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U.S. Code as of:
01/19/04
Section 355. Claims for benefits
(a) Publication of Board's regulations
Claims for benefits and appeals from determinations with respect
thereto shall be made in accordance with such regulations as the
Board shall prescribe. Each employer shall post and maintain, in
places readily accessible to employees in his service, such printed
statements concerning such regulations as the Board supplies to him
for such purpose, and shall keep available to his employees copies
of such printed statements. Such printed statements shall be
supplied by the Board to each employer without cost to him.
(b) Findings, hearings, investigations, etc., by Board
The Board is authorized and directed to make findings of fact
with respect to any claim for benefits and to make decisions as to
the right of any claimant to benefits. The Board is further
authorized to hold such hearings, to conduct such investigations
and other proceedings, and to establish, by regulations or
otherwise, such procedures as it may deem necessary or proper for
the determination of a right to benefits. When a claim for benefits
is filed with the Board, the Board shall provide notice of such
claim to the claimant's base-year employer or employers and afford
such employer or employers an opportunity to submit information
relevant to the claim before making an initial determination on the
claim. When the Board initially determines to pay benefits to a
claimant under this chapter, the Board shall provide notice of such
determination to the claimant's base-year employer or employers.
(c) Hearing and review of decisions on claims
(1) Each qualified employee whose claim for benefits has been
denied in whole or in part upon an initial determination with
respect thereto upon a basis other than one which is reviewable
pursuant to one of the succeeding paragraphs of this subsection,
shall be granted an opportunity for a fair hearing thereon before a
referee or such other reviewing body as the Board may establish or
assign thereto. In any such case the Board or the person or
reviewing body so established or assigned shall, by publication or
otherwise, notify all parties properly interested of their right to
participate in the hearing and of the time and place of the
hearing.
(2) Any claimant whose claim for benefits has been denied in an
initial determination with respect thereto upon the basis of his
not being a qualified employee, and any claimant who contends that
under an initial determination of his claim he has been awarded
benefits at less than the proper rate, may appeal to the Board for
the review of such determination. Thereupon the Board shall review
the determination and for such review may designate one of its
officers or employees to receive evidence and to report to the
Board thereon together with recommendations. In any such case the
Board or the person so designated shall, by publication or
otherwise, notify all parties properly interested of their right to
participate in the proceeding and, if a hearing is to be held, of
the time and place of the hearing. At the request of any party
properly interested the Board shall provide for a hearing, and may
provide for a hearing on its own motion. The Board shall prescribe
regulations governing the appeals provided for in this paragraph
and for decisions upon such appeal.
(3) Any base-year employer of a claimant whose claim for benefits
has been granted in whole or in part, either in an initial
determination with respect thereto or in a determination after a
hearing pursuant to paragraph (1), and who contends that the
determination is erroneous for a reason or reasons other than a
reason that is reviewable under paragraph (4), may appeal to the
Board for review of such determination. Despite such an appeal, the
benefits awarded shall be paid to such claimant, subject to
recovery by the Board if and to the extent found on the appeal to
have been erroneously awarded. The Board shall take such action as
is appropriate to recover the amount of such benefits including if
feasible adjustment in subsequent payments pursuant to the first
two paragraphs of section 352(d) of this title. Upon an appeal, the
Board shall review the determination appealed from and for such
review may designate one of its officers or employees to receive
evidence and report to the Board thereof together with
recommendations. In any such case the Board or the person so
designated shall, by publication or otherwise, notify all parties
properly interested of their right to participate in the proceeding
and, if a hearing is to be held, of the time and place of the
hearing. At the request of any party properly interested the Board
shall provide for a hearing, and may provide for a hearing on its
own motion. The Board shall prescribe regulations governing the
appeals provided for in this paragraph and for decisions upon such
appeal.
(4) In any case in which benefits are awarded to a claimant in
whole or in part upon the basis of pay earned in the service of a
person or company found by the Board to be an employer as defined
in this chapter but which denies that it is such an employer, such
benefits awarded on such basis shall be paid to such claimant
subject to a right of recovery of such benefits. The Board shall
thereupon designate one of its officers or employees to receive
evidence and to report to the Board on whether such benefits should
be repaid. The Board may also designate one of its officers or
employees to receive evidence and report to the Board whether or
not any person or company is entitled to a refund of contributions
or should be required to pay contributions under this chapter,
regardless of whether or not any claims for benefits will have been
filed upon the basis of service in the employ of such person or
company, and shall follow such procedure if contributions are
assessed and payment is refused or payment is made and a refund
claimed upon the basis that such person or company is or will not
have been liable for such contributions. In any such case the Board
or the person so designated shall, by publication or otherwise,
notify all parties properly interested of their right to
participate in the proceeding and, if a hearing is to be held, of
the time and place of the hearing. At the request of any party
properly interested the Board shall provide for a hearing, and may
provide for a hearing on its own motion. The Board shall prescribe
regulations governing the proceedings provided for in this
paragraph and for decisions upon such proceedings.
(5) Final decision of the Board in the cases provided for in the
preceding three paragraphs shall be communicated to the claimant
and to the other interested parties within fifteen days after it is
made. Any properly interested party notified, as hereinabove
provided, of his right to participate in the proceedings may obtain
a review of any such decision by which he claims to be aggrieved or
the determination of any issue therein in the manner provided in
subsection (f) of this section with respect to the review of the
Board's decisions upon claims for benefits and subject to all
provisions of law applicable to the review of such decisions.
