Md. Code Regs. 09.32.11.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 09.32.11.01 - Filing of Appeal

A. Manner of Filing.

(1) An appeal from a claims examiner's determination or an appeal of a review determination shall be in writing and signed by the party appealing, or the party's attorney or authorized representative. The appeal may be filed by mail, by facsimile, by hand delivery to the Lower Appeals administrative office at the Lower Appeals Division address listed on the benefit determination or review determination, or by other electronic means in a format approved by the Chief Hearing Examiner.

(2) In the event of an appeal from a determination of a claims examiner involving more than one claimant on the same issue, the appeal may be filed by the individual claimants or by an authorized representative on their behalf. The authorized representative shall submit, together with the appeal, a list containing the names, addresses, and last four digits of the Social Security numbers of the claimants who are parties to the appeal.

B. Time for Filing.

(1) An appeal from a claims examiner's determination shall be filed within 15 calendar days after the determination is mailed or otherwise sent to the last known address of the party.

(2) An appeal from a review determination shall be filed within 30 calendar days after the review determination is mailed or otherwise sent to the last known address of the party.

(3) An appeal is considered filed on the earliest of the following dates:

(a) The date an appeal is delivered in person to the administrative office of the Lower Appeals Division;

(b) The U.S. Postal Service postmark date on which an appeal, properly addressed and stamped, is mailed to the administrative office of the Lower Appeals Division;

(c) The date on the appeal itself when the envelope has an illegible postmark; or

(d) The date an appeal is received by facsimile or other electronic means in a format approved by the Chief Hearing Examiner at the administrative office of the Lower Appeals Division.

(4) The period for filing an appeal from the claims examiner's determination or an appeal of a review determination may be extended by the Hearing Examiner for good cause shown.

Md. Code Regs. 09.32.11.01

Regulations .01 amended effective 45:8 Md. R. 419, eff. 4/23/2018