reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 19 - RULES GOVERNING APPRENTICESHIP IN CONSTRUCTION OF ENERGY GENERATION FACILITIES › Section 170-19-II - Definitions

Current through 2024-29, July 17, 2024
As set forth in
				  26 MRS
				  §3501 or in this chapter, the following
				  terms have the following meanings.
A.
				"Qualified Apprentice." Qualified Apprentice means a person in an apprentice
				program recognized by the United States Department of Labor or by the Maine
				Department of Labor and directly related to the work being performed.
B. "Apprenticeable Occupation."
				Apprenticeable Occupation has the same meaning as in
				26 MRS
				§3201(2).
C. "Available." Available means either
				otherwise not fully employed or willing to consider an offer of employment
				during the phase of
construction of a generation facility
in
				which the relevant occupational skills are needed.
D. "Bureau." Bureau means the Bureau of Labor
				Standards within the Department of Labor.
E. "Construction of a generation facility."
				Construction of a generation facility means every phase of an operation to
				physically construct a facility and includes preparation of the site, erecting
				fencing and other protective structures to secure the site, maintenance and
				transport of materials on the site, and removal of equipment and debris when
				the operation is completed.
F.
				"Director." Director means the Director of the Bureau of Labor
				Standards.
G. "Person constructing
				a generation facility." Person constructing a generation facility means a
				general contractor or subcontractor, or other entity who has a significant
				measure of control over the
construction of a generation
				facility
.
H. "Persons
				employed in the construction." Persons Employed in the Construction means all
				persons employed in an
apprenticeable occupation
during any
				phase or time period of an operation to construct a generation facility, or
				during the entire duration of such an operation, or during some combination of
				those periods of time. A phase or time period of the operation may include an
				employer's established pay period.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 19 - RULES GOVERNING APPRENTICESHIP IN CONSTRUCTION OF ENERGY GENERATION FACILITIES › Section 170-19-III - Availability of Apprentices

Current through 2024-29, July 17, 2024
A. In order to claim
				that an insufficient number of qualified apprentices were available to meet the
				required percentage, an employer must show that it made reasonable efforts to
				find and employ them. This may include evidence of having contacted or
				attempted to contact the Maine Apprenticeship Program, sponsors of
				apprenticeship training programs such as labor organizations and employers with
				a presence in Maine, or other appropriate sources.
i. A worker's apparent or actual disability
				may not be offered as a reason for determining that a sufficient number of
				qualified apprentices were not available.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 19 - RULES GOVERNING APPRENTICESHIP IN CONSTRUCTION OF ENERGY GENERATION FACILITIES › Section 170-19-IV - Employer Self-Monitoring and Reporting

Current through 2024-29, July 17, 2024
A. A
				construction employer must demonstrate compliance with the statute by
				submitting to the Bureau a plan for locating and employing a sufficient number
				of qualified apprentices.
B. The
				plan must be submitted prior to starting the construction project or prior to
				starting each phase of the construction project.
C. When each phase of the construction
				project is completed, the employer must submit to the Bureau an interim report
				disclosing the results of its efforts to employ qualified apprentices including
				a clear explanation if they failed to hire a sufficient number of qualified
				apprentices during that phase of the project.
D. When the entire project is completed, the
				employer must submit a final report also including a clear explanation if they
				failed to hire a sufficient number of qualified apprentices during the entire
				project.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 19 - RULES GOVERNING APPRENTICESHIP IN CONSTRUCTION OF ENERGY GENERATION FACILITIES › Section 170-19-V - Enforcement

Current through 2024-29, July 17, 2024
A. Enforcement of these rules and the laws
				upon which the rules are based will be the responsibility of the Bureau, under
				the direction of the Director.
B.
				Each contractor and sub-contractor shall have payroll records available to a
				Bureau representative on each site covered by this statute.
i. The records must be current to within
				three days of the latest pay period that was paid by the contractor or
				sub-contractor.
ii. The records
				must contain the name, trade or job title, and classification as an apprentice
				or otherwise, for each of that employer's workers that worked on the site for
				each payroll period.
iii. A
				contractor or subcontractor may comply with this provision by keeping the
				records for a site at a location within 10 miles of the site while the project
				is active, and reasonably accessible thereafter.
iv. These records must be retained,
				preserved, and open to inspection by the Bureau for at least three years
				following the completion of the project.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 1 - DEFINITIONS › Section 172-1-1 - Meaning of Terms

