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09.32.11 - Unemployment Insurance - Final Regulations

FRIDAY, APRIL 14, 2017


09.32.11 Lower Appeals Division — Appeals Procedure

Labor and Employment Article, §8-504, Annotated Code of Maryland

Notice of Final Action

On March 30, 2017, the Secretary of Labor, Licensing, and Regulation adopted amendments to Regulation .02 under COMAR 09.32.11 Lower Appeals Division — Appeals Procedure. This action, which was proposed for adoption in 44:3 Md. R. 201 (February 3, 2017), has been adopted as proposed.

Effective Date: April 24, 2017.

Secretary of Labor, Licensing, and Regulation

.02 Hearings Before the Hearing Examiner.
  A. — H. (text unchanged)
  I. Evidence.
    (1) — (2) (text unchanged)
    (3) Agency Record. For purposes of an appeal from a claims examiner’s determination, the official Agency record shall consist of the appeal letter and envelope or other evidence showing its manner of submission, and the Agency Fact Finding Report. Upon request of a party to an appeal for information from other records of the Department, the Hearing Examiner shall forward the request to the Secretary so that information that may be relevant and pertinent and that is not by definition a part of the Agency record, may be furnished by the Secretary. Upon request, any party shall be furnished with any information contained in the official Agency record, or other Agency documents in the custody of the Secretary that may be pertinent or material to the case. Requests for this information shall be made at least 3 business days before the hearing and shall state, as nearly as possible, the nature of the information desired. Requests made after this time will be granted only at the discretion of the scheduling authority. The records of the Department of Labor, Licensing, and Regulation shall be deemed self-authenticating for purposes of admission under the Rules of Evidence. The Hearing Examiner shall admit the Agency record, including the Agency Fact-Finding Report, into evidence at the hearing, without the need for an Agency representative to appear at the hearing to authenticate or introduce it. The Hearing Examiner shall consider the Agency record when making a final decision, giving weight to the Agency Fact-Finding Report that the Hearing Examiner deems appropriate.
    (4) (text unchanged)
  J. — S. (text unchanged)