(a) The term “adjudicating office” means any subordinate office of the Board which is authorized to make initial determinations and reconsideration decisions with respect to claims for benefits. The following paragraphs state which offices of the Board are adjudicating offices and define their authority to make determinations or decisions.
(b)Field offices. Field offices are authorized to make initial determinations on the following issues relating to eligibility for unemployment or sickness benefits, as the case may be:
(1) Availability for work;
(2) Voluntary leaving of work, with or without good cause;
(3) Failure to accept work or apply for work or failure to report to an employment office;
(4) Timely registration for unemployment benefits under § 325.2 of this chapter and timely filing of claims for sickness benefits under § 335.4(c) of this chapter;
(5) Receipt of remuneration for claimed days of unemployment or sickness, as the case may be;
(6) Mileage or work restrictions and stand-by or lay-over rules;
(7) Whether the claimant's unemployment is due to a strike.
(8) Whether a claimant's earnings attributable to days in a period for which he or she has registered for unemployment benefits exceed the amount of the applicable monthly compensation base.
(c)Regional offices. Board regional offices are authorized to make determinations on any of the issues listed in paragraph (b) of this section. In addition, regional offices are authorized to make initial determinations on the following issues:
(1) Erroneous payment of benefits, including fraud;
(2) Applicability of the disqualification in section 4(a-2)(iii) of the Railroad Unemployment Insurance Act if the claimant's unemployment results from a strike against a non-railroad employer by which he is employed;
(3) Determination of the amount of the Board's claim for reimbursement from pay for time lost payments under section 2(f) of the Railroad Unemployment Insurance Act or damages for personal injury under section 12(o) of the Railroad Unemployment Insurance Act.
(d)Director of Operations. The Director of Operations is authorized to make determinations on all issues of eligibility for unemployment and sickness benefits as set forth in paragraphs (b) and (c) of this section, and on any other issue not reserved to the Director of Policy and Systems by paragraph (e) of this section.
(e)Director of Policy and Systems. The Director of Policy and Systems shall adjudicate:
(1) The applicability of the disqualification in section 4(a-2)(iii) of the Railroad Unemployment Insurance Act if the claimant's unemployment results from a strike against a railroad employer by which he or she is employed; and
(2) Whether a plan submitted by an employer or other person or company qualifies as a nongovernmental plan for unemployment or sickness insurance, within the meaning of part 323 of this chapter.
(f)Debt Recovery Manager. The Debt Recovery Manager shall adjudicate:
(1) All requests for waiver of recovery of an erroneous payment made under the Railroad Unemployment Insurance Act; and
(2) Offers of compromise of debts arising out of the benefit provisions of the Railroad Unemployment Insurance Act.
[53 FR 2486, Jan. 28, 1988, as amended at 60 FR 28534, June 1, 1995; 67 FR 77156, Dec. 17, 2002]
Title 20 published on 2012-04-01.
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