Subject only to such review, the decision of the Board upon all
issues determined in such decision shall be final and conclusive
for all purposes and shall conclusively establish all rights and
obligations, arising under this chapter, of every party notified as
hereinabove provided of his right to participate in the
proceedings.
(6) For purposes of this subsection and subsections (d) and (f)
of this section, any base-year employer of the claimant is a
properly interested party.
(7) Any issue determinable pursuant to this subsection and
subsection (f) of this section shall not be determined in any
manner other than pursuant to this subsection and subsection (f) of
this section.
(d) Decisions of reviewing bodies; review and finality
The Board shall prescribe regulations governing the filing of
cases with and the decision of cases by reviewing bodies, and the
review of such decisions. The Board may provide for intermediate
reviews of such decisions by such bodies as the Board may establish
or assign thereto. The Board may (i) on its own motion review a
decision of an intermediate reviewing body on the basis of the
evidence previously submitted in such case, and may direct the
taking of additional evidence, or (ii) permit such parties as it
finds properly interested in the proceedings to take appeals to the
Board. Unless a review or an appeal is had pursuant to this
subsection, the decision of an intermediate reviewing body shall,
subject to such regulations as the Board may prescribe, be deemed
to be the final decision of the Board.
(e) Application of rules of evidence in law and equity; notice of
findings
In any proceeding other than a court proceeding, the rules of
evidence prevailing in courts of law or equity shall not be
controlling, but a full and complete record shall be kept of all
proceedings and testimony, and the Board's final determination,
together with its findings of fact and conclusions of law in
connection therewith, shall be communicated to the parties within
fifteen days after the date of such final determination.
(f) Review of final decision of Board by Courts of Appeals; costs
Any claimant, or any railway labor organization organized in
accordance with the provisions of the Railway Labor Act [45 U.S.C.
151 et seq.], of which claimant is a member, or any base-year
employer of the claimant, or any other party aggrieved by a final
decision under subsection (c) of this section, may, only after all
administrative remedies within the Board will have been availed of
and exhausted, obtain a review of any final decision of the Board
by filing a petition for review within ninety days after the
mailing of notice of such decision to the claimant or other party,
or within such further time as the Board may allow, in the United
States court of appeals for the circuit in which the claimant or
other party resides or will have had his principal place of
business or principal executive office, or in the United States
Court of Appeals for the Seventh Circuit or in the United States
Court of Appeals for the District of Columbia. A copy of such
petition, together with initial process, shall forth-with be served
upon the Board or any officer designated by it for such purpose. A
copy of such petition also shall forthwith be served upon any other
properly interested party, and such party shall be a party to the
review proceeding. Service may be made upon the Board by registered
mail addressed to the Chairman. Within thirty days after receipt of
service, or within such additional time as the court may allow, the
Board shall file with the court in which such petition has been
filed the record upon which the findings and decision complained of
are based, as provided in section 2112 of title 28. Upon the filing
of such petition the court shall have exclusive jurisdiction of the
proceeding and of the question determined therein. It shall have
power to enter a decree affirming, modifying, or reversing the
decision of the Board, with or without remanding the cause for
rehearing. The findings of the Board as to the facts, if supported
by evidence and in the absence of fraud, shall be conclusive. No
additional evidence shall be received by the court but the court
may order additional evidence to be taken before the Board, and the
Board may, after hearing such additional evidence, modify its
findings of fact and conclusions and file such additional or
modified findings and conclusions with the court, and the Board
shall file with the court the additional record. The judgment and
decree of the court shall be final, subject to review as in equity
cases.
An applicant for review of a final decision of the Board
concerning a claim for benefits shall not be liable for costs,
including costs of service, or costs of printing records, except
that costs may be assessed by the court against such applicant if
the court determines that the proceedings for such review have been
instituted or continued without reasonable ground.
(g) Finality of Board decisions
Findings of fact and conclusions of law of the Board in the
determination of any claim for benefits or refund, the
determination of any other matter pursuant to subsection (c) of
this section, and the determination of the Board that the
unexpended funds in the account are available for the payment of
any claim for benefits or refund under this chapter, shall be,
except as provided in subsection (f) of this section, binding and
conclusive for all purposes and upon all persons, including the
Comptroller General and any other administrative or accounting
officer, employee, or agent of the United States, and shall not be
subject to review in any manner other than that set forth in
subsection (f) of this section.
(h) Benefits payable prior to final decision of Board
Except as may be otherwise prescribed by regulations of the
Board, benefits payable with respect to any period prior to the
date of a final decision of the Board with respect to a claim
therefor, shall be paid only after such final decision.
(i) Fees for presenting claims; penalties
No claimant or other properly interested person claiming benefits
shall be charged fees of any kind by the Board, its employees or
representatives, with respect to such claim. Any such claimant or
other properly interested person may be represented by counsel or
other duly authorized agent, in any proceeding before the Board or
its representatives or a court, but no such counsel or agent for a
claimant shall either charge or receive for such services more than
an amount approved by the Board or by the court before whom the
proceedings of the Board are reviewed. Any person who violates any
provision of this subsection shall be punished by a fine of not
more than $10,000 or by imprisonment not exceeding one year.
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