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Session Laws, 1976
Volume 734, Page 1259   View pdf image
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MARVIN MANDEL, Governor                             1259

Article 95A — Unemployment Insurance Law

7.

(a) Any party aggrieved by a decision of the Board
of Appeals may secure judicial review thereof by appeal
to the circuit court of the county or the Superior Court
of Baltimore City, as the case may be. The Board of
Appeals may in its discretion, certify to such court
questions of law involved in any decision by it. In any
judicial proceeding under this section, the findings of
the Board of Appeals as to the facts, if supported by
evidence and in the absence of fraud, shall be
conclusive, and the jurisdiction of said court shall be
confined to questions of law. Such actions, and the
questions so certified, shall be heard in a summary
manner and shall be given precedence over all other civil
cases except cases arising under the Workmen's
Compensation Law of this State. An appeal may be taken
from the decision of the circuit court of the county, or
the Superior Court of Baltimore City, to the Court of
SPECIAL Appeals [of Maryland] in the same manner, but not
inconsistent with the provisions of this article, as is
provided in civil cases. It shall not be necessary, in
any judicial proceeding under this section, to enter
exceptions to the rulings of the Board of Appeals and no
bond shall be required for entering such appeal. Upon
the final determination of such judicial proceeding, the
Board of Appeals shall enter an order in accordance with
such determination. The Board of Appeals may be a party
to any judicial action involving any such decision, and
may be represented in any such judicial action by the
Attorney General or by any qualified attorney who is a
regular salaried employee of the Board of Appeals, and
has been designated by it for that purpose, upon the
recommendation of the Attorney General.

15.

(c) Any aggrieved employer may secure a judicial
review of the action of the Board of Appeals under
subsection (a) or (b) of this section or § 8(d) of this
article by appeal to the Superior Court of Baltimore
City, or to the circuit court of the county in which the
employer does business, as the case may be. The Board
of Appeals may be a party to such appeal. In any
judicial proceeding under this section, the findings of
the Board of Appeals as to the fact, if supported by
evidence and in the absence of fraud, shall be conclusive
and the jurisdiction of said court shall be confined to
questions of law. An appeal may be taken to the Court
of SPECIAL Appeals [of Maryland] in the same manner, but
not inconsistent with the provisions of this article, as
is provided in civil cases. It shall not be necessary,
in any judicial proceeding under this section, to enter
exceptions to the rulings of the Board of Appeals. In
the event a final judgment is rendered in favor of such
employer the Executive Director shall refund to such

 

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Session Laws, 1976
Volume 734, Page 1259   View pdf image
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