(a) Investigation. Whenever the Director of the Office of Trade
Adjustment Assistance has reason to believe, with respect to any
certification of eligibility, that the total or partial separations from
a firm or appropriate subdivision thereof are no longer attributable to
the conditions specified in section 222 of the Act and Sec. 90.16(b),
the Director shall promptly make an investigation. Notice of the
initiation of the investigation shall be published in the Federal
Register and shall be transmitted to the group of workers concerned.
(b) Opportunity for comment and hearing. Within 10 days after
publication of the notice under paragraph (a) of this section, the group
of workers or other persons showing a substantial interest in the
proceedings may request a public hearing or may make written submissions
to show why the certification should not be terminated. If a hearing is
requested under this paragraph, such hearing shall be conducted in
accordance with Sec. 90.13.
(c) [Reserved]
(d) Notice of termination. A certifying officer shall determine
whether or not such certification shall be terminated. Upon reaching a
determination that the certification of eligibility shall be terminated,
the certifying officer shall make findings of fact and shall promptly
have published in the Federal Register a summary of the determination
and the reasons therefor (with the exception of information which the
certifying officer determines to be confidential). Such summary shall
constitute a Notice of Termination. Such termination shall apply only
with respect to total or partial separations occurring after the
termination date specified by the certifying officer. The termination
date specified by the certifying officer shall be not sooner than the
date on which notice of such termination is published in the Federal
Register.
(e) Notice of partial termination. A notice of termination may cover
only a portion of the group of workers specified in the certification.
Such notice shall constitute a Notice of Partial Termination.
(f) Notice of continuation of certification. Upon reaching a
determination that the certification of eligibility should be continued,
the certifying officer shall promptly publish in the Federal Register a
summary of the determination with the reasons therefor. Such summary
shall constitute a Notice of Continuation of Certification.
[42 FR 32772, June 28, 1977, as amended at 52 FR 23402, June 19, 1987]
