reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 20 - UNEMPLOYMENT FRAUD OR MISREPRESENTATION BY CLAIMANTS › Section 172-20-2 - Investigation of cases of potential unemployment fraud or misrepresentation

Current through 2024-29, July 17, 2024
The following procedures shall be used in the investigation
				  of claims involving potentialun employment fraud or misrepresentation.
A. Obtaining documentary evidence. Prior to
				interviewing the claimant, the deputy shall obtain all available
				documentation.
B. Scheduling the
				interview. The deputy shall notify the claimant in writing of the date and time
				that the fact-finding interview will be held. Such notice shall be sent to the
				claimant's last known or given address, and shall include the following
				information: date, time and location of the interview; the facts which are
				known to the bureau; the claimant's right to request a postponement; the
				claimant's right to provide written information; the amount of any potential
				overpayment; and the consequences of a finding of unemployment fraud or
				misrepresentation. The interview will be scheduled no earlier than ten (10)
				days after the mailing date of the notice. If the notice is returned to the
				deputy because it cannot be delivered by mail, the deputy shall review all
				available records in order to determine if the address on the notice is the
				correct one. If another address is found, a new notice will be mailed to the
				claimant at such other address.
1. In-person
				interview. If the interview will be conducted in person, the notice will
				include the location of the interview.
2. Telephone interview. If the interview will
				be conducted by telephone, the notice will include the telephone number at
				which the claimant will be called, the time frame during which the claimant
				will be called, and the deputy's telephone number. In addition, a copy of all
				documentary evidence which the deputy has related to the potential unemployment
				fraud or misrepresentation will be forwarded to the claimant prior to the
				interview.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 20 - UNEMPLOYMENT FRAUD OR MISREPRESENTATION BY CLAIMANTS › Section 172-20-3 - Period of ineligibility

Current through 2024-29, July 17, 2024
For purposes of subsection 6 of section 1193 of the
				  Employment Security Law, where the deputy determines that unemployment fraud or
				  misrepresentation has occurred, and it is the first or second
				  occurrence
,
the period of ineligibility will be not
				  less than six (6) months nor more than one (1) year from the mailing date of
				  the determination. In the case of a third occurrence, the claimant shall be
				  disqualified from receiving benefits for a period of time to be determined by
				  the Commissioner of Labor. The ineligibility for a third occurrence shall be
				  for an indefinite time period unless the claimant submits a written request to
				  the Commissioner seeking that the period of ineligibility be shortened or
				  rescinded. The Commissioner will render a written determination. The length of
				  the period of ineligibility is discretionary, and will be determined after a
				  total consideration of all factors which are involved in the case, including
				  but not limited to, the following:
A.
				Number of weeks of violation.
B.
				Amount of earnings which were unreported.
C. Whether the claimant failed to report any
				earnings at all, or under-reported his or her earnings.
D. Reason for failure to report any
				earnings.
E. Whether an unreported
				separation or false report of the reason for separation was involved.
F. The amount of the overpayment.
G. The existence of any previous final
				determination(s) of unemployment fraud or misrepresentation involving the
				claimant.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 20 - UNEMPLOYMENT FRAUD OR MISREPRESENTATION BY CLAIMANTS › Section 172-20-4 - Redeterminations

Current through 2024-29, July 17, 2024
If a determination which is rendered under subsection 6 of
				  section 1193 of the Employment Security Law is redetermined in order to correct
				  the period of ineligibility, then the period of ineligibility will be changed
				  in order to make the correction. If the redetermination is not the result of an
				  incorrect period of ineligibility, then the period of ineligibility will not be
				  changed in the redetermination.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 20 - UNEMPLOYMENT FRAUD OR MISREPRESENTATION BY CLAIMANTS › Section 172-20-5 - Overpayment not due to unemployment fraud or misrepresentation

Current through 2024-29, July 17, 2024
For purposes of subsection 10 of section 1194 of the
				  Employment Security Law, the term "error" may include, but will not be limited
				  to, the following situations which shall not constitute unemployment fraud or
				  misrepresentation:
A. An error in
				identity.
B. In the absence of
				evidence of knowledge of falsity or knowing failure to disclose, a claimant's
				erroneous report of his or her earnings amount.
C. An error in computing the amount
				payable.
D. A claim that was paid
				which should not have been paid until a determination of the claimant's
				eligibility for that payment had been made.
E. Payment of a full or reduced benefit check
				due to a data entry error.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 21 - PENSION PAYMENTS › Section 172-21-1 - Pension Payments

