# Labor and Employment (GLE) ## Title 8. Unemployment Insurance ### Subtitle 5A. Board of Appeals of Maryland Department of Labor #### Section 8-5A-01 There is a Board of Appeals in the Department. #### Section 8-5A-02 (a) (1) The Board of Appeals consists of a chairman and 2 associate members. (2) Subject to the approval of the Governor, the Secretary shall appoint the chairman and the 2 associate members of the Board of Appeals. (b) Before taking office, each appointee to the Board of Appeals shall take the oath required by Article I, Sec. 9 of the Maryland Constitution. (c) (1) The term of a member is 6 years and begins on June 1. (2) The terms of members are staggered as required by the terms provided for members of the Board of Appeals on October 1, 1990. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A vacancy that occurs during a term shall be filled by the Secretary with the approval of the Governor. (5) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (6) If the position of chairman of the Board of Appeals is vacant, the Secretary, subject to the approval of the Governor, may appoint 1 of the associate members to be chairman for the rest of the term of the associate member. #### Section 8-5A-03 (a) Two members of the Board of Appeals shall constitute a quorum. A vacancy does not impair the right of the remaining members to exercise the powers of the Board of Appeals under this title. (b) Each member of the Board of Appeals is entitled to the salary provided in the State budget. (c) (1) Subject to the approval of the Board of Appeals, the Secretary shall appoint the number of personnel that the Board of Appeals needs for effective and proper performance of the appeals procedures under this subtitle. (2) The Secretary shall have administrative authority over all personnel. (d) The Secretary shall provide the Board of Appeals with the offices, equipment, services, and supplies necessary for its operation. #### Section 8-5A-04 The Board shall hear and decide appeals from the decisions of the Lower Appeals Division and claims for benefits referred by the Secretary under Sec. 8-5A-09 of this subtitle. #### Section 8-5A-05 (a) Except as provided in subsection (b) of this section, the Board of Appeals shall adopt reasonable regulations, in accordance with Sec. 10-206 of the State Government Article, to govern appeals and hearings under this subtitle. (b) Section 10-206(e) of the State Government Article does not apply to regulations adopted under this section. #### Section 8-5A-06 (a) To enforce this title, a member of the Board of Appeals or a designee of a member may: (1) administer an oath; (2) certify to an official act; and (3) take a deposition. (b) (1) To enforce this title, the Board of Appeals or a designee of the Board of Appeals may issue a subpoena for the attendance of a witness to testify or the production of books, correspondence, memoranda, papers, and other records. (2) A subpoena issued under this subsection shall be served in any manner in which court subpoenas are authorized to be served. (3) If a person fails to comply with a subpoena issued under this subsection, on a complaint filed by the Board of Appeals or an authorized representative of the Board of Appeals, 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. (4) (i) A person may not be excused from attending a proceeding and testifying or producing books, correspondence, memoranda, papers, and other records before the Board of Appeals or an authorized representative of the Board of Appeals 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. (ii) 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. (iii) A person may be prosecuted and punished for perjury committed in testifying. #### Section 8-5A-07 (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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 10-221 of the State Government Article. #### Section 8-5A-08 (a) In a proceeding before a special examiner or the Board of Appeals, a claimant may be represented by a lawyer or another agent authorized by the claimant. (b) An agent may not charge or accept compensation for representing a claimant in a proceeding before a special examiner or the Board of Appeals except that a lawyer may charge and accept compensation in an amount not greater than that approved by the Board of Appeals. (c) In a proceeding before a special examiner or the Board of Appeals, an employer may appear for itself or be represented by a lawyer or another agent authorized by the employer. (d) 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 special examiner or the Board of Appeals. #### Section 8-5A-09 (a) The Secretary shall refer a claim for benefits to the Board of Appeals if the determination of the claim involves: (1) a disqualification that is based on a stoppage of work because of a labor