reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-211 - Domestic Employment

Domestic employment in a private home, local college club, or local chapter of a college fraternity or sorority is not covered employment unless during any calendar quarter of the current or preceding calendar year, the employer pays cash wages of at least $1,000 to individuals performing the employment.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-212 - Employment for Government

(a)    Employment is not covered employment if the employment is performed for the United States government or except to the extent that Congress permits to be covered, the employment is performed for an instrumentality of the United States that is exempt under the United States Constitution from contributions.
(b)    (1)    Employment performed for a foreign government, including employment as a consular or other officer or employee or nondiplomatic representative, is not covered employment.
(2)    Employment performed for an instrumentality that a foreign government wholly owns is not covered employment if:
(i)    the employment is of a character similar to that performed in the foreign country by employees of the United States government or an instrumentality of the United States government; and
(ii)    the Secretary finds that the United States Secretary of State has certified to the United States Secretary of the Treasury that the foreign government whose instrumentality claims exemption from the tax imposed by this title grants an equivalent exemption for similar employment performed in the foreign country by employees of the United States government and instrumentalities of the United States government.
(c)    (1)    Except as provided in this subtitle, employment performed for a governmental entity of a state is covered employment if the employment is excluded from the definition of “employment” in the Federal Unemployment Tax Act solely by § 3306(c)(7) of the Act.
(2)    Employment performed for a governmental entity is not covered employment if performed:
(i)    as an elected official;
(ii)    as a member of a legislative body, a judicial body, the State National Guard, or the Air National Guard;
(iii)    as a temporary employee in case of an earthquake, flood, fire, snow, storm or similar emergency;
(iv)    in a position that, under the laws of the State, is designated a major nontenured advisory or policymaking position;
(v)    in an advisory or policymaking position that ordinarily requires 8 hours or less of work each week; or
(vi)    as an election official or election worker if the amount of remuneration received by the individual during the calendar year for services as an election official or election worker is less than $1,000.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-213 - Employment Subject to Federal Statutes

(a)    (1)    Employment is not covered employment if performed:
(i)    for an employer that is determined to be subject to the Railroad Unemployment Insurance Act by a unit authorized by federal law to make that determination; or
(ii)    as an employee representative who is determined to be subject to the Railroad Unemployment Insurance Act by the unit.
(2)    If the Railroad Retirement Board determines that a person is engaged principally in a business other than the carrier business, the exclusion from insurance under paragraph (1) of this subsection applies only to employment for the identifiable and separable enterprise of the person that the Secretary determines to be considered the employer.
(b)    Employment is not covered employment if performed for an employer that is determined by a unit of the federal government authorized to make the determination to be subject to any other unemployment insurance system established by federal law.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-214 - Employment Outside Course of Business or Trade of Employer

Employment that an individual performs that is not in the course of the business or trade of the individual’s employer is not covered employment unless:
(1)    during a calendar quarter, the employer pays cash compensation of at least $50 for the employment; and
(2)    the employment is performed by an individual whom the employer regularly employs to perform the employment during a part of each of at least 24 days during the calendar quarter or the preceding calendar quarter.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-216 - Rehabilitation Facilities

(a)    Except as provided in subsection (b) of this section, employment is not covered employment if performed:
(1)    in a facility that:
(i)    carries out a program of rehabilitation for individuals whose earning capacity is impaired by age, physical or mental disability, or injury; or
(ii)    provides compensated work for individuals who, because of their physical or mental disability, cannot be employed readily in the competitive labor market; and
(2)    by an individual who receives that rehabilitation or compensated work.
(b)    Employment is covered employment if performed by a blind or other severely handicapped employee of Blind Industries and Services of Maryland.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-217 - Incarcerated Individual

(a)    Employment that an inmate of a custodial or penal institution performs for a nonprofit organization or a governmental entity is not covered employment.
(b)    (1)    Except as provided in paragraph (2) of this subsection, employment that an inmate of a custodial or penal institution performs for a private, for-profit employer is not covered employment.
(2)    Employment that an inmate of a custodial or penal institution performs for a private, for-profit employer is covered employment if the inmate continues to be employed by the private, for-profit employing unit after being permanently released from the custodial or penal institution, including released by parole.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-218 - Interns, Patients, and Student Nurses

