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09.32.01.00.htm 09.32.01.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 01 Obligations of Employers Authority: Labor and Employment Article, §8-101, 8-206, 8-305, 8-601, 8-602, 8-613, 8-614, 8-625, 8-626, 8-1002.1, and 8-1005, Annotated Code of Maryland
09.32.01.01.htm 09.32.01.01. 01 Purpose.. This chapter sets out the reporting requirements, payment requirements, and related procedures for employers.
09.32.01.02.htm 09.32.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Contributor" means an employing unit liable for contributions on taxable wages for covered employment.2) "Covered employment" means service performed for an employing unit that is subject to the Unemployment Insurance Law as determined by the Secretary.3) "Department" means the Department of Labor, Licensing, and Regulation.. 4) "Reimburser" means a n
09.32.01.03.htm 09.32.01.03. 03 Reports to Determine Liability.. A. Registration. An employer shall file a registration application with the Comptroller of the Treasury within 20 days after the first day the business begins operation.B. Further Information.. 1) Additional or supplemental reports to determine liability shall be filed at the Secretary's request.2) An employer that contends it is not liable under the Unemployment Insurance Law shall submit to the Secretary information to support that contention.
09.32.01.04.htm 09.32.01.04. 04 Posting of Notices.. An employing unit currently assigned an account number shall post notices in a prominent place near the actual employment locations, in a number and form designated by the Secretary, informing employees:A. That the employing unit is liable for contributions or payments instead of contributions under the Unemployment Insurance Law;B. Of their rights to benefits under the Unemployment Insurance Law; and.
09.32.01.05.htm 09.32.01.05. 05 Charging of Benefit Payments.. A. Contributor.. 1) Benefit Payments Charged. Except as provided in §A(2) of this regulation or in the Unemployment Insurance Law, the earned-rate record of a contributor who is a base period employer shall be charged with all regular and work-sharing benefit payments, the appropriate share of extended benefit payments, and dependents' allowance.2) Benefit Payments Not Chargeable. Benefit payments may not be charged against the earned-rate reco
09.32.01.06.htm 09.32.01.06. 06 Records.. A. Responsibility of Employing Unit.. 1) An employing unit shall record the Social Security number of each of its employees. If an employee does not have a Social Security number, the employing unit shall require the employee to execute the proper application form to acquire a Social Security number within 5 days of the first day of employment.2) Employment Records.. a) An employing unit shall keep employment records safe and readily accessible at the place of busin
09.32.01.07.htm 09.32.01.07. 07 Collateral Security Posted by Certain Reimbursers.. A. Amount and Adjustment of Collateral.. 1) Nonprofit organizations that elect to make payments instead of contributions shall file collateral approved by the Secretary.2) The Secretary shall review the sufficiency of the collateral annually based on the previous year's taxable wages or on any other basis the Secretary deems appropriate. If the amount of existing collateral is less than the employer's average annual
09.32.01.08.htm 09.32.01.08. 08 Group Reporting.. A. Two or more reimbursers may maintain employment records and report to the Secretary as a group, provided the:1) Reimbursers are engaged in essentially the same industry, occupation, or activity; and. 2) Secretary finds that the risk to the Unemployment Insurance Fund represented by each of the members of the group is approximately the same as the risk represented by other members of the group.B. An approved group of reimbursers shall maintain
09.32.01.09.htm 09.32.01.09. 09 Contributions.. A. Contributions are due and shall be paid on or before the last day of the month immediately following each calendar quarter.B. Contributions from an employer whose status is changed by cessation of business, or appointment of a receiver, trustee, trustee in bankruptcy, or other fiduciary are due and shall be paid within 5 days of the change in status.C. Failure to pay the required contributions in the prescribed manner shall result in the imposition
09.32.01.10.htm 09.32.01.10. 10 Payments by Reimbursers.. A. Payments by reimbursers are due and shall be paid within 30 days from the date set forth on the Statement of Reimburseable Benefits.B. Failure to make the required payment in the prescribed manner shall result in the imposition of interest charges as set forth in the Unemployment Insurance Law.C. A reimburser who fails to reimburse the Unemployment Insurance Fund for benefits paid:. 1) May lose its reimburser status and become a con
09.32.01.11.htm 09.32.01.11. 11 Contribution Reports.. A. A contributor shall file with the Secretary, on or before the contribution payment date, a complete and correct contribution report containing:1) Total quarterly wages paid by the contributor;. 2) Taxable quarterly wages paid by the contributor;. 3) Total wages in excess of $8,500 per year (through 1992 the amount is $7,000). 4) Computation of contributions due;. 5) The employing unit's Maryland unemployment insurance account number;.
09.32.01.12.htm 09.32.01.12. 12 Employment Reports.. A. An employing unit shall file with the Secretary on or before the contribution payment date, a complete and correct employment report containing:1) Name and Social Security number of each employee;. 2) The employing unit's Maryland unemployment insurance account number;. 3) Total quarterly wages paid to each employee;. 4) Total quarterly wages paid by the employing unit; and. 5) Other information the Secretary may require.. B. Exceptions to Filing Date..
09.32.01.13.htm 09.32.01.13. 13 Closing of Accounts.. A. An employing unit that anticipates that it will not report wages for a 12-month period shall notify the Secretary to close its account.B. An employing unit that has reported no wages for the 12-month period from July 1 through June 30 shall be presumed to no longer be an employing unit and its account shall be closed.
