[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 546-547]

 

                      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.  320.19  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 547]]



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]