lowances, relocation allowances, and subsistence and transportation expenses.

(2) In determining the issues raised with respect to entitlement to, or amount of, trade readjustment allowances, relocation allowances, subsistence and transportation expenses (or in reconsidering or reviewing such issues pursuant to § 91.28), the substantive provisions of the Act and the regulations of this part shall govern, but as to matters not otherwise specifically provided for in the Act or the regulations of this part, State shall be applicable, including the procedural requirements of such law, except insofar as such law is inconsistent with the Act or these regulations or the purposes of the Act or the regulations of this part.

(b) (1) The training facility shall determine with respect to an adversely affected worker who is taking training provided under the Manpower Development and Training Act of 1962 (i) whether such worker is making satisfactory progress and, if not, whether there is good cause for his failure to do so, and (ii) whether such worker has been absent without good cause during a week of training. When the training facility determines that the adversely affected worker has failed to make satisfactory progress without good cause, or has been absent without good cause during a week of training, it shall promptly certify its determination in such respect to the State agency.

(2) The training facility shall determine with respect to an adversely affected worker who is undergoing training (other than training provided under the Manpower Development and Training Act of 1962), whether such worker is making satisfactory progress; and if not, it shall promptly certify its determination to the State agency.

(3) The State agency will furnish instructions and forms for use by the training facility in making determinations under this paragraph.

(c) A State agency shall give notice in writing to the worker of any determination under paragraph (a) of this section affecting him made by it or by the training facility under the Act or the regulations of this part. When the determination affects payment under the Act or the regulations of this part, it shall state the reasons for the denial of any such payment. Every notice under this subsection shall advise the worker of his right to reconsideration or review.

Notice of any determination shall be given to the worker by delivering the notice to him personally or by mailing it to his last-known address.

[28 F.R. 5515, June 5, 1963, as amended, 28 F.R. 8793, July 13, 1965]

§ 91.28 Reconsideration and review.

(a) State agency. (1) Any determination by a State agency made pursuant to § 91.27(a) may be reconsidered by the agency and may be appealed by the applicant or by any other interested party under the applicable State law to the State administrative appeal tribunals. Further appeal to State courts may be taken if there is an issue in the appeal arising from the provisions of State law made applicable to an adversely affected worker by the Act or the regulations of this part. The appeal procedures pertaining to unemployment insurance provided under State law shall apply to appeals taken under this paragraph. State administrative appeal tribunals shall request the Secretary for an interpretation of any provision of the Act or the regulations of this part other than provisions of State law made applicable to an adversely affected worker by the Act or the regulations of this part.

(2) The State agency shall notify the Secretary immediately upon its receipt of a notice of appeal to any court, and shall transmit to him with such notification a copy of the determination appealed from.

(b) Training facility. A determination made by a training facility which is required to meet the standards and policies prescribed by the Secretary of Health, Education, and Welfare may be reconsidered or reviewed by the facility in accordance with its rules and regulations. A determination made by a training facility (on-the-job) which is required to meet the standards and policies prescribed by the Secretary may be reconsidered or reviewed by the facility in accordance with such standards and policies. The State agency shall arrange with any other training facility appropriate procedures for the reconsideration or review of a determination made by any such other training facility. All determinations made upon reconsideration or review shall be final and conclusive.

(c) Review by the Secretary. Where an appeal to the State courts is not provided for by paragraph (a) of this section or the State court refused to take

jurisdiction of an appeal, the Secretary may, upon the petition of an applicant or a State agency, review a decision of the State administrative appeal tribunal having final jurisdiction of appeals taken under State law. Such a petition to the Secretary shall be filed within 30 days after notice of the decision of the State administrative appeal tribunal having final jurisdiction of appeals taken under State law has been sent to the parties or notice of the Court's refusal to take jurisdiction of an appeal, as the case may be. Upon review, the Secretary may affirm, modify, or reverse the decision or take other action he deems appropriate. The Secretary may on his own motion review any determination made under the Act or the regulations of this part where review is not otherwise provided for under the regulations of this part, and if upon such review he determines the action was inconsistent with the rules, regulations or procedures promulgated, he may require an appropriate modification of such determination or action. The decision of the Secretary shall be final and conclusive.

occurring after January 18, 1966, and shall be payable retroactively as provided in § 92.6 for relocations occurring after January 17, 1965, and before January 19, 1966.

(c) Supplemental payments. Supplemental assistance-subsistence payments and supplemental assistancetransportation payments shall be payable to qualified dislocated workers for weeks of training beginning after January 18, 1966.

§ 92.2 Applicability of Part 91 to dislocated workers.

Except where inconsistent with this part, the provisions of Part 91 of this chapter shall apply to a dislocated worker as if he were an adversely affected worker as defined in § 91.1(c) of this chapter. Dislocated employment shall be deemed adversely affected employment as defined in § 91.1(b) of this chapter.

As used in this part, except where the context clearly indicates otherwise, the term

(a) “Adjustment assistance" means the worker assistance provided by title III, chapter 3, of the Trade Expansion Act of 1962.

(b) "Automotive Act" means the Automotive Products Trade Act of 1965, Public Law 89-283.

(c) "Board" means the Automotive Agreement Adjustment Assistance Board established by Executive Order 11254 of 1965 to carry out the functions conferred on the President by section 302 of the Automotive Act.

(d) "Certification” means a certification of a final determination by the Board under section 302 of the Automotive Act that a group of workers is eligible to apply for adjustment assistance.

(e) "Dislocated employment" means employment in a firm or appropriate subdivision of a firm if a certification has been made that workers of such firm or subdivision of a firm are eligible to apply for adjustment assistance.

(f) "Dislocated worker" means (1) an individual who has been partially or totally separated from dislocated employment because of lack of work in such employment or (2) an individual who has been totally separated from a firm because of lack of work which results 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 shall 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 adequatelysubstantiated 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 payable retroactively as a relocation allowance the limitations of §§ 91.21, 91.22, and 91.23 of this chapter shall apply.