09.32.01.14.htm 09.32.01.14. 14 Wages.. A. Reporting.. 1) Wages to be reported on the quarterly employment report include:. a) All remuneration paid to corporate officers for services rendered to the corporation. Corporation includes "subchapter S" corporations. Wages include draws, profit distributions, and dividends paid to corporate officers as remuneration for services rendered. The form in which remuneration for services is designated and the manner of payment is not determinative of what
09.32.01.15.htm 09.32.01.15. 15 Separation Notice.. Separation notices shall be requested and submitted in accordance with the Unemployment Insurance Law and COMAR 09.32.02.05.
09.32.01.15-1.htm 09.32.01.15-1. 15-1 Report of Work Refusal.. If an employer offers employment to an unemployed individual and the individual refuses the offer, the employer shall notify the Secretary in writing within 15 days after the refusal in order for the refusal to be considered in determining whether the individual is disqualified for benefits.
09.32.01.16.htm 09.32.01.16. 16 Penalties and Interest Assessments.. A. Penalties.. 1) Contribution Reports. An employing unit that fails to file a timely contribution report in the prescribed manner shall pay a penalty of $35.2) Employment Reports. An employing unit that fails to file a timely employment report in the prescribed manner shall pay a penalty of $35.3) Separation Reports. An employing unit that fails to file a timely separation report in the prescribed manner upon the Secretary's request shall pay
09.32.01.17.htm 09.32.01.17. 17 Refunds and Adjustments.. A. Application for refunds and adjustments shall be processed in accordance with the Unemployment Insurance Law.B. Refunds.. 1) Automatic Refund. In each quarter when the Secretary determines that a refund due an employing unit is less than $100, the Secretary shall automatically issue a refund to that employing unit.2) In each quarter when the Secretary determines that a refund due an employing unit is $100 or over, the refund may be appli
09.32.01.18.htm 09.32.01.18. 18 Presumption of Employee.. A. Employee. A person performing services is presumed to be an employee, regardless of whether a common law master and servant relationship exists, unless specifically exempted under the Unemployment Insurance Law or these regulations.B. Independent Contractor.. 1) To overcome the employee presumption, an employing unit shall establish that the person performing services is an independent contractor.2) The Secretary shall determine that an employing
09.32.01.18-1.htm 09.32.01.18-1. 18-1 Repealed..
09.32.01.18-2.htm 09.32.01.18-2. 18-2 Covered Employment―Certain Business Entities.. A. Sole Proprietorships.. 1) Except as otherwise provided, a person performing services for wages for a sole proprietorship is engaged in covered employment.2) The following persons employed by a sole proprietor are not engaged in covered employment:. a) The sole proprietor;. b) A spouse of the sole proprietor;. c) Children of the sole proprietor under the age of 21; and. d) Parents of the sole proprietor.. B. Partnerships..
09.32.01.18-3.htm 09.32.01.18-3. 18-3 Home Health Care Illustrations.. A. The illustrations in this regulation provide guidance for the home health care industry in the application of Labor and Employment Article, §8-205, Annotated Code of Maryland and do not apply to any other State or federal labor law.B. Illustration 1.. 1) Extra Loving Care (ELC” is a Nursing Referral Service Agency (NRSA” licensed by the Maryland Department of Health (MDH” pursuant to COMAR 10.07.07. It has a registry of cer
09.32.01.19.htm 09.32.01.19. 19 Employment Not Covered when Services Performed for Certain Religiously Affiliated Organizations.. A. A person is not engaged in covered employment when the person is employed by a church or convention or association of churches.B. A person is not engaged in covered employment when the person is employed by an organization which is:1) Operated, supervised, controlled, or principally supported by a church or convention or association of churches; and
09.32.01.20.htm 09.32.01.20. 20 Covered Employment when Service Is Not Performed Entirely within the State.. A. Localized Service. A person is engaged in covered employment in the State when the person's service is localized within the State. Service is localized when it is performed:1) Entirely within the State.. 2) Both within and outside the State, but the service performed outside the State is incidental to the service performed within the State. Service is incidental if it is temporary or transitory in nat
09.32.01.21.htm 09.32.01.21. 21 Successor Determinations Under §8-613—and 8-614.. A. Common ownership, management, or control exists between the successor employer and the predecessor employer when any person serves in any of the following positions in both the predecessor and successor employer:1) Sole proprietor, which includes spouse, children, and parents of a sole proprietor;. 2) Partner of a partnership;. 3) Member of a limited liability company;. 4) Chief Executive Officer;. 5) Chief Financial Officer;.
09.32.01.22.htm 09.32.01.22. 22 Transfer of Operations from Another State.. A. The transfer of a business from another state to this State within the meaning of the Unemployment Insurance Law occurs only when an operation maintained by an employing unit in another state has been closed, discontinued, or curtailed, in whole or in part, and that same operation is transferred into Maryland. The opening of new branches, new offices, or new retail outlets in this State does not constitute a transfer.
09.32.01.23.htm 09.32.01.23. 23 Common Paymasters.. A. Definitions.. 1) For the purpose of this regulation, "related corporation" means a member of a controlled group of corporations as the term is defined in the Internal Revenue Code.2) For purposes of this regulation, an individual is considered "concurrently employed" by two or more related corporations if the individual performs services for covered wages for the common paymaster for some portion of each calendar year.B. Payment through Common Paymaster..