Current through 2024-29, July 17, 2024
Under subsection 9 of section 1193 of the Employment Security
				  Law, certain periodic payments which individuals receive will reduce, but not
				  below zero, the amount of unemployment benefits which that individual is
				  entitled to receive for that week. Such periodic payments will affect claims
				  which are filed for the period in which the periodic payment is actually
				  received, without regard to the period for which the periodic payment is
				  designated as being paid. If a periodic payment is paid for a period in the
				  past, the benefit payments which were made for that period shall not be
				  reconsidered. Pension payments will include, but not be limited to, the
				  following:
A. Private employer pension
				plan. This is a pension plan which is maintained by a private
				(non-governmental) employer for its own employees.
B. Pensions for former government
				(nonmilitary) employees. These are plans which are maintained by the state or
				municipal governments and the government of the United States for retirement
				and disability retirement payments.
C. Military pension. This is retirement pay
				which is paid to former military service personnel, based on years of service.
				For purposes of this subsection, a service-connected disability payment which
				is based on a disability and is not based on years of service would not be
				deducted from an individual's benefits.
D. Social Security benefits. These are
				payments which are made by the United States government under the Social
				Security Administration.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 21 - PENSION PAYMENTS › Section 172-21-2 - Determining employer's contribution

Current through 2024-29, July 17, 2024
For purposes of subsection 9 of section 1193 of the
				  Employment Security Law, when both the individual and a base period or
				  chargeable employer made contributions to the retirement pension plan, the
				  following procedure will be used in order to determine the employer's
				  percentage of the contributions to the plan:
A. Step 1: Subtract the employee's
				contributions to the plan from the established annuity value as determined by
				the employer or the employer's pension administrator.
B. Step 2: Divide the employer's
				contributions by the established annuity value.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 21 - PENSION PAYMENTS › Section 172-21-4 - Pension based on Military Service

Current through 2024-29, July 17, 2024
If an individual performed military service in his base
				  period, and his is receiving military retirement pay which is based on the
				  completion of the necessary number of years of service, his benefits would be
				  reduced by such military retirement pay.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 23 - DISLOCATED WORKER BENEFITS

Current through 2024-29, July 17, 2024
1. For purposes of
			 paragraph B of subsection 5 of section 1043 and paragraph A of subsection4 of
			 Section 1191 of the Employment Security Law, the following terms shall have the
			 following meanings:
A. "Enrolled in a
			 training program" means that a person must be enrolled in and actively
			 attending a training program.
1. "Actively
			 attending" means actual participation in one or more days of scheduled training
			 during a week in which training is scheduled. Individuals will be considered
			 actively attending training during scheduled semester breaks or
			 holiday/vacation recess periods which do not exceed eight weeks.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 24 - APPROVED TRAINING › Section 172-24-1 - Applicability

Current through 2024-29, July 17, 2024
Subsections 6 and 6-C of section 1192 of the Employment
				  Security Law authorize the Commission to approve training for claimants who are
				  eligible for unemployment compensation or dislocated worker benefits. Upon the
				  Commission's approval of such training, a claimant who is otherwise eligible
				  for unemployment compensation benefits shall not be denied such benefits for
				  any week due to the availability and work search requirements of subsection
				  3 of section 1192, nor for refusal to
				  accept work under subsection
				  3 of section 1193. In addition, a
				  dislocated worker, as defined in section 1196, of the Employment Security Law
				  who is eligible for additional benefits under subsection
				  4(A) of section 1191,
				  may not be denied benefits because the individual is in training approved by
				  the Commission, nor may that individual be denied benefits by reason of leaving
				  work to enter such training, provided that the work left is not suitable
				  employment. For purposes of approving training requests in accordance with
				  subsection 6 and 6-C of section 1192, the Commission shall use the procedures
				  and standards set forth herein.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 24 - APPROVED TRAINING › Section 172-24-2 - Application for approval

Current through 2024-29, July 17, 2024
A. Upon written
				application, the Commission will consider granting prior approval of training
				programs to training agencies and will consider granting individual requests
				for training to claimants.
B. The
				training agency requesting prior approval of a training program and the
				claimant making an individual request for training must provide the Commission
				with the following information, as appropriate:
(i) Whether the claimant is claiming
				unemployment compensation or dislocated worker benefits;
(ii) The name and address of the training
				program;
(iii) A complete
				description of the training program;
(iv) The location of the training program and
				the length of the program, including beginning and ending dates;
(v) The number of people enrolled in the
				training program;
(vi) Information
				regarding the availability of employment following completion of the training
				program, including the program's successful placement rate, if
				available;
(vii) A list of
				recognized authorities which have accredited, certified, licensed, or approved
				the program;
(viii) The amount of
				remuneration, if any, claimant is receiving or will receive for time spent in
				the training program, including the amounts and sources of any types of
				financial aid or stipends;
(ix)
				Whether the training program is a regular part of an accredited educational/
				vocational curriculum for high school or post-secondary education;
				and
(x) Any other information
				deemed relevant by the Commission.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 24 - APPROVED TRAINING › Section 172-24-3 - Approval

