Maryland Code, LABOR AND EMPLOYMENT 8-5A-12
Terms Used In Maryland Code, LABOR AND EMPLOYMENT 8-5A-12
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- County: means a county of the State or Baltimore City. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(2) In addition to standing authorized under paragraph (1) of this subsection, the Secretary may appeal on behalf of the federal government any decision of the Board of Appeals in which the Secretary is an agent of the federal government and responsible for the administration of a federal unemployment compensation program.
(3) The Board of Appeals may be a party to an appeal under this section and may be represented by the Attorney General or by any qualified lawyer who is a regular salaried employee of the Board of Appeals and who has been designated by it for that purpose on recommendation of the Attorney General.
(4) A court or an officer of a court may not charge an individual who claims benefits a fee in any proceeding under this title.
(b) An employer that is aggrieved by a final decision under § 8-602 or § 8-629 or § 8-638 of this title may appeal to the circuit court for Baltimore City or for a county where the employer does business.
(c) The Board of Appeals may certify to a circuit court a question of law that is involved in a decision by the Board of Appeals.
(d) In a judicial proceeding under this section, findings of fact of the Board of Appeals are conclusive and the jurisdiction of the court is confined to questions of law if:
(1) findings of fact are supported by evidence that is competent, material, and substantial in view of the entire record; and
(2) there is no fraud.
(e) (1) A circuit court shall give priority to an appeal or a certified question of law under this section over all other civil cases except cases under the Workers’ Compensation Law of the State.
(2) A circuit court shall hear an appeal or a certified question of law under this section in a summary manner.
(f) In a judicial proceeding under this section, a circuit court may not require a person to:
(1) enter an exception to a ruling of the Board of Appeals; or
(2) post a bond for entering an appeal.
(g) A party may appeal from a decision of a circuit court to the Court of Special Appeals in the same manner as provided for in civil cases, consistent with this title.