reglab/statecodes huggingface dataset:
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 09.32.07.02 - Scope and Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations apply to any claimant who has been found to
				  have received an overpayment of unemployment insurance benefits and requested a
				  waiver, unless the overpayment was determined to have resulted from fraud on
				  the part of the claimant.
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 09.32.07.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Claimant" means any individual who has
				filed a claim for unemployment insurance benefits.
(2) "Deliver" or "delivery" means the
				Department's transmission of a communication to a claimant in accordance with
				the claimant's preferred communication method. In cases involving notices of a
				decision of an overpayment waiver request, the term "deliver" or "delivery"
				means to also require transmission by first-class mail to the claimant's last
				known address.
(3) "Department"
				means the Department of Labor, Licensing, and Regulation.
(4) "Overpaid claimant" means any claimant
				who has been determined to have received an overpayment of unemployment
				insurance benefits.
(5)
				"Overpayment" means any amount of unemployment insurance benefits received by
				an individual which has been determined to be in excess of that which the
				individual was entitled to receive under the applicable law.
(6) "Secretary" means the Secretary of Labor,
				Licensing, and Regulation, or the Secretary's authorized
				representative.
(7) "Unemployment
				insurance benefits" means any monetary payments of benefits, including
				dependents' allowances, which are made pursuant to:
(a) The Unemployment Insurance Law and
				intended to replace income lost by reason of unemployment; or
(b) Another state's unemployment insurance
				law or an unemployment insurance benefit program of the United States, where
				the benefits paid are subject to a governmental offset agreement.
(8) "Unemployment Insurance Law"
				means Labor and Employment Article, Title 8, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.07 - Reconsideration of Unemployment Insurance Overpayment Recovery and Waiver Request › Section 09.32.07.04 - Recovery of Overpayments

Current through Register Vol. 51, No. 14, July 12, 2024
The Department may recover overpayments by beginning civil
				  actions or, in the discretion of the Secretary, overpayment may be offset
				  against current or future payments of unemployment insurance benefits to which
				  the overpaid claimant is entitled. If the Department chooses to recover the
				  overpayment by offset, the amount of the offset may be 100 percent of the
				  current or future weekly benefit entitlement. The Department may not recover an
				  overpayment before the time for requesting an overpayment waiver has expired,
				  while a timely filed waiver request is pending decision by the Secretary or the
				  Secretary's designee, or while a timely filed appeal of the denial of an
				  overpayment waiver request is pending.
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 09.32.07.05 - Waiver of Recovery of Overpayments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Waiver of recovery of the overpayment will
				be approved when, in the judgment of the Secretary, the overpaid claimant:
(1) Is without fault; and
(2) Lacks the ability to pay now and in the
				foreseeable future, or is likely to be below the federal minimum poverty level
				and is likely to remain there for the foreseeable future.
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 09.32.07.06 - Determination of Fault

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Fault", as
				used in the phrase "without fault", applies only to the fault of the overpaid
				claimant. Fault on the part of the Department in making the overpayment does
				not relieve the overpaid claimant of liability for repayment if the claimant's
				fault contributed to the overpayment.
B. In determining whether an individual is at
				fault, the Secretary may consider the nature and cause of the overpayment and
				the capacity of the particular claimant to have recognized the error causing
				the overpayment. The elements which constitute fault on the part of the
				overpaid claimant depend upon whether the facts show:
(1) An incorrect statement made by the
				claimant which the claimant knew or should have known to be
				incorrect;
(2) Failure to furnish
				information which the claimant knew or should have known to be material,
				including failure to correct a monetary determination; or
(3) Acceptance of a payment which the
				claimant knew or should have known was incorrect.
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 09.32.07.07 - Notice of Recovery and Right to Request Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
When the Secretary decides to recover an overpayment, the
				  Secretary shall notify the overpaid claimant in writing. The notice shall
				  include:
A. The amount to be
				recovered;
B. The weeks with
				respect to which the benefits were paid;
C. The provision of the law under which it
				was determined that the claimant was ineligible for benefits;
D. A brief explanation of the means available
				to the Department for recovery of the overpayment;
E. A statement directing the claimant to the
				claimant's local office to obtain an application for waiver of overpayment;
				and
F. A statement advising that
				the claimant has 30 days from the date of the notice to submit an application
				for waiver of overpayments, unless the claimant can show good cause for not
				meeting the 30-day requirement.
