Md. Code Regs. 21.10.06.12

Current through Register Vol. 51, No. 24, December 2, 2024

Section 21.10.06.12 - [Effective until 12/12/2024] Optional "Small Claims (Expedited)" and "Accelerated" Procedures

A. These procedures are available solely at the election of the appellant.

B. Election to Use "Small Claims (Expedited)" and "Accelerated" Procedures.

(1) In appeals where the amount in dispute is $50,000 or less, the appellant may elect to have the appeal processed under a "Small Claims (Expedited)" procedure requiring decision of the appeal, when possible, within 120 days after the Appeals Board receives written notice of the appellant's election to use this procedure. The details of this procedure appear in §C of this regulation. An appellant may elect the "Accelerated" procedure rather than the "Small Claims (Expedited)" procedure.

(2) In appeals where the amount in dispute is $100,000 or less, the appellant may elect to have the appeal processed under an "Accelerated" procedure requiring decision of the appeal, when possible, within 180 days after the Appeals Board receives written notice of the appellant's election to use this procedure. The details of this procedure appear in §D of this regulation.

(3) The appellant's election of either the "Small Claims (Expedited)" procedure or the "Accelerated" procedure must be made by written notice within 60 days after receipt of the notice of docketing unless this period is extended by the Appeals Board for good cause. The election may not be withdrawn except with permission of the Appeals Board and for good cause.

(4) In deciding whether the "Small Claims (Expedited)" procedure or the "Accelerated" procedure is applicable to a given appeal, the Appeals Board shall determine the amount in dispute.

C. "Small Claims (Expedited)" Procedure.

(1) Promptly upon receipt of an appellant's election of the "Small Claims (Expedited)" procedure, the assigned Appeals Board member shall take the following actions, if feasible, in an informal meeting or a telephone conference with both parties:

(a) Identify and simplify the issues;

(b) Establish a simplified procedure appropriate to the particular appeal involved;

(c) Determine whether the appellant wants a hearing, and if so, fix a time and place for a hearing;

(d) Require the procurement officer, through the Office of the Attorney General, to furnish all correspondence between the parties pertinent to the appeal, including the letter or letters of claim in response to which the agency final action was issued; and

(e) Establish an expedited schedule for resolution of the appeal.

(2) Pleadings, discovery, and other prehearing activity will be allowed only as consistent with the requirement to conduct the hearing on the date scheduled, or if no hearing is scheduled, to close the record on a date that will allow a decision within the 120-day limit. The Appeals Board may impose shortened time periods for actions prescribed or allowed under these regulations as necessary to enable the Appeals Board to decide the appeal within the 120-day limit, and may reserve 30 days for the preparation of the decision.

(3) Written decisions by the Appeals Board in appeals processed under the "Small Claims (Expedited)" procedure will be short and contain only summary findings of fact and conclusions. Decisions will be rendered for the Appeals Board by a single member. If there has been a hearing, the Appeals Board member presiding at the hearing may, at the conclusion of the hearing and after hearing such oral arguments as deemed appropriate, render on the record oral summary findings of fact, conclusions, and a decision of the appeal. If an oral decision is rendered, the Appeals Board shall subsequently furnish to the parties a typed copy of the oral decision for the record and to establish the starting date for the period for filing a motion for reconsideration.

(4) A decision issued under this regulation shall have no value as precedent.

(5) Proposed decisions as provided for under Regulation .26 of this chapter, may not be issued for appeals decided under the "Small Claims (Expedited)" procedure.

D. The "Accelerated" Procedure.

(1) Promptly upon receipt of an appellant's election of the "Accelerated" procedure, the assigned Appeals Board member shall take the following actions, if feasible, in an informal meeting or a telephone conference with both parties:

(a) Identify and simplify the issues;

(b) Establish a simplified procedure appropriate to the particular appeal involved;

(c) Determine whether either party wants a hearing and if either does, fix a time and place for a hearing;

(d) Require the procurement officer, through the Office of the Attorney General, to furnish all correspondence between the parties pertinent to the appeal, including the letter or letters of claim in response to which the agency final action was issued; and

(e) Establish an accelerated schedule for resolution of the appeal.

(2) Pleadings, discovery, and other prehearing activity will be allowed only as consistent with the requirement to conduct the hearing on the date scheduled, or if no hearing is scheduled, to close the record on a date that will allow a decision within the 180-day limit. The Appeals Board may impose shortened time periods for any actions prescribed or allowed under these regulations as necessary to enable the Appeals Board to decide the appeal within the 180-day limit, and may reserve 30 days for the preparation of the decision.

(3) Written decisions by the Appeals Board in appeals processed under the "Accelerated" procedure normally will be short and contain only summary findings of fact and conclusions. Decisions will be rendered for the Appeals Board by a single member with the concurrence of the Chairman or other designated Appeals Board member, or by a majority among these two and an additional designated Appeals Board member in case of disagreement. Alternatively, in appeals where the amount in dispute is $100,000 or less as to which the "Accelerated" procedure has been elected and in which there has been a hearing, a single Appeals Board member presiding at the hearing with the concurrence of both parties, at the conclusion of the hearing and after entertaining such oral arguments as deemed appropriate, may render on the record oral summary findings of fact, conclusions, and a decision of the appeal. If an oral decision is rendered, the Appeals Board shall subsequently furnish to the parties a typed copy of the oral decision for the record and to establish the starting date for the period for filing a motion for reconsideration.

(4) Proposed decisions, as provided for under Regulation .26 of this chapter, may not be issued for appeals decided under the "Accelerated" procedure.

Md. Code Regs. 21.10.06.12

Regulations .12 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