(a)    Employment that an intern performs is not covered employment if:
(1)    the employer is a hospital; and
(2)    the intern has completed a 4-year course in a medical school that is chartered or approved under State law.
(b)    Employment that a patient of a hospital performs for the hospital is not covered employment.
(c)    Employment that a student nurse performs is not covered employment if:
(1)    the employer is a hospital or training school for nurses; and
(2)    the student nurse is enrolled in and regularly attending classes in a training school for nurses that is chartered or approved under State law.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-220 - Students

(a)    (1)    In this subsection, “full-time student” means an individual who is:
(i)    enrolled full-time at an educational institution; or
(ii)    between academic terms or years if:
1.    the individual was enrolled as a full-time student at an educational institution for the immediately preceding academic term or year; and
2.    there is a reasonable assurance that the individual will be enrolled as a full-time student at an educational institution for the immediately succeeding academic term or year.
(2)    Employment that a full-time student performs in the employ of an organized camp is not covered employment if:
(i)    the full-time student was employed by the camp for less than 13 calendar weeks in a calendar year; and
(ii)    the camp:
1.    had average gross receipts for any 6 months in the preceding calendar year that were not more than one-third of its average gross receipts for the other 6 months in that year; or
2.    did not operate for more than 7 months in each of the current and preceding calendar years.
(b)    Employment performed in an educational institution is not covered employment if:
(1)    the employment is performed by a student who is enrolled and regularly attending classes at that educational institution; or
(2)    the employment is performed by the spouse of the student and immediately before beginning to perform the employment, the spouse is advised that:
(i)    the employment is under a program of the educational institution to provide financial assistance to the student; and
(ii)    the employment is not covered employment.
(c)    (1)    Except as provided in paragraph (2) of this subsection, employment is not covered employment if:
(i)    the individual who performs the employment is enrolled for credit at a nonprofit or public educational institution that normally has a regular faculty and curriculum and a regularly organized body of students in attendance at the place where its educational activities are carried on;
(ii)    the employment is an integral part of a full–time program taken for credit at the educational institution that combines academic instruction with work experience; and
(iii)    the educational institution has certified to the employer the application of this paragraph.
(2)    Employment that an individual performs as part of a program that an educational institution establishes for or on behalf of an employer is covered employment.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-221 - Work Relief or Work Training Program

Employment is not covered employment if performed:
(1)    as part of an unemployment work relief or work training program assisted or financed wholly or partly by a unit of the federal government or a political subdivision or unit of a state; and
(2)    by an individual who receives the work relief or work training.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-223 - Employment Performed by Nonimmigrant Alien

Employment is not covered employment if performed by an individual who is a nonimmigrant alien admitted to the United States under § 101(a)(15)(F), (J), (M), or (Q) of the federal Immigration and Nationality Act.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 3 - Administration › Section 8-303 - Division of Workforce Development

(a)    (1)    “Public employment office” means an employment office that does not charge a fee to provide services and is:
(i)    operated by the Department; or
(ii)    maintained as part of a local, State, or federal system of employment offices.
(2)    “Public employment office” includes a branch public employment office.
(b)    The General Assembly accepts the provisions of the Wagner–Peyser Act for establishment of a national employment system and for cooperation in promotion of the system in conformity with § 4 of the Act.
(c)    The Division of Workforce Development, established under § 11–102 of this article, is the unit of the State designated to carry out § 4 of the Wagner–Peyser Act.
(d)    The Secretary shall employ a staff for the Division of Workforce Development in accordance with § 8–304 of this subtitle and regulations adopted by the United States Secretary of Labor.
(e)    As necessary for administration of this title, the Division of Workforce Development shall establish and maintain public employment offices that do not charge a fee to individuals who seek employment.
(f)    To establish and maintain public employment offices, the Secretary:
(1)    may enter into an agreement with the Railroad Retirement Board or any other federal unit that is responsible for administration of an unemployment insurance law, a political subdivision of the State, or any private nonprofit organization; and
(2)    as part of the agreement, may accept money, services, or office space as a contribution to the Unemployment Insurance Administration Fund.
(g)    Money in the Unemployment Insurance Administration Fund that the State receives under the Wagner–Peyser Act is available to the Division of Workforce Development for use under this section in accordance with that Act.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 3 - Administration › Section 8-305 - General Powers and Duties of Secretary

