[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: 20CFR320.39]



[Page 549]

 

                      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.  320.39  Execution and filing of appeal to Board from decision of 

hearings officer.



    (a) An appeal to the Board from the decision of a hearings officer 

shall be filed on the form provided by the Board and shall be executed 

in accordance with the instructions on the form. Such appeal shall be 

filed within 60 days from the date upon which notice of the decision of 

the hearings officer was mailed to the parties. 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 this section. 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 appeal form to the claimant. However, when a 

party 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, the party 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 party has good cause for not filing the final appeal 

form within the time limit prescribed, the Board will consider the 

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

standards found in Sec.  320.10(e) of this part in determining if good 

cause exists.

    (b) 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 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; 68 FR 6820, Feb. 11, 2003]