Title 09 — Subtitle 32. Unemployment Insurance

“Administrative fee” means the fee due and owing on an employer's taxable wage base under §8-605.1 of the Unemployment Insurance Law.

“Contributor” means an employing unit liable for contributions on taxable wages for covered employment.

“Covered employment” means service performed for an employing unit that is subject to the Unemployment Insurance Law as determined by the Secretary.

“Department” means the Maryland Department of Labor.

“Reimburser” means a nonprofit organization or governmental unit, as defined in the Unemployment Insurance Law, that elects to finance its Unemployment Insurance liability through self-insurance.

“Secretary” means the Secretary of Labor or the Secretary's designee.

“Unemployment Insurance Law” means Labor and Employment Article, Title 8, Annotated Code of Maryland.

Additional or supplemental reports to determine liability shall be filed at the Secretary's request.

An employer that contends it is not liable under the Unemployment Insurance Law shall submit to the Secretary information to support that contention.

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.

Benefit Payments Not Chargeable. Benefit payments may not be charged against the earned-rate record of a contributor who is a base period employer when the claimant:

Continuous Part-Time Basis. For the purposes of this regulation, employment is on a continuous part-time basis under Labor and Employment Article, Title 8, Subtitle 6, Annotated Code of Maryland if:

When Charged.

Benefit Overpayment Credit. When an overpayment of benefits is established, the overpayment shall be credited to the contributor's earned-rate record in the calendar quarter in which the overpayment is established.

A reimburser who is a base period employer shall reimburse the Unemployment Insurance Trust Fund for all regular and work-sharing benefit payments, the appropriate share of extended benefit payments, and dependents' allowance.

A notice of benefit payments that must be reimbursed (Statement of Reimbursable Benefits) shall be sent to the reimburser at the end of each calendar quarter.

Reimbursers and Contributors.

Contributors. When all the claimant's base period employers are contributors, benefits paid to a claimant shall be allocated to each contributor in accordance with the Unemployment Insurance Law.

Reimbursers. When all the claimant's base period employers are reimbursers, benefits paid to a claimant shall be prorated to each reimburser in accordance with the Unemployment Insurance Law.

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.

Employment Records.

The dates of each pay period;

All of the wages paid to each worker for each pay period and the total amount of wages paid for employment in the pay period, showing separately the amount of wages paid:

The method by which wages are computed;

Hire date, separation date, and reason for separation of each worker;

Name, address, and Social Security number of each worker; and

With respect to individuals who work less than full-time:

Nonprofit organizations that elect to make payments instead of contributions shall file collateral approved by the Secretary.

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 benefit costs for the preceding 2 years, the amount of the collateral shall be increased to equal the average annual benefit costs. The amount of the collateral may not exceed the maximum State tax rate multiplied by that employer's taxable payroll for the prior year.

When the collateral is increased, the adjusted collateral shall be filed within 30 days of the Secretary's demand.

A corporation bond issued by a company licensed to issue surety-type bonds;

Cash deposit;

Treasury notes or other evidence of federal indebtedness;

Bonds or other evidence of indebtedness insured by the State that bind the full faith and credit of the State; or

Irrevocable and unconditional letters of credit.

Reimbursers are engaged in essentially the same industry, occupation, or activity; and

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.

That is less than one-half cent shall be disregarded; and

That is one-half cent or more shall be increased to 1 cent.

If an employing unit fails to pay administrative fees or related interest due based on information the employing unit provided in a contribution report, the Secretary:

An assessment under this regulation is final unless:

Except in the case of a fraudulent contribution report or the failure to file a contribution report, written notice of an assessment under this regulation shall be sent to an employing unit within 3 years of the last day of the period at issue in the notice.

If an employing unit fails to pay an assessment under this regulation, the Secretary may file a notice of lien in the circuit court of the county where the employing unit’s principal place of business is located, or a notice of lien in any other county that includes the information set forth in Labor and Employment Article, §8-629, Annotated Code of Maryland.

May lose its reimburser status and become a contributor as of the next January 1st for a period of 2 years; and

Shall forfeit its collateral to the extent of the unpaid benefits.

Total quarterly wages paid by the contributor;

Taxable quarterly wages paid by the contributor;

Total wages in excess of $8,500 per year;

Computation of contributions and administrative fees due;

The employing unit's Maryland unemployment insurance account number;

The employing unit's tax rate applicable to the quarter filed;

The number of employees performing services for the employing unit in each month of the quarter;

If applicable, penalties or interest as set forth in the Unemployment Insurance Law;

The signature of the employing unit or authorized representative; and

Other information the Secretary may require.

An employing unit that transfers its business to another employer shall file a contribution report within 15 days from the date of discontinuation or transfer.

An employing unit who otherwise discontinues its business or whose status is changed by appointment of a receiver, trustee, trustee in bankruptcy, or other fiduciary, shall file a contribution report within 5 days from the date of this change in status.

Name and Social Security number of each employee;

The employing unit's Maryland unemployment insurance account number;

Total quarterly wages paid to each employee;

Total quarterly wages paid by the employing unit; and

Other information the Secretary may require.

An employing unit that transfers its business to another employer shall file an employment report within 15 days from the date of the discontinuation or transfer.

An employing unit that otherwise discontinues its business or whose status is changed by appointment of a receiver, trustee, trustee in bankruptcy, or other fiduciary, shall file an employment report within 5 days from the date of this change in status.

Wages to be reported on the quarterly employment report include:

Wages to be reported on the quarterly employment report do not include payments made by an employing unit:

Contribution Reports. An employing unit that fails to file a timely contribution report in the prescribed manner shall pay a penalty of $35.

Employment Reports. An employing unit that fails to file a timely employment report in the prescribed manner shall pay a penalty of $35.

Separation Reports. An employing unit that fails to file a timely separation report in the prescribed manner upon the Secretary's request shall pay a penalty of $15.

Earnings Reports. An employing unit that fails to file a timely earnings report in the prescribed manner upon the Secretary's request shall pay a penalty of $15.

An employing unit that submits a check or other negotiable instrument that is returned for insufficient funds shall pay a penalty of $25.

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.

In each quarter when the Secretary determines that a refund due an employing unit is $100 or over, the refund may be applied to the employing unit's future indebtedness or refunded at the employing unit's request.

To overcome the employee presumption, an employing unit shall establish that the person performing services is an independent contractor.

The Secretary shall determine that an employing unit has established that the person performing services is an independent contractor when the conditions in §B(3)(a)—(c) of this regulation are clearly shown.

Circumstances evidencing the conditions mentioned in §B(2) of this regulation include, but are not limited to, the items listed after each condition:

Except as otherwise provided, a person performing services for wages for a sole proprietorship is engaged in covered employment.

The following persons employed by a sole proprietor are not engaged in covered employment:

A partner in a partnership is not engaged in covered employment.

If a partnership consists exclusively of spouses, then their children under 21 years old employed by the partnership are not engaged in covered employment.

When a corporate charter has been forfeited or revoked and the entity continues to operate, the entity shall be treated as a sole proprietorship or a partnership, as determined by the Secretary.

Persons determined by the Secretary to be sole proprietors or partners are not engaged in covered employment.

Any other employee of the entity is engaged in covered employment.

If a limited liability company is automatically classified as a corporation or elects to be classified as a corporation for federal tax purposes, the limited liability company is treated as a corporation for Maryland unemployment insurance purposes. All persons, including members who receive remuneration from the limited liability company for services performed, are engaged in covered employment.

