[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR320.10]

[Page 546-547]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT 
 
Sec.  320.10  Reconsideration of initial determination.

    (a) Request. A claimant shall have the right to request 
reconsideration of an initial determination under Sec.  320.5 of this 
part which denies in whole or in part his or her claim for benefits. A 
claimant shall have the right to request reconsideration of a notice of 
overpayment under Sec.  320.9 of this part. The base-year employer(s) 
shall have the right to request reconsideration of an initial 
determination under Sec.  320.5 of this part which awards in whole or in 
part a claimant's claim for benefits. A reconsideration request shall be 
made in writing and addressed to the adjudicating office that issued the 
initial determination and must be received by the adjudicating office no 
later than 60 days from the date of the notice of the initial decision. 
A railroad employer may fulfill the written request requirement by using 
an electronic system that has been approved by the agency in the manner 
prescribed by the agency.
    (b) Review of evidence. Upon request, the party requesting 
reconsideration shall have an opportunity to review all evidence and 
documents that pertain to the initial determination. The Board shall 
made all reasonable efforts to protect the identity of the source of 
adverse evidence.
    (c) Notice of decision. The adjudicating office shall, as soon as 
possible, render a decision on the request for reconsideration. If a 
decision rendered by a district office, as the adjudicating office, 
sustains the initial determination, either in whole or in part, the 
decision shall be referred to the appropriate regional office for review 
prior to issuance. The party who requested reconsideration shall be 
notified, in writing, of the decision on reconsideration no later than 
15 days from the date of the decision or, where the regional office has 
conducted a review of the decision, within 7 days following the 
completion of the review. If the decision results in denial of benefits, 
the claimant shall be notified of the right to appeal as provided in 
Sec.  320.12 of this part. If the decision results in payment of 
benefits, the base-year employer(s) shall be notified of the right to 
appeal as provided in Sec.  320.12 of this part.
    (d) Right to further review of initial determination. The right to 
further review of a determination made under Sec.  320.5 or Sec.  320.9 
of this part shall be forfeited unless a written request for 
reconsideration is filed within the time period prescribed in this 
section or good cause is shown by the party requesting reconsideration 
for failing to file a timely request for reconsideration. A railroad

[[Page 547]]

employer may fulfill the written request requirement by using an 
electronic system approved by the agency in the manner prescribed by the 
agency.
    (e) Timely request for reconsideration. In determining whether 
either the claimant or the base-year employer(s) has good cause for 
failure to file a timely request for reconsideration, the adjudicating 
office shall consider the circumstances which kept either the claimant 
or the base-year employer(s) from filing the request on time and whether 
any action by the Board misled either of them. Examples of circumstances 
where good cause may exist include, but are not limited to:
    (1) A serious illness which prevented the claimant from contacting 
the Board in person, in writing, or through a friend, relative or other 
person;
    (2) A death or serious illness in the claimant's immediate family 
which prevented him or her from filing.
    (3) The destruction of important and relevant records;
    (4) A failure to be notified of a decision;
    (5) The existence of an unusual or unavoidable circumstance which 
demonstrates that either the claimant or the base-year employer(s) would 
not have known of the need to file timely or which prevented either of 
them from filing in a timely manner; or
    (6) The claimant thought that his or her representative had 
requested reconsideration.

[56 FR 65679, Dec. 18, 1991, as amended at 67 FR 77156, Dec. 17, 2002; 
71 FR 53004, Sept. 8, 2006]