An Act To Ensure Efficiency in the Unemployment Insurance System
Maine Legislature, Session 126, LD 0690
Committee: Labor, Commerce, Research and Economic Development
Sponsors: HERBIG, PATRICK, CAMPBELL, GILBERT, HOBBINS, ROCHELO, THERIAULT, JACKSON, TUTTLE
Amends: 26 MRSA §1194

Legislative Document 
No. 690 
H.P. 482 
House of Representatives, February 26, 2013 
An Act To Ensure Efficiency in the Unemployment Insurance 
System 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative HERBIG of Belfast. 
Cosponsored by Senator PATRICK of Oxford and 
Representatives: CAMPBELL of Newfield, GILBERT of Jay, HOBBINS of Saco, ROCHELO 
of Biddeford, THERIAULT of Madawaska, Senators: JACKSON of Aroostook, TUTTLE of 
York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §1194, sub-§2, as amended by PL 2003, c. 163, §1, 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 make a determination on all nonmonetary issues related to a 
claim filed by a claimant.  Eighty percent of the determinations on nonmonetary issues 
related to a claim must be made within 21 days of the date the deputy identifies a 
nonmonetary issue that has the potential to affect the claimant's right to benefits.  In no 
event may an individual determination exceed 30 days after the date the deputy identifies 
such a nonmonetary issue, except when delay is attributable to the actions of the claimant. 
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, except that in any case in which the payment or denial of 
benefits 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 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 11, unless the 
claimant or any such interested party, within 15 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 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 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 
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 
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 
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 requires that determinations on all nonmonetary issues related to a claim for 
unemployment compensation be made within specified time frames.