If a limited liability company has a single member and is not classified as a corporation for federal tax purposes, the limited liability company is treated as a sole proprietorship for Maryland unemployment insurance purposes. The following persons employed by the single member limited liability company are not engaged in covered employment:

If a limited liability company consists of two or more members and is not classified as a corporation for federal tax purposes, the limited liability company is treated as a partnership for Maryland unemployment insurance purposes. The following persons employed by the limited liability company are not engaged in covered employment:

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 certified nursing assistants (“CNAs”), geriatric nursing assistants (“GNAs”) and licensed practical nurses (“LPNs”). The company verifies that all workers do not have a criminal background and are properly licensed before placing them on the registry.

Before placing a worker on its registry, ELC requires that the worker attend mandatory training and receive a list of rules and policies to follow in clients’ homes. ELC assigns available workers on its registry to clients. ELC sets the workers’ schedules and requires documentation of the work performed, such as time sheets or notes.

ELC determines the workers’ rates of pay and the workers cannot negotiate pay rates directly with ELC’s clients. Clients pay ELC and ELC deducts its fee and pays the workers. If a client is dissatisfied with a worker, the client contacts ELC directly. Each worker must sign an agreement with ELC that restricts his or her ability to enter into employment agreements with ELC’s clients, past or present.

The workers on ELC’s registry are employees of ELC.

Loving Care (“LC”) 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 certified nursing assistants (“CNAs”), geriatric nursing assistants (“GNAs”) and licensed practical nurses (“LPNs”). The company verifies that all workers do not have a criminal background and are properly licensed before placing them on the registry.

LC provides its clients with the names and contact information for available workers on its registry. Once contacted, a worker may then set and adjust their work hours and may negotiate their rates of pay directly with the client, unless otherwise established by a third party payor. The workers on LC’s registry, in conjunction with the client, determine the client’s needs and use their own tools and equipment to carry out their services. Workers are not required to report hours to LC, although some workers maintain notes for their own records.

Workers on LC’s registry carry their own workers’ compensation insurance and/or professional liability insurance coverage. Workers have their own independent businesses that are demonstrated by Federal Employer Identification Numbers (“FEINs”), tax returns, business cards, invoices, advertising and/or other indicia of operating an independently established business. Workers are responsible for maintaining necessary licensures and certifications, however, LC performs periodic credential checks to confirm that workers’ licenses and certifications are current.

The workers on LC’s registry invoice clients directly and are paid directly by the client. The workers are then responsible for remitting any referral fee directly to LC. LC only deviates from this payment system in limited circumstances when an alternative method of payment is necessitated by a third party payor or other legal arrangement established for the benefit of the care recipient. If dissatisfied with a worker, the client informs the worker directly. The workers are not bound by a non-solicitation provision.

The workers on LC’s registry are independent contractors.

Operated, supervised, controlled, or principally supported by a church or convention or association of churches; and

Operated primarily for religious purposes.

Interrelationship between affiliation with the church and institutional autonomy, including:

Extent of religious indoctrination, including:

Entirely within the State.

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 nature, or consists of isolated transactions.

Intention of the employing unit and employee as to whether the service is an isolated transaction or a regular part of the employee's work;

Intention as to whether the employee will return to the State upon completion of the work outside the State; and

Length of service with the employing unit within the State as compared to the length of service outside the State.

A person is engaged in covered employment in this State when the person's service is not localized in any state, but some services are performed in the State and the person's base of operations is in the State.

The base of operations is the place or fixed center, of more or less permanent nature, from which the employee starts work and to which he or she customarily returns in order to receive instructions from the employing unit or communications from customers or other persons, to replenish stocks and materials, to repair equipment, or to perform other functions necessary to the exercise of the employee's trade or profession.

The base of operations may be the employee's business office, or the employment contract may specify a particular place at which the employee is to receive directions and instructions.

A person is engaged in covered employment in this State when the person's service is not localized in any state and the person has no base of operations, or if the base of operations is in a state in which the employee performs no service, or if the base of operations moves from state to state, but the person's service is directed or controlled from this State.

The place from which a person's service is directed or controlled is the place at which the basic authority exists and from which the general control emanates.

When application of §§A—E of this regulation does not establish where the person's employment is covered, a person is engaged in covered employment in this State if the employing unit elects to cover in this State all the person's service either through an election of coverage or under a reciprocal coverage agreement.

Under the reciprocal coverage agreement the service may be covered in this State if:

Sole proprietor, which includes spouse, children, and parents of a sole proprietor;

Partner of a partnership;

Member of a limited liability company;

Chief Executive Officer;

Chief Financial Officer;

Any corporate officer; or

Any shareholder owning, directly or indirectly, more than 50 percent of a corporation's stock.

Has no common ownership, management, or control with the predecessor;

Acquires less than 50 percent of the payrolls or employees of the predecessor; and

Acquires less than 50 percent of the assets, business, organization, and trade of the predecessor.

Within 120 days of the transfer, written notice specifying the nature of the operations transferred and the state in which they were previously performed.

Within 60 days from the date of this notice, a certification from the unemployment insurance agency of the state from which the employer's operations were transferred certifying all information required by the Unemployment Insurance Law for calculating an earned rate in this State, and any other additional information required by the Secretary. The certificate shall include information identifying wages paid in the other state together with the employer's annual payrolls and benefit charges as defined in the Unemployment Insurance Law, for the 3 years immediately preceding this computation date as defined in the Unemployment Insurance Law.

Upon the request of the Secretary, a certification from the other state containing all the information that the Secretary requires relating to benefit charges for the 12 consecutive month period preceding each subsequent computation date on the basis of wages paid in the other state. When this information is required, the employer shall furnish it not later than 60 days after the Secretary's request.

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.

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.

When two or more related corporations concurrently employ the same individual and compensate that individual through a common paymaster, and when the common paymaster is one of the related corporations that employs the individual, each corporation shall be considered to have paid only the remuneration it actually disburses to that individual. If all the remuneration to the individual from the related corporations is disbursed through the common paymaster, the total amount of wages disbursed by the common paymaster shall be deemed wages subject to contribution and administrative fees. The common paymaster shall be responsible for filing the contribution report and the employment report.

When two or more related corporations employ different individuals and compensate the individuals through a common paymaster, but the individual performs no service for the common paymaster during the calendar year, each corporation shall be considered to have paid only the remuneration it actually disburses to the individuals. The related corporations that pay the remuneration to the individuals shall each be responsible for filing the contribution reports and the employment reports.

Only the employing unit from which the claimant was discharged or suspended for reasons which are determined to constitute aggravated misconduct in connection with the work; and

Any benefit years beginning with and following the disqualification for discharge or suspension for reasons which constitute aggravated misconduct in connection with the work, except that if the benefit year has been established before the date of the discharge or suspension, the deletion takes effect beginning with the week of the disqualification.

Definition. “Unemployment insurance tax preparer” means a person who files quarterly unemployment insurance contribution reports or employment reports on behalf of employing units for compensation.

Scope. Sections B and C of this regulation apply to unemployment insurance tax preparers who file on behalf of 100 or more employing units.

An unemployment insurance tax preparer shall file the information required in Regulations .11 and .12 of this chapter by mail or electronic means.

A contribution report or an employment report is deemed returned when it is either received by the Division of Unemployment Insurance or postmarked by the United States Post Office.

“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.

“Professional employer organization” does not mean a temporary help firm within the meaning of this subtitle.

A professional employer organization is subject to all of the rights and obligations of employing units under the Unemployment Insurance Law.

Acquisitions.

Notification.

Annual Report.

