D.C. Mun. Regs. r. 27-203

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-203 - THE APPEAL FILE

203.1

Within thirty (30) days after receipt of the acknowledgement that a complaint has been docketed, the contracting agency shall assemble and transmit to the Board an appeal file consisting of all documents pertinent to the appeal, including:

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

(b) The contract, including specifications and pertinent amendments, plans, and drawings;

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

(d) Transcripts of any testimony taken during the course of proceedings, and affidavits or statements of any witnesses on the matter in dispute made prior to the filing of the complaint with the Board; and

(e) Any additional information considered relevant to the appeal.

203.2

Within the same thirty (30) day time period, the contracting agency shall furnish the appellant a copy of each document submitted to the Board, except those in Subsection 203.1(b) above. As to the latter, a list furnished appellant indicating contractual documents submitted to the Board will suffice.

203.3

Within thirty (30) days after receipt of a copy of the appeal file assembled by the contracting agency, the appellant shall transmit to the Board any documents or other tangible things no t contained therein which are considered relevant to the appeal, and shall furnish a copy of each document to the attorney representing the contracting agency.

203.4

The Board may, at any time during the pendency of the appeal, require either party to supplement the appeal file or record by filing other documents and tangible things.

203.5

All exhibits in the appeal file shall be considered, without further action by the parties, a part of the record upon which the Board will render its decision. However, a party may object, for reasons stated, to consideration of a particular document reasonably in advance of a hearing, or, if there is no hearing, of closing the record. If an objection is made, the Board shall remove the document from the appeal file and permit the party offering the document to move its admission as evidence.

203.6

Documents in the appeal file may be originals or legible facsimiles or authenticated copies, and shall be arranged in chronological order where practicable, numbered sequentially, tabbed, and indexed to identify the contents of the file.

203.7

Original copies of documents may be withdrawn from the appeal file, with the Board's consent, if an acceptable copy is substituted.

D.C. Mun. Regs. r. 27-203

Final Rulemaking published at 49 DCR 2078 (March 8, 2002); amended by Final Rulemaking published at 67 DCR 1734 (4/6/2020)