Current through 2024-29, July 17, 2024
Unless the context otherwise requires, terms used in
				  regulations, interpretations, forms, and other official pronouncements issued
				  by the commission or bureau shall be construed in the sense in which they are
				  defined in the law, or in this or other regulations of the commission.
A. "Pay period" means that period of time
				during which wages payable on any day were earned.
B. "Wages payable" means wages earned,
				including wages earned and paid as well as wages earned and unpaid.
C.
1.. With
				respect to determinations made under section 1191, subsections 1, 2, 3, 5, 6,
				6-A, 6-B, 6-C, 6-D, 8, 9, and 11 of section 1192, and subsection 6 of section
				1193 of the Employment Security Law, "interested party" means the claimant and,
				where appropriate, the deputy.
2.
				For the purposes of all other determinations made under sections 1192, 1193,
				and 1194 of the Employment Security Law, "interested party" means the claimant,
				the claimant's most recent employer, the most recent chargeable employer prior
				to the claimant's filing of a claim for benefits, and the deputy, as
				appropriate.
3. With respect to
				employer liability and assessment determinations made under the Employment
				Security Law, "interested party" means the employing unit (including
				predecessors under Chapter 2 (13)(I), the employer, the Unemployment
				Compensation Tax Division of the Maine Department of Labor, and, where
				appropriate, the claimant(s) and/or putative employee(s).
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-1 - Posting notices to workers

Current through 2024-29, July 17, 2024
Every employer shall post and maintain such notices to its
				  workers as the Commissioner shall from time to time require. Such notices shall
				  be of such form and design and in such numbers as the Bureau may determine to
				  be necessary and shall be posted in conspicuous places near the actual
				  locations where workers' services are performed. No such notices shall be
				  posted by any person or employing unit to whom an employer number has not been
				  assigned by the Bureau or who has ceased to be an employer subject to the
				  Employment Security Law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-2 - Records

Current through 2024-29, July 17, 2024
A. Each employing unit shall preserve
				existing records (which indicate date hereinafter set forth) with respect to
				employment performed in its service and shall establish, maintain and preserve
				records that show the information hereinafter set forth with respect to workers
				in employment on and after the effective date of this rule:
1. For each pay period:
a. The beginning and ending dates of such
				periods,
b. The total wages paid
				for employment in such pay period,
c. The week during which, on any part of a
				day, there were one (1) or more workers in employment.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-5 - Payments by the State, any political subdivisions or instrumentalities

Current through 2024-29, July 17, 2024
A. Following the end of each calendar month,
				the Bureau shall notify the State or any political subdivision or
				instrumentality thereof of the amount of benefits paid and chargeable to the
				reimbursement account of such governmental entity and shall assess the
				cumulative amount due under the provisions of subsection
				13 of Section 1221 of the Employment
				Security Law. However, no such assessment shall be issued for a cumulative
				amount less than $10.00.
B. Payment
				of the amount determined to be due shall be made within 30 days after notice of
				assessment is mailed, unless a request for redetermination is filed within 30
				days of such mailing. If such due date falls on a non-work day for the Bureau,
				then any payment reaching the office of the Bureau, or any duly constituted
				agent of the Bureau, on the next work day shall be deemed to have been received
				timely.
Payments made by mail shall be deemed to have been made
				  timely if postmarked not later than midnight of the due date. If the due date
				  falls on a Saturday, Sunday or a legal holiday, payment shall be deemed to have
				  been made timely if postmarked not later than midnight of the next business
				  day.
Due date for payment in case of a redetermination shall be
				  determined in the same manner as for the original determination.
C. The provisions of paragraph B-1
				of section
				4 of this chapter shall apply with equal
				force to assessments of amounts due from the State and any political
				subdivision and any of their instrumentalities.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-6 - Group accounts