“Appointment” means reporting:

“Basic weekly benefit amount” means the weekly benefit amount for a week of total unemployment excluding any allowance for dependents.

“Benefits” means benefits pursuant to the Unemployment Insurance Law.

“Claim” means an application for benefits that is filed with the Secretary, either for the purpose of beginning a claim period, or for the purpose of claiming benefits for a compensable week.

“Claim notification” means written notification sent to a claimant, by mail or electronic means, that provides instructions to the claimant for the filing of a continued claim or claims.

“Continued claim” means one of a series of claims filed, for one or more weeks of continuous unemployment, following an initial or a reopened claim.

“Department” means the Maryland Department of Labor.

“Dependent” means a claimant's child, stepchild, or legally adopted child who, at the beginning of a claimant's benefit year, is wholly or partially supported by the claimant and is younger than 16 years old.

“Employment Service” means the Employment Service, an agency within the Department.

“Initial claim” means an application for benefits filed with the Secretary. The three types of initial claims are as follows:

Office.

“Register” and “registration” mean that the individual is available for referral to job opportunities, training, and employment development services through the Department. When the filing of a claim permits an individual full use of the Employment Service, that filing constitutes registration.

“Remuneration” means all compensation for services whether or not the compensation constitutes taxable wages under the Unemployment Insurance Law.

Reopened Claim.

“Secretary” means the Secretary of Labor or the Secretary's designee.

“Unemployment Insurance Law” means Labor and Employment Article, Title 8, Annotated Code of Maryland.

“Week” means the calendar week beginning at 12:01 a.m. Sunday morning and ending at midnight the following Saturday.

“Weekly benefit amount” means the weekly benefit amount for a week of total unemployment including any dependents' allowance.

“Week of total unemployment” means a week during which a claimant performs no work for which wages are payable.

“Working day” means a day other than Saturday, Sunday, or a State holiday.

Effective date of an initial or reopened claim is the first day of the week in which an individual reports, registers, and files the initial or reopened claim as instructed by the Secretary;

Claimant shall file initial or reopened claims in the manner and time frame prescribed by the Secretary;

Secretary may direct that an initial or reopened claim be filed:

Eligibility of an individual for benefits may not be determined until the individual provides a valid Social Security number.

A claim may be backdated when a claimant reports partial earnings for a week before the initial claim, to the Sunday of that week provided the claim is filed not later than:

A transitional claim shall be effective the day following the end of the preceding benefit year;

Severe weather conditions exist, as declared by the Secretary;

Clerical error attributable to the Department occurs;

The office to which the claimant is instructed by the Secretary to report is closed for a reason other than that the day is not a working day;

A claim may be backdated when the claimant did not file a claim in reasonable reliance on an invalid agreement to waive, release, or commute the claimant's rights to benefits as prohibited by the Unemployment Insurance Law.

Except in the case of a transitional claim, the benefit year for a claimant begins with the Sunday of the first week for which the claimant files a valid new claim for benefits. This benefit year continues for 52 weeks.

In the case of a transitional claim, the benefit year begins on the day immediately following the expiration date of the previous benefit year.

Except as otherwise provided, following an initial or reopened claim, a claimant shall file continued claims in the manner required by the Secretary.

The Secretary may instruct a claimant to file a continued claim by:

Continued claims shall be filed in the manner required by the Secretary not sooner than the Sunday immediately following the close of the week for which benefits are claimed and within the time allowed under §B(5) of this regulation.

If appropriate, an open week shall be created for the first week which includes the date on which the initial or reopened claim was filed. Following the first week, the claimant shall file a continued claim on a weekly basis. If appropriate, the next open week to be filed shall be made available to the claimant upon the receipt of the preceding continued claim.

Timely Filing.

The Secretary may schedule an appointment for a claimant:

The claimant shall be given notice by mail or electronic means of the time, date, place, and type of the appointment and notified whether the appointment will be by telephone or in person. The notice shall include any issue to be resolved.

If the claimant is unable to report as instructed for the appointment, the claimant shall complete the form provided and return it to the Secretary before the appointment. The claimant's response shall include the reason the claimant is unable to report as instructed and shall provide any information that should be considered on the issue to be resolved.

If the claimant fails to report as instructed for the scheduled appointment or the office designated by the Secretary does not receive requested information from the claimant by the time of the appointment, the decision shall be based on information available to the Secretary at the time of the appointment.

If the claimant fails to report as instructed for any scheduled Department appointment, benefits may be terminated or suspended for that reason alone.

Job search assistance;

Job placement;

Counseling;

Testing;

Providing occupational and labor market information;

Evaluations and assessments;

Workshops;

Job clubs;

Referrals to employers; and

Related services.

Reason for the claimant's separation from employment;

Last day that the claimant worked for that employer;

Amount and form of any pension pay to which the claimant may be entitled, and whether the claimant contributed to the pension;

Amount of any holiday pay, vacation pay, severance pay, or special pay paid or payable by the employer;

Claimant's last weekly or hourly pay rate; and

Other information that the Secretary may request.

The date of the layoff;

The reason for the layoff;

The names and Social Security numbers of the employees affected, in Social Security number or alphabetical sequence;

The amount and form of any pension pay to which an employee may be entitled, and whether the employee contributed to the pension;

The amount of any vacation pay, holiday pay, severance pay, or special pay paid or payable by the employer;

Any wage continuation as defined in Regulation .13 of this chapter; and

Each employee's last weekly or hourly pay rate.

Immediately upon the beginning of the layoff, the employer shall notify the Secretary of the layoff, the date of the layoff, and the reason for the layoff; and

Within 48 hours after the beginning of the layoff, the employer shall file with the Secretary the information set forth in §B(3)—(7) of this regulation.

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:

Exemptions under this section may be granted for each period of unemployment of 10 weeks or less in 1 benefit year.

The Secretary may exempt from only 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 11 to 26 weeks from the last day of employment, if the:

The Secretary's determination to grant or deny the exemption under this section shall be based on:

The Secretary shall grant or deny the request for the exemption within 15 days of receipt of the request.

An exemption under this section may be granted only once during any 12-month period.

In this regulation, the following terms have the meanings indicated.

Terms Defined.

Unless the claimant makes the showing required in §C(2) of this regulation, the Secretary shall determine that a claimant does not meet the “actively seeking work” eligibility condition during the first week claimed if:

The claimant may avoid the Secretary's determination in §C(1) of this regulation if the claimant shows that the claimant:

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.

Within 48 hours after the beginning of the dispute, the employer shall file with the Secretary a list stating the:

The list in §A(2) of this regulation shall substitute for individual separation notices for the listed employees.

When the dispute is over or the employees have returned to work, the employer shall so advise the Secretary.

A claim of a claimant who is not working as a result of an alleged labor dispute is effective the first day of the week in which the claimant reports under the same terms and conditions as set forth for initial and reopened claims in Regulation .03 of this chapter.

Claims made under this regulation shall be filed as instructed by the Secretary.

Performed services for wages;

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; and

Meets all of the requirements set forth in the Unemployment Insurance Law.

A claimant for partial benefits shall comply with each reporting requirement set forth in Regulation .04 of this chapter.

A claimant for partial benefits shall report gross wages during the week in which the claimant performed the services for which the wages were earned.

A claimant for partial benefits shall be able to work, available to work, and actively seeking full-time employment.

The effective date of a claim for partial benefits is as set forth in Regulation .03D(1) of this chapter.

When the remuneration is paid;

If remuneration is less than the claimant's weekly benefit amount; and

If the claimant is able and available to accept full-time work, and is actively seeking full-time work.

