reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 29 - BOARD OF FORESTERS › Chapter 09.29.01 - General Regulations › Section 09.29.01.02 - Application for Licensing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Only the
				experience of the applicant in practicing forestry that was gained after the
				completion of the educational requirements under Business Occupations and
				Professions Article, §
									7-304(b),
				Annotated Code of Maryland shall be considered by the Board.
B. An application shall contain:
(1) Statements made under oath showing the
				applicant's education, including the applicant's official college transcript,
				which reflects completion of a program accredited by the Society of American
				Foresters or approved by the Board, including:
(a) An undergraduate degree in forestry;
				or
(b) A master's degree in
				forestry;
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 29 - BOARD OF FORESTERS › Chapter 09.29.01 - General Regulations › Section 09.29.01.03 - Procedures Governing Licensing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Seal. The seal shall be affixed on all plans, maps, reports and specifications
				prepared by the licensee, pursuant to the requirements of Business Occupations
				and Professions Article, §§
									7-401
				and
				7-402,
				Annotated Code of Maryland.
B. A
				suspended, revoked or expired license may not be displayed in any public office
				or place of business by any licensee in connection with the practice of
				forestry.
C. The Board shall issue
				a new license to replace any license destroyed or mutilated upon receipt by the
				Board of a written request.
D. A
				licensee may display the title 'Maryland Licensed Forester" any manner
				consistent with the practice of forestry.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 29 - BOARD OF FORESTERS › Chapter 09.29.01 - General Regulations › Section 09.29.01.04 - Code of Professional Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee shall advocate and practice
				forest management consistent with ecologically sound principles.
B. Knowledge and Skills. A licensee shall:
(1) Use knowledge and skills for the benefit
				of the public.
(2) Strive for
				accurate, current, and increasing knowledge of forestry.
(3) Communicate knowledge, when it is not
				confidential, and challenge and correct untrue statements about
				forestry.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 29 - BOARD OF FORESTERS › Chapter 09.29.01 - General Regulations › Section 09.29.01.05 - Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Continuing Education Requirements.
(1) An
				applicant for license renewal shall complete, prior to submitting an
				application, a least 8 credit hours of qualifying continuing education in each
				2-year license term.
(2) The
				continuing education requirement does not apply to the first renewal of a
				license by a licensee.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 29 - BOARD OF FORESTERS › Chapter 09.29.01 - General Regulations › Section 09.29.01.06 - Failure to Respond

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an
				applicant or licensee receives from the Board a written communication
				requesting a response, the applicant or licensee shall respond within 30 days
				of the date of mailing.
B. The
				Board shall send a written communication by first-class mail to the last
				address furnished to the Board by the applicant or licensee.
C. It is the responsibility of an applicant
				or licensee to notify the Board in writing if there has been a change in the
				applicant's or licensee's address.
D. Failure to respond as required by this
				regulation may be considered by the Board to be a violation of Business
				Occupations and Professions Article, §
									7-309(a)(l)(vii),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Contributor" means an employing unit
				liable for contributions on taxable wages for covered employment.
(2) "Covered employment" means service
				performed for an employing unit that is subject to the Unemployment Insurance
				Law as determined by the Secretary.
(3) "Department" means the Department of
				Labor, Licensing, and Regulation.
(4) "Reimburser" means a nonprofit
				organization or governmental unit, as defined in the Unemployment Insurance
				Law, that elects to finance its Unemployment Insurance liability through
				self-insurance.
(5) "Secretary"
				means the Secretary of Labor, Licensing, and Regulation or the Secretary's
				designee.
(6) "Unemployment
				Insurance Law" means Labor and Employment Article, Title 8, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.03 - Reports to Determine Liability

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Registration. An employer shall file a registration application with the
				Comptroller of the Treasury within 20 days after the first day the business
				begins operation.
B. Further
				Information.
(1) Additional or supplemental
				reports to determine liability shall be filed at the Secretary's
				request.
(2) An employer that
				contends it is not liable under the Unemployment Insurance Law shall submit to
				the Secretary information to support that contention.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.04 - Posting of Notices

