1460

LAWS OF MARYLAND

[Ch. 300

SECTION 7 (1) OF THIS ARTICLE PRIOR TO FINAL
DETERMINATION OF A CLAIM SHALL NOT BE CHARGED TO EMPLOYER
EXPERIENCE-RATING RECORDS UNTIL SUCH FINAL DETERMINATION
HAS BEEN RENDERED AND THEREAFTER SHALL BE CHARGED AS
PROVIDED IN THIS SECTION OR RECOVERED AS PROVIDED IN
SECTION 17(D) OF THIS ARTICLE IN ACCORDANCE WITH THE
FINAL DETERMINATION OF THE CLAIM.]]

BENEFITS PAID TO A CLAIMANT UNDER A DETERMINATION OR
DECISION MADE PURSUANT TO THIS ARTICLE SHALL NOT BE
CHARGED AGAINST ANY EMPLOYER'S EXPERIENCE RATING ACCOUNT
IF AS A RESULT OF REVERSAL OR REDETERMINATION A
DISQUALIFICATION IS IMPOSED FOR A WEEK OR WEEKS FOR WHICH
SAID PAYMENTS WERE MADE.

(3) (i) If an employees experience—rating record
has been chargeable with benefits throughout the
36-consecutive—calendar—month period ending on the
computation date (as defined in paragraph (9) of this
subsection), and each of his annual payrolls, as defined
herein, during the three calendar years immediately
preceding the computation date for that fiscal year
equals or exceeds $200.00, the employer shall be assigned
an earned rate based upon his experience as provided
herein; except that any employer who has not been subject
to the provisions of this article for a period of time
sufficient to meet the 36—consecutive—calendar—month
requirement shall for each fiscal year have his rate
computed on the basis of his experience provided his
account has been chargeable with benefits throughout at
least the 12—consecutive—calendar—month period ending on
the computation date, and provided further that each of
his annual payrolls, as defined herein, during the two
calendar years immediately preceding the computation date
for that fiscal year equalled or exceeded $200.00.
Provided, that if an employer has met all the other
requirements of the law to qualify for an experience
rate, but does not have the required annual payrolls
because he failed to pay contributions due and payable,
on or before the computation date, his contribution rate
for the following fiscal year shall be his earned rate or
the standard rate, whichever is the greater, provided
further that if an employer has failed to file reports
due and/or has failed to pay all contributions due and
payable, as required by the provisions of this article
and the regulations adopted thereunder, as of the
beginning of any fiscal year, his contribution rate shall
be 4.2 percent beginning with the first day of that
fiscal year and thereafter until the first day of the
calendar quarter following the date on which he has filed
all reports due and has paid all contributions due, as
required by this article and the regulations promulgated
pursuant thereto, at which time he shall be granted his
earned contribution rate.