reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.11 - Dependents' Allowance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time for
				Declaring Dependents. A claimant shall declare the claimant's dependents on the
				date that the claimant files a new or transitional claim for the benefit year.
				The time for declaration may not be extended, except for good cause.
B. Verification.
(1) The claimant shall provide a Social
				Security number, a copy of the dependent's birth certificate, or other reliable
				means of proof within 30 days from the week in which the first continued claim
				in the benefit year is filed.
(2) A
				claimant who is otherwise eligible for benefits and who has not yet submitted
				the required dependents' allowance verification shall be paid benefits in the
				amount equal to the claimant's weekly benefit amount without the allowance for
				any unverified dependents. This shall continue until such time as verification
				is provided. Upon receipt, dependents' allowance shall be paid
				retroactively.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.12 - Holiday Pay or Vacation Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definition. "Holiday pay" or "vacation pay" means the gross amount of holiday
				pay or vacation pay.
B. Holiday pay
				or vacation pay is attributable to:
(1) The
				week or weeks designated by the employer or the collective bargaining agreement
				as the holidays or vacation days; or
(2) If not as designated in §B(1) of
				this regulation, the weeks during which it is paid.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.13 - Severance Pay, Dismissal Pay, or Pay instead of Notice of Termination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) Employee Benefits Package.
(a) "Employee benefits package" means any
				cash or in-kind contribution which is made by an employer to or on behalf of an
				employee or any dependent of an employee and which does not constitute wages
				paid to the employee.
(b) "Employee
				benefits package" includes but is not limited to an employer's contribution:
(i) To a health, medical, life, or disability
				insurance plan;
(ii) To a pension
				plan or retirement plan;
(iii) To a
				deferred compensation plan;
(iv) To
				an annuity plan;
(v) To a stock
				option plan; or
(vi) For dependent
				care assistance.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.14 - Retirement Payments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Contributory retirement plan" means a
				plan providing a retirement payment under which an employing unit pays or has
				paid some, but not all, of the premiums or contributions, and the claimant has
				paid some, but not all, of the premiums or contributions.
(2) "Lump-sum retirement payment" means the
				gross amount of a retirement payment that is paid in one payment. Any
				retirement payment paid in more than one payment is not a lump-sum retirement
				payment, even if the installments are paid irregularly.
(3) "Noncontributory retirement payment"
				means a plan providing a retirement payment under which an employing unit pays
				or has paid all premiums or contributions and the claimant pays or has paid
				none.
(4) "Periodic retirement payment" means the gross
				amount of a retirement payment payable on a recurring basis.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.15 - Special Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition.
				"Special pay" means the gross amount of any bonus or other special payment paid
				or payable to the claimant by the employer that is not holiday pay, vacation
				pay, severance pay, or pension pay.
B. Special pay is attributable to the week or
				weeks designated by the employer or the collective bargaining agreement, or if
				not so designated, the week or weeks during which the special pay is
				paid.
C. Deductible Special Pay.
				Special pay shall be deducted from benefits for any week to which it is
				attributable if the claimant performed services during that week.
D. Nondeductible Special Pay. Special pay may
				not be deducted from benefits for any week to which it is attributable if the
				claimant performed no services during that week.
E. Partial Earnings. The sum of the
				deductible special pay and earnings for that week that is less than the
				claimant's weekly benefit amount shall be deducted pursuant to Regulation .10F
				of this chapter as partial earnings.
F. Special Pay Reportable and Taxable.
				Special pay is reportable and taxable for the purpose of the employer's
				contribution obligations under the Unemployment Insurance Law.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.15-1 - Monetary Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				following payments are considered wages for the purpose of determining a
				claimant's monetary eligibility for benefits:
(1) Any wage received for covered employment
				as defined by the Unemployment Insurance Law;
(2) Holiday pay;
(3) Vacation pay; and
(4) Special pay.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.16 - Benefit Payment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Review of
				Claim. After an initial, reopened, or continued claim is filed, the Secretary
				shall review the claim and any separation information received from employers,
				together with any other available information to determine if the claimant is
				eligible for benefits for the week or weeks being claimed.
B. Material Fact. A material fact is a fact
				that is of consequence to a decision regarding eligibility or disqualification
				for benefits.
C. Payment of
				Benefits When Claimant Found Eligible and Not Disqualified.
(1) Benefit payments shall be initiated as
				quickly as administratively feasible when:
(a) There is no dispute of material
				fact;
(b) The Secretary finds the
				claimant eligible and not disqualified; and
(c) The Department receives the claimant's
				complete and correct continued claim.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.17 - Requirement for Earning Wages before Second Benefit Year

