§ 8-5A-10. Review by Board of Appeals

   (a) Time for filing. -- 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.

(b) Decisions of hearing examiner on claims. -- After a hearing examiner makes a final decision under § 8-508 of this title:

   (1) if the hearing examiner does not affirm the determination or redetermination of a claim, 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, the Board of Appeals may allow an appeal by a party entitled to notice of the decision.

(c) Review on motion of Board of Appeals. -- Within the time limit for filing an appeal under subsection (a) of this section, on its own motion the Board of Appeals may initiate a review of the decision of a hearing examiner.

(d) Scope of review. -- On review on its own motion or on appeal, the Board of Appeals may 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) Quorum required. -- A proceeding removed or appealed to the Board of Appeals shall be heard by a quorum.

HISTORY: An. Code 1957, art. 95A, § 7, 8, 15; 1991, ch. 8, § 2; 1998, ch. 499; 2008, ch. 660, § 1, 3.