A claimant eligible for partial benefits shall be paid a benefit amount equal to the claimant's weekly benefit amount, less that part of the wages payable to the claimant in excess of the amount provided by the Unemployment Insurance Law.

The partial benefit amount shall be rounded down to the nearest whole dollar.

Partial benefits are payable until the maximum benefit amount is exhausted for the claimant's benefit year, provided all of the eligibility requirements of the Unemployment Insurance Law are met.

A claimant may receive only 26 weeks of dependents' allowance regardless of the number of weeks the claimant receives partial benefits.

The claimant shall provide a Social Security number, a copy of the dependent's birth certificate, or other reliable means of proof within 30 days from the week in which the first continued claim in the benefit year is filed.

A claimant who is otherwise eligible for benefits and who has not yet submitted the required dependents' allowance verification shall be paid benefits in the amount equal to the claimant's weekly benefit amount without the allowance for any unverified dependents. This shall continue until such time as verification is provided. Upon receipt, dependents' allowance shall be paid retroactively.

The total of the claimant's basic weekly benefit amount plus the claimant's dependents' allowance may not exceed the maximum weekly benefit amount.

When the total of a claimant's basic weekly benefit amount and dependents' allowance exceed the maximum weekly benefit amount, any other claimant who, at that time, is supporting the same dependents may claim the dependents' allowance for the balance of the latter claimant's benefit year.

The week or weeks designated by the employer or the collective bargaining agreement as the holidays or vacation days; or

If not as designated in §B(1) of this regulation, the weeks during which it is paid.

Holiday pay or vacation pay shall be deducted from benefits if the claimant is notified of a definite return-to-work date on or before the date of layoff or separation. The reason for separation is not a determining factor.

If the employer rescinds or modifies the return-to-work date originally given the claimant and extends the period of unemployment after the claimant files the initial or reopened claim, vacation pay or holiday pay shall be deducted only for the originally specified vacation or holiday period and may not be deducted for any period of additional unemployment resulting from the rescission or modification.

At the time of or after the claimant is separated from employment, and the claimant is separated from employment for an indefinite period or is permanently separated from employment; or

By the employer or payable for any period which is outside of the terms of an employment agreement that specifies scheduled vacation or holiday periods or employee discretion in scheduling vacation or holiday periods.

Severance pay shall be deducted from benefits.

The Secretary shall allocate severance pay that is paid in a lump sum or in increments to a number of weeks following the date of separation, including the week during which the claimant was separated from employment. The Secretary shall allocate severance pay by:

If severance pay allocated to a particular week is less than the claimant's weekly benefit amount, the claimant shall receive the difference.

“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.

“Lump-sum retirement payment” means the gross amount of a retirement payment that is paid in one payment. Any retirement payment paid in more than one payment is not a lump-sum retirement payment, even if the installments are paid irregularly.

“Noncontributory retirement payment” means a plan providing a retirement payment under which an employing unit pays or has paid all premiums or contributions and the claimant pays or has paid none.

“Periodic retirement payment” means the gross amount of a retirement payment payable on a recurring basis.

Retirement payments shall be deducted from benefits if the payments are made under a plan maintained or contributed to by a base period employer.

Deductible retirement payments include but are not limited to:

Social Security benefits;

Survivor's or widow's pensions;

Military service connected disability compensation as defined in 38 U.S.C. §301 et seq. (Veterans' Administration Disability Benefits);

Temporary disability insurance; or

Workers' compensation and black lung benefits.

Verification.

Calculation. Deductible retirement payments shall be deducted from benefits payable to the claimant as follows:

Dependents' Allowance. The deduction of retirement payments from benefits paid does not affect the weekly benefit amount for purposes of calculating the dependents' allowance, except that if no benefit payment is due after the deduction, the dependents' allowance is not payable.

Duration of Benefit Payments. Benefits reduced as a result of a retirement payment deduction are payable until the maximum benefit amount is exhausted for the claimant's benefit year, provided all of the eligibility requirements of the Unemployment Insurance Law are met.

Effect on Partial Earnings. If a claimant has partial earnings in any week for which the claimant's weekly benefit amount is to be reduced by a deductible retirement payment amount, the partial benefits are computed first, and the retirement payment is deducted from the remainder, if any.

Deductible Lump Sum Retirement Payments.

Nondeductible Lump Sum Retirement Payments.

Any wage received for covered employment as defined by the Unemployment Insurance Law;

Holiday pay;

Vacation pay; and

Special pay.

The following payments are not considered wages for the purpose of determining a claimant's monetary eligibility for benefits:

Benefit payments shall be initiated as quickly as administratively feasible when:

Unless a question of continued eligibility arises, payment of benefits shall continue on a biweekly basis following the receipt of the claimant's complete and correct biweekly claim forms.

Send a written notice by first-class mail or electronic means to the claimant and any employer who may have knowledge of the disputed facts, stating:

Conduct a proceeding at which the parties may:

Provide a reasonable opportunity to a party to rebut any relevant evidence that the Secretary receives after the proceeding and that may be a basis for a decision.

After conducting an interview or a proceeding as set forth in §D or E of this regulation, the Secretary shall send a written decision to all parties by first-class mail or electronic means that:

Benefit payments shall be initiated as quickly as administratively feasible in accordance with a decision awarding benefits.

The Secretary may expedite payment for benefits due a claimant if the:

Examples of an immediate financial hardship include:

Either of the following conditions is satisfied:

He has no right to unemployment compensation or allowances, as the case may be, under the following federal law, the Railroad Unemployment Insurance Act; and

He has not received and is not seeking for the week unemployment compensation under the law of the Virgin Islands or of Canada, but if he is seeking this compensation and the appropriate agency finally determines that he is not entitled to compensation under this law, he is an exhaustee.

Begins with the third week after whichever of the following weeks occurs first:

Ends with either of the following weeks, whichever occurs later:

The average weekly number of individuals filing claims in this State for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the Secretary on the basis of his reports to the United States Secretary of Labor, by

The average monthly employment covered under the Unemployment Insurance Law for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.

There is a State “on” indicator in this State for a week if the Secretary determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under the law equaled or exceeded 120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, and equaled or exceeded 4 percent. After a State “on” occurs pursuant to this section, there is a State “off” indicator for this State for a week if the Secretary determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under the law was less than 120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding 2 calendar years or was less than 4 percent.

There is a State “on” indicator in this State for a week if the Secretary determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under the law equaled or exceeded 5 percent. After a State “on” indicator occurs pursuant to this section, there is a State “off” indicator for a week if the Secretary determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under the law was less than 5 percent.

50 percent of the total amount of regular compensation, (including dependents' allowances) payable to him during the benefit year under the law;

13 times his average weekly benefit amount; or

39 times his average weekly benefit amount, reduced by the regular compensation paid (or deemed paid) to him during the benefit year under that law.

The Secretary shall determine the “rate of insured unemployment” for the purposes of the State “on” and “off” indicators. In making this determination he shall use a fraction, the numerator of which will be the weekly average number of weeks claimed in the State for the 13-week period ending with the week for which the determination is made (not seasonally adjusted) and the denominator of which shall be the average monthly employment covered under the State law for the first four of the last six calendar quarters ending before the close of the 13-week period. The quotient obtained is to be computed to four decimal places and is not to be otherwise rounded.

The rate for the most recent 13-week period is to be divided by the average of the rates for the corresponding 13-week periods in each of the 2 preceding years to determine whether the rate is equal to 120 percent of the average rate for the 2 years. The quotient obtained shall be computed to four decimal places and may not be otherwise rounded. The average of the rates for the corresponding 13-week periods in each of the 2 preceding years shall be one-half the sum of the rates for the period computed to four decimal places and not otherwise rounded.