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a claimant receives benefits during a
				benefit year, the claimant may not be entitled to receive benefits in a
				subsequent benefit year unless the claimant earned wages after the beginning of
				the first benefit year as a result of performing services in insured work, and
				the wages are equal to not less than 10 times the claimant's weekly benefit
				amount.
B. Special pay, severance
				pay, vacation pay, holiday pay, or prior earnings paid to a claimant at or
				after separation from employment do not constitute wages as a result of
				performing services in insured work.
C. Remuneration earned by a claimant for
				performing services in another state in insured work as defined by that state's
				unemployment insurance law shall be treated the same as remuneration earned for
				services performed in Maryland in covered employment.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.18 - Week of Disqualification

Current through Register Vol. 51, No. 14, July 12, 2024
If a claimant is disqualified from receiving benefits or
				  found ineligible for benefits under the Unemployment Insurance Law, the first
				  week of disqualification shall be the calendar week in which the act on which
				  the disqualification is based occurred, or the calendar week beginning with the
				  Sunday immediately before the last day of work, whichever is
				  later.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.02 - Claims for Benefits › Section 09.32.02.19 - First Day of Work and Last Day of Work on Midnight Shift

Current through Register Vol. 51, No. 14, July 12, 2024
When a claimant is reemployed and the hours of work on the
				  first shift worked begin before midnight on one day and end after midnight, the
				  claimant's first day of work shall be the day on which the shift ends. When,
				  before a period of unemployment, a claimant last works a shift which begins
				  before midnight on one day and ends after midnight, the claimant's last day of
				  work shall be the day on which the last shift ended.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.03 - Extended Unemployment Insurance Benefits › Section 09.32.03.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
All terms used in this regulation which are defined in the
				  Unemployment Insurance Law shall have the same meanings as provided in that
				  law.
A. "Eligibility period" of an
				individual means the period of the weeks in his benefit year which begin in an
				extended benefit period, and, if his benefit year ends within the extended
				benefit period, any weeks after that which begin in that period.
B. "Entitlement". An individual is entitled
				to extended compensation for a week of unemployment in his eligibility period
				if, with respect to this week, he is an exhaustee under this regulation and he
				meets the requirements of the Unemployment Insurance Law and these
				regulations.
C. "Exhaustee". An
				individual is an exhaustee with respect to a week of unemployment of his
				eligibility period if:
(1) Either of the
				following conditions is satisfied:
(a) He has
				received, before that week, all the regular compensation payable to him
				according to the monetary determination for his current benefit year that
				includes the week, or
(b) His
				benefit year having expired before that week, he has insufficient wages or
				employment, or both, on the basis of which he could establish in any state a
				new benefit year that would include that week, or having established a new
				benefit year that includes the week, he is precluded from receiving regular
				compensation by reason of an Unemployment Insurance Law provision of the state
				which meets the requirement of §3304(a)(7) of the Internal Revenue Code of
				1954;
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.03 - Extended Unemployment Insurance Benefits › Section 09.32.03.02 - Computation of Rate of Insured Unemployment

