Md. Code Regs. 13A.01.05.02

Current through Register Vol. 51, No. 21, October 18, 2024

Section 13A.01.05.02 - Appeals

A. Contents. The request for an appeal shall:

(1) Be signed by each party taking the appeal and include the printed name, regular mail address, and email address of each party;

(2) Designate the decision or order for which review is requested;

(3) Contain a statement of the facts necessary to an understanding of the appeal;

(4) Contain the issues or charges for which the appeal is being taken;

(5) Contain reasons in support of the appeal;

(6) Contain a statement of the relief sought;

(7) Include any supporting documents, exhibits, and affidavits;

(8) Include, if possible, a copy of the order and opinion from which the appeal is sought; and

(9) Be no longer than 15 pages, excluding attachments.

B. Deadlines.

(1) Appeals.

(a) An appeal shall be filed within 30 calendar days of the decision of the local board or other individual or entity which issued the decision on appeal.

(b) The 30 days shall run from the later of the date of the order or the opinion reflecting the decision.

(2) The day of the decision may not be included in computing any period of time prescribed by these regulations.

(3) An appeal shall be deemed to have been filed within the 30-day period of time permitted under §B(1) of this regulation if, before the expiration of the time, it has been:

(a) Delivered to the State Board;

(b) Deposited in the United States mail, as registered or certified mail or Express Mail, or deposited with a delivery service, such as Fed Ex, UPS, or DHL, that provides verifiable tracking of the item from the point of origin; or

(c) Submitted electronically to the State Board.

(4) 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 which is not a Saturday, Sunday, or State legal holiday.

C. Acknowledgment. The State Board shall promptly acknowledge receipt of the appeal in writing and send a copy of an appeal involving a local school system to the local superintendent.

Md. Code Regs. 13A.01.05.02

Regulation .02B amended effective May 28, 2012 (39:10 Md. R. 660); amended effective 46:3 Md. R. 106, eff. 2/11/2019; amended effective 50:25 Md. R. 1088, eff. 12/25/2023