Current through Register Vol. 51, No. 14, July 12, 2024
An employing unit currently assigned an account number shall
				  post notices in a prominent place near the actual employment locations, in a
				  number and form designated by the Secretary, informing employees:
A. That the employing unit is liable for
				contributions or payments instead of contributions under the Unemployment
				Insurance Law;
B. Of their rights
				to benefits under the Unemployment Insurance Law; and
C. Of other information required by the
				Unemployment Insurance Law.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.05 - Charging of Benefit Payments

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Contributor.
(1) Benefit Payments Charged.
				Except as provided in §A(2) of this regulation or in the Unemployment
				Insurance Law, the earned-rate record of a contributor who is a base period
				employer shall be charged with all regular and work-sharing benefit payments,
				the appropriate share of extended benefit payments, and dependents'
				allowance.
(2) Benefit Payments Not
				Chargeable. Benefit payments may not be charged against the earned-rate record
				of a contributor who is a base period employer when the claimant:
(a) Voluntarily left employment:
(i) Without good cause,
(ii) To accept better employment,
				or
(iii) To enter a training
				program approved by the Secretary;
(b) Has been discharged by the employer for
				gross misconduct as defined in the Unemployment Insurance Law;
(c)
											 Was employed by the employing unit on a continuous part-time basis
				as of the date of the claimant's initial claim for benefits; or
(d) Was employed in a work release program as
				set forth in the Unemployment Insurance Law, if the separation was caused by
				the claimant's release from prison.
(3) Continuous Part-Time Basis. For the
				purposes of this regulation, employment is on a continuous part-time basis
				under Labor and Employment Article, Title 8, Subtitle 6, Annotated Code of
				Maryland if:
(a) The claimant was not
				employed by the employing unit on a full-time basis during the base
				period;
(b) The claimant continued
				to be employed by the employing unit on a part-time basis as of the date of the
				initial claim for benefits; and
(c)
				The employing unit did not cause the claimant's part-time working hours to be
				reduced.
(4) When
				Charged.
(a) Benefit payments shall be
				charged to an employer's earned-rate record for the calendar quarter during
				which the benefits are paid.
(b) A
				notice of benefit payments charged to the contributor's earned-rate record
				shall be sent to the contributor at the end of each calendar quarter.
(5) Benefit Overpayment Credit.
				When an overpayment of benefits is established, the overpayment shall be
				credited to the contributor's earned-rate record in the calendar quarter in
				which the overpayment is established.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.06 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Responsibility
				of Employing Unit.
(1) An employing unit
				shall record the Social Security number of each of its employees. If an
				employee does not have a Social Security number, the employing unit shall
				require the employee to execute the proper application form to acquire a Social
				Security number within 5 days of the first day of employment.
(2) Employment Records.
(a) An employing unit shall keep employment
				records safe and readily accessible at the place of business of the employing
				unit. The records shall be retained and preserved for a period of 5 years from
				the last day of the calendar quarter to which the records relate.
(b) An employing unit that discontinues
				business shall keep employment records safe and readily accessible. The records
				shall be retained and preserved for a period of 5 years from the last day of
				the calendar quarter to which the records relate.
(c) Employment records include but are not
				limited to wage records, payroll registers, check registers, cash disbursements
				journals, cancelled checks, federal income tax returns (Schedule 1040C for
				individual proprietors), forms 1096 and 1099, and general ledgers.
(d) Employment records shall be made
				available to the Department for inspection and copying. Prior notice to the
				employing unit is not required.
(e)
				An employing unit that maintains, or has a third party maintain, its employment
				records on nine-track magnetic tape, floppy disk, or other magnetic storage
				formats shall retain the records in the original magnetic storage format for a
				period of 5 years from the last day of the calendar quarter to which those
				records relate.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.07 - Collateral Security Posted by Certain Reimbursers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Amount and Adjustment of Collateral.
(1) Nonprofit organizations that elect to
				make payments instead of contributions shall file collateral approved by the
				Secretary.
(2) The Secretary shall
				review the sufficiency of the collateral annually based on the previous year's
				taxable wages or on any other basis the Secretary deems appropriate. If the
				amount of existing collateral is less than the employer's average annual
				benefit costs for the preceding 2 years, the amount of the collateral shall be
				increased to equal the average annual benefit costs. The amount of the
				collateral may not exceed the maximum State tax rate multiplied by that
				employer's taxable payroll for the prior year.
(3) When the collateral is increased, the
				adjusted collateral shall be filed within 30 days of the Secretary's
				demand.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.08 - Group Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Two or more
				reimbursers may maintain employment records and report to the Secretary as a
				group, provided the:
(1) Reimbursers are
				engaged in essentially the same industry, occupation, or activity;
				and
(2) Secretary finds that the
				risk to the Unemployment Insurance Fund represented by each of the members of
				the group is approximately the same as the risk represented by other members of
				the group.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.09 - Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contributions
				are due and shall be paid on or before the last day of the month immediately
				following each calendar quarter.
B.
				Contributions from an employer whose status is changed by cessation of
				business, or appointment of a receiver, trustee, trustee in bankruptcy, or
				other fiduciary are due and shall be paid within 5 days of the change in
				status.
C. Failure to pay the
				required contributions in the prescribed manner shall result in the imposition
				of interest charges as set forth in the Unemployment Insurance Law.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.10 - Payments by Reimbursers

