[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: 20CFR320.6]

[Page 524]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 
 
Sec. 320.6  Adjudicating office.

    (a) The term ``adjudicating office'' means any subordinate office of 
the Board which is authorized to make initial determinations and 
reconsideration decisions with respect to claims for benefits. The 
following paragraphs state which offices of the Board are adjudicating 
offices and define their authority to make determinations or decisions.
    (b) Field offices. Field offices are authorized to make initial 
determinations on the following issues relating to eligibility for 
unemployment or sickness benefits, as the case may be:
    (1) Availability for work;
    (2) Voluntary leaving of work, with or without good cause;
    (3) Failure to accept work or apply for work or failure to report to 
an employment office;
    (4) Timely registration for unemployment benefits under Sec. 325.2 
of this chapter and timely filing of claims for sickness benefits under 
Sec. 335.4(c) of this chapter;
    (5) Receipt of remuneration for claimed days of unemployment or 
sickness, as the case may be;
    (6) Mileage or work restrictions and stand-by or lay-over rules;
    (7) Whether the claimant's unemployment is due to a strike.
    (8) Whether a claimant's earnings attributable to days in a period 
for which he or she has registered for unemployment benefits exceed the 
amount of the applicable monthly compensation base.
    (c) Regional offices. Board regional offices are authorized to make 
determinations on any of the issues listed in paragraph (b) of this 
section. In addition, regional offices are authorized to make initial 
determinations on the following issues:
    (1) Erroneous payment of benefits, including fraud;
    (2) Applicability of the disqualification in section 4(a-2)(iii) of 
the Railroad Unemployment Insurance Act if the claimant's unemployment 
results from a strike against a non-railroad employer by which he is 
employed;
    (3) Determination of the amount of the Board's claim for 
reimbursement from pay for time lost payments under section 2(f) of the 
Railroad Unemployment Insurance Act or damages for personal injury under 
section 12(o) of the Railroad Unemployment Insurance Act.
    (d) Director of Operations. The Director of Operations is authorized 
to make determinations on all issues of eligibility for unemployment and 
sickness benefits as set forth in paragraphs (b) and (c) of this 
section, and on any other issue not reserved to the Director of Policy 
and Systems by paragraph (e) of this section.
    (e) Director of Policy and Systems. The Director of Policy and 
Systems shall adjudicate:
    (1) The applicability of the disqualification in section 4(a-2)(iii) 
of the Railroad Unemployment Insurance Act if the claimant's 
unemployment results from a strike against a railroad employer by which 
he or she is employed; and
    (2) Whether a plan submitted by an employer or other person or 
company qualifies as a nongovernmental plan for unemployment or sickness 
insurance, within the meaning of part 323 of this chapter.
    (f) Debt Recovery Manager. The Debt Recovery Manager shall 
adjudicate:
    (1) All requests for waiver of recovery of an erroneous payment made 
under the Railroad Unemployment Insurance Act; and
    (2) Offers of compromise of debts arising out of the benefit 
provisions of the Railroad Unemployment Insurance Act.

[53 FR 2486, Jan. 28, 1988, as amended at 60 FR 28534, June 1, 1995; 67 
FR 77156, Dec. 17, 2002]