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 09.32.07.08 - Processing of Application for Waiver of Overpayment

Current through Register Vol. 51, No. 14, July 12, 2024
A. After an
				application for waiver of overpayment is received, the local office
				representative shall determine the cause of the overpayment and forward the
				application to the Department's recoveries section. The recoveries section
				shall make the initial recommendation to recover or waive the
				overpayment.
B. If the
				recommendation is to recover the overpayment and deny waiver, written notice
				shall be given to the claimant. The notice shall include a statement:
(1) Of the reasons for the proposed denial in
				accordance with Regulation .05 of this chapter, including a determination of
				fault and the claimant's ability to pay. If the waiver request is denied on the
				ground that the overpaid claimant was at fault, however, no further finding
				will be made.
(2) Advising the
				claimant of the right to provide additional information within 15 days to the
				Secretary for the Secretary's consideration.
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 09.32.07.09 - Interest on Overpayments

Current through Register Vol. 51, No. 14, July 12, 2024
Interest on overpayments shall be calculated from the initial
				  determination of the overpayment.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.08 - Access to Unemployment Insurance Records › Section 09.32.08.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out the procedures for access to and
				  inspection of unemployment insurance records related to the determination of a
				  claim. The procedures described in this chapter are in addition to the
				  procedures for obtaining access to and inspection of records under the Maryland
				  Public Information Act pursuant to COMAR 09.01.04. A claimant or employer, as
				  defined in this chapter, may choose to proceed under either COMAR 09.01.04 or
				  this chapter in order to obtain access to and inspection of unemployment
				  insurance records.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.08 - Access to Unemployment Insurance Records › Section 09.32.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Claimant" means an individual who
				submits a claim for unemployment insurance benefits.
(2) "Department" means the Department of
				Labor, Licensing, and Regulation.
(3) "Employer" means a person or governmental
				entity who employs at least one individual within the State and who is an
				interested party in the determination of the claimant's claim.
(4) "Unemployment insurance office" means:
(a) Any local office that processes claims
				for unemployment insurance benefits; or
(b) The central office of the Office of
				Unemployment Insurance of the Department of Labor, Licensing, and
				Regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.08 - Access to Unemployment Insurance Records › Section 09.32.08.03 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies only to requests made to an unemployment
				  insurance office by a claimant or employer for the inspection or copying of
				  unemployment insurance records related to the determination of a claim for
				  unemployment insurance benefits.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.08 - Access to Unemployment Insurance Records › Section 09.32.08.04 - Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A claimant or
				employer, or an authorized representative of a claimant or employer, may
				request to inspect or copy the unemployment insurance records related to the
				determination of the claimant's claim for benefits. The request may be directed
				to either the manager of the unemployment insurance office where the claim was
				filed or the custodian of records of the Office of Unemployment
				Insurance.
B. Upon the request of a
				claimant or employer, or an authorized representative, and upon the reasonable
				verification of the claimant's or employer's or representative's identify, the
				unemployment insurance office to whom the request was made shall, with
				reasonable promptness, make available to the requestor for inspection and
				copying unemployment insurance records related to the determination of the
				claimant's claim.
C. A claimant or
				employer who requests access to and inspection of unemployment insurance
				records may inspect the records during the normal working hours of the
				unemployment insurance office to which the request was made.
D. If a determination of a claim for
				unemployment insurance benefits is appealed, the unemployment insurance office
				where the claim was filed shall maintain a copy of all records upon which the
				determination is based and make them available to a claimant or employer, or
				the authorized representative of the claimant or employer, upon
				request.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.09 - Workplace Fraud › Section 09.32.09.01 - Evidence of a Knowing Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may consider evidence under
				§B of this regulation that an employer knowingly failed to properly
				classify an employee.
