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09.32.06.00.htm 09.32.06.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 06 Board of Appeals ― Appeals Procedure Authority: Labor and Employment Article, §8-101, 8-5A-02, 8-5A-05, 8-5A-10, 8-504, 8-604, and 8-605, Annotated Code of Maryland
09.32.06.01.htm 09.32.06.01. 01 Appeals and Petitions for Review from Lower Appeals to the Board of Appeals.. A. Manner of Filing.. 1) An appeal from a hearing examiner’s decision, or a petition for review to request a discretionary appeal of a hearing examiner’s decision under Labor and Employment Article, §8-5A-10(b)2) Annotated Code of Maryland, shall be in writing and signed by the appealing party or the appealing party’s attorney or authorized representative.2) An appeal or a petitio
09.32.06.02.htm 09.32.06.02. 02 Hearings.. A. Scheduling Authority. The scheduling authority in the case of an appeal or a petition for review pending before the Board of Appeals is the Board of Appeals or its designee.B. Notice of Hearing.. 1) The Board of Appeals shall give interested parties at least 15 business days notice in writing of the time and place of any hearing before the Board of Appeals.2) Notice is sufficient when mailed to the party, postage prepaid, or otherwise delivered to the par
09.32.06.03.htm 09.32.06.03. 03 Withdrawal of Decision by the Board of Appeals.. A. At any time within 10 calendar days of a decision pursuant to Labor and Employment Article, §8-806(h) Annotated Code of Maryland, the Board of Appeals may withdraw its decision by vote of a majority of its members. Notice shall promptly be given to all parties of the withdrawal. Upon withdrawing a decision, the Board of Appeals may issue a revised decision or hold the case for further hearing or argument. The 10-day pe
09.32.06.04.htm 09.32.06.04. 04 Remand to Hearing Examiner.. A. The Board of Appeals may remand a case to a hearing examiner for purposes that it may direct. Cases remanded for a de novo or additional hearing shall be placed upon the calendar for prompt hearing.The hearing examiner to whom a case has been remanded for a new decision without a new hearing shall promptly issue the new decision.B. If a case is remanded for a new hearing, the previous decision of the hearing examiner shall rema
09.32.06.05.htm 09.32.06.05. 05 Precedent Decisions.. Decisions of the Board of Appeals designated as precedent by the Board shall constitute legal precedent for decisions of the hearing examiners.
09.32.06.06.htm 09.32.06.06. 06 Procedure for Hearings on Claims Under Labor and Employment Article, §8-1004, Annotated Code of Maryland.A. A claim involving the application of the provisions of Labor and Employment Article, §8-1004, Annotated Code of Maryland, that is referred to a special examiner by order of the Board of Appeals shall be presented, heard, and decided by the special examiner in the manner prescribed by the provisions of this chapter pertaining to hearings before the Board of Appeals.
09.32.06.07.htm 09.32.06.07. 07 Employer Appeals Arising Under Labor and Employment Article, §8-605(b) Annotated Code of Maryland.A. An employer aggrieved by a decision of the Lower Appeals Division appealable under Labor and Employment Article, §8-605(b) Annotated Code of Maryland, may file an appeal or petition for review within 30 calendar days after Lower Appeals sends the decision to the employer. The provisions of Regulations .01 and .02 of this chapter apply to these appeals.
09.32.06.08.htm 09.32.06.08. 08 Judicial Review.. Within 30 calendar days after the Board of Appeals mails or otherwise delivers its decision to a party, a party aggrieved by the decision may secure judicial review of the decision by appealing the decision in accordance with the provisions of Labor and Employment Article, §8-5A-12, Annotated Code of Maryland, the Maryland Rules of Procedure, and the appropriate rules of court.
09.32.06.09.htm 09.32.06.09. 09 Records and Transcripts.. A. All documents received from a party shall be retained either in paper form or by scanning the document electronically into an electronic case file.In cases where duplicate copies of documents are received by the Board of Appeals, only the first copy of the document received by the Board of Appeals shall be retained in the paper or electronic case file.B. The Board of Appeals shall maintain a record of all testimony and proceedings before the Board of
09.32.06.9999.htm 09.32.06.9999. Administrative History Effective date: February 1, 1973. Regulation .01 amended effective March 30, 1977 (4:7 Md. R. 578) December 30, 1977 (4:27 Md. R. 2105)Regulation .02D amended effective March 30, 1977 (4:7 Md. R. 578). Regulation .06K amended as an emergency provision effective March 24, 1986 (13:8 Md. R. 897) emergency status extended at 13:17 Md. R. 1920; emergency status expired November 30, 1986Regulation .07G amended effective July 28, 1978 (5:15 Md. R. 1187).
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