Current through Register Vol. 51, No. 14, July 12, 2024
A. National "On" and "Off" Indicators. The
				national "on" and "off" indicators shall be determined by the United States
				Secretary of Labor and upon notification by that officer concerning the
				existence of these indicators the Secretary shall act in response to them as
				provided by law.
B. State "On" and
				"Off" Indicators.
(1) The Secretary shall
				determine the "rate of insured unemployment" for the purposes of the State "on"
				and "off" indicators. In making this determination he shall use a fraction, the
				numerator of which will be the weekly average number of weeks claimed in the
				State for the 13-week period ending with the week for which the determination
				is made (not seasonally adjusted) and the denominator of which shall be the
				average monthly employment covered under the State law for the first four of
				the last six calendar quarters ending before the close of the 13-week period.
				The quotient obtained is to be computed to four decimal places and is not to be
				otherwise rounded.
(2) The rate for
				the most recent 13-week period is to be divided by the average of the rates for
				the corresponding 13-week periods in each of the 2 preceding years to determine
				whether the rate is equal to 120 percent of the average rate for the 2 years.
				The quotient obtained shall be computed to four decimal places and may not be
				otherwise rounded. The average of the rates for the corresponding 13-week
				periods in each of the 2 preceding years shall be one-half the sum of the rates
				for the period computed to four decimal places and not otherwise
				rounded.
(3) For the purpose of
				determining the corresponding 13-week period ending in each of the preceding
				calendar years, the first week in any calendar year shall be the first full
				calendar week in that year. The Secretary shall utilize the list of numbered
				weeks for each calendar year beginning with the first Sunday in January, 1968,
				provided by the Secretary of Labor.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.03 - Extended Unemployment Insurance Benefits › Section 09.32.03.03 - Extended Benefit Period: Beginning and Ending

Current through Register Vol. 51, No. 14, July 12, 2024
A. Beginning and Ending an Extended Benefit
				Period.
(1) An extended benefit period in
				Maryland shall begin on the first day of the third calendar week after
				whichever of the following occurs first:
(a)
				A week for which there is a national "on" indicator; or
(b) A week for which there is an "on"
				indicator in Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.03 - Extended Unemployment Insurance Benefits › Section 09.32.03.04 - Extended Benefits To Federal Employees

Current through Register Vol. 51, No. 14, July 12, 2024
This State shall pay, as agent for the Secretary of Labor,
				  and shall be reimbursed as provided in
				  5 U.S.C. §
										8505 an amount equal to the additional cost
				  of extended compensation paid to federal civilian workers and ex-servicemen
				  pursuant to 5 U.S.C. Chapter 85.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.03 - Extended Unemployment Insurance Benefits › Section 09.32.03.05 - Combined Wage Credits and Interstate Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
Where regular compensation exhausted by an individual or
				  sharable regular compensation was based on combined wage credits earned in more
				  than one state, Maryland shall pay extended benefits when it was the liable
				  state so long as it is reimbursable in proper proportions as liable state under
				  appropriate federal laws and regulations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.03 - Extended Unemployment Insurance Benefits › Section 09.32.03.06 - Terms and Conditions of State Law and Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability of State Law and
				Regulations. Except when the result would be inconsistent with the other
				provisions of the Unemployment Insurance Law or these regulations, the
				provisions of the Unemployment Insurance Law and regulations promulgated
				pursuant to it which apply to claims for, or the payment of, regular benefits
				shall apply to claims for, and the payment of, extended benefits.
B. Effect of Disqualification for Regular
				Compensation on Entitlement to Extended Compensation. If the week of
				unemployment for which an individual claims extended compensation is a week to
				which a disqualification for regular benefits applies, the individual may not
				be entitled to extended compensation for that week.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.03 - Extended Unemployment Insurance Benefits › Section 09.32.03.07 - Charging and Reimbursement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Charging Extended Compensation. The Secretary shall charge to the experience
				rating account or accounts of the respective base period employer or employers
				the appropriate share of any extended benefits paid a claimant in the same
				manner as regular benefits are charged under COMAR
				09.32.01.05B.
B. Employer's Reimbursement of
				Extended Compensation. An employer who elects to come under the Unemployment
				Insurance Law as a reimburseable employer shall reimburse the Unemployment
				Insurance Fund for the appropriate share of any extended benefits chargeable to
				him as a base period employer in the same manner as he reimburses the Fund for
				regular benefits under COMAR
				09.32.01.05B.
C. With respect to governmental
				entities (including the State, its political subdivisions, and
				instrumentalities of the State, of one or more subdivisions, of one or more
				states, and of one or more states and subdivisions), the appropriate share of
				any extended benefits shall be one-half of any extended benefits paid to these
				individuals for compensable weeks beginning on or before December 31, 1978, and
				all extended benefits paid to these individuals for compensable weeks beginning
				after December 31, 1978. With respect to all other employers, the appropriate
				share of any extended benefits shall be one-half of any extended benefits paid
				to these individuals.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.03 - Extended Unemployment Insurance Benefits › Section 09.32.03.08 - Recovery Including Restitution and Offset

