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<section article="gle" article_name="Labor and Employment" number="8-611" title_number="8" title_name="Unemployment Insurance" subtitle_number="6" subtitle_name="Contributions">
  <level label="a">
    <text>For each employing unit, the Secretary shall keep an earned rating record that shows all benefits that are based on covered employment that was performed for the employing unit.</text>
  </level>
  <level label="b">
    <text>Except as provided in subsection (d) of this section, the Secretary shall charge pro rata against the earned rating record of each base period employer all regular benefits and the share of extended benefits required under subsection (c) of this section in the same proportion as the wages paid by the base period employer is to the total wages of the claimant during the base period, and rounded to the nearest dollar.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>Notwithstanding any other provision of this title, the Secretary may not charge against the earned rating record of an employing unit an extended benefit payment for which the State receives full reimbursement from the federal government.</text>
    </level>
    <level label="2">
      <text>Except as provided in subsection (d) of this section, the appropriate share of extended benefits:</text>
      <level label="i">
        <text>for a governmental entity, is all extended benefits paid to a claimant; and</text>
      </level>
      <level label="ii">
        <text>for other employing units, is 50% of extended benefits paid to a claimant.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>The Secretary shall charge all regular and extended benefits paid to a claimant against the earned rating record of an employing unit that caused the claimant’s unemployment during any period in which the unemployment is caused by a shutdown of the employing unit:</text>
    <level label="1">
      <text>to have employees take their vacations at the same time;</text>
    </level>
    <level label="2">
      <text>for inventory;</text>
    </level>
    <level label="3">
      <text>for retooling; or</text>
    </level>
    <level label="4">
      <text>for any other purpose that is primarily other than a lack of work and that causes unemployment for a definite period.</text>
    </level>
  </level>
  <level label="e">
    <text>The Secretary may not charge benefits paid to a claimant against the earned rating record of an employing unit if:</text>
    <level label="1">
      <text>the claimant left employment voluntarily without good cause attributable to the employing unit;</text>
    </level>
    <level label="2">
      <text>the claimant was discharged by the employing unit for gross misconduct as defined in § 8–1002 of this title;</text>
    </level>
    <level label="3">
      <text>the claimant was discharged by the employing unit for aggravated misconduct as defined in § 8–1002.1 of this title;</text>
    </level>
    <level label="4">
      <text>the claimant left employment voluntarily to accept better employment or enter training approved by the Secretary;</text>
    </level>
    <level label="5">
      <text>the employing unit participates in a work release program that is designed to give an incarcerated individual of a correctional institution an opportunity to work while imprisoned and unemployment was the result of the claimant’s release from prison;</text>
    </level>
    <level label="6">
      <text>the claimant was paid additional training benefits under § 8–812 of this title; or</text>
    </level>
    <level label="7">
      <text>the claimant left employment for good cause directly attributable to the claimant or the claimant’s spouse, minor child, or parent being a victim of domestic violence as defined in § 8–1001(b)(3) of this title.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, if the Secretary determines before the first day of the calendar year for which the rate is assigned, that benefits that have been charged against the earned rating record of an employing unit are recoverable under § 8–809 of this title, the Secretary shall remove those charges from the earned rating record before computation of the earned rate.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>The Secretary may not remove a benefit charge from an earned rating record if:</text>
        <level label="1">
          <text>the benefit was paid as a direct or indirect result of the failure of the employing unit, or the employing unit’s agent, to provide timely or adequate information relating to a claim for benefits in response to a request for information made by the Secretary under this title or regulations adopted to carry out this title; and</text>
        </level>
        <level label="2">
          <text>the employing unit, or the employing unit’s agent, has not shown good cause for failing to provide timely or adequate information.</text>
        </level>
      </level>
      <level label="ii">
        <text>In determining whether the Secretary is prohibited from removing a benefit charge under subparagraph (i) of this paragraph:</text>
        <level label="1">
          <text>an employing unit, or the employing unit’s agent, must raise the issue of good cause in writing for the issue to be considered; and</text>
        </level>
        <level label="2">
          <text>the employing unit, or the employing unit’s agent, has the burden of proving there was good cause for failing to provide timely or adequate information.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="g">
    <text>The Secretary may not charge the earned rating record of an employing unit that has employed a claimant on a continuous part–time basis and continues to do so while the claimant is separated from other employment and is eligible for benefits because of that separation.</text>
  </level>
  <level label="h">
    <text>The Secretary may not charge the earned rating record of an employing unit for benefits that are paid to a claimant during a period in which the claimant is disqualified as a result of a reversal or redetermination.</text>
  </level>
  <level label="i">
    <level label="1">
      <text>If, as a direct or indirect result of an erroneous report of wages or other information by an employing unit, benefits are paid to a claimant who is not entitled to the benefits, the Secretary shall charge the benefits against the earned rating record of the employing unit responsible for the erroneous report.</text>
    </level>
    <level label="2">
      <text>Notwithstanding paragraph (1) of this subsection, on request of an employing unit, the Secretary for cause may waive a charge to the employing unit earned rating record that results from erroneous report by the employing unit.</text>
    </level>
  </level>
  <level label="j">
    <level label="1">
      <text>If the Secretary allows an adjustment or refund under this title, the Secretary shall correct the employing unit’s earned rating record.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>The Secretary may not change an earned rate assigned to an employing unit as a result of an adjustment or refund unless under this title the application is submitted by the December 31 preceding the calendar year for which the rate is assigned.</text>
      </level>
      <level label="ii">
        <text>The Secretary shall waive the December 31 deadline for good cause.</text>
      </level>
    </level>
  </level>
  <level label="k">
    <level label="1">
      <text>Subject to paragraph (3) of this subsection, the Secretary may waive the charge of benefits paid to a claimant against the earned rating record of an employing unit if:</text>
      <level label="i">
        <text>the benefits are paid to the claimant during a period in which the claimant is temporarily unemployed because the employing unit shut down due to a natural disaster; and</text>
      </level>
      <level label="ii">
        <text>the Governor declared a state of emergency due to the natural disaster.</text>
      </level>
    </level>
    <level label="2">
      <text>If the Secretary waives the charge of benefits under paragraph (1) of this subsection, the waiver may be in effect only until the earlier of:</text>
      <level label="i">
        <text>4 months after the natural disaster; or</text>
      </level>
      <level label="ii">
        <text>the date the employing unit reopens.</text>
      </level>
    </level>
    <level label="3">
      <text>The Secretary shall waive the charge of benefits paid to a claimant against the earned rating record of an employing unit for any claim of benefits if:</text>
      <level label="i">
        <text>the claim is determined by the Secretary to be related to the reduced operations of the Port of Baltimore due to the collapse of the Francis Scott Key Bridge; and</text>
      </level>
      <level label="ii">
        <text>the employing unit had no direct or indirect control over the actions leading to the disruption in employment.</text>
      </level>
    </level>
  </level>
</section>