Current through 2024-29, July 17, 2024
A. For the purpose
				of subsection
				15 of Section 1221 of the Employment
				Security Law, two or more eligible employers may file a joint application, on
				the form prescribed by the Bureau, for establishment of a group account. The
				application shall identify a group representative, authorized to act as agent
				of the group. When the application is approved, the Bureau shall establish the
				group account effective as of the beginning of the calendar quarter in which it
				receives the application, to remain in effect in accordance with the provisions
				of such sub­section
				15.
B. New members may be added to, and active
				members may withdraw from such group account, with approval of the
				Commissioner, upon application duly filed.
C. The representative, acting as agent for
				the members of such group account, shall be responsible for dealing with the
				Bureau relative to obligations of each member under law, and all notices from
				the Bureau as required in the law sent to the representative shall be deemed to
				have been sent to any member of the group to which it relates.
D. Any bond, money or securities furnished
				under the provisions of subsection
				12 of Section 1221 of the Employment
				Security Law shall be for the group and the amount thereof shall be determined
				in the same manner provided in section
				4(D) of this
				chapter.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-8 - Identification of workers

Current through 2024-29, July 17, 2024
Each employer shall ascertain the Social Security Number of
				  each worker employed by it.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-9 - Change in employer status or entity

Current through 2024-29, July 17, 2024
A. Every
				employer shall immediately notify the Bureau of any change to its contact
				information, such as address, telephone number or any other form of contact.
				The Bureau will rely on last known or given address for the employer for
				purposes of notice to the employer of all matters pertaining to unemployment.
				The Bureau is entitled to the presumption of receipt by the employer of any
				notice or correspondence sent to the employer's last known or given
				address.
B. Every employer who
				transfers any part of the assets of the employer's business by sale, lease,
				merger, consolidation, reorganization or otherwise, shall immediately in
				writing report such transfer to the Bureau.
C. Every employing unit which is the
				transferee of a part of the assets of any business formerly owned by an
				employer shall report such transfer to the Bureau.
D. Every executor or administrator of the
				estate of a deceased individual who, at the time of death, was an employer
				under the Employment Security Law shall notify the Bureau as to the date of
				death of such employer and the date upon which such executor or administrator
				qualified.
E. Every custodian,
				guardian, receiver, conservator, trustee in bankruptcy and any other person
				assuming control of the assets of an employer by court order shall notify the
				Bureau of the date and provisions of such order.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-10 - Cash value of meals and lodging

Current through 2024-29, July 17, 2024
The cash value of meals and lodging, including those
				  furnished at a bargain charge to the employee, shall also be included in the
				  wages for computing contributions due under Section 1221 of the Employment
				  Security Law. The cash value of meals and lodging may be excluded from wages if
				  three conditions are met:such meals and lodging are (1) furnished for the
				  employer's convenience; (2) on the employer's premises; and (3) furnished as a
				  condition of employment.
If the value of meals and lodging is included in wages the
				  Bureau reserves the right to determine, in individual cases, the cash value of
				  such remuneration pursuant to subsection 19 of Section 1043 of the Employment
				  Security Law. Where a cash value for meals and lodging is agreed upon in any
				  contract of hire, the amount so agreed upon shall, if more than the rates
				  prescribed herein, be deemed to be the value of such meals and lodging. Where a
				  cash value for meals and lodging is not agreed upon by the employer and the
				  employee, the Bureau will determine the fair market value of the meals and
				  lodging on the basis of the facts and circumstances presented. In no
				  circumstance shall the cash value of meals and lodging be determined to be more
				  than: the State of Maine standard Federal per diem rates as established
				  annually by the US General Services Administration.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-11 - Field Investigations

Current through 2024-29, July 17, 2024
A.
Investigations of Potentially Subject Employers
. Whenever a
				claimant reports that he or she performed services with an individual or
				employing unit which has not previously been determined to be an "employer" as
				defined in subsection
				9 of Section 1043 of the Employment
				Security Law, and that individual or employing unit should be or might be an
				"employer," then a field examination shall be initiated.
B.
Investigations of Potentially
				Subject Employment
. Whenever a claimant reports that he or she performed
				services for an "employer," as defined in subsection
				9 of Section 1043 of the Employment
				Security Law, and it is found that the Bureau does not have a record of wages
				for those services, and such services should be or might be subject to the
				Employment Security Law, then a field examination shall be initiated. If it is
				determined that such services are "employment" as defined in subsection 11 of
				Section 1043 of the Employment Security Law, and if the Bureau does not have a
				record of the amount of wages paid, then a statement will be taken from the
				claimant. The claimant will be required to furnish any payroll check stubs or
				other reliable information required by the Bureau in support of the
				statement.
C.
Continued
				Filing of Claims
. While a field investigation, as described in
				subsections (A) or (B) of this section, is being conducted, the claimant shall
				be advised both orally and in writing to continue to file weekly
				claims.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-12 - Severance Pay

