2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 5A - Board of Appeals of Maryland Department of Labor › Section 8-5A-07 - Conduct of Hearings

(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 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 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.