Subchapter 7: EMPLOYER'S CONTRIBUTIONS AND COVERAGE
§1226. Appeal of assessment
1.Appeal to the commission.
A. An employer may appeal determinations by the commissioner or the commissioner's designated representatives made under sections
1221, 1222 and 1225, or an assessment made under section 1225, to the commission by filing an appeal, in accordance with regulations
that the commission prescribes, within 30 days after notification is mailed to the employer's last known address as it appears
in the records of the bureau or, in the absence of such mailing, within 30 days after the notification is delivered. If the
employer fails to perfect this appeal, the assessment or determination is final as to law and fact. [1995, c. 657, §6 (AMD); 1995, c. 657, §10 (AFF).]
B. Upon appeal from such assessment or determination the commission shall, after affording the appellant and the commissioner's
designated representative a reasonable opportunity for a fair hearing, make finding of facts and render its decision, which
may affirm, modify or reverse the action of the designated representative. The conduct of the hearings shall be governed by
regulations of the commission consistent with Title 5, section 9051 et seq. The commission shall promptly notify the parties
to the proceeding of its finding of facts and its decision. The decision shall be subject to appeal pursuant to Title 5, section
11001 et seq. The commissioner shall have the right to appeal a final decision of the Maine Unemployment Insurance Commission
to the Superior Court. [1983, c. 351, §30 (AMD).]
[
1995, c. 657, §6 (AMD);
1995, c. 657, §10 (AFF)
.]
2.Appeal to Superior Court.
[
1977, c. 694, §481 (RP)
.]
3.Conclusiveness of determination. Any determination or decision duly made in proceedings under section 1082, subsection 14, or this subchapter, which has become
final, shall be binding in any proceedings relating to applications or requests for refunds or credit, insofar as such determination
or decision necessarily involves the issue of whether an employing unit constitutes an employer or whether services performed
for, or in connection with, the business of such employing unit constitute employment.
[
1975, c. 462, §9 (NEW)
.]
SECTION HISTORY
1975, c. 462, §9 (NEW).
1977, c. 460, §9 (AMD).
1977, c. 694, §§480-481 (AMD).
1979, c. 127, §164 (AMD).
1979, c. 579, §§38,39 (AMD).
1979, c. 651, §§39,40,47 (AMD).
1981, c. 286, §§5,6 (AMD).
1983, c. 351, §§29,30 (AMD).
1995, c. 657, §6 (AMD).
1995, c. 657, §10 (AFF).
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