Page images
PDF
EPUB

CHAPTER IV-EMPLOYEES' COMPENSATION APPEALS BOARD, DEPARTMENT OF LABOR

[blocks in formation]

501.13 Place of proceedings.

AUTHORITY: The provisions of this Part 501 issued under sec. 32, 39 Stat. 749, 5 U.S.C. 783; sec. 3, Reorganization Plan No. 2 of 1946, 60 Stat. 1095; 3 CFR 1943-48 Comp., p. 1064; sec. 2, Reorganization Plan No. 19 of 1950, 64 Stat. 1272; 3 CFR 1949-53 Comp., p. 1010.

SOURCE: The provisions of this Part 501 appear at 27 F.R. 12186, Dec. 8, 1962, unless otherwise noted.

[blocks in formation]

(a) "Act" means the Federal Employees' Compensation Act and any statutory extension or application thereof.

(b) "Board" means the Employees' Compensation Appeals Board.

(c) "Bureau" means the Bureau of Employees' Compensation and in the case of employees of the Canal Zone Government and of the Panama Canal Company, the Governor of the Canal Zone.

(d) "Director" means the Director of the Bureau and in the case of employees of the Canal Zone Government and of the Panama Canal Company, the Governor of the Canal Zone.

(e) "Party" means any person admitted and named as a party on the docket of the Board, including any intervenors.

(f) "Counsel" includes any person who is a member in good standing of the bar of the Supreme Court of the United States or the highest court of any State, territory, or the District of Columbia. [27 F.R. 12186, Dec. 8, 1962, as amended at 29 F.R. 13519, Oct. 1, 1964]

§ 501.2 Scope and applicability of rules; composition and jurisdiction of the Board.

(a) The regulations in this part provide the rules of practice of the Board in hearing and deciding appeals from final decisions of the Bureau.

(b) The Board consists of three members appointed by the Secretary of Labor, one of whom is designated as Chairman of the Board and administrative officer.

(c) The Board has jurisdiction to consider and decide appeals from the final decision of the Bureau in any case arising under the Act. The Board may review all relevant questions of law, fact, and discretion in such cases. There shall be no appeal with respect to any interlocutory matter disposed of by the Bureau during the pendency of a case. The review of a case shall be limited to the evidence in the case record which was before the Bureau at the time of its final decision.

§ 501.3 Application for review.

(a) Who may file. Any person adversely affected by a final decision of the Director, or his duly authorized representative, may file an application for review of such decision by the Board.

(b) Place of filing. Any application for review shall be filed with the Clerk of the Board, Employees' Compensation

Appeals Board, U.S. Department of Labor, Washington 25, D.C.

(c) Form of application; contents. An application for review should be filed with the Board upon Form AB-1 (Application for Review). Any application made without the use of the form shall contain the following information: The full name and address of the applicant, the name of the injured or deceased employee, the employing establishment, the case file number assigned to the case by the Bureau, a description of the particular injury involved, the date of the injury, the place of injury, and the date of the decision being appealed. If the applicant is being represented by another person in the proceeding, the name and address of such representative should be stated. Each application shall include a succinct statement indicating the contentions of the applicant and describing with particularity any findings of fact, conclusions of law, or exercise of (or failure to exercise) discretion complained of. Any application containing incomplete information shall be returned to the applicant with a description of the additional information needed and a reasonable opportunity for furnishing any such information shall be allowed.

(d) Time for filing. (1) Except as provided in subparagraph (2) of this paragraph, any application for review by a person residing within the United States or Canada must be filed within 90 days from the date of issuance of the final decision of the Director, and any application for review by a person residing outside the United States or Canada must be filed within 180 days from the date of issuance.

(2) For good cause shown, the Board may in its discretion waive a failure to file an application within the time limitations provided in subparagraph (1) of this paragraph, but for no longer than one year from the date of issuance of the final decision of the Director.

(3) The date of filing of an application for review shall be the date upon which the application is received by the Board.

(e) Briefs and supporting statements. Any application for review may be accompanied by a brief or supporting statement.

§ 501.4 Transmittal of record.

