Aside from a few of these distinctions, the standard of review of an unemployment benefits determination is the same in substance as the standard of review for all final decisions of an administrative agency. As a result, the APA provisions, like that which allows a circuit court to order the agency to take additional evidence when the appellant offers good reasons for not offering the evidence below, do not apply to unemployment insurance appeals. Rather than appearing in the APA, the scope of review of an unemployment insurance determination is found in LE § 8-512. Employers who appeal, however, are charged transcription and photocopying costs.īoard decisions are generally exempt from the Administrative Procedure Act ("APA"), except as specifically provided in the Labor & Employment Article. By statute, the agency may not charge claimants for costs associated with compiling the record. The administrative record is kept in accordance with the requirements of Md. Confined to the record, the circuit court has no jurisdiction to accept additional evidence or make its own findings of fact. In those cases, the circuit court will review the hearing examiner's decision.īoard decisions are reviewed on the administrative record. When the Board declines to review the decision of its hearing examiner, the hearing examiner's decision is considered a decision of the Board. Judicial Review of Unemployment Insurance DeterminationsĪn aggrieved party may appeal a final decision of the Board of Appeals ("Board") of the Department of Labor, Licensing and Regulation to the circuit court. Attorney General's Appendix - Reported Cases - Maryland Unemployment Insurance Law - Maryland Unemployment Decisions Digest - Appeals
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