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§ 8-5A-07. Conduct of 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 5a. Board of Appeals of Department of Labor, Licensing, and Regulation (Refs & Annos)
Effective: October 1, 2008
MD Code, Labor and Employment, § 8-5A-07
§ 8-5A-07. Conduct of hearings
In general
(a)(1) A special examiner and the Board of Appeals shall conduct a hearing or appeal in a manner that ascertains the substantial rights of the parties.
(2)(i) A special examiner and the Board of Appeals are not bound by statutory or common law rules of evidence or technical rules of procedure.
(ii) A special examiner and the Board of Appeals shall consider evidence offered in accordance with § 10-213 of the State Government Article.
Conflicts of interest
(b)(1) A person may not participate on behalf of the Board of Appeals in any proceeding in which the person has a direct or indirect interest.
(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 special examiner or the Board of Appeals may consolidate claims by more than 1 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 special examiner or the Board of Appeals, the consolidation would not be prejudicial to a party.
(2) When claims are consolidated under this subsection, the special examiner or Board of Appeals 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 1 claim as having been introduced for another claim.
Record of proceedings
(d)(1) A record shall be kept, in accordance with § 10-218 of the State Government Article, of all testimony and proceedings before a special examiner or the Board of Appeals.
(2) Testimony need not be transcribed unless:
(i) judicial review is initiated; or
(ii) the Board of Appeals orders a transcription.
Witness fees
(e)(1) A witness who is subpoenaed under this subtitle is entitled to compensation at a rate that the Board of Appeals sets.
(2) The compensation of a witness who is subpoenaed on behalf of the Board of Appeals or a claimant shall be considered part of the expense of administering this title.
Prohibition on fees
(f) The Board of Appeals or representative of the Board of Appeals may not charge a claimant a fee in any proceeding under this title.
Notice of decision
(g)(1) The Board of Appeals 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 as Labor and Employment § 8-506 by Acts 1991, c. 8, § 2. Amended by Acts 1993, c. 59, § 1. Renumbered as Labor and Employment § 8-5A-07 by Acts 2008, c. 660, § 1, eff. Oct. 1, 2008. Amended by Acts 2008, c. 660, § 3, eff. Oct. 1, 2008.
Formerly Art. 95A, §§ 7, 8, 16.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2008 Legislation
Acts 2008, c. 660, § 1, renumbered Labor and Employment § 8-506 as Labor and Employment § 8-5A-07.
Acts 2008, c. 660, § 3, in subsecs. (a), (c) and (d), deleted “hearing examiner,” which had been just prior to “special examiner” in seven instances.
MD Code, Labor and Employment, § 8-5A-07, MD LABOR & EMPLY § 8-5A-07
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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