The Board shall serve upon the Director a copy of each application for re

view and any brief or supporting statement accompanying it. Within 30 days from the date of such service, the Director shall transmit to the Board the record of the proceeding to which the application refers and such statement in support of his decision or other pleading as he may consider necessary, but on application of the Director, the Board may in its discretion extend such time. § 501.5 Oral argument.

(a) Notice. Whenever any party requests an opportunity to present oral argument the Board shall schedule the case for argument. Each party shall be notified at least ten days before the date of argument. The notice shall state the issues to be heard, as determined by the Board.

[blocks in formation]

(a) The decision of the Board shall contain a written opinion setting forth the reasons for the action taken and an appropriate order. The decision may consist of affirmance, reversal, remand for further development of the evidence. or other appropriate action. A copy of the decision shall be sent by the Board to all parties in interest. The case record shall be returned to the Director with a copy of the decision.

(b) A decision of not less than two members shall be the decision of the Board.

(c) The decision of the Board shall be final as to the subject matter appealed and such decision shall not be subject to review, except by the Board.

(d) The decision of the Board shall be final upon the expiration of 30 days from the date of the filing of the order, unless the Board shall in its order fix a different period of time or reconsideration by the Board is granted.

§ 501.7 Petition for reconsideration.

(a) Procedure for filing. A petition for reconsideration of a decision of the Board may be filed with the Board within 30 days from the date of the order, or, if another period is specified in the order, then prior to the time when the order becomes final. The petition shall state the grounds relied upon, including any matters claimed to have been erroneously decided and shall specify the alleged errors. The petition may be in letter form.

(b) Answer; procedure for disposition of petitions. Upon the filing of a petition for reconsideration, each of the other parties to the proceeding may file an answer thereto within such time as may be fixed by the Board. If reconsideration should be granted, reargument upon reasonable notice may be allowed in the discretion of the Board. After reconsideration of a case the Board shall either grant or deny the petition. § 501.8 Docket of proceedings; inspection of docket and records.

(a) Maintenance of docket. A docket of all proceedings shall be maintained by the Board. Each proceeding shall be assigned a number in chronological order upon the date on which an application for review is received. Each proceeding shall be generally considered in the order in which it is docketed, although for good cause shown the Board may advance the order in which a particular case is to be considered. Correspondence or further applications in connection with any pending case shall refer to the docket number of that case.

(b) Inspection of docket and records. The docket of the Board shall be open to public inspection. The Board shall publish its decisions in such form as to De readily available for inspection, and shall allow the public inspection thereof at the permanent location of the Board. The papers and documents included in the record of any proceeding shall be made available to any party in interest as provided in 29 CFR 2.6(b). The Board shall exercise the functions of the Secretary of Labor prescribed in 29 CFR 2.6(b). Such inspection shall be permitted at reasonable times during business hours upon written request therefor filed with the Board by an interested party. Any request must set forth (1) the interest of the applicant in the proceeding, and (2) a description of the

specific materials desired to be inspected. Any request will be denied as to any papers or documents which the Board determines are confidential, including, but without limitation, papers and documents containing information affecting the security of the United States or adversely affecting the interests of the United States or medical or other information which might result in damage or harm to the appellant or any other person.

§ 501.9 Regulation of proceedings.

The proceedings shall be conducted under the supervision of the Chairman or Acting Chairman, who shall regulate such matters as the granting of continuances, acceptance of briefs and other procedural matters.

§ 501.10 Number of copies of pleadings and related documents; service.

(a) Except as provided in paragraph (b) of this section, any application, pleading, petition, brief or other memorandum shall be filed in duplicate (original and 1 copy) with the Board; the Board shall serve the copy upon the other party.

(b) Instead of filing the duplicate of any such document with the Board, the party submitting it may serve the duplicate or copy directly upon the Director and make a notation to that effect upon the copy filed with the Board.

(c) Any notice or order required under this part to be given or served shall be by certified or registered mail or by personal service.

§ 501.11 Appearances.

(a) Representation. In any proceeding before the Board, a party may appear in person, or by counsel or any other duly authorized person, including any accredited representative of an employee organization. No person shall be recognized as representing an appellant or intervenor unless there shall be filed with the Board a statement in writing, signed by the party to be represented, authorizing such representation. Such representative when accepted shall continue to be recognized unless he should abandon such capacity, withdraw, or the appellant or intervenor directs otherwise.

