Maryland Administrative Code

.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.

.01 Purpose. The Economic Stabilization Act regulations provide notice requirements and guidelines for employers faced with a major reduction in the workforce.

.02 Exemptions. This chapter does not apply to a reduction in operations as described in Labor and Employment Article, §11-302, Annotated Code of Maryland.

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Bulk claims” means deploying Maryland Division of Unemployment Insurance to the employer’s and employees’ place of business to assist the employees in filing unemployment …

.04 Notice. At least 60 calendar days prior to initiating a reduction in operations, an employer shall provide written notice as required by Labor and Employment Article, §11-305, Annotated Code of Maryland.

.05 Guidelines for Employers Anticipating a Permanent Reduction in Operations. A. Employers facing a reduction in shall use their best efforts to meet with employee representatives regarding concessions or alternatives, or both, in an effort to prevent closure and the reduction i…

.06 Assistance from the Maryland Department of Labor. A. The Maryland Department of Labor shall make the Rapid Response Program available to employers consisting of: (1) On-site unemployment insurance bulk claims registration; (2) Registration of federal trade readjustment servic…

.07 Mechanisms to Start Assistance Programs from the Maryland Department of Labor. A. .Employers may contact the Assistant Secretary for the Division of Workforce Development and Adult Learning. B. The Secretary shall: (1) Monitor layoffs to identify employers who are likely to e…

.08 Order Compelling Compliance. A. Issuance. (1) If, after investigation, the Secretary, or the Secretary’s designee, believes an employer has violated Labor and Employment Article, §11-305, Annotated Code of Maryland, or a regulation adopted pursuant to this Act, the Secretary …

.09 Penalties and Scope. A. This regulation applies to the assessment of civil penalties by the Secretary, or the Secretary’s designee, under Labor and Employment Article, §11-306, Annotated Code of Maryland, in all cases arising from a violation of Labor and Employment Article, …

.01 Purpose. The purpose of these regulations is to establish a program to provide employment and retraining assistance to displaced hospital employees who are unemployed or may become unemployed due to a hospital's change in status as more particularly described in Health-Genera…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Acquisition” has the meaning stated in Labor and Employment Article, §11-201(a)(2), Annotated Code of Maryland. (2) “Closure” has the meaning stated in Labor and Employmen…

.03 Eligibility for Services. A. An individual may be eligible for service through the Hospital Employees Retraining Program if the individual: (1) Is included in a hospital's listing of employees scheduled for layoff as required by §B of this regulation; (2) Either meets the eli…

.04 Services Provided. A. The Hospital Employees Retraining Program shall be administered in accordance with guidelines and policies, adopted by the Division. B. Availability of Services. (1) The provision of services under this chapter is subject to the continued availability of…

.05 Filing of Complaints. A. A hospital employee may file a complaint regarding a determination of eligibility or the provision of services under the Hospital Employees Retraining Program. B. Complaints may be filed in writing with the Assistant Secretary of the Division.

.06 Hospital Employees Retraining Fund. A. The Maryland Department of Labor shall establish a Hospital Employees Retraining Fund to pay for the costs of the Hospital Employees Retraining Program. B. Fund Revenues. (1) If a hospital closes, merges, or is fully delicensed and worke…

.01 Scope. A. This chapter governs the: (1) Registration of individuals who operate cemeteries and provide burial goods for either human or pet remains in the State; and (2) Application procedures for persons requiring a permit to operate a cemetery or provide burial goods for ei…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Balance sheet” means a statement of financial position which presents assets, liabilities, and stockholders' equity or fund balance, and distinguishes current assets and c…

.03 Exception from Permit and Registration Requirements. A. Except as provided in §§C and D of this regulation, a bona fide religious, nonprofit cemetery is exempt from the permit requirements in this chapter. B. Except as provided in §§C and D of this regulation, an owner, opera…

.04 Permit—Requirements for Initial Permit of Business. A. A corporation, limited liability company, or partnership shall receive a permit to operate a cemetery or to provide burial goods in this State if the corporation, limited liability company, or partnership meets the permit…

.05 Registration — Requirements for Initial Registration of Individuals Who Operate Cemeteries or Provide Burial Goods. A. An individual shall be registered by the Office if the individual meets the registration requirements of this regulation. B. An individual shall be registere…

.06 Business Application — Financial Stability. A. The following are the categories of cemeteries and burial goods businesses for purposes of determining financial stability: (1) A for-profit cemetery or a cemetery which sells burial goods making initial application; (2) A nonpro…

.07 Change of Information. The responsible party shall notify the Office of any change in the information provided in the application for a permit or registration either before or after the issuance of a permit or registration within 1 week from the date of a change.

.08 Setting of Fees. All fees shall be set by the Director. The fee schedule is set forth in COMAR 09.34.03.

.09 Renewal. A. A person who is registered or permitted with the Office may renew registration or a permit every 2 years beginning on a date specified by the Office in the following manner: (1) Complete the renewal application on a form supplied by the Director; (2) Pay the renew…

.10 Lapsed Registration. A person who has been registered or permitted by the Office and who has allowed the registration or permit to lapse for at least 6 months may apply for registration or a permit in the following manner: A. Complete an initial registration or permit applica…

.11 Hearings. A. Registration or Permit Denial. An applicant, registrant, or permit holder applying for an initial or renewal registration or permit may be denied approval subject to the hearing provisions of Business Regulation Article, §5-311, Annotated Code of Maryland, for an…