employee, the Virgin Islands agency, and to the Secretary. The decisions of the referee shall be accompanied by an explanation of the right of such employee to judicial review and the manner in which such judicial review may be instituted.

§ 609.41 Consolidation of appeals.

The referee may consolidate appeals and conduct joint hearings thereon where the same or substantially similar evidence is relevant and material to the matters in issue. Reasonable notice of consolidation and the time and place of hearing shall be given or mailed to the claimants or their representatives, the Virgin Islands agency, and to persons who have offered or are believed to have evidence with respect to the claims. § 609.42 Representation.

A Federal civilian employee may be represented by counsel or other representative in any proceedings before the referee. Any such representative may appear at any hearing or take any other action which such employee may take under this part. The referee for cause may bar any person from representing a Federal civilian employee, in which event such action shall be set forth in the record. No representative shall charge a Federal civilian employee more than an amount fixed by the referee for representing him in any proceeding under this part.

§ 609.43 Postponement, continuance, and adjournment of hearings.

A hearing before the referee shall be postponed, continued, or adjourned when such action is necessary to afford a Federal civilian employee reasonable opportunity for a fair hearing. In such case notice of the subsequent hearing shall be given to any person who received notice of the prior hearing.

§ 609.44 Information from agency records.

Information shall be available to a Federal civilian employee either from the records of the Virgin Islands or as obtained in any proceeding herein provided for to the extent necessary for proper presentation of his case. All requests for information shall state the nature of the information desired as clearly as possible and shall be in writing unless made at a hearing.

As used in this part, unless the context clearly indicates otherwise

(a) "Compensation" means cash benefits payable under the UCX program to ex-servicemen with respect to their unemployment, including any portion of such cash benefits payable with respect to dependents but not including benefits under any temporary disability insurance law.

(b) "Ex-serviceman" means an individual who has performed Federal military service.

(c) "Federal military agency" means any of the Armed Forces of the United States, including the U.S. Air Force. Army, Coast Guard, Marine Corps, and Navy.

(d) "Federal military service" means period of active service, including acve duty for training purposes, in the armed Forces, if—

(1) Such service was continuous for 0 days or more or was terminated in ess than 90 days because of an actual service-incurred injury or disability; and (2) With respect to such service the ndividual (1) was discharged or released under conditions other than dishonorble, (ii) was not given a bad conduct ischarge, or (iii) if an officer, did not resign for the good of the service.

(e) "Federal military wages" means all pay and allowances in cash and kind, including any period to which payment for unused military accrued leave is allocated under § 614.14 for Federal military service for the pay grade of an exserviceman at the time of his latest discharge or release from Federal military service as specified in the schedule of remuneration applicable at the time he files a first claim.

(f) "First claim" means a claim for compensation under either the UCX or UCFE program or a State unemployment compensation law, or some combination thereof, first filed by an individual after his latest discharge or release from Federal military service whereby a benefit year is established under a State unemployment compensation law or in the Virgin Islands under the District of Columbia Unemployment Compensation Act.

(g) "Military document" means an official document or documents issued to an individual by a Federal military agency relating to his Federal military service and discharge or release from such service.

(h) "Period of active service" means a period of continuous active duty (including active duty for training purposes) in a Federal military agency or agencies, beginning with the date of entry upon active duty and ending on the effective date of the first discharge or release thereafter which is not qualified or conditional.

(1) "Schedule of remuneration" means the schedule issued from time to time by the Secretary under 5 U.S.C. 8521(a) (2) specifying for purposes of the UCX program the pay and allowances for each pay grade of servicemen.

(1) "Secretary" means the Secretary of Labor of the United States.

(k) "State" includes the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(1) "State agency" means an agency administering a State unemployment compensation law which has entered into an agreement with the Secretary under 5 U.S.C. 8502 and the agency in the Virgin Islands cooperating with the U.S. Employment Service under the WagnerPeyser Act (48 U.S.C. 113; 29 U.S.C. 49).

(m) "State unemployment compensation law" means an unemployment compensation law enacted in a State, the District of Columbia, or the Commonwealth of Puerto Rico and approved under 26 U.S.C. 3304.

(n) "UCFE program" means the program of unemployment compensation for Federal civilian employees established by Subchapter I of Chapter 85 of Title 5 of the United States Code (80 Stat. 585, 5 U.S.C. 8501-8508) (formerly sections 1501-1510 of Title XV of the Social Security Act, 68 Stat. 1130 as amended, 42 U.S.C. 1361-1370), which is imple⚫ mented by the regulations in Part 609 of this chapter.

(0) "UCX program" means the program of unemployment compensation for ex-servicemen established by Subchapter II of Chapter 85 of Title 5 of the United States Code (80 Stat. 590; 5 U.S.C. 8521-8525) (formerly sections 1508 and 1511 of Title XV of the Social Security Act, 72 Stat. 1087 as amended; 42 U.S.C. 1368, 1371).

