this chapter shall be followed in making the findings.

(c) In any case in which the Regional Manpower Administrator of the Manpower Administration determines after examination of all the pertinent facts before him that certification should not be issued, he shall promptly so notify the employer requesting the certification. Such notification shall contain a statement of the reasons on which the refusal to issue a certification is based.

(d) The certification or notice of denial thereof is to be used by the employer to support his petition Form I129B, filed with the District Director of the Immigration and Naturalization Service.

(a) "Act" means the Disaster Relief Act of 1969, Public Law 91-79, 83 Stat. 125.

(b) "Major disaster" means a major disaster as determined by the President pursuant to the Act entitled "An Act to Authorize Federal Assistance to States and local governments in Major Disasters, and for Other Purposes", approved September 30, 1950, as amended (42 U.S.C. 1855-1855g), which disaster occurred after June 30, 1967, and on or before December 31, 1970.

(c) "Major disaster area" means the area identified as eligible for Federal assistance by the Director, Office of Emergency Preparedness, pursuant to Presidential Declaration of a major disaster.

(d) "Disaster assistance period" means the 1-year period beginning with the effective date of an initial application.

(e) "Subsequent disaster assistance period" means a second or subsequent disaster assistance period initiated by another major disaster before an applicant's prior disaster assistance period has expired.

(f) "Effective date of an initial application" is the first day of an applicant's first week of unemployment which results from a major disaster and which starts no earlier than the date specified in the Notification as the date the major disaster began.

(g) "Notification" means the written communication in which the President notifies the Governor that a major disaster has been declared in his State and specifies the date the major disaster began.

(h) "Announcement date" means the first date on which the Governor announces the availability of disaster unemployment assistance in the State, pursuant to § 625.3.

(i) "Initial application" means the first application filed by an individual for disaster unemployment assistance subsequent to the most recent announcement date.

(j) "Secretary" means the Secretary of Labor of the United States.

(k) "State agency" means, in all States except Guam, American Samoa, and the Trust Territory of the Pacific Islands, the agency administering the State law, and in Guam, American Samoa and the Trust Territory of the Pacific Islands means the agency designated by the Governor in his agreement

with the Secretary to carry out such provisions.

(1) "State law" means the unemployment compensation law of one of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands.

(m) "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Territory of Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(n) "Governor" means the chief executive of any State.

(o) "Wages" means earnings for services for another or in self-employment.

(p) "Week" means a week as defined in the State law and where there is no State law, it means a calendar week.

(q) "Suitable work" means the same as it does under the State law, and where there is no State law, it means the same as it does under the Hawaii Employment Security Law.

(r) "Unemployment compensation" means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including 5 U.S.C. chapter 85 and the Railroad Unemployment Insurance Act.

§ 625.3 Announcement of major disaster.

(a) After the Governor of a State who has signed an agreement with the Secretary for the payment of disaster unemployment assistance receives a Notification, he shall promptly announce through all available news media in the State, including newspapers, radio and television, that individuals who are unemployed as the result of the major disaster may be entitled to disaster unemployment assistance and where they should go for further information.

(b) After the Governor of a State has signed an agreement with the Secretary for the payment of disaster unemployment assistance, he shall promptly announce through all available news media in the State, including newspapers, radio and television, that individuals, who were unemployed as the result of a major disaster which occurred after June 30, 1967 and before the publication of the regulations in this part in the FEDERAL REGISTER with respect to which the Governor received a Notification, may be entitled to disaster unemployment assistance and where they should go for further information.

§ 625.4 Applications and employment

services.

(a) Except as provided in paragraph (b) of this section, an initial application for disaster unemployment assistance shall be filed within 60 days after the first date on which the Governor makes the announcement provided for in § 625.3(a), but for good cause found by the State agency may be later filed.

(b) An initial application for disaster unemployment assistance for any weeks of unemployment beginning before publication of the regulations in this part in the FEDERAL REGISTER shall be filed within 60 days after the first date on which the Governor makes the announcement provided for in § 625.3(b), but for good cause found by the State agency may be later filed.

(c) Applications for disaster unemployment assistance for weeks of unemployment after the initial application shall be filed at such times and in such manner as directed by the State agency.

(d) (1) Except as provided in subparagraph (2) of this paragraph, applications (including initial applications) shall be filed in person at a local employment office but in American Samoa and in the Trust Territory of the Pacific Islands such applications shall be filed in person at the office designated by the Governor.

(2) In an emergency as found by the State agency applications (including initial applications) may be filed in a manner other than as provided in subparagraph (1) of this paragraph and, further, individuals who are disabled or ill must be permitted to file such applications by mail.