Current through 2024-29, July 17, 2024
A. Severance pay is
				considered remuneration for personal services, and as such, is defined as wages
				in accordance with subsection 19 of Section 1043 of the Employment Security
				Law.
B. Contributions on severance
				pay, including payments made pursuant to Section 625-B of Title 26, shall be
				due on or before the last day of the month following the close of the calendar
				quarter in which the severance pay was paid to the individual. The contribution
				rate shall be based on the employer's experience rating record and determined
				from this reserve ratio in accordance with subsection
				4 of Section 1221, of the Employment
				Security Law.
C. The severance pay
				will be exempt from contributions if the remuneration paid to the individual,
				in the form of wages, during the same calendar year exceeded the amount of
				wages specified in paragraph A of subsection 19 of Section 1043 of the
				Employment Security Law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-13 - Successorship

Current through 2024-29, July 17, 2024
A. Under Section 1228 of the Employment
				Security Law, the Bureau may determine, in accordance with paragraph (B) of
				subsection
				9 of Section 1043, that an individual or
				organization is liable as a successor for contributions and interest due and
				unpaid by a predecessor employer as of the date that the successor employer
				acquired the predecessor's business. This determination must be made in writing
				and is appealable. A copy of such determination with notice of appeal rights
				must be retained by the Bureau. The factors to be used in determining whether a
				successorship has occurred are as follows:
1.
				The extent to which the successor's enterprise retains its pre-transfer
				identity;
2. The successor's
				capacity to produce similar goods and services;
3. Continuity of management;
4. Similarity in methods of production and
				distribution;
5. Identity of the
				employment force; and
6. The amount
				of assets, particularly employment producing or income producing assets,
				transferred.
The Bureau will take into account the combination of factors
				  to determine the extent to which the successor has the capacity to perpetuate
				  the business of the predecessor; no single factor is determinative of the
				  issue.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-14 - Proprietorship/Partnership Income; Corporate Officers

Current through 2024-29, July 17, 2024
A. In
				making assessments for contributions and determinations with respect to
				employment status under the Employment Security Law, remuneration received for
				services performed by proprietors or partners of a business is personal income
				and is not subject to taxation. The existence of a proprietorship or
				partnership negates the applicability of the employment standards test set
				forth in paragraph E of subsection
				11 of Section 1043 of the Employment
				Security Law with respect to the services performed by proprietors or partners.
				In determining whether a partnership exists, the factors to be considered by
				the Bureau include but are not limited to the following:
1. A written partnership agreement is not
				necessary for a business to qualify as a partnership.
2. A partnership may be established by the
				agreement of the parties to pool their resources to jointly seek profits and
				share in the losses.
3. The entire
				arrangement between the parties must be analyzed under the totality of the
				circumstances in order to discern the true intent of the parties.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-15 - Responsible Individual Assessment

Current through 2024-29, July 17, 2024
For purposes of assessing liability of an officer, director
				  or member of the employer pursuant to Section 1225 (1-B), the Bureau will rely
				  on the factors set forth in the case of
Prescott v. State Tax
				  Assessor
, 1998 ME 250, 721 A.2d 169, as follows:
A. It is the assessed person's burden to show
				that he or she is not a responsible person;
B. The term "responsible" is given a broad
				interpretation, focusing on the individual's status, duty and authority to
				determine whether bills should, or should not, be paid and when, including the
				ultimate decision whether the unemployment contributions should be paid when
				due;
C. Responsibility is imposed
				on all individuals who had the authority and responsibility to avoid the
				default in paying the contributions when due; each individual is jointly and
				severally liable for the total amount due;
D. Responsibility is based on the function of
				the individual in the business, not the title or level of office
				held;
E. The individual assessed
				must have exercised authority over the financial affairs or general management
				of the business, or must have had a duty to do so; this control does not have
				to be exclusive to the individual being assessed;
F. Indicia of responsibility to pay the
				contributions include, but are not limited to, the holding of corporate office,
				the authority to disburse corporate funds and stock ownership, the ability to
				hire and fire employees, check-signing authority, and managing of day-to-day
				responsibilities;
G. A superior's
				instructions to another to not pay the contributions will not relieve that
				individual of the responsibility; delegating responsibility for financial
				matters will also not relieve the individual of responsibility;
H. The existence of authority in the general
				management and fiscal decisionmaking of the business, regardless of whether it
				is exercised, is determinative of the responsibility.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 2 - EMPLOYER NOTICES, RECORDS, CONTRIBUTION AND REIMBURSEMENT PAYMENTS AND REPORTS › Section 172-2-16 - Localization of Service