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Payments by reimbursers are due and shall be paid within 30 days from the date
				set forth on the Statement of Reimburseable Benefits.
B. Failure to make the required payment in
				the prescribed manner shall result in the imposition of interest charges as set
				forth in the Unemployment Insurance Law.
C. A reimburser who fails to reimburse the
				Unemployment Insurance Fund for benefits paid:
(1) May lose its reimburser status and become
				a contributor as of the next January 1st for a period of 2 years; and
(2) Shall forfeit its collateral to the
				extent of the unpaid benefits.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.11 - Contribution Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. A contributor
				shall file with the Secretary, on or before the contribution payment date, a
				complete and correct contribution report containing:
(1) Total quarterly wages paid by the
				contributor;
(2) Taxable quarterly
				wages paid by the contributor;
(3)
				Total wages in excess of $8,500 per year (through 1992 the amount is
				$7,000);
(4) Computation of
				contributions due;
(5) The
				employing unit's Maryland unemployment insurance account number;
(6) The employing unit's tax rate applicable
				to the quarter filed;
(7) The
				number of employees performing services for the employing unit in each month of
				the quarter;
(8) If applicable,
				penalties or interest as set forth in the Unemployment Insurance Law;
(9) The signature of the employing unit or
				authorized representative; and
(10)
				Other information the Secretary may require.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.12 - Employment Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employing
				unit shall file with the Secretary on or before the contribution payment date,
				a complete and correct employment report containing:
(1) Name and Social Security number of each
				employee;
(2) The employing unit's
				Maryland unemployment insurance account number;
(3) Total quarterly wages paid to each
				employee;
(4) Total quarterly wages
				paid by the employing unit; and
(5)
				Other information the Secretary may require.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.13 - Closing of Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employing
				unit that anticipates that it will not report wages for a 12-month period shall
				notify the Secretary to close its account.
B. An employing unit that has reported no
				wages for the 12-month period from July 1 through June 30 shall be presumed to
				no longer be an employing unit and its account shall be closed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.14 - Wages

Current through Register Vol. 51, No. 14, July 12, 2024
A. Reporting.
(1) Wages to be reported on the quarterly
				employment report include:
(a) All
				remuneration paid to corporate officers for services rendered to the
				corporation. Corporation includes "subchapter S" corporations. Wages include
				draws, profit distributions, and dividends paid to corporate officers as
				remuneration for services rendered. The form in which remuneration for services
				is designated and the manner of payment is not determinative of what
				constitutes wages under the Unemployment Insurance Law.
(b) The value of meals provided to employees
				unless meals are provided on the employing unit's premises and for the
				convenience of the employing unit.
(c) The value of lodging provided to
				employees unless the lodging is provided on the employing unit's premises, for
				the employing unit's convenience, and as a condition of employment.
(d) The amount of tips paid to an employee by
				a customer of the employing unit and reported by the employee to the employing
				unit as required by the applicable provisions of the Internal Revenue
				Code.
(e) The value of payments,
				other than those received under a workers' compensation law, provided by a
				third-party insurer on account of sickness or accident disability, or medical
				or hospitalization expenses in connection with sickness or accident disability
				if the employer paid insurance premiums upon which the payments were
				made.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.15 - Separation Notice

