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May 10, 2009   
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 20  

Employees' Benefits

 

Chapter VI  

Employment Standards Administration, Department of Labor

 

 

Part 725  

Claims for Benefits Under Part C of Title IV of the Federal Mine Safety and Health Act, As Amended

 

 

 

Subpart E  

Adjudication of Claims by the District Director


20 CFR 725.415 - Action by the district director after development of evidence.

  • Section Number: 725.415
  • Section Name: Action by the district director after development of evidence.

    (a) At the end of the period permitted under Sec. 725.410(b) for 
the submission of evidence, the district director shall review the 
claim on the basis of all evidence submitted in accordance with 
Sec. 725.414.
    (b) After review of all evidence submitted, the district director 
may issue another schedule for the submission of additional evidence 
pursuant to Sec. 725.410, identifying another potentially liable 
operator as the responsible operator liable for the payment of 
benefits. In such a case, the district director shall not permit the 
development or submission of any additional medical evidence until 
after he has made a final determination of the identity of the 
responsible operator liable for the payment of benefits. If the 
operator who is finally determined to be the responsible operator has 
not had the opportunity to submit medical evidence pursuant to 
Sec. 725.410, the district director shall allow the designated 
responsible operator and the claimant not less than 60 days within 
which to submit evidence relevant to the claimant's eligibility for 
benefits. The designated responsible operator may elect to adopt any 
medical evidence previously submitted by another operator as its own 
evidence, subject to the limitations of Sec. 725.414. The district 
director may also schedule a conference in accordance with 
Sec. 725.416, issue a proposed decision and order in accordance with 
Sec. 725.418, or take such other action as the district director 
considers appropriate.
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