(a) General. Within 60 days after the date of filing of a petition,
a certifying officer shall make a determination on the petition. If,
however, for any reason, a certifying officer has not made a
determination in 60 days after the date of filing of the petition, the
certifying officer shall make the determination as soon thereafter as
possible. If the determination is affirmative, the certifying officer
shall issue a certification of eligibility as provided in paragraphs
(b), (c), (d) and (g) of this section. If the determination is negative,
the certifying officer shall issue a notice of negative determination as
provided in paragraphs (b) and (f) of this section.
(b) Requirements for determinations. After reviewing the relevant
information necessary to make a determination, the certifying officer
shall make findings of fact concerning whether:
(1) A significant number or proportion of the workers in such
workers' firm (or an appropriate subdivision of the firm) have become,
or are threatened to become, totally or partially separated;
(2) Sales or production, or both, of such firm or subdivision have
decreased absolutely; and
(3) Increases (absolute or relative) of imports of articles like or
directly competitive with articles produced by such workers' firm or an
appropriate subdivision thereof contributed importantly to such total or
partial separation, or threat thereof, and to such decline in sales or
production. For purposes of this paragraph and part, the term
contributed importantly means a cause which is important but not
necessarily more important than any other cause.
(c) Notice of affirmative determination and certification of
eligibility. Upon reaching a determination on a petition that a group of
workers has met all the requirements set forth in section 222 of the Act
and paragraph (b) of this section, the certifying officer shall issue a
certification of eligibility to apply for adjustment assistance and
shall promptly publish in the Federal Register a summary of the
determination together with the reasons for making such determination
(with the exception of information which the certifying officer
determines to be confidential). Such summary shall include the
certification of eligibility and shall constitute a Notice of
Determination and Certification of Eligibility.
(d) Contents of certification of eligibility. The certification
shall specify in detail:
(1) The firm or subdivision thereof at which the workers covered by
the certification have been employed (which need not be limited to the
unit specified in the petition), and may identify individual workers by
name; and
(2) The impact date(s) on which the total or partial separations of
the workers covered by the certification began or threatened to begin.
When applicable, the certification shall specify the date(s) after which
the total or partial separations of the petitioning group of workers
from the firm or subdivision thereof specified in the certification are
no longer attributable to the conditions set forth in paragraph (b) of
this section. For purposes of this section, the impact date is the
earliest date on which any part of the total or partial separations
involving a significant number or proportion of workers began or
threatened to begin.
(e) Exclusions from coverage of a certification of eligibility. A
certification of eligibility to apply for adjustment assistance shall
not apply to any worker:
(1) Whose last total or partial separation from the firm or
appropriate subdivision occurred more than one (1) year before the date
of the petition; or
(2) Whose last total or partial separation from the firm or
appropriate subdivision occurred before October 3, 1974.
(f) Notice of negative determination. Upon reaching a determination
that a group of workers has not met all the requirements set forth in
section 222 of the Act and paragraph (b) of this section, the certifying
officer shall promptly publish in the Federal Register a summary of the
determination together with the reasons for making such determinations
(with the exception of information which the certifying officer
determines to be confidential). Such summary shall constitute a Notice
of Negative Determination.
(g) Notice of Determinations. A notice of certification may contain
a notice of negative determination with respect to certain seqments of
workers. Such notice shall constitute a Notice of Determinations.
[42 FR 32772, June 28, 1977, as amended at 52 FR 23402, June 19, 1987]
