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2017 Maryland Code
Labor and Employment
Title 8 - Unemployment Insurance
Subtitle 5 - Lower Appeals Division of the Department of Labor, Licensing, and Regulation
§ 8-508. Review by hearing examiner of determination of claims
Universal Citation: MD Lab & Emp Code § 8-508 (2017)
- (a) In general; time for filing; parties. --
- (1) An individual who files a claim for benefits or an employer entitled to notice of a determination or redetermination of the claim may file an appeal with the Lower Appeals Division within 15 days after notice of the determination or redetermination of a claim is mailed to the claimant or employer at the last known address of the claimant or employer or otherwise is delivered.
- (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) Appeal by employer; parties. --
- (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) Duties of hearing examiner. -- Unless an appeal filed under subsection (a) or subsection (b) of this section is withdrawn or removed to the Board of Appeals, a hearing examiner shall: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) Notice of decision. -- 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) Finality of decision. -- 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.
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