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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
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.
(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.
(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.


Added by Acts 2008, c. 660, § 3, eff. Oct. 1, 2008.

Editors' Notes

Prior Laws
Labor and Employment § 8-506, added by Acts 1991, c. 8, § 2, amended by Acts 1993, c. 59, § 1, related to hearings, renumbered as Labor and Employment § 8-5A-07 by Acts 2008, c. 660, § 1, eff. Oct. 1, 2008.
MD Code, Labor and Employment, § 8-506, MD LABOR & EMPLY § 8-506
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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