[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: 20CFR320.19]

[Page 527-528]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 
 
Sec. 320.19  Election to participate.

    (a) Claimant files an appeal. Where the claimant has filed an appeal 
under Sec. 320.12 of this part the hearings officer shall notify the 
claimant's base-year employer(s) that such an appeal has been filed and 
shall provide the base-year employer with a statement of issues on 
appeal. The hearings officer shall inform the base-year employer(s) that 
such employer(s) shall have a right to be present at any hearing which 
is to be held under this part and

[[Page 528]]

the right to submit evidence with respect to the issues on appeal. 
Within 30 days of the date of such notice a base-year employer shall 
provide the hearings officer with a statement in writing which 
summarizes the evidence which such employer intends to present with 
respect to the issues on appeal, which indicates whether the employer 
wishes to be present at any hearing which may be held, and which 
designates who will represent the employer with respect to the appeal. 
An employer who fails to respond in the time prescribed shall be barred 
from further participation in the appeal and shall forfeit any further 
right to review as provided for in this part.
    (b) Base-year employer files an appeal. Where a base-year employer 
files an appeal under Sec. 320.12 of this part, the hearings officer 
shall notify the claimant that such an appeal has been filed and shall 
provide the claimant with a statement of issues on appeal. The hearings 
officer shall inform the claimant that he or she or a duly authorized 
representative shall have a right to be present at any hearing which is 
to be held under this part and the right to submit evidence with respect 
to the issues on appeal. Within 30 days of the date of such notice the 
claimant shall file with the hearings officer an election to participate 
in the appeal. A claimant who fails to file an election in the time 
prescribed shall be barred from further participation in the appeal and 
shall forfeit any right of review as provided for in this part.

[56 FR 65680, Dec. 18, 1991]