09.32.01.24.htm 09.32.01.24. 24 Deletion of Wages-Aggravated Misconduct.. A. When a claimant is disqualified from receiving benefits for reasons determined to constitute aggravated misconduct under the Unemployment Insurance Law, wages from the base period employer against whom the aggravated misconduct was committed shall be deleted as set forth in §B of this regulation.B. Wages shall be deleted for:. 1) Only the employing unit from which the claimant was discharged or suspended for reasons which are
09.32.01.25.htm 09.32.01.25. 25 Unemployment Insurance Tax Preparers.. A. Definition and Scope.. 1) Definition. "Unemployment insurance tax preparer" means a person who files quarterly unemployment insurance contribution reports on behalf of employing units for compensation.2) Scope. Sections B-D of this regulation apply to unemployment insurance tax preparers who file on behalf of 100 or more employing units.B. Method of Filing.. 1) Contribution Reports and Employment Reports. An unemployment insurance t
09.32.01.26.htm 09.32.01.26. 26 Professional Employer Organizations.. A. Professional Employer Organization.. 1) "Professional employer organization" means an employing unit which places all or part of a client company's workers on its payroll or payrolls and, by written agreement, assigns or leases the workers to the client company.2) "Professional employer organization" does not mean a temporary help firm within the meaning of this subtitle.B. Obligations of a Professional Employer Organization..
09.32.01.9999.htm 09.32.01.9999. Administrative History Effective date: February 1, 1973. Regulation .02A amended effective March 1, 1982 (9:4 Md. R. 330). Regulation .04B amended effective July 28, 1978 (5:15 Md. R. 1187). Regulation .05A, D, F, G, H amended effective September 14, 1981 (8:18 Md. R. 1477). Regulation .05H amended effective March 30, 1977 (4:7 Md. R. 577) December 30, 1977 (4:27 Md. R. 2104)Regulation .08B amended effective September 14, 1981 (8:18 Md. R. 1477).
09.32.02.00.htm 09.32.02.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 02 Claims for Benefits Authority: Labor and Employment Article, §8-101, 8-305, 8-805, 8-809, 8-902, 8-903, and 8-1004―8-1009, Annotated Code of Maryland
09.32.02.01.htm 09.32.02.01. 01 Purpose.. This chapter sets out the registration and reporting requirements and procedures for individuals applying for unemployment insurance benefits.
09.32.02.02.htm 09.32.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Appointment" means reporting:. a) By telephone, at a scheduled date and time, and at the telephone number provided by the claimant to the Secretary; orb) In person at a specific date, time, and place.. 2) "Basic weekly benefit amount" means the weekly benefit amount for a week of total unemployment excluding any allowance for dependents.
09.32.02.03.htm 09.32.02.03. 03 Claims for Total Unemployment.. A. Claims Generally. Except as otherwise provided, to file an initial or reopened claim for benefits, an individual shall report as instructed by the Secretary.B. A claimant who earns gross wages in 1 week equal to or more than the claimant's weekly benefit amount may not file subsequent continued claims for total unemployment, but shall file an initial claim in order to claim subsequent benefits.
09.32.02.04.htm 09.32.02.04. 04 Reporting Requirements.. A. Notification of Reporting Requirements. A claimant shall be notified in writing of the reporting requirements upon the filing of an initial or reopened claim and, if requested to do so, shall acknowledge the notification.B. Continued Claims.. 1) Except as otherwise provided, following an initial or reopened claim, a claimant shall file continued claims in the manner required by the Secretary.
09.32.02.04-1.htm 09.32.02.04-1. 04-1 Claimant Reemployment Assistance Services.. A. The Secretary shall establish criteria for a profiling system to identify claimants who are likely to exhaust unemployment insurance benefits and who will need reemployment assistance services to make a successful transition to new employment.B. When the Secretary determines that a claimant is likely to exhaust unemployment insurance benefits and will need reemployment assistance services to make a successful trans
09.32.02.05.htm 09.32.02.05. 05 Separation Notices.. A. The Secretary shall request on appropriate forms information pertaining to the separation of claimants from employment.B. When a claimant files a new claim, the Secretary shall request separation information from the claimant's base period employers and the claimant's other employers from the end of the base period to the filing of the claim. Each employer shall indicate on the separation no1) Reason for the claimant's separation from employment;.
09.32.02.06.htm 09.32.02.06. 06 Claims during Temporary Mass Layoff.. A. Definition. "Mass layoff" means the layoff from work of 25 or more workers in a single establishment for an expected duration of 7 days or more, at the same time, and for the same reason.B. Advance Knowledge. When the employer has advance knowledge of an expected mass layoff, the employer shall file with the Secretary a notice of the layoff 48 hours before the beginning of the layoff. This notice shall substitute for individual separ
09.32.02.07.htm 09.32.02.07. 07 Work Search Exemption.. A. Ten Week Exemption.. 1) The Secretary shall exempt only from the "actively seeking work" eligibility condition a claimant who, at the time the claimant files an initial claim, provides a definite return-to-work date to the same employer that is within 10 weeks of the last day of employment, if the:a) Return-to-work date is verified by that employer; and. b) Layoff is as a result of vacation, inventory, or any other purpose causing unemployment, except a
09.32.02.07-1.htm 09.32.02.07-1. 07-1 Qualified Individual with a Disability.. For purposes of determining whether a claimant is able to work under §8-903 of the Unemployment Insurance Law, the term "qualified individual with a disability" as used there has the same meaning as it does under the Americans With Disabilities Act, 42 U.S.C. §12111.
