assigned for use by the proper State agency. An appropriate record of a reassignment shall be made by a State agency which makes such reassignment.

(d) Transfer of assigned Federal civilian service and wages under interstate plans. (1) The interstate benefit payment plan and interstate wage combining plans may be applied to claimants with Federal civilian service and wages and such service and wages shall be considered employment and wages under any State unemployment compensation law for such purpose.

(2) Federal civilian service and wages shall not be transferred in whole or in part under an interstate wage combining plan if a Federal civilian employee has filed a first claim under the unemployment compensation law of the State to which such service and wages are assigned or, in the case of a first claim filed in the Virgin Islands, under the District of Columbia Unemployment Compensation Act.

(e) When assignment deemed complete. An individual's Federal civilian service and wages shall be deemed to have been assigned to a State or to the Virgin Islands when the State agency receives a completed Form ES-931 from a Federal agency and a benefit year is established for such individual.

(f) Use of assigned Federal civilian service and wages. Assigned Federal civilian service and wages shall be used only by the State to which assigned or reassigned or by the Virgin Islands if assigned or reassigned thereto unless transferred pursuant to paragraph (d) of this section.

(5 U.S.C. 8508) [32 F.R. 20969, Dec. 29, 1967, as amended at 33 F.R. 11357, Aug. 9, 1968]

§ 609.17

Allocation of terminal annual leave payments.

Lump-sum terminal annual leave payments shall not be allocated by a Federal agency and shall be allocated by a State agency in the same manner as similar payments to employees of private employers are allocated under an applicable State unemployment compensation law. In a State in which a private employer has an option as to the period to which such payments shall be allocated, such payments shall be allocated to the date of separation from employment, except that if failure of an employer to allocate will result in allocation to a period prior to an employee's separation

§ 609.7 shall be final and conclusive. Additional information submitted by a Federal agency under § 609.8 shall be considered part of the original Federal findings, which shall be final and conclusive as so supplemented. Federal findings submitted after reconsideration under § 609.9 shall be final and conclusive as affirmed, modified, or reversed by a Federal agency. Except for Federal findings, these regulations shall not be construed to limit the right of a State agency to determine a Federal civilian employee's entitlement to compensation under the appropriate provisions of the applicable State unemployment compensation law.

§ 609.19 Determination of entitlement.

(a) Entitlement. The State agency of a State whose unemployment compensation law applies to a Federal civilian employee under § 609.15 promptly shall determine such employee's entitlement to compensation and pay such compensation in the same amounts, or the same terms, and subject to the same conditions as would apply to such employee if his Federal civilian service and wages had been included as employment and wages under the State unemployment compensation law except that (1) no compensation shall be paid for any period to which payment for military accrued leave is allocated under § 614.14 of this chapter and (2) § 609.31 shall apply to the Virgin Islands agency in lieu of this paragraph.

(b) Determination in absence of Form ES-931. (1) If a Form ES-931 has not been received from a Federal agency by the 12th day after such form was forwarded to such agency, a State agency shall determine entitlement to compensation on the basis of a Federal civilian employee's statement under oath if in addition to furnishing such statement such employee submits for examination any document issued by a Federal agency (as for example Standard Form 50 or

W-2) showing that he performed service for such agency.

(2) If a Form ES-931 received from a Federal agency after such determination contains Federal findings which would result in a change in the Federal civilian employee's entitlement to compensation the State agency promptly shall make a redetermination and give such employee notice thereof. All payments of compensation made after such redetermination shall be in accordance therewith and all payments of compensation made prior to such determination shall be adjusted in accordance therewith. If the Federal civilian employee has received compensation not in accordance with the redetermination § 609.21 shall apply. § 609.20 Notice of determination.

The

A notice of determination or redetermination shall be given to a Federal civilian employee with respect to any determination or redetermination under § 609.19 or § 609.31. Such notice shall be given in the same manner as notice of determination or redetermination is given to claimants under the State unemployment compensation law. notice shall include the Federal findings and shall inform the Federal civilian employee of his right to additional information or reconsideration and correction of such findings. The State agency shall set forth the Federal findings in sufficient detail to enable the Federal civilian employee to determine whether he wishes to request reconsideration or correction of any such findings.

§ 609.21 Overpayments.

(a) Fraud. If, after a determination and opportunity for a fair hearing thereon, a State agency or court of competent jurisdiction finds that a Federal civilian employee has received an overpayment of compensation as a result of false statements knowingly made or material facts knowingly withheld such employee shall be liable to repay any such outstanding overpayments. In the discretion of the State agency such amounts may be deducted from future compensation payable to such employee under the UCFE or UCX programs during the 2-year period following the date on which such finding was made.