For the purpose of determining the corresponding 13-week period ending in each of the preceding calendar years, the first week in any calendar year shall be the first full calendar week in that year. The Secretary shall utilize the list of numbered weeks for each calendar year beginning with the first Sunday in January, 1968, provided by the Secretary of Labor.

An extended benefit period in Maryland shall begin on the first day of the third calendar week after whichever of the following occurs first:

An extended benefit in Maryland shall end on the last day of the third week after the first week for which there is both a national and a State “off” indicator. An extended benefit period established in Maryland before January 1, 1972 may be ended before that date solely on the basis of a State “off” indicator in Maryland.

Notwithstanding the provisions of §A(2) of this regulation, an extended benefit period which becomes effective in Maryland shall continue for not less than 13 consecutive weeks.

An extended benefit period may not begin by reason of a State “on” indicator before the fourteenth week after the close of a prior extended benefit period with respect to Maryland.

“Week” for the purpose of determining whether a State “on” or “off” indicator occurs means a calendar week beginning at 12:01 a.m. Sunday and ending 12:00 p.m. on the following Saturday.

“Agency” means any officer, board, commission, or other authority charged with the administration of the unemployment insurance law of a participating jurisdiction.

“Interested jurisdiction” means any participating jurisdiction to which an election submitted under this regulation is sent for its approval. “Interested agency” means the agency of that jurisdiction.

“Jurisdiction” means any state of the United States, the District of Columbia, Puerto Rico, Virgin Islands, Guam, and Samoa, or, with respect to the Federal Government, the coverage of any Federal Unemployment Law.

“Participating jurisdiction” means a jurisdiction whose administrative agency has subscribed to the arrangement and whose adherence to it has not ended.

“Services customarily performed by an individual in more than one jurisdiction” means service performed in more than one jurisdiction during a reasonable period, if the nature of the services gives reasonable assurance that they will continue to be performed in more than one jurisdiction or if these services are required or expected to be performed in more than one jurisdiction under the elections.

Any part of the individual's services are performed;

The individual has his residence; or

The employing unit maintains a place of business to which the individual's services bears a reasonable relation.

The agency of the elected jurisdiction (thus selected and determined) shall approve or disapprove the election.

If the agency approves the election, it shall forward a copy of it to the agency of each other participating jurisdiction specified on the copy, under whose unemployment compensation law the individual or individuals in question might, in the absence of this election, be covered. Each interested agency shall approve or disapprove the election, as promptly as practicable, and shall notify the agency of the elected jurisdiction accordingly. If its law requires, any interested agency, before taking this action, may require from the electing employing unit satisfactory evidence that the affected employees have been notified of, and have acquiesced in, the election.

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.

If the electing unit requests an earlier effective date than that beginning of the calendar quarter in which the election was submitted, the earlier date may be approved solely as to those interested jurisdictions in which the employer had no liability to pay contributions for the earlier period in question.

The application of an election to any individual under this regulation shall terminate, if the agency of the elected jurisdiction finds that the nature of the services customarily performed by the individual for the electing unit has changed, so that they are no longer customarily performed in more than one participating jurisdiction. This termination shall be effective as of the close of the calendar quarter in which notice of the finding is mailed to all parties affected.

Except as provided in §B(1) of this regulation, each election approved here shall remain in effect through the close of the calendar year in which it is submitted, and afterwards until the close of the calendar quarter in which the electing unit gives written notice of its termination to all affected agencies.

Whenever an election under this regulation ceases to apply to any individual, under §B(1) or (2) of this regulation, the electing unit shall notify the affected individual accordingly.

“Agent state” means any state in which an individual files a claim for benefits from another state.

“Basic Plan for Combining Wages” means an interstate agreement which establishes a system whereby unemployed workers who lack qualifying wages sufficient for benefits in any one state, may through combining wages from more than one state, become eligible for benefits.

“Benefits” means the compensation payable to an individual, with respect to his unemployment, under the unemployment insurance law of any state.

“Extended Plan for Combining Wages” means an interstate agreement which establishes a system whereby unemployed workers having sufficient base-period wages to qualify for less than maximum benefits in one or more states and insufficient base-period wages to qualify for benefits in one or more states, may increase the benefits to which they are entitled by combining wages in one of the states in which they have sufficient base-period wages with base-period wages in all states in which they have insufficient wages.

“Interstate Benefit Payment Plan” means the plan approved by the Interstate Conference of Employment Security Agencies under which benefits shall be payable to unemployed individuals absent from the state (or states) in which benefit credits have been accumulated.

“Interstate claimant” means an individual who claims benefits under the unemployment insurance law of one or more liable states through the facilities of an agent state. The term “interstate claimant” does not include any individual who customarily commutes from a residence in an agent state to work in a liable state unless the Maryland Department of Labor finds that this exclusion would create undue hardship on the claimants in specified areas.

“Liable state” means any state against which an individual files, through another state, a claim for benefits.

“State” includes District of Columbia, Puerto Rico, Virgin Islands, Guam, Samoa, and the Philippine Islands.

“Week of unemployment” includes any week of unemployment as defined in the law of the liable state from which benefits with respect to these weeks are claimed.

If claims are filed in other than the paying state, the Interstate Benefit Payment Procedure shall be followed.

If claims are filed in the paying state, they shall be filed in the same manner as by any other claimant who is claiming benefits under the unemployment insurance law of that paying state.

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.

An appeal or a petition for review may be filed only by mail, facsimile, hand delivery to the administrative office of the Board of Appeals as listed on the hearing examiner decision, or other method of transmission established by the Board of Appeals. The appeal may not be filed by electronic mail.

When filed by an attorney or authorized representative, an appeal from or petition for review of a hearing examiner’s decision shall be accompanied by a certification that a copy of the appeal or petition for review and all accompanying papers were mailed, or otherwise delivered in accordance with the format and procedures established by the Board of Appeals, to all other parties in the case. Failure to include the certification does not affect a determination as to the timeliness of the appeal. Failure to include the certification may result in a dismissal of the appeal or petition for review.

In the event of an appeal or a petition for review from a hearing examiner’s decision involving more than one claimant on the same issue, the appeal or petition for review may be filed by the individual claimants or by an attorney or authorized representative on the claimants’ behalf. The attorney or authorized representative shall submit, together with the appeal or petition for review, a list containing the names, addresses, appeal numbers, and the last four digits of the Social Security numbers of the claimants who are parties to the appeal or petition for review.

In the event of an appeal or petition for review from a hearing examiner’s decision involving a review determination issued under the Labor and Employment Article, Title 8, Subtitle 6, Annotated Code of Maryland, the employer, or the employer’s attorney or authorized representative, shall include the name of the employer, the employer’s address, employer account number, if any, the review determination number and a copy of the hearing examiner’s decision.

Under Labor and Employment Article, §8-5A-10(a)(1), Annotated Code of Maryland, an appeal or petition for review from a hearing examiner’s decision involving a determination or redetermination of a claim shall be filed by a party within 15 calendar days after Lower Appeals sends a decision to the last known address of the party.

Under Labor and Employment Article, §8-5A-10(a)(2), Annotated Code of Maryland, an appeal from a hearing examiner’s decision involving a review determination shall be filed by an employer within 30 calendar days after Lower Appeals sends the hearing examiner’s decision to the employer at the employer’s last known address.

The period for filing an appeal or a petition for review may not be extended by the Board of Appeals.

