[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Proposed Rules]
[Pages 73175-73176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23607]


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RAILROAD RETIREMENT BOARD

20 CFR Parts 260 and 320

RIN 3220-AB59


Requests for Reconsideration and Appeals Within the Board

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board (Board) proposes to amend its 
regulations to include video teleconferencing as an option for hearings 
of appeals under the Railroad Retirement Act and Railroad Unemployment 
Insurance Act. The Board's hearings officers will determine if a 
hearing should be scheduled using this option, rather than a telephone 
conference call hearing or an in person hearing.

DATES: Submit comments on or before February 7, 2006.

ADDRESSES: Address any comments concerning this proposed rule to 
Beatrice Ezerski, Secretary to the Board, Railroad Retirement Board, 
844 North Rush Street, Chicago, Illinois 60611-2092.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant 
General Counsel, (312) 751-4945, TTD (312) 751-4701.

SUPPLEMENTARY INFORMATION: Part 260 of the Board's regulations deals 
generally with administrative review of denials of claims or requests 
for waiver of recovery of overpayments under the Railroad Retirement 
Act (RRA). Part 320 deals with the same matters under the Railroad 
Unemployment Insurance Act (RUIA). The Board proposes to amend these 
parts to state that, at the discretion of the hearings officer, 
hearings held during the appeal process may be conducted in person, by 
telephone conference call, or by video teleconferencing. Previously, 
the regulations only allowed for hearings to be held in person or by 
telephone conference call.
    Specifically, the Board proposes to amend Sec. Sec.  260.5(i) and 
320.22 to state that a proposed hearing may be held in person, by 
telephone conference call, or by video teleconferencing. These sections 
also state that if an individual objects to having a hearing by video 
teleconferencing, the hearings officer will find the individual had 
good cause for objecting to the time or place of the hearing and will 
reschedule the individual for either a telephone or an in person 
hearing for the appeal. The regulation also amends sections 260.5(l) 
and 320.25 to state that the hearings officer determines whether a 
hearing is scheduled for a telephone conference call, video 
teleconferencing, or in person.
    The Board, with the concurrence of the Office of Management and 
Budget, has determined that this is not a significant regulatory action 
under Executive Order 12866. Therefore, no regulatory impact analysis 
is required. There are no changes to the information collections 
associated with parts 260 and 320.

List of Subjects

20 CFR Part 260

    Administrative practice and procedure, Claims, Railroad retirement, 
Reporting and recordkeeping requirements.

20 CFR Part 320

    Administrative practice and procedure, Claims, Railroad 
unemployment insurance, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, the Railroad Retirement 
Board proposes to amend title 20, chapter II, subchapter B, part 260, 
and

[[Page 73176]]

subchapter C, part 320 of the Code of Federal Regulations as follows:

PART 260--REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD

    1. The authority citation for part 260 continues to read as 
follows:

    Authority: 45 U.S.C. 231f; 45 U.S.C. 231g; 45 U.S.C. 355.

    2. Revise paragraphs (i)(1), (i)(3) and (l) of Sec.  260.5 to read 
as follows:


Sec.  260.5  Appeal from a reconsideration decision.

* * * * *
    (i) Conduct of an oral hearing. (1) In any case in which an oral 
hearing is to be held, the hearings officer shall schedule a time and 
place for the conduct of the hearing. At the discretion of the hearings 
officer, any hearing required under this part may be held in person, by 
telephone conference call, or by video teleconferencing as described in 
Sec.  260.5(l). The hearing shall not be open to the public. The 
hearings officer shall promptly notify by mail the party or parties to 
the proceeding as to the time and place for the hearing. The notice 
shall include a statement of the specific issues involved in the case. 
The hearings officer shall make every effort to hold the hearing within 
150 days after the date the appeal is filed.
* * * * *
    (3) The hearings officer shall rule on any objection timely filed 
by a party under paragraph (i) of this section and shall notify the 
party of his or her ruling thereon. The hearings officer may for good 
cause shown, or upon his or her own motion, reschedule the time and/or 
place of the hearing. If an individual objects to having a hearing by 
video teleconferencing, the hearings officer will find the individual's 
wish not to appear by video teleconferencing to be a good reason for 
changing the time or place of the scheduled hearing and will reschedule 
the hearing for a time or place where either a telephone conference 
call or an in person hearing will be held. The hearings officer may 
also limit or expand the issues to be resolved at the hearing.
* * * * *
    (l) Hearing by telephone or video teleconferencing. As stated in 
paragraph (i)(1) of this section, at the discretion of the hearings 
officer, any hearing required under this part may be conducted in 
person, by telephone conference call, or by video teleconferencing. The 
hearings officer may determine the hearing should be conducted by 
telephone conference call or video teleconferencing if use of these 
methods would be more efficient than conducting an in-person hearing 
and the hearings officer does not determine that there is a 
circumstance in the particular case preventing the use of these 
methodologies to conduct the hearing.

PART 320--INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 
INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS

    3. The authority citation for part 320 continues to read as 
follows:

    Authority: 45 U.S.C. 355 and 362(l).

    4. Add a new first sentence to paragraph (a) and revise paragraph 
(c) of Sec.  320.22 to read as follows:


Sec.  320.22  Notice of hearing.

    (a) Notification of parties. At the discretion of the hearings 
officer, any hearing required under this part may be held in person, by 
telephone conference call, or by video teleconferencing as described in 
Sec.  320.25(d). * * *
* * * * *
    (c) Ruling on objection. The hearings officer shall rule on any 
objection timely filed by a party under this section and shall notify 
the party of his or her ruling thereon. The hearings officer may for 
good cause shown, or upon his or her own motion, reschedule the time 
and/or place of the hearing. If an individual objects to having a 
hearing by video teleconferencing, the hearings officer will find the 
individual's wish not to appear by video teleconferencing to be a good 
reason for changing the time or place of the scheduled hearing and will 
reschedule the hearing for a time or place where a telephone conference 
call or an in person hearing will be held. The hearings officer also 
may limit or expand the issues to be resolved at the hearing.
* * * * *
    5. Revise Sec.  320.25(d) to read as follows:


Sec.  320.25  Hearing of appeal.

* * * * *
    (d) Hearing by telephone or video teleconferencing. As stated in 
Sec.  320.22(a), at the discretion of the hearings officer, any hearing 
required under this part may be conducted in person, by telephone 
conference call, or by video teleconferencing. The hearings officer may 
determine the hearing should be conducted by telephone conference call 
or video teleconferencing if use of these methods would be more 
efficient than conducting an in person hearing and the hearings officer 
does not determine that there is a circumstance in the particular case 
preventing the use of these methodologies to conduct the hearing.

    Dated: November 30, 2005.

    By authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 05-23607 Filed 12-8-05; 8:45 am]
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