Maryland Code, LABOR AND EMPLOYMENT 8-508
Terms Used In Maryland Code, LABOR AND EMPLOYMENT 8-508
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(2) The Secretary, at the Secretary’s discretion, may be a party to an appeal filed by a claimant or employing unit with the Lower Appeals Division under paragraph (1) of this subsection.
(b) (1) An employer may file an appeal of a review determination decision with the Lower Appeals Division within 30 days after the notice of the review determination decision is sent to the employer at the last known address of the employer.
(2) The Secretary shall be a party to an appeal filed under paragraph (1) of this subsection.
(c) Unless an appeal filed under subsection (a) or subsection (b) of this section is withdrawn or removed to the Board of Appeals, a hearing examiner shall:
(1) give the parties a reasonable opportunity for a fair hearing in accordance with the notice provisions in §§ 10-207 and 10-208 of the State Government Article, except that the notice is not subject to § 10-208(b)(4) and (7) of the State Government Article;
(2) make findings of fact and conclusions of law, based on a preponderance of evidence, in accordance with § 10-217 of the State Government Article; and
(3) on the basis of the findings of fact and conclusions of law, affirm, modify, or reverse a determination or redetermination of a claim or a review determination decision.
(d) The hearing examiner promptly shall give each party:
(1) notice of the decision of the hearing examiner in accordance with § 10-221 of the State Government Article; and
(2) a copy of the decision and the findings of fact and conclusions of law that support the decision.
(e) The decision of the hearing examiner is final after 10 days after notice of the decision has been mailed or otherwise delivered to the individual or employer that filed the appeal with the Lower Appeals Division, unless further review is initiated under § 8-5A-10 of this title.