09.32.02.07-2.htm 09.32.02.07-2. 07-2 Temporary Help Firm Former Employees.. A. Applicability. This regulation does not apply to claimants granted work-search exemptions under Regulation .07 of this chapter.B. Definitions.. 1) In this regulation, the following terms have the meanings indicated.. 2) Terms Defined.. a) "Temporary help firm" means an entity that assigns its own employees to perform services for clients on a nonpermanent basis.
09.32.02.08.htm 09.32.02.08. 08 Claims during Labor Dispute.. A. Notice by Employer.. 1) Immediately upon notice by the union of its intent to strike or the beginning of a labor dispute, the employer shall notify the Secretary of the existence of this dispute.2) Within 48 hours after the beginning of the dispute, the employer shall file with the Secretary a list stating the:a) Name, title, email address, telephone number, and address of the employer's representative;.
09.32.02.09.htm 09.32.02.09. 09 Claims for Partial Benefits.. A. Definition. A claimant shall be eligible for partial benefits for any week in which the claimant:. 1) Performed services for wages;. 2) Earned less in gross wages than the claimant's weekly benefit amount plus any allowance for a dependent to which the claimant is entitled under the Unemployment Insurance Law; and3) Meets all of the requirements set forth in the Unemployment Insurance Law.. B. A claimant who earns gross wages in 1 week equa
09.32.02.10.htm 09.32.02.10. 10 Dependents' Allowance.. A. Time for Declaring Dependents. A claimant shall declare the claimant's dependents on the date that the claimant files a new or transitional claim for the benefit year. The time for declaration may not be extended, except for good cause.B. Verification.. 1) The claimant shall provide a Social Security number, a copy of the dependent's birth certificate, or other reliable means of proof within 30 days from the week in which the first continued claim in
09.32.02.11.htm 09.32.02.11. 11 Holiday Pay or Vacation Pay.. A. Definition. "Holiday pay" or "vacation pay" means the gross amount of holiday pay or vacation pay.B. Holiday pay or vacation pay is attributable to:. 1) The week or weeks designated by the employer or the collective bargaining agreement as the holidays or vacation days; or2) If not as designated in §B(1) of this regulation, the weeks during which it is paid.. C. Deductible Holiday Pay or Vacation Pay.. 1) Holiday pay or vacatio
09.32.02.12.htm 09.32.02.12. 12 Severance Pay, Dismissal Pay, or Pay instead of Notice of Termination.. A. Definitions.. 1) Employee Benefits Package. (a) "Employee Benefits Package" means any cash or in-kind contribution which is made by an employer to or on behalf of an employee or any dependent of an employee and which does not constitute wages paid to the employee.b) "Employee Benefits Package" includes but is not limited to an employer's contribution:.
09.32.02.13.htm 09.32.02.13. 13 Retirement Payments.. A. Definitions.. 1) "Contributory retirement plan" means a plan providing a retirement payment under which an employing unit pays or has paid some, but not all, of the premiums or contributions, and the claimant has paid some, but not all, of the premiums or contributions.2) "Lump-sum retirement payment" means the gross amount of a retirement payment that is paid in one payment. Any retirement payment paid in more than one payment is not a lump
09.32.02.14.htm 09.32.02.14. 14 Special Pay.. A. Definition. "Special pay" means the gross amount of any bonus or other special payment paid or payable to the claimant by the employer that is not holiday pay, vacation pay, severance pay, or pension pay.B. Special pay is attributable to the week or weeks designated by the employer or the collective bargaining agreement, or if not so designated, the week or weeks during which the special pay is paid.C. Deductible Special Pay. Special pay shall be de
09.32.02.15.htm 09.32.02.15. 15 Monetary Eligibility.. A. The following payments are considered wages for the purpose of determining a claimant's monetary eligibility for benefits:1) Any wage received for covered employment as defined by the Unemployment Insurance Law;. 2) Holiday pay;. 3) Vacation pay; and. 4) Special pay.. B. Payments Not Considered Wages.. 1) The following payments are not considered wages for the purpose of determining a claimant's monetary eligibility for benefits:
09.32.02.16.htm 09.32.02.16. 16 Benefit Payment.. A. Review of Claim. After an initial, reopened, or continued claim is filed, the Secretary shall review the claim and any separation information received from employers, together with any other available information to determine if the claimant is eligible for benefits for the week or weeks being claimed.B. Material Fact. A material fact is a fact that is of consequence to a decision regarding eligibility or disqualification for benefits.
09.32.02.17.htm 09.32.02.17. 17 Requirement for Earning Wages before Second Benefit Year.. A. If a claimant receives benefits during a benefit year, the claimant may not be entitled to receive benefits in a subsequent benefit year unless the claimant earned wages after the beginning of the first benefit year as a result of performing services in insured work, and the wages are equal to not less than 10 times the claimant's weekly benefit amount.B. Special pay, severance pay, vacation pay, holid
09.32.02.18.htm 09.32.02.18. 18 Week of Disqualification.. If a claimant is disqualified from receiving benefits or found ineligible for benefits under the Unemployment Insurance Law, the first week of disqualification shall be the calendar week in which the act on which the disqualification is based occurred, or the calendar week beginning with the Sunday immediately before the last day of work, whichever is later.
