Md. Code Regs. 09.32.06.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 09.32.06.01 - Appeals and Petitions for Review from Lower Appeals to the Board of Appeals

A. Manner of Filing.

(1) An appeal from a hearing examiner's decision, or a petition for review to request a discretionary appeal of a hearing examiner's decision under Labor and Employment Article, § 8-5A-10(b)(2), Annotated Code of Maryland, shall be in writing and signed by the appealing party or the appealing party's attorney or authorized representative.

(2) An appeal or a petition for review may be filed only by mail, facsimile, hand delivery to the administrative office of the Board of Appeals as listed on the hearing examiner decision, or other method of transmission established by the Board of Appeals. The appeal may not be filed by electronic mail.

(3) When filed by an attorney or authorized representative, an appeal from or petition for review of a hearing examiner's decision shall be accompanied by a certification that a copy of the appeal or petition for review and all accompanying papers were mailed, or otherwise delivered in accordance with the format and procedures established by the Board of Appeals, to all other parties in the case. Failure to include the certification does not affect a determination as to the timeliness of the appeal. Failure to include the certification may result in a dismissal of the appeal or petition for review.

(4) In the event of an appeal or a petition for review from a hearing examiner's decision involving more than one claimant on the same issue, the appeal or petition for review may be filed by the individual claimants or by an attorney or authorized representative on the claimants' behalf. The attorney or authorized representative shall submit, together with the appeal or petition for review, a list containing the names, addresses, appeal numbers, and the last four digits of the Social Security numbers of the claimants who are parties to the appeal or petition for review.

(5) In the event of an appeal or petition for review from a hearing examiner's decision involving a review determination issued under the Labor and Employment Article, Title 8, Subtitle 6, Annotated Code of Maryland, the employer, or the employer's attorney or authorized representative, shall include the name of the employer, the employer's address, employer account number, if any, the review determination number and a copy of the hearing examiner's decision.

B. Time for Filing.

(1) Under Labor and Employment Article, § 8-5A-10(a)(1), Annotated Code of Maryland, an appeal or petition for review from a hearing examiner's decision involving a determination or redetermination of a claim shall be filed by a party within 15 calendar days after Lower Appeals sends a decision to the last known address of the party.

(2) Under Labor and Employment Article, § 8-5A-10(a)(2), Annotated Code of Maryland, an appeal from a hearing examiner's decision involving a review determination shall be filed by an employer within 30 calendar days after Lower Appeals sends the hearing examiner's decision to the employer at the employer's last known address.

(3) The period for filing an appeal or a petition for review may not be extended by the Board of Appeals.

(4) An appeal or petition for review is considered filed on the earliest of the following dates:

(a) The date an appeal or petition for review is delivered in person to the administrative office of the Board of Appeals;

(b) The U.S. Postal Service postmarked date on which an appeal or petition for review, properly addressed and stamped, is mailed to the administrative office of the Board of Appeals;

(c) The date on the appeal or petition for review itself when the envelope has an illegible postmark;

(d) The date an appeal or petition for review is received by facsimile transmission at the administrative office of the Board of Appeals; or

(e) The date an appeal is otherwise filed in accordance with the format and procedures established by the Board of Appeals.

C. Denial of Petition for Review. The Board of Appeals may deny a petition for review filed pursuant to Labor and Employment Article, § 8-5 A-10(b)(2), Annotated Code of Maryland, if it agrees with the hearing examiner's decision.

Md. Code Regs. 09.32.06.01

Regulation .01 amended effective March 30, 1977 (4:7 Md. R. 578); December 30, 1977 (4:27 Md. R. 2105)
Regulations .01 adopted effective December 1, 1986 (13:24 Md. R. 2562)
Regulation .01 amended effective April 5, 1999 (26:7 Md. R. 542)
Regulations .01 adopted effective December 13, 2010 (37:25 Md. R. 1737); amended and recodified from .02 effective 45:14 Md. R. 695, eff. 7/16/2018