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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
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.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2008 Legislation
Acts 2008, c. 660, § 1, renumbered Labor and Employment § 8-510 as Labor and Employment § 8-5A-10.
Acts 2008, c. 660, § 3, in subsec. (a), deleted “or determination of the Secretary” after “decision of a hearing examiner”; and in subsec. (b), updated a cross reference.
2017 Legislation
Acts 2017, c. 251, § 1, rewrote this section, which prior thereto read:
“(a) 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.
“(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, 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, the Board of Appeals may allow an appeal by a party entitled to notice of the decision.
“(c) Within the time limit for filing an appeal under subsection (a) of this section, on its own motion the Board of Appeals may initiate a review of the decision of a hearing examiner.
“(d) On review on its own motion or on appeal, the Board of Appeals may 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.
“(e) A proceeding removed or appealed to the Board of Appeals shall be heard by a quorum.”
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.”
MD Code, Labor and Employment, § 8-5A-10, MD LABOR & EMPLY § 8-5A-10
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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