An Act To Allow for Immediate Unemployment Fact-finding Interviews for Able and Availability Issues
Maine Legislature, Session 121, LD 1453
Committee: Labor
Sponsors: EDMONDS, BOWLES, SMITH, TREADWELL
Amends: 26 MRSA §1194

Legislative Document 
No. 1453 
S.P.485 
In Senate, March 27, 2003 
An Act To Allow for Immediate Unemployment Fact-finding 
Interviews for Able and Availability Issues 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator EDMONDS of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: BOWLES of Sanford, SMITH of Van Buren, TREADWELL 
of Carmel. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §1194, sub-§2, as amended by PL 1999, c. 464, 
§8, is further amended to read: 
2. 
Determination. 
A 
representative 
designated 
by 
the 
commissioner, and in this chapter referred to as a deputy, shall 
promptly examine the first claim filed by a claimant in each 
benefit year and shall determine the weekly benefit amount and 
maximum benefit amount potentially payable to the claimant during 
that benefit year in accordance with section 1192, subsection 5. 
The deputy shall promptly examine all subsequent claims filed 
and, on the basis of facts, shall determine whether or not that 
claim is valid with respect to sections 1192 and 1193, other than 
section 1192, subsection 5, or shall refer that claim or any 
question 
involved 
~aeFeiR in the 
claim 
to 
the 
Division 
of 
Administrative Hearings or to the commission, which shall make a 
determination with respect 
~aeFe~9 to the claim in accordance 
with the procedure described in subsection 3, except that in any 
case in which the payment or denial of benefits will--ae is 
subject to section 1193, subsection 4, the deputy shall promptly 
transmit a report with respect to that subsection to the Director 
of Unemployment Compensation upon the basis of which the director 
shall notify appropriate deputies as to the applicability of that 
subsection. 
The 
deputy shall determine ln accordance with section 1221, 
subsection 
3, 
paragraph 
A, 
the 
proper 
employer's 
experience 
rating record, if any, against which benefits of an eligible 
individual saall ~ 
be charged, if and when paid. 
The deputy shall promptly notify the claimant and any other 
interested party of the determinations and reasons F-aeFeteF for 
the 
determinations. 
Subject 
to 
subsection 
11, 
unless 
the 
claimant or any such interested party, within 15 calendar days 
after that notification was mailed to ais the claimant's last 
known address, files an appeal 
from that determination, 
that 
determination saall--ae II final, pF9viaea except that the period 
within which an appeal may be filed may be extended, for a period 
not to exceed an additional 15 calendar days, for good cause 
shown. 
If new evidence or pertinent facts that would alter that 
determination become known to the deputy prior to th.e date that 
determination becomes final, a redetermination is authorized, but 
that 
redetermination 
must 
be 
mailed 
before 
the 
original 
determination becomes final. 
If 
an 
employer's 
separation report 
for 
an 
employee 
is 
not 
received by the office specified ~aeFeeR on the separation report 
within 10 days after that report was requested, the claim saall 
must be adjudicated on the basis of information at hand. 
If the 
employer's separation report containing possible disqualifying 
information is received after the 10-day period and the claimant 
is denied benefits by a revised deputy's decision, benefits paid 
prior to the date of the revised decision sRall QQ not constitute 
an overpayment of benefits. 
Any benefits paid after the date of 
the revised decision sRall constitute an overpayment. 
If an employer files an amended separation report or otherwise 
raises a new issue as to the employee's eligibility or changes 
the wages 
or 
weeks 
used in determining benefits wRieR 
that 
resul ts in a denial of benefits or a reduction of the weekly 
benefit 
amount, 
the 
benefits 
paid 
prior 
to 
the 
date 
the 
determination is mailed sRall do not constitute an overpayment. 
Any benefits received after that date to which the claimant is 
not entitled pursuant to a new determination based on that new 
employer information sRall constitute an overpayment. 
If, during the period a 
claimant is receiving benefits, 
new 
information or 
a 
new 
issue arises concerning the claimant's 
eligibility for benefits or which affects the claimant's weekly 
benefit 
amount, 
ae 
benefits 
may 
not 
be 
withheld 
until 
a 
determination is made on the issue. 
Before a determination is 
made, written notice shall be mailed to the claimant and other 
interested parties, which sRall must include the issue to be 
decided, the law upon which it is based, any factual allegations 
known to the bureau, the right to a fact-finding interview, the 
date and location of the sCheduled interview and the conduct of 
the interview and appeal. 
The fact-finding interview sRall must 
be scheduled not less than 5 days nor more than 14 days after the 
notice is mailed. 
The bureau shall include in the notice a 
statement notifying the claimant that any benefits paid prior to 
the determination may be an overpayment under applicable law and 
recoverable by the bureau if it is later determined that the 
claimant was not entitled to the benefits. 
If the claimant does 
not appear for the scheduled interview, the deputy shall make a 
determination on the basis of available evidence. 
The deputy 
shall make a prompt determination of the issue based solely on 
any written statements of interested parties filed with the 
bureau before the interview, together with the evidence presented 
by interested parties who personally appeared at the' interview. 
Upon request and notice to all parties at the interview, the 
deputy may accept corroborative documentary evidence after the 
interview. 
In no other case may the deputy base a decision on 
evidence received after the interview has been held. 
A. 
This subsection does not apply when the claimant reports 
that, in the week claimed: 
(1) 
The claimant worked and reports a specific amount 
of earnings for that work; 
(2) 
The claimant worked and had earnings from that 
work, but does not furnish the amount of earnings; 
(3) 
The claimant reports that the claimant was not 
able or available for work for a specific portion of 
the week and there is sufficient information for the 
deputy 
to 
determine 
that 
the 
inability 
or 
unavailability for work was for good cause. 
If the 
information 
provided 
by 
the 
claimant 
indicated 
unavailability 
during 
the 
claim 
week, 
but 
is 
not 
specific 
as 
to 
the 
amount 
of 
time 
involved, 
the 
department shall immediately initiate a 
fact-finding 
interview with the individual and make a determination 
regarding the claimant's weekly benefit amount on the 
basis of that interview. 
If the department is not able 
to conduct an immediate fact-finding interview with the 
claimant, 
the notification 
and 
fact-finding 
process 
described in this subsection must be followed; or 
(4) 
The claimant received a specific amount of other 
remuneration as described in section 1193, subsection 5. 
SUMMARY 
This 
bill 
allows 
the 
Department 
of 
Labor, 
Bureau 
of 
Unemployment 
Compensation, 
to 
hold 
an 
immediate 
fact-finding 
interview when an individual submits 
information in a 
weekly 
unemployment claim indicating the claimant was not available for 
work during the claim week and then modify the benefit check 
amount 
accordingly based on 
the 
information provided by 
the 
claimant 
during 
the 
fact-finding 
interview. 
Current statute 
allows modification of the benefit amount if the claimant is 
specific as to the amount of time the claimant was not available 
for work.