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§ 8-5A-12. Judicial review

West's Annotated Code of MarylandLabor and EmploymentEffective: April 12, 2011

West's Annotated Code of Maryland
Labor and Employment
Title 8. Unemployment Insurance (Refs & Annos)
Subtitle 5a. Board of Appeals of Department of Labor, Licensing, and Regulation (Refs & Annos)
Effective: April 12, 2011
MD Code, Labor and Employment, § 8-5A-12
§ 8-5A-12. Judicial review
In general
(a)(1) A final decision of the Board of Appeals may be appealed to a circuit court by any party aggrieved by the decision, the Secretary, or both.
(2) In addition to standing authorized under paragraph (1) of this subsection, the Secretary may appeal on behalf of the federal government any decision of the Board of Appeals in which the Secretary is an agent of the federal government and responsible for the administration of a federal unemployment compensation program.
(3) The Board of Appeals may be a party to an appeal under this section and may be represented by the Attorney General or by any qualified lawyer who is a regular salaried employee of the Board of Appeals and who has been designated by it for that purpose on recommendation of the Attorney General.
(4) A court or an officer of a court may not charge an individual who claims benefits a fee in any proceeding under this title.
Appeal to circuit court
(b) An employer that is aggrieved by a final decision under § 8-602 or § 8-629 or § 8-638 of this title may appeal to the circuit court for Baltimore City or for a county where the employer does business.
Certification of question of law
(c) The Board of Appeals may certify to a circuit court a question of law that is involved in a decision by the Board of Appeals.
Scope of review
(d) In a judicial proceeding under this section, findings of fact of the Board of Appeals are conclusive and the jurisdiction of the court is confined to questions of law if:
(1) findings of fact are supported by evidence that is competent, material, and substantial in view of the entire record; and
(2) there is no fraud.
Priority
(e)(1) A circuit court shall give priority to an appeal or a certified question of law under this section over all other civil cases except cases under the Workers' Compensation Law1 of the State.
(2) A circuit court shall hear an appeal or a certified question of law under this section in a summary manner.
Exceptions; bond
(f) In a judicial proceeding under this section, a circuit court may not require a person to:
(1) enter an exception to a ruling of the Board of Appeals; or
(2) post a bond for entering an appeal.
Appeal to Court of Special Appeals
(g) A party may appeal from a decision of a circuit court to the Court of Special Appeals in the same manner as provided for in civil cases, consistent with this title.

Credits

Added as Labor and Employment § 8-512 by Acts 1991, c. 8, § 2. Amended by Acts 1998, c. 499, § 1, eff. June 1, 1998. Renumbered as Labor and Employment § 8-5A-12 by Acts 2008, c. 660, § 1, eff. Oct. 1, 2008. Amended by Acts 2011, c. 12, § 1, eff. April 12, 2011.
Formerly Art. 95A, §§ 7, 8, 15, 16.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2008 Legislation
Acts 2008, c. 660, § 1, renumbered Labor and Employment § 8-512 as Labor and Employment § 8-5A-12.
2011 Legislation
Acts 2011, c. 12, § 1, deleted subsec. (h), which previously had read:
“(h) On final decision in a judicial proceeding under this section, the Board of Appeals shall pass an order in accordance with the decision.”

Footnotes

Labor and Employment § 9-101 et seq.
MD Code, Labor and Employment, § 8-5A-12, MD LABOR & EMPLY § 8-5A-12
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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