Current through 2024-29, July 17, 2024
A. For purposes of
				determining whether an individual's service is localized in the state of Maine
				pursuant to Section 1043(11)(A), the Bureau will look at the employer's intent
				or expectation at the time of hire as to which state where the individual will
				perform the services. If the individual is performing services in a state other
				than Maine, the Bureau will make the determination based on additional factors,
				including the base of operations or place from which the services are directed
				and controlled, or in cases where there is no one state in which the
				individual's work is located, the individual's state of residence.
B. An employer who employs individuals in
				more than one state is required to maintain coverage for its employees in the
				states in which the employees' work is localized. If the employer cannot
				ascertain localization of work for its employees, it must establish an
				interstate coverage agreement with the states in which its employees are
				performing services.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 3 - UNEMPLOYMENT BENEFITS, INTRASTATE › Section 172-3-1 - Benefits for total unemployment, as to claimants

Current through 2024-29, July 17, 2024
A. Claims for total unemployment benefits
				must be made in accordance with this section and upon forms or by other methods
				approved by the bureau.
B. Claims
				for total unemployment benefits will be accepted by the bureau only when filed:
1. Through a telephone claims center of the
				bureau, either by telephone or by mail in accordance with procedures as
				approved by the bureau; or
2. At
				any location authorized by the bureau.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 3 - UNEMPLOYMENT BENEFITS, INTRASTATE › Section 172-3-2 - Benefits for partial unemployment, as to claimants and employers

Current through 2024-29, July 17, 2024
A. With respect to a partially unemployed
				individual whose wages are paid on a weekly basis, a week of partial
				unemployment shall be deemed to be that calendar week which includes the major
				part of his regular payroll week, and wages reported for the payroll week shall
				be considered as earned in such calendar week. Wages of partially unemployed
				individuals who are paid on other than a weekly basis shall be reported for the
				calendar week involved.
B. Each
				employing unit, immediately following the close of a week during which any
				individual customarily employed full time in its employ worked less than
				full-time hours and did not earn $5 or more in excess of his weekly benefit
				amount due to lack of work, or, while not having been affirmatively terminated,
				performed no services and earned no wages for a period of one calendar week due
				to lack of work, shall give such individual a claim form properly filled out,
				and thereafter if no employment is available the employing unit shall issue
				instructions to the worker for making application for total benefits. If the
				employing unit is not cognizant of an employee's weekly benefit amount, the
				claim form should be issued for the first week of less than full-time work in
				the employee's benefit year in order that a determination of the employee's
				rights may be made and the employing unit and the employee duly notified.
				Pending receipt of notice of the employee's benefit rights, the employing unit
				shall issue the claim form for each week of less than full-time work.
1. Issuance of the claim form to individuals
				for limited periods of more than one consecutive calendar week of performing no
				services and earning no wages while not having been affirmatively terminated
				may be authorized by the Bureau of Unemployment Compensation upon specific
				request from the employing unit due to temporary shut down of operations at the
				employing establishment.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 4 - UNEMPLOYMENT BENEFITS, INTERSTATE › Section 172-4-A - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in this subsection, unless the context clearly
				  requires otherwise:
1. "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.
2.
				"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" shall not include any
				individual who customarily commutes from a residence in an agent state to work
				in a liable state unless the bureau finds that this exclusion would create
				undue hardship on such claimants in specified areas.
3. "State" includes the Commonwealth of
				Puerto Rico, the District of Columbia, and the Virgin Islands.
4. "Agent state" means any state in which an
				individual files a claim for benefits from another state.
5. "Liable state" means any state against
				which an individual files, through another state, a claim for
				benefits.
6. "Benefits" means the
				compensation payable to an individual, with respect to his unemployment, under
				the unemployment insurance law of any state.
7. "Week of unemployment" means any week of
				unemployment as defined in the law of the liable state from which benefits with
				respect to such week are claimed.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 4 - UNEMPLOYMENT BENEFITS, INTERSTATE › Section 172-4-B - Registration for work