(a)    The Secretary may adopt any regulation that is necessary to carry out this title.
(b)    (1)    In accordance with the provisions of the State Personnel and Pensions Article, the Secretary may employ the staff necessary to carry out this title.
(2)    In accordance with the State budget, the Secretary may set the compensation of an employee under this subsection in a position that:
(i)    is unique to the Department;
(ii)    requires specific skills or experience to perform the duties of the position; and
(iii)    does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.
(3)    The Secretary of Budget and Management, in consultation with the Secretary, shall determine the positions for which the Secretary may set compensation under paragraph (2) of this subsection.
(4)    Subject to other applicable provisions of this title, the Secretary may appoint employees and set their powers and duties as necessary to carry out this title.
(c)    The Secretary shall determine whether an employee who handles money for the Department under this title should be covered under a bond.
(d)    (1)    The Secretary shall print:
(i)    this title;
(ii)    each annual report that the Secretary submits to the Governor; and
(iii)    any other material that the Secretary considers relevant and suitable.
(2)    On request by any person, the Secretary shall give the person a copy of:
(i)    any material that the Secretary prints under this subsection; and
(ii)    the current regulations adopted to carry out this title.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 3 - Administration › Section 8-306 - Investigation and Enforcement Powers

(a)    To enforce this title, the Secretary may conduct investigations.
(b)    To enforce this title, the Secretary may:
(1)    administer an oath;
(2)    certify to an official act; and
(3)    take a deposition.
(c)    (1)    To enforce this title, the Secretary may issue a subpoena for the attendance of a witness to testify or the production of books, correspondence, memoranda, papers, or other records.
(2)    A subpoena issued under this subsection shall be served in any manner in which a subpoena of a court may be served.
(3)    If a person fails to comply with a subpoena issued under this subsection, on a complaint filed by the Secretary, the circuit court for the county where the investigation is being conducted or where the person resides, is present, or transacts business may pass an order directing compliance with the subpoena or compelling testimony.
(d)    (1)    Subject to paragraph (2) of this subsection, a person may not be excused from complying with a subpoena issued under subsection (c) of this section on the ground that the evidence or testimony required may tend to incriminate the person or subject the person to a forfeiture or penalty.
(2)    After claiming the privilege against self-incrimination a person may not be prosecuted or subjected to any forfeiture or penalty because of any matter, thing, or transaction about which the person is compelled to produce evidence or testify except that if the person commits perjury while giving testimony, the person is subject to prosecution for that offense.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 3 - Administration › Section 8-307 - Legal Representation

(a)    In a civil action to enforce this title, the Secretary or Board of Appeals and the State may be represented by:
(1)    the Attorney General; or
(2)    any qualified attorney who:
(i)    is a salaried employee of the Secretary or Board of Appeals; and
(ii)    on recommendation of the Attorney General, is designated to represent the Secretary or Board of Appeals and the State.
(b)    A criminal action for violation of any provision of this title or regulation adopted under this title shall be prosecuted by the State’s Attorney of the county in which:
(1)    the employer has a place of business;
(2)    the violator resides; or
(3)    the violator has filed for benefits to which the violator was not entitled.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 3 - Administration › Section 8-308 - State Advisory Council

(a)    With the approval of the Governor, the Secretary shall appoint a State Advisory Council.
(b)    The State Advisory Council shall consist of:
(1)    an equal number of members who represent employees and who represent employers; and
(2)    the number of members who represent the general public that the Secretary sets.
(c)    Each member of the State Advisory Council who represents employees or who represents employers shall be an individual who is regarded as a representative of employees or employers because of affiliation, employment, or vocation.
(d)    (1)    The term of a member of the State Advisory Council is 4 years.
(2)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(3)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(e)    Each member of the State Advisory Council is entitled to:
(1)    $50 for each day that the Council is in session, not exceeding $1,500 per year; and
(2)    reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(f)    The State Advisory Council shall help the Secretary to:
(1)    develop policies and discuss problems related to the administration of this title; and
(2)    ensure impartiality and freedom from political influence in the solution of those problems.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 3 - Administration › Section 8-309 - Local Advisory Councils