09.32.02.19.htm 09.32.02.19. 19 First Day of Work and Last Day of Work on Midnight Shift.. When a claimant is reemployed and the hours of work on the first shift worked begin before midnight on one day and end after midnight, the claimant's first day of work shall be the day on which the shift ends. When, before a period of unemployment, a claimant last works a shift which begins before midnight on one day and ends after midnight, the claimant's last day of work shall be the day on which the last shift ended.
09.32.02.9999.htm 09.32.02.9999. Administrative History Effective date: February 1, 1973. Regulation .03H amended effective December 15, 1978 (5:25 Md. R. 1853). Regulation .06 amended effective December 10, 1975 (2:28 Md. R. 1666) December 15, 1978 (5:25 Md. R. 1853) January 31, 1983 (10:2 Md. R. 108)Transferred from Department of Human Resources to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 07.04.02 to 24.02.02) ―Regulations .01―13, Reporting and Registration by
09.32.03.00.htm 09.32.03.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 03 Extended Unemployment Insurance Benefits Authority: Labor and Employment Article, §8-305, Annotated Code of Maryland
09.32.03.01.htm 09.32.03.01. 01 Definitions.. All terms used in this regulation which are defined in the Unemployment Insurance Law shall have the same meanings as provided in that law.A. "Eligibility period" of an individual means the period of the weeks in his benefit year which begin in an extended benefit period, and, if his benefit year ends within the extended benefit period, any weeks after that which begin in that period.B. "Entitlement" An individual is entitled to extended compensation for a w
09.32.03.02.htm 09.32.03.02. 02 Computation of Rate of Insured Unemployment.. A. National "On" and "Off" Indicators. The national "on" and "off" indicators shall be determined by the United States Secretary of Labor and upon notification by that officer concerning the existence of these indicators the Secretary shall act in response to them as provided by law.B. State "On" and "Off" Indicators.. 1) The Secretary shall determine the "rate of insured unemployment" for the purposes of the State "o
09.32.03.03.htm 09.32.03.03. 03 Extended Benefit Period: Beginning and Ending.. A. Beginning and Ending an Extended Benefit Period.. 1) An extended benefit period in Maryland shall begin on the first day of the third calendar week after whichever of the following occurs first:a) A week for which there is a national "on" indicator; or. b) A week for which there is an "on" indicator in Maryland.. 2) An extended benefit in Maryland shall end on the last day of the third week after the first week
09.32.03.04.htm 09.32.03.04. 04 Extended Benefits To Federal Employees.. This State shall pay, as agent for the Secretary of Labor, and shall be reimbursed as provided in 5 U.S.C. §8505 an amount equal to the additional cost of extended compensation paid to federal civilian workers and ex-servicemen pursuant to 5 U.S.C. Chapter 85.
09.32.03.05.htm 09.32.03.05. 05 Combined Wage Credits and Interstate Benefits.. Where regular compensation exhausted by an individual or sharable regular compensation was based on combined wage credits earned in more than one state, Maryland shall pay extended benefits when it was the liable state so long as it is reimbursable in proper proportions as liable state under appropriate federal laws and regulations.
09.32.03.06.htm 09.32.03.06. 06 Terms and Conditions of State Law and Regulations.. A. Applicability of State Law and Regulations. Except when the result would be inconsistent with the other provisions of the Unemployment Insurance Law or these regulations, the provisions of the Unemployment Insurance Law and regulations promulgated pursuant to it which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.B. Effect of Disqualifica
09.32.03.07.htm 09.32.03.07. 07 Charging and Reimbursement.. A. Charging Extended Compensation. The Secretary shall charge to the experience rating account or accounts of the respective base period employer or employers the appropriate share of any extended benefits paid a claimant in the same manner as regular benefits are charged under COMAR 09.32.01.05.B. Employer's Reimbursement of Extended Compensation. An employer who elects to come under the Unemployment Insurance Law as a reimburseable employer
09.32.03.08.htm 09.32.03.08. 08 Recovery Including Restitution and Offset.. The provisions of Maryland law that apply to recovery of overpayments (including restitution and offset) shall apply to overpayments of extended compensation. If there is recovery of extended compensation, that proportion of the amount restored or offset which represents the federal share of the original payment shall be restored to the appropriate federal accounts.
09.32.03.09.htm 09.32.03.09. 09 Duplication.. An individual who is entitled to both extended compensation under the Unemployment Insurance Law and training allowances under §203 of the Manpower Development and Training Act with respect to a week shall be treated as he would have been treated had he been entitled to both regular compensation and the training allowance.
09.32.03.10.htm 09.32.03.10. 10 Partial Claims.. Provisions requiring the reduction of regular benefits by specified deductible income are also applicable to benefits paid under the Extended Benefits Program.
09.32.03.9999.htm 09.32.03.9999. Administrative History Effective date: February 1, 1973. Regulation .01C, F, I amended effective December 1, 1978 (5:24 Md. R. 1796). Regulation .01F, I amended effective December 10, 1975 (2:28 Md. R. 1666). Regulation .02B amended effective March 30, 1977 (4:7 Md. R. 577) December 1, 1978 (5:24 Md. R. 1796)Regulation .02C amended effective July 25, 1980 (7:15 Md. R. 1423) March 6, 1981 (8:5 Md. R. 472). Regulation .07 amended effective December 1, 1978 (5:24 Md. R. 1796) ―.