B. The
				evidence shall include the following:
(1) Any
				previous violation of the Workplace Fraud Act or a violation of any other state
				or federal law that involves similar issues related to the classification of
				employees;
(2) Refusal or failure
				of the employer to produce records requested pursuant to Labor and Employment
				Article, §
										8-625(b),
				Annotated Code of Maryland;
(3)
				Refusal or failure of the employer to cooperate with an investigation
				authorized under Labor and Employment Article, §
										8-306, Annotated
				Code of Maryland;
(4) Evidence that
				the employer classifies differently individuals who perform substantially the
				same tasks, allowing for the business model described in Labor and Employment
				Article, §
										3-903(c)(3),
				Annotated Code of Maryland; and
(5)
				Any other credible evidence of the employer's actual knowledge of, deliberate
				ignorance of, or reckless disregard for whether or not the worker is
				misclassified.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.10 - Employer Audits › Section 09.32.10.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out the Division of Unemployment
				  Insurance's procedures for conducting an audit, the related requirements for
				  employers, and procedures for agency level review prior to
				  appeal.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.10 - Employer Audits › Section 09.32.10.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
For the purpose of this chapter, "audit" means a review of an
				  employer's records to ensure compliance with the Maryland Unemployment
				  Insurance Law and regulations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.10 - Employer Audits › Section 09.32.10.03 - Audit Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Assignment.
(1) Upon receipt of an audit assignment, a
				field auditor shall send an audit notice letter to the employer advising that
				the employer is the subject of an audit by the field investigation and audit
				unit.
(2) The letter shall:
(a) State the authority for conducting the
				audit;
(b) Contain a list of
				records that the auditor will review in order to conduct the audit;
				and
(c) Request that the employer
				contact the auditor within 15 business days to arrange a convenient time to
				conduct the audit.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.10 - Employer Audits › Section 09.32.10.04 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. An auditor may
				request any records necessary from an employer including, but not limited to,
				those set forth in the Labor and Employment Article, §§
									8-306(b)
				and
				8-625, Annotated
				Code of Maryland, and COMAR
				09.32.01.06B.
				efusal or failure by an employer, or the employer's representative, to provide
				requested records to an auditor may result in the issuance of a
				subpoena.
B. Refusal or failure by
				an employer, or the employer's representative, to provide requested documents
				after issuance of a subpoena may result in either or both of the following:
(1) Judicial enforcement of the subpoena;
				or
(2) Placement of estimated
				assessments on the employer's account. No judicial action to collect on
				estimated assessments will occur until a final determination is made.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.10 - Employer Audits › Section 09.32.10.05 - Appeal of Audit Findings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an
				auditor determines that adjustments to an employer's account are warranted, the
				auditor shall issue preliminary audit findings.
B. If the employer disagrees with the
				preliminary audit findings, the employer may request a review determination
				within 30 days of the date of the preliminary audit letter.
C. Upon receipt of a request for a review
				determination, a reviewer designated by the Secretary shall be assigned to
				conduct the review determination.
D. The designated reviewer may:
(1) Review the audit work papers;
(2) Speak to the employer and designated
				representative; and
(3) Request any
				additional information the reviewer deems necessary.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.11 - Lower Appeals Division - Appeals Procedure › Section 09.32.11.01 - Filing of Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Manner of
				Filing.
(1) An appeal from a claims
				examiner's determination or an appeal of a review determination shall be in
				writing and signed by the party appealing, or the party's attorney or
				authorized representative. The appeal may be filed by mail, by facsimile, by
				hand delivery to the Lower Appeals administrative office at the Lower Appeals
				Division address listed on the benefit determination or review determination,
				or by other electronic means in a format approved by the Chief Hearing
				Examiner.
(2) In the event of an
				appeal from a determination of a claims examiner involving more than one
				claimant on the same issue, the appeal may be filed by the individual claimants
				or by an authorized representative on their behalf. The authorized
				representative shall submit, together with the appeal, a list containing the
				names, addresses, and last four digits of the Social Security numbers of the
				claimants who are parties to the appeal.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.11 - Lower Appeals Division - Appeals Procedure › Section 09.32.11.02 - Hearings Before the Hearing Examiner

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scheduling Authority. The scheduling
				authority in the case of an appeal pending before a Hearing Examiner is the
				Chief Hearing Examiner or the Chief Hearing Examiner's designee.
