LD 1970
pg. 6
Page 5 of 17 An Act to Address the Solvency of the Unemployment Compensation Fund Page 7 of 17
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LR 3037
Item 1

 
Sec. 8. 26 MRSA §1194, sub-§2, as amended by PL 1987, c. 641, §7, is
further amended to read:

 
2. Determination. A representative designated by the
commissioner, and in this chapter referred to as a deputy, shall
promptly examine the first claim filed by a claimant in each
benefit year and shall determine the weekly benefit amount and
maximum benefit amount potentially payable to the claimant during
that benefit year in accordance with section 1192, subsection 5.

 
The deputy shall promptly examine all subsequent claims filed
and, on the basis of facts, shall determine whether or not that
claim is valid with respect to sections 1192 and 1193, other than
section 1192, subsection 5, or shall refer that claim or any
question involved therein related to the claim to the Division of
Administrative Hearings or to the commission, which shall make a
determination with respect thereto in accordance with the
procedure described in subsection 3, except that in any case in
which the payment or denial of benefits will be subject to
section 1193, subsection 4, the deputy shall promptly transmit a
report with respect to that subsection to the Director of
Unemployment Compensation upon the basis of which the director
shall notify appropriate deputies as to the applicability of that
subsection.

 
The deputy shall determine in accordance with section 1221,
subsection 3, paragraph A, the proper employer's experience
rating record, if any, against which benefits of an eligible
individual shall are to be charged, if and when paid.

 
The deputy shall promptly notify the claimant and any other
interested party of the determinations and reasons therefor for
those determinations. Subject to subsection 11, unless the
claimant or any such interested party, within 15 calendar days
after that notification was mailed to his that person's last
known address, files an appeal from that determination, that
determination shall be is final, provided except that the period
within which an appeal may be filed may be extended, for a period
not to exceed an additional 15 calendar days, for good cause
shown. If new evidence or pertinent facts that would alter that
determination become known to the deputy prior to the date that
determination becomes final, a redetermination is authorized, but
that redetermination must be mailed before the original
determination becomes final.

 
If an employer's separation report for an employee is not
received by the office specified thereon on the report within 10
days after that report was requested, the claim shall must be
adjudicated on the basis of information at hand. If the
employer's separation report containing possible disqualifying


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