Sec. 1. 26 MRSA §1197, sub-§8-B, ¶B-1 is enacted to read:

B-1.__A person aggrieved by the decision of the hearing officer may appeal to the commission by filing an appeal in accordance with rules established by the commission as long as the appealing party participated in the hearing by that hearing officer and was given notice of the effect of the failure to participate in writing prior to the hearing.

Sec. 2. 26 MRSA §1197, sub-§8-B, ¶C, as enacted by PL 1997, c. 130, §2, is amended to read:

C. A person aggrieved by the decision of the hearing officer commission may appeal by commencing an action pursuant to Title 5, chapter 375, subchapter VII 7. The Commissioner of Labor must be made a defendant in any such appeal.

SUMMARY

Current law pertaining to the Maine Enterprise Option program only references the ability for someone to appeal eligibility decisions to the Department of Labor, Division of Administrative Hearings; no 2nd level of appeal is afforded, which is different from all other unemployment programs under Maine law. This bill permits the individual to file an appeal to the Maine Unemployment Insurance Commission if there is disagreement with a decision rendered by the Division of Administrative Hearings. This makes appeal rights under the Maine Enterprise Option program consistent with that afforded to all other unemployment insurance programs under the law.