Current through 2024-29, July 17, 2024
A. The Commission will approve training
				requests only if:
(i) The program provides
				training for occupations that are stable or subject to growth in their areas
				based on an assessment of local economic factors performed by the Maine
				Department of Labor, Division of Economic Analysis aid Research, at the
				Commission's request. All occupations included in the Maine Department of
				Labor's most recent edition of the publication "Selected Occupational
				Information for Employment and Training Program Design" for the appropriate
				county or counties shall be deemed to be stable occupations subject to growth
				in their areas. If the Division of Economic Analysis and Research is unable to
				perform the assessment, the applicant may be permitted to make the necessary
				showing through the presentation of credible evidence; and
(ii) Attendance in the proposed training
				necessarily interferes with the claimant's ability to conduct a work search and
				his or her availability for or ability to accept full time employment in
				accordance with subsection 3 of section 1192 of the Employment Security Law;
				and
(iii) The program is and
				remains accredited, certified, licensed, or approved by a recognized
				authority.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 24 - APPROVED TRAINING › Section 172-24-4 - Effective date, Termination, and Continuation

Current through 2024-29, July 17, 2024
A. Commission approval of claimants' requests
				for training shall become effective immediately or, in the event that approval
				is granted after the start date of the training program, then on such start
				date, but in no case shall approval be effective more than thirty days before
				the program start date. Approval shall terminate immediately upon completion of
				the training program or when the claimant, without good cause, fails to begin
				participation, ceases participation, or fails to make satisfactory progress in
				the program. Satisfactory progress shall be as determined by the training
				provider.
B. All claimants in
				approved training programs shall provide evidence of satisfactory completion of
				the training to the Director of Unemployment Compensation immediately upon
				completion. All such claimants shall notify the Director of Unemployment
				Compensation whenever the enrollment, attendance, or completion of the approved
				training changes from that originally represented to the Commission.
C. Training agencies receiving prior approval
				of a training program shall have an affirmative duty to notify the Director of
				Unemployment Compensation whenever a claimant's enrollment, attendance, or
				completion of the approved training changes. Failure to so notify may result in
				the immediate withdrawal of program approval, in the discretion of the
				Commission.
D. The exemption from
				the requirement to seek work, as contained in subsections 6, 6-A, 6-B, 6-C, and
				6-D of section 1192 of the Employment Security Law and pursuant to Chapter 10,
				subsection l(B) of these rules, shall apply to claimants during holiday or
				vacation recess periods which occur within a normal training or academic
				program year. In addition, such exemption shall apply to claimants who are
				enrolled in training and who either have not yet begun training or are not
				currently participating in training because of a break between training
				components. This exemption from the work search requirement may not apply to
				periods which are more than eight (8) weeks in duration. It will be the
				responsibility of the claimant to provide documentation of enrollment in
				training.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 25 - EMPLOYEE LEASING COMPANIES › Section 172-25-1 - Employer notices, records, contributions and other payments, and reports

Current through 2024-29, July 17, 2024
Employee leasing companies are subject to the requirements in
				  sections 1043, 1082 and 1221 of the Employment Security Law and Chapter 2 of
				  the Rules Governing The Administration Of The Employment Security Law regarding
				  employer notices, records, contributions and other payments, and
				  reports.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 25 - EMPLOYEE LEASING COMPANIES › Section 172-25-2 - Employment and covered services

Current through 2024-29, July 17, 2024
A. Coverage of
				services performed for a client company by leased employees shall be determined
				under section 1043(11) of the Employment Security Law without regard to an
				employee leasing contract or arrangement.
B. An employee leasing contract or
				arrangement will not extend coverage under the Employment Security Law to
				proprietors of, principals, or partners in, a client company.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 25 - EMPLOYEE LEASING COMPANIES › Section 172-25-3 - Taxable Wages

Current through 2024-29, July 17, 2024
A. Wages paid to
				leased employees shall be determined as defined in section 1043(11) and section
				1043(19) of the Employment Security Law without regard to the employee leasing
				contract or arrangement.
B. Wages
				paid to a leased employee who works for more than one client company and for
				other employers shall, for each client company and employer, be determined in
				accordance with section 1043(19)(A).
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 25 - EMPLOYEE LEASING COMPANIES › Section 172-25-4 - Records and reports

