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§ 8-5a-07 — Maryland Law | CourtGPT
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  5. Title 8 - Unemployment Insurance/
  6. Subtitle 5a - Board of Appeals of Maryland Department of Labor/
  7. § 8-5a-07
Maryland Legal Code

§ 8-5a-07

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(a) (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. (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

eeks 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

o 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.