(e) Applicants for disaster unemployment assistance shall be afforded employment services (including counseling and referrals to suitable work opportunities and suitable training) to assist them in returning to work as soon as possible.

§ 625.6 Eligibility.

(a) Disaster unemployment assistance shall be payable to an individual for a week of unemployment in his disaster assistance period if—

(1) He has applied therefor as provided in § 625.4;

(2) His unemployment has been found by the State agency to be the result of the major disaster in the major disaster area as provided in § 625.7; and (3) He is able to work and available for work, unless his inability to work or unavailability for work is the result of the major disaster.

(b) No disaster unemployment assistance shall be payable for a week of unemployment which begins earlier than the applicant's effective date of initial application as defined in § 625.6 or which is the result of a major disaster that occurs after December 31, 1970.

§ 625.7 Unemployment result of major disaster.

(a) An applicant's unemployment shall be deemed to be the result of the major disaster in the major disaster area if

(1) He worked for another or was self-employed in the major disaster area at the time of the major disaster and he no longer has a job or a place to work in the major disaster area or he cannot get to his place of work as the result of the damage caused by the disaster;

(2) He lived in the major disaster area at the time of the major disaster and he cannot get to his place of work as the result of the damage caused by the disaster;

(3) He was to begin working for another or in self-employment in the major disaster area when or after the major disaster began and cannot do so as the result of the disaster;

(4) He cannot work (for another or in self-employment) after the major disaster in the major disaster area began because of an injury, illness, or any other circumstances caused by the disaster;

(5) His unemployment was the result of the major disaster in the major disaster area, and while so unemployed he becomes ill or disabled, unless or until he is offered work, which but for his illness or disability would be suitable for him;

(6) He had been unemployed at the time of the major disaster for a period of less than 10 weeks and is prevented from obtaining work in the major disaster area as the result of the disaster;

(7) He had completed his schooling or training for work no earlier than 10 weeks prior to the major disaster and is prevented from obtaining work in the major disaster area as the result of the disaster;

(8) He has become the head of a household because the head of the household died as the result of the major disaster in the major disaster area; or

(9) He, on the other basis, is found by the State agency to be unemployed as the result of the major disaster in the major disaster area, in which case the State agency shall notify the Associate Manpower Administrator for Unemployment Insurance, Room 5102, Main Labor Building, Washington, D.C. 20210, of the basis for its finding.

(b) If the unemployment of an applicant has been found by the State agency to be the result of the major disaster in the major disaster area, it shall be deemed to continue to be the result of such disaster for each week of unemployment in his disaster assistance period, unless the State agency finds on the basis of new facts that the individual's unemployment for a week is not the result of the disaster in the major disaster area, in which case he shall be denied disaster unemployment assistance for each such week.

(c) In connection with applications for disaster unemployment assistance for past weeks of unemployment, the criteria in paragraphs (a) and (b) of this section for determining whether the applicants' unemployment was the result of a major disaster in the major disaster area shall be deemed to be written as to apply to such past weeks.

(2) The weekly amount he would have been entitled to under the State law had his work and wages been included as employment and wages under such State law.

In Guam the disaster unemployment assistance payable to an applicant for a week of total unemployment shall be the amount of the basic training allowance payable in Guam under the Manpower Development and Training Act of 1962, as amended, for the week in which the major disaster started, and in American Samoa and the Trust Territory of the Pacific Islands the disaster unemployment assistance payable to an applicant for a week of total unemployment shall be $10 (the basic training allowance payable in the Island of Panape under the Manpower Development and Training Act of 1962, as amended).

(b) Total amount. Except as provided in paragraph (d) of this section, total amount of disaster unemployment assistance payable to an applicant with respect to his disaster unemployment period shall be the weekly amount provided pursuant to paragraph (a) of this section multiplied by the maximum number of weeks of total unemployment payable to any claimant for unemployment compensation under the State law, except that in Guam, American Samoa, and the Trust Territory of the Pacific Islands the total amount of such disaster unemployment allowances payable with respect to a disaster unemployment period shall be the weekly amount provided pursuant to paragraph (a) of this section multiplied by 26.

disaster un(c) Deductions. The employment assistance payable to an applicant for a week shall be reduced by:

(1) The amount of unemployment compensation which the individual has received or is seeking with respect to such week; but if the appropriate State agency finally determines that the applicant was not entitled to unemployment compensation with respect to such week, the reduction shall not apply with respect to such week;

(2) The amount of any income protection insurance payable to the applicant for the week;

(3) The amount of any compensation or insurance with respect to illness or disability payable from any source for the week; and

(4) One-half of any wages paid in the week for services performed in excess of 20 hours.

disaster

assistance

(d) Subsequent period. If, when an individual establishes a subsequent disaster assistance period, he has not exhausted the disaster unemployment assistance payable to him with respect to his disaster assistance period, any remaining entitlement shall be cancelled and any payment for weeks of unemployment thereafter shall be with respect to the subsequent disaster assistance period and in accordance with the weekly and total amounts of disaster unemployment assistance payable with respect to such subsequent period.

