Page:United States Statutes at Large Volume 102 Part 4.djvu/801

 PUBLIC LAW 100-647—NOV. 10, 1988

102 STAT. 3771

SEC 7104. NOTIFICATION TO EMPLOYER. (a) I N CONNECTION WITH CLAIM.—Section 5(b) is amended by

45 USC 355.

adding at the end thereof the following: "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 Act, the Board shall provide notice of such determination to the claimant's base-year employer or employers.". (b) I N CONNECTION WITH ADMINISTRATIVE REVIEW.—Section 5(c) is

amended— (1) by inserting "(1)" after "(c)"; (2) by inserting at the end of the first paragraph the following: "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."; (3) by inserting "(2)" at the beginning of the second paragraph; (4) by inserting after the second paragraph the following: "(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 claimEmt, 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 fii^t two paragraphs of section 2(d) of this Act. 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 r^ula- Regulations. tions governing the appeals provided for in this paragraph and for decisions upon such appeal."; (5) by inserting "(4)" at the beginning of the third paragraph; (6) by inserting "(5)^' at the beginning of the fourth paragraph; (7) by striking out "two" in the firat sentence of the fourth paragraph and inserting in lieu thereof "three"; (8) by inserting before the final paragraph the following: "(6) For purposes of this subsection and subsections (d) and (f), anv base-year employer of the claimant is a properly inter^tted party.'; and (9) by inserting "(7)" at the beginning of the final paragraph. (c)

I N CONNECTION WITH JUDICIAL REVIEW.—Section 5(f)

amended—

is

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