Current through 2024-29, July 17, 2024
A. In addition to
				records and reports required by the commissioner under section 1082(7) of the
				Employment Security Law, an employee leasing company shall provide the bureau
				with a list that identifies each client company with which it has a contract or
				arrangement. The list shall contain the following information for each client
				company:
1. Name
2. Address
3. Federal Identification Number
4. The name of a responsible individual with
				management authority for the client company.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 25 - EMPLOYEE LEASING COMPANIES › Section 172-25-5 - Experience Rating Records

Current through 2024-29, July 17, 2024
A. The bureau shall
				establish and maintain an account of experience rating record for an employee
				leasing company in accordance with Section 1221(3) and 1221(4). The leasing
				company's experience rating record will include all taxes paid, all benefits
				charged to its account and all taxable wages reported by the leasing company
				for the employees of the leasing company and employees leased to its client
				companies. All taxes paid, all benefits charged to its account, and all taxable
				wages reported that accumulated in the experience rating record of the employee
				leasing company shall remain in its account and shall be used to calculate the
				experience rate of the employee leasing company without regard to the
				termination of a client company or companies leasing contract or
				arrangement.
B. Whenever an
				employee leasing contract or arrangement with a client company is terminated,
				the bureau shall determine if the client company had an experience rating
				record prior to entering into the employee leasing contract or arrangement. If
				the bureau determines that the client company had an experience rating record
				established prior to entering an employee leasing contract or arrangement and
				the client company has not paid wages within 12 consecutive calendar quarters
				following the last calendar quarter in which it paid wages, its experience
				rating record shall not be reinstated. Taxes paid, benefits charged, and
				taxable wages reported by the employee leasing company for employees leased to
				the client company shall not be included in the experience rating record of the
				client company.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 25 - EMPLOYEE LEASING COMPANIES › Section 172-25-6 - Liability

Current through 2024-29, July 17, 2024
Each client company is jointly and severally liable for
				  unpaid contributions, interest and penalties due from the employee leasing
				  company for wages paid to employees leased to the client company. The bureau
				  shall not be required to exhaust all collection methods against the employee
				  leasing company for unpaid contributions, interest and penalties due from the
				  leasing company. It may collect amounts due from a client company after the
				  leasing company has failed to pay amounts when due.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 25 - EMPLOYEE LEASING COMPANIES › Section 172-25-7 - Appeals

Current through 2024-29, July 17, 2024
A. An employee leasing company may appeal
				determinations by the Director of Unemployment Compensation, the commission, or
				the commissioner's designated representative that include it, or its client
				companies, to the same extent as employers.
B. A client company may appeal only those
				determinations by the Director of Unemployment Compensation, the commissioner,
				or the commissioner's designated representative that include issues pertaining
				to its liability for, or the employee leasing company's liability for its:
				unpaid contributions, interest, payroll penalties, and contribution penalties,
				or to the same extent as employers for determinations that included issues
				pertaining to one or more of its leased employees.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 26 - WAIVERS › Section 172-26-1 - Definitions

Current through 2024-29, July 17, 2024
For purposes of this subsection and of subsection
				  5 of section 1051 of the Employment
				  Security Law, the following term shall have the following meanings:
A. "Bureau" means the Bureau of Unemployment
				Compensation, which administers this Rule pursuant to
				26 M.R.S.
				§1082(1).
B. "Amounts erroneously paid" means benefit
				payments made to a claimant to which, as a result of a later determination,
				reconsidered determination, redetermination, or decision by a deputy, the
				Division of Administrative Hearings, the commission, or a court, the claimant
				was not eligible or qualified for benefits.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 26 - WAIVERS › Section 172-26-2 - Notice

Current through 2024-29, July 17, 2024
Requests for Waiver of Repayment of Erroneously Paid
				  Benefits. Whenever a decision of the Unemployment Insurance Commission
				  ("Commission") or the Division of Administrative Hearings or a deputy
				  establishes that amounts have been erroneously paid to a claimant, such
				  decision shall include a notice to the claimant of his or her right to request
				  waiver of repayment of the erroneously paid benefits. The notice shall include
				  instructions as to the method of requesting the waiver. Such notice will also
				  be included in demands for repayments of erroneously paid
				  benefits.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 26 - WAIVERS › Section 172-26-3 - Criteria for granting a waiver of repayment of amounts erronousely paid

