
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC355]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 11--RAILROAD UNEMPLOYMENT INSURANCE
 
Sec. 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.

(June 25, 1938, ch. 680, Sec. 5, 52 Stat. 1099; Oct. 10, 1940, ch. 842, 
Secs. 19, 20, 54 Stat. 1098; July 31, 1946, ch. 709, Secs. 311-316, 60 
Stat. 738; June 25, 1948, ch. 646, Secs. 1, 32(a), 62 Stat. 870, 991; 
May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 85-791, Sec. 23, 
Aug. 28, 1958, 72 Stat. 948; Pub. L. 97-35, title XI, Sec. 1128(a), Aug. 
13, 1981, 95 Stat. 641; Pub. L. 98-620, title IV, Sec. 402(47), Nov. 8, 
1984, 98 Stat. 3360; Pub. L. 100-647, title VII, Sec. 7104(a)-(c), Nov. 
10, 1988, 102 Stat. 3771.)

                       References in Text

    The Railway Labor Act, referred to in subsec. (f), is act May 20, 
1926, ch. 347, 44 Stat. 577, as amended, which is classified principally 
to chapter 8 (Sec. 151 et seq.) of this title. For complete 
classification of this Act to the Code, see section 151 of this title 
and Tables.

                          Codification

    In subsec. (f), ``Courts of Appeals'', ``United States court of 
appeals for the circuit'', ``United States Court of Appeals for the 
Seventh Circuit'' substituted for ``Circuit Courts of Appeals'', 
``United States circuit court of appeals for the circuit'', and ``United 
States Circuit Court of Appeals for the Seventh Circuit'', respectively, 
on authority of act June 25, 1948, Sec. 32(a), as amended by act May 24, 
1949, Sec. 127. ``United States Court of Appeals for the District of 
Columbia'' substituted for ``Court of Appeals for the District of 
Columbia'' pursuant to act June 7, 1934, ch. 426, 48 Stat. 926.


                               Amendments

    1988--Subsec. (b). Pub. L. 100-647, Sec. 7104(a), inserted at end 
``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.''
    Subsec. (c)(1). Pub. L. 100-647, Sec. 7401(b)(1), (2), inserted 
``(1)'' after ``(c)'' and inserted at end ``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.''
    Subsec. (c)(2). Pub. L. 100-647, Sec. 7104(b)(3), inserted ``(2)'' 
before ``Any claimant whose claim''.
    Subsec. (c)(3). Pub. L. 100-647, Sec. 7104(b)(4), added par. (3).
    Subsec. (c)(4). Pub. L. 100-647, Sec. 7104(b)(5), inserted ``(4)'' 
before ``In any case in which''.
    Subsec. (c)(5). Pub. L. 100-647, Sec. 7104(b)(6), (7), inserted 
``(5)'' before ``Final decision of the Board'' and substituted 
``preceding three paragraphs'' for ``preceding two paragraphs''.
    Subsec. (c)(6). Pub. L. 100-647, Sec. 7104(b)(8), added par. (6).
    Subsec. (c)(7). Pub. L. 100-647, Sec. 7104(b)(9), inserted ``(7)'' 
before ``Any issue determinable''.
    Subsec. (f). Pub. L. 100-647, Sec. 7104(c), inserted ``or any base-
year employer of the claimant,'' after ``member,'' and inserted after 
second sentence ``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.''
    1984--Subsec. (f). Pub. L. 98-620 struck out provision requiring 
court to give precedence in adjudication of petition over all other 
civil cases not otherwise entitled by law to precedence.
    1981--Subsec. (f). Pub. L. 97-35 substituted ``Within thirty days'' 
for ``Within fifteen days''.
    1958--Subsec. (f). Pub. L. 85-791, in fourth sentence, struck out 
``certify and'' after ``shall'' and ``a transcript of'' after ``filed'', 
and inserted ``as provided in section 2112 of title 28''; in fifth 
sentence, substituted ``the filing of such petition'' for ``such 
filing''; in sixth sentence, struck out ``upon the pleadings and 
transcript of the record,'' after ``enter''; and in eighth sentence 
struck out ``a transcript of'' before ``the additional record''.
    1946--Subsec. (c). Act July 31, 1946, Sec. 311, struck out 
provisions for district boards, placing their functions in referees or 
such other reviewing bodies as Board may establish; changed third par. 
to allow Board to determine if a person or company is covered by this 
chapter regardless of whether or not benefit claims are pending; and 
added last par.
    Subsec. (d). Act July 31, 1946, Sec. 312, changed references to 
district boards to refer to reviewing bodies.
    Subsec. (e). Act July 31, 1946, Sec. 313, struck out provisions 
restricting subsection to proceedings on a claim for benefits.
    Subsec. (f). Act July 31, 1946, Sec. 314, changed first sentence to 
provide for review by circuit courts of appeals instead of district 
courts.
    Subsec. (g). Act July 31, 1946, Sec. 315, inserted reference to 
determination of any other matter pursuant to subsec. (c) of this 
section.
    Subsec. (i). Act July 31, 1946, Sec. 316, extended provisions to 
other properly interested persons besides a claimant.
    1940--Subsec. (c). Act Oct. 10, 1940, substituted provisions 
relating to a fair hearing for each qualified employee for provisions 
relating to a fair hearing for each claimant, and added paragraphs 
relating to review for claimants denied benefits on basis of not being a 
qualified employee or awarded benefits at an improper rate, payment of 
benefits to employees of noncomplying employers, and final decisions of 
Board.


                    Effective Date of 1988 Amendment

    Section 7104(f) of Pub. L. 100-647 provided that: ``The amendments 
made by this section [amending this section and section 362 of this 
title] shall take effect on January 1, 1990.''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 
8, 1984, see section 403 of Pub. L. 98-620, set out as a note under 
section 1657 of Title 28, Judiciary and Judicial Procedure.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, and applicable 
only with respect to annuities awarded on or after that date, see 
section 1129 of Pub. L. 97-35, set out as a note under section 231 of 
this title.


                    Effective Date of 1946 Amendment

    Amendment by act July 31, 1946, effective July 31, 1946, see section 
401 of act July 31, 1946.


                    Effective Date of 1940 Amendment

    For effective date of amendment by act Oct. 10, 1940, see section 1 
of act Oct. 10, 1940, set out as a note under section 351 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 362 of this title.