(a)    The Secretary shall appoint local advisory councils.
(b)    Each local advisory council shall consist of:
(1)    an equal number of members who represent employees and who represent employers; and
(2)    the number of members who represent the general public that the Secretary sets.
(c)    Each member of a local advisory council who represents employees or who represents employers shall be regarded as a representative of employees or employers because of affiliation, employment, or vocation.
(d)    A member of a local advisory council:
(1)    may not receive compensation; but
(2)    is entitled to reimbursement for necessary expenses.
(e)    The local advisory councils shall help the Secretary to:
(1)    develop policies and discuss problems related to the administration of this title; and
(2)    ensure impartiality and freedom from political influence in the solution of those problems.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 3 - Administration › Section 8-310 - Cooperation With Federal Units

(a)    (1)    In the administration of this title, the Secretary shall cooperate with the United States Secretary of Labor to the fullest extent that this title allows.
(2)    The Secretary shall:
(i)    make each report in the form and containing the information that the Secretary of Labor requires;
(ii)    comply with each provision that the Secretary of Labor considers necessary to ensure the accuracy of a report; and
(iii)    comply with each regulation that the Secretary of Labor adopts to govern the expenditure of any money that may be allotted and paid to the State under Chapter 7, Subchapter III of the Social Security Act to assist in the administration of this title.
(b)    (1)    The Secretary may afford reasonable cooperation with each federal unit that administers an unemployment insurance law.
(2)    On request, the Secretary shall provide to a federal unit that administers public works or assistance through public employment:
(i)    the name, address, usual occupation, and employment status of each recipient of benefits; and
(ii)    information about the right of the individual to receive benefits.
(c)    The Secretary:
(1)    may make available to the Railroad Retirement Board any record of the State that relates to administration of this title; and
(2)    at the expense of the Railroad Retirement Board, may provide to the Board a copy of any record that the Board considers necessary for its purposes.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 3 - Administration › Section 8-311 - Annual Report

(a)    On or before January 1 of each year, the Secretary shall submit to the Governor an annual report on the administration and operation of this title during the previous fiscal year.
(b)    The annual report shall include:
(1)    a balance sheet for the Unemployment Insurance Fund;
(2)    a table that shows the amount of any benefit that was ineffectively charged or not charged to the experience rating record of an employer;
(3)    the reason for not charging the amount of any benefit to the experience rating record of an employer;
(4)    by category of disqualification, the amount of any benefit that was paid after a disqualification under Subtitle 10 of this title; and
(5)    any recommendation for an amendment to this title that the Secretary considers proper.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 3 - Administration › Section 8-311.1 - Monthly Report Posted on Administration of Title -- Items Included -- Weekly Reports

(a)    On or before the first day of each month, the Department shall post on its website a report on the administration and operation of this title during the immediately preceding month.
(b)    The report shall include:
(1)    a balance sheet for the Unemployment Insurance Fund;
(2)    the number of claims for benefits filed under § 8–805(a) of this title in the immediately preceding month;
(3)    the number of claims pending adjudication and the number of claims pending adjudication that were resolved since the immediately preceding month;
(4)    the number of final determinations that were made under § 8–806 of this title in the immediately preceding month; and
(5)    the number of claims processed by the Department during the immediately preceding month.
(c)    (1)    Once per week, the Department shall post on its website a weekly report that includes the number of:
(i)    open claims;
(ii)    claims pending adjudication;
(iii)    claims for which the first payment has not been made within 21 days after the week ending date of the first compensable week in the benefit year;
(iv)    claims closed;
(v)    claims resolved by adjudication; and
(vi)    claims for which the claimant encountered technological problems with the online portal.
(2)    The Department shall retain on its website the weekly reports for at least the immediately preceding 8 weeks.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 3 - Administration › Section 8-311.2 - Calculation of Disaster Existence -- Monitoring -- Disaster Reporting Requirements -- Disaster Report to Legislative Bodies -- Oversee Compliance