An appeal or petition for review is considered filed on the earliest of the following dates:

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.

Notice is sufficient when mailed to the party, postage prepaid, or otherwise delivered to the party in accordance with the format and procedures established by the Board of Appeals, at the last known address of the party.

In the case of appeals or petitions for review filed under Regulation .01A(3) of this chapter, notice mailed or otherwise delivered to the attorney or authorized representative, plus notice mailed or otherwise delivered to each individual appellant who filed an individual appeal or a petition for review or to those persons who requested an individual notice, shall be sufficient notice to all parties represented by the attorney or authorized representative. This subsection shall also apply to notices of hearings in labor disputes in which the Board of Appeals has jurisdiction to issue original determinations.

For notice purposes, the representation of a party by an attorney or authorized representative is effective on the date an appearance is entered in the case, or the date the appearance is noted in the appeal file, whichever is earlier.

The Board of Appeals shall inquire fully into the facts of the particular case. The Board of Appeals shall consider all issues expressly appealed by the party in the case and all issues expressly ruled upon in the decision of the hearing examiner. The appeal of a ruling under Labor and Employment Article, §8-1001, 8-1002, 8-1002.1, or 8-1003, Annotated Code of Maryland, shall be considered an appeal raising all four disqualification issues.

Notwithstanding §E(1) of this regulation, the Board of Appeals may hear and determine any issue in the case, even if not expressly ruled upon by the hearing examiner or indicated in the notice of hearing, if the speedy administration of justice, without prejudice to any party, will be substantially served by doing so.

An interested party may appear without representation in any proceeding before the Board of Appeals.

A party may be represented by an attorney admitted to practice by the Maryland Court of Appeals. Attorneys admitted to practice before the courts of any other state or territory of the United States may represent a party subject to the rules of the Maryland Court of Appeals.

A claimant may also be represented by an authorized representative other than an attorney, but the representative may not charge or accept payment for the representation.

An employer may appear for itself, or be represented by any other authorized representative.

The Board of Appeals may prohibit an individual from representing others in a hearing if the Board of Appeals finds, after a special hearing convened for that purpose, that the individual has committed unethical conduct in relation to unemployment insurance claims and appeals.

If a party or witness is hearing-impaired or mute, and because of this impediment cannot readily understand or communicate the spoken language, or if the party or witness is unable to communicate in the English language, the party or witness may apply to the Board of Appeals for the appointment of a qualified interpreter to assist that person. The scheduling authority may appoint an interpreter on its own motion.

Upon application of the party or witness, the Board of Appeals shall appoint a qualified interpreter to assist that person.

In selecting a qualified interpreter for appointment, the Board of Appeals may consult any directory of interpreters which is maintained by any court in this State.

An interpreter appointed pursuant to this section shall be allowed reasonable compensation subject to approval of the Board of Appeals.

Unless the Board of Appeals has denied a petition for review, appeals to the Board of Appeals shall be considered upon the evidence in the record based on the hearing before the hearing examiner, but the Board of Appeals may direct the taking of testimony in addition to that contained in the record, in its discretion, or, after notice to the parties, hear the case de novo and disregard testimony taken previously, or take testimony in addition to that contained in the record made before the Lower Appeals Division.

The Board of Appeals shall have the power to call, examine, and cross-examine witnesses and to introduce into the record documentary or other evidence. As authorized by the Board of Appeals, the parties to the hearing may be given an opportunity to cross-examine witnesses, call witnesses on their own behalf, to inspect documents, and to offer evidence in explanation or rebuttal.

The Board of Appeals may also order the taking of testimony in a hearing before a special examiner, unless a party objects in writing.

Upon request of any party at a hearing, the Board of Appeals or its designee shall grant the interested parties a reasonable time for oral argument.

The Chairman shall preside at the hearings before the Board of Appeals and shall make all evidentiary and procedural rulings at the hearings. If the Chairman is not present at a hearing, each associate member shall, on alternate hearing days, exercise the powers of the Chairman at the hearing.

Two members of the Board of Appeals shall constitute a quorum for the purpose of any hearing under this regulation.

If the decision of the three members of the Board of Appeals is not unanimous, the decision of the majority of the members shall control. The minority member may file a dissenting opinion, together with the reasons for that dissent. Each member of the Board of Appeals who participates in a Board of Appeals hearing shall sign the decision on the case and shall indicate his or her concurring opinion, and shall state the reasons for that concurrence.

Rules of Evidence. The hearings shall be conducted informally in a manner to ascertain the substantial rights of the parties, and the Board of Appeals may not be bound by common law or statutory rules as to the admissibility of evidence or by technical rules of procedures. Witnesses shall testify under oath or affirmation.

Electronically Stored Records. A party who seeks to enter into evidence video recordings, audio recordings, or other electronically stored records shall produce at the hearing the equipment necessary to allow review of the contents of the records. The party offering the records shall have the continuing obligation to produce the equipment necessary to review the records if further administrative proceedings occur. If the party offering the records fails to produce the equipment necessary to review the records, the Board of Appeals may exclude the records from consideration.

Agency Records.

Evidence of Medical Condition. In any case when the medical condition of a party is at issue, the Board of Appeals, for good cause shown, may grant a party up to 10 days after the hearing to submit written medical documentation.

Additional Records. The Board of Appeals, for good cause shown, may grant a party up to 10 calendar days after a hearing to submit additional records.

The Board of Appeals may issue subpoenas, to be served by certified mail or by any individual who is not a party and who is 18 years old or older, to compel the attendance of witnesses and the production of books, papers, correspondence, and other records deemed necessary as evidence in writing.

The scheduling authority may deny requests for subpoenas that it determines are frivolous or unreasonably burdensome to the other party, but requests may not be denied without substantial cause.

Requests for subpoenas shall:

A request for reopening of a dismissed case shall be in writing. If an attorney or authorized representative files a request on behalf of a party, the request shall include a notation that a copy of the reopening request was simultaneously mailed or delivered to the opposing parties. A failure to include this notation, however, does not affect the timeliness of the request.

A request for the reopening of a case may be granted for the following reasons:

Misreading of a properly prepared hearing notice as to the date, time, and place of the hearing is not good cause for reopening a dismissed case.

A dismissal issued by the Board of Appeals after a scheduled hearing may be reopened only by a majority vote of the Board of Appeals taken within 10 calendar days of the date of the dismissal.

The decision of the Chief Hearing Examiner of the Lower Appeals Division that there is not good cause to reopen a dismissed case is appealable to the Board of Appeals.

The decision of the Chief Hearing Examiner of the Lower Appeals Division that there is good cause to reopen a dismissed case is appealable to the Board of Appeals only at the time that a decision on the merits of the underlying case is rendered.

In the event that a party failed to appear for a hearing that resulted in a decision by a hearing examiner, the non-appearing party may request an opportunity to establish good cause for failing to appear for a hearing.

A request for a hearing to determine if there is good cause for failing to appear shall be in writing, and shall be sent to the opposing party or parties. The Board of Appeals may order that a second hearing be held before a hearing examiner if the party establishes a reason listed in COMAR 09.32.11.02 for reopening a case or a procedural or due process violation.

An attorney representing a claimant in a proceeding before the Board of Appeals may not charge a fee in excess of 200 percent of the claimant’s weekly benefit amount per case without the approval of the Board of Appeals.

Requests for approval of fees greater than 200 percent of the claimant’s weekly benefit amount shall be accompanied by an itemized account of services rendered in the case. A request for the excess fee shall be submitted within 30 calendar days of the date of the issuance of the decision. The Board of Appeals shall have authority to approve a fee higher than the maximum allowed under §P(1) of this regulation based upon the complexity of the case and the reasonableness of the fees.