Current through Register Vol. 51, No. 14, July 12, 2024
Separation notices shall be requested and submitted in
				  accordance with the Unemployment Insurance Law and COMAR
				  09.32.02.05B.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.15-1 - Report of Work Refusal

Current through Register Vol. 51, No. 14, July 12, 2024
If an employer offers employment to an unemployed individual
				  and the individual refuses the offer, the employer shall notify the Secretary
				  in writing within 15 days after the refusal in order for the refusal to be
				  considered in determining whether the individual is disqualified for
				  benefits.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.16 - Penalties and Interest Assessments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Penalties.
(1) Contribution Reports. An employing unit
				that fails to file a timely contribution report in the prescribed manner shall
				pay a penalty of $35.
(2)
				Employment Reports. An employing unit that fails to file a timely employment
				report in the prescribed manner shall pay a penalty of $35.
(3) Separation Reports. An employing unit
				that fails to file a timely separation report in the prescribed manner upon the
				Secretary's request shall pay a penalty of $15.
(4) Earnings Reports. An employing unit that
				fails to file a timely earnings report in the prescribed manner upon the
				Secretary's request shall pay a penalty of $15.
(5) An employing unit that submits a check or
				other negotiable instrument that is returned for insufficient funds shall pay a
				penalty of $25.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.17 - Refunds and Adjustments

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Application for refunds and adjustments shall be processed in accordance with
				the Unemployment Insurance Law.
B.
				Refunds.
(1) Automatic Refund. In each
				quarter when the Secretary determines that a refund due an employing unit is
				less than $100, the Secretary shall automatically issue a refund to that
				employing unit.
(2) In each quarter
				when the Secretary determines that a refund due an employing unit is $100 or
				over, the refund may be applied to the employing unit's future indebtedness or
				refunded at the employing unit's request.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.18 - Presumption of Employee

