(a) A State law will satisfy the requirements of Sec. 650.3(a) if
after calendar year 1973 it contains a provision requiring, or is
construed to require, hearing and decision for claimants who are parties
to an administrative appeal affecting benefit rights with the greatest
promptness that is administratively feasible.
(b) A State will be deemed to comply substantially with the State
law requirements set forth in Sec. 650.3(a) with respect to first level
appeals, if for the calendar year 1975 and ensuing years, the State has
issued at least 60 percent of all first level benefit appeal decisions
within 30 days of the date of appeal, and at least 80 percent of all
first level benefit appeal decisions within 45 days. These computations
will be derived from the State's regular reports required pursuant to
the Employment Security Manual, part III, sections 4400-4450.\1\
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\1\ The Employment Security Manual is available at each regional
office of the Department of Labor and at the headquarters' office of
each State employment security agency.
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(c) To afford the States a reasonable opportunity to make the
changes necessary to meet these criteria, the Secretary will not
evaluate substantial compliance until calendar year 1974 and for that
year he will apply less stringent criteria than for future years. A
State law will be deemed to comply substantially with the State law
promptness requirement for calendar year 1974 if the State has issued at
least 50 percent of all first level benefit appeal decisions within 30
days of
the date of appeal; at least 75 percent of its first level benefit
appeal decisions within 45 days; and at least 90 percent of its first
level benefit appeal decisions within 75 days. These computations also
will be derived from the aforementioned reports required pursuant to the
Employment Security Manual.
[37 FR 16173, Aug. 11, 1972, as amended at 41 FR 6757, Feb. 13, 1976]
