Md. Code Regs. 21.10.05.06

Current through Register Vol. 51, No. 21, October 18, 2024

Section 21.10.05.06 - Motions

A. Scope. Unless otherwise provided by this subtitle, this regulation applies to all motions filed with the Appeals Board.

B. Unless otherwise provided by this subtitle:

(1) A party may move for appropriate relief before or during a hearing.

(2) A party shall submit all motions in writing in accordance with §B(3) of this regulation or orally at a hearing.

(3) Written motions shall:

(a) Be filed as far in advance of the hearing as is practicable or in accordance with the. Appeals Board's Scheduling Order;

(b) State concisely the question to be determined;

(c) Be accompanied by any necessary supporting documentation and shall not exceed (motions and responses thereto) 25 8.5x11 inch pages, typewritten double-spaced, excluding exhibits thereto; and

(d) A motion and response thereto shall be filed with a Proposed Order that specifies the relief requested.

(4) A response to a written motion shall be filed within 15 working days of the State government after the date the motion was filed, or the day before the date of the hearing, whichever is earlier. The moving party may file a reply to the response to the motion. No further responses will be accepted. The reply shall be filed within 5 working days of the State government after the date the response was filed, or the day before the date of the hearing, whichever is earlier, and shall not exceed ten 8.5 x 11 inch pages, typewritten and double-spaced, excluding exhibits thereto. Any party that desires to supplement its motion or response thereto must seek leave of the Appeals Board.

(5) Upon notice to all parties, the Appeals Board may schedule a hearing to consider a written motion.

(6) For a written or oral motion, the Appeals Board may:

(a) Issue a written decision;

(b) State the decision on the record; or

(c) State the decision on the record and issue a written opinion providing the basis for its decision at a later date.

(7) If a ruling on a motion is not stated on the record or the subject of a written decision, the ruling shall be included in the Appeals Board's proposed or final decision.

(8) The filing or pendency of a motion does not alter or extend any time limit.

C. Motion to Dismiss. Upon motion, the Appeals Board may issue an Order dismissing an initial pleading if it appears to the Board that the Board, for whatever reason, cannot grant the relief requested. A motion regarding the jurisdiction of the Appeals Board shall be filed promptly. A hearing on the motion shall be conducted at the request of either party, unless the Appeals Board determines that its decision on the motion will be deferred pending a hearing on both the merits of the appeal and the motion. The Appeals Board shall have the right at any time to raise the issue of its jurisdiction to proceed with a particular appeal and shall issue an appropriate order affording the parties an opportunity to be heard on the issue of the Appeals Board's jurisdiction.

D. Motion for Summary Decision.

(1) A party may move for summary decision at any time on any appropriate issue in the appeal.

(2) The Appeals Board may grant a motion for summary decision if the Appeals Board finds that:

(a) After resolving all inferences in favor of the party against whom the motion is asserted, there is no genuine issue of material fact; and

(b) A party is entitled to prevail as a matter of law.

E. Motion for Judgment.

(1) A party may move for judgment on any of the issues in an action at the close of the evidence offered by an opposing party. The moving party shall state with particularity all reasons that the motion should be granted. Objection to the motion for judgment is not necessary. A party does not waive the right to make the motion for judgment by introducing evidence during the presentation of an opposing party's case.

(2) If a party moves for judgment at the close of the evidence offered by an opposing party, the Appeals Board may:

(a) Proceed to determine the facts and to render judgment against an opposing party; or

(b) Decline to render judgment until the close of all evidence.

(3) A party who moves for judgment at the close of the evidence offered by an opposing party may offer evidence if the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. In so doing, the party withdraws the motion.

F. Motion for Reconsideration. A motion for reconsideration may only be filed on the grounds that the decision of the Appeals Board was in error as a result of fraud, surprise, mistake, or inadvertence and shall be filed within 15 days for appeals of protests and within 30 days for appeals of contract claims from the date the party filing the motion received a copy of the decision of the Appeals Board. A response to a motion for reconsideration shall be filed within 7 working days of the State government after the date the motion was filed. The moving party may not file a reply to a response to a motion for reconsideration. The Appeals Board may also, at its own discretion, alter or amend its decision or order if it determines that an error has occurred. For purposes of judicial review as provided for under State Finance and Procurement Article, § 15-223, and State Government Article, § 10-222, Annotated Code of Maryland, and Title 7, Chapter 200 of the Md. Rules, an action of the Appeals Board shall be deemed final 30 days from the date of receipt by the parties of the Appeals Board's decision under this regulation or, in the event of a motion for reconsideration, from the date of receipt by the parties of the Appeals Board's ruling thereon.

Md. Code Regs. 21.10.05.06

Regulation .06 adopted effective August 30, 2004 (31:17 Md. R. 1313); amended effective 45:9 Md. R. 463, eff. 5/7/2018; amended effective 47:17 Md. R. 797, eff. 8/24/2020; amended effective 48:21 Md. R. 883, eff. 9/9/2021; amended effective 49:3 Md. R.137, eff. 9/9/2021amended effective 49:4 Md. R. 302, eff. 2/21/2022