§ 8-5A-07. Conduct of hearings

   (a) In general. --

   (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) Conflicts of interest. --

   (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) Consolidation of claims. --

   (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) Record of proceedings. --

   (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) Witness fees. --

   (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) Prohibition on fees. -- 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) Notice of decision. --

   (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.

HISTORY: An. Code 1957, art. 95A, § 7, 8, 16; 1991, ch. 8, § 2; 1993, ch. 59, § 1; 2008, ch. 660, § 1, 3.