(1) Administrative appeals from determinations of liability.(a) Whenever the DUA Director issues a determination that an employer is liable for the EMAC Supplement or regarding the amount of such liability, the employer may request a hearing on such determination. The request for a hearing shall be filed not more than ten days after the employer's receipt of notice of the determination. This ten day filing period may be extended by the DUA Director, for good cause shown, as set forth in 430 CMR 21.06(2). The conduct of such hearing shall be in accordance with the procedures prescribed by M.G.L. c. 151A, § 39(b). The DUA Director will issue a written decision affirming, modifying, or revoking the initial determination.(b) When a notice of a determination by the DUA Director is transmitted by means of an electronic communication, it shall be presumed received on the date it is sent, except that any notice transmitted after 5:00 P.M. or on a state or federal holiday, Saturday, or Sunday, shall be presumed received on the next business day. When notice of a determination is sent by regular mail, it shall be presumed received three days after it is mailed, except that if the third day falls on a state or federal holiday, Saturday, or Sunday, the notice shall be presumed received on the next business day. However, when the notice is transmitted, the presumption may be rebutted by substantial and credible evidence satisfactory to the DUA Director that the notice actually was received on an earlier or later date.(c) A request shall be deemed filed on the postmark date if sent by regular mail and otherwise when actually received by DUA. A request received after 5:00 P.M. shall be deemed filed on the next business day.(2) The DUA Director may extend the ten day filing period where an employer establishes to the satisfaction of the DUA Director that circumstances beyond the employer's control prevented the filing of a request for a hearing within the prescribed ten day filing period.(a) The DUA Director shall not find good cause if an employer fails to request a hearing within 30 calendar days after the receipt of the determination.(b) The 30 day limitation on filing a request for a hearing shall not apply where the employer establishes: 1. That a DUA employee directly discouraged the employer from timely requesting a hearing and such discouragement results in the party believing that a hearing is futile or that no further steps are necessary to file a request for a hearing;2. That it received the DUA Director's determination beyond the 30 day extended filing period and thereafter promptly filed a request for a hearing;3. That it did not receive the DUA Director's determination but promptly filed a request for a hearing after learning a determination was issued(3) A party aggrieved by the DUA Director's decision, issued following the hearing described in 430 CMR 21.06(1), may appeal the decision to the superior court for the county: (a) where the party resides or has its principal place of business within the Commonwealth;(b) where DUA has its principal office; or(c) of Suffolk. Such an action must be commenced within 30 days of the date such decision is received by the party.
Adopted by Mass Register Issue 1360, eff. 3/9/2018.