09.32.04.00.htm 09.32.04.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 04 Interstate Reciprocal Coverage Arrangements for Employer Elections to Cover Multi-State Workers Authority: Labor and Employment Article, §8-305, Annotated Code of Maryland
09.32.04.01.htm 09.32.04.01. 01 Relation to Subscribing States.. This chapter shall regulate the Department of Labor, Licensing, and Regulation in its cooperation with other states subscribing to the Interstate Reciprocal Coverage Arrangement hereinafter referred to as "the arrangements"
09.32.04.02.htm 09.32.04.02. 02 Definitions.. A. In this chapter, unless the context clearly indicates otherwise, the following terms have the meanings indicated.B. Terms Defined.. 1) "Agency" means any officer, board, commission, or other authority charged with the administration of the unemployment insurance law of a participating jurisdiction.2) "Interested jurisdiction" means any participating jurisdiction to which an election submitted under this regulation is sent for its approval. "Inte
09.32.04.03.htm 09.32.04.03. 03 Submission and Approval of Coverage under the Interstate Reciprocal Coverage Arrangement.. A. Any employing unit may file an election, on Form RC-1, to cover under the law of a single participating jurisdiction all the services performed for him by an individual who customarily works for him in more than one participating jurisdiction. An election as just described may be filed, with respect to an individual with any participating jurisdiction in which:
09.32.04.04.htm 09.32.04.04. 04 Effective Period of Elections.. A. Commencement.. 1) An election duly approved under these regulations shall become effective at the beginning of the calendar quarter in which the election was submitted, unless the election as approved, specifies the beginning of a different calendar quarter.2) If the electing unit requests an earlier effective date than that beginning of the calendar quarter in which the election was submitted, the earlier date may be approved so
09.32.04.05.htm 09.32.04.05. 05 Reports and Notices by the Electing Unit.. A. The electing unit shall promptly notify each individual affected by its approved election, on the Form RC-2 supplied by the elected jurisdiction, and shall furnish the elected agency a copy of this notice.B. Whenever an individual covered by an election under this regulation is separated from his employment, the electing unit shall again notify him, immediately, as to the jurisdiction under whose unemployment compensation law
09.32.04.06.htm 09.32.04.06. 06 Approval of Reciprocal Coverage Elections.. The Secretary or his designated representative shall approve or disapprove reciprocal coverage elections in accordance with these regulations.
09.32.04.9999.htm 09.32.04.9999. Administrative History Effective date: February 1, 1973. Transferred from Department of Human Resources to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 07.04.04 to 24.02.04)Chapter recodified from COMAR 24.02.04 to COMAR 09.32.04, May 1996.
09.32.05.00.htm 09.32.05.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 05 Payment of Benefits to Interstate Claimants Authority: Labor and Employment Article, §8-305, Annotated Code of Maryland
09.32.05.01.htm 09.32.05.01. 01 Scope.. This chapter shall regulate the Department of Labor, Licensing, and Regulation in its administrative cooperation with other states adopting similar regulations for the payment of benefits to interstate claimants.
09.32.05.02.htm 09.32.05.02. 02 Definitions.. A. In this chapter, unless the context clearly requires otherwise, the following terms have the meanings indicated.B. Terms Defined.. 1) "Agent state" means any state in which an individual files a claim for benefits from another state.2) "Basic Plan for Combining Wages" means an interstate agreement which establishes a system whereby unemployed workers who lack qualifying wages sufficient for benefits in any one state, may through combining wages from more
09.32.05.03.htm 09.32.05.03. 03 Registration for Work.. A. Each interstate claimant shall be registered for work, through any public employment office in the agent state when and as required by the law, regulations, and procedures of the agent state. This registration shall be accepted as meeting the registration requirement of the liable state.B. Each agent state shall duly report to the liable state in question, whether each interstate claimant meets the registration requirements of the agent state.
09.32.05.04.htm 09.32.05.04. 04 Benefit Rights of Interstate Claimants.. A. If a claimant files a claim against any state, and it is determined by that state that the claimant has available benefit credits in that state, then claims shall be filed only against the state as long as benefit credits are available in the state. After that, the claimant may file claims against any other state in which there are available benefit credits. For the purpose of this regulation, benefit credits shall be
09.32.05.05.htm 09.32.05.05. 05 Claims for Benefits.. A. Claims for benefits or waiting period shall be filed by interstate claimants on uniform interstate claim forms and in accordance with uniform procedures developed pursuant to the Interstate Benefit Payment Plan. Claims shall be filed in accordance with the type of week in use by the agent state. Any adjustments required to fit the type of week used by the liable state shall be made by the liable state on the basis of consecutive claims filed.
09.32.05.06.htm 09.32.05.06. 06 Determination of Claims.. A. The agent state shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable state in question the facts relating to the claimant's availability for work and eligibility for benefits as are readily determinable in and by the agent state.B. The agent state's responsibility and authority in connection with the determination of interstate claims shall be limited to investigation and repo
09.32.05.07.htm 09.32.05.07. 07 Appellate Procedure.. A. The agent state shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate claims.B. With respect to the time limits imposed by the law of a liable state upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to the liable state on the date when it is received by any qua
09.32.05.08.htm 09.32.05.08. 08 Extension of Interstate Benefit Payments To Include Claims Taken in and for Canada, Puerto Rico, and the Virgin Islands.These regulations shall apply in all its provisions to claims taken in and for Canada, Puerto Rico, and the Virgin Islands.