Current through Register Vol. 51, No. 14, July 12, 2024
A. Employee.
				A person performing services is presumed to be an employee, regardless of
				whether a common law master and servant relationship exists, unless
				specifically exempted under the Unemployment Insurance Law or these
				regulations.
B. Independent
				Contractor.
(1) To overcome the employee
				presumption, an employing unit shall establish that the person performing
				services is an independent contractor.
(2) The Secretary shall determine that an
				employing unit has established that the person performing services is an
				independent contractor when the conditions in §B(3)(a)-----(c) of this
				regulation are clearly shown.
(3)
				Circumstances evidencing the conditions mentioned in §B(2) of this
				regulation include, but are not limited to, the items listed after each
				condition:
(a) The person has been and will
				continue to be free from the employing unit's control or direction:
(i) The employing unit does not require the
				person to comply with detailed instructions about when, where, and how the
				person is to work,
(ii) The
				employing unit does not train the person to perform the service in a particular
				manner or using a particular method determined by the employing unit,
(iii) The employing unit does not establish
				set hours of work for the person performing the services,
(iv) The employing unit does not establish a
				schedule or routine for the person performing the service,
(v) The employing unit may not discharge the
				person for failure to obey the employing unit's specific instructions on how
				the service is to be performed;
(b) The service is outside the usual course
				of business of the employing unit:
(i) The
				person performs the work off the employing unit's premises,
(ii) The person performs work that is not
				integrated into the employing unit's operation,
(iii) The service performed is unrelated to
				the employing unit's business;
(c) The person performing the service is
				customarily engaged in an independently established business:
(i) Maintains a business listing in the
				telephone directory,
(ii) Has his
				or her own place of business,
(iii)
				Has a financial investment in a related business and can incur a loss in the
				performance of the service,
(iv)
				Has his or her own equipment needed to perform the service,
(v) Determines the price of the service to be
				performed,
(vi) Employs others to
				perform the service,
(vii) Carries
				his or her own liability or workers' compensation insurance, or both,
(viii) Performs the service for more than one
				unrelated employer at the same time,
(ix) Sets his or her own hours,
(x) Is paid by the job.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.18-2 - Covered Employment-Certain Business Entities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sole Proprietorships.
(1) Except as otherwise provided, a person
				performing services for wages for a sole proprietorship is engaged in covered
				employment.
(2) The following
				persons employed by a sole proprietor are not engaged in covered employment:
(a) The sole proprietor;
(b) A spouse of the sole
				proprietor;
(c) Children of the
				sole proprietor under the age of 21; and
(d) Parents of the sole proprietor.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.18-3 - Home Health Care Illustrations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The illustrations in this regulation
				provide guidance for the home health care industry in the application of Labor
				and Employment Article, §
									8-205, Annotated
				Code of Maryland and do not apply to any other State or federal labor
				law.
B. Illustration 1.
(1) Extra Loving Care ("ELC") is a Nursing
				Referral Service Agency ("NRSA") licensed by the Maryland Department of Health
				and Mental Hygiene ("DHMH") pursuant to COMAR 10.07.07. It has a registry of
				certified nursing assistants ("CNAs"), geriatric nursing assistants ("GNAs")
				and licensed practical nurses ("LPNs"). The company verifies that all workers
				do not have a criminal background and are properly licensed before placing them
				on the registry.
(2) Before placing
				a worker on its registry, ELC requires that the worker attend mandatory
				training and receive a list of rules and policies to follow in clients' homes.
				ELC assigns available workers on its registry to clients. ELC sets the workers'
				schedules and requires documentation of the work performed, such as time sheets
				or notes.
(3) ELC determines the
				workers' rates of pay and the workers cannot negotiate pay rates directly with
				ELC's clients. Clients pay ELC and ELC deducts its fee and pays the workers. If
				a client is dissatisfied with a worker, the client contacts ELC directly. Each
				worker must sign an agreement with ELC that restricts his or her ability to
				enter into employment agreements with ELC's clients, past or present.
(4) The workers on ELC's registry are
				employees of ELC.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.19 - Employment Not Covered when Services Performed for Certain Religiously Affiliated Organizations

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				is not engaged in covered employment when the person is employed by a church or
				convention or association of churches.
B. A person is not engaged in covered
				employment when the person is employed by an organization which is:
(1) Operated, supervised, controlled, or
				principally supported by a church or convention or association of churches;
				and
(2) Operated primarily for
				religious purposes.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.20 - Covered Employment when Service Is Not Performed Entirely within the State

Current through Register Vol. 51, No. 14, July 12, 2024
A. Localized
				Service. A person is engaged in covered employment in the State when the
				person's service is localized within the State. Service is localized when it is
				performed:
(1) Entirely within the
				State.
(2) Both within and outside
				the State, but the service performed outside the State is incidental to the
				service performed within the State. Service is incidental if it is temporary or
				transitory in nature, or consists of isolated transactions.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.21 - Successor Determinations Under Sections 8-613- and 8-614

Current through Register Vol. 51, No. 14, July 12, 2024
A. Common
				ownership, management, or control exists between the successor employer and the
				predecessor employer when any person serves in any of the following positions
				in both the predecessor and successor employer:
(1) Sole proprietor, which includes spouse,
				children, and parents of a sole proprietor;
(2) Partner of a partnership;
(3) Member of a limited liability
				company;
(4) Chief Executive
				Officer;
(5) Chief Financial
				Officer;
(6) Any corporate officer;
				or
(7) Any shareholder owning,
				directly or indirectly, more than 50 percent of a corporation's
				stock.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.22 - Transfer of Operations from Another State

