How to Prepare for and Participate in an Appeal - Lower Appeals
How should I prepare for my appeal?
Each party should arrange for all necessary witnesses to attend the hearing, and for all necessary documents to be available at the hearing.
Will the hearing examiner already have a copy of any documents that I previously submitted to the agency?
Your appeals hearing is a TOTALLY SEPARATE procedure from the one used by the agency to initially determine a claimant's eligibility for benefits. Similarly, anything that was attached to the appeal request is also NOT CONSIDERED AS EVIDENCE. Because this is the case, it is unlikely that the hearing examiner will have a copy of or will have reviewed any documents that were previously submitted to the agency by either party. The obligation is therefore on the parties to submit (or RESUBMIT) any documents DIRECTLY TO THE APPEALS DIVISION that they wish the hearing examiner to consider at the hearing in accordance with the instructions in the next paragraph.
How can I present my documents to the hearing examiner?
If a party has documents to present into evidence, it is the responsibility of that party to provide copies of those documents to both the Appeals Division AND TO THE OTHER PARTY at least five (5) working days before the hearing. As with the appeal letter, the Appeals Division accepts documentary submissions in person, by mail and by fax (but NOT by e-mail).
What should I do if my hearing concerns my medical condition?
If your disqualification in any way concerns your medical condition (for example, because the agency determined that you are not "able to and available for work," or because you quit your job due to a medical condition, or because you were discharged because of a medical condition), please be sure to have your doctor complete a MEDICAL FORM *BEFORE* the hearing, so that you can present it into evidence at the hearing. (Remember, like any other document, you have to send a copy to the other party and to the Appeals Division at least five (5) working days before the hearing.) Here is an acceptable MEDICAL FORM.
Am I allowed to include witnesses in the hearing?
If a party has witnesses to participate in the hearing, it is the responsibility of that party to provide each of those witnesses with the time, date, phone number and conference code for the hearing (all of this information will appear on the hearing notice).
How do subpoenas work?
If witnesses will not appear or documents will not be produced voluntarily, you may request a subpoena from the Appeals Division. This request must be in writing and must be received by the Appeals Division at least five (5) working days before the hearing date.
For subpoenaed persons, the request must also:
- give the name of any person to be subpoenaed,
- the reason that the person’s testimony is necessary, and
- the address to which the subpoena is to be delivered.
For subpoenaed records, the request must include:
- a specific description of the documents,
- the reason that the documents are necessary,
- the name of the custodian of the documents, and
- the address to which the subpoena should be delivered.
NOTE: WE CAN ONLY ISSUE SUBPOENAS FOR ADDRESSES IN THE STATE OF MARYLAND.
How do I participate in my telephonic appeal?
The hearing notice that the parties will receive will inform them of:
- the time and date of the hearing (unless otherwise specified, all times are in Eastern Time),
- a phone number that the party will need to call at that time and date, and
- a 10-digit conference bridge number that the party will need to enter when prompted to do so. It is important that all parties and witnesses call into their telephonic hearing in a timely manner, otherwise important rights may be forever lost.
Do I have to participate in this hearing?
If the appealing party (the “appellant”) fails to appear within ten minutes of the scheduled hearing time, the hearing examiner may dismiss the appeal. If the non-appealing party (the “appellee”) does not appear, but the appellant does, the hearing will go forward. The failure of a party to appear at the telephonic hearing could affect the claimant’s right to collect benefits and/or the employer’s unemployment tax rate. NOTE: If you do not attend the hearing, there is no guarantee that the hearing examiner will see, read or review any documents that you sent to the Appeals Division. The only way to ensure that your side of the case is presented is to appear at the hearing.
Maryland Department of Labor
Lower Appeals Division
1100 North Eutaw Street, Room 511
Baltimore, Maryland 21201
Fax: 410-225-9781 or 410-767-2532