B. Notice of Hearing.
(1) The interested parties shall be given at
				least 7 business days notice in writing of the time and place of any hearing
				before the Hearing Examiner.
(2)
				Notice is sufficient when mailed to the party, postage prepaid, at the last
				known post office address of the party or by electronic means in a format
				approved by the Chief Hearing Examiner, if the party has opted to receive
				notice by electronic means.
(3) In
				the case of appeals filed under Regulation .01A(2) of this chapter, notice sent
				in accordance with §B(2) of this regulation to the attorney or authorized
				representative, and to each individual appellant who filed an individual appeal
				or who requested individual notice, shall be sufficient notice to all parties
				represented by the attorney or authorized representative.
(4) (text unchanged)
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.11 - Lower Appeals Division - Appeals Procedure › Section 09.32.11.03 - Hearing Examiner Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				After the hearing before the Hearing Examiner, the parties and the Secretary
				shall be notified of the decision of the Hearing Examiner and the reasons for
				it.
B. The Hearing Examiner's
				decision shall include specific findings of fact on all relevant factual
				issues, and conclusions of law which apply the law to the facts
				found.
C. Decisions of the Board of
				Appeals designated as precedent by the Board constitute legal precedent for the
				Hearing Examiner's decisions.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.11 - Lower Appeals Division - Appeals Procedure › Section 09.32.11.04 - Review by the Board of Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
If the Hearing Examiner does not affirm the determination of
				  the claims examiner or the review determination, the decision shall be
				  accompanied by the notice of the right of appeal to the Board of Appeals. If
				  the Hearing Examiner affirms the determination of the claims examiner or the
				  review determination, the decision shall be accompanied by the notice of the
				  provisions of the law providing for petition for review to request a
				  discretionary appeal.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.12 - Procedures for Initial Determination of Unemployment Insurance Overpayments and for Appeals of Overpayment Determinations › Section 09.32.12.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of these regulations is to establish procedures
				  for the initial determination of overpayments of unemployment insurance
				  benefits, and to establish the appeal process of such determinations in
				  accordance with Labor and Employment Article, §
									8-809(c),
				  Annotated Code of Maryland, and applicable federal law.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.12 - Procedures for Initial Determination of Unemployment Insurance Overpayments and for Appeals of Overpayment Determinations › Section 09.32.12.02 - Scope and Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations apply to any claimant whom the Secretary or
				  the Secretary's designee has reason to believe may have received an overpayment
				  of unemployment insurance benefits or has been determined to have received an
				  overpayment of unemployment insurance benefits.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.12 - Procedures for Initial Determination of Unemployment Insurance Overpayments and for Appeals of Overpayment Determinations › Section 09.32.12.03 - Pre-Determination Investigations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				determining that a claimant has been overpaid, the Secretary or the Secretary's
				designee shall conduct a pre-determination investigation in accordance with
				Labor and Employment Article, Title 8, Annotated Code of Maryland, and other
				applicable law.
B. As a part of the
				pre-determination investigation, the Department shall take the following steps:
(1) Make reasonable attempts to promptly
				contact the claimant to whom the potential overpayment was made and provide the
				claimant with an opportunity to respond to requests for information about the
				potential overpayment;
(2)
				Independently verify information received from a computer cross-match with a
				federal database or other automatic processes or matches;
(3) Make reasonable attempts to gather all
				relevant information that is of sufficient quality and quantity to support the
				findings and rationale for the determination; and
(4) Provide the claimant an opportunity to
				rebut information received from a computer cross-match with any database, or
				from an employer or other outside source.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.12 - Procedures for Initial Determination of Unemployment Insurance Overpayments and for Appeals of Overpayment Determinations › Section 09.32.12.04 - Notice of Determination of Overpayment

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, after
				conducting the investigation under Regulation .03 of this chapter, the
				Secretary or the Secretary's designee determines that the claimant was
				overpaid, the Secretary or the Secretary's designee shall deliver notice to the
				claimant.
