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§ 8-506. Hearings

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2008

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, 2008
MD Code, Labor and Employment, § 8-506
§ 8-506. Hearings
Currentness
Conduct of hearing
(a)(1) A hearing examiner shall conduct a hearing or appeal in a manner that ascertains the substantial rights of the parties.
(2)(i) A hearing examiner is not bound by statutory or common law rules of evidence or technical rules of procedure.
(ii) A hearing examiner shall consider evidence offered in accordance with § 10-213 of the State Government Article.
Disqualification due to interest in proceedings; ex parte communications
(b)(1)(i) A hearing examiner may not participate in any proceeding in which the hearing examiner has a direct or indirect interest.
(ii) The status of the Secretary as a party to a case may not constitute a direct or indirect interest as to a hearing examiner.
(2)(i) Except as provided in subparagraph (ii) of this paragraph, ex parte communications are subject to § 10-219 of the State Government Article.
(ii) Section 10-219(d) of the State Government Article does not apply to ex parte communications under this subtitle.
Consolidation of claims
(c)(1) A hearing examiner may consolidate claims by more than one individual or claims by a single individual for 2 or more weeks of unemployment if:
(i) the same or substantially similar evidence is relevant and material to the matters at issue; and
(ii) in the judgment of the hearing examiner, the consolidation would not be prejudicial to a party.
(2) When claims are consolidated under this subsection, the hearing examiner may:
(i) set the same time and place for considering each claim;
(ii) conduct joint hearings;
(iii) make a single record of the proceedings; and
(iv) consider evidence that is introduced in a proceeding for one claim as having been introduced for another claim.
Record
(d)(1) A record shall be kept, in accordance with § 10-218 of the State Government Article, of all testimony and proceedings before a hearing examiner.
(2) Testimony shall be transcribed if:
(i) judicial review is initiated; or
(ii) the hearing examiner or the Board of Appeals orders a transcription.
Compensation of witness
(e)(1) A witness who is subpoenaed under this subtitle is entitled to compensation at a rate that the chief hearing examiner sets.
(2) The compensation of a witness who is subpoenaed on behalf of the Lower Appeals Division or a claimant shall be considered part of the expense of administering this title.
Fees
(f) The Lower Appeals Division may not charge a claimant a fee in any proceeding under this title.
Notice of decision
(g)(1) A hearing examiner promptly shall give each party to a proceeding before it written notice of its decision by mailing the notice to each party at the last known address of the party or business address of a licensee in accordance with § 10-209(a) of the State Government Article, or otherwise delivering the notice.
(2) The notice shall:
(i) include the findings of fact and conclusions of law that support the decision;
(ii) be accompanied by any order necessary to give effect to the decision; and
(iii) conform to the requirements of § 10-221 of the State Government Article.

Credits

Added by Acts 2008, c. 660, § 3, eff. Oct. 1, 2008.
MD Code, Labor and Employment, § 8-506, MD LABOR & EMPLY § 8-506
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document