Current through 2024-29, July 17, 2024
The Bureau may grant a waiver of repayment of amounts
				  erroneously paid when two criteria are found:
1. the claimant is without fault
				and
2. when such recovery would
				defeat the purpose of benefits otherwise authorized or would be against equity
				and good conscience.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 26 - WAIVERS › Section 172-26-4 - Criteria for determining whether the overpayment is due to the fault of the claimant, thus disqualifying the claimant from a waiver of overpayment

Current through 2024-29, July 17, 2024
A. Acceptance of a payment which the claimant
				knew, or should reasonably have been expected to know, was incorrect will
				constitute fault on the claimant's part. In determining whether a claimant is
				at fault, the Bureau shall consider all pertinent circumstances, including the
				claimant's age and intelligence as well as any physical, mental, educational,
				or linguistic limitations (including any lack of facility with the English
				language). A good faith mistake of fact by the claimant in the filing of a
				claim for benefits that results in an overpayment of benefits does not
				constitute fault.
B. Unless
				individual circumstances show otherwise, the following will be considered to be
				fault:
1. claimant made false or misleading
				statements;
2. claimant failed to
				be able and available without compelling reasons beyond the claimant's
				control;
3. claimant failed to
				report earnings;
4. claimant failed
				to fulfil the work search requirement;
5. claimant failed to attend WPRS, RESEA, REA
				or other required or mandated reemployment services; or
6. claimant refused an offer of suitable work
				without reasonable basis.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 26 - WAIVERS › Section 172-26-5 - Criteria for determining whether recovery of the overpayment would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience

Current through 2024-29, July 17, 2024
A. The Bureau has
				the discretion to find that requiring repayment of an overpayment to be against
				equity and good conscience after considering the totality the circumstances
				surrounding the overpayment.
B. The
				Bureau may find that repayment would be against equity and good conscience
				because recovery of the overpayment would cause financial hardship to the
				claimant considering factors to be including, but are not limited to, the
				income of the claimant, the claimant's household income, the claimant's
				expenses and debts, and liquid assets of the claimant.
C. The Bureau may presume financial hardship
				in the following instances:
1. if the claimant
				self-attests that they are currently recipients of SNAP, TANF, Heap, MaineCare
				(includes having a dependent child on MaineCare), SSI or SSDI.
2. if the claimant's income is below 185% of
				the Federal Poverty level.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 26 - WAIVERS › Section 172-26-6 - Interested Parties

Current through 2024-29, July 17, 2024
The claimant requesting waiver of repayment of amounts
				  erroneously paid shall be the only interested party to the waiver
				  determination.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 26 - WAIVERS › Section 172-26-7 - Application for Waiver of Overpayment

Current through 2024-29, July 17, 2024
A. At any
				time that the Bureau issues a Deputy Decision that creates an overpayment of
				benefits, the adjudicator may issue a waiver of repayment of such overpayments
				at the same time if the conditions set forth herein are met. The Bureau is not
				required to undertake this review.
B. A claimant may request a waiver of an
				overpayment once a decision is final by submitting a waiver request to the
				Bureau through the form or mechanism set forth in the Notice in Section
				2. A waiver request will not be
				considered if a decision is on appeal and the overpayment is not yet
				final.
C. There is no deadline for
				request of a waiver of repayment.
D. A claimant who has been denied a waiver
				may submit a subsequent waiver request, if circumstances change.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 26 - WAIVERS › Section 172-26-8 - Decision

Current through 2024-29, July 17, 2024
The Bureau, after considering the claimant's request for
				  waiver, shall issue a written decision setting forth the reasons for its
				  decision which shall be sent to the claimant or to the claimant's
				  representative of record. The Bureau's decision shall be one of the following
				  alternatives:
A. Approve waiver of
				repayment of the entire amount erroneously paid;
B. Approve waiver of a specified portion of
				the erroneously paid amount, with the balance not so waived to be collected
				under one of the following remaining alternatives; or
C. Deny waiver of all or part of the
				repayment, and require repayment via:
1.
				Deduction of future benefits payments to the claimant in the amount specified
				in section 1051 of the Employment Security Law; or
2. Other methods of collection available to
				the commissioner as set forth in subsections
				6 and 8 of section 1051 of the
				Employment Security Law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 26 - WAIVERS › Section 172-26-9 - Future Benefit Deductions

