[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: 20CFR320.22]



[Page 547-548]

 

                      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.  320.22  Notice of hearing.



    (a) Notification of parties. In any case in which an oral hearing is 

to be held, the hearings officer shall schedule a time and place for the 

conduct of the hearing. The hearings officer shall promptly notify the 

party or parties to the proceeding by mail as to said time and place for 

the hearing. The notice shall include a statement of the specific issues 

involved in the case. The hearings officer shall make every effort to 

hold the hearing within 150 days after the date the appeal is filed.

    (b) Notice of objection. A party to the proceeding may object to the 

time and place of the hearing, or as to the stated issues to be 

resolved, by filing a written notice of objection with the hearings 

officer. The notice of objection shall clearly set forth the matter 

objected to and the reasons for such objection, and, if the matter 

objected to is the time and place of the hearing, said notice shall 

further state that party's choice as to the time and place for the 

hearing. Said notice of objection shall be filed at the earliest 

practicable time, but in no event shall said notice be filed later than 

five business days prior to the scheduled date of the hearing.

    (c) Ruling on objection. The hearings officer shall rule on any 

objection timely filed by a party under this section and shall notify 

the party of his or her ruling thereon. The hearings officer may for 

good cause shown, or upon his or her own motion, reschedule the time 

and/or place of the hearing. The hearings officer also may limit or 

expand the issues to be resolved at the hearing.

    (d) Failure to appear or to file objection. If neither a party nor 

his or her representative appears at the time and place scheduled for 

the hearing, that party shall be deemed to have waived his or her right 

to an oral hearing unless said party either filed with the hearings 

officer a notice of objection showing good cause why the hearing should 

have been rescheduled, which notice was timely filed but not ruled upon, 

or, within 10 days following the date on which the hearing was 

scheduled, said party files with the hearings officer a motion to 

reschedule the hearing showing good cause why neither the party nor his 

or her representative appeared at the hearing and further showing good 

cause as to why said party failed to file at the prescribed time any 

notice of objection to the time and place of the hearing.



[[Page 548]]



    (e) Rescheduling the hearing. If the hearings officer finds either 

that a notice of objection was timely filed showing good cause to 

reschedule the hearing, or that the party has within 10 days following 

the date of the hearing filed a motion showing good cause for failure to 

appear and to file a notice of objection, the hearings officer shall 

reschedule the hearing. If the hearings officer finds that the hearing 

shall not be rescheduled, he or she shall so notify the party in 

writing.



[53 FR 2488, Jan. 28, 1988]