(a)    For the purposes of this section, a disaster exists if the Department, for 4 consecutive weeks, fails to pay at least 82% of first payments within 21 days after the week ending date of the first compensable week in the benefit year.
(b)    (1)    The Department shall monitor the Unemployment Insurance Fund for a disaster.
(2)    When the Assistant Secretary of the Division of Unemployment Insurance determines that there is a disaster, the Department shall comply with the reporting requirements established under subsection (c) of this section.
(3)    (i)    The disaster reporting requirements shall remain in effect until the Department, for 4 consecutive weeks, is paying at least 87% of first payments within 21 days after the week ending date of the first compensable week in the benefit year, in accordance with guidelines published by the U.S. Department of Labor.
(ii)    When the disaster reporting requirements are no longer in effect under subparagraph (i) of this paragraph, the Assistant Secretary of the Division of Unemployment Insurance shall announce that the Department is no longer required to issue the disaster report under subsection (c) of this section.
(c)    (1)    The Department shall submit a disaster report to the presiding officers, the Senate Finance Committee, and the House Economic Matters Committee, in accordance with § 2–1257 of the State Government Article:
(i)    within 7 days after the disaster determination; and
(ii)    every 30 days thereafter while the disaster is ongoing.
(2)    The report shall include:
(i)    the Unemployment Insurance Fund balance immediately preceding the disaster determination;
(ii)    the current balance of the Unemployment Insurance Fund; and
(iii)    the Department’s anticipated office staffing needs over the next 30, 60, and 90 days;
(3)    the Department’s plan for meeting staffing needs; and
(4)    an update on federal funding and support for the Unemployment Insurance Fund.
(d)    During a disaster, the Department shall:
(1)    be exempt from requirements under the State Finance and Procurement Article for staffing; and
(2)    hire additional full–time or part–time staff who are State employees, contractual employees, or individuals under contract with a third–party vendor as needed to meet staffing needs and to respond to issues raised by claimants and employers.
(e)    During a disaster, the Assistant Secretary for the Division of Unemployment Insurance shall oversee compliance with the requirements of this section.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 3 - Administration › Section 8-312 - Unemployment Insurance Fund

(a)    (1)    The balance sheet for the Unemployment Insurance Fund that the Secretary includes in the annual report shall include, if possible, a reserve against liability in future years to pay benefits in excess of the then current contributions.
(2)    A reserve under this subsection shall be set up by the Secretary in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period.
(b)    Whenever the Secretary believes that a change in rates of contributions or benefits will become necessary to protect the solvency to the Unemployment Insurance Fund, the Secretary promptly shall inform the Governor and legislature and make recommendations with respect to the change.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 4 - Funds › Part I - Unemployment Insurance Fund › Section 8-403 - Composition and Use

(a)    The Unemployment Insurance Fund shall consist of:
(1)    contributions;
(2)    reimbursement payments collected under Subtitle 6, Part III of this title;
(3)    interest earned on money in the Fund;
(4)    property or securities acquired with money that belongs to the Fund;
(5)    money earned from the property or securities;
(6)    money received from the Federal Unemployment Account in the Unemployment Trust Fund in accordance with Title XII of the Social Security Act;
(7)    money credited to the State Unemployment Trust Fund Account under § 903 of the Social Security Act; and
(8)    money received for the Fund from any other source.
(b)    Money in the Unemployment Insurance Fund shall be commingled.
(c)    The Unemployment Insurance Fund shall be used only for the purposes of this title.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 4 - Funds › Part I - Unemployment Insurance Fund › Section 8-404 - General Operation of Unemployment Insurance Fund

(a)    (1)    The State Treasurer is custodian of the Unemployment Insurance Fund.
(2)    The State Treasurer shall manage the Unemployment Insurance Fund in accordance with regulations that the Secretary adopts.
(b)    (1)    In the Unemployment Insurance Fund, the State Treasurer shall maintain as separate accounts:
(i)    a clearing account;
(ii)    an Unemployment Trust Fund Account; and
(iii)    a benefit account.
(2)    Under the direction of the Secretary, the Treasurer shall establish the benefit and clearing accounts in any financial institution in which the General Fund of the State may be deposited.
(3)    The Unemployment Trust Fund Account shall be the account of the State in the Federal Unemployment Trust Fund that is established and maintained in accordance with § 904 of the Social Security Act notwithstanding any State law to the contrary that relates to administration, deposit, disbursement, or release of money in the custody of the State.
(c)    (1)    On receipt of any money payable to the Unemployment Insurance Fund, the Secretary shall ensure immediate deposit of the money in the clearing account as required by the State Treasurer.
(2)    Except for monetary penalties assessed under § 8–809(b)(2) or § 8–1305(b)(1) of this title, all money deposited in the clearing account for the payment of fines, interest, or penalties shall be paid to the Special Administrative Expense Fund.
(3)    Subject to the direction of the Secretary, the State Treasurer may pay refunds under Subtitle 6, Part V of this title from the clearing account.
(d)    (1)    Immediately after payments that are made under subsection (c)(2) and (3) of this section have cleared, the State Treasurer shall deposit all money that remains in the clearing account with the Secretary of the Treasury of the United States to the credit of the account of the State in the Unemployment Trust Fund that is established and maintained under § 904 of the Social Security Act.
(2)    Money that is requisitioned from the account of the State in the Unemployment Trust Fund shall be placed in the benefit account only for use in accordance with paragraph (3) of this subsection.
(3)    Subject to § 8–405 of this subtitle and in accordance with regulations that the Secretary adopts, money in the benefit account:
(i)    may be used to pay refunds under Subtitle 6, Part V of this title;
(ii)    shall be used to pay benefits; and
(iii)    may be used to pay administrative expenses incurred to carry out this title.
(e)    The Unemployment Insurance Fund may not be used to pay a deposit insurance premium in a financial institution in which the benefit and clearing accounts are deposited.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 4 - Funds › Part I - Unemployment Insurance Fund › Section 8-406 - Checks for Benefits and Refunds

