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<regulation prefix="Regulation" num=".04" citation="COMAR 13A.01.05.04" title_num="13A" subtitle_num="01" chapter_num="05" heading="General Procedures.">
  <paragraph num="A.">
    <text>Amendment of Appeal or Other Pleading.</text>
    <paragraph num="(1)">
      <text>The State Board upon its own initiative or upon the request of a party may order a party to make a more definite statement of the appeal.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A party may amend an appeal or other pleading upon leave of the State Board or by written consent of the other party.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Requests to Shorten or Extend Time Requirements.</text>
    <paragraph num="(1)">
      <text>Upon the written request of a party or on its own initiative, the State Board for good cause shown may shorten or extend the time limitations set forth in this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The State Board may not extend the time limitations set forth in this chapter before an appeal is filed.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The State Board may not extend the time period for filing an appeal from the decision of the local board or for filing an application for reconsideration of a State Board decision except in the case of fraud, lack of notice of the decision, or other extraordinary circumstances.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Additional Evidence. If an appellant asks to present additional evidence on the issues in an appeal, and it is shown to the satisfaction of the State Board that the additional evidence is material and that there were good reasons for the failure to offer the evidence in the proceedings before the local board, the State Board may:</text>
    <paragraph num="(1)">
      <text>Remand the appeal to the local board for the limited purpose of receiving the additional evidence upon conditions the State Board considers proper; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Receive the additional evidence.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Representation of Parties.</text>
    <paragraph num="(1)">
      <text>A party may be accompanied, represented, and advised by counsel at all stages of an appeal.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A party, or counsel if a party is represented by counsel, shall be responsible for the:</text>
      <paragraph num="(a)">
        <text>Filing and receipt of motions, memoranda, and responses;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Submission of evidence, examination, and cross-examination of witnesses;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Filing and receipt of exceptions, if applicable; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Oral argument, if applicable.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>In cases with multiple parties, the State Board may request the parties to select one or more lead appellants to file responses and documents on behalf of all appellants and to receive responses and documents on behalf of all appellants.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Filing Motions, Memoranda, and Responses.</text>
    <paragraph num="(1)">
      <text>Motions, memoranda, and responses shall be filed with the State Board with a written certification that copies were furnished to all other parties.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Except as provided in §E(3), (4), and (5) of this regulation, responses to any motion or memorandum shall be filed within 15 days of the filing of the motion or memorandum, and any reply to the response shall be filed within 10 days of the date on which the response is filed.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the motion, memorandum, or response is provided to the opposing party by mail, 3 days shall be added to the prescribed period for filing a response or reply to the response.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The last day of the period of time prescribed by this chapter shall be included, unless it is a Saturday, Sunday, or a State legal holiday, in which event the period ends on the next day that is not a Saturday, Sunday, or a State legal holiday.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The State Board or its designee may modify the time schedule for the filing of motions, memoranda, and responses upon timely notice to all parties.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Motions, memoranda, and responses shall be no longer than 15 pages, excluding attachments.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The State Board may strike any motion, memoranda, response, or other submission that is outside of the briefing process or otherwise fails to comply with the requirements of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Counsel. The State Board may request the Office of the Attorney General to participate or provide legal advice in any appeal as counsel for the State Board.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Lack of Notice.</text>
    <paragraph num="(1)">
      <text>A party who alleges lack of timely notice in a local board or State Board proceeding must file an affidavit with the State Board affirming under oath that the notice at issue was not timely received, the facts that support that affirmation, and that the party was prejudiced as a result.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Failure to submit an affidavit shall result in the State Board declining to consider the claim of lack of notice.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If a party submits an affidavit under §G(1) of this regulation, the opposing party shall bear the burden of demonstrating by a preponderance of the evidence, in the form of affidavits and documents, that the correspondence was timely sent to the correct recipient at the correct address.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If the State Board concludes that there is a dispute of fact concerning whether a party received timely notice, it may refer the case to the Office of Administrative Hearings for proposed findings of fact, conclusions of law, and a proposed decision on the question.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>At the rest of the State Board, a party shall submit hard copies of any documents that were filed in electronic format.</text>
  </paragraph>
  <paragraph num="I.">
    <text>A party submitting video evidence shall provide a transcribed copy of the video and, for a video that contains portions that are not relevant to the appeal, provide the time stamp location of the relevant portions of the video.</text>
  </paragraph>
</regulation>