Current through Register Vol. 51, No. 14, July 12, 2024
A. The transfer of a business from another
				state to this State within the meaning of the Unemployment Insurance Law occurs
				only when an operation maintained by an employing unit in another state has
				been closed, discontinued, or curtailed, in whole or in part, and that same
				operation is transferred into Maryland. The opening of new branches, new
				offices, or new retail outlets in this State does not constitute a
				transfer.
B. In order to invoke the
				provisions of the Unemployment Insurance Law relating to an employer who
				transfers operations from another state in which the employer has had at least
				3 years experience immediately preceding the transfer to this State, the
				employer shall submit the following on forms prescribed by the Secretary:
(1) Within 120 days of the transfer, written
				notice specifying the nature of the operations transferred and the state in
				which they were previously performed.
(2) Within 60 days from the date of this
				notice, a certification from the unemployment insurance agency of the state
				from which the employer's operations were transferred certifying all
				information required by the Unemployment Insurance Law for calculating an
				earned rate in this State, and any other additional information required by the
				Secretary. The certificate shall include information identifying wages paid in
				the other state together with the employer's annual payrolls and benefit
				charges as defined in the Unemployment Insurance Law, for the 3 years
				immediately preceding this computation date as defined in the Unemployment
				Insurance Law.
(3) Upon the request
				of the Secretary, a certification from the other state containing all the
				information that the Secretary requires relating to benefit charges for the 12
				consecutive month period preceding each subsequent computation date on the
				basis of wages paid in the other state. When this information is required, the
				employer shall furnish it not later than 60 days after the Secretary's
				request.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.23 - Common Paymasters

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definitions.
(1) For the purpose of this
				regulation, "related corporation" means a member of a controlled group of
				corporations as the term is defined in the Internal Revenue Code.
(2) For purposes of this regulation, an
				individual is considered "concurrently employed" by two or more related
				corporations if the individual performs services for covered wages for the
				common paymaster for some portion of each calendar year.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.24 - Deletion of Wages-Aggravated Misconduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a claimant is disqualified from
				receiving benefits for reasons determined to constitute aggravated misconduct
				under the Unemployment Insurance Law, wages from the base period employer
				against whom the aggravated misconduct was committed shall be deleted as set
				forth in §B of this regulation.
B. Wages shall be deleted for:
(1) Only the employing unit from which the
				claimant was discharged or suspended for reasons which are determined to
				constitute aggravated misconduct in connection with the work; and
(2) Any benefit years beginning with and
				following the disqualification for discharge or suspension for reasons which
				constitute aggravated misconduct in connection with the work, except that if
				the benefit year has been established before the date of the discharge or
				suspension, the deletion takes effect beginning with the week of the
				disqualification.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.25 - Unemployment Insurance Tax Preparers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition and Scope.
(1) Definition. "Unemployment insurance tax
				preparer" means a person who files quarterly unemployment insurance
				contribution reports on behalf of employing units for compensation.
(2) Scope. Sections B-----D of this
				regulation apply to unemployment insurance tax preparers who file on behalf of
				100 or more employing units.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.01 - Obligations of Employers › Section 09.32.01.26 - Professional Employer Organizations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Professional Employer Organization.
(1) "Professional employer organization"
				means an employing unit which places all or part of a client company's workers
				on its payroll or payrolls and, by written agreement, assigns or leases the
				workers to the client company.
(2)
				"Professional employer organization" does not mean a temporary help firm within
				the meaning of this subtitle.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out the registration and reporting
				  requirements and procedures for individuals applying for unemployment insurance
				  benefits.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Appointment" means reporting:
(a) By telephone, at a scheduled date and
				time, and at the telephone number provided by the claimant to the Secretary;
				or
(b) In person at a specific
				date, time, and place.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.03 - Claims for Total Unemployment