(b) Absence of fraud. In cases of overpayment where there has been no finding

by a State agency or court of competent jurisdiction of intent to defraud the determinations specified below shall be made under the applicable State unemployment compensation law:

(1) Whether a Federal civilian employee who has received an overpayment of compensation which he has not repaid shall receive any future compensation under the UCFE or UCX programs; or (2) whether he shall be liable to repay such overpayment; or

(3) whether he shall be permitted to offset any future compensation payable to him under the UCFE or UCX programs against such outstanding overpayment; or

(4) whether a waiver of such overpayment may be permitted.

§ 609.22 Procedure for obtaining additional information.

(a) Request by Federal civilian employee. If a Federal civilian employee needs additional information in order to understand the basis for a Federal finding in connection with a claim for compensation under the UCFE program he may file a request through the State agency, or the Secretary if the State agency does not determine claims under the UCFE program, for more specific information from the Federal agency which made such Federal finding. Such request shall be mailed by the State agency or the Secretary to the appropriate Federal agency. If notice of a determination of entitlement has been given to the Federal civilian employee before a request for additional information is filed, such employee must file concurrently with such request a timely appeal or request for redetermination under the State unemployment compensation law. No hearing on such appeal shall be scheduled before the State agency receives from the Federal agency the additional information requested.

(b) Request by State agency. If at any stage of determining a Federal civilian employee's entitlement to compensation a State agency, State administrative appeal authority (including the referee in the Virgin Islands), or the Secretary determines that Federal findings do not contain sufficient information to enable correct application of the State unemployment compensation law a request may be made for additional facts from the appropriate Federal agency.

§ 609.23 Procedure for obtaining correction of Federal findings.

(a) Request by Federal civilian employee. A Federal civilian employee who wishes a Federal agency to reconsider and correct Federal findings in connection with a claim for compensation under the UCFE program may file a request for such reconsideration and correction, together with such information as supports his request, through the State agency before which the claim is pending or through the Secretary if the State agency does not determine claims under the UCFE program. Such request shall be mailed by the State agency or the Secretary to the appropriate Federal agency. If notice of a determination of entitlement has been given to the Federal civilian employee before a request for reconsideration and correction of Federal findings is filed, such employee must file concurrently with such request a timely appeal under the State unemployment compensation law. No hearing on such appeal shall be scheduled before the State agency receives from the Federal agency its reconsidered Federal findings.

(b) Request by State agency. A State agency, State administrative appeal authority (including the referee in the Virgin Islands), or the Secretary may request a Federal agency to reconsider and correct its Federal findings at any stage in determining a Federal civilian employee's entitlement to compensation. § 609.24 Procedure after correction of Federal findings.

(a) A State agency shall forward to the affected Federal civilian employee a copy of reconsidered Federal findings or additional information furnished by a Federal agency.

(b) If additional information or reconsidered Federal findings provide a basis under the State unemployment compensation law for the State agency to redetermine such employee's entitlement to compensation the State agency promptly shall make a redetermination and give notice thereof to the affected Federal civilian employee.

(c) If a State agency after reviewing additional information or reconsidered Federal findings submitted by a Federal agency does not consider that there is a basis for making a redetermination the State agency promptly shall set a date for hearing the Federal civilian employee's appeal.

(d) If Federal findings are corrected under § 609.7 a State agency shall notify the affected Federal civilian employee of such correction. If the State unemployment compensation law permits and the corrected Federal findings afford a basis for such action the State agency shall redetermine such employee's entitlement to compensation and give notice of redetermination to such employee. § 609.25 Appeal by Federal civilian employee.

A determination or redetermination by a State agency as to a Federal civilian employee's entitlement to compensation is subject to review, except for Federal findings, in the same manner and to the same extent as other determinations of entitlement under the State unemployment compensation law, except that a determination or redetermination by the Virgin Islands agency is subject to review in accordance with §§ 609.34 and 609.46.

§ 609.26 Disclosure of information.

Information received by a State agency in administering the UCFE program is confidential, and disclosure thereof is authorized, to the same extent as information received by such State agency in administering its State unemployment compensation law, or in the case of the Virgin Islands agency to the same extent as information received under the Virgin Islands unemployment compensation law.

Subpart D-Provisions Applying
Only to Virgin Islands

(a) no compensation shall be paid to such employee for any period to which payment of military accrued leave is allocated under § 614.14 of this chapter; and

(b) if such employee, without regard to his Federal civilian service and wages (and Federal military service and wages as defined in § 614.1 of this chapter), has employment or wages sufficient to qualify for any unemployment compensation during the benefit year under the District of Columbia Unemployment Compensation Act payments of compensation under the UCFE or UCX programs shall be made only on the basis of his Federal civilian service and wages and Federal military service and wages.

§ 609.32 Continuation of State claim.

A Federal civilian employee who has filed a claim for compensation under the UCFE program in any of the 50 States, the District of Columbia, or the Commonwealth of Puerto Rico may continue such claim in the Virgin Islands to the extent permitted by arrangements between the Virgin Islands and cooperating States. Such claims are not subject to redetermination by the Virgin Islands agency.

§ 609.33 Appointment of referee.

