Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 6 - SEASONAL INDUSTRY PROGRAM › Section 172-6-1 - Seasonal industries

Current through 2024-29, July 17, 2024
A. A "seasonal
				industry" shall mean an industry which has been determined to be seasonal by
				the commission or so designated under subsection 3 of section 1251 of the
				Employment Security Law.
A-1 A "non-seasonal industry" shall mean an industry which
				  the commission has determined not to be a seasonal industry or an industry for
				  which no determination by the commission has been made.
B. Investigation of Industries Alleged to be
				Seasonal. The commission shall investigate the seasonal nature of any industry
				on its own initiative or upon receipt of a petition for a seasonal
				determination signed by at least 5 employers who claim to be members of the
				industry, or by a majority of the employers who claim to be members of the
				industry if there are fewer than 5 employers who claim to be members of that
				industry.
C. Submission of Factual
				Data. Each member of the industry in question shall, upon request by the
				commission, submit such records and reports as the commission may deem
				necessary to indicate the seasonal or non-seasonal nature of his or her
				operations.
D. Seasonal
				Determination of Seasonal Industries.
1.
				After each such investigation, the commission shall hold a hearing for the
				purpose of determining whether the industry is seasonal and if so, to determine
				the longest seasonal period or periods during which, by the best practice of
				the industry, operations are conducted.
2. The commission shall publish notice of
				such hearing in such newspapers as required by law for state notices and shall
				also give notice to all interested parties insofar as the same are known to the
				commission.
3. At the hearing,
				evidence shall be received from the staff of the bureau, from employers, and
				from workers or their representatives. Such evidence may be received by the
				commission even though inadmissible under the rules of evidence applicable to
				court procedure.
4. After hearing,
				the commission shall make its determination, a certified copy of which shall be
				maintained in the office of the commission and the bureau. Each
				determina­tion shall cover at least the following:
a. The delimitation of the industry to which
				the determination is applicable.
b.
				A list of employers included therein insofar as they are known to the
				commission and the bureau.
c. The
				operations of the industry to which the determination applies.
d. The beginning and ending dates of the
				period or periods of the operations to which the determination
				applies.
5. If the
				industry is determined to be seasonal, the commission shall cause a notice of
				the determination to be published in such news­papers as required by law
				for state notices within 10 days after the determination is made and also shall
				cause an attested copy of the determination to be filed with the secretary of
				state. Employers in the indus­try known to be interested therein shall
				be given notice of such determination by mail.
6. If the industry is determined to be
				non-seasonal in its operations, notice thereof shall be given to known
				interested parties.