A check that the State Treasurer issues to pay benefits or refunds shall:
(1)    be issued only on a warrant signed by the Secretary;
(2)    bear the signature of the State Treasurer; and
(3)    be countersigned by an authorized agent.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 4 - Funds › Part I - Unemployment Insurance Fund › Section 8-407 - Federal Advances

(a)    In accordance with and to obtain the advantages under Title XII of the Social Security Act the Secretary:
(1)    may apply for an advance to the Unemployment Insurance Fund; and
(2)    has responsibility for repayment of the advance.
(b)    Interest required to be paid on an advance under subsection (a) of this section:
(1)    shall be paid in a timely manner; and
(2)    may not be paid directly or indirectly from contributions or from the Unemployment Insurance Fund.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 4 - Funds › Part I - Unemployment Insurance Fund › Section 8-408 - Discontinuance of Unemployment Trust Fund

(a)    The provisions of this Part I of this subtitle that relate to the Unemployment Trust Fund shall be effective only while:
(1)    the Unemployment Trust Fund continues to exist; and
(2)    the United States Secretary of the Treasury:
(i)    keeps in the Unemployment Trust Fund a separate account for the State from which no other state is allowed to make withdrawals; and
(ii)    credits to that Account the State’s share of earnings of the Unemployment Trust Fund.
(b)    If the Unemployment Trust Fund ceases to exist or the State Unemployment Trust Fund Account no longer is kept, money, property, and securities that belong to the Unemployment Trust Fund of the State shall be transferred to the State Treasury and deposited in the Unemployment Insurance Fund.
(c)    If money is deposited in the Unemployment Insurance Fund under subsection (b) of this section the State Treasurer:
(1)    shall hold, invest, transfer, sell, deposit, and release money in the Unemployment Insurance Fund in a manner that is approved by the Secretary and is in accordance with this title;
(2)    shall invest the money in readily marketable bonds or other readily marketable interest bearing obligations of:
(i)    the United States;
(ii)    the State; or
(iii)    a political subdivision of the State;
(3)    shall make investments that are readily convertible into cash when cash is needed to pay benefits; and
(4)    may dispose of securities or other property bought with money that belongs to the Unemployment Insurance Fund only under the direction of the Secretary.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 4 - Funds › Part II - Unemployment Insurance Administration Fund › Section 8-414 - Composition; Use

(a)    The Unemployment Insurance Administration Fund shall consist of:
(1)    money received from a unit of the federal government or of another state to pay for a facility or service provided to the unit;
(2)    money received under an insurance policy or surety bond or from any other source for loss that the Unemployment Insurance Administration Fund sustains or for damage to equipment or supplies bought with money from the Fund;
(3)    money transferred from the Special Administrative Expense Fund under § 8-422(d) of this subtitle;
(4)    proceeds from the disposal of surplus equipment or supplies that were bought with money from the Fund; and
(5)    money received under the Wagner-Peyser Act for use in accordance with that Act and money for administration of this title that:
(i)    is appropriated by the General Assembly;
(ii)    subject to § 8-405 of this subtitle, is received from a unit of the federal government; or
(iii)    is received from any other source.
(b)    (1)    Subject to § 8-405 of this subtitle and paragraph (2) of this subsection, the Secretary shall use the Unemployment Insurance Administration Fund to pay the administrative costs of this title including the costs of:
(i)    office space in accordance with § 8-421(c) of this subtitle; and
(ii)    the surety bond of the State Treasurer under § 5-102.1 of the State Government Article for the Unemployment Insurance Administration Fund.
(2)    Money in the Unemployment Insurance Administration Fund received from a unit of the federal government or appropriated by the General Assembly to carry out this title may be used only for the purposes and in the amounts that the United States Secretary of Labor finds necessary to administer this title efficiently and properly.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 4 - Funds › Part II - Unemployment Insurance Administration Fund › Section 8-415 - General Operation of Unemployment Insurance Administration Fund

