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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3525   View pdf image (33K)
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UNEMPLOYMENT COMPENSATION 3525

Board of Review shall be paid only after such determination; Provided,
that if an appeal tribunal affirms a decision of a deputy allowing benefits,
such benefits shall be paid regardless of any appeal which may thereafter
be taken; provided further, that when an appeal is taken from a determi-
nation of the weekly benefit amount or the duration of benefits, the pay-
ment of benefits pending such appeal shall be made on the basis of such
initial determination.

(c) (Appeals.) Unless such appeal is withdrawn, an appeal tribunal,
after affording the parties reasonable opportunity for fair hearing, shall
affirm or modify the findings of fact and decision of the deputy. The
parties shall be duly notified of such tribunal's decision, together with its
reasons therefor, which shall be deemed to be the final decision of the
Board, unless within ten days after the date of notification or mailing of
such decision, further appeal is initiated pursuant to sub-section (e)
of this section.

(d) (Appeal Tribunals.) To hear and decide disputed claims, the
Board shall establish one or more impartial appeal tribunals consisting
in each case of either a salaried referee or a body consisting of three mem-
bers, one of whom shall be a salaried referee, who shall serve as chairman,
one of whom shall be a representative of employers and the other of whom
shall be a representative of employees; each of the latter two members
shall serve at the pleasure of the Board and be paid a fee of not more than
$10.00 per day of active service on such tribunal plus necessary expenses.
No person shall participate on behalf of the Board in any case in which
he is an interested party. The Board may designate alternates to serve in
the absence or disqualification of any member of an appeal tribunal. The
chairman shall act alone in the absence or disqualification of any other
members and his alternates. In no case shall the hearings proceed unless
the chairman of the appeal tribunal is present.

(e) (Board of Review.) The Board of Review may on its own motion
affirm, modify, or set aside any decision of an appeal tribunal on the basis
of the evidence previously submitted in such case, or direct the taking of
additional evidence, or may permit any of the parties to such decision to
initiate further appeals before it. The Board of Review shall permit such
further appeal by any of the parties interested in a decision of an appeal
tribunal which is not unanimous and by the deputy whose decision has been
overruled or modified by an appeal tribunal. The Board of Review may
remove to itself or transfer to another appeal tribunal the proceedings on
any claim pending before an appeal tribunal. Any proceeding so removed
to the Board of Review shall be heard by a quorum thereof in accordance
with the requirements in Sub-section (c) of this section. The Board of
Review shall promptly notify the interested parties of its findings and
decision.

(f) (Procedure.) The manner in which disputed claims shall be pre-
sented; the reports thereon required from the claimant and from em-
ployers, and the conduct of hearings and appeals shall be in accordance
with rules prescribed by the Board for determining the rights of the par-
ties, whether or not such rules conform to common law or statutory rules
of evidence and other technical rules of procedure. A full and complete
record shall be kept of all proceedings in connection with a disputed claim.
All testimony at any hearing upon a disputed claim shall be recorded, but
need not be transcribed unless the disputed claim is further appealed.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3525   View pdf image (33K)
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