Code of Maine Rules
12 - DEPARTMENT OF LABOR
172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION
Chapter 11 - DEPUTY DETERMINATIONS
Section 172-11-1 - DEFINITIONS
Universal Citation: 12 ME Code Rules ยง 172-11-1
Current through 2024-13, March 27, 2024
A. For the purposes of determinations made under subsection 2 of Section 1194 of the Employment Security Law, the following words and phrases shall have the following meanings:
1. A "nonmonetary determination" is a
decision which is made by a deputy which affects the past, present or future
benefit rights of a claimant, except a "Notice of Potential Benefit Charge" or
the determination of the claimant's weekly benefit amount and maximum
benefit amount.
2. "During the
period a claimant is receiving benefits" means a period during which a claimant
files a series of consecutive claims beginning with a claim for which the
claimant has received a waiting period credit or has been paid a benefit
payment and during which he or she continues to be paid.
3. An "issue" is a question involving a
claimant which may affect his or her past, present or future benefit
rights.
4. A "separation issue" is
an issue which relates to the reason that a claimant is no longer
employed.
5. A "nonseparation
issue" is an issue which is not related to a reason that a claimant is no
longer employed.
6. "New
information" means information, either in whole or in part, that was not
previously known to the deputy.
7.
A "new issue" is an issue which was not previously raised with the deputy and
involves a potential denial of or disqualification for benefits under the
Employment Security Law.
8. A
"monetary determination" is a decision made by a deputy which determines the
claimant's weekly benefit amount and/or maximum benefit amount based on wages
earned in the claimant's base period.
9. For purposes of making charges under 26
M.R.S.A. Section1221(3)(C), "most recent subject employer" includes the
separating employer or an employer which has caused a claimant's partial
unemployment. Therefore, when an unemployed individual is employed by an
employer on a part-time or on-call basis, any partial benefits paid to the
claimant shall not be charged to the experience rating record of the part-time
employer unless it is determined that the part-time employer has contributed to
or been a causative factor in the claimant's level of unemployment, and as long
as such employer continues to provide the level of work agreed upon in the
hiring arrangement. Benefits paid to eligible claimants who are working under
such employer arrangements shall be charged to the experience rating record of
a prior otherwise chargeable employer or to the General Fund in accordance with
Section 1221(3)(A). This rule shall not be construed to prevent charges to
employers who have entered into arrangements involving a substantial variation
in hours worked by an individual.
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