09.32.05.09.htm 09.32.05.09. 09 Combining Wage Credits.. A. Claimants desiring to do so will be permitted to elect to combine wages under the terms of any plan for combining wage credits, of which Maryland is a cooperating member.B. All claims filed under the basic plan for combining wages shall be filed in accordance with the laws of the paying state under the terms of any Interstate Arrangement for the Combining of Wages to which Maryland is a party.C. All claims for benefits filed under the Extende
09.32.05.9999.htm 09.32.05.9999. Administrative History Effective date: February 1, 1973. Transferred from Department of Human Resources to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 07.04.05 to 24.02.05)Chapter recodified from COMAR 24.02.05 to COMAR 09.32.05, May 1996.
09.32.06.00.htm 09.32.06.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 06 Board of Appeals ― Appeals Procedure Authority: Labor and Employment Article, §8-101, 8-5A-02, 8-5A-05, 8-5A-10, 8-504, 8-604, and 8-605, Annotated Code of Maryland
09.32.06.01.htm 09.32.06.01. 01 Appeals and Petitions for Review from Lower Appeals to the Board of Appeals.. A. Manner of Filing.. 1) An appeal from a hearing examiner’s decision, or a petition for review to request a discretionary appeal of a hearing examiner’s decision under Labor and Employment Article, §8-5A-10(b)2) Annotated Code of Maryland, shall be in writing and signed by the appealing party or the appealing party’s attorney or authorized representative.2) An appeal or a petitio
09.32.06.02.htm 09.32.06.02. 02 Hearings.. A. Scheduling Authority. The scheduling authority in the case of an appeal or a petition for review pending before the Board of Appeals is the Board of Appeals or its designee.B. Notice of Hearing.. 1) The Board of Appeals shall give interested parties at least 15 business days notice in writing of the time and place of any hearing before the Board of Appeals.2) Notice is sufficient when mailed to the party, postage prepaid, or otherwise delivered to the par
09.32.06.03.htm 09.32.06.03. 03 Withdrawal of Decision by the Board of Appeals.. A. At any time within 10 calendar days of a decision pursuant to Labor and Employment Article, §8-806(h) Annotated Code of Maryland, the Board of Appeals may withdraw its decision by vote of a majority of its members. Notice shall promptly be given to all parties of the withdrawal. Upon withdrawing a decision, the Board of Appeals may issue a revised decision or hold the case for further hearing or argument. The 10-day pe
09.32.06.04.htm 09.32.06.04. 04 Remand to Hearing Examiner.. A. The Board of Appeals may remand a case to a hearing examiner for purposes that it may direct. Cases remanded for a de novo or additional hearing shall be placed upon the calendar for prompt hearing.The hearing examiner to whom a case has been remanded for a new decision without a new hearing shall promptly issue the new decision.B. If a case is remanded for a new hearing, the previous decision of the hearing examiner shall rema
09.32.06.05.htm 09.32.06.05. 05 Precedent Decisions.. Decisions of the Board of Appeals designated as precedent by the Board shall constitute legal precedent for decisions of the hearing examiners.
09.32.06.06.htm 09.32.06.06. 06 Procedure for Hearings on Claims Under Labor and Employment Article, §8-1004, Annotated Code of Maryland.A. A claim involving the application of the provisions of Labor and Employment Article, §8-1004, Annotated Code of Maryland, that is referred to a special examiner by order of the Board of Appeals shall be presented, heard, and decided by the special examiner in the manner prescribed by the provisions of this chapter pertaining to hearings before the Board of Appeals.
09.32.06.07.htm 09.32.06.07. 07 Employer Appeals Arising Under Labor and Employment Article, §8-605(b) Annotated Code of Maryland.A. An employer aggrieved by a decision of the Lower Appeals Division appealable under Labor and Employment Article, §8-605(b) Annotated Code of Maryland, may file an appeal or petition for review within 30 calendar days after Lower Appeals sends the decision to the employer. The provisions of Regulations .01 and .02 of this chapter apply to these appeals.
09.32.06.08.htm 09.32.06.08. 08 Judicial Review.. Within 30 calendar days after the Board of Appeals mails or otherwise delivers its decision to a party, a party aggrieved by the decision may secure judicial review of the decision by appealing the decision in accordance with the provisions of Labor and Employment Article, §8-5A-12, Annotated Code of Maryland, the Maryland Rules of Procedure, and the appropriate rules of court.
09.32.06.09.htm 09.32.06.09. 09 Records and Transcripts.. A. All documents received from a party shall be retained either in paper form or by scanning the document electronically into an electronic case file.In cases where duplicate copies of documents are received by the Board of Appeals, only the first copy of the document received by the Board of Appeals shall be retained in the paper or electronic case file.B. The Board of Appeals shall maintain a record of all testimony and proceedings before the Board of
09.32.06.9999.htm 09.32.06.9999. Administrative History Effective date: February 1, 1973. Regulation .01 amended effective March 30, 1977 (4:7 Md. R. 578) December 30, 1977 (4:27 Md. R. 2105)Regulation .02D amended effective March 30, 1977 (4:7 Md. R. 578). Regulation .06K amended as an emergency provision effective March 24, 1986 (13:8 Md. R. 897) emergency status extended at 13:17 Md. R. 1920; emergency status expired November 30, 1986Regulation .07G amended effective July 28, 1978 (5:15 Md. R. 1187).