Current through 2024-29, July 17, 2024
A. The Bureau, in
				accordance with
				26
				M.R.S.A. section1051(5) and
				this Rule may determine, upon a claimant's request for a waiver, that
				collection of an erroneous payment of benefits may be by offset of future
				benefits. Such a determination will prevent further collection of the
				overpayment under
				26
				M.R.S.A. section1051(6) and
				36 M.R.S.A. Chapter 831 relating to income tax setoffs. It will not, however,
				prevent further collection under
				26
				M.R.S.A. section1051(8)
				relating to the setoff of lottery winnings.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 26 - WAIVERS › Section 172-26-10 - Right of Appeal

Current through 2024-29, July 17, 2024
A claimant may appeal a denial of a waiver of repayment of
				  errnoeuous payment to the Division of Administrative Hearings and to the
				  Unemployment Insurance Commission in accordance with the procedure and
				  deadlines for appealing a benefit determination, in accordance with
				  26 M.R.S.
				  1194 (2),(3) and (5). A
				  denial of a waiver of repayment of erroneous payment will include notice of the
				  right to appeal and the mechanism for such appeal. A claimant does not have the
				  right to appeal a decision by the bureau not to grant a waiver at the time of
				  the issuance of the Deputy Decision creating the waiver in accordance with
				  Section 7. A. above, in the
				  absence of a request for a waiver by the claimant.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 27 - WORKSHARE PROGRAM › Section 172-27-1 - Definitions

Current through 2024-29, July 17, 2024
A. "Affected unit" means a specified plant,
				department, shift or other definable unit consisting of 2 or more eligible
				employees to which a WorkShare plan applies. Employees in the same
				classification, job title, functional unit, and/or skillset should be in the
				same unit.
B. "Commissioner" means
				the Commissioner of the Department of Labor or the commissioner's
				designee.
C. "Eligible employee"
				means an individual who usually works for the eligible employer submitting a
				WorkShare plan.
D. "Eligible
				employer" means a public or private employer who submits a WorkShare plan that
				is approved by the Commissioner pursuant to the requirements set forth in this
				rule.
E. "End date" shall coincide
				with the end of the last full benefit week within the
				12th full calendar month after the effective date of
				the plan, or on the date specified in the plan if that date is earlier, unless
				the plan is previously revoked by the commissioner.
F. "Fringe benefits" includes, but is not
				limited to, health insurance, retirement benefits, paid vacation and holidays,
				sick leave and similar advantages that are incidents of employment.
G. "Good cause" includes, but is not limited
				to, failure to comply with assurances given in the WorkShare plan, unreasonable
				revision of productivity standards for the affected unit, conduct or
				occurrences tending to defeat the intent and effective operation of the plan
				and violation of any criteria on which approval of the plan was
				based.
H. "Intermittent employment"
				means employment that is not continuous but may consist of intervals of weekly
				work and intervals of no weekly work or annually reoccurring reductions of work
				at a year- round business that has not been determined seasonal.
I. "Seasonal employment" means employment in
				seasonal industries within the determined seasonal period as set forth in
				26 M.R.S.
				§1198.
J. "Substantial change." For the purpose of
				Subsection 6 of the Law, a change or modification is "substantial" if that
				modification further reduces the approved plan reduction of work hours more
				than 10% for more than two weeks or changes the employees named in the approved
				WorkShare plan. A modification involving substantial change must be reviewed
				and approved by the department before implementation. No plan modification
				approval is required for a change that returns the participating employees to
				full time employment.
K. "Usual
				weekly hours of work" means the usual hours of work for full-time or part-time
				employees in the affected unit when that unit is operating on its regular
				basis, not to exceed forty hours and not including hours of overtime
				work.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 27 - WORKSHARE PROGRAM › Section 172-27-3 - Approval and Disapproval of WorkShare Plan

Current through 2024-29, July 17, 2024
The Commissioner shall approve or disapprove a WorkShare plan
				  in writing within 10 business days of its receipt. The Commissioner's decision
				  is final and not subject to appeal.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 27 - WORKSHARE PROGRAM › Section 172-27-4 - Modification of a WorkShare Plan

Current through 2024-29, July 17, 2024
A. Modification
				that is Not a Substantial Change. An operational approved WorkShare plan may be
				modified by the eligible employer with the consent of a collective bargaining
				agent that covers the affected employees, if any, if the modification is not
				substantial, conforms with the plan approved by the commissioner and is
				reported promptly to the commissioner by the eligible employer.
B. Substantial Change. A new plan application
				must be submitted for each substantial modification or change to any existing
				WorkShare plan. The decision of the commissioner is final and not subject to
				appeal.
C. Recalling employees
				previously laid off by the WorkShare employer under the conditions of the
				approved WorkShare plan for the unit is allowed from the point of
				recall.
D. Newly hired employees
				hired in a unit covered by a WorkShare plan are required to work no less than
				one week at their full, normal hours agreed upon at the time of hire before any
				WorkShare reduction in hours is allowed. After this one week, the employer must
				reduce the number of work hours of the new hire per the approved WorkShare plan
				for the unit in question. There is no impact on existing employees in the
				affected unit on WorkShare during this time.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 27 - WORKSHARE PROGRAM › Section 172-27-5 - Revocation of a WorkShare Plan

