272                              Laws of Maryland                        [Ch. 64

If the successor is not an employer at the time of the transfer,
and simultaneously acquires the businesses of two or more employers
with different rates of contributions, his rate from the date the trans-
fer occurred through the next June 30 shall be a recomputed rate
based on the combined experience of his predecessor as of the regular
computation date for the fiscal year in which the transfer occurred.

In all cases, from and after July 1 following the transfer, the
successor's rate of contribution for each fiscal year shall be based on
his experience with payrolls and benefits combined with the experi-
ence of his predecessor or predecessors, as of the regular computa-
tion date for that fiscal year. A successor employer shall be deemed
to have met the requirements of subsection (c) (3) of this section if
he or any one of his predecessors has had the experience with benefit
charges and payrolls which is required by subsection (c) (3).

No successor employer shall qualify for the reduced rate of con-
tributions from the date of transfer by virtue of that transfer unless
he shall report the transfer and apply for a reduced rate to the
Executive Director within 120 days of the date of the transfer in a
manner and form to be prescribed by the Executive Director. In the
event the transfer is not reported within this time, the earned rate
shall be assigned to the successor as of the first day of the first
quarter after the transfer is actually reported. Nothing in this section
shall be construed as preventing the Executive Director, where a
transfer has occurred as described above, resulting in a higher
rate of contribution to the successor employer from combining the
experience-rating record of the two employing units and for pur-
poses of rate determination transferring to the successor employer
the payroll record and benefit charges of the predecessor at any time.

(7)    An employer who transfers all or part of his operations from
another state to this State and has had, in that other state, for a
period of not less than three (3) years immediately preceding the
transfer, the experience with benefit charges and payrolls which is
required by subsection (c) (3) shall be deemed to have met the
requirements of that subsection for variance from the standard rate,
provided the employer shall make application to the Executive
Director for that treatment effective upon the transfer. The applica-
tion shall include such information as will enable the Executive
Director to establish an employer's benefit ratio for that employer
in the manner prescribed by subsection (c) (4) as if the benefit
charges and payrolls in another state had been paid in this State. The
application shall also be verified in whatever manner as is satis-
factory to the Executive Director.

(8)    In the event that it is determined by the Executive Director
that an individual has received benefits which are recoverable by the
Executive Director under the terms of Section 17 (d) or 17 (e) of
this article, the benefits so received shall not, for the purposes of the
experience-rating provisions of this subsection, be charged against
the account of any employer in any computation made for any fiscal
year commencing after the date of said determination by the Execu-
tive Director, provided no benefit charges shall be removed from the
employer's account if the payment of such benefits was made as a
direct or indirect result of the employer's failure to provide informa-
tion to the Executive Director as required by this article or the regu-
lations promulgated pursuant thereto.