Current through 2024-29, July 17, 2024
1. 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. Such registration shall be accepted as meeting the
				registration requirements of the liable state.
2. 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 Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 4 - UNEMPLOYMENT BENEFITS, INTERSTATE › Section 172-4-C - Benefit Rights of Interstate Claimants

Current through 2024-29, July 17, 2024
1. If a
				claimant files a claim against any state, and it is determined by such state
				that the claimant has available benefit credits in such state, then claims
				shall be filed only against such state as long as benefit credits are available
				in that state. Thereafter, the claimant may file claims against any other state
				in which there are available benefit credits.
For purposes of this chapter, 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.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 4 - UNEMPLOYMENT BENEFITS, INTERSTATE › Section 172-4-D - Claims for Benefits

Current through 2024-29, July 17, 2024
1. Claims shall be
				filed in accordance with liable state regulations for the filing of intrastate
				claims:
a. 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 such claims under the law of the agent state.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 4 - UNEMPLOYMENT BENEFITS, INTERSTATE › Section 172-4-E - Determinations of claims

Current through 2024-29, July 17, 2024
1. The agent state
				shall, in connection with each claim filed by an interstate claimant, ascertain
				and report to the liable state in question such facts relating to the
				claimant's availability for work and eligibility for benefits as are readily
				determinable in and by the agent state.
2. 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 shall
				not refuse to take an inter­state claim.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 4 - UNEMPLOYMENT BENEFITS, INTERSTATE › Section 172-4-F - Appellate Procedure

Current through 2024-29, July 17, 2024
1. The agent state
				shall afford all reasonable cooperation in the taking of evidence and the
				holding of hearings in connection with appealed interstate benefit
				claims.
2. 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 Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 5 - RULES OF PRACTICE GOVERNING ADJUDICATORY PROCEEDINGS › Section 172-5-1 - Proceedings before the Division of Administrative Hearings and the Commission

Current through 2024-29, July 17, 2024
A. Notice.
1. Notice of the right to appeal a
				determination made pursuant to section 1194, subsection 2; or section 1082,
				subsections 13 and 14; or section 1221; or section 1228; notice of the right to
				appeal an assessment made under section 1225; and notice of hearing to be held
				by the Division of Administrative Hearings and/or the commission shall be given
				as follows: By regular 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
				and to request a hearing if so desired. The Unemployment Compensation tax field
				staff may hand deliver notices of appeal rights and will retain copies of all
				such deliveries.
2. All notices of
				hearing shall contain the following:
a. A
				statement of legal authority and jurisdiction under which the proceeding is
				being conducted;
b. A reference to
				the particular substantive statutory and rule provisions involved;
c. A short and plain statement of the nature
				and purpose of the proceeding and of the matters asserted;
d. A statement of the time and place of the
				hearing;
e. A statement of the
				manner and time within which evidence and argument may be submitted to the
				Division of Administrative Hearings or the Commission for
				consideration.
3. Notice
				of appeal rights must state the place and manner for taking an appeal and the
				period within which an appeal may be taken. As to the commission, notice of
				appeal rights shall state that the commission is not required to hold a hearing
				and that it is the burden of the appealing party to show a need for such a
				hearing.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 5 - RULES OF PRACTICE GOVERNING ADJUDICATORY PROCEEDINGS › Section 172-5-2 - Proceedings before the Division of Administrative Hearings

Current through 2024-29, July 17, 2024
A. At or before the hearing, the Division of
				Administrative Hearings shall inform all parties to a dispute of their right to
				examine the contents of the case file in the Division's possession and of their
				opportunity to offer into evidence during the hearing any item in the file not
				received into evidence upon the Division's own motion.
B. Decisions of the Division of
				Administrative Hearings shall be mailed to all interested parties or the
				representative of record. including the deputy whose decision was
				reconsidered.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 5 - RULES OF PRACTICE GOVERNING ADJUDICATORY PROCEEDINGS › Section 172-5-3 - Proceedings before the Commission