Current through Register Vol. 51, No. 14, July 12, 2024
The provisions of Maryland law that apply to recovery of
				  overpayments (including restitution and offset) shall apply to overpayments of
				  extended compensation. If there is recovery of extended compensation, that
				  proportion of the amount restored or offset which represents the federal share
				  of the original payment shall be restored to the appropriate federal
				  accounts.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.03 - Extended Unemployment Insurance Benefits › Section 09.32.03.09 - Duplication

Current through Register Vol. 51, No. 14, July 12, 2024
An individual who is entitled to both extended compensation
				  under the Unemployment Insurance Law and training allowances under § 203
				  of the Manpower Development and Training Act with respect to a week shall be
				  treated as he would have been treated had he been entitled to both regular
				  compensation and the training allowance.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.03 - Extended Unemployment Insurance Benefits › Section 09.32.03.10 - Partial Claims

Current through Register Vol. 51, No. 14, July 12, 2024
Provisions requiring the reduction of regular benefits by
				  specified deductible income are also applicable to benefits paid under the
				  Extended Benefits Program.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.04 - Interstate Reciprocal Coverage Arrangements for Employer Elections to Cover Multi-State Workers › Section 09.32.04.01 - Relation to Subscribing States

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter shall regulate the Department of Labor,
				  Licensing, and Regulation in its cooperation with other states subscribing to
				  the Interstate Reciprocal Coverage Arrangement hereinafter referred to as "the
				  arrangements".
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.04 - Interstate Reciprocal Coverage Arrangements for Employer Elections to Cover Multi-State Workers › Section 09.32.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				unless the context clearly indicates otherwise, the following terms have the
				meanings indicated.
B. Terms
				Defined.
(1) "Agency" means any officer,
				board, commission, or other authority charged with the administration of the
				unemployment insurance law of a participating jurisdiction.
(2) "Interested jurisdiction" means any
				participating jurisdiction to which an election submitted under this regulation
				is sent for its approval. "Interested agency" means the agency of that
				jurisdiction.
(3) "Jurisdiction"
				means any state of the United States, the District of Columbia, Puerto Rico,
				Virgin Islands, Guam, and Samoa, or, with respect to the Federal Government,
				the coverage of any Federal Unemployment Law.
(4) "Participating jurisdiction" means a
				jurisdiction whose administrative agency has subscribed to the arrangement and
				whose adherence to it has not ended.
(5) "Services customarily performed by an
				individual in more than one jurisdiction" means service performed in more than
				one jurisdiction during a reasonable period, if the nature of the services
				gives reasonable assurance that they will continue to be performed in more than
				one jurisdiction or if these services are required or expected to be performed
				in more than one jurisdiction under the elections.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.04 - Interstate Reciprocal Coverage Arrangements for Employer Elections to Cover Multi-State Workers › Section 09.32.04.03 - Submission and Approval of Coverage under the Interstate Reciprocal Coverage Arrangement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any
				employing unit may file an election, on Form RC-1, to cover under the law of a
				single participating jurisdiction all the services performed for him by an
				individual who customarily works for him in more than one participating
				jurisdiction. An election as just described may be filed, with respect to an
				individual with any participating jurisdiction in which:
(1) Any part of the individual's services are
				performed;
(2) The individual has
				his residence; or
(3) The employing
				unit maintains a place of business to which the individual's services bears a
				reasonable relation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.04 - Interstate Reciprocal Coverage Arrangements for Employer Elections to Cover Multi-State Workers › Section 09.32.04.04 - Effective Period of Elections

