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A claimant for
unemployment insurance who has been denied benefits, may file an appeal of that denial to
the Appeals Division. An employer may appeal a determination granting benefits
to a former employee. All appeals must be in writing and submitted by mail
or fax. Appeals cannot be filed by
E-mail. All appeals must be filed within the time period stated on the face of
the determination being appealed.
If an appeal is
filed, a hearing will be held by a Hearing Examiner, who will then
issue a written decision. That decision is appealable by a claimant, an employer
or the Department to the Board of
Appeals.
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Basic
Information for Unemployment -
Insurance Appeal Hearings
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| Record made
at hearing |
| It is
required that a record be established of the hearing and this is accomplished by making an
official recording. (Parties are prohibited from making unofficial recordings.) |
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| Testimony
under oath |
| All
testimony given at appeals hearings must be given under oath or affirmation. Legal
Counsel and other representatives not testifying need not be sworn. |
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| Who
proceeds first |
| In
Lower Appeals cases
involving a termination from employment, the employer testifies first. In cases
involving a resignation from employment, the claimant testifies first. |
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| Cross
examination |
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testimony of each witness has been completed, the opposing party or his/her legal counsel
or representative will be offered the right of cross examination. This procedure
will be allowed until all witnesses for either party (claimant or employer) have testified
and the other side will begin its case following the same format. |
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| Do not
interrupt |
| Even if you
strongly disagree with what a witness says, please do not interrupt or argue with the
witness. You will have the opportunity to ask questions of that witness and to
present your own side of the story. An orderly and systematic hearing is to the
advantage of all parties. This does not preclude formal, legal objections to
testimony/exhibits. |
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| Documentary
evidence |
| In some
cases the parties may wish to present documentary evidence (such as personnel records,
paycheck stubs, medical certificates, etc.). These papers will be accepted as long
as they are relevant to the case. Parties should prepare three copies of any
papers they plan to submit as evidence. Copies cannot be made at hearings. |
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| Written
decision and further appeals |
| Decisions
in appeal cases are written. They are issued after the Hearing Examiner has reviewed
all the evidence, made findings of fact and applied the Unemployment Insurance Law to
those facts. The full written decision is mailed to all interested parties as soon
as possible. There is a right to further appeal which if fully explained on the
first page of the decision. |
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| Further
questions |
| If you have
any further questions about the procedures for appeals hearing, please ask the Hearing
Examiner prior to the start of the hearing. |
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LOWER APPEALS -
Frequently Asked Questions
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| How do I file an appeal from a benefit determination? |
| The appeal must be filed in writing and it must be filed within 15 calendar days from the date the determination was mailed. All appeals must be in writing and submitted by mail or fax. The last date to file an appeal as well as the address to which the appeal should be filed is printed on both monetary and non-monetary determinations. Your signature must be included on the request for appeal. Appeals cannot be filed by e-mail. DO NOT SEND APPEALS OF BENEFIT DETERMINATIONS TO THE BOARD OF APPEALS. |
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| I did not file for unemployment against this employer, why is
there a hearing on this employer? |
| When you
apply for benefits, all separations from employers in your base period year must be
adjudicated. These employers may be responsible for part of your unemployment benefits and
they have a right to appeal your allowance of benefits. |
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| How long before I have my hearing and/or receive a decision? |
| The
Appeals Division decides 60% of their cases within 30-days. A hearing is usually scheduled
approximately two weeks after the receipt of the appeal. |
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| I am not the appellant in this case, do I have to appear? |
| You are
not compelled to appear at this hearing. If you do not appear the hearing will go on
without you. However, it is in your best interest to appear and give testimony as to the
circumstances of the separation. |
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| Can I have a telephone hearing instead of an in-person hearing? |
| COMAR
regulations provide that telephone hearings are allowed in cases where claimants reside at
least 50 miles from an unemployment insurance hearing site. |
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BOARD OF APPEALS -
Frequently Asked Questions
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| How do I file an appeal of a Lower Appeals Hearing
Examiner's decision? |
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An appeal of a Hearing
Examiner's decision MUST be in writing. Appeals can be hand delivered, faxed or mailed to the Board of Appeals at 1100 N. Eutaw Street, Room
515, Baltimore, MD 21201; fax number 410-767-2787.
When mailing your appeal, the letter must be postmarked by the U.S. Postal Service either on or before the last day to appeal.
Appeals
may not be filed by electronic mail (e-mail).
NOTE: An appeal of a NOTICE OF BENEFIT DETERMINATION
(Claims Specialist decision) must be in writing. Appeals should be mailed to the address at the top right hand corner of your Notice of Benefit Determination. For additional information regarding filing an appeal of a Notice of Benefit Determination call your claim center or Lower Appeals.
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| When will my hearing be scheduled? |
| Less
than 10% of the cases appealed to the Board of Appeals have another hearing. The majority
of the Board’s decisions are made based on a review of the record. It is up to the
Board members to determine if there is a need for a further hearing. |
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| How long does it take to receive my decision? |
| It takes
approximately 45 to 75 days from the date of appeal for the Board to either issue a
decision or grant a further hearing. |
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| Who makes the decision in my case? |
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Board of Appeals consists of three Board members. At least two of the three Board members
must agree on each decision. |
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| How can I get a transcript or a copy of the recording of the hearing? |
| The
Board of Appeals does not provide transcripts to the parties. Records
are on computer compatible CD's. If you would like to request a copy of
the recording of the hearing before the hearing examiner or the Board of
Appeals, your request must be directed to
the Board of Appeals in writing. Copies are provided to the parties,
upon written request, at no charge. It takes approximately seven days to process a request
for a copy of the hearing recording. The time period may vary according to
circumstances.
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| How can I get copies of documents in the case file? |
| You must
put your request in writing, indicating specifically what documents you are requesting.
Both claimants and employers should already have copies of their own exhibits, as they are
required to bring copies to the hearing before the hearing examiner. The Board does not
copy the entire file, but will copy appeal letters and decisions. |
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| How can I get my case rushed? |
| The
Board of Appeals does not "rush" cases. In order to be fair to all parties, the
cases are reviewed by the Board members in order according to date of appeal. |
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| Do I still file my bi-weekly continued claims (Telecerts)? |
| Yes,
continue to file your continued claims (Telecerts) while your case is pending before the
Board. |
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| What can I do if I don't agree with the Board's decision? |
| The
Board of Appeals is the last level of appeal within this Department. The next level of appeal
is Circuit Court. You have thirty days to appeal to a Circuit Court in Maryland. Your
appeal rights are printed on the Board’s decision. |
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