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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:1.0.1.1.15.0.76.1 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.1 Purpose. | NRC | [72 FR 49483, Aug. 28, 2007] | The regulations in this part establish requirements for notices, instructions, and reports by licensees and regulated entities to individuals participating in NRC-licensed and regulated activities and options available to these individuals in connection with Commission inspections of licensees and regulated entities, and to ascertain compliance with the provisions of the Atomic Energy Act of 1954, as amended, titles II and IV of the Energy Reorganization Act of 1974, and regulations, orders, and licenses thereunder. The regulations in this part also establish the rights and responsibilities of the Commission and individuals during interviews compelled by subpoena as part of agency inspections or investigations under Section 161c of the Atomic Energy Act of 1954, as amended, on any matter within the Commission's jurisdiction. | ||||||
| 10:10:1.0.1.1.15.0.76.10 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.14 Presence of representatives of licensees and regulated entities, and workers during inspections. | NRC | [72 FR 49484, Aug. 28, 2007, as amended at 76 FR 72084, Nov. 22, 2011] | (a) Each licensee, applicant for a license, applicant for or holder of a standard design approval under subpart E of part 52 of this chapter, applicant for an early site permit under subpart A of part 52 of this chapter, and applicant for a standard design certification under subpart B of part 52 of this chapter shall afford to the Commission at all reasonable times opportunity to inspect materials, activities, facilities, premises, and records under the regulations in this chapter. (b) During an inspection, Commission inspectors may consult privately with workers as specified in § 19.15. The licensee, regulated entity, or the licensee's or regulated entity's representative may accompany Commission inspectors during other phases of an inspection. (c) If, at the time of inspection, an individual has been authorized by the workers to represent them during Commission inspections, the licensee or regulated entity shall notify the inspectors of such authorization and shall give the workers' representative an opportunity to accompany the inspectors during the inspection of physical working conditions. (d) Each workers' representative shall be routinely engaged in NRC-licensed or regulated activities under control of the licensee or regulated entity, and shall have received instructions as specified in § 19.12. (e) Different representatives of licensees or regulated entities, and workers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the conduct of the inspection. However, only one workers' representative at a time may accompany the inspectors. (f) With the approval of the licensee or regulated entity, and the workers' representative an individual who is not routinely engaged in licensed or regulated activities under control of the license or regulated entity (for example, a consultant to the licensee, the regulated entity, or the workers' representative), shall be afforded the opportunity to accompany Commission inspectors during the inspection of p… | ||||||
| 10:10:1.0.1.1.15.0.76.11 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.15 Consultation with workers during inspections. | NRC | (a) Commission inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of Commission regulations and licenses to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection. (b) During the course of an inspection any worker may bring privately to the attention of the inspectors, either orally or in writing, any past or present condition which he has reason to believe may have contributed to or caused any violation of the act, the regulations in this chapter, or license condition, or any unnecessary exposure of an individual to radiation from licensed radioactive material under the licensee's control. Any such notice in writing shall comply with the requirements of § 19.16(a). (c) The provisions of paragraph (b) of this section shall not be interpreted as authorization to disregard instructions pursuant to § 19.12. | |||||||
| 10:10:1.0.1.1.15.0.76.12 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.16 Requests by workers for inspections. | NRC | [38 FR 22217, Aug. 17, 1973, as amended at 40 FR 8783, Mar. 3, 1975; 47 FR 30454, July 14, 1982; 52 FR 31610, Aug. 21, 1987] | (a) Any worker or representative of workers who believes that a violation of the Act, the regulations in this chapter, or license conditions exists or has occurred in license activities with regard to radiological working conditions in which the worker is engaged, may request an inspection by giving notice of the alleged violation to the Administrator of the appropriate Commission Regional Office, or to Commission inspectors. Any such notice shall be in writing, shall set forth the specific grounds for the notice, and shall be signed by the worker or representative of workers. A copy shall be provided the licensee by the Regional Office Administrator, or the inspector no later than at the time of inspection except that, upon the request of the worker giving such notice, his name and the name of individuals referred to therein shall not appear in such copy or on any record published, released or made available by the Commission, except for good cause shown. (b) If, upon receipt of such notice, the Regional Office Administrator determines that the complaint meets the requirements set forth in paragraph (a) of this section, and that there are reasonable grounds to believe that the alleged violation exists or has occurred, he shall cause an inspection to be made as soon as practicable, to determine if such alleged violation exists or has occurred. Inspections pursuant to this section need not be limited to matters referred to in the complaint. | ||||||