B. The notice shall be
				delivered to the claimant by first-class mail to the claimant's last known
				address and in accordance with the claimant's preferred communication method,
				if other than first-class mail, and shall:
(1)
				Contain all information required by Labor and Employment Article, §
										8-809(c)(1),
				Annotated Code of Maryland;
(2)
				Provide that the claimant has been determined liable to refund the amount of
				benefits to which the claimant is not entitled and that the amount, if not
				previously collected, shall be deducted from future benefits payable to the
				claimant, unless the claimant exercises the claimant's appeal rights more
				specifically set forth in Regulation .05 of this chapter, or waiver rights more
				specifically set forth in COMAR 09.32.07; and
(3) Provide information on the procedures to
				request an overpayment waiver.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 32 - UNEMPLOYMENT INSURANCE › Chapter 09.32.12 - Procedures for Initial Determination of Unemployment Insurance Overpayments and for Appeals of Overpayment Determinations › Section 09.32.12.05 - Appeal Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the event a
				claimant challenges the finding of overpayment, or the amount of overpayment,
				the claimant may appeal the Department's determination, provided, however, that
				any appeal exercised pursuant to the provisions of this chapter shall be
				limited solely to the overpayment issue.
B. If no appeal is taken within 30 days after
				delivery of the notice of overpayment determination, no timely filed waiver
				request is pending decision by the Secretary or the Secretary's designee, and
				no timely filed appeal of the denial of an overpayment waiver request is
				pending, the overpayment determination will be considered final and the court
				shall, upon application of the Department, enter a judgment in the amount
				provided by the notice of overpayment determination
C. Appeals described in this regulation shall
				be made in accordance with COMAR 09.32.11 or, if the claimant disagrees with
				the decision issued, in accordance with COMAR 09.32.06, as
				applicable.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.01 - Job Service › Section 09.33.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set forth the policies and procedures for
				  employers and applicants seeking to use the Maryland Job
				  Service.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.01 - Job Service › Section 09.33.01.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
Job Service shall operate a labor exchange system that has
				  the capacity to:
A. Assist job seekers
				in finding employment;
B. Assist
				employers in filling jobs;
C.
				Facilitate the match between job seekers and employers;
D. Participate in a system for clearing labor
				among the states, including the use of standardized classification systems
				issued by the Secretary of the U.S. Department of Labor;
E. Meet the work test requirements of the
				Unemployment Insurance Law; and
F.
				Meet other requirements arising from changes in legislation or
				regulations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.01 - Job Service › Section 09.33.01.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Applicant" means an individual who
				applies for Job Service services.
(2) "Complaint" means an allegation made or
				referred to Job Service of a violation of the federal Job Service regulations
				or other federal, State, or local employment-related law.
(3) "Department" means the Department of
				Labor, Licensing, and Regulation.
(4) "Employer" means a person or entity that:
(a) Currently has a location within the
				United States to which U.S. workers and alien workers with valid work permits
				may be referred for employment;
(b)
				Proposes to employ a worker; and
(c) Has an employer relationship with respect
				to employees as indicated by the fact that it hires, pays, fires, supervises,
				and otherwise controls the work of the employee.
(5) "Job Service" means the Maryland Job
				Service, a program of the Office of Employment Services within the
				Department.
(6) "Public employment
				office" means an office of the Department maintained for the purpose of
				providing placement and other services of the public employment service
				system.
(7) "Secretary" means the
				Secretary of Labor, Licensing, and Regulation or the Secretary's
				designee.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.01 - Job Service › Section 09.33.01.04 - Compliance with Law

Current through Register Vol. 51, No. 14, July 12, 2024
The Job Service shall be administered in accordance with the
				  Wagner-Peyser Act, 29 U.S.C.
				  §
										49, regulations adopted by the United
				  States Employment Service, and the Labor and Employment Article, §
									8-803, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.01 - Job Service › Section 09.33.01.05 - Job Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Job Order.
(1) An employer may place a job order with
				Job Service. A job order is a single request for referral of one or more
				applicants to fill one or more job openings in a single occupational
				classification. The job order shall provide sufficient information to describe
				the job.
