12-172 C.M.R. ch. 5, § 6 - Processing Applications for Appeals

A. Determination by a Deputy. When an interested party expresses dissatisfaction with a determination which was made by a deputy, the deputy shall assist the party in filing an appeal. If, during the taking of the appeal, new evidence or pertinent facts that might alter the determination become known to the deputy, the deputy must review that new evidence or pertinent facts in order to determine if a redetermination, as authorized by the Employment Security Law at 26 M.R.S.A. Section1194(2), should be made. The deputy shall not encourage or discourage an interested party from filing an appeal.

B. Determination by the Division of Administrative Hearings. When an interested party expresses dissatisfaction to a deputy with a determination which was made by the Division of Administrative Hearings, the deputy shall assist the party in filing an appeal.

C. Form of Appeals

1. Appeals to the Division of Administrative Hearings. Appeals under all applicable sections of the Employment Security Law and these rules shall be made in writing or by electronic means. Electronic means shall include, but not be limited to, the telephone, electronic mail, and using the Internet. Such appeals may be filed on a form and using procedures prescribed by the Department.

2. Appeals to the Commission. Appeals to the commission under all applicable sections of the Employment Security Law and these rules shall be made in writing. Such appeals may be filed on a form prescribed by the commission or by any other written means.

D. Filing of Appeals under all sections of the Employment Security Law shall be as follows:

1. An appeal may be filed by delivering or faxing the notice of appeal to an office of the Maine Department of Labor, including but not limited to any office of the bureau and the Division of Administrative Hearings, or to the commission. The date on which the delivered appeal shall be considered to have been filed will be the day on which it is received. The date that the receiving fax machine's log indicates that the faxed appeal was received shall be considered the date of filing for faxed appeals. Other indicia of faxing, including but not limited to internal fax journals or logs, will not be considered valid evidence of when an appeal was filed. The office receiving the appeal shall date-stamp the appeal as filed on the date that it is delivered or faxed.

2. An appeal also may be filed by mailing the notice of appeal to an office of the Maine Department of Labor, including but not limited to any telephone claims center and the Division of Administrative Hearings, or to the commission. The date of filing for appeals submitted by mail shall be the date of mailing, which must be evidenced either by a valid U. S. Postal Service mark or a certified receipt of delivery to a U. S. Postal Service Office. Other indicia of mailing, including but not limited to internal postal or meter marks, will not be considered valid evidence of when an appeal was filed. The office receiving the appeal shall date-stamp the appeal on the date that it is received.

3. If an appeal is filed by mailing, and there is no U. S. Postal mark or certified receipt of delivery to a U. S. Post Office, the date that the appeal will be considered filed is the date that it is received in-hand by any office of the Maine Department of Labor or the commission.

4. An appeal from a determination which was made by a deputy and appeals from informal appeal determinations by the Maine Enterprise Option Review Board to the Division of Administrative Hearings ("Division") may be filed telephonically by calling the Division's office directly in Augusta, Maine, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except for state holidays. The appellant must speak to a Division staff person to file such an appeal. The staff person will request that the appellant supply the Deputy Decision number, the claimant's social security number, the benefit year end date, and such other information as the staff person may request. If the appellant fails to supply any of this information, a telephonic appeal may not be filed. Once a telephonic appeal has been completed the appellant will be given a unique verification number and will be instructed to retain that number as proof of filing the appeal. The Division will record the verification number along with the date and time of the appeal as part of that case. Any appeal not filed as required above shall not be considered to have been properly filed by telephone and must be filed by another permitted means to be valid.

Notes

12-172 C.M.R. ch. 5, § 6