| 10:10:1.0.1.1.15.0.76.13 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.17 Inspections not warranted; informal review. | NRC | [38 FR 22217, Aug. 17, 1973, as amended at 40 FR 8783, Mar. 3, 1975; 52 FR 31610, Aug. 21, 1987; 67 FR 77652, Dec. 19, 2002; 68 FR 58801, Oct. 10, 2003; 74 FR 62680, Dec. 1, 2009; 80 FR 74978, Dec. 1, 2015] | (a) If the Administrator of the appropriate Regional Office determines, with respect to a complaint under § 19.16, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, he shall notify the complainant in writing of such determination. The complainant may obtain review of this determination by submitting a written statement of position to the Executive Director for Operations, either by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. The Executive Director for Operations will provide the licensee with a copy of such statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The licensee may submit an opposing written statement of position with the Executive Director for Operations who will provide the complainant with a copy of such statement by certified mail. Upon the request of the complainant, the Executive Director for Operations or his designee may hold an informal conference in which the complainant and the licensee may orally present their views. An informal conference may also be held at the request of the licensee, but discl… | ||||||
| 10:10:1.0.1.1.15.0.76.14 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.18 Sequestration of witnesses and exclusion of counsel in interviews conducted under subpoena. | NRC | [55 FR 247, Jan. 4, 1990, as amended at 56 FR 65948, Dec. 19, 1991; 57 FR 61785, Dec. 29, 1992] | (a) All witnesses compelled by subpoena to submit to agency interviews shall be sequestered unless the official conducting the interviews permits otherwise. (b) Any witness compelled by subpoena to appear at an interview during an agency inquiry may be accompanied, represented, and advised by counsel of his or her choice. However, when the agency official conducting the inquiry determines, after consultation with the Office of the General Counsel, that the agency has concrete evidence that the presence of an attorney representing multiple interests would obstruct and impede the investigation or inspection, the agency official may prohibit that counsel from being present during the interview. (c) The interviewing official is to provide a witness whose counsel has been excluded under paragraph (b) of this section and the witness's counsel a written statement of the reasons supporting the decision to exclude. This statement, which must be provided no later than five working days after exclusion, must explain the basis for the counsel's exclusion. This statement must also advise the witness of the witness' right to appeal the exclusion decision and obtain an automatic stay of the effectiveness of the subpoena by filing a motion to quash the subpoena with the Commission within five days of receipt of this written statement. (d) Within five days after receipt of the written notification required in paragraph (c) of this section, a witness whose counsel has been excluded may appeal the exclusion decision by filing a motion to quash the subpoena with the Commission. The filing of the motion to quash will stay the effectiveness of the subpoena pending the Commission's decision on the motion. (e) If a witness' counsel is excluded under paragraph (b) of this section, the interview may, at the witness' request, either proceed without counsel or be delayed for a reasonable period of time to permit the retention of new counsel. The interview may also be rescheduled to a subsequent date established by the NRC, although the … | ||||||
| 10:10:1.0.1.1.15.0.76.15 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.20 Employee protection. | NRC | [72 FR 49485, Aug. 28, 2007] | Employment discrimination by a licensee, a holder of a certificate of compliance issued under part 76 of this chapter or regulated entity subject to the requirements in this part as delineated in § 19.2(a), or a contractor or subcontractor of a licensee, a holder of a certificate of compliance issued under part 76 of this chapter, or regulated entity subject to the requirements in this part as delineated in § 19.2(a), against an employee for engaging in protected activities under this part or parts 30, 40, 50, 52, 54, 60, 61, 63, 70, 72, 76, or 150 of this chapter is prohibited. | ||||||
| 10:10:1.0.1.1.15.0.76.16 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.30 Violations. | NRC | [57 FR 55071, Nov. 24, 1992] | (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to those Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act: (1) For violations of— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section; (iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act of 1954, as amended. | ||||||
| 10:10:1.0.1.1.15.0.76.17 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.31 Application for exemptions. | NRC | [72 FR 49485, Aug. 28, 2007] | The Commission may, upon application by any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law, will not result in undue hazard to life and property. | ||||||
| 10:10:1.0.1.1.15.0.76.18 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.32 Discrimination prohibited. | NRC | [72 FR 49485, Aug. 28, 2007] | No person shall on the grounds of sex be excluded from participation in, be denied a license, be denied the benefit of, or be subjected to discrimination under any program or activity carried on which is under the jurisdiction of the NRC under the Atomic Energy Act of 1954, as amended, or under any title of the Energy Reorganization Act of 1974, as amended. This provision will be enforced through agency provisions and regulations similar to those already established, with respect to racial and other discrimination, under Title VI of the Civil Rights Act of 1964. This remedy is not exclusive, however, and will not prejudice or cut off any other legal remedies available to a discriminatee. | ||||||
