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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
Currentness
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.
MD Code, Labor and Employment, § 8-5A-07, MD LABOR & EMPLY § 8-5A-07
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