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§ 8-508. Appeals

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2017

West's Annotated Code of Maryland
Labor and Employment
Title 8. Unemployment Insurance (Refs & Annos)
Subtitle 5. Lower Appeals Division of the Department of Labor, Licensing, and Regulation (Refs & Annos)
Effective: October 1, 2017
MD Code, Labor and Employment, § 8-508
§ 8-508. Appeals
Right of appeal
(a)(1) An individual who files a claim for benefits or an employer entitled to notice of a determination or redetermination of the claim may file an appeal with the Lower Appeals Division within 15 days after notice of the determination or redetermination of a claim is mailed to the claimant or employer at the last known address of the claimant or employer or otherwise is delivered.
(2) The Secretary, at the Secretary's discretion, may be a party to an appeal filed by a claimant or employing unit with the Lower Appeals Division under paragraph (1) of this subsection.
Appeal of a review determination decision
(b)(1) An employer may file an appeal of a review determination decision with the Lower Appeals Division within 30 days after the notice of the review determination decision is sent to the employer at the last known address of the employer.
(2) The Secretary shall be a party to an appeal filed under paragraph (1) of this subsection.
Powers of hearing examiner
(c) Unless an appeal filed under subsection (a) or subsection (b) of this section is withdrawn or removed to the Board of Appeals, a hearing examiner shall:
(1) give the parties a reasonable opportunity for a fair hearing in accordance with the notice provisions in §§ 10-207 and 10-208 of the State Government Article, except that the notice is not subject to § 10-208(b)(4) and (7) of the State Government Article;
(2) make findings of fact and conclusions of law, based on a preponderance of evidence, in accordance with § 10-217 of the State Government Article; and
(3) on the basis of the findings of fact and conclusions of law, affirm, modify, or reverse a determination or redetermination of a claim or a review determination decision.
Delivery of notice and copy of decision and findings of fact
(d) The hearing examiner promptly shall give each party:
(1) notice of the decision of the hearing examiner in accordance with § 10-221 of the State Government Article; and
(2) a copy of the decision and the findings of fact and conclusions of law that support the decision.
Finality of decision
(e) The decision of the hearing examiner is final after 10 days after notice of the decision has been mailed or otherwise delivered to the individual or employer that filed the appeal with the Lower Appeals Division, unless further review is initiated under § 8-5A-10 of this title.

Credits

Added by Acts 2008, c. 660, § 3, eff. Oct. 1, 2008. Amended by Acts 2011, c. 108, § 1, eff. Oct. 1, 2011; Acts 2017, c. 251, § 1, eff. Oct. 1, 2017.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2011 Legislation
Acts 2011, c. 108, § 1, rewrote subsec. (e), which previously had read:
“(e) The decision of the hearing examiner is final unless further review is initiated under § 8-5A-10 of this title.”
2017 Legislation
Acts 2017, c. 251, § 1, redesignated former (a) as (a)(1); in new (a)(1), inserted “of a claim” following “redetermination”; redesignated former (b) as (a)(2); in new (a)(2), inserted “under paragraph (1) of this subsection”; added a new (b); in the introductory paragraph of (c), inserted “or subsection (b)”; and in (c)(3), inserted “of a claim or a review determination decision”.
Acts 2017, c. 251, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any determinations made by the Secretary under Title 8, Subtitle 6 of the Labor and Employment Article before the effective date of this Act.”
Prior Laws
Labor and Employment § 8-508, added by Acts 1991, c. 8, § 2, amended by Acts 1993, c. 59, § 1; Acts 1998, c. 499, § 1, related to the review of determinations by a hearing examiner, renumbered as Labor and Employment § 8-5A-09 by Acts 2008, c. 660, § 1, eff. Oct. 1, 2008.
MD Code, Labor and Employment, § 8-508, MD LABOR & EMPLY § 8-508
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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