[32 FR 20974, Dec. 29, 1967, as amended at 35 FR 17400, Nov. 13, 1970]

§ 614.2 Information to servicemen.

Each Federal military agency shall furnish information explaining the rights and responsibilities of ex-servicemen under the UCX program and 18 U.S.C. 1919 to military personnel at the time of their discharge or release from Federal inilitary service.

assigned thereto unless transferred pursuant to § 614.13.

(c) Federal military service and wages assigned to a State or to the Virgin Islands in error may be reassigned for use by the proper State agency. An appropriate record of the reassignment shall be maintained by the State agency of the State to which such service and wages originally were assigned.

[32 F.R. 20974, Dec. 29, 1967, as amended at 37 F.R. 25705, Dec. 2, 1972]

§ 614.4 Federal findings.

Information contained in a military document shall constitute Federal findings to which § 614.8 applies as to (a) whether an individual has performed Federal military service; (b) the beginning and ending dates of each period of such service and "days lost" during each such period; (c) the type of discharge or release terminating the individual's period or periods of Federal military service; and (d) the individual's pay grade at the time of discharge or release from his latest period of Federal military service.

§ 614.5 Correction of Federal findings.

(a) Requests for correction. If an individual believes a Federal finding specified in 614.4 is incorrect or that information as to any finding has been omitted from a military document he may request the issuing Federal military agency to correct the military document. Information contained in a corrected military document issued pursuant to such request shall constitute the Federal findings of the Federal military agency under § 614.4 if the individua) notifies the State agency that he has made such request before the period of redetermination of entitlement or appeal under the applicable State unemployment compensation law has elapsed and promptly notifies the State agency of the action of the Federal military agency.

(b) State agency procedure when request made. If a determination of entitlement has not been made when an individual notifies a State agency that he has made a request for correction under paragraph (a) of this section the State agency may postpone such determination until the individual has notifled the State agency of the action of the Federal military agency on his request. If a determination of entitlement has been made when an individual notifies a

State agency that he has made such request, or if an individual notifies a State agency that he has made such request prior to a determination of entitlement but such determination is not postponed by the State agency, the individual may file a request for redetermination or appeal in accordance with the applicable State unemployment compensation law or in the case of a determination by the Virgin Islands agency may appeal in the manner provided by § 609.34 (a) of this chapter for Federal civilian employees. Except as provided in paragraph (c) of this section no redetermination shall be made or hearing scheduled on an appeal until the individual has notified the State agency of the action of the Federal military agency on his request.

(c) State agency procedure when request answered. On receipt of notice of the action of a Federal military agency on a request for correction of its Federal findings a State agency, as appropriate, either:

(1) Shall make a timely determination or redetermination of the affected individual's entitlement or

(2) Schedule a hearing on the individual's appeal.

If such notice is not received by a State agency within 1 year of the date an individual first filed a claim, or such notice is not given promptly by an individual, a State agency without further postponement may make such determination or redetermination or schedule such

hearing.

(d) Federal findings corrected without request. Information as to any Federal finding specified in § 614.4 contained in a corrected military document issued by a Federal military agency on its own motion shall constitute the findings of such agency under § 614.4 if notice thereof is received by a State agency before the period for redetermination of entitlement or appeal has elapsed under the State unemployment compensation law. On timely receipt of such notice a State agency shall take appropriate action under the applicable State unemployment compensation law to give effect to the corrected findings.

§ 614.6 Federal findings by Veterans Administration.

If a military document indicates that an individual's discharge or release from Federal military service was under conditions other than honorable (except a dishonorable or bad conduct discharge)

:that the period of such service was less ian 90 days the U.S. Veterans Admintration on request of a State agency all decide whether the individual was ischarged or released

(a) Under conditions other than disonorable or

(b) In the case of an officer by reason f his resignation for the good of the ervice or

(c) By reason of an actual servicecurred injury or disability.

n request of a State agency the U.S. eterans Administration also shall decide hether an individual's discharge or reease from Federal military service was ualified or conditional. Any decision by he U.S. Veterans Administration under his section shall constitute a Federal inding to which § 614.8 applies.

i 614.7 Correction of Veterans Administration Federal findings.

(a) Requests for correction. If an inlividual believes that a Federal finding inder § 614.6 is incorrect he may request reconsideration of such Federal finding by applying therefor to the State agency before the period of redetermination of entitlement or appeal under the applicable State unemployment compensation law has elapsed. The State agency shall forward his request and any supporting information submitted by the individual to the U.S. Veterans Administration.

I (b) State agency procedure when request made. If a determination of entitlement has not been made when an individual requests a reconsideration under paragraph (a) of this section a State agency shall postpone such determination. If a determination of entitlement has been made when an individual requests a reconsideration under paragraph (a) of this section the individual may file a request for redetermination or appeal in accordance with the applicable State unemployment compensation law or in the case of a determination by the Virgin Islands agency may appeal in the manner provided by § 609.34(a) of this chapter for Federal civilian employees. No determination or redetermination shall be made or hearing scheduled on an appeal until the State agency receives from the U.S. Veterans Administration its action on such request. If the United States Veterans Administration modifies its Federal finding previously made under 614.6 the modified finding shall constitute its Federal finding under that section.

