8-509.

(a)     An individual who files a claim for benefits or an employer entitled to notice
of a determination or redetermination of the claim may file an appeal with the Board of
Appeals within 15 days after notice of the determination or redetermination is mailed to
the claimant or employer at the last known address of the claimant or employer or
otherwise is delivered.

(b)     (1) Unless an appeal filed under subsection (a) of this section is withdrawn
or removed to the Board of Appeals, a hearing examiner designated by the Board of
Appeals shall:

(i) give the parties a reasonable opportunity for a fair hearing IN
ACCORDANCE WITH THE NOTICE PROVISIONS IN §§ 10-207 AND 10-208 OF THE STATE
GOVERNMENT ARTICLE, EXCEPT THAT THE NOTICE IS NOT SUBJECT TO § 10-208(B)(4)
AND (7) OF THE STATE GOVERNMENT ARTICLE;

(ii) make findings of fact and conclusions of law, BASED ON A
PREPONDERANCE OF EVIDENCE, IN ACCORDANCE WITH § 10-217 OF THE STATE
GOVERNMENT ARTICLE; and

(iii) on the basis of the findings of fact and conclusions of law, affirm,
modify, or reverse a determination or redetermination.

(2) The Board of Appeals may transfer an appeal from 1 hearing examiner
to another or remove an appeal to itself.

(c)     The hearing examiner promptly shall give each party:

(1)     notice of the decision of the hearing examiner IN ACCORDANCE WITH §
10-221 OF THE STATE GOVERNMENT ARTICLE; and

(2)     a copy of the decision and the findings of fact and conclusions of law
that support the decision.

(d)     The decision of the hearing examiner is final unless further review is initiated
under § 8-510 of this subtitle.

8-806.

(a)     (1) Except as provided in subsection (b) of this section a claims examiner
promptly shall make a determination on a claim filed under § 8-805(a) of this subtitle.

(2) Whenever a determination involves resolution of a dispute of material
fact, a claims examiner shall:

(i) conduct a predetermination proceeding; and               

(ii) give each party notice of the time and place of the proceeding.

(b)     (1) A claim shall be referred to the Board of Appeals if determination of the
claim involves:                                                                        

- 1050 -

1993 LAWS OF MARYLAND

Ch. 59