An Act to Define "Mail in the Employment Security Law to Include Electronic Notification
Maine Legislature, Session 131, LD 0013
Committee Amendment CA_A_H45 (House)
Amends: 26 MRSA §1052, 26 MRSA §1194

COMMITTEE AMENDMENT ''f7 "to H.P. 17, L.D. 13, "An Act to Define "Mail" 
in the Employment Security Law to Include Electronic Notification" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Define "Mail" in the Employment Security Law to Include Electronic 
Notification and to Extend the Appeal Times for Claimants' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 26 MRSA §1052 is enacted to read: 
§1052. Method of mail for required notices 
The bureau may not send a notice to an individual as required under this chapter 
exclusively by electronic mail without first allowing the individual the opportunity to elect 
to receive that notice exclusively by electronic mail. 
Sec. 3. 26 MRSA §1194, sub-§2, as amended by PL 2021, c. 456, §24, is further 
amended by amending the 3rd blocked paragraph to read: 
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, within¼ 30 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 ¼ 3 0 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. 
Sec. 4. 26 MRSA §1194, sub-§2, as amended by PL 2021, c. 456, §24, is further 
amended by amending the 6th blocked paragraph to read: 
COMMITTEE AMENDMENT 
~ 
o..,O 
~~ 
COMMITTEE AMENDMENT 'A" to H.P. 17, L.D. 13 
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 must 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. 
+he Any fact-finding interview must be scheduled not less than~ 7 calendar days nor more 
than 14 calendar 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 participated in the 
interview by telephone or e-mail or other electronic means. 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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment specifies that the Department of Labor, Bureau of Unemployment 
Compensation may not send a notice to an individual as required under the Employment 
Security Law exclusively by electronic mail without first allowing the individual the 
opportunity to elect to receive that notice exclusively by electronic mail. 
The amendment also extends the period within which an appeal from a deputy's 
decision regarding a claim for benefits under the Employment Security Law may be filed 
from 15 to 3 0 calendar days and the period by which that appeal time may be extended for 
good cause shown from 15 to 30 calendar days. It also clarifies that no fact-finding 
interview may be scheduled less than 7 calendar days or more than 14 calendar days after 
the notice of fact-finding interview is mailed. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/06/23 ;t;Pae.. 
LD 13 
LR 125(02) 
An Act to Define "Mail" in the Employment Security Law to Include Electronic Notification 
Fiscal Note for Bill as Amended by Committee Amendment A' {j-l-'1.5) 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Federal Expenditures Fund 
Fiscal Detail and Notes 
Additional costs to the Bureau of Unemployment Compensation within the Department of Labor to implement the 
requirements of this legislation can be absorbed within existing budgeted resources. 
LR0125(02) - Fiscal Note - Page I of I