(2) Pursuant to
				20 CFR §
											652.8(j) and COMAR
				01.01.1988.05B, Job Service shall fill all job orders on a nondiscriminatory
				basis, and shall decline any job order carrying a specification or limitation
				as to political or religious opinion or affiliation, marital status, race,
				color, creed, or national origin, or as to sex or age, unless sex or age
				constitutes a bona fide occupational qualification, or as to the physical or
				mental disability of a qualified individual with a disability.
(3) Pursuant to
				20 CFR §
											652.8(j), Job Service shall
				accept and attempt to accommodate employers' valid affirmative action requests
				in job orders by referring a significant number of qualified applicants from
				the target groups.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.01 - Job Service › Section 09.33.01.06 - Determinations of Eligibility for Unemployment Insurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Suitable Employment.
(1) The work test necessary to determine
				whether suitable work is available to an unemployment insurance claimant shall
				be performed by either Job Service staff, or another employee of the Department
				designated by the manager of the public employment office serving the
				claimant.
(2) The following factors
				shall be considered in making the determination if suitable work is available
				to a claimant:
(a) Claimant's
				skills;
(b) Claimant's
				training;
(c) Claimant's
				experience;
(d) Claimant's
				capabilities;
(e) Claimant's prior
				earnings;
(f) Claimant's length of
				unemployment;
(g) Claimant's
				prospects for securing customary occupation in the local area;
(h) The distance of available work from
				claimant's residence;
(i) Wages,
				hours, or other conditions of the work offered are substantially less favorable
				than those prevailing for similar work in the locality;
(j) The position offered is vacant due
				directly to a strike, lockout, or other labor dispute;
(k) As a condition of being employed, the
				individual will be required to forfeit rights secured by the National Labor
				Relations Act; and
(l) Any other
				factors that the Secretary determines are relevant.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.01 - Job Service › Section 09.33.01.07 - Job Service Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Job
				Service may not charge a referral fee to individuals who seek
				employment.
B. Job Service may not
				charge a fee to employers for placing job orders.
C. Job Service may charge a fee to employers
				requesting special services such as interviewing, screening, or training
				applicants at a location other than a public employment office.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.01 - Job Service › Section 09.33.01.08 - Job Service Complaint System

Current through Register Vol. 51, No. 14, July 12, 2024
A. Complaints. Both of the following types of
				complaints shall be made and processed in accordance with the Job Service
				Complaint System described in
				20 CFR
				658.400-----
				658.418:
(1) Complaints that are made against an
				employer about the specific job to which the applicant was referred by Job
				Service and that allege a violation of employment-related law or of the terms
				and conditions of the job order; and
(2) Complaints about Job Service actions or
				omissions.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.01 - Job Service › Section 09.33.01.09 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary particular provisions of
				  these regulations to the extent that the waiver is not inconsistent with
				  relevant State or federal law.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.02 - Economic Stabilization › Section 09.33.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Economic Stabilization Act regulations provide voluntary
				  guidelines for employers faced with a major reduction in the work
				  force.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.02 - Economic Stabilization › Section 09.33.02.02 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
This law does not apply to reductions in operations if the
				  reduction:
A. Results solely from
				labor disputes;
B. Occurs in a
				commercial, industrial, or agricultural enterprise operated by this State or
				its political subdivisions;
C.
				Occurs at construction sites or other temporary work places;
D. Results from seasonal factors that are
				determined to be customary in the industry; or
E. Results when an employer files for
				bankruptcy under federal bankruptcy laws.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.02 - Economic Stabilization › Section 09.33.02.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Employer" means
				a person, corporation, or other entity that employs at least 50 individuals and
				operates an industrial, commercial, or business enterprise in the State.
				"Employer" does not mean the State or its political subdivisions. "Employer"
				does not include any employer who has been doing business in the State for less
				than 1 year.
