2013 Maryland Code
LABOR AND EMPLOYMENT
§ 8-506 - Conduct of hearings

§8-506.

(a) (1) A hearing examiner shall conduct a hearing or appeal in a manner that ascertains the substantial rights of the parties.

(2) (i) A hearing examiner is not bound by statutory or common law rules of evidence or technical rules of procedure.

(ii) A hearing examiner shall consider evidence offered in accordance with § 10-213 of the State Government Article.

(b) (1) (i) A hearing examiner may not participate in any proceeding in which the hearing examiner has a direct or indirect interest.

(ii) The status of the Secretary as a party to a case may not constitute a direct or indirect interest as to a hearing examiner.

(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 hearing examiner may consolidate claims by more than one 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 hearing examiner, the consolidation would not be prejudicial to a party.

(2) When claims are consolidated under this subsection, the hearing examiner 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 one 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 hearing examiner.

(2) Testimony shall be transcribed if:

(i) judicial review is initiated; or

(ii) the hearing examiner or 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 chief hearing examiner sets.

(2) The compensation of a witness who is subpoenaed on behalf of the Lower Appeals Division or a claimant shall be considered part of the expense of administering this title.

(f) The Lower Appeals Division may not charge a claimant a fee in any proceeding under this title.

(g) (1) A hearing examiner 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.