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Claims Generally. Except as otherwise provided, to file an initial or reopened
				claim for benefits, an individual shall report as instructed by the
				Secretary.
B. A claimant who earns
				gross wages in 1 week equal to or more than the claimant's weekly benefit
				amount may not file subsequent continued claims for total unemployment, but
				shall file an initial claim in order to claim subsequent benefits.
C. Initial and Reopened Claims. Except as
				otherwise provided, the:
(1) Effective date
				of an initial or reopened claim is the first day of the week in which an
				individual reports, registers, and files the initial or reopened claim as
				instructed by the Secretary;
(2)
				Claimant shall file initial or reopened claims in the manner and time frame
				prescribed by the Secretary;
(3)
				Secretary may direct that an initial or reopened claim be filed:
(a) By telephoning an office designated by
				the Secretary,
(b) By electronic
				means, to a site designated by the Secretary,
(c) By mailing, by first class mail, required
				documents to an office designated by the Secretary, or
(d) In person by reporting to an office
				designated by the Secretary;
(4) Eligibility of an individual for benefits
				may not be determined until the individual provides a valid Social Security
				number.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.04 - Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Notification of Reporting Requirements. A claimant shall be notified in writing
				of the reporting requirements upon the filing of an initial or reopened claim
				and, if requested to do so, shall acknowledge the notification.
B. Continued Claims.
(1) Except as otherwise provided, following
				an initial or reopened claim, a claimant shall file continued claims in the
				manner required by the Secretary.
(2) The Secretary may instruct a claimant to
				file a continued claim by:
(a) Telephoning
				the Department's interactive voice response unit
(b) Electronic
				means.
(3) Continued
				claims shall be filed in the manner required by the Secretary not sooner than
				the Sunday immediately following the close of the week for which benefits are
				claimed and within the time allowed under §B(5) of this regulation.
(4) If appropriate, an open -week
				shall be created for the first week which includes the date on which the
				initial or reopened claim was filed. Following the first week, the claimant
				shall file a continued claim on a -weekly basis. If appropriate, the next open
				week to be filed shall be made available to the claimant upon the receipt of
				the preceding continued claim.
(5)
				Timely Filing.
(a) Continued claims shall be
				filed and received no later than 5 p.m. on the Friday folio-wing the week for
				which benefits are claimed in order to be timely . Late continued claims shall
				be considered timely only if the Department's error caused the claimant not to
				receive the claim forms or the claimant did not file a claim in reasonable
				reliance on an invalid agreement to waive, release, or commute the claimant's
				rights to benefits as prohibited by the Unemployment Insurance Law.
(b) If the Secretary receives an untimely
				continued claim, the Secretary shall schedule the claimant for an appointment
				for a fact-finding interview pursuant to §C of this regulation.
(c) A claimant who fails to file a timely
				continued claim shall file an initial or reopened claim by telephoning an
				office designated by the Secretary, by electronic means, or by reporting in
				person to an office designated by the Secretary to reactivate the claim. Any
				-weeks requested after filing an untimely continued claim but before
				reactivating the claim shall be denied.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.04-1 - Claimant Reemployment Assistance Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall establish criteria for
				a profiling system to identify claimants who are likely to exhaust unemployment
				insurance benefits and who will need reemployment assistance services to make a
				successful transition to new employment.
B. When the Secretary determines that a
				claimant is likely to exhaust unemployment insurance benefits and will need
				reemployment assistance services to make a successful transition to new
				employment, the Secretary may schedule the claimant for appointments for
				reemployment assistance services. Reemployment assistance services may include:
(1) Job search assistance;
(2) Job placement;
(3) Counseling;
(4) Testing;
(5) Providing occupational and labor market
				information;
(6) Evaluations and
				assessments;
(7)
				Workshops;
(8) Job clubs;
(9) Referrals to employers; and
(10) Related services.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.05 - Separation Notices

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary
				shall request on appropriate forms information pertaining to the separation of
				claimants from employment.
B. When
				a claimant files a new claim, the Secretary shall request separation
				information from the claimant's base period employers and the claimant's other
				employers from the end of the base period to the filing of the claim. Each
				employer shall indicate on the separation notice the:
(1) Reason for the claimant's separation from
				employment;
(2) Last day that the
				claimant worked for that employer;
(3) Amount and form of any pension pay to
				which the claimant may be entitled, and whether the claimant contributed to the
				pension;
(4) Amount of any holiday
				pay, vacation pay, severance pay, or special pay paid or payable by the
				employer;
(5) Claimant's last
				weekly or hourly pay rate; and
(6)
				Other information that the Secretary may request.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.06 - Claims during Temporary Mass Layoff

