Md. Code Regs. 21.10.05.02

Current through Register Vol. 51, No. 18, September 6, 2024

Section 21.10.05.02 - General Procedures

A. Regulations. Appeals referred to the Appeals Board are handled in accordance with the procedural regulations of the Appeals Board.

B. Administration and Interpretation of Regulations. The regulations will be administered and interpreted so as to ensure a just and inexpensive determination of appeals without unnecessary delay.

C. Preliminary Procedures. Preliminary procedures are available to encourage full disclosure of relevant and material facts and to discourage unwarranted surprise. Participants in proceedings before the Appeals Board are encouraged to use these procedures in a voluntary, informal manner.

D. Ex Parte Communications. A member of the Appeals Board or of the Appeals Board's staff may not entertain, nor may any person directly or indirectly involved in an appeal submit to the Appeals Board or the Appeals Board's staff, off the record, any evidence, explanation, analysis, or advice, whether written or oral, regarding any matter at issue in an appeal. This provision does not apply to consultation among Appeals Board members or to ex parte communications concerning the Appeals Board's administrative functions or procedures.

E. Representation by Counsel. Whenever reference is made to contractor, protester, appellant, administrator, respondent, interested party, or parties, this shall include respective counsel for the parties, as soon as appropriate notices of appearance have been filed with the Appeals Board.

F. Pleadings.

(1) Caption and Title. Every pleading shall contain a caption setting forth the name of the Appeals Board, the title of the appeal, the number of the State contract or license application involved, and the docket number assigned by the Appeals Board. The caption for an initial pleading shall include the address of appellant. Under the caption shall be placed a statement of the nature of the pleading and the relief, if any, sought. The following illustrates the required format:

MARYLAND STATE BOARD OF CONTRACT APPEALS

IN THE APPEAL OF

XYZ CO.

100 Main Street

Baltimore, Maryland 21240

UNDER (Name of State Agency)

Contract/Solicitation/Application No.

DOCKET NO.

MSBCA 0000

(Nature of Pleading)

(2) Paper Size. Pleadings shall be on white standard letter size (8-1/2 x 11 inch) paper, without back or cover.

G. Subsequent Appeals and Additional Protests or Claims.

(1) If a party files multiple appeals based on the same solicitation or contract, the party filing each subsequent appeal shall promptly notify the Clerk in writing that the appeal is based on the same solicitation or contract as the previously filed appeal or appeals.

(2) A party filing an appeal shall promptly notify the Clerk in writing of any additional protests or claims relating to the same solicitation or contract that have been filed with a State agency but are not yet ripe for appeal.

Md. Code Regs. 21.10.05.02

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