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Commencement.
(1) An election duly approved
				under these regulations shall become effective at the beginning of the calendar
				quarter in which the election was submitted, unless the election as approved,
				specifies the beginning of a different calendar quarter.
(2) If the electing unit requests an earlier
				effective date than that beginning of the calendar quarter in which the
				election was submitted, the earlier date may be approved solely as to those
				interested jurisdictions in which the employer had no liability to pay
				contributions for the earlier period in question.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.04 - Interstate Reciprocal Coverage Arrangements for Employer Elections to Cover Multi-State Workers › Section 09.32.04.05 - Reports and Notices by the Electing Unit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The electing unit shall promptly notify
				each individual affected by its approved election, on the Form RC-2 supplied by
				the elected jurisdiction, and shall furnish the elected agency a copy of this
				notice.
B. Whenever an individual
				covered by an election under this regulation is separated from his employment,
				the electing unit shall again notify him, immediately, as to the jurisdiction
				under whose unemployment compensation law his services have been covered. If at
				the time of termination, the individual is not located in the elected
				jurisdiction, the electing unit shall notify him as to the procedure for filing
				interstate benefit claims.
C. The
				electing unit shall immediately report to the elected jurisdiction any change
				which occurs in the conditions of employment pertinent to its election, such as
				cases where an individual's services for the employer cease to be customarily
				performed in more than one participating jurisdiction or where a change in the
				work assigned to an individual requires him to perform services in a new
				participating jurisdiction.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.04 - Interstate Reciprocal Coverage Arrangements for Employer Elections to Cover Multi-State Workers › Section 09.32.04.06 - Approval of Reciprocal Coverage Elections

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary or his designated representative shall approve
				  or disapprove reciprocal coverage elections in accordance with these
				  regulations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.05 - Payment of Benefits to Interstate Claimants › Section 09.32.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter shall regulate the Department of Labor,
				  Licensing, and Regulation in its administrative cooperation with other states
				  adopting similar regulations for the payment of benefits to interstate
				  claimants.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.05 - Payment of Benefits to Interstate Claimants › Section 09.32.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				unless the context clearly requires otherwise, the following terms have the
				meanings indicated.
B. Terms
				Defined.
(1) "Agent state" means any state in
				which an individual files a claim for benefits from another state.
(2) "Basic Plan for Combining Wages" means an
				interstate agreement which establishes a system whereby unemployed workers who
				lack qualifying wages sufficient for benefits in any one state, may through
				combining wages from more than one state, become eligible for
				benefits.
(3) "Benefits" means the
				compensation payable to an individual, with respect to his unemployment, under
				the unemployment insurance law of any state.
(4) "Extended Plan for Combining Wages" means
				an interstate agreement which establishes a system whereby unemployed workers
				having sufficient base-period wages to qualify for less than maximum benefits
				in one or more states and insufficient base-period wages to qualify for
				benefits in one or more states, may increase the benefits to which they are
				entitled by combining wages in one of the states in which they have sufficient
				base-period wages with base-period wages in all states in which they have
				insufficient wages.
(5) "Interstate
				Benefit Payment Plan" means the plan approved by the Interstate Conference of
				Employment Security Agencies under which benefits shall be payable to
				unemployed individuals absent from the state (or states) in which benefit
				credits have been accumulated.
(6)
				"Interstate claimant" means an individual who claims benefits under the
				unemployment insurance law of one or more liable states through the facilities
				of an agent state. The term "interstate claimant" does not include any
				individual who customarily commutes from a residence in an agent state to work
				in a liable state unless the Department of Labor, Licensing, and Regulation
				finds that this exclusion would create undue hardship on the claimants in
				specified areas.
(7) "Liable state"
				means any state against which an individual files, through another state, a
				claim for benefits.
(8) "State"
				includes District of Columbia, Puerto Rico, Virgin Islands, Guam, Samoa, and
				the Philippine Islands.
(9) "Week
				of unemployment" includes any week of unemployment as defined in the law of the
				liable state from which benefits with respect to these weeks are
				claimed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.05 - Payment of Benefits to Interstate Claimants › Section 09.32.05.03 - Registration for Work

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				interstate claimant shall be registered for work, through any public employment
				office in the agent state when and as required by the law, regulations, and
				procedures of the agent state. This registration shall be accepted as meeting
				the registration requirement of the liable state.
B. Each agent state shall duly report to the
				liable state in question, whether each interstate claimant meets the
				registration requirements of the agent state.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.05 - Payment of Benefits to Interstate Claimants › Section 09.32.05.04 - Benefit Rights of Interstate Claimants