B. "Reduction in
				operations" means the:
(1) Relocation of a
				part of an employer's operation from one work place to another site;
				or
(2) Shutting down of a work
				place or a portion of the operations of a work place that reduces the number of
				employees by at least 25 percent or 15 employees, whichever is greater, over
				any 3-month period.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.02 - Economic Stabilization › Section 09.33.02.04 - Voluntary Guidelines for Employers Anticipating a Permanent Reduction in Work Force

Current through Register Vol. 51, No. 14, July 12, 2024
A. Employers facing
				a reduction in operations should:
(1) Meet
				with employee representatives regarding concessions or alternatives, or both,
				to closure in order to save the place and save jobs;
(2) Notify all impacted employees if a
				reduction in operation is required:
(a) At
				least 90 days before the termination date; and
(b) By written notice to each
				employee.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.02 - Economic Stabilization › Section 09.33.02.05 - Assistance from the Department of Labor, Licensing, and Regulation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				of Labor, Licensing, and Regulation shall make the Quick Response Program
				available to employers consisting of:
(1)
				On-site unemployment insurance bulk claims registration;
(2) Registration of federal trade
				readjustment services;
(3) Labor
				market and retraining information;
(4) Job placement services;
(5) Job seeking and finding information;
				and
(6) Referral to retraining
				opportunities.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.02 - Economic Stabilization › Section 09.33.02.06 - Mechanisms to Start Assistance Programs from the Department of Labor, Licensing, and Regulation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Employers
				may contact the Assistant Secretary for the Division of Employment and
				Training.
B. The Secretary of the
				Department of Labor, Licensing, and Regulation shall:
(1) Monitor layoffs to identify employers who
				are likely to experience a reduction in operations;
(2) Identify employers likely to experience a
				reduction in operations; and
(3)
				Contact all employers in the State who appear to be faced with or planning a
				permanent reduction in operations. This contact shall be:
(a) Made by telephone;
(b) Confidential;
(c) Directed to the chief executive of the
				business; and
(d) For the purpose
				of offering:
(i) Planning assistance,
				and
(ii) Assistance in providing
				services, if needed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.03 - Hospital Employees Retraining Program › Section 09.33.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of these regulations is to establish a program to
				  provide employment and retraining assistance to displaced hospital employees
				  who are unemployed or may become unemployed due to a hospital's change in
				  status as more particularly described in Health-General Article, Title 19,
				  Subtitle 3, Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.03 - Hospital Employees Retraining Program › Section 09.33.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Acquisition" has the meaning stated in
				Labor and Employment Article, §
										11-201(a)(2),
				Annotated Code of Maryland.
(2)
				"Closure" has the meaning stated in Labor and Employment Article, §
										11-201(a)(3),
				Annotated Code of Maryland.
(3)
				"Commission" means the Health Services Cost Review Commission.
(4) "Division" means the Division of
				Workforce Development and Adult Learning of the Maryland Department of
				Labor.
(5) "Downsize" has the
				meaning stated in Labor and Employment Article, §
										11-201(a)(5),
				Annotated Code of Maryland.
(6)
				"Full delicensure" has the meaning stated in Health-General Article, §
				19-326.1(a)(6), Annotated Code of Maryland.
(7) "Fund" has the meaning stated in Labor
				and Employment Article, §
										11-201(g),
				Annotated Code of Maryland.
(8)
				"Hospital" means a health care facility as defined in Health-General Article,
				§ 19-301(f), Annotated Code of Maryland, whose rates have been approved by
				the Commission.
(9) "May become
				unemployed" means the employee is at risk of displacement during the next 90
				days due to hospital acquisition, closure, partial closure, merger,
				delicensure, partial delicensure, or downsizing, and the:
(a) Employee has received written notice from
				the hospital that the employee is in a position or job classification that may
				be affected by acquisition, closure, partial closure, merger, delicensure,
				partial delicensure, or downsizing;
(b) Hospital has notified the Maryland
				Department of Labor or the Commission, pursuant to Regulation .03B(1) of this
				chapter, that the employee will be laid off due to acquisition, closure,
				partial closure, merger, delicensure, partial delicensure, or downsizing;
				or
(c) Hospital has notified the
				Maryland Department of Labor, pursuant to Regulation .03B(2) of this chapter,
				that the employee will be laid off.
