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09.32.02 - Unemployment Insurance - Final Regulations

FRIDAY, APRIL 14, 2017


09.32.02 Claims for Benefits

Labor and Employment Article, §§8-101, 8-305, 8-805, and 8-1004, Annotated Code of Maryland

Notice of Final Action

On March 30, 2017, the Secretary of Labor, Licensing and Regulation adopted amendments to Regulation .04 under COMAR 09.32.02 Claims for Benefits. This action, which was proposed for adoption in 44:3 Md. R. 197 (February 3, 2017), has been adopted as proposed.

Effective Date: April 24, 2017.

Secretary of Labor, Licensing, and Regulation

.04 Reporting Requirements.
  A. Notification of Reporting Requirements. A claimant shall be notified in writing of the reporting requirements upon the filing of an initial or reopened claim and, if requested to do so, shall acknowledge the notification[ as instructed by the Secretary].
  B. Continued Claims.
    (1) (text unchanged)
    (2) The Secretary may instruct a claimant to file a continued claim by:
      (a) Telephoning the Department’s interactive voice response unit [following receipt by mail or electronic means of a telephone claim form covering the specified week or weeks;
      (b) First class mail using the paper claim form provided by the Secretary by mail or electronic means which covers the specified week or weeks]; or
      [(c)] (b) Electronic means [following receipt of a claim form by mail or electronic means which covers the specified week or weeks].
    (3) Continued claims shall be filed in the manner required by the Secretary not sooner than the Sunday immediately following the close of the week [or weeks] for which benefits are claimed and within the time allowed under §B(5) of this regulation. [If the claimant does not receive a claim notification within 1 week of the date on which the continued claim is required to be filed, the claimant shall contact the office immediately to report not receiving a claim notification.]
    (4) [A claim form ] If appropriate, an open week shall be [issued] created for the first week which includes the date on which the initial or reopened claim was filed. Following the first week, the claimant shall file a continued claim on a [biweekly] weekly basis. [The Secretary shall issue a subsequent] If appropriate, the next open week to be filed shall be made available to the claimant [biweekly claim form] upon the receipt of the preceding continued claim.
    (5) Timely Filing.
      (a) Continued claims shall be filed and received no later than 5 p.m. on the Friday following [within 14 days of] the week for which benefits are claimed in order to be timely[, if the claimant is currently filing continued claims]. Late [Continued] continued claims [filed more than 2 weeks late] shall be considered timely only if the Department’s error caused the claimant not to receive the claim forms or the claimant did not file a claim in reasonable reliance on an invalid agreement to waive, release, or commute the claimant’s rights to benefits as prohibited by the Unemployment Insurance Law.
      (b) (text unchanged)
      (c) A claimant who fails to file a timely continued claim shall file an initial or reopened claim by telephoning an office designated by the Secretary, by electronic means, or by reporting in person to an office designated by the Secretary [as instructed in Regulation .03C of this chapter] to reactivate the claim. [A continued claim filed] Any weeks requested after filing an untimely continued claim but before reactivating the claim shall be denied.
    [(6) Continued claims shall be complete and correct. An incomplete or incorrect continued claim received by the Secretary shall be returned to the claimant for completion or correction and is not considered received until such time as it is complete and correct.]
  C. Appointments.
    (1) The Secretary may [shall ]schedule an appointment for a claimant:
      (a) Whenever there is an indication that the claimant does not meet the requirements of the Unemployment Insurance Law or these regulations; and
      (b) Periodically to monitor the claimant’s continuing ability to work, availability for work, and to assist the claimant in the work search process.
    (2) — (5) (text unchanged)