(a)    The State Treasurer is custodian of the Unemployment Insurance Administration Fund.
(b)    (1)    Subject to § 8-405(b) of this subtitle, money shall be deposited, administered, and disbursed from the Unemployment Insurance Administration Fund in the same manner as money is deposited and disbursed for other special funds in the custody of the State Treasurer.
(2)    Money in the Unemployment Insurance Administration Fund shall be secured in accordance with § 6-209 of the State Finance and Procurement Article.
(c)    Money in the Unemployment Insurance Administration Fund shall be available to the Secretary whenever it is needed for payment of expenses under this title.
(d)    The Secretary may transfer money to the Special Administrative Expense Fund in accordance with § 8-422(e) of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 4 - Funds › Part II - Unemployment Insurance Administration Fund › Section 8-416 - Reimbursement

(a)    If the United States Secretary of Labor finds that money in the Unemployment Insurance Administration Fund received under Title III of the Social Security Act or the Wagner-Peyser Act has been lost or spent for purposes other than or in amounts exceeding those found necessary by the United States Secretary of Labor for the proper administration of this title, it is the policy of the State to replace the money with money that is appropriated from the General Fund of the State in accordance with subsection (b) of this section.
(b)    (1)    On receipt of notice that the United States Secretary of Labor has found that money from the Unemployment Insurance Administration Fund was misused, the Secretary promptly shall give the Governor notice of the money required for replacement.
(2)    At the earliest opportunity, the Governor shall submit to the General Assembly a request for appropriation of the money required.
(c)    If money in the Unemployment Insurance Administration Fund is used for payment of costs of administration that are found not to be properly chargeable against federal money credited to the Fund, the Secretary shall use money in the Special Administrative Expense Fund to pay for those costs.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 4 - Funds › Part III - Special Administrative Expense Fund › Section 8-420 - Administration

(a)    The Secretary shall administer the Special Administrative Expense Fund.
(b)    (1)    The State Treasurer shall keep the Special Administrative Expense Fund as a nonlapsing fund.
(2)    Except as otherwise provided in this subtitle, money in the Special Administrative Expense Fund may not be transferred to any other fund.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 4 - Funds › Part III - Special Administrative Expense Fund › Section 8-421 - Composition and Use

(a)    The Special Administrative Expense Fund shall consist of money appropriated in the State budget from:
(1)    fines, interest, and other penalties collected under this title and paid from the clearing account under § 8–404(c) of this subtitle;
(2)    money transferred from the Unemployment Insurance Administration Fund under § 8–422 of this subtitle; and
(3)    any voluntary contribution to the Special Administrative Expense Fund.
(b)    (1)    Notwithstanding any other provision in this Part III of this subtitle, the Special Administrative Expense Fund may be used as a revolving account to cover costs that are proper under the law for which federal money is requested but not yet received, if the costs are charged against the federal money when received.
(2)    Subject to subsection (d) of this section, the Secretary:
(i)    shall use the Special Administrative Expense Fund for reimbursement of interest on contributions that is collected erroneously;
(ii)    shall use the Special Administrative Expense Fund to pay for costs of administration that are found to have been improperly charged against federal money credited to the Unemployment Insurance Administration Fund; and
(iii)    may use the Special Administrative Expense Fund:
1.    for replacement within a reasonable time of any money that the State receives under § 302 of the Social Security Act and that because of an action or contingency has been lost or has been used for purposes other than or in amounts exceeding those necessary for proper administration of this title; or
2.    for administrative expenses of the Division of Unemployment Insurance and Division of Workforce Development, in accordance with subsection (c) of this section.
(c)    (1)    Subject to subsection (d) of this section, the Secretary may use the Special Administrative Expense Fund for administrative expenses necessary to administer this title.
(2)    Administrative expenses include:
(i)    expenses related to the acquisition of office space required for effective administration of this title, subject to approval by the Board of Public Works;
(ii)    costs for furnishing, maintenance, repair, improvement, and enhancement of office space;
(iii)    the purchase, leasing, and maintenance of information technology systems, including equipment, programs, and services;
(iv)    the purchase, leasing, and maintenance of telecommunications systems, services, and equipment including connectivity costs and ongoing usage costs; and
(v)    other administrative costs that the Secretary determines are necessary to administer solely the provisions of this title.
(d)    The Special Administrative Expense Fund may not be used in a manner that would result in a loss of federal money that, in the absence of money from the Special Administrative Expense Fund, would be available to pay for administrative costs of this title.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 4 - Funds › Part III - Special Administrative Expense Fund › Section 8-422 - Operation of Special Administrative Expense Fund