§ 625.9 Determinations.

(a) Upon the filing of an initial application the State agency shall determine an applicant's eligibility for disaster unemployment assistance, his disaster unemployment period, the amount payable to him for each week of his unemployment and the total amount payable to him during such period.

(b) The State agency shall give notice in writing to the applicant of any determination under paragraph (a) of this section and any subsequent determination denying or reducing the disaster unemployment assistance payable to him for a week. Such notice shall include a statement of his right to reconsideration or review, and the manner in which such reconsideration or review may be obtained, and if there has been a denial or reduction, the statement shall include the reasons for such denial or reduction. Notice of a determination shall be given to the applicant by delivering the notice to him personally or by mailing it to his last known address.

§ 625.10 Reconsideration and review.

(a) States, except Virgin Islands, Guam, American Samoa and the Trust Territory of the Pacific Islands. Any determination by a State agency, other than that of the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands, made pursuant to § 625.9 may be reconsidered by the State agency and may be appealed by the applicant under the State law to the first stage State administrative appellate authority under the State's regular appellate procedures. Notice of the reconsidered determination or the decision on appeal, and the reasons therefor, shall be given to the applicant

by delivering the notice to him personally or by mailing it to his last known address. Such notice shall contain information as to the applicant's right to review by the appropriate Regional Manpower Administrator and the manner of obtaining such review, including the name and address of such Administrator.

(b) The Virgin Islands. In the case of an appeal by an applicant from a determination by the State agency of the Virgin Islands, the applicant shall be entitled to a hearing and decision in accordance with the procedures set forth in §§ 609.34-609.45 of this chapter by a referee appointed by the Secretary. Notice of the referee's decision, and the reasons therefor, shall be given to the applicant by delivering the notice to him personally or by mailing it to his last known address. Such notice shall contain information as to the applicant's right to review by the Regional Manpower Administrator for Region II (New York) and the manner of obtaining such review, including the address of such Administrator.

(c) Guam, American Samoa, and the Trust Territory of the Pacific Islands. In the case of an appeal by an applicant from a determination by the State agency of Guam, American Samoa, or the Trust Territory of the Pacific Islands, the applicant shall be entitled to a hearing and decision in accordance with the procedures set forth in §§ 609.34-609.45 of this chapter by a referee appointed by the Secretary. Notice of the referee's decision, and the reasons therefor, shall be given to the applicant by delivering the notice to him personally or by mailing it to his last known address. Such notice shall contain information as to the applicant's right to review by the Regional Manpower Administrator for Region IX (San Francisco) and the manner of obtaining such review, including the address of such Administrator.

(d) Review by the Regional Manpower Administrator. The appropriate Regional Manpower Administrator, upon request of an applicant, shall review a decision rendered pursuant to paragraph (a), (b), or (c) of this section. Such a request to the Regional Manpower Administrator shall be filed with the State agency within 15 days after notice of the decision rendered pursuant to paragraph (a),

(b), or (c) of this section has been given to the applicant, and upon receipt of the request of an applicant the State agency shall forward the entire record to the Regional Manpower Administrator for the region in which the State is located. Upon review the Regional Manpower Administrator may affirm, modify, or reverse the decision or may remand it with directions for a further hearing. The decision of the Regional Manpower Administrator shall be rendered within 15 days after his receipt of the record from the State agency and notice of such decision shall be mailed promptly to the last known address of the applicant and to the State agency. The decision of the Regional Manpower Administrator shall be final and conclusive.

(a) Fraud. If a State agency, after an opportunity for a fair hearing, or a court of competent jurisdiction finds that any applicant

(1) Has made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or has knowingly failed or caused another to fail to disclose a material fact; and

(2) As a result of such action has received any disaster unemployment assistance under section 12 of the Act and the regulations in this part to which he was not entitled, such applicant shall be liable to repay such amount to the State agency or the State agency may recover such amount by deductions from any disaster unemployment assistance payable to such applicant.

(b) Absence of fraud. Where there has been an overpayment to any applicant but no finding by a State agency or a court of competent jurisdiction that there has been an intent to defraud, the State agency shall recover the amount of the overpayment by deductions from any disaster unemployment assistance payable to such applicant, except where the overpayment is due to the inadvertence or error of the State agency, in which case the State agency shall waive any such overpayment.

(c) Criminal prosecutions for fraud. The provisions of 18 U.S.C. 1001 are applicable to the disaster unemployment assistance program.