The fee amounts set out in this subsection may be awarded in addition to any fees awarded by the Chief Hearing Examiner of the Lower Appeals Division.

A request for the postponement of a case shall be in writing, addressed to the scheduling authority, and accompanied by a notation that a copy of the request was simultaneously mailed, or otherwise delivered in accordance with procedures established by the Board of Appeals, to the opposing party in the case.

Unless the requirements of §R(5) of this regulation are met, a request for postponement shall be considered only if received by the scheduling authority at least 3 business days before the hearing date.

The scheduling authority may postpone a hearing for good cause shown. The repeated inability of a party’s attorney or authorized representative to appear on account of a conflicting court date is not good cause.

Documentary proof of the reason for postponement may be required by the scheduling authority. This documentation must be received by the scheduling authority at least 3 business days before the date of the originally scheduled hearing.

A request for a postponement that is not received by the scheduling authority at least 3 business days before the hearing may be granted for good cause if:

Testimony before a special examiner designated by the Board of Appeals may be taken by telephone.

A party not wishing to present testimony and evidence by telephone may appear at the hearing and present evidence in person at the location from which the telephone hearing is generated.

In all telephone hearings, documentary evidence that a party participating by telephone intends to offer must be provided to the special examiner and all other parties at least 5 calendar days before the hearing. The special examiner may refuse to consider evidence that is not timely provided. Before the acceptance into evidence of documents at a telephone hearing, the special examiner shall allow the opposing party to cross–examine the submitting party or witness concerning the nature and veracity of the proffered document.

A party shall be afforded all rights at a telephone hearing to which the party would be entitled at a regular hearing, subject only to the limitations of the physical arrangement.

A party’s failure to call into a hearing, failure to answer the telephone, failure to have a telephone available for a hearing, or failure to be ready to proceed with the hearing shall be considered as a failure to appear at the hearing if these conditions exist for more than 10 minutes after the scheduled time for the hearing.

The name, address, employer account number, if any, and review determination number; and

A copy of the decision of the Lower Appeals Division that is being appealed.

“Claimant” means any individual who has filed a claim for unemployment insurance benefits.

“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.

“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.

“Department” means the Maryland Department of Labor.

“Overpaid claimant” means any claimant who has been determined to have received an overpayment of unemployment insurance benefits.

“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.

“Secretary” means the Secretary of Labor, or the Secretary's authorized representative.

“Unemployment insurance benefits” means any monetary payments of benefits, including dependents' allowances, which are made pursuant to:

“Unemployment Insurance Law” means Labor and Employment Article, Title 8, Annotated Code of Maryland.

Is without fault; and

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.

An incorrect statement made by the claimant which the claimant knew or should have known to be incorrect;

Failure to furnish information which the claimant knew or should have known to be material, including failure to correct a monetary determination; or

Acceptance of a payment which the claimant knew or should have known was incorrect.

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.

Advising the claimant of the right to provide additional information within 15 days to the Secretary for the Secretary's consideration.

“Claimant” means an individual who submits a claim for unemployment insurance benefits.

“Department” means the Maryland Department of Labor.

“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.

“Unemployment insurance office” means:

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;

Refusal or failure of the employer to produce records requested pursuant to Labor and Employment Article, §8-625(b), Annotated Code of Maryland;

Refusal or failure of the employer to cooperate with an investigation authorized under Labor and Employment Article, §8-306, Annotated Code of Maryland;

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

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.

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.

The letter shall:

If the employer fails to respond to the initial audit notice, the auditor shall send the employer a final audit notice requesting that the employer contact the auditor within 10 business days.

The notice shall advise that if the employer fails to contact the auditor within 10 business days, a subpoena duces tecum may be issued compelling production of records.

Require a meeting with the employer or the employer's designated representative;

Interview the workers in question; or

Request additional information or documentation from the employer.

If, after completing the audit, the auditor finds that adjustments to the employer's account are warranted, the auditor shall notify the employer of the audit findings and the adjustments to be made to the account.

The Preliminary Audit Findings letter shall state the basis for the audit findings, based on information the auditor has received.

Judicial enforcement of the subpoena; or

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.

Review the audit work papers;

Speak to the employer and designated representative; and

Request any additional information the reviewer deems necessary.

State in detail the facts upon which the reviewer relied in order to affirm or adjust the audit findings; and

Advise the employer that if the employer disagrees with the review determination, the employer may file an appeal with the Board of Appeals in accordance with procedure and time periods set forth in the Maryland Unemployment Insurance Law.

The preliminary audit findings shall become final; and

The employer shall be sent a notice of determination advising the employer that the employer may file an appeal with the Board of Appeals in accordance with procedure and time periods set forth in the Maryland Unemployment Insurance Law.

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.

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.

An appeal from a claims examiner’s determination shall be filed within 15 calendar days after the determination is mailed or otherwise sent to the last known address of the party.

An appeal from a review determination shall be filed within 30 calendar days after the review determination is mailed or otherwise sent to the last known address of the party.

An appeal is considered filed on the earliest of the following dates:

The period for filing an appeal from the claims examiner's determination or an appeal of a review determination may be extended by the Hearing Examiner for good cause shown.

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.

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.

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.

For notice purposes, the representation of parties by attorneys or authorized representatives is effective on the date an appearance is entered in the case, or the date the appearance is noted in the appeal file, whichever is earlier.

An interested party may appear without representation in any proceeding before a Hearing Examiner.

A party may be represented by an attorney admitted to practice by the Maryland Court of Appeals or by an authorized representative. Attorneys admitted to practice before the courts of any other state or territory of the United States may represent a party subject to the rules of the Maryland Court of Appeals.

A claimant may also be represented by an authorized representative other than an attorney, but the representative may not charge or accept payment for the representation.

An employer may appear for itself, or be represented by any other authorized representative.

The Chief Hearing Examiner may prohibit an individual from representing others in a hearing if the Chief Hearing Examiner finds, after a special hearing convened for that purpose, that the individual has committed unethical conduct in relation to unemployment insurance claims or appeals.

An attorney representing a claimant in any proceeding before a Hearing Examiner may not charge a fee in excess of 200 percent of the claimant’s weekly benefit amount per case without the approval of the Chief Hearing Examiner.

Requests for approval of fees greater than 200 percent of the claimant’s weekly benefit amount shall be accompanied by an itemized account of services rendered in the case. A request for the excess fee shall be submitted within 30 calendar days of the date of the issuance of the decision. The Chief Hearing Examiner shall have authority to approve a fee higher than the maximum allowed under §H(1) of this regulation based upon the complexity of the case and the reasonableness of the fee. The fee shall be reviewable by the Board of Appeals upon written protest of either the claimant or the attorney.

The fee amounts set out in §H(1) and (2) of this regulation may be awarded for each level of appeal.

Although the maximum fee allowed is governed by these regulations, payment of the fee allowed is a private matter left solely to the claimant and the claimant’s attorney.

If a party or witness is hearing-impaired or mute, and because of this impediment cannot readily understand or communicate the spoken language, or if the party or witness is unable to communicate in the English language, the party or witness may apply to the Chief Hearing Examiner for the appointment of a qualified interpreter to assist that person.

Upon application of the party or witness, the Chief Hearing Examiner shall appoint a qualified interpreter to assist that person. The Chief Hearing Examiner may also appoint an interpreter on his or her own motion.

In selecting a qualified interpreter for appointment, the Chief Hearing Examiner may consult any directory of interpreters maintained by any court in this State.

