<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 21.10.07.09" title_num="21" subtitle_num="10" chapter_num="07" heading="Costs Incurred by Interested Party.">
  <paragraph num="A.">
    <text>The Appeals Board may award an interested party the reasonable costs of filing and pursuing a protest, including reasonable attorney’s fees, if:</text>
    <paragraph num="(1)">
      <text>The interested party appeals the final action of an agency on a protest;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Appeals Board sustains the appeal; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Appeals Board finds that there has been a violation of law or regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A request for award of costs incurred by the interested party in filing and pursuing a protest shall be made by written motion filed within 15 calendar days of the decision by the Appeals Board finding a violation of law or regulation. The motion shall specify all costs being requested, shall be sustained by documented evidence, and the interested party shall certify under oath or affirmation its costs in filing and pursuing a protest. Upon request of a party or on its own initiative, the Appeals Board may conduct a hearing to determine the reasonableness of the cost and fees claimed.</text>
  </paragraph>
</regulation>