(a) First rule of construction. The Act and the implementing
regulations in this part 617 shall be construed liberally so as to carry
out the purpose of the Act.
(b) Second rule of construction. The Act and the implementing
regulations in this part 617 shall be construed so as to assure insofar
as possible the uniform interpretation and application of the Act and
this part 617 throughout the United States.
(c) Effectuating purpose and rules of construction. (1) To
effectuate the purpose of the Act and this part 617 and to assure
uniform interpretation and application of the Act and this part 617
throughout the United States, a State agency shall forward, not later
than 10 days after issuance, to the Department a copy of any judicial or
administrative decision ruling on an individual's entitlement to TAA
under this part 617. On request of the Department, a State agency shall
forward to the Department a copy of any determination or redetermination
ruling on an individual's entitlement to TAA under this part 617.
(2) If the Department believes that a determination,
redetermination, or decision is inconsistent with the Department's
interpretation of the Act or this part 617, the Department may at any
time notify the State agency of the Department's view. Thereafter, the
State agency shall issue a redetermination or appeal if possible, and
shall not follow such determination, redetermination, or decision as a
precedent; and, in any subsequent proceedings which involve such
determination, redetermination, or decision, or wherein such
determination, redetermination, or decision is cited as precedent or
otherwise relied upon, the State agency shall inform the claims deputy
or hearing officer or court of the Department's view and shall make all
reasonable efforts, including appeal or other proceedings in an
appropriate forum, to obtain modification, limitation, or overruling of
the determination, redetermination, or decision.
(3) If the Department believes that a determination,
redetermination, or decision is patently and flagrantly violative of the
Act or this part 617, the Department may at any time notify the State
agency of the Department's view. If the determination, redetermination,
or decision in question denies TAA to an individual, the steps outlined
in paragraph (c)(2) of this section shall be followed by the State
agency. If the determination, redetermination, or decision in question
awards TAA to an individual, the benefits are ``due'' within the meaning
of section 303(a)(1) of the Social Security Act (42 U.S.C. 503(a)(1)),
and therefore must be paid promptly to the individual. However, the
State agency, shall take the steps outlined in paragraph (c)(2) of this
section, and payments to the individual may be temporarily delayed if
redetermination or appeal action is taken not more than one business day
following the day on which the first payment otherwise would be issued
to the individual; and the redetermination action is taken or appeal is
filed to obtain a reversal of the award of TAA and a ruling consistent
with the Department's view; and the redetermination action or appeal
seeks an expedited redetermination or appeal within not more than two
weeks after the redetermination action is taken or the appeal is filed.
If redetermination action is not taken or appeal is not filed within the
above time limit, or a redetermination or decision is not obtained
within the two-week limit, or any redetermination or decision or order
is issued which affirms the determination, redetermination, or decision
awarding TAA or allows it to stand in whole or in part, the benefits
awarded must be paid promptly to the individual.
(4) (i) If any determination, redetermination, or decision, referred
to in paragraph (c)(2) or paragraph (c)(3) of this section, is treated
as a precedent for any future application for TAA, the Secretary will
decide whether the Agreement with the State entered into under the Act
and this part 617 shall be terminated and Sec. 617.59(f) applied.
(ii) In the case of any determination, redetermination, or decision
that is not legally warranted under the Act or this part 617, including
any determination, redetermination, or decision referred to in paragraph
(c)(2) or paragraph (c)(3) of this section, the Secretary will decide
whether the State shall be required to restore the funds of the United
States for any sums paid under such a determination, redetermination, or
decision, and whether, in the absence of such restoration, the Agreement
with the State shall be terminated and Sec. 617.59(f) applied and
whether other action shall be taken to recover such sums for the United
States.
(5) A State agency may request reconsideration of a notice issued
pursuant to paragraph (c)(2) or paragraph (c)(3) of this section, and
shall be given an opportunity to present views and arguments if desired.
Such request shall be made to the Secretary and may include views and
arguments on the matters to be decided by the Secretary under paragraph
(c)(4) of this section.
(6) Concurrence of the Department in a determination,
redetermination, or decision shall not be presumed from the absence of a
notice issued pursuant to this section.
(Approved by the Office of Management and Budget under control number
1205-0222)
