[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: 20CFR320.39]

[Page 551-552]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT 
 
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

[[Page 552]]

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]