« AnteriorContinuar »
lowances, relocation allowances, and sub- Notice of any determination shall be sistence and transportation expenses. given to the worker by delivering the
(2) In determining the issues raised notice to him personally or by mailing with respect to entitlement to, or amount it to his last-known address. of, trade readjustment allowances, relo- [28 F.R. 5515, June 5, 1963, as amended, 28 cation allowances, subsistence and trans- F.R. 8793, July 13, 1965) portation expenses (or in reconsidering
8 91.28 Reconsideration and review. or reviewing such issues pursuant to § 91.28), the substantive provisions of
(a) State agency. (1) Any deterthe Act and the regulations of this
mination by a State agency made purpart shall govern, but as to matters not suant to § 91.27(a) may be reconsidered otherwise specifically provided for in the
by the agency and may be appealed by Act or the regulations of this part,
the applicant or by any other interested State Lis mu shall be applicable, including party under the applicable State law the procedural requirements of such law,
to the State administrative appeal triexcept insofar as such law is inconsistent
bunals. Further appeal to State courts with the Act or these regulations or the
may be taken if there is an issue in the purposes of the Act or the regulations appeal arising from the provisions of of this part.
State law made applicable to an ad(b) (1) The training facility shall de
versely affected worker by the Act or termine with respect to an adversely af
the regulations of this part. The appeal fected worker who is taking training
procedures pertaining to unemployment provided under the Manpower Develop
insurance provided under State law ment and Training Act of 1962 (i)
shall apply to appeals taken under this whether such worker is making satis- paragraph. State administrative appeal factory progress and, if not, whether
tribunals shall request the Secretary for there is good cause for his failure to do
an interpretation of any provision of the so, and (ii) whether such worker has Act or the regulations of this part other been absent without good cause during a
than provisions of State law made appliweek of tra ing When the training cable to an adversely affected worker by facility determines that the adversely
the Act or the regulations of this part. affected worker has failed to make satis
(2) The State agency shall notify the factory progress without good cause, or
Secretary immediately upon its receipt of has been absent without good cause dur
a notice of appeal to any court, and shall ing a week of training, it shall promptly
transmit to him with such notification certify its determination in such respect a copy of the determination appealed to the State agency.
from. (2) The training facility shall deter- (b) Training facility. A determinamine with respect to an adversely af- tion made by a training facility which is fected worker who is undergoing train- required to meet the standards and ing (other than training provided under policies prescribed by the Secretary of the Manpower Development and Train
Health, Education, and Welfare may be ing Act of 1962), whether such worker
reconsidered or reviewed by the facility is making satisfactory progress; and if
in accordance with its rules and regulanot, it shall promptly certify its deter
tions. A determination made by a mination to the State agency.
training facility (on-the-job) which is (3) The State agency will furnish in- required to meet the standards and structions and forms for use by the train
policies prescribed by the Secretary may ing facility in making determinations
be reconsidered or reviewed by the facilunder this paragraph.