The Territorial Representative of the U.S. Department of Labor shall act as the referee in the Virgin Islands to hear and decide appealed claims under the UCFE program.

(a) Filing of appeal. A Federal civilian employee may appeal from a determination or redetermination within 10 days after the mailing of notice and a copy of such determination or redetermination to such employee's last known address, or in the absence of mailing within 10 days after delivery thereof to such employee. The appeal shall be in writing and may be filed with any office of the Virgin Islands agency.

(b) Notice of appeal. Notice that an appeal has been filed may be given or mailed, in the discretion of the referee, to any person who has offered or is believed to have evidence with respect to the claim.

(c) Scheduling and notice of hearing. Appeals shall be promptly scheduled and heard, except as provided in § 609.22 (a). Written notice of hearing, specifying the time and place thereof and those ques

Hearings before the referee shall be informal, fair, and impartial and shall be conducted in such manner as may be best suited to determine a Federal civilian employee's right to compensation. Hearings shall be open to the public unless sufficient cause for a closed hearing is shown. The referee shall open the hearing by ascertaining and summarizing the issue or issues involved in the appeal. The Federal civilian employee may examine and cross-examine witnesses, inspect documents, and explain or rebut any evidence. An opportunity to present argument shall be afforded such employee, and such argument shall be made part of the record. The referee shall give such employee, if not represented by counsel or other representative, every assistance that does not interfere with the impartial discharge of his duties. The referee may examine such employee and other witnesses to such extent as he deems necessary. Any issue involved in the claim shall be considered and passed upon even though such issue was not set forth as a ground of appeal.

§ 609.36 Evidence.

Oral or written evidence of any nature, whether or not conforming to the legal rules of evidence, may be accepted. Any official record of the Virgin Islands, including reports submitted in connection with administration of the UCFE or UCX programs, may be included in the record if the Federal civilian employee is given an opportunity to examine and rebut the same. A written statement under oath or affirmation may be accepted when it appears impossible or unduly burdensome to require the attendance of a witness, but a Federal civilian employee adversely affected by such a statement must be given opportunity to examine such statement, to comment on or rebut any or all portions thereof, and whenever possible to cross-examine a witness whose testimony has been introduced in written form by submitting written questions to be answered in writing.

§ 609.38

Withdrawal of appeal.

A Federal civilian employee who has filed an appeal may withdraw such appeal with the approval of the referee. § 609.39 Nonappearance of Federal civilian employee.

Failure of a Federal civilian employee to appear at a hearing shall not result in a decision being automatically rendered against him. The referee shall render a decision on the basis of whatever evidence is properly before him unless there appears to be a good reason for continuing the hearing. A Federal civilian employee who fails to appear at a hearing with respect to his appeal may within seven days thereafter petition for a reopening of the hearing. Such petition shall be granted if it appears to the referee that such employee has shown good cause for his failure to attend.

§ 609.40 Notice of referee's decision.

A copy of the decision and a statement of the reasons therefor shall promptly be given or mailed to the Federal civilian employee, the Virgin Islands agency, and to the Secretary. The decisions of the referee shall be accompanied by an explanation of the right of such employee to judicial review and the manner in which such judicial review may be instituted.

§ 609.41 Consolidation of appeals.

The referee may consolidate appeals and conduct joint hearings thereon where the same or substantially similar evidence is relevant and material to the matters in issue. Reasonable notice of consolidation and the time and place of hearing shall be given or mailed to the claimants or their representatives, the Virgin Islands agency, and to persons who have offered or are believed to have evidence with respect to the claims. § 609.42 Representation.

A Federal civilian employee may be represented by counsel or other representative in any proceedings before the referee. Any such representative may ap

pear at any hearing or take any other action which such employee may take under this part. The referee for cause may bar any person from representing a Federal civilian employee, in which event such action shall be set forth in the record. No representative shall charge a Federal civilian employee more than an amount fixed by the referee for representing him in any proceeding under this part.

§ 609.43 Postponement, continuance, and adjournment of hearings.

A hearing before the referee shall be postponed, continued, or adjourned when such action is necessary to afford a Federal civilian employee reasonable opportunity for a fair hearing. In such case notice of the subsequent hearing shall be given to any person who received notice of the prior hearing. § 609.44

ords.

Information from agency rec

Information shall be available to a Federal civilian employee either from the records of the Virgin Islands or as obtained in any proceeding herein provided for to the extent necessary for proper presentation of his case. All requests for information shall state the nature of the information desired as clearly as possible and shall be in writing unless made at a hearing.

§ 609.45 Filing of decisions.

Copies of all decisions of the referee shall be kept on file at his office in the Virgin Islands.

§ 609.46 Judicial review.

Final decisions of the referee shall be subject to review by the courts in the same manner and to the same extent as provided in 42 U.S.C. 405 (g).

Correction of Veterans Administra-tion Federal findings.

Promptness of correction.

Effect of "days lost."