(b) Former members of the Board; other employees of the Department of Labor. A former member of the Board shall not be allowed to participate as

counsel or other representative before the Board in any proceeding until two years from the termination of his status as a Board member. The practice of other former employees of the Department of Labor are governed by 29 CFR 2.2 and 2.3.

(c) Debarment of counsel or other representative. Whenever in any proceeding the Board finds that a person acting as counsel or other representative for any party to the proceeding is guilty of unethical or unprofessional conduct, the Board may order that such person be excluded from further acting as counsel or other representative in such proceeding. An appeal may be taken to the Secretary of Labor from such an order, but the proceeding shall not be delayed or suspended pending disposition of the appeal, although the Board may suspend the proceeding for a reasonable time for the purpose of enabling the party to obtain different counsel or other representative. Whenever the Board has issued an order precluding a person from further acting as counsel or other representative in a proceeding, the Board shall within a reasonable time thereafter submit to the Secretary of Labor a report of the facts and circumstances surrounding the issuance of the order, and shall recommend what action the Secretary of Labor should take in regard to the appearance of such person as counsel or other representative in other proceedings before the Board. Before any action is taken debarring such person as counsel or representative from other proceedings, he shall be furnished notice

and opportunity to be heard on the matter.

(d) Fees. No claim for legal or other service rendered in respect to a proceeding before the Board to or on account of any person, shall be valid unless approved by the Board of by a member thereof. No contract for a stipulated fee or for a fee upon a contingent basis shall be recognized by the Board, and no fee for service shall be approved except upon an application to the Board supported by a sufficient statement of the extent and character of the necessary work done before the Board on behalf of the interested party. Except where such representation is gratuitous, the fee approved by the Board, or by a member thereof, shall be reasonably commensurate with the actual necessary work performed by such representative, taking into account the capacity in which the representative has appeared, the amount of the compensation involved, and the circumstances of the appellant. § 501.12 Intervention.

The Board may permit any person whose rights may be affected by any proceeding before the Board to intervene therein whenever such person shows in a written petition to intervene that such rights are so affected. The petition should state with precision and particularity (a) the rights affected; and (b) the nature of any argument he intends to make.

§ 501.13 Place of proceedings.

The Board shall sit in Washington, D.C.

CHAPTER V-BUREAU OF EMPLOYMENT SECURITY

DEPARTMENT OF LABOR

Part 601

602

603

604

605

606

607

608

609

610

611

613

614

615

Administrative procedure.

Cooperation of the United States Employment Service and States in establishing and maintaining a national system of public employment offices. Instructions to State agencies for preparation and submittal of State plan of operation under the Wagner-Peyser Act.

Policies of the United States Employment Service.

Policies of the Secretary of Labor.

Regulations to implement Title IV of the Veterans' Readjustment Assist-
ance Act of 1952 (all States except Puerto Rico and the Virgin Islands).
Regulations to implement Title IV of the Veterans' Readjustment Assistance
Act of 1952 in Puerto Rico and the Virgin Islands.

Regulations to implement Title IV of the Veterans' Readjustment Assist-
ance Act of 1952 (in States which have no agreement with the Secretary
of Labor).

Regulations to implement the Unemployment Compensation for Federal Civilian Employees Program under Title XV of the Social Security Act: responsibilities of Federal agencies.

Regulations to implement the Unemployment Compensation for Federal Civilian Employees Program under Title XV of the Social Security Act: responsibilities of State agencies.

Regulations to implement the Unemployment Compensation for Federal Civilian Employees Program under Title XV of the Social Security Act: responsibilities of the Virgin Islands agency.

Regulations to implement the Temporary Unemployment Compensation Act of 1958; responsibilities of Puerto Rico, Virgin Islands and State agencies.

Regulations to implement the Ex-Servicemen's Unemployment Compensa tion Program under Title XV of the Social Security Act, as amended. Temporary Extended Unemployment Compensation, 1961.

« PreviousContinue »