(a) States of the United States. (1) Any determination or
redetermination made pursuant to Sec. 625.9, by the State agency of a
State (other than the State agency of the Territory of Guam, American
Samoa, Commonwealth of the Northern Mariana Islands, Federated States of
Micronesia, Republic of the Marshall Islands, or the Trust Territory of
the Pacific Islands) may be appealed by the applicant in accordance with
the applicable State law to the first-stage administrative appellate
authority in the same manner and to the same extent as a determination
or redetermination of a right to regular compensation may be appealed
under the applicable State law, except that the period for appealing
shall be 60 days from the date the determination or redetermination is
issued or mailed instead of the appeal period provided for in the
applicable State law. Any decision on a DUA first-stage appeal must be
made and issued within 30 days after receipt of the appeal by the State.
(2) Notice of the decision on appeal, and the reasons therefor,
shall be given to the individual by delivering the notice to such
individual personally or by mailing it to the individual's last known
address, whichever is most expeditious. The decision shall contain
information as to the individual's right to review of the decision by
the appropriate Regional Administrator, Employment and Training
Administration, if requested within 15 days after the decision was
mailed or delivered in person to the individual. The notice will include
the manner of requesting such review, and the complete address of the
Regional Administrator. Notice of the decision on appeal shall be given
also to the State agency (with the same notice of right to review) and
to the appropriate Regional Administrator.
(b) Guam, American Samoa, and the Trust Territory of the Pacific
Islands. (1) In the case of an appeal by an individual from a
determination or redetermination by the State agency of the Territory of
Guam, American Samoa, Commonwealth of the Northern Mariana Islands,
Federated States of Micronesia, Republic of the Marshall Islands, or the
Trust Territory of the Pacific Islands, the individual shall be entitled
to a hearing and decision in accordance with Sec. 625.30 of this part.
(2) Notice of the referee's decision, and the reasons therefor,
shall be given to the individual by delivering the notice to the
individual personally or by mailing it to the individual's last known
address, whichever is most expeditious. The notice of decision shall
contain information as to the individual's right to review of the
decision by the Regional Administrator, Employment and Training
Administration, for Region IX (San Francisco), and the manner of
obtaining such review, including the address of the Regional
Administrator. Notice of the decision on appeal shall be given also to
the State agency and to the Regional Administrator.
(c) Review by Regional Administrator. (1) The appropriate Regional
Administrator, Employment and Training Administration, upon request for
review by an applicant or the State agency shall, or upon the Regional
Administrator's own motion may, review a decision on appeal issued
pursuant to paragraph (a) or (b) of this section.
(2) Any request for review by an applicant or a State agency shall
be filed, and any review on the Regional Administrator's own motion
shall be undertaken, within 15 days after notice of the decision on
appeal was delivered or mailed to the individual.
(3)(i) A request for review by an individual may be filed with the
appropriate State agency, which shall forward the request to the
appropriate Regional Administrator, Employment and Training
Administration, or may be filed directly with the appropriate Regional
Administrator.
(ii) A request for review by a State agency shall be filed with the
appropriate Regional Administrator, and a copy shall be served on the
individual
by delivery to the individual personally or by mail to the individual's
last known address.
(iii) When a Regional Administrator undertakes a review of a
decision on the Regional Administrator's own motion, notice thereof
shall be served promptly on the individual and the State agency.
(iv) Whenever review by a Regional Administrator is undertaken
pursuant to an appeal or on the Regional Administrator's own motion, the
State agency shall promptly forward to the Regional Administrator the
entire record of the case.
(v) Where service on the individual is required by paragraph
(c)(3)(ii) of this section, adequate proof of service shall be furnished
for the record before the Regional Administrator, and be a condition of
the Regional Administrator undertaking review pursuant to this
paragraph.
(4) The decision of the Regional Administrator on review shall be
rendered promptly, and not later than the earlier of--
(i) 45 days after the appeal is received or is undertaken by the
Regional Administrator, or
(ii) 90 days from the date the individual's appeal from the
determination or redetermination was received by the State agency.
(5) Notice of the Regional Administrator's decision shall be mailed
promptly to the last known address of the individual, to the State
agency of the applicable State, and to the Director, Unemployment
Insurance Service. The decision of the Regional Administrator shall be
the final decision under the Act and this part, unless there is further
review by the Assistant Secretary as provided in paragraph (d) of this
section.
(d) Further review by the Assistant Secretary. (1) The Assistant
Secretary for Employment and Training on his own motion may review any
decision by a Regional Administrator issued pursuant to paragraph (c) of
this section.
(2) Notice of a motion for review by the Assistant Secretary shall
be given to the applicant, the State agency of the applicable State, the
appropriate Regional Administrator, and the Director, Unemployment
Insurance Service.
(3) When the Regional Administrator and the State agency are
notified of the Assistant Secretary's motion for review, they shall
forward all records in the case to the Assistant Secretary.
(4) Review by the Assistant Secretary shall be solely on the record
in the case, any other written contentions or evidence requested by the
Assistant Secretary, and any further evidence or arguments offered by
the individual, the State agency, the Regional Administrator, or the
Director, Unemployment Insurance Service, which are mailed to the
Assistant Secretary within 15 days after mailing the notice of motion
for review.
(5) Upon review of a case under this paragraph, the Assistant
Secretary may affirm, modify, or reverse the decision of the Regional
Administrator, and may remand the case for further proceedings and
decision in accordance with the Assistant Secretary's decision.
(6) The decision of the Assistant Secretary shall be made promptly,
and notice thereof shall be sent to the applicant, the State agency, the
Regional Administrator, and the Director, Unemployment Insurance
Service.
(7) The decision of the Assistant Secretary shall be final and
conclusive, and binding on all interested parties, and shall be a
precedent applicable throughout the States.
(e) Procedural requirements. (1) All decisions on first-stage
appeals from determinations or redeterminations by the State agencies
must be made within 30 days of the appeal; therefore, the Secretary's
``Standard for Appeals Promptness-Unemployment Compensation'' in part
650 of this chapter shall not apply to the DUA program.
(2) The provisions on right of appeal and opportunity for hearing
and review with respect to applications for DUA shall be consistent with
this part and with sections 303(a)(1) and 303(a)(3) of the Social
Security Act, 42 U.S.C. 503(a)(1) and 503(a)(3).
(3) Any petition or other matter required to be filed within a time
limit under this section shall be deemed to be filed at the time it is
delivered to an appropriate office, or at the time of the postmark if it
is mailed via the United
States Postal Service to an appropriate office.
(4) If any limited time period specified in this section ends on a
Saturday, Sunday, or a legal holiday in the major disaster area, the
time limit shall be extended to the next business day.
[42 FR 46712, Sept. 16, 1977, as amended at 55 FR 555, Jan. 5, 1990; 56
FR 22805, May 16, 1991]