Current through 2024-29, July 17, 2024
The Commissioner may revoke approval of a WorkShare plan at
				  any time for good cause as defined in Section 1.G. The revocation order must be
				  in writing, state the reasons for revocation and specify the date the
				  revocation takes effect. The Commissioner's revocation order is final and not
				  subject to appeal.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 27 - WORKSHARE PROGRAM › Section 172-27-6 - Multiple WorkShare Plans

Current through 2024-29, July 17, 2024
An individual claimant may not participate simultaneously in
				  more than one WorkShare program. Should an individual be included in more than
				  one employer's approved plans, the individual shall choose the plan through
				  which benefits will be claimed. The individual must notify the Bureau in
				  writing of the selection. Once selected, the individual must remain on that
				  plan until such time as the plan ends or is substantially changed. At that
				  time, the individual may make another selection.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 27 - WORKSHARE PROGRAM › Section 172-27-7 - Initial claims

Current through 2024-29, July 17, 2024
Once the employer notifies the affected employee(s) the
				  WorkShare Plan has been approved, the employee must file an initial WorkShare
				  claim.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 27 - WORKSHARE PROGRAM › Section 172-27-8 - Eligibility and Weekly Claims Filing

Current through 2024-29, July 17, 2024
A. After
				serving a waiting period as prescribed by the commissioner, an eligible
				employee is eligible to receive WorkShare benefits with respect to any week
				only if the commissioner finds that:
1. During
				the week, the eligible employee is employed as a member of an affected unit
				under an approved WorkShare plan that was approved prior to that week and that
				is in effect with respect to the week for which WorkShare benefits are
				claimed.
2. The eligible employee
				is deemed unemployed in that the wages, which may include approved leave pay,
				are paid to that eligible employee in an affected unit is less than that
				eligible employee's normal weekly hours of work as specified under the approved
				WorkShare plan in effect for the week.
3. The eligible employee is available and
				able to work the normal workweek with the WorkShare employer.
4. The eligible employee meets other
				conditions of eligibility for regular benefits that are not inconsistent with
				the WorkShare program.
5. Monetary
				eligibility must be established in accordance with subsection 5 of Section 1192
				of Maine Employment Security Law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 27 - WORKSHARE PROGRAM › Section 172-27-9 - Benefits

Current through 2024-29, July 17, 2024
A. The weekly WorkShare benefit amount is the
				product of the regular weekly benefit amount, including any dependents'
				allowances, multiplied by the percentage reduction in the eligible employee's
				usual weekly hours of work as specified in the approved WorkShare plan. If the
				weekly WorkShare benefit amount is not an exact multiple of $1, the weekly
				WorkShare benefit amount must be rounded down to the next lower multiple of
				$1.
B. An eligible employee may not
				receive a total of WorkShare benefits and regular unemployment compensation in
				any benefit year that exceeds the maximum entitlement established for
				unemployment compensation, nor may an eligible employee be paid WorkShare
				benefits for more than 52 weeks in any benefit year pursuant to an approved
				WorkShare plan.
C. The WorkShare
				benefits paid must be deducted from the maximum entitlement amount established
				for an eligible employee's benefit year.
D. If an eligible employer approves time off
				and the eligible employee has performed some work, meaning no less than one (1)
				full hour, during the week, the eligible employee is eligible for WorkShare
				benefits based on the combined work and paid leave hours for that week. An
				eligible employee is not eligible for WorkShare benefits if the claimant was
				sick and consequently did not work all the hours offered by the WorkShare
				employer in a given week.
E.
				Processing of WorkShare ineligible claims. If an individual submits a weekly
				claim under a WorkShare plan, but does not meet the WorkShare eligibility
				requirements, the claim will then be processed as a claim against regular state
				unemployment. All eligibility requirements, with the exception of work search,
				of the regular state unemployment program shall then apply.
F. Reporting of earnings. On a WorkShare
				weekly claim, the employer must report any earnings that will be paid to the
				claimant. In addition, the claimant must report earnings from any other
				employer during the same week.
G.
				Treatment of Earnings. If an eligible claimant works in the same week for a
				WorkShare employer and an employer other than the WorkShare employer, the
				eligible claimant's WorkShare benefits must be computed in the same manner as
				if the eligible claimant worked solely with the WorkShare employer, except that
				if the eligible claimant is not able to work or is not available for the normal
				workweek with the WorkShare employer, WorkShare benefits may not be paid to
				that eligible employee for that week. Bonus payments during a WorkShare week
				shall be considered as earnings and shall not reduce their entitlements during
				the WorkShare week.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 27 - WORKSHARE PROGRAM › Section 172-27-10 - Benefit charges