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a claimant files a claim against any
				state, and it is determined by that state that the claimant has available
				benefit credits in that state, then claims shall be filed only against the
				state as long as benefit credits are available in the state. After that, the
				claimant may file claims against any other state in which there are available
				benefit credits. For the purpose of this regulation, benefit credits shall be
				deemed to be unavailable whenever benefits have been exhausted, terminated, or
				postponed for an indefinite period or for the entire period in which benefits
				would otherwise be payable, or whenever benefits are affected by the
				application of a seasonal restriction.
B. The benefit rights of interstate claimants
				established by these regulations shall apply only with respect to new claims
				(notices of unemployment) filed on or after July 5, 1953.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.05 - Payment of Benefits to Interstate Claimants › Section 09.32.05.05 - Claims for Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Claims for
				benefits or waiting period shall be filed by interstate claimants on uniform
				interstate claim forms and in accordance with uniform procedures developed
				pursuant to the Interstate Benefit Payment Plan. Claims shall be filed in
				accordance with the type of week in use by the agent state. Any adjustments
				required to fit the type of week used by the liable state shall be made by the
				liable state on the basis of consecutive claims filed.
B. Claims shall be filed in accordance with
				agent state regulations for interstate claims in local employment offices, or
				at an itinerant point, or by mail.
C. With respect to claims for weeks of
				unemployment in which an individual was not working for his regular employer,
				the liable state, under circumstance which it considers good cause, shall
				accept a continued claim filed up to 1 week, or one reporting period, late. If
				a claimant files more than one reporting period late, an initial claim shall be
				used to begin a claim series and a continued claim for a past period may not be
				accepted.
D. With respect to weeks
				of unemployment during which an individual is attached to his regular employer,
				the liable state shall accept any claim which is filed within the time limit
				applicable to the claims under the law of the agent state.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.05 - Payment of Benefits to Interstate Claimants › Section 09.32.05.06 - Determination of Claims

Current through Register Vol. 51, No. 14, July 12, 2024
A. The agent
				state shall, in connection with each claim filed by an interstate claimant,
				ascertain and report to the liable state in question the facts relating to the
				claimant's availability for work and eligibility for benefits as are readily
				determinable in and by the agent state.
B. The agent state's responsibility and
				authority in connection with the determination of interstate claims shall be
				limited to investigation and reporting of relevant facts. The agent state may
				not refuse to take an interstate claim.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.05 - Payment of Benefits to Interstate Claimants › Section 09.32.05.07 - Appellate Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The agent
				state shall afford all reasonable cooperation in the taking of evidence and the
				holding of hearings in connection with appealed interstate claims.
B. With respect to the time limits imposed by
				the law of a liable state upon the filing of an appeal in connection with a
				disputed benefit claim, an appeal made by an interstate claimant shall be
				deemed to have been made and communicated to the liable state on the date when
				it is received by any qualified officer of the agent state.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.05 - Payment of Benefits to Interstate Claimants › Section 09.32.05.08 - Extension of Interstate Benefit Payments To Include Claims Taken in and for Canada, Puerto Rico, and the Virgin Islands

