Current through Register Vol. 51, No. 6, March 22, 2024
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.
