[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 546]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 

INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS

--Table of Contents

 

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]