(a)    The State Treasurer is custodian of the Special Administrative Expense Fund.
(b)    Money in the Special Administrative Expense Fund shall be spent in accordance with appropriations in the State budget.
(c)    Money in the Special Administrative Expense Fund shall be available to the Secretary whenever it is needed for use in accordance with this subtitle.
(d)    When money is needed for reimbursement of interest and payment of administrative costs under § 8–421(b)(2)(i) and (ii) of this subtitle, the Secretary may make the reimbursement or payment from money that:
(1)    is in the Special Administrative Expense Fund; or
(2)    the State Treasurer transfers for that purpose from the Special Administrative Expense Fund to the Unemployment Insurance Administration Fund.
(e)    When the Secretary acquires, repairs, or maintains office space with money from the Special Administrative Expense Fund that will be reimbursed from federal funds, until the reimbursement, the Secretary may transfer from the Unemployment Insurance Administration Fund to the Special Administrative Expense Fund money in an amount that:
(1)    does not exceed the amount of federal funds specifically made available to the Secretary; and
(2)    equals the fair reasonable rental value of:
(i)    land or buildings that the Secretary acquires to use to carry out this title; or
(ii)    the proportionate amount of space that the Secretary uses in a building constructed by the State for another unit.
(f)    On July 1 of each year, the Secretary shall direct the State Treasurer to transfer to the General Fund of the State the balance in the Special Administrative Expense Fund that:
(1)    the Secretary has not allocated or encumbered; and
(2)    exceeds $250,000.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 5 - Lower Appeals Division of the Maryland Department of Labor › Section 8-502 - Appointment of Chief Hearing Examiner and Hearing Examiners

(a)    (1)    The Secretary shall appoint a chief hearing examiner as head of the Lower Appeals Division.
(2)    The chief hearing examiner shall be in the professional service in accordance with § 6–402 of the State Personnel and Pensions Article.
(b)    (1)    Subject to the approval of the Secretary, the chief hearing examiner shall appoint the number of hearing examiners and other personnel needed for the effective performance of the Lower Appeals Division.
(2)    The Secretary shall have administrative authority over all personnel.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 5 - Lower Appeals Division of the Maryland Department of Labor › Section 8-505 - Enforcement of Subtitle

(a)    To enforce this subtitle, a hearing examiner may:
(1)    administer an oath;
(2)    certify to an official act; and
(3)    take a deposition.
(b)    (1)    To enforce this subtitle, a hearing examiner may issue a subpoena for the attendance of a witness to testify or for the production of books, correspondence, memoranda, papers, and other records.
(2)    A subpoena issued under this subsection shall be served in any manner in which court subpoenas are authorized to be served.
(3)    If a person fails to comply with a subpoena issued under this subsection, on a complaint filed by the chief hearing examiner or an authorized representative of the chief hearing examiner, the circuit court for the county where the investigation or hearing is conducted or the person is present, resides, or transacts business may pass an order directing compliance with the subpoena or compelling testimony.
(4)    (i)    A person may not be excused from attending a proceeding and testifying or producing books, correspondence, memoranda, papers, and other records before a hearing examiner in obedience to a subpoena issued under this section on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture.
(ii)    After having claimed the privilege of the person against self–incrimination, a person may not be prosecuted or subjected to any penalty or forfeiture because of any transaction, matter, or thing about which the person is compelled to testify or produce evidence.
(iii)    A person may be prosecuted and punished for perjury committed in testifying.