52 LAWS OF MARYLAND [CH. 23
employing unit making such payment may make application to the
Executive Director for an adjustment thereof in connection with
contribution payments then due, or for a refund [or credit of any
amount paid as contribution or interest under this article and the]
because such adjustment cannot be made. If the Executive Director
shall determine that such amount or any portion thereof was er-
roneously collected, the Executive Director [may at his discretion
either allow a credit therefor,] shall allow such employing unit to
make an adjustment thereof without interest [,] in connection with
[subsequent] contribution payments [, or] then due by such employ-
ing unit. If such adjustment cannot be made, the Executive Director
shall refund [,] said amount without interest [, the amount er-
roneously paid]. Contributions shall be refunded from the fund and
interest shall be refunded from the Special Administrative Expense
Fund. [All contributions, in excess of monies actually due, which
are made in error, shall be refunded by the Executive Director when
proper claim is made therefor.] No refund or [credit] adjustment
shall be allowed with respect to a payment as contributions or interest
unless an application therefor shall be made on or before whichever
of the following dates shall be the later: (1) One year from the date
on which such payment was made; or (2) three years from the last
day of the period with respect to which such payment was made
[.]; provided that with respect to applications for refund or adjust-
ment filed on or after January 1, 1964, in any case in which the
employing unit reported wages that have been included in the deter-
mination of an eligible claimant for benefits, any refund or adjust-
ment shall be reduced by the amount of benefits received by the
claimant chargeable to such employing unit. For [a] like cause, and
within the same period, [a refund] adjustments or refunds without
interest may be so made [, or a credit allowed,] on the initiative of
the Executive Director. Nothing in this article, or any part thereof,
shall be construed to authorize any refund or [credit] adjustment
of moneys due and payable under the law and regulations in effect
at the time such moneys were paid [.] or to deny any refund required
under Section 20(g)(7)(B).
When an adjustment or refund to any employing unit has been
approved, the experience rating record provided for in Section 8 shall
be corrected, but no contribution rate assigned to an employing unit
shall be changed as a result of such adjustment or refund unless the
application for the adjustment or refund is filed before the beginning
of the twelve (12) month period for which the rate is assigned.
In the event that any claim for refund or adjustment is rejected, a
written notice of rejection shall be forwarded to the [employer]
employing unit. Within ten days thereafter, [he, they, or it] the
employing unit may petition the Board of Appeals for a formal
hearing, setting forth the grounds upon which such refund or adjust-
ment is claimed. The Board of Appeals shall grant such hearing and
shall notify the petitioner of the time and place fixed for such hear-
ing. After such hearing, the Board of Appeals shall make such order
in the matter as may appear to it just and lawful, and shall furnish
a copy of such order to the petitioner.
Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1964.
Approved April 7, 1964.
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