ity in accordance with such standards (c) A State agency shall give notice
and policies. The State agency shall in writing to the worker of any deter
arrange with any other training facility mination unde paragraph (a) of this appropriate procedures for the recon
sideration or review of a determination section affecting him made by it or by the training facility under the Act or
made by any such other training facility. the regulations of this part. When the
All determinations made upon recondetermination affects payment under the
sideration or review shall be final and Act or the regulations of this part, it shall
conclusive. state the reasons for the denial of any
(c) Review by the Secretary. Where such payment. Every notice under this an appeal to the State courts is not prosubsection shall advise the worker of his vided for by paragraph (a) of this right to reconsideration or review. section or the State court refused to take jurisdiction of an appeal, the Secretary occurring after January 18, 1966, and may, upon the petition of an applicant or shall be payable retroactively as proa State agency, review a decision of the vided in § 92.6 for relocations occurring State administrative appeal tribunal after January 17, 1965, and before Janhaving final jurisdiction of appeals taken uary 19, 1966. under State law. Such a petition to the (c) Supplemental payments. SupSecretary shall be filed within 30 days plemental assistance-subsistence payaf notice of the decision of the State ments and supplemental assistanceadministrative appeal tribunal having transportation payments shall be payfinal jurisdiction of appeals taken under able to qualified dislocated workers for State law has been sent to the parties weeks of training beginning after Janor notice of the Court's refusal to take
uary 18, 1966. jurisdiction of an appeal, as the case may be. Upon review, the Secretary may
$ 92.2 Applicability of Part 91 to dis
located workers. affirm, modify, or reverse the decision or take other action he deems appro- Except where inconsistent with this priate. The Secretary may on his own part, the provisions of Part 91 of this motion review any determination made chapter shall apply to a dislocated under the Act or the regulations of worker as if he were an adversely afthis part where review is not otherwise fected worker as defined in $ 91.1(c) of provided for under the regulations of this chapter. Dislocated employment this part, and if upon such review he shall be deemed adversely affected emdetermines the action was inconsistent ployment as defined in § 91.1(b) of this with the rules, regulations or procedures chapter. promulgated, he may require an appropriate modification of such determina
$ 92.3 Definitions. tion or action. The decision of the As used in this part, except where the Secretary shall be final and conclusive. context clearly indicates otherwise, the
termPART 92-ADJUSTMENT ASSISTANCE
(a) “Adjustment assistance" means FOR WORKERS AFTER CERTIFICA
the worker assistance provided by title
DII, chapter 3, of the Trade Expansion TION UNDER AUTOMOTIVE PROD
Act of 1962. UCTS TRADE ACT OF 1965
(b) “Automotive Act" means the AuSec.
tomotive Products Trade Act of 1965, 92.1 Effective date of program.
Public Law 89-283. 92.2 Applicability of Part 411 to dislocated (c) "Board" means the Automotive workers.
Agreement Adjustment Assistance Board 92.3 Definitions.
established by Executive Order 11254 of 92.4 Qualifications.
1965 to carry out the functions conferred 92.5 Retroactive payment of trade readjustment allowances.
on the President by section 302 of the 92.6 Relocation allowances.
(d) “Certification” means a certificaAUTHORITY: The provisions of this part 92 issued under secs. 201-405, 79 Stat. 1016;
tion of a final determination by the Board 19 U.S.C. 2011-2024.
under section 302 of the Automotive Act SOURCE: The provisions of this part 92 ap
that a group of workers is eligible to pear at 31 F.R. 826, Jan. 21, 1966. Redesig- apply for adjustment assistance. nated at 33 F.R. 20039, Dec. 31, 1968.
(e) "Dislocated employment" means $ 92.1 Effective date of program.
employment in a firm or appropriate sub
division of a firm if a certification has (a) Trade readjustment allowances.
been made that workers of such firm or Trade readjustment allowances shall be
subdivision of a firm are eligible to apply payable to qualified dislocated workers for weeks of unemployment beginning
for adjustment assistance. after January 18, 1966, and shall be pay
(f) "Dislocated worker" means (1) an able retroactively as provided in $ 92.5
individual who has been partially or for weeks of unemployment beginning
totally separated from dislocated emafter January 17, 1965, and before Jan
ployment because of lack of work in such uary 19, 1966.
employment or (2) an individual who (b) Relocation allowances. Reloca- has been totally separated from a firm tion allowances shall be payable to quali- because of lack of work which results fied dislocated workers for relocations from lack of work in dislocated employ
ment in a subdivision of such firm other than that in which he was last employed.
(g) "Impact date” means the date on which a dislocation began or threatens to begin as specified in a certification with respect to a group of workers pursuant to section 302(g) (1) of the Automotive Act. $ 92.4 Qualifications.
To qualify for trade readjustment allowances under the Automotive Act, a worker must meet each of the following requirements:
(a) He must make an application for a trade readjustment allowance in accordance with instructions and on form furnished by the Secretary which shall be furnished to the worker by the State agency.
