(a) Determinations subject to reconsideration; time for filing. Any
worker, group of workers, certified or recognized union, or authorized
representative of such worker or group, aggrieved by a determination
issued pursuant to the Act and Sec. 90.16 paragraphs (c), (f), and (g),
or Sec. 90.17(d) may file an application for reconsideration of the
determination with the Office of Trade Adjustment Assistance, Employment
and Training Administration, U.S. Department of Labor, 601 D Street,
NW., Washington, DC 20213. All applications must be in writing and must
be filed no later than thirty (30) days after the notice of the
determination has been published in the Federal Register.
(b) Contents of application for reconsideration. An application for
reconsideration shall include: (1) Name(s), address(es), and telephone
number of the applicant(s); (2) The name or a description of the group
of workers on whose behalf the application for reconsideration is filed;
(3) The name and case number of the determination complained of; and (4)
A statement of reasons for believing that the determination complained
of is erroneous. If the application is based, in whole or in part, on
facts not previously considered in the determination, such facts shall
be specifically set forth. If the application is based, in whole or in
part, on an allegation that the determination complained of was based on
mistake of facts which were previously considered, such mistake of facts
shall be specifically set forth. If the application is based, in whole
or in part, on an allegation as to a misinterpretation of facts or of
the law, such misinterpretation shall be specifically set forth.
(c) Determination regarding application for reconsideration. Not
later than fifteen (15) days after receipt of the application for
reconsideration, the certifying officer shall make and issue a
determination granting or denying reconsideration. The certifying
officer may grant an application for reconsideration under the following
circumstances:
(1) If it appears on the basis of facts not previously considered
that the determination complained of was erroneous;
(2) If it appears that the determination complained of was based on
mistake in the determination of facts previously considered; or
(3) If, in the opinion of the certifying officer, a
misinterpretation of facts or of the law justifies reconsideration of
the determination.
(d) Notice of affirmative determination regarding application for
reconsideration. Upon reaching a determination that an application for
reconsideration meets the requirements of paragraph (c) of this section,
the certifying officer shall issue an affirmative determination
regarding the application and shall promptly publish notice in the
Federal Register that the application for reconsideration has been
received and granted. Such notice shall constitute a Notice of
Affirmative Determination Regarding Application for Reconsideration.
(e) Notice of negative determination regarding application for
reconsideration. Upon reaching a determination that an application for
reconsideration does not meet the requirements of paragraph (c) of this
section, the certifying officer shall issue a negative determination
regarding the application and shall promptly publish in the Federal
Register a summary of the determination, including the reasons therefor.
Such summary shall constitute a Notice of Negative Determination
Regarding Application for Reconsideration. A determination issued
pursuant to this paragraph shall constitute a final determination for
purposes of judicial review pursuant to section 284 of the Act, 19
U.S.C. 2395, and Sec. 90.19(a).
(f) Opportunity for comment. Within ten (10) days after publication
of a notice under paragraph (d) of this section, the group of workers or
other persons showing an interest in the proceedings may make written
submissions to show why the determination under reconsideration should
or should not be modified.
(g) Determinations on reconsideration. Not later than forty-five
(45) days after reaching an Affirmative Determination Regarding
Application for Reconsideration, the certifying officer shall make a
determination on the reconsideration.
(h) Notice of revised certification of eligibility and notice of
revised determination. Upon reaching a determination on reconsideration
that a group of workers has met all the requirements set forth in
section 222 of the Act and paragraph (b) of Sec. 90.16, the certifying
officer shall issue a revised determination concerning certification of
eligibility to apply for adjustment assistance and shall promptly
publish in the Federal Register a summary of the revised determination
together with the reasons for making such revised determination (with
the exception of information which the certifying officer determines to
be confidential). Such summary shall include a certification of
eligibility in accordance with paragraph (d) of Sec. 90.16. The summary
shall constitute a Notice of Revised Certification of Eligibility when
the determination under reconsideration was a certification of
eligibility. The summary shall constitute a Notice of Revised
Determination when the determination under reconsideration was a
negative determination or a certification containing a negative
determination. A determination issued pursuant to this paragraph shall
constitute a final determination for purposes of judicial review
pursuant to section 284 of the Act, 19 U.S.C. 2395, and Sec. 90.19(a).
(i) Notice of negative determination on reconsideration. Upon
reaching a determination on reconsideration that a group of workers has
not met all the requirements set forth in section 222 of the Act and
paragraph (b) of Sec. 90.16, the certifying officer shall issue a
negative determination on reconsideration 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 constitute a Notice of Negative Determination on
Reconsideration. A determination issued pursuant to this paragraph shall
constitute a final determination for purposes of judicial review
pursuant to section 284 of the Act, 19 U.S.C. 2395, and Sec. 90.19(a).
[42 FR 32772, June 28, 1977, as amended at 52 FR 23402, June 19, 1987]