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition. "Mass layoff" means the layoff
				from work of 25 or more workers in a single establishment for an expected
				duration of 7 days or more, at the same time, and for the same
				reason.
B. Advance Knowledge. When
				the employer has advance knowledge of an expected mass layoff, the employer
				shall file with the Secretary a notice of the layoff 48 hours before the
				beginning of the layoff. This notice shall substitute for individual separation
				notices. The notice shall state:
(1) The date
				of the layoff;
(2) The reason for
				the layoff;
(3) The names and
				Social Security numbers of the employees affected, in Social Security number or
				alphabetical sequence;
(4) The
				amount and form of any pension pay to which an employee may be entitled, and
				whether the employee contributed to the pension;
(5) The amount of any vacation pay, holiday
				pay, severance pay, or special pay paid or payable by the employer;
(6) Any wage continuation as defined in
				Regulation .13 of this chapter; and
(7) Each employee's last weekly or hourly pay
				rate.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.07 - Work Search Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
A. Ten
				Week Exemption.
(1) The Secretary shall
				exempt only from the "actively seeking work" eligibility condition a claimant
				who, at the time the claimant files an initial claim, provides a definite
				return-to-work date to the same employer that is within 10 weeks of the last
				day of employment, if the:
(a) Return-to-work
				date is verified by that employer; and
(b) Layoff is as a result of vacation,
				inventory, or any other purpose causing unemployment, except a labor
				dispute.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.07-1 - Qualified Individual with a Disability

Current through Register Vol. 51, No. 14, July 12, 2024
For purposes of determining whether a claimant is able to
				  work under §8-903 of the Unemployment Insurance Law, the term "qualified
				  individual with a disability" as used there has the same meaning as it does
				  under the Americans With Disabilities Act,
				  42 U.S.C. §
										12111.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.07-2 - Temporary Help Firm Former Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. This regulation does not
				apply to claimants granted work-search exemptions under Regulation .07 of this
				chapter.
B. Definitions.
(1) In this regulation, the following terms
				have the meanings indicated.
(2)
				Terms Defined.
(a) "Temporary help firm"
				means an entity that assigns its own employees to perform services for clients
				on a nonpermanent basis.
(b) "First
				week claimed" means the first week of benefits claimed in an initial
				claim.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.08 - Claims During Labor Dispute

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Notice by Employer.
(1) Immediately upon
				notice by the union of its intent to strike or the beginning of a labor
				dispute, the employer shall notify the Secretary of the existence of this
				dispute.
(2) Within 48 hours after
				the beginning of the dispute, the employer shall file with the Secretary a list
				stating the:
(a) Name, title, email address,
				telephone number, and address of the employer's representative;
(b) Name, title, email address, telephone
				number, and address of the union's representative;
(c) Last day of work of the employees who are
				not working as a result of the alleged labor dispute;
(d) Names and Social Security numbers of the
				employees who are participating in the dispute in Social Security number or
				alphabetical sequence; and
(e)
				Names and Social Security numbers of employees, in numerical or alphabetical
				order, who are not participating in the dispute but who are laid off by the
				employer as a result of the dispute.
(3) The list in §A(2) of this regulation
				shall substitute for individual separation notices for the listed
				employees.
(4) When the dispute is
				over or the employees have returned to work, the employer shall so advise the
				Secretary.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.09 - Claims for Partial Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definition. A claimant shall be eligible for partial benefits for any week in
				which the claimant:
(1) Performed services
				for wages;
(2) Earned less in
				gross wages than the claimant's weekly benefit amount plus any allowance for a
				dependent to which the claimant is entitled under the Unemployment Insurance
				Law; and
(3) Meets all of the
				requirements set forth in the Unemployment Insurance Law.