Current through 2024-29, July 17, 2024
A. The
				commission may remand any claim or any issue involved in a claim to the
				Division of Administrative Hearings or the Unemployment Compensation Tax
				Division for the taking of additional evidence as the commission may deem
				necessary. Such testimony shall be taken by the Division of Administrative
				Hearings in the manner prescribed for the conduct of hearings on appeals before
				the Division of Administrative Hearings. Upon the completion of the taking of
				evidence by the Division of Administrative Hearings pursuant to the direction
				of the commission, the claim or the issues involved in such claim shall be
				returned to the commission for its decision thereon.
In addition to what is described above, the commission may,
				  as it deems necessary, in cases where there has been no hearing conducted by
				  the Division of Administrative Hearings or fact-finding conducted by the
				  deputy, remand such claim or issue to the Division of Administrative Hearings
				  for the purpose of holding a hearing or to the deputy for the purpose of
				  conducting a fact-finding interview, as appropriate. In such cases, the
				  Division of Administrative Hearings or the deputy shall render the decision
				  instead of returning the case to the commission for further action.
B. If the decision of the
				commission is not unanimous, the decision of the majority shall rule.
The minority may file a dissent from such decision. Copies of
				  all decisions and the reasons therefor shall be mailed by the commission to the
				  interested parties or the representative of record.
C. The commission has the authority to
				create, revise, and issue any and all forms relating to its legally authorized
				activities.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 5 - RULES OF PRACTICE GOVERNING ADJUDICATORY PROCEEDINGS › Section 172-5-4 - Reconsideration of Commission Decision

Current through 2024-29, July 17, 2024
A. An
				interested party may request the Commission to reconsider its decision in a
				case, only if such request for reconsideration is filed in writing with the
				commission within 10 days of receipt of the original commission decision. Such
				request must set forth with specificity the reasons for which the party
				believes the decision requires reconsideration.
B. Unless an interested party appears at the
				hearing before the Division of Administrative Hearings or at the commission
				hearing, if one was held, he or she may not request reconsideration of the
				commission decision, unless such nonappearance was for good cause as determined
				by the commission.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 5 - RULES OF PRACTICE GOVERNING ADJUDICATORY PROCEEDINGS › Section 172-5-5 - Time limit for the Filing of an Appeal

Current through 2024-29, July 17, 2024
The Employment Security Law at
				   26 M.R.S.A.
				  Sections1194(2), (3), (8), and
				  (10) provides for the period within which an
				  appeal may be filed by interested parties. When the period during which an
				  appeal may be filed under the Employment Security Law ends on a Saturday,
				  Sunday or holiday, the appeal period shall end on the next day which is not a
				  Saturday, Sunday or holiday if the appeal is filed by delivery and is received
				  in-hand by the agency. If the appeal is filed by mailing, however, the appeal
				  period will not be extended, and the appeal must be postmarked within the
				  statutory appeal period, unless the appeal period falls on a Sunday or a
				  holiday, in which case the appeal period will be extended until the next day
				  which is not a Sunday or holiday.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 5 - RULES OF PRACTICE GOVERNING ADJUDICATORY PROCEEDINGS › Section 172-5-6 - Processing Applications for Appeals

Current through 2024-29, July 17, 2024
A.
				Determination by a Deputy. When an interested party expresses dissatisfaction
				with a determination which was made by a deputy, the deputy shall assist the
				party in filing an appeal. If, during the taking of the appeal, new evidence or
				pertinent facts that might alter the determination become known to the deputy,
				the deputy must review that new evidence or pertinent facts in order to
				determine if a redetermination, as authorized by the Employment Security Law at
				26 M.R.S.A. Section1194(2), should be made. The deputy shall not encourage or
				discourage an interested party from filing an appeal.
B. Determination by the Division of
				Administrative Hearings. When an interested party expresses dissatisfaction to
				a deputy with a determination which was made by the Division of Administrative
				Hearings, the deputy shall assist the party in filing an appeal.
C. Form of Appeals
1. Appeals to the Division of Administrative
				Hearings. Appeals under all applicable sections of the Employment Security Law
				and these rules shall be made in writing or by electronic means. Electronic
				means shall include, but not be limited to, the telephone, electronic mail, and
				using the Internet. Such appeals may be filed on a form and using procedures
				prescribed by the Department.
2.
				Appeals to the Commission. Appeals to the commission under all applicable
				sections of the Employment Security Law and these rules shall be made in
				writing. Such appeals may be filed on a form prescribed by the commission or by
				any other written means.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 6 - SEASONAL INDUSTRY PROGRAM › Section 172-6-2 - Payment of benefits

