EEOICPA BULLETIN NO.056-02XX                   

 

Issue Date: October 28, 2005

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Effective Date: October 26, 2005

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Expiration Date: October 26, 2006

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Subject:  Director’s Order-Delegation of Signature Authority       

 

Background: Under 20 C.F.R. § 30.320(a), the Director of the Division of Energy Employees o Occupational Illness Compensation (DEEOIC) is granted the authority to reopen a claim and vacate a FAB decision at any time after the FAB has issued a final decision.  The Director is granted sole discretion over the process by which a claim is reopened. 

 

Under the current process, the Director will issue a signed Director’s Order when a claim is reopened. The Director’s Order is issued with instructions to either the District Office or FAB as to the future handling of the claim. In order to streamline the reopening process and in the exercise of the Director’s discretion over the reopening process, the Director is delegating the authority to sign Director’s Orders specific to certain routine re-openings to the Branch Chief for Policies, Regulations and Procedures (BPRP). This delegated authority is limited to re-openings based on residual radiation contamination outside of the EEOICPA coveredcontractual time periods and re-openings based on the submission of new and probative medical and/or employment evidence that was not considered previously. The Director is retaining sole signature authority for all other types of re-openings and all decisions on remands.

 

References: Energy Employees Occupational Illness Compensation Program Act (EEOICPA) of 2000, Final Rule 20 C.F.R. § 30.320(a) and Federal (EEOICPA) Procedure Manual Chapter 2-1400. 

 

Purpose: To document the delegated authority granted to the Branch Chief for Policies, Regulations and Procedures to sign Director’s Orders specific to certain routine reopenings.  

 

Applicability: All staff. 

 

Actions: The delegation of authority to sign Director’s Orders for certain routine reopenings to the Branch Chief for Policies, Regulations and Procedures will not affect the current responsibilities and work flow for the District Office and FAB in the overall reopening process as described in Federal (EEOICPA) Procedure Manual Chapter 2-1400. In addition, regardless of who signed the Director’s Order, the District Office and the FAB must strictly comply with the instructions in the Director’s Order. 

 

Disposition:  Retain until incorporated in the Federal (EEOICPA) Procedure Manual.

 

 

 

 

PETER M. TURCIC

Director, Division of Energy Employees

Occupational Illness Compensation

 

 

Distribution List No. 1: Claims Examiners, Supervisory Claims Examiners, Technical Assistants, Customer Service Representatives, Fiscal Officers, FAB District Managers, Operation Chiefs, Hearing Representatives, and District Office Mail & File Sections  ???