(c) State agency procedure when request answered. On receipt of the action of the U.S. Veterans Administration a State agency, as appropriate, either

(1) Shall make a timely determination or redetermination of the individual's entitlement or

(2) Promptly schedule a hearing on his appeal.

§ 614.8 Finality of Federal findings.

The Federal findings of a Federal military agency or the U.S. Veterans Administration with respect to an individual (including the reasons for his separation reflected therein) and the schedules of remuneration issued by the Secretary shall be final and conclusive.

§ 614.9 Promptness of correction.

A Federal military agency or the U.S. Veterans Administration, as the case may be, shall act promptly on and reply to any request received pursuant to §§ 614.5 and 614.7.

§ 614.11

Determination of entitlement. (a) States. Except for Federal findings of a Federal military agency or the U.S. Veterans Administration and schedules of remuneration which are final and conclusive under § 614.8 the State agency of a State to which an individual's Federal military service and wages have been assigned under § 614.3 or transferred as provided in § 614.13 promptly shall determine such individual's entitlement to compensation and pay such compensation in the same amount, on the same terms, and subject to the same conditions as the compensation which would be payable to such individual if such service and wages had been included as employment and wages under the State unemployment compensation law.

(b) Virgin Islands. If an individual's Federal military service and wages are assigned under § 614.3 or transferred under § 614.13 to the Virgin Islands the Virgin Islands agency promptly shall determine, subject to § 614.8, the individual's entitlement to compensation, and pay such compensation in the same amount, on the same terms, and subject to the same conditions as would apply to such individual if such service and wages had been included as employment and wages under the District of Columbia Unemployment Compensation Act, except that if an individual, without regard to his Federal military service and wages and Federal civilian service and wages as defined in § 609.1 of this chapter, has employment or wages sufficient to qualify for any compensation during the benefit year under the District of Columbia Unemployment Compensation Act payments of compensation shall be made only on the basis of his Federal military service and wages and Federal civilian service and wages, if any.

§ 614.12 Notice of determination.

A notice of any determination under 8 614.11 shall be given to an individual in the same manner as a notice of determination is given under the State unemployment compensation law. Such notice shall include the Federal findings of any Federal military agency or the Veterans Administration and shall inform the individual of his right to request correction of any such Federal findings.

§ 614.13 Interstate plans.

The Interstate Benefit Payment Plan and the Interstate Arrangement for Combining Employment and Wages (Part 616 of this chapter) shall apply. where appropriate, to individuals filing claims under the UCX program. For these purposes Federal military service and wages shall be considered employment and wages under the unemployment compensation law of the State to which they are assigned or reassigned.

[37 F.R. 25705, Dec. 2, 1972] § 614.14

leave.

Allocation of military accrued

A State agency shall allocate the number of days of unused military accrued leave specified in an individual's military document, for which a lump-sum payment has been made, in the same manner as similar payments by private employers to their employees are allo

cated under the applicable State unemployment compensation law, except that the applicable schedule in § 614.19 shall be used to determine the amount of the individual's Federal military wages after such days are so allocated. In a State in which a private employer has an option as to the period as to which lump-sum leave payments to his employees shall be allocated, the unused military accrued leave payments shall be allocated to the date of the individual's latest discharge or release from Federal military service. If under the State law a private employer's failure to allocate such payments would result in an allocation to a period prior to an employee's separation from employment, however, then allocation of unused military accrued leave similarly shall be made to a period prior to the individual's latest discharge or release from Federal military service. If an individual's Federal military service and wages have been assigned to the Virgin Islands, his lump-sum payment for unused military accrued leave shall constitute wages for the period to which it is allocated under the District of Columbia Unemployment Compensation Act. An allocation under this section shall be disregarded in determining whether an individual has had a period of active service constituting Federal military service as defined in § 614.1(d). [35 F.R. 17400, Nov. 13, 1970]

§ 614.15 Restrictions on entitlement. Notwithstanding § 614.11 no compensation shall be paid to an individual: (a) [Reserved].

(b) For a period with respect to which he receives a subsistence allowance for vocational rehabilitation training under chapter 31 of title 38 of the United States Code (72 Stat. 1171; 38 U.S.C. 15011510);

(c) For a period with respect to which he receives a war orphans' educational assistance allowance under chapter 35 of title 38 of the United States Code (73 Stat. 1193 as amended; 38 U.S.C. 17011778).

[35 F.R. 17400, Nov. 13, 1970] § 614.16 Overpayments.

(a) Fraud. If, after a determination and opportunity for a fair hearing thereon, a State agency or court of competent jurisdiction finds that an exserviceman has received an overpayment of compensation as a result of false statements knowingly made or material