(a) After the district director completes the development of
medical evidence under Sec. 725.405 of this part, including the
complete pulmonary evaluation authorized by Sec. 725.406, and receives
the responses and evidence submitted pursuant to Sec. 725.408, he shall
issue a schedule for the submission of additional evidence. The
schedule shall contain the following information:
(1) If the claim was filed by, or on behalf of, a miner, the
schedule shall contain a summary of the complete pulmonary evaluation
administered pursuant to Sec. 725.406. If the claim was filed by, or on
behalf of, a survivor, the schedule shall contain a summary of any
medical evidence developed by the district director pursuant to
Sec. 725.405(c).
(2) The schedule shall contain the district director's preliminary
analysis of the medical evidence. If the district director believes
that the evidence fails to establish any necessary element of
entitlement, he shall inform the claimant of the element of entitlement
not established and the reasons for his conclusions and advise the
claimant that, unless he submits additional evidence, the district
director will issue a proposed decision and order denying the claim.
(3) The schedule shall contain the district director's designation
of a responsible operator liable for the payment of benefits. In the
event that the district director has designated as the responsible
operator an employer other than the employer who last employed the
claimant as a miner, the district director shall include, with the
schedule, a copy of the statements required by Sec. 725.495(d) of this
part. The district director may, in his discretion, dismiss as parties
any of the operators notified of their potential liability pursuant to
Sec. 725.407. If the district director thereafter determines that the
participation of a party dismissed pursuant to this section is
required, he may once again notify the operator in accordance with
Sec. 725.407(d).
(4) The schedule shall notify the claimant and the designated
responsible operator that they have the right to obtain further
adjudication of the claim in accordance with this subpart, and that
they have the right to submit additional evidence in accordance with
this subpart. The schedule shall also notify the claimant that he has
the right to obtain representation, under the terms set forth in
subpart D, in order to assist him. In a case in which the district
director has designated a responsible operator pursuant to paragraph
(a)(3), the schedule shall further notify the claimant that if the
operator fails to accept the claimant's entitlement to benefits within
the time limit provided by Sec. 725.412, the cost of obtaining
additional medical and other necessary evidence, along with a
reasonable attorney's fee, shall be reimbursed by the responsible
operator in the event that the claimant establishes his entitlement to
benefits payable by that operator. In a case in which there is no
operator liable for the payment of benefits, the schedule shall notify
the claimant that the cost of obtaining additional medical and other
necessary evidence, along with a reasonable attorney's fee, shall be
reimbursed by the fund.
(b) The schedule shall allow all parties not less than 60 days
within which to submit additional evidence, including evidence relevant
to the claimant's eligibility for benefits and evidence relevant to the
liability of the designated responsible operator, and shall provide not
less than an additional 30 days within which the parties may respond to
evidence submitted by other parties. Any such evidence must meet the
requirements set forth in Sec. 725.414 in order to be admitted into the
record.
(c) The district director shall serve a copy of the schedule,
together with a copy of all of the evidence developed, on the claimant,
the designated responsible operator, and all other operators which
received notification pursuant to Sec. 725.407. The schedule shall be
served on each party by certified mail.
