[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: 20CFR260.9]



[Page 519-520]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 260_REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD

--Table of Contents

 

Sec.  260.9  Final appeal from a decision of the hearings officer.



    (a) General. Every appellant shall have a right to a final appeal to 

the Railroad Retirement Board from any decision of a hearings officer by 

which he or she claims to be aggrieved.

    (b) Appeal from decision of hearings officer. Final appeal from a 

decision of a hearings officer shall be made by the execution and filing 

of the final appeal form prescribed by the Board. Such appeal must be 

filed with the Board within 60 days from the date upon which notice of 

the decision of the hearings officer is mailed to the appellant at the 

last address furnished by him or her. Any written request stating an 

intent to appeal which is received within the 60-day period will protect 

the claimant's right to appeal, Provided that the claimant files the 

appeal form within the later of the 60-day period following the date of 

the hearing officer's decision, or the 30-day period following the date 

of the letter sending the form to the claimant.

    (c) Timely filing. The right to further review of a decision of a 

hearings officer shall be forfeited unless formal final appeal is filed 

in the manner and within the time prescribed in Sec.  260.9(b). However, 

when a claimant fails to file an appeal before the Board within the time 

prescribed in this section, the Board may waive this requirement if, 

along with the final appeal form, the appellant in writing requests an 

extension of time. The request for an extension of time must give the 

reasons why the final appeal form was not filed within the time limit 

prescribed in this section. If in the judgment of the Board the reasons 

given establish that the appellant had good cause for not filing the 

final appeal form within the time prescribed, the Board will consider 

the appeal to have been filed in a timely manner. The Board will use the 

standards found in Sec.  260.3(d) of this chapter in determining if good 

cause exists.

    (d) Delay in the commencement of recovery of erroneous payment. 

Where a timely appeal seeking waiver of recovery of an erroneous payment 

has been filed with the three-member Board, the Board shall not commence 

recovery of the erroneous payment by suspension



[[Page 520]]



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.

    (e) Submission of additional evidence. Upon final appeal to the 

Board, the appellant shall not have the right to submit additional 

evidence. However, the Board may grant a request to submit new evidence 

where new and material evidence is available that, despite due 

diligence, was not available before the decision of the hearings officer 

was issued. The Board may also obtain new evidence on its own motion. 

Upon admission of new evidence, the Board, at its discretion, may:

    (1) Vacate the decision of the hearings officer and remand the case 

to the Bureau of Hearings and Appeals for issuance of a new decision. 

The decision of the hearings officer on remand may be appealed to the 

Board in the manner described in paragraph (b) of this section; or

    (2) Return the case to the hearings officer for further 

consideration with direction to submit a recommended decision to the 

Board.

    (f) Decision of the Board. The decision of the Board shall be made 

upon the record of evidence developed by the hearings officer and any 

additional evidence admitted pursuant to paragraph (e) of this section. 

The appellant may submit additional argument in writing with the appeal 

to the Board. The appellant shall have no right to an oral presentation 

before the Board except where the Board so permits. Such presentation 

shall be limited in form, subject matter, length, and time as the Board 

may indicate to the appellant.

    (g) Issuance of decision. The Board shall make every effort to issue 

a decision within 90 days after the later of:

    (1) The date the final appeal is filed;

    (2) The date new or better evidence is obtained in accordance with 

Sec.  260.9(d) and the appellant has commented on it;

    (3) The date new or better evidence is obtained in accordance with 

Sec.  260.9(d) and after the close of the comment period;

    (4) The date further argument submitted in accordance with Sec.  

260.9(e) is received; or

    (5) The date the record is returned to the Board following referral 

back to the hearings officer.

    (h) Review of decisions rendered prior to appeal to Board. The Board 

may, on its own motion, review or cause to be reviewed any decision 

issued by a subordinate official or employee under this part.



(The information collection requirements contained in paragraph (b) were 

approved by the Office of Management and Budget under control number 

3220-0007)



[47 FR 36809, Aug. 24, 1982, as amended at 50 FR 19523, May 9, 1985; 52 

FR 11017, Apr. 6, 1987; 67 FR 77155, Dec. 17, 2002; 68 FR 6820, Feb. 11, 

2003]