Maryland Administrative Code

.09 Combining Wage Credits. A. Claimants desiring to do so will be permitted to elect to combine wages under the terms of any plan for combining wage credits, of which Maryland is a cooperating member. B. All claims filed under the basic plan for combining wages shall be filed in…

.01 Appeals and Petitions for Review from Lower Appeals to the Board of Appeals. A. Manner of Filing. (1) An appeal from a hearing examiner’s decision, or a petition for review to request a discretionary appeal of a hearing examiner’s decision under Labor and Employment Article, …

.02 Hearings. A. Scheduling Authority. The scheduling authority in the case of an appeal or a petition for review pending before the Board of Appeals is the Board of Appeals or its designee. B. Notice of Hearing. (1) The Board of Appeals shall give interested parties at least 15 …

.03 Withdrawal of Decision by the Board of Appeals. A. At any time within 10 calendar days of a decision pursuant to Labor and Employment Article, §8-806(h), Annotated Code of Maryland, the Board of Appeals may withdraw its decision by vote of a majority of its members. Notice sh…

.04 Remand to Hearing Examiner. A. The Board of Appeals may remand a case to a hearing examiner for purposes that it may direct. Cases remanded for a de novo or additional hearing shall be placed upon the calendar for prompt hearing. The hearing examiner to whom a case has been r…

.05 Precedent Decisions. Decisions of the Board of Appeals designated as precedent by the Board shall constitute legal precedent for decisions of the hearing examiners.

.06 Procedure for Hearings on Claims Under Labor and Employment Article, §8-1004, Annotated Code of Maryland. A. A claim involving the application of the provisions of Labor and Employment Article, §8-1004, Annotated Code of Maryland, that is referred to a special examiner by ord…

.07 Employer Appeals Arising Under Labor and Employment Article, §8-605(b), Annotated Code of Maryland. A. An employer aggrieved by a decision of the Lower Appeals Division appealable under Labor and Employment Article, §8-605(b), Annotated Code of Maryland, may file an appeal or…

.08 Judicial Review. Within 30 calendar days after the Board of Appeals mails or otherwise delivers its decision to a party, a party aggrieved by the decision may secure judicial review of the decision by appealing the decision in accordance with the provisions of Labor and Emplo…

.09 Records and Transcripts. A. All documents received from a party shall be retained either in paper form or by scanning the document electronically into an electronic case file. In cases where duplicate copies of documents are received by the Board of Appeals, only the first co…

.01 Purpose. The purpose of these regulations is to establish procedures and interpret the standards for waiver of recovery of overpayments of unemployment insurance benefits, and to establish procedures for appealing the correctness of the application of an overpayment, in accor…

.02 Scope and Applicability. These regulations apply to any claimant who has been found to have received an overpayment of unemployment insurance benefits and requested a waiver, unless the overpayment was determined to have resulted from fraud on the part of the claimant.

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Claimant” means any individual who has filed a claim for unemployment insurance benefits. (2) “Deliver” or “delivery” means the Department’s transmission of a communicatio…

.04 Recovery of Overpayments. The Department may recover overpayments by beginning civil actions or, in the discretion of the Secretary, overpayment may be offset against current or future payments of unemployment insurance benefits to which the overpaid claimant is entitled. If …

.05 Waiver of Recovery of Overpayments. A. Waiver of recovery of the overpayment will be approved when, in the judgment of the Secretary, the overpaid claimant: (1) Is without fault; and (2) Lacks the ability to pay now and in the foreseeable future, or is likely to be below the …

.06 Determination of Fault. A. “Fault”, as used in the phrase “without fault”, applies only to the fault of the overpaid claimant. Fault on the part of the Department in making the overpayment does not relieve the overpaid claimant of liability for repayment if the claimant's fau…

.07 Notice of Recovery and Right to Request Waiver. When the Secretary decides to recover an overpayment, the Secretary shall notify the overpaid claimant in writing. The notice shall include: A. The amount to be recovered; B. The weeks with respect to which the benefits were pai…

.08 Processing of Application for Waiver of Overpayment. A. After an application for waiver of overpayment is received, the local office representative shall determine the cause of the overpayment and forward the application to the Department's recoveries section. The recoveries …

.09 Interest on Overpayments. Interest on overpayments shall be calculated from the initial determination of the overpayment.

.01 Purpose. This chapter sets out the procedures for access to and inspection of unemployment insurance records related to the determination of a claim. The procedures described in this chapter are in addition to the procedures for obtaining access to and inspection of records u…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Claimant” means an individual who submits a claim for unemployment insurance benefits. (2) “Department” means the Maryland Department of Labor. (3) “Employer” means a pers…

.03 Applicability. This chapter applies only to requests made to an unemployment insurance office by a claimant or employer for the inspection or copying of unemployment insurance records related to the determination of a claim for unemployment insurance benefits.

