[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR320.12]

[Page 527]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 
 
Sec. 320.12  Appeal to the Bureau of Hearings and Appeals.

    (a) Any party aggrieved by a decision under Sec. 320.10 of this 
part or a claimant aggrieved by a decision under Sec. 320.11 of this 
part may appeal such decision to the Bureau of Hearings and Appeals. 
Such an appeal shall be made by filing the form prescribed by the Board 
for such purpose. The appeal must be filed with the Bureau of Hearings 
and Appeals within 60 days from the date upon which notice of the 
decision on reconsideration or waiver of recovery was mailed to either a 
claimant or the base year employer(s). Any written request stating an 
intent to appeal which is received within the 60-day period will protect 
the claimant's or base-year employer's right to appeal, Provided that 
the claimant or base-year employer files the appeal form within the 
later of the 60-day period from the date of the reconsideration 
decision, or the 30-day period following the date of the Board's letter 
sending the appeal form to the claimant or base-year employer.
    (b) If no appeal is filed within the time limits specified in 
paragraph (a) of this section, the decision of the adjudicating office 
under Sec. Sec. 320.10 or 320.11 of this part shall be considered final 
and no further review of such decision shall be available unless the 
hearings officer finds that there was good cause for the failure to file 
a timely appeal as described in Sec. 320.10 of this part.
    (c) Where a timely appeal seeking waiver of recovery of an erroneous 
payment has been filed with the Bureau of Hearings and Appeals, the 
Board shall not commence recovery of the erroneous payment by suspension 
or reduction of a monthly benefit payable by the Board until a decision 
with respect to such appeal seeking waiver has been made and notice 
thereof has been mailed to the claimant.

[67 FR 77157, Dec. 17, 2002]