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Session Laws, 1980
Volume 739, Page 2621   View pdf image
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HARRY HUGHES, Governor

2621

7.

(e) The claimant or any other party entitled to notice
of a determination as herein provided, may file an appeal
from such determination with the Board of Appeals within 15
days after the date of mailing of the notice to his last
known address or if such notice is not mailed, within 15
days after the date of delivery of such notice.

Unless the appeal is withdrawn or is removed to the
Board of Appeals, a referee designated by the Board of
Appeals, after affording the parties reasonable opportunity
for a fair hearing, shall make findings and conclusions and
on the basis thereof affirm, modify, or reverse such
determination; provided, however, that whenever an appeal
involves a question as to whether services were performed by
claimant in employment or for an employer, the referee shall
give special notice of such issue and of the pendency of the
appeal to the employing unit and to the Executive Director,
both of whom shall thenceforth be parties to the proceeding
and be afforded a reasonable opportunity to adduce evidence
bearing on such question.

The parties shall be promptly notified of the referee's
decision and shall be furnished with a copy of the decision
and the findings and conclusions in support thereof and such
decision shall be final unless, within [seven] 15 days after
the date of mailing of notice thereof to the party's last
known address, or in the absence of such mailing, within
[seven] 15 days after the delivery of such notice, further
review is initiated pursuant to subsection (f) of this
section.

(h) 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] COMPETENT, MATERIAL
AND SUBSTANTIAL EVIDENCE IN VIEW OF THE ENTIRE RECORD, 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 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

 

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Session Laws, 1980
Volume 739, Page 2621   View pdf image
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