Md. Code Regs. 21.10.06.04

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

Section 21.10.06.04 - Preparation, Contents, Organization, Forwarding, and Status of Appeal File

A. Duties of Procurement Officer. Within 30 days of notice from the Appeals Board that an appeal has been docketed, the procurement officer shall assemble and transmit to the Appeals Board, through the Office of the Attorney General, documents relevant to the appeal including:

(1) The decision from which the appeal is taken;

(2) The contract including specifications and relevant amendments, plans, and drawings;

(3) All correspondence between the parties relevant to the appeal, including the letter or letters of claim in response to which the decision was issued;

(4) Transcripts of any testimony taken during the course of proceedings, and affidavits or statements of any witnesses on the matter in dispute made before the filing of the notice of appeal with the Appeals Board; and

(5) Any Additional Information Considered Relevant. Within the same time specified above, the procurement officer shall furnish to the appellant a copy of each document it transmits to the Appeals Board, except those stated in §A(2) of this regulation, as to which a list furnished to the appellant indicating specific contractual documents transmitted will suffice, and those stated in §D of this regulation.

B. Duties of the Appellant. Within 30 days after receipt of a copy of the appeal file assembled by the procurement officer, the appellant may supplement the file by transmitting to the Appeals Board any documents not contained in the file that it considers relevant to the appeal, and furnishing two copies of these documents to the trial attorney designated by the Office of the Attorney General.

C. Organization of Appeal File. Documents in the appeal file may be originals or legible facsimile or authenticated copies, and shall be arranged in chronological order when practicable, numbered sequentially, tabbed and indexed to identify the contents of the file.

D. Lengthy Documents. The Appeals Board may waive the requirement of furnishing to the other party copies of bulky, lengthy, or out-of-size documents when a party has shown that doing so would impose an undue burden. At the time a party files with the Appeals Board a document for which a waiver has been granted, the filing party shall provide an electronic copy of the document in a format specified by the Clerk of the Appeal Board and shall notify the other party that this document or a copy is available for inspection at the offices of the Appeals Board or of the filing party.

E. Status of Documents in Appeal File. Documents contained in the appeal file are considered, without further action by the parties, as part of the record upon which the Appeals Board shall render its decision, unless a party objects to the consideration of a particular document before the hearing, or before settling the record if there is no hearing on the appeal. If objection to a document is made, the Appeals Board will rule upon its admissibility into the record as evidence in accordance with Regulation .13 of this chapter and COMAR 21.10.05.10.

Md. Code Regs. 21.10.06.04

Regulations .04 amended effective 45:9 Md. R. 463, eff. 5/7/2018; amended effective 48:21 Md. R. 883, eff. 9/9/2021; amended effective 49:3 Md. R.137, eff. 9/9/2021; amended effective 49:4 Md. R. 302, eff. 2/21/2022