Current through 2024-29, July 17, 2024
All charges for benefits paid to an individual on an approved
				  plan shall be charged to the unemployment experience rate of the WorkShare
				  employer. The charges will also be assigned solely to the WorkShare employer
				  when the weekly claim is paid through the regular state unemployment program,
				  but within the timeframe of the approved WorkShare plan. Employers who make
				  payments in lieu of contributions shall pay for the full cost of any benefits
				  paid to an individual under an approved WorkShare plan.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-01 - NOTICE

Current through 2024-29, July 17, 2024
A. Notice of Hearings to be held by the Board
				shall be given as follows:
1. By registered
				mail to the person or persons whose legal rights, duties or privileges are at
				issue, sufficiently in advance of the hearing date to afford an adequate
				opportunity to prepare and submit evidence and argument.
2. By publication to the public sufficiently
				in advance of the hearing date to afford interested persons an adequate
				opportunity to prepare and submit evidence and argument and to petition to
				intervene in any proceedings deemed by the Board to involve the determination
				of issues of substantial public interest.
3. Notice by publication shall be given in a
				newspaper of general circulation at least twice, in the area of the State
				affected and in any other trade, industry, professional or interest group
				publication which the Board deems effective in reaching persons who would be
				entitled to intervene.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-02 - DISPOSITION WITHOUT FULL HEARING

Current through 2024-29, July 17, 2024
A. The Board may
				make informal disposition of any adjudicatory proceeding by default when any
				party fails to appear at the scheduled hearing, provided that notice of the
				consequences of such failure to appear has been given to said party. Any such
				default may be set aside by the Board for good cause shown.
B. The Board may limit the issues to be heard
				or vary any procedure prescribed by Board rule or the Administrative Procedure
				Act if the parties and Board agree to such limitation or variation, or if no
				prejudice to any party will result.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-03 - PUBLIC PARTICIPATION

Current through 2024-29, July 17, 2024
A.
Intervention
. On timely application made pursuant to Board rules,
				the Board shall allow any person showing that he is or may be, or is a member
				of a class which is or may be substantially and directly affected by the
				proceeding, or any other agency of federal, state or local government to
				intervene as a party to the proceeding.
B.
Intervention; interested
				person
. The Board may, by order, allow any other interested person to
				intervene and participate as a full or limited party to the proceeding. This
				shall not be construed to limit public participation in the proceeding in any
				other capacity.
C.
Participation limited or denied
. When participation of any person
				is limited or denied, the Board shall include in the record an entry to that
				effect and the reasons-therefore.
D.
Consolidation of
				presentation
. Where appropriate, the Board may require consolidation of
				presentations of evidence and argument by members of a class entitled to
				intervene or by persons allowed to intervene.
E.
Participation
. The Board
				shall allow any of its staff to appear and participate in any adjudicatory
				proceeding.
F.
Attendance by
				conference communications
. Unless otherwise restricted by law, members
				of the Board, or members of any committee designated by the Board, may
				participate in a meeting of the Board by means of video conference, interactive
				television, computer technology or similar communications equipment by means of
				which all persons participating in the meeting can hear each other.
				Participation in a meeting pursuant to this section shall constitute presence
				in person at such meeting.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-04 - EX PARTE COMMUNICATIONS: SEPARATION OF FUNCTIONS

Current through 2024-29, July 17, 2024
A. In any adjudicatory proceeding, no Board
				members authorized to take final action or presiding officers designated by the
				Board to make findings of fact and conclusions of law shall communicate
				directly or indirectly, in connection with any issue of fact, law or procedure,
				with any person, except upon notice and opportunity for all parties to
				participate.
B. This section shall
				not prohibit any Board member or other presiding officer described above from:
1. Communicating in any respect with other
				members of the Board or other presiding officer; or
2. Having the aid or advice of those members
				of his own Board staff, counsel or consultants retained by the Board who have
				not participated and will not participate in the Board proceeding in an
				advocate capacity.