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations shall apply in all its provisions to claims
				  taken in and for Canada, Puerto Rico, and the Virgin Islands.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.05 - Payment of Benefits to Interstate Claimants › Section 09.32.05.09 - Combining Wage Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Claimants
				desiring to do so will be permitted to elect to combine wages under the terms
				of any plan for combining wage credits, of which Maryland is a cooperating
				member.
B. All claims filed under
				the basic plan for combining wages shall be filed in accordance with the laws
				of the paying state under the terms of any Interstate Arrangement for the
				Combining of Wages to which Maryland is a party.
C. All claims for benefits filed under the
				Extended Plan for Combining Wages shall be filed as follows:
(1) If claims are filed in other than the
				paying state, the Interstate Benefit Payment Procedure shall be
				followed.
(2) If claims are filed
				in the paying state, they shall be filed in the same manner as by any other
				claimant who is claiming benefits under the unemployment insurance law of that
				paying state.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.06 - Board of Appeals - Appeals Procedure › Section 09.32.06.01 - Appeals and Petitions for Review from Lower Appeals to the Board of Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Manner of
				Filing.
(1) An appeal from a hearing
				examiner's decision, or a petition for review to request a discretionary appeal
				of a hearing examiner's decision under Labor and Employment Article, §
										8-5A-10(b)(2),
				Annotated Code of Maryland, shall be in writing and signed by the appealing
				party or the appealing party's attorney or authorized representative.
(2) An appeal or a petition for review may be
				filed only by mail, facsimile, hand delivery to the administrative office of
				the Board of Appeals as listed on the hearing examiner decision, or other
				method of transmission established by the Board of Appeals. The appeal may not
				be filed by electronic mail.
(3)
				When filed by an attorney or authorized representative, an appeal from or
				petition for review of a hearing examiner's decision shall be accompanied by a
				certification that a copy of the appeal or petition for review and all
				accompanying papers were mailed, or otherwise delivered in accordance with the
				format and procedures established by the Board of Appeals, to all other parties
				in the case. Failure to include the certification does not affect a
				determination as to the timeliness of the appeal. Failure to include the
				certification may result in a dismissal of the appeal or petition for
				review.
(4) In the event of an
				appeal or a petition for review from a hearing examiner's decision involving
				more than one claimant on the same issue, the appeal or petition for review may
				be filed by the individual claimants or by an attorney or authorized
				representative on the claimants' behalf. The attorney or authorized
				representative shall submit, together with the appeal or petition for review, a
				list containing the names, addresses, appeal numbers, and the last four digits
				of the Social Security numbers of the claimants who are parties to the appeal
				or petition for review.
(5) In the
				event of an appeal or petition for review from a hearing examiner's decision
				involving a review determination issued under the Labor and Employment Article,
				Title 8, Subtitle 6, Annotated Code of Maryland, the employer, or the
				employer's attorney or authorized representative, shall include the name of the
				employer, the employer's address, employer account number, if any, the review
				determination number and a copy of the hearing examiner's decision.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.06 - Board of Appeals - Appeals Procedure › Section 09.32.06.02 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scheduling
				Authority. The scheduling authority in the case of an appeal or a petition for
				review pending before the Board of Appeals is the Board of Appeals or its
				designee.
B. Notice of Hearing.
(1) The Board of Appeals shall give
				interested parties at least 15 business days notice in writing of the time and
				place of any hearing before the Board of Appeals.
(2) Notice is sufficient when mailed to the
				party, postage prepaid, or otherwise delivered to the party in accordance with
				the format and procedures established by the Board of Appeals, at the last
				known address of the party.
(3) In
				the case of appeals or petitions for review filed under Regulation .01A(3) of
				this chapter, notice mailed or otherwise delivered to the attorney or
				authorized representative, plus notice mailed or otherwise delivered to each
				individual appellant who filed an individual appeal or a petition for review or
				to those persons who requested an individual notice, shall be sufficient notice
				to all parties represented by the attorney or authorized representative. This
				subsection shall also apply to notices of hearings in labor disputes in which
				the Board of Appeals has jurisdiction to issue original
				determinations.
(4) For notice
				purposes, the representation of a party by an attorney or authorized
				representative is effective on the date an appearance is entered in the case,
				or the date the appearance is noted in the appeal file, whichever is
				earlier.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.06 - Board of Appeals - Appeals Procedure › Section 09.32.06.03 - Withdrawal of Decision by the Board of Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any time within 10 calendar days of a
				decision pursuant to Labor and Employment Article, §
									8-806(h),
				Annotated Code of Maryland, the Board of Appeals may withdraw its decision by
				vote of a majority of its members. Notice shall promptly be given to all
				parties of the withdrawal. Upon withdrawing a decision, the Board of Appeals
				may issue a revised decision or hold the case for further hearing or argument.
				The 10-day period is not tolled by the filing of petitions, appeals, or
				correspondence from any party.
B. A
				request for the Board of Appeals to withdraw its decision under §A of this
				regulation does not toll the time limit for filing an appeal to circuit
				court.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.06 - Board of Appeals - Appeals Procedure › Section 09.32.06.04 - Remand to Hearing Examiner