09.32.07.00.htm 09.32.07.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 32 Chapter 07 Reconsideration of Unemployment Insurance Overpayment Recovery Authority: Labor and Employment Article, §8-305, Annotated Code of Maryland
09.32.07.01.htm 09.32.07.01. 01 Purpose.. The purpose of these regulations is to establish procedures and interpret the standards for waiver of recovery of overpayments of unemployment insurance benefits, and to establish procedures for appealing the correctness of the application of an overpayment, in accordance with Labor and Employment Article, §8-809, Annotated Code of Maryland.
09.32.07.02.htm 09.32.07.02. 02 Scope and Applicability.. These regulations apply to any person who has been found to have received an overpayment of unemployment insurance benefits unless the overpayment resulted from fraud on the part of the claimant.
09.32.07.03.htm 09.32.07.03. 03 Definitions.. 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) "Department" means the Department of Labor, Licensing, and Regulation.. 3) "Overpaid claimant" means any claimant who has been determined to have received an overpayment of unemployment insurance benefits.4) "Overpayment" means any amount of unemployment insurance benefits receiv
09.32.07.04.htm 09.32.07.04. 04 Recovery of Overpayments.. The Department may recover overpayments by beginning civil actions or, in the discretion of the Secretary, overpayments 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.
09.32.07.05.htm 09.32.07.05. 05 Waiver of Recovery of Overpayments.. 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.B. If an overpaid claimant is found to be without fault because the overpayments were caused exclusi
09.32.07.06.htm 09.32.07.06. 06 Determination of Fault.. 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 rec
09.32.07.07.htm 09.32.07.07. 07 Notice of Recovery and Right to Request Waiver.. 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;.
09.32.07.08.htm 09.32.07.08. 08 Processing of Application for Waiver of Overpayment.. 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 no
09.32.07.09.htm 09.32.07.09. 09 Interest on Overpayments.. Interest on overpayments shall be calculated from the initial determination of the overpayment..
09.32.07.9999.htm 09.32.07.9999. Administrative History Effective date:. Regulations .01―09 adopted as an emergency provision effective March 14, 1989 (16:7 Md. R. 809) emergency status expired July 14, 1989Chapter recodified from COMAR 24.02.07 to COMAR 09.32.07, May 1996.
09.32.08.00.htm 09.32.08.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 08 Access to Unemployment Insurance Records Authority: Labor and Employment Article, §8-305, Annotated Code of Maryland
09.32.08.01.htm 09.32.08.01. 01 Purpose.. 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 chap
09.32.08.02.htm 09.32.08.02. 02 Definitions.. 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.
09.32.08.03.htm 09.32.08.03. 03 Applicability.. 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.
09.32.08.04.htm 09.32.08.04. 04 Procedures.. 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
09.32.08.9999.htm 09.32.08.9999. Administrative History Effective date: May 4, 1998 (25:9 Md. R. 679).
09.32.09.00.htm 09.32.09.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 09 Workplace Fraud Authority: Labor and Employment Article, §8-201.1, 8-305, and 8-306, Annotated Code of Maryland
09.32.09.01.htm 09.32.09.01. 01 Evidence of a Knowing Violation.. 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
09.32.09.9999.htm 09.32.09.9999. Administrative History Effective date: November 2, 2009 (36:22 Md. R. 1724).
09.32.10.00.htm 09.32.10.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 10 Employer Audits Authority: Labor and Employment Article, §8-305, 8-306, 8-602, and 8-625, Annotated Code of Maryland
09.32.10.01.htm 09.32.10.01. 01 Purpose.. 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.
09.32.10.02.htm 09.32.10.02. 02 Definitions.. 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.
09.32.10.03.htm 09.32.10.03. 03 Audit Process.. 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
09.32.10.04.htm 09.32.10.04. 04 Records.. 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 09.32.01.06. Refusal 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 documen
09.32.10.05.htm 09.32.10.05. 05 Appeal of Audit Findings.. 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
09.32.10.9999.htm 09.32.10.9999. Administrative History Effective date: July 26, 2010 (37:15 Md. R. 998). Regulation .05H, I amended effective April 24, 2017 (44:8 Md. R. 403).
09.32.11.00.htm 09.32.11.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 11 Lower Appeals Division ― Appeals Procedure Authority: Labor and Employment Article, §8-504, Annotated Code of Maryland
09.32.11.01.htm 09.32.11.01. 01 Filing of Appeal.. 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 electro
09.32.11.02.htm 09.32.11.02. 02 Hearings Before the Hearing Examiner.. 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 l
09.32.11.03.htm 09.32.11.03. 03 Hearing Examiner Decision.. 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
09.32.11.04.htm 09.32.11.04. 04 Review by the Board of Appeals.. 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 appe
09.32.11.9999.htm 09.32.11.9999. Administrative History Effective date: December 13, 2010 (37:25 Md. R. 1737). Regulation .01 amended effective April 23, 2018 (45:8 Md. R. 420). Regulation .02 amended effective April 23, 2018 (45:8 Md. R. 420). Regulation .02I amended effective April 24, 2017 (44:8 Md. R. 403). Regulation .04 amended effective April 23, 2018 (45:8 Md. R. 420).
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