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Maryland Code, Labor and Employment § 8-5A-07

Current as of December 31, 2021 | Updated by FindLaw Staff

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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Cite this article: FindLaw.com - Maryland Code, Labor and Employment § 8-5A-07 - last updated December 31, 2021 | https://codes.findlaw.com/md/labor-and-employment/md-code-labor-and-emply-sect-8-5a-07/

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