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§ 8-5A-10. Review by Board of 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 5a. Board of Appeals of Department of Labor, Licensing, and Regulation (Refs & Annos)
Effective: October 1, 2017
MD Code, Labor and Employment, § 8-5A-10
§ 8-5A-10. Review by Board of Appeals
Currentness
Time for filing
(a)(1) In a case involving a determination or a redetermination of a claim, a party who wishes to file an appeal with the Board of Appeals shall do so within 15 days after notice of the decision of a hearing examiner was mailed to the party at the last known address of the party or otherwise was delivered to the party.
(2) In a case involving a determination under Subtitle 6 of this title for which a review determination was issued, an employer that wishes to file an appeal with the Board of Appeals shall do so within 30 days after notice of the decision of a hearing examiner was sent to the employer.
Decisions of hearing examiner on claims
(b) After a hearing examiner makes a final decision under § 8-508 of this title:
(1) if the hearing examiner does not affirm the determination or redetermination of a claim or the review determination decision, the Board of Appeals shall allow an appeal by either the Secretary, or a party entitled to notice of the decision, or both; and
(2) if the hearing examiner affirms the determination or redetermination of a claim or the review determination decision, the Board of Appeals may allow an appeal by a party entitled to notice of the decision.
Review on motion of Board of Appeals
(c)(1) Within the time limit for filing an appeal under subsection (a)(1) of this section, on its own motion the Board of Appeals may initiate a review of the decision of a hearing examiner in a case involving a determination or a redetermination of a claim.
(2) Within the time limit for filing an appeal under subsection (a)(2) of this section, on its own motion the Board of Appeals may initiate review of the decision of a hearing examiner in a case involving a review determination decision.
Scope of review
(d) On review on its own motion or on appeal, the Board of Appeals may remand, affirm, modify, or reverse the findings of fact or conclusions of law of the hearing examiner on the basis of:
(1) evidence submitted to the hearing examiner; or
(2) evidence that the Board of Appeals may direct to be taken.
Quorum required
(e) A proceeding removed or appealed to the Board of Appeals shall be heard by a quorum.

Credits

Added as Labor and Employment § 8-510 by Acts 1991, c. 8, § 2. Amended by Acts 1998, c. 499, § 1, eff. June 1, 1998. Renumbered as Labor and Employment § 8-5A-10 by Acts 2008, c. 660, § 1, eff. Oct. 1, 2008. Amended by Acts 2008, c. 660, § 3, eff. Oct. 1, 2008; Acts 2017, c. 251, § 1, eff. Oct. 1, 2017.
Formerly Art. 95A, §§ 7, 8, 15.
MD Code, Labor and Employment, § 8-5A-10, MD LABOR & EMPLY § 8-5A-10
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document