(a) Purpose. Section 410 of ``The Robert T. Stafford Disaster Relief
and Emergency Assistance Act'' amended the program for the payment of
unemployment assistance to unemployed individuals whose unemployment is
caused by a major disaster, and to provide reemployment assistance
services to those individuals. The unemployment assistance provided for
in section 410 of the Act is hereinafter referred to as Disaster
Unemployment Assistance, or DUA. The regulations in this part are issued
to implement sections 410 and 423 of the Act.
(b) First rule of construction. Sections 410 and 423 of the Act and
the implementing regulations in this part shall be construed liberally
so as to carry out the purposes of the Act.
(c) Second rule of construction. Sections 410 and 423 of the Act and
the implementing regulations in this part shall be construed so as to
assure insofar as possible the uniform interpretation and application of
the Act throughout the United States.
(d) Effectuating purpose and rules of construction. (1) In order to
effectuate the provisions of this section, each State agency shall
forward to the United States Department of Labor, on receipt of a
request from the Department, a copy of any determination or
redetermination ruling on an individual's entitlement to DUA.
(2) If the Department believes a determination or redetermination is
inconsistent with the Secretary's interpretation of the Act, the
Department may at any time notify the State agency of the department's
view. Thereafter, the State agency shall appeal if possible, and shall
not follow such determination or redetermination as a precedent; and in
any subsequent proceedings which involve such determination or
redetermination, or wherein such determination or redetermination is
cited as precedent or otherwise relied upon, the State agency shall
inform the hearing officer of the Department's view and shall make all
reasonable efforts to obtain modification, limitation, or overruling of
the determination or redetermination.
(3) A State agency may request reconsideration of a notice that a
determination or redetermination is inconsistent with the Act, and shall
be given an opportunity to present views and arguments if desired. If a
determination or redetermination setting a precedent becomes final,
which the Department believes to be inconsistent with the Act, the
Secretary will decide whether the Agreement with the State shall be
terminated.
(4) Concurrence of the Department in a determination or
redetermination shall not be presumed from the absence of a notice
issued pursuant to this paragraph.
[42 FR 46712, Sept. 16, 1977, as amended at 55 FR 554, Jan. 5, 1990]
