Maryland § 8-506

§ 8-506.

    (a)    (1)    A hearing examiner shall conduct a hearing or appeal in a manner that ascertains the substantial rights of the parties.

        (2)    (i)    A hearing examiner is not bound by statutory or common law rules of evidence or technical rules of procedure.

            (ii)    A hearing examiner shall consider evidence offered in accordance with § 10–213 of the State Government Article.

    (b)    (1)    (i)    A hearing examiner may not participate in any proceeding in which the hearing examiner has a direct or indirect interest.

            (ii)    The status of the Secretary as a party to a case may not constitute a direct or indirect interest as to a hearing examiner.

        (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)    (1)    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:

            (i)    the same or substantially similar evidence is relevant and material to the matters at issue; and

            (ii)    in the judgment of the hearing examiner, the consolidation would not be prejudicial to a party.

        (2)    When claims are consolidated under this subsection, the hearing examiner 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 one claim as having been introduced for another claim.

    (d)    (1)    A record shall be kept, in accordance with § 10–218 of the State Government Article, of all testimony and proceedings before a hearing examiner.

        (2)    Testimony shall be transcribed if:

            (i)    judicial review is initiated; or

            (ii)    the hearing examiner or 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 chief hearing examiner sets.

        (2)    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.

    (f)    The Lower Appeals Division may not charge a claimant a fee in any proceeding under this title.

    (g)    (1)    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.

        (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.