§ 8-5A-07
508 words·~2 min read·
/md/labor-and-employment/8-5a-07·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§8–5A–07.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.