Current through 2024-29, July 17, 2024
A. Definitions.
1. "Seasonal work" shall mean employment in
				seasonal industries within the determined seasonal period or periods.
2. "Seasonal unemployment" shall mean an
				indivi­dual's unemployment occurring within the seasonal period or
				periods corresponding to the seasonal period or periods in which the individual
				earned his or her base period wages.
3. "Non-seasonal work" shall mean employment
				in non-seasonal industries or employment in seasonal industries outside of the
				determined seasonal period or periods.
4. "Non-seasonal unemployment" shall mean an
				individual's entire period of unemployment if the individual has no base period
				wages in employment by a seasonal employer or an individual's unemployment
				occurring outside of the seasonal period or periods correspond­ing to
				the seasonal period or periods in which the individual earned his or her base
				period wages.
5. "Seasonal
				employer" shall mean in employer that pays seasonal wages.
6. "Non-seasonal employer" shall mean an
				employ­er that pays non-seasonal wages.
7. "Seasonal wages" shall mean wages paid for
				seasonal work during the seasonal period or periods by an employer in a
				seasonal industry.
8. "Non-seasonal
				wages" shall mean wages paid by an employer in a non-seasonal industry or wages
				paid for any services performed outside of the seasonal period or periods by an
				employer in a seasonal industry.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 6 - SEASONAL INDUSTRY PROGRAM › Section 172-6-3 - Charging and Assessing for Benefits

Current through 2024-29, July 17, 2024
A. Benefits for
				Seasonal Unemployment.
Benefits paid for seasonal unemployment shall be charged to
				  the experience rating record of the claimant's most recent subject seasonal or
				  non-seasonal employer in accordance with subsection 3 of section 1221 of the
				  Employment Security Law. Seasonal employers who are liable for payments in lieu
				  of contributions shall be assessed for bene­fits paid for seasonal
				  unemployment in accordance with subsection 14 of section 1221 of the
				  Employ­ment Security Law.
B. Benefits for Non-seasonal Unemployment.
				The experience rating record of the claimant's most recent subject non-seasonal
				employer shall be charged with non-seasonal unemployment benefits paid to
				individuals when such benefits are not chargeable by law to the general fund.
				Non-seasonal employers who are liable for payments in lieu of contributions
				shall be assessed for benefits paid for non-seasonal unemployment in accordance
				with subsection 14 of section 1221 of the Employment Security Law.
C. Nothing in this section shall prevent the
				experi­ence rating record of employers in seasonal indus­tries
				from being charged with benefits paid for non-seasonal unemployment when such
				employer has paid non-seasonal wages to an individual and the employer is the
				most recent employer for whom the individual's work record exceeds 5
				consecutive weeks of total or partial employment.
D. Nothing in this rule shall prevent the
				transfer of wages in accordance with the requirements and procedures provided
				for in the reciprocal benefit arrangements made in accordance with subsection
				12 of section 1082 of the Employment Security Law. Whenever wages from seasonal
				work, which was performed for an employer who is liable for contributions, are
				transferred to another state, all charges for benefit payments which are based
				on such wages shall be made to the General Fund.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 7 - ADVISORY RULINGS › Section 172-7-1 - Procedure for issuance of advisory rulings

Current through 2024-29, July 17, 2024
A.
				Advisory rulings may be made by the Commission with respect to the
				applicability of any statute or rule administered by the commission or the
				bureau.
B. All requests for
				advisory rulings shall be made in writing and submitted to the director of
				unemployment compensation 20 Union Street, Augusta, Maine. Such requests shall
				state the facts and statutes or rules on which the ruling is
				requested.
C. The director of
				unemployment compensation may request from any person securing an advisory
				ruling any additional information that is necessary. Failure to supply such
				additional information shall be cause for the commission to decline to issue an
				advisory ruling.
D. The commission
				may decline to issue an advisory ruling if any administrative or judicial
				proceeding is pending with the person requesting the ruling on the same factual
				grounds. The commission may decline to issue an advisory ruling if such a
				ruling may harm the commission's interest in any litigation in which it is or
				may be a party.
E. All advisory
				rulings shall be issued no later than 30 days from the date all information
				necessary to make a ruling has been received by the director of unemployment
				compensation.
F. No advisory ruling
				shall be binding upon the commission provided that in any subsequent
				enforcement action initiated by the commission, any person's reliance on such
				ruling shall be considered in mitigation of any penalty sought to be
				assessed.