dispute; (2) multiple claims; or (3) a difficult issue of fact or law. (b) The Board of Appeals: (1) promptly shall hear and decide a claim that the Secretary refers under this section; and (2) may designate a special examiner to hear and decide the claim. #### Section 8-5A-10 (a) (1) In a case involving a determination or a redetermination of a claim, a party who wishes to file an appeal with the Board of Appeals shall do so within 15 days after notice of the decision of a hearing examiner was mailed to the party at the last known address of the party or otherwise was delivered to the party. (2) In a case involving a determination under Subtitle 6 of this title for which a review determination was issued, an employer that wishes to file an appeal with the Board of Appeals shall do so within 30 days after notice of the decision of a hearing examiner was sent to the employer. (b) After a hearing examiner makes a final decision under Sec. 8-508 of this title: (1) if the hearing examiner does not affirm the determination or redetermination of a claim or the review determination decision, the Board of Appeals shall allow an appeal by either the Secretary, or a party entitled to notice of the decision, or both; and (2) if the hearing examiner affirms the determination or redetermination of a claim or the review determination decision, the Board of Appeals may allow an appeal by a party entitled to notice of the decision. (c) (1) Within the time limit for filing an appeal under subsection (a)(1) of this section, on its own motion the Board of Appeals may initiate a review of the decision of a hearing examiner in a case involving a determination or a redetermination of a claim. (2) Within the time limit for filing an appeal under subsection (a)(2) of this section, on its own motion the Board of Appeals may initiate review of the decision of a hearing examiner in a case involving a review determination decision. (d) On review on its own motion or on appeal, the Board of Appeals may remand, affirm, modify, or reverse the findings of fact or conclusions of law of the hearing examiner on the basis of: (1) evidence submitted to the hearing examiner; or (2) evidence that the Board of Appeals may direct to be taken. (e) A proceeding removed or appealed to the Board of Appeals shall be heard by a quorum. #### Section 8-5A-11 A decision of the Board of Appeals 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 Board of Appeals, subject to judicial review under Sec. 8-5A-12 of this subtitle. #### Section 8-5A-12 (a) (1) A final decision of the Board of Appeals may be appealed to a circuit court by any party aggrieved by the decision, the Secretary, or both. (2) In addition to standing authorized under paragraph (1) of this subsection, the Secretary may appeal on behalf of the federal government any decision of the Board of Appeals in which the Secretary is an agent of the federal government and responsible for the administration of a federal unemployment compensation program. (3) The Board of Appeals may be a party to an appeal under this section and may be represented by the Attorney General or by any qualified lawyer who is a regular salaried employee of the Board of Appeals and who has been designated by it for that purpose on recommendation of the Attorney General. (4) A court or an officer of a court may not charge an individual who claims benefits a fee in any proceeding under this title. (b) An employer that is aggrieved by a final decision under Sec. 8-602 or Sec. 8-629 or Sec. 8-638 of this title may appeal to the circuit court for Baltimore City or for a county where the employer does business. (c) The Board of Appeals may certify to a circuit court a question of law that is involved in a decision by the Board of Appeals. (d) In a judicial proceeding under this section, findings of fact of the Board of Appeals are conclusive and the jurisdiction of the court is confined to questions of law if: (1) findings of fact are supported by evidence that is competent, material, and substantial in view of the entire record; and (2) there is no fraud. (e) (1) A circuit court shall give priority to an appeal or a certified question of law under this section over all other civil cases except cases under the Workers' Compensation Law of the State. (2) A circuit court shall hear an appeal or a certified question of law under this section in a summary manner. (f) In a judicial proceeding under this section, a circuit court may not require a person to: (1) enter an exception to a ruling of the Board of Appeals; or (2) post a bond for entering an appeal. (g) A party may appeal from a decision of a circuit court to the Appellate Court of Maryland in the same manner as provided for in civil cases, consistent with this title. --- Md. Code Ann., Lab. & Empl. (as displayed at mgaleg.maryland.gov, October 16, 2026)