12- 172 C.M.R. ch. 11, § 1

Current through 2024-51, December 18, 2024
Section 172-11-1 - DEFINITIONS
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.

12- 172 C.M.R. ch. 11, § 1