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board of Appeals may remand a case to a hearing examiner for purposes that it
				may direct. Cases remanded for a de novo or additional hearing shall be placed
				upon the calendar for prompt hearing.The hearing examiner to whom a case has
				been remanded for a new decision without a new hearing shall promptly issue the
				new decision.
B. If a case is
				remanded for a new hearing, the previous decision of the hearing examiner shall
				remain in effect unless vacated by the Board of Appeals until the issuance of a
				new decision by a hearing examiner. Unless the Board of Appeals orders
				otherwise, upon the convening of the new hearing, the appellant before the
				Board of Appeals shall have the burden of going forward. If the appellant
				before the Board of Appeals does not appear at the remand hearing, the previous
				decision of the hearing examiner shall remain in effect or be
				reinstated.
C. The Board of Appeals
				may issue specific directions to a hearing examiner with regard to the remand
				of any particular case.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.06 - Board of Appeals - Appeals Procedure › Section 09.32.06.05 - Precedent Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
Decisions of the Board of Appeals designated as precedent by
				  the Board shall constitute legal precedent for decisions of the hearing
				  examiners.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.06 - Board of Appeals - Appeals Procedure › Section 09.32.06.06 - Procedure for Hearings on Claims Under Labor and Employment Article, Section8-1004, Annotated Code of Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A. A claim involving the application of the
				provisions of Labor and Employment Article, §
									8-1004,
				Annotated Code of Maryland, that is referred to a special examiner by order of
				the Board of Appeals shall be presented, heard, and decided by the special
				examiner in the manner prescribed by the provisions of this chapter pertaining
				to hearings before the Board of Appeals.
B. An appeal from the decision of a special
				examiner shall be decided by the Board of Appeals in the manner prescribed by
				the provisions of this chapter pertaining to an appeal from a decision of a
				hearing examiner.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.06 - Board of Appeals - Appeals Procedure › Section 09.32.06.07 - Employer Appeals Arising Under Labor and Employment Article, Section 8-60S(b), Annotated Code of Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				employer aggrieved by a decision of the Lower Appeals Division appealable under
				Labor and Employment Article, §
									8-605(b),
				Annotated Code of Maryland, may file an appeal or petition for review within 30
				calendar days after Lower Appeals sends the decision to the employer. The
				provisions of Regulations .01 and .02 of this chapter apply to these
				appeals.
B. An appeal or petition
				for review shall include the following information:
(1) The name, address, employer account
				number, if any, and review determination number; and
(2) A copy of the decision of the Lower
				Appeals Division that is being appealed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.06 - Board of Appeals - Appeals Procedure › Section 09.32.06.08 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 calendar days after the Board of Appeals mails or
				  otherwise delivers its decision to a party, a party aggrieved by the decision
				  may secure judicial review of the decision by appealing the decision in
				  accordance with the provisions of Labor and Employment Article, §
									8-5A-12,
				  Annotated Code of Maryland, the Maryland Rules of Procedure, and the
				  appropriate rules of court.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.06 - Board of Appeals - Appeals Procedure › Section 09.32.06.09 - Records and Transcripts

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				documents received from a party shall be retained either in paper form or by
				scanning the document electronically into an electronic case file.In cases
				where duplicate copies of documents are received by the Board of Appeals, only
				the first copy of the document received by the Board of Appeals shall be
				retained in the paper or electronic case file.
B. The Board of Appeals shall maintain a
				record of all testimony and proceedings before the Board of Appeals and its
				special examiners.
C. Upon the
				filing of an appeal from a decision of the Board of Appeals to a circuit court,
				the record of the oral proceedings shall be transcribed.
D. Except as otherwise provided by statute or
				regulation, the party filing the appeal with a circuit court shall pay to the
				Department the expense of the transcript, including a reasonable charge for the
				reproduction of exhibits, in advance of the transcript preparation.
E. An individual claiming benefits may not be
				charged a fee for transcription of the oral proceedings in that individual's
				case.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.07 - Reconsideration of Unemployment Insurance Overpayment Recovery and Waiver Request › Section 09.32.07.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of these regulations is to establish procedures
				  and interpret the standards for waiver of recovery of overpayments of
				  unemployment insurance benefits, and to establish procedures for appealing the
				  correctness of the application of an overpayment, in accordance with Labor and
				  Employment Article, §
									8-809, Annotated
				  Code of Maryland.