There is a Lower Appeals Division in the Department.

The Secretary shall appoint a chief hearing examiner as head of the Lower Appeals Division. The chief hearing examiner shall be in the professional service in accordance with § 6–402 of the State Personnel and Pensions Article. Subject to the approval of the Secretary, the chief hearing examiner shall appoint the number of hearing examiners and other personnel needed for the effective performance of the Lower Appeals Division. The Secretary shall have administrative authority over all personnel.

The Lower Appeals Division shall hear and decide appeals from: the determinations of the claims examiners; and review determination decisions.

The Secretary, with the advice of the chief hearing examiner, shall adopt regulations, in accordance with § 10–206 of the State Government Article, to govern appeals and hearings before the hearing examiners.

To enforce this subtitle, a hearing examiner may: administer an oath; certify to an official act; and take a deposition. To enforce this subtitle, a hearing examiner may issue a subpoena for the attendance of a witness to testify or for the production of books, correspondence, memoranda, papers, and other records. A subpoena issued under this subsection shall be served in any manner in which court subpoenas are authorized to be served. If a person fails to comply with a subpoena issued under this subsection, on a complaint filed by the chief hearing examiner or an authorized representative of the chief hearing examiner, the circuit court for the county where the investigation or hearing is conducted or the person is present, resides, or transacts business may pass an order directing compliance with the subpoena or compelling testimony. A person may not be excused from attending a proceeding and testifying or producing books, correspondence, memoranda, papers, and other records before a hearing examiner in obedience to a subpoena issued under this section on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. After having claimed the privilege of the person against self–incrimination, a person may not be prosecuted or subjected to any penalty or forfeiture because of any transaction, matter, or thing about which the person is compelled to testify or produce evidence. A person may be prosecuted and punished for perjury committed in testifying.

A hearing examiner shall conduct a hearing or appeal in a manner that ascertains the substantial rights of the parties. A hearing examiner is not bound by statutory or common law rules of evidence or technical rules of procedure. A hearing examiner shall consider evidence offered in accordance with § 10–213 of the State Government Article. A hearing examiner may not participate in any proceeding in which the hearing examiner has a direct or indirect interest. The status of the Secretary as a party to a case may not constitute a direct or indirect interest as to a hearing examiner. Except as provided in subparagraph (ii) of this paragraph, ex parte communications are subject to § 10–219 of the State Government Article. Section 10–219(d) of the State Government Article does not apply to ex parte communications under this subtitle. 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: the same or substantially similar evidence is relevant and material to the matters at issue; and in the judgment of the hearing examiner, the consolidation would not be prejudicial to a party. When claims are consolidated under this subsection, the hearing examiner may: set the same time and place for considering each claim; conduct joint hearings; make a single record of the proceedings; and consider evidence that is introduced in a proceeding for one claim as having been introduced for another claim. A record shall be kept, in accordance with § 10–218 of the State Government Article, of all testimony and proceedings before a hearing examiner. Testimony shall be transcribed if: judicial review is initiated; or the hearing examiner or the Board of Appeals orders a transcription. A witness who is subpoenaed under this subtitle is entitled to compensation at a rate that the chief hearing examiner sets. 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. The Lower Appeals Division may not charge a claimant a fee in any proceeding under this title. 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. The notice shall: include the findings of fact and conclusions of law that support the decision; be accompanied by any order necessary to give effect to the decision; and conform to the requirements of § 10–221 of the State Government Article.

In a proceeding before a hearing examiner, a claimant may be represented by a lawyer or another agent authorized by the claimant. A lawyer representing a claimant may charge and accept compensation in an amount not greater than that approved by the chief hearing examiner. Except as provided in subsection (b) of this section, an agent may not charge or accept compensation for representing a claimant in a proceeding before a hearing examiner. In a proceeding before a hearing examiner, an employer may appear pro se or be represented by a lawyer or another agent authorized by the employer. A person may not solicit, for that person or another person, the business of appearing on behalf of a claimant in a proceeding before a hearing examiner.

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. 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. 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. The Secretary shall be a party to an appeal filed under paragraph (1) of this subsection. Unless an appeal filed under subsection (a) or (b) of this section is withdrawn or removed to the Board of Appeals, a hearing examiner shall: 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; 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 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. The hearing examiner promptly shall give each party: notice of the decision of the hearing examiner in accordance with § 10–221 of the State Government Article; and a copy of the decision and the findings of fact and conclusions of law that support the 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.