(a) Determinations of first claim. Except for findings of a Federal
military agency and the applicable Schedule of Remuneration which are
final and conclusive under Sec. 614.23, the State agency whose State law
applies to an individual under Sec. 614.8 shall, promptly upon the
filing of a first claim for UCX, determine whether the individual is
otherwise eligible, and, if the individual is found to be eligible, the
individual's benefit year and the weekly and maximum amounts of UCX
payable to the individual.
(b) Determinations of weekly claims. The State agency promptly
shall, upon the filing of a claim for a payment of UCX or waiting period
credit with respect to a week, determine whether the individual is
entitled to a payment of UCX or waiting period credit respect to such
week, and, if entitled, the amount of UCX or waiting period credit to
which the individual is entitled.
(c) Redetermination. The provisions of the applicable State law
concerning the right to request, or authority to undertake,
reconsideration of a determination pertaining to State unemployment
compensation under the applicable State law shall apply to
determinations pertaining to UCX.
(d) Notices to individual and Federal military agency. (1) The State
agency promptly shall give notice in writing to the individual of any
determination or redetermination of a first claim, and, except as may be
authorized under paragraph (g) of this section, of any determination or
redetermination of any weekly claim which denies UCX or waiting period
credit or reduces the weekly amount or maximum amount initially
determined to be payable. Each notice of determination or
redetermination shall include such information regarding the
determination or redetermination and notice of right to reconsideration
or appeal, or both, as is furnished with written notices of
determinations and redeterminations with respect to claims for State
unemployment compensation. Such notice shall include the findings of any
Federal military agency utilized in making the determination or
redetermination, and shall inform the individual of the finality of
Federal findings and the individual's right to request correction of
such findings as is provided in Sec. 614.22.
(2) A notice of claim filing and subsequent notices of monetary and
nonmonetary determinations on a UCX claim shall be sent to each Federal
military agency for which the individual performed Federal military
service during the appropriate base period, together with notice of
appeal rights of the Federal military agency to the same extent that
chargeable employers are given such notices under State law and practice
unless an alternate mechanism is established by the Department of Labor
in lieu of such notices.
(e) Obtaining information for claim determinations. (1) Information
required for the determination of claims for UCX shall be obtained by
the State agency from claimants, employers, and others, in the same
manner as information is obtained for claim purposes under the
applicable State law, but Federal military findings shall be obtained
from military documents, the applicable Schedule of Remuneration, and
from Federal military agencies as prescribed in Secs. 614.21 through
614.24.
(f) Promptness. Full payment of UCX when due shall be consistent
with this part and shall be made with the greatest promptness that is
administratively feasible, but the provisions of part 640 of this
chapter (relating to promptness of benefit payments) shall not be
applicable to the UCX Program.
(g) Secretary's standard. The procedures for making determinations
and redeterminations, and furnishing written notices of determinations,
redeterminations, and rights of appeal to individuals appying for UCX
and to appropriate Federal military agencies shall be consisent with
this part 614 and the Secretary's ``Standard for Claim Determinations-
Separation Information'' in the Employment Security Manual, part V,
sections 6010-6015 (Appendix B of this part).
[47 FR 54697, Dec. 3, 1982, as amended at 53 FR 40554, Oct. 17, 1988]
