[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: 20CFR261.5]



[Page 522]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 261_ADMINISTRATIVE FINALITY--Table of Contents

 

Sec.  261.5  Late completion of timely investigation.



    (a) A decision may be revised after the applicable time period in 

Sec.  261.2(a) or Sec.  261.2(b) of this part expires if the Railroad 

Retirement Board begins an investigation into whether to revise the 

decision before the applicable time period expires and the agency 

diligently pursues the investigation to the conclusion. The 

investigation may be based on a request by a claimant or on action by 

the Railroad Retirement Board.

    (b) Diligently pursued for purposes of this section means that in 

view of the facts and circumstances of a particular case, the necessary 

action was undertaken and carried out as promptly as the circumstances 

permitted. Diligent pursuit will be presumed to have been met if the 

investigation is concluded and, if necessary, the decision is revised 

within 6 months from the date the investigation began.

    (c) If the investigation is not diligently pursued to its 

conclusion, the decision will be revised if a revision is applicable and 

if it is favorable to the claimant. It will not be revised if it would 

be unfavorable to the claimant.