.04 Procedures. A. A claimant or employer, or an authorized representative of a claimant or employer, may request to inspect or copy the unemployment insurance records related to the determination of the claimant's claim for benefits. The request may be directed to either the man…

.01 Evidence of a Knowing Violation. A. The Secretary may consider evidence under §B of this regulation that an employer knowingly failed to properly classify an employee. B. The evidence shall include the following: (1) Any previous violation of the Workplace Fraud Act or a viol…

.01 Purpose. This chapter sets out the Division of Unemployment Insurance's procedures for conducting an audit, the related requirements for employers, and procedures for agency level review prior to appeal.

.02 Definitions. For the purpose of this chapter, “audit” means a review of an employer's records to ensure compliance with the Maryland Unemployment Insurance Law and regulations.

.03 Audit Process. A. Assignment. (1) Upon receipt of an audit assignment, a field auditor shall send an audit notice letter to the employer advising that the employer is the subject of an audit by the field investigation and audit unit. (2) The letter shall: (a) State the author…

.04 Records. A. An auditor may request any records necessary from an employer including, but not limited to, those set forth in the Labor and Employment Article, §§8-306(b) and 8-625, Annotated Code of Maryland, and COMAR 09.32.01.06. Refusal or failure by an employer, or the emp…

.05 Appeal of Audit Findings. A. If an auditor determines that adjustments to an employer's account are warranted, the auditor shall issue preliminary audit findings. B. If the employer disagrees with the preliminary audit findings, the employer may request a review determination…

.01 Filing of Appeal. A. Manner of Filing. (1) An appeal from a claims examiner's determination or an appeal of a review determination shall be in writing and signed by the party appealing, or the party's attorney or authorized representative. The appeal may be filed by mail, by …

.02 Hearings Before the Hearing Examiner. A. Scheduling Authority. The scheduling authority in the case of an appeal pending before a Hearing Examiner is the Chief Hearing Examiner or the Chief Hearing Examiner’s designee. B. Notice of Hearing. (1) The interested parties shall be…

.03 Hearing Examiner Decision. A. After the hearing before the Hearing Examiner, the parties and the Secretary shall be notified of the decision of the Hearing Examiner and the reasons for it. B. The Hearing Examiner's decision shall include specific findings of fact on all relev…

.04 Review by the Board of Appeals. If the Hearing Examiner does not affirm the determination of the claims examiner or the review determination, the decision shall be accompanied by the notice of the right of appeal to the Board of Appeals. If the Hearing Examiner affirms the de…

.01 Purpose. The purpose of these regulations is to establish procedures for the initial determination of overpayments of unemployment insurance benefits, and to establish the appeal process of such determinations in accordance with Labor and Employment Article, §8-809(c), Annota…

.02 Scope and Applicability. These regulations apply to any claimant whom the Secretary or the Secretary’s designee has reason to believe may have received an overpayment of unemployment insurance benefits or has been determined to have received an overpayment of unemployment ins…

.03 Pre-Determination Investigations. A. Before determining that a claimant has been overpaid, the Secretary or the Secretary’s designee shall conduct a pre-determination investigation in accordance with Labor and Employment Article, Title 8, Annotated Code of Maryland, and other…

.04 Notice of Determination of Overpayment. A. If, after conducting the investigation under Regulation .03 of this chapter, the Secretary or the Secretary’s designee determines that the claimant was overpaid, the Secretary or the Secretary’s designee shall deliver notice to the c…

.05 Appeal Procedures. A. In the event a claimant challenges the finding of overpayment, or the amount of overpayment, the claimant may appeal the Department’s determination, provided, however, that any appeal exercised pursuant to the provisions of this chapter shall be limited …

.01 Purpose. These regulations set forth the policies and procedures for employers and applicants seeking to use the Maryland Job Service.

.02 Objective. Job Service shall operate a labor exchange system that has the capacity to: A. Assist job seekers in finding employment; B. Assist employers in filling jobs; C. Facilitate the match between job seekers and employers; D. Participate in a system for clearing labor am…

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Applicant” means an individual who applies for Job Service services. (2) “Complaint” means an allegation made or referred to Job Service of a violation of the federal Job …

.04 Compliance with Law. The Job Service shall be administered in accordance with the Wagner-Peyser Act, 29 U.S.C. §49, regulations adopted by the United States Employment Service, and the Labor and Employment Article, §8-803, Annotated Code of Maryland.

.05 Job Placement. A. Job Order. (1) An employer may place a job order with Job Service. A job order is a single request for referral of one or more applicants to fill one or more job openings in a single occupational classification. The job order shall provide sufficient informa…

.06 Determinations of Eligibility for Unemployment Insurance. A. Suitable Employment. (1) The work test necessary to determine whether suitable work is available to an unemployment insurance claimant shall be performed by either Job Service staff, or another employee of the Depar…

.07 Job Service Fees. A. Job Service may not charge a referral fee to individuals who seek employment. B. Job Service may not charge a fee to employers for placing job orders. C. Job Service may charge a fee to employers requesting special services such as interviewing, screening…

.08 Job Service Complaint System. A. Complaints. Both of the following types of complaints shall be made and processed in accordance with the Job Service Complaint System described in 20 CFR §§658.400—658.418: (1) Complaints that are made against an employer about the specific jo…

.09 Waiver. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with relevant State or federal law.