Section 597-1-12 - DETERMINATION/REDETERMINATION PROCESS1. An individual's official eligibility determination to participate in the TAA program is initiated by completing a "Request for Determination of Initial Entitlement to TAA/TRA." Upon completion of the Request for Determination, the individual shall also be advised of the services available through the TAA program, including supportive services, transportation allowances, subsistence payments, job search allowances and relocation allowances.2. The completed form is submitted to the TRA Coordinator at the Bureau of Unemployment Compensation, who verifies employment information with the worker's employer to determine if the individual meets the necessary separation criteria and then determines the program and monetary eligibility. A. Assistance shall be provided for the completion of all TAA Program related forms. In most instances, group sessions will be held to assist individuals with completing the forms.B. Once completed, the forms shall be forwarded to the TRA Coordinator. A determination of the Request for Determination of Initial Entitlement to TAA/TRA shall be made within 10 working days from the receipt date or separation date, whichever is later.C. Once a determination is made, the TRA Coordinator shall mail to the individual a copy of his/her TAA and TRA approval or denial. Appeal rights in cases of denials shall be clearly designated on the determination forms sent to the individual.3. An individual who has been laid off or who is an adversely affected incumbent worker covered by a TAA petition filed on or after May 18, 2009, seeking to participate in the TAA program must meet specific eligibility criteria as follows:A. There must have been a layoff or threat of total or partial separation from the firm for lack of work initiated by the employer and expected to be a definite or indefinite period of not less than seven (7) consecutive days;B. The separation must have occurred or be expected to occur on or after the impact date stipulated in the certification;C. The separation must occur or be expected to occur before the expiration or termination date of the petition, whichever is stipulated in the certification.D. The individual is identified as a member of the group of workers approved under the certification.4. The CareerCenter Case Manager shall notify the individual in writing of any decision as to entitlements for the Trade Adjustment Assistance (TAA) program, including, but not limited to, decisions with respect to eligibility for services, subsistence, transportation, re-employment services and allowances. Each decision shall inform the individual of the reason for the decision and of the right of appeal under the applicable Maine law. The individual shall have 15 days from the date of the decision to file a written appeal with the BES CareerCenter Manager. If no appeal is filed, the decision shall become final agency action.5. If the individual appeals a decision, the BES CareerCenter Manager shall forward the notice of appeal and all other documentation regarding the decision to the TAA Coordinator at BES. The TAA Coordinator shall review the documentation and investigate the findings contained in the decision. The TAA Coordinator shall have the authority to reverse, modify or take other appropriate action regarding the decision. If the TAA Coordinator determines, after investigation, to take no action, he/she shall immediately provide the notice of appeal, along with all appropriate documentation to a BES representative, who shall track the request for appeal and forward all documentation to the Division of Administrative Hearings.6. The individual and all parties shall be notified in writing of the date and time of hearing, which may be conducted by telephone. A hearing shall be conducted before an Administrative Hearing Officer, who shall render a written decision.7. If a party is dissatisfied with the decision of the Administrative Hearing Officer, he/she shall have the right to appeal in writing within 15 days to the Unemployment Insurance Commission. If a hearing is held, the parties shall be notified in writing of the date and time of such hearing, which may be conducted by telephone. The parties shall receive written notice of the Commission's decision.8. If a party is dissatisfied with the decision of the Commission, he/she may request the Commission to reconsider its decision, but only if such request for reconsideration is filed in writing within 10 days of receipt of the original Commission decision. Unless an interested party appears at the hearing before the Division of Administrative Hearings or at the Commission hearing, if one was held, he or she may not request reconsideration of the Commission decision, unless such nonappearance was for good cause as determined by the Commission.9. When the period during which an appeal may be filed under this Chapter ends on a Saturday, Sunday or holiday, the appeal period shall end on the next day which is not a Saturday, Sunday or holiday if the appeal is filed by delivery and is received in-hand by the agency. If the appeal if filed by mailing, however, the appeal period will not be extended, and the appeal must be postmarked within the statutory appeal period, unless the appeal period falls on a Sunday or a holiday, in which case the appeal period will be extended until the next day which is not a Sunday or holiday.10. Any decision of the Commission becomes final 10 days after receipt of written notification and any person aggrieved by the decision may appeal by commencing an action pursuant to the Maine Administrative Procedure Act.12- 597 C.M.R. ch. 1, § 12