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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 17 - L.D. 13
An Act to Define "Mail" in the Employment Security Law to Include
Electronic Notification and to Extend the Appeal Times for Claimants
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1043, sub-§31 is enacted to read:
31. Mail.
electronic mail.
Sec. 2. 26 MRSA §1052 is enacted to read:
§1052. Method of mail for required notices
The bureau may not send a notice to an individual as required under this chapter
exclusively by electronic mail without first allowing the individual the opportunity to elect
to receive that notice exclusively by electronic mail.
Sec. 3. 26 MRSA §1194, sub-§2, as amended by PL 2021, c. 456, §24, is further
amended by amending the 3rd blocked paragraph to read:
The deputy shall promptly notify the claimant and any other interested party of the
determinations and reasons for the determinations. Subject to subsection 11, unless the
claimant or any such interested party, within 15 30 calendar days after that notification was
mailed to the claimant's last known address, files an appeal from that determination, that
determination is final, except that the period within which an appeal may be filed may be
extended, for a period not to exceed an additional 15 30 calendar days, for good cause
shown. If new evidence or pertinent facts that would alter that determination become
known to the deputy prior to the date that determination becomes final, a redetermination
is authorized, but that redetermination must be mailed before the original determination
becomes final.
Sec. 4. 26 MRSA §1194, sub-§2, as amended by PL 2021, c. 456, §24, is further
amended by amending the 6th blocked paragraph to read:
If, during the period a claimant is receiving benefits, new information or a new issue arises
concerning the claimant's eligibility for benefits or which affects the claimant's weekly
benefit amount, benefits may not be withheld until a determination is made on the issue.
APPROVED
MAY 8, 2023
BY GOVERNOR
CHAPTER
53
PUBLIC LAW Page 2 - 131LR0125(03)
Before a determination is made, written notice must be mailed to the claimant and other
interested parties, which must include the issue to be decided, the law upon which it is
based, any factual allegations known to the bureau, the right to a fact-finding interview, the
date and location of the scheduled interview and the conduct of the interview and appeal.
The Any fact-finding interview must be scheduled not less than 5 7 calendar days nor more
than 14 calendar days after the notice is mailed. The bureau shall include in the notice a
statement notifying the claimant that any benefits paid prior to the determination may be
an overpayment under applicable law and recoverable by the bureau if it is later determined
that the claimant was not entitled to the benefits. If the claimant does not appear for the
scheduled interview, the deputy shall make a determination on the basis of available
evidence. The deputy shall make a prompt determination of the issue based solely on any
written statements of interested parties filed with the bureau before the interview, together
with the evidence presented by interested parties who personally participated in the
interview by telephone or e-mail or other electronic means. Upon request and notice to all
parties at the interview, the deputy may accept corroborative documentary evidence after
the interview. In no other case may the deputy base a decision on evidence received after
the interview has been held.