Section 172-6-1 - Seasonal industriesA. A "seasonal industry" shall mean an industry which has been determined to be seasonal by the commission or so designated under subsection 3 of section 1251 of the Employment Security Law. A-1 A "non-seasonal industry" shall mean an industry which the commission has determined not to be a seasonal industry or an industry for which no determination by the commission has been made.
B. Investigation of Industries Alleged to be Seasonal. The commission shall investigate the seasonal nature of any industry on its own initiative or upon receipt of a petition for a seasonal determination signed by at least 5 employers who claim to be members of the industry, or by a majority of the employers who claim to be members of the industry if there are fewer than 5 employers who claim to be members of that industry.C. Submission of Factual Data. Each member of the industry in question shall, upon request by the commission, submit such records and reports as the commission may deem necessary to indicate the seasonal or non-seasonal nature of his or her operations.D. Seasonal Determination of Seasonal Industries. 1. After each such investigation, the commission shall hold a hearing for the purpose of determining whether the industry is seasonal and if so, to determine the longest seasonal period or periods during which, by the best practice of the industry, operations are conducted.2. The commission shall publish notice of such hearing in such newspapers as required by law for state notices and shall also give notice to all interested parties insofar as the same are known to the commission.3. At the hearing, evidence shall be received from the staff of the bureau, from employers, and from workers or their representatives. Such evidence may be received by the commission even though inadmissible under the rules of evidence applicable to court procedure.4. After hearing, the commission shall make its determination, a certified copy of which shall be maintained in the office of the commission and the bureau. Each determination shall cover at least the following: a. The delimitation of the industry to which the determination is applicable.b. A list of employers included therein insofar as they are known to the commission and the bureau.c. The operations of the industry to which the determination applies.d. The beginning and ending dates of the period or periods of the operations to which the determination applies.5. If the industry is determined to be seasonal, the commission shall cause a notice of the determination to be published in such newspapers as required by law for state notices within 10 days after the determination is made and also shall cause an attested copy of the determination to be filed with the secretary of state. Employers in the industry known to be interested therein shall be given notice of such determination by mail.6. If the industry is determined to be non-seasonal in its operations, notice thereof shall be given to known interested parties.E. Reconsideration of Seasonal Determinations. 1. The commission, either on its own initiative or on receipt of a petition signed by at least 5 employers or employees, shall reconsider the seasonal nature or seasonal period or periods of the operations of an industry when there is alleged to be: a. An error in the prior determination; orb. Changed conditions in the industry; orc. New facts discovered since the prior determination.2. Procedure on reconsideration shall follow that required for an original determination.F. Special Reports by Employers in Seasonal Industries. Employers in seasonal industries shall make such reports with respect to employment as may be required by the bureau.G. Applicability of Seasonal Regulations. Determinations with respect to seasonal industries, the operations thereof, and the period or periods thereof shall apply to all employers in fact engaged in the respective industries whether or not so engaged as of the effective date of the determination.H. Multiple Seasonal Periods. If an employer conducts operations in a seasonal industry during 2 or more determined periods which overlap or are consecutively continuous without interruptions exceeding 14 days between them, such 2 or more periods shall be deemed to be 1 period as to such employer.I. Winter Operations. If an employer operates during a regularly recurring period which overlaps two successive calendar years, the period of operations at the start of a calendar year shall be added to the period of operations at the end at such calendar year in order to determine whether the operations are conducted for less than 26 weeks. Determinations made under this subsection that an employer is or is not seasonal shall apply to the employer's operations for the next succeeding calendar year.12- 172 C.M.R. ch. 6, § 1