Maryland Code, LABOR AND EMPLOYMENT 8-5A-07
Terms Used In Maryland Code, LABOR AND EMPLOYMENT 8-5A-07
- 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.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.