An Act To Repeal Certain Unemployment Benefit Disqualifications
Maine Legislature, Session 123, LD 1272
Committee: Labor
Sponsors: CLARK, STRIMLING, BURNS, JACKSON, PATRICK, TUTTLE, SULLIVAN
Amends: 26 MRSA §1193, 26 MRSA §1194

Legislative Document 
No. 1272 
H.P.900 
House of Representatives, March 8, 2007 
An Act To Repeal Certain Unemployment Benefit Disqualifications 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative CLARK of Millinocket. 
Cosponsored by Senator STRIMLING of Cumberland and 
lJ1~frl.7J?~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BURNS of Berwick, JACKSON of Allagash, PATRICK of Rumford, 
TUTTLE of Sanford, Senator: SULLIVAN of York. 
Printed on rec.:ycled ("IUpef 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §1193, sub-§4, as amended by PL 1997, c. 391, § I, is repealed. 
Sec. 2. 26 MRSA §1194, sub-§2, as amended by PL 2003, c. 163, § I, 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. 
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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 in 
the claim to the Division of Administrative Hearings or to the commission, which shall 
make a determination with respect to the claim in accordance with the procedure 
described in subsection 3, exeept that in any ease in 'whieh the payment or denial of 
benefits is subjeet to seetion 1193, subseetion 4, the deputy shall promptly traFismit a 
report with respeet to that subseetion to the Direetor of Unemployment Compensation 
upon the basis of whish the direetor shall notify appropriate deputies as to the 
applieability of that subseetion. 
The deputy shall determine in accordance with section 1221, subsection 3, paragraph A, 
the proper employer's experience rating record, if any, against which benefits of an 
eligible individual must be charged, if and when paid. 
The deputy shall promptly notify the claimant and any other interested party of the 
determinations and reasons for the determinations. Subject to subsection II, unless the 
claimant or any such interested party, within IS calendar days after that notification was 
mailed to the claimant's last known address, files an appeal from that determination, that 
determination is final, except that the period within which an appeal may be filed may be 
extended, for a period not to exceed an additional IS calendar days, for good cause 
shown. If new evidence or pertinent facts that would alter that determination become 
known to the deputy prior to the 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 
on the separation report within 10 days after that report was requested, the claim 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 do not constitute an overpayment of benefits. Any benefits paid 
after the date of the revised decision 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 that 
results in a denial of benefits or a reduction of the weekly benefit amount, the benefits 
Pag'~ I - 123LR2329(Ol)-l 
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paid prior to the date the determination is mailed 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 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, 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 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 
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appeal. The fact-finding interview must be scheduled not less than 5 days nor more than 
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 
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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: 
(I) 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 
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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 
Under current law, an individual is disqualified for unemployment compensation 
benefits if the unemployment is due to a stoppage of work that exists because of a labor 
dispute. This bill repeals this provision of law. 
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