(10) "Merger" has the meaning stated in Labor
				and Employment Article, §
										11-201(a)(6),
				Annotated Code of Maryland.
(11)
				"Partial closure" has the meaning stated in Labor and Employment Article,
				§
										11-201(a)(7),
				Annotated Code of Maryland.
(12)
				"Partial delicensure" has the meaning stated in Health-General Article, §
				19-326.1(a)(9), Annotated Code of Maryland.
(13) "Physician" has the meaning stated in
				Health-General Article, § 1-101(j), Annotated Code of Maryland.
(14) "Physician assistant" has the meaning
				stated in Health Occupations Article, §
										15-101(o),
				Annotated Code of Maryland.
(15)
				"Program" means the program established for the retraining of and job search
				assistance for eligible hospital employees who may become unemployed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.03 - Hospital Employees Retraining Program › Section 09.33.03.03 - Eligibility for Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				individual may be eligible for service through the Hospital Employees
				Retraining Program if the individual:
(1) Is
				included in a hospital's listing of employees scheduled for layoff as required
				by §B of this regulation;
(2)
				Either meets the eligibility requirements for unemployment insurance benefits
				under Labor and Employment Article, Title 8, Annotated Code of Maryland, or may
				become unemployed and provides the Department of Labor, Licensing, and
				Regulation with a copy of any notice received from the hospital which informed
				the individual that the individual may become unemployed;
(3) Is not an independent third-party
				contractor; and
(4) Is not an
				executive employee, physician or physician's assistant.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.03 - Hospital Employees Retraining Program › Section 09.33.03.04 - Services Provided

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Hospital
				Employees Retraining Program shall be administered in accordance with
				guidelines and policies, adopted by the Division.
B. Availability of Services.
(1) The provision of services under this
				chapter is subject to the continued availability of monies in the Hospital
				Employees Retraining Fund.
(2) The
				Department of Labor, Licensing, and Regulation may decide how to allocate funds
				in the Hospital Employees Retraining Fund in order to serve hospital employees
				who are unemployed or may become unemployed as a result of the closure,
				downsizing, merger, or delicensure of a hospital.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.03 - Hospital Employees Retraining Program › Section 09.33.03.05 - Filing of Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hospital
				employee may file a complaint regarding a determination of eligibility or the
				provision of services under the Hospital Employees Retraining
				Program.
B. Complaints may be filed
				in writing with the Assistant Secretary of the Division.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 33 - JOB SERVICE › Chapter 09.33.03 - Hospital Employees Retraining Program › Section 09.33.03.06 - Hospital Employees Retraining Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department of Labor, Licensing, and
				Regulation shall establish a Hospital Employees Retraining Fund to pay for the
				costs of the Hospital Employees Retraining Program.
B. Fund Revenues.
(1) If a hospital closes, merges, or is fully
				delicensed and workers are displaced under Health-General Article, §
				19-325, Annotated Code of Maryland, the Health Services Cost Review Commission
				shall assess a fee as required by Health-General Article, § 19-326.1(b),
				Annotated Code of Maryland, to be paid within 30 days of the
				assessment.
(2) Each hospital
				regulated by the Commission shall pay an annual fee as required by
				Health-General Article, § 19-326.1(c)(1), Annotated Code of Maryland, by
				July 1 of each year.
(3) If a
				hospital does not pay the fee by the date specified in this section, the
				Maryland Department of Labor shall assess interest on the amount due at the
				rate of 1-1/2 percent per month calculated on a daily basis.
(4) If in any year the Fund is depleted, each
				hospital regulated by the Commission shall pay to the Department a direct
				remittance to address the needs resulting from a partial closure, downsizing,
				acquisition, or partial delicensure of a hospital, as required by
				Health-General Article, § 19-326.1(d), Annotated Code of Maryland, within
				30 days of receipt of the notice of assessment from the Commission.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				governs the:
(1) Registration of individuals
				who operate cemeteries and provide burial goods for either human or pet remains
				in the State; and
(2) Application
				procedures for persons requiring a permit to operate a cemetery or provide
				burial goods for either human or pet remains in this State.