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09.32.01 - Division of Unemployment Insurance - Proposed Regulations

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 44, ISSUE 3,
FRIDAY, FEBRUARY 3, 2017

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 32 Unemployment Insurance

09.32.01 Obligations of Employers

Authority: Labor and Employment Article, §§8-101, 8-206, 8-305, 8-602, 8-625, 8-626, 8-1002.1, and 8-1005, Annotated Code of Maryland

Notice of Proposed Action
[17-075-P]

The Secretary of Labor, Licensing, and Regulation proposes to amend Regulations .05, .12, .15-1, and .16, and repeal existing Regulation .24 under COMAR 09.32.01 Obligations of Employers.

Statement of Purpose

The purpose of this action is to clarify that the Secretary shall remove or credit benefit charges, subject to limitations set forth in Labor and Employment Article, §8-620(f)(2), Annotated Code of Maryland, of a reimburser previously charged only if the Secretary has recovered the benefits under Labor and Employment Article, §8-809, Annotated Code of Maryland. This clarification conforms to the current Unemployment Insurance Law. In addition, another purpose of this action is to repeal obsolete language regarding magnetic media reporting for employment reports and clarify that employers may provide a report of work refusal via electronic means. The purpose of repealing COMAR 09.32.01.16(B) regarding interest on past due contributions and COMAR 09.32.01.24 regarding deletion of wages for aggravated misconduct is to delete outdated inaccurate provisions that do not conform to the Unemployment Insurance Law.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jared Murphy, Director, Unemployment Insurance Legal Services, Department of Labor, Licensing and Regulation, 1100 N. Eutaw St., Baltimore, MD 21201, or call 410-767-2409, or email to jared.murphy@maryland.gov, or fax to 410-333-7099. Comments will be accepted through March 6, 2017. A public hearing has not been scheduled.

.05 Charging of Benefit Payments.
  A. (text unchanged)
  B. Reimburser.
    (1)—(2) (text unchanged)
    (3) The Secretary shall remove or credit the charges, subject to the limitation provided under §8- 620(f)(2), of a reimburser that was previously charged only if the Secretary has recovered the benefits under §8-809.
  C.—E. (text unchanged)

.12 Employment Reports.
  A.—B. (text unchanged)
  [C. Magnetic Media Reporting.
    (1) Magnetic Media. Employing units reporting more than 100 employees shall file the information required on the employment report on magnetic tape or, if approved by the Secretary, on other magnetic media.
    (2) Format.
      (a) The magnetic media report shall conform to the format prescribed by the Secretary.
      (b) Employing units may obtain the prescribed format for magnetic media reporting by contacting the Department’s Office of Unemployment Insurance.
    (3) Waiver.
      (a) For not more than four consecutive reporting periods, employing units required to report on magnetic media may request, at least 30 days before the due date of the employment report, that the Secretary waive the requirement for that quarter.
      (b) The Secretary may waive the requirement, if the requirement would result in hardship to the employing unit. In determining whether a hardship would result, the Secretary shall consider, among relevant factors, the ability of the employing unit to report by magnetic media at a reasonable cost.
    (4) Alternative. The Secretary may approve a request of an employing unit required to report on magnetic media to report on computer diskette in a format acceptable to the Secretary.
    (5) Other Employing Units. The Secretary may approve a request of an employing unit not required to report by magnetic media to report on magnetic media or computer diskette.]

.15-1 Report of Work Refusal.
If an employer offers employment to an unemployed individual and the individual refuses the offer, the employer shall notify the Secretary in writing, by electronic transmission or other means, within 15 days after the refusal in order for the refusal to be considered in determining whether the individual is disqualified for benefits.

.16 Penalties and Interest Assessments.
    A. (text unchanged)
    [B. Interest on Past Due Contributions. An employing unit that fails to file a timely contribution report shall pay interest at the rate of 1 percent per month or fraction of a month until payment is received.]
    [C.] B.—[D.] C. (text unchanged)

KELLY M. SCHULZ
Secretary of Labor, Licensing, and Regulation