(b) He must be a dislocated worker.
(c) His partial or total separation must have occurred
(1) After January 17, 1965, and
(2) After the impact date specified in the applicable certification; but
(3) Before the expiration of the 2year period following the date on which the most recent applicable certification was made, and
(4) Before the termination date, if any, specified pursuant to section 302(g) of the Automotive Act.
(d) He must have been employed within the qualifying period specified in § 91.1(w) of this chapter
(1) In at least 78 weeks at wages of at least $15 in each of such weeks, and
(2) In at least 26 weeks out of the last 52 calendar weeks in such period at wages of at least $15 in each of such weeks in a firm or firms with respect to which a certification of dislocation has been made under section 302 of the Automotive Act. For the purpose of meeting this requirement weeks in adversely affected employment may be combined with weeks in dislocated employment. Evidence that a worker has met the requirements of this section shall be obtained in accordance with § 91.4 of this chapter. $ 92.5
Retroactive payment of trade readjustment allowances. (a) Trade readjustment allowances are payable retroactively for weeks of unemployment beginning after January 17, 1965, and before January 19, 1966, to qualified dislocated workers as hereinbelow provided.
(1) The State agency shall pay such retroactive allowances for weeks with respect to which the dislocated worker received unemployment insurance or for weeks with respect to which he was denied unemployment insurance for the reason only that he was taking training approved by the State agency.
(2) The State agency shall pay such retroactive allowances for weeks other than those covered by subparagraph (1) of this paragraph if the dislocated worker submits a written statement certified to be true to the best of his knowledge and belief, and the State agency determines on the basis of the information contained in such statement, State agency records, or other reasonably available information that he is entitled to such allowances. In this connection, the statement shall include information with respect to each such week as to (1) his unemployment, and if he worked, for whom, how much he was paid, and the reason for the termination of his employment; and (ii) his ability to work, availability for work, and what steps he took to obtain work. The statement shall include also any other information requested by the State agency necessary to determine whether the dislocated worker is otherwise entitled to such allowances. If the State agency finds that he took such steps to obtain work as a reasonable man would take in his circumstances, he shall be deemed to have been available for work.
(3) The State agency shall not apply State law provisions regarding claimant reporting, registration for work, or search for work for any week to which subparagraphs (1) and (2) of this paragraph are applicable.
(b) This section shall not be deemed to preclude payment to a dislocated worker to trade readjustment allowances on a retroactive basis for weeks of unemployment beginning after January 19, 1966, in cases where an adversely affected worker would be entitled to such payment. $ 92.6 Relocation allowances.
(a) Relocation allowances may be granted to qualified dislocated workers subject to the terms and conditions set forth $$ 91.18, 91.25 of this chapter, except that with respect to relocations occurring after January 17, 1965, and before January 19, 1966, $$ 91.18(d), (e), and (g), 91.19, 91.20 and 91.24 shali not apply.
(b) A relocation allowance shall be granted retroactively to a dislocated worker for a relocation occurring after January 17, 1965, and before January 19, 1966, if
(1) He had at the time of relocation no reasonable prospect of obtaining suitable employment in the commuting area of his former place of residence. In determining whether a worker has met this requirement the opinion of the director of the employment service of the State in which the commuting area of the worker's former place of residence is located shall be taken into account.
(2) He relocated because he obtained suitable employment affording a reason
able expectation of long-term duration in the area in which he relocated, or relocated in reliance upon an adequately. substantiated bona fide offer of such employment and failed to obtain such employment by reason of circumstances outside of his control.
(3) The relocation was completed to the extent provided by $ 91.25(d) of this chapter.
(4) He can present reasonable substantiation of the costs of the relocation
(c) In determining the amount pay. able retroactively as a relocation allowance the limitations of $$ 91.21, 91.22, and 91.23 of this chapter shall apply.