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