An interpreter, appointed pursuant to this section, shall be allowed reasonable compensation subject to approval of the Chief Hearing Examiner.

Rules of Evidence. The hearings shall be conducted informally in a manner to ascertain the substantial rights of the parties. The Hearing Examiner is not bound by common law or statutory rules as to the admissibility of evidence or by technical rules of procedures. Witnesses shall testify under oath or affirmation.

Electronically Stored Records. A party who seeks to enter into evidence videotapes, audiotapes, or other electronically stored records shall produce at the hearing the equipment necessary to allow review of the contents of the records. The party offering the records shall have the continuing obligation to produce the equipment necessary to review the records if further administrative proceedings occur. If the party offering the records fails to produce the equipment necessary to review the records, the Hearing Examiner may exclude the records from consideration.

Agency Record. For purposes of an appeal from a claims examiner's determination, the official Agency record shall consist of the appeal letter and envelope or other evidence showing its manner of submission, and the Agency Fact Finding Report. For purposes of an appeal from a review determination, the official Agency record shall consist of the appeal letter and envelope or other evidence showing its manner of submission, and the review determination under review. Upon request of a party to an appeal for information from other records of the Department, the Hearing Examiner shall forward the request to the Secretary so that information that may be relevant and pertinent and that is not by definition a part of the Agency record, may be furnished by the Secretary. Upon request, any party shall be furnished with any information contained in the official Agency record, or other Agency documents in the custody of the Secretary that may be pertinent or material to the case. Requests for this information shall be made at least 3 business days before the hearing and shall state, as nearly as possible, the nature of the information desired. Requests made after this time will be granted only at the discretion of the scheduling authority. The records of the Maryland Department of Labor shall be deemed self-authenticating for purposes of admission under the Rules of Evidence. The Hearing Examiner shall admit the Agency record, including the Agency Fact-Finding Report, into evidence at the hearing, without the need for an Agency representative to appear at the hearing to authenticate or introduce it. The Hearing Examiner shall consider the Agency record when making a final decision, giving weight to the Agency Fact-Finding Report that the Hearing Examiner deems appropriate.

Evidence of Medical Condition. In any case where the medical condition of a party is at issue, the Hearing Examiner, for good cause shown, may grant a party up to 10 calendar days after the hearing to submit written medical documentation.

The Hearing Examiner may issue subpoenas, to be served by first-class mail, or by any individual who is not a party and who is at least 18 years of age, to compel the attendance of witnesses and the production of books, papers, correspondence, and other records deemed necessary as evidence in writing.

The scheduling authority may deny requests for subpoenas that request irrelevant information, or are frivolous or unreasonably burdensome to the other party. A request for a subpoena may not be denied without substantial cause.

Requests for subpoenas shall:

A request to reopen a dismissed case shall be in writing and a copy shall be sent to the opposing party. Failure to notify the opposing party does not affect the timeliness of the request.

A request to reopen a case may be granted for the following reasons:

Misreading of a properly prepared hearing notice as to the date, time, and place of the hearing is not good cause for reopening a dismissed case.

A request to reopen a case dismissed by a Hearing Examiner shall be delivered or postmarked within 7 business days after the date the dismissal was mailed to the last known address of the requesting party. The Chief Hearing Examiner may:

Documentation submitted in support of a request to reopen a case shall become part of the record of that case.

A further hearing granted to determine if there is good cause for reopening a case may be consolidated with a further hearing on the merits unless, in the judgment of the Chief Hearing Examiner, this consolidation would result in substantial inconvenience for either party.

A decision by the Chief Hearing Examiner that there is not good cause to reopen a dismissed appeal is appealable to the Board of Appeals.

A decision by the Chief Hearing Examiner that there is good cause to reopen a dismissed case is appealable to the Board of Appeals only at the time that a decision on the merits is also reached.

A Hearing Examiner may not participate in a hearing in which the Hearing Examiner or a family member has a personal financial interest. The challenge to the interest of a Hearing Examiner shall be decided by the Chief Hearing Examiner. The challenge to the interest of the Chief Hearing Examiner, when the Chief Hearing Examiner is hearing a case, shall be decided by the Board of Appeals.

A decisions by the Chief Hearing Examiner as to a conflict of interest of a Hearing Examiner, and a challenge to the interest of the Chief Hearing Examiner may be appealed to the Board of Appeals but only at the time that a decision on the merits is also reached.

A request for the postponement of a case shall be in writing, addressed to the Chief Hearing Examiner, and submitted to the Lower Appeals Division by mail, fax, or hand delivery. A copy of the request shall be simultaneously mailed to the opposing party in the case.

Subject to the requirements of §R(5) of this regulation, a request for postponement shall be considered only if the request is received by the Chief Hearing Examiner at least 3 business days before the hearing.

The Chief Hearing Examiner may postpone a hearing for good cause shown. The repeated inability of a party's attorney or authorized representative to appear on account of a conflicting court date shall not constitute good cause.

The Chief Hearing Examiner may require documentary proof of the reason for the postponement. This documentation must be received by the Chief Hearing Examiner at least 3 business days before the date of the originally scheduled hearing.

A request for a postponement that is not received by the Chief Hearing Examiner at least 3 business days before the hearing may be granted for good cause if:

Upon written request, a witness not employed by the Maryland Department of Labor, who is subpoenaed for a hearing before a Hearing Examiner, shall be entitled to receive an attendance fee in the amount of $25 in a case when the witness is summoned to appear in the county where the witness lives or does business, or $50 in other cases.

Fees allowed in accordance with §S(1) of this regulation for witnesses subpoenaed shall be paid by the Lower Appeals Division.

Testimony before a Hearing Examiner may be taken by telephone.

A party not wishing to present testimony and evidence by telephone has a right to appear at the hearing and present evidence in person at the location from which the telephone hearing is being generated.

In all telephone hearings, documentary evidence which a party intends to offer shall be mailed, or sent via electronic means in a format approved by the Chief Hearing Examiner if the parties have opted to receive notice by electronic means, to the Hearing Examiner and all other parties before the hearing. The Hearing Examiner may refuse to consider evidence that is not timely sent to or received by the Hearing Examiner and all parties before the hearing. Before the acceptance of any evidence, the Hearing Examiner shall allow the opposing party to cross-examine the submitting party or witness concerning the nature and authenticity of the proffered evidence. A party shall be afforded all rights at a telephone hearing to which the party would be entitled at a regular hearing, subject only to the limitations of the physical arrangement.

In the case of a telephone hearing, the failure to answer the telephone, the failure to have a telephone available for the hearing, or the failure to be ready to proceed with the hearing shall be considered as a failure to appear at the hearing if these conditions exist for more than 10 minutes after the scheduled time for the hearing.

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;

Independently verify information received from a computer cross-match with a federal database or other automatic processes or matches;

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

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.

The Secretary’s designee shall deliver notice to the claimant in accordance with the claimant’s preferred method of communication; and

The notice described in this regulation shall contain the following information:

Be present, by telephone or in person, as required by the Secretary;

Be represented by an attorney or other representative of the party’s choosing;

Present and rebut evidence and argument relating to the issues;

Cross-examine any person who participates in person or by telephone at the proceeding and testifies or provides information relating to the issues; and

Be given the opportunity to examine all evidence relating to any issue that is before the Secretary and all evidence upon which the Secretary may rely in reaching a determination.

Contain all information required by Labor and Employment Article, §8-809(c)(1), Annotated Code of Maryland;

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

Provide information on the procedures to request an overpayment waiver.