| 10:10:1.0.1.1.15.0.76.19 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.40 Criminal penalties. | NRC | [57 FR 55071, Nov. 24, 1992] | (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 19 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in part 19 that are not issued under sections 161b, 161i, or 161o for the purposes of section 223 are as follows: §§ 19.1, 19.2, 19.3, 19.4, 19.5, 19.8, 19.16, 19.17, 19.18, 19.30, 19.31, and 19.40. | ||||||
| 10:10:1.0.1.1.15.0.76.2 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.2 Scope. | NRC | [72 FR 49484, Aug. 28, 2007] | (a) The regulations in this part apply to: (1) All persons who receive, possess, use, or transfer material licensed by the NRC under the regulations in parts 30 through 36, 39, 40, 60, 61, 63, 70, or 72 of this chapter, including persons licensed to operate a production or utilization facility under parts 50 or 52 of this chapter, persons licensed to possess power reactor spent fuel in an independent spent fuel storage installation (ISFSI) under part 72 of this chapter, and in accordance with 10 CFR 76.60 to persons required to obtain a certificate of compliance or an approved compliance plan under part 76 of this chapter; (2) All applicants for and holders of licenses (including construction permits and early site permits) under parts 50, 52, and 54 of this chapter; (3) All applicants for and holders of a standard design approval under subpart E of part 52 of this chapter; and (4) All applicants for a standard design certification under subpart B of part 52 of this chapter, and those (former) applicants whose designs have been certified under that subpart. (b) The regulations in this part regarding interviews of individuals under subpoena apply to all investigations and inspections within the jurisdiction of the NRC other than those involving NRC employees or NRC contractors. The regulations in this part do not apply to subpoenas issued under 10 CFR 2.702. | ||||||
| 10:10:1.0.1.1.15.0.76.3 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.3 Definitions. | NRC | [38 FR 22217, Aug. 17, 1973, as amended at 40 FR 8783, Mar. 3, 1975; 53 FR 31680, Aug. 19, 1988; 55 FR 247, Jan. 4, 1990; 56 FR 23470, May 21, 1991; 56 FR 65948, Dec. 19, 1991; 57 FR 61785, Dec. 29, 1992; 58 FR 7736, Feb. 9, 1993; 66 FR 55789, Nov. 2, 2001; 69 FR 76600, Dec. 22, 2004; 72 FR 49484, Aug. 28, 2007] | As used in this part: Act means the Atomic Energy Act of 1954, (68 Stat. 919) including any amendments thereto. Commission means the United States Nuclear Regulatory Commission. Exclusion means the removal of counsel representing multiple interests from an interview whenever the NRC official conducting the interview has concrete evidence that the presence of the counsel would obstruct and impede the particular investigation or inspection. License means a license issued under the regulations in parts 30 through 36, 39, 40, 60, 61, 63, 70, or 72 of this chapter, including licenses to manufacture, construct and/or operate a production or utilization facility under parts 50, 52, or 54 of this chapter. Licensee means the holder of such a license. Regulated activities means any activity carried on which is under the jurisdiction of the NRC under the Atomic Energy Act of 1954, as amended, or any title of the Energy Reorganization Act of 1972, as amended. Regulated entities means any individual, person, organization, or corporation that is subject to the regulatory jurisdiction of the NRC, including (but not limited to) an applicant for or holder of a standard design approval under subpart E of part 52 of this chapter or a standard design certification under subpart B of part 52 of this chapter. Restricted area means an area, access to which is limited by the licensee for the purpose of protecting individuals against undue risks from exposure to radiation and radioactive materials. Restricted area does not include areas used as residential quarters, but separate rooms in a residential building may be set apart as a restricted area. Sequestration means the separation or isolation of witnesses and their attorneys from other witnesses and their attorneys during an interview conducted as part of an investigation, inspection, or other inquiry. Worker means an individual engaged in activities licensed or regulated by the Commission and controlled by a licensee or regulated entity, but does not include the l… | ||||||
| 10:10:1.0.1.1.15.0.76.4 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.4 Interpretations. | NRC | [38 FR 22217, Aug. 17, 1973, as amended at 90 FR 55627, Dec. 3, 2025] | Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||||
| 10:10:1.0.1.1.15.0.76.5 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.5 Communications. | NRC | [67 FR 67098, Nov. 4, 2002] | Except where otherwise specified in this part, all communications and reports concerning the regulations in this part should be addressed to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional Office listed in Appendix D of part 20 of this chapter. Communications, reports, and applications may be delivered in person at the Commission's offices at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. | ||||||
| 10:10:1.0.1.1.15.0.76.6 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.8 Information collection requirements: OMB approval. | NRC | [62 FR 52185, Oct. 6, 1997, as amended at 85 FR 65661, Oct. 16, 2020] | (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0044. (b) The approved information collection requirements contained in this part appear in §§ 19.12, 19.13, 19.16, and 19.31. | ||||||
| 10:10:1.0.1.1.15.0.76.7 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.11 Posting of notices to workers. | NRC | [38 FR 22217, Aug. 17, 1973, as amended at 40 FR 8783, Mar. 3, 1975; 47 FR 30454, July 14, 1982; 58 FR 52408, Oct. 8, 1993; 60 FR 24551, May 9, 1995; 61 FR 6764, Feb. 22, 1996; 62 FR 48166, Sept. 15, 1997; 68 FR 58801, Oct. 10, 2003; 72 FR 49484, Aug. 28, 2007; 73 FR 30457, May 28, 2008; 79 FR 66602, Nov. 10, 2014] | (a) Each licensee (except for a holder of an early site permit under subpart A of part 52 of this chapter, or a holder of a manufacturing license under subpart F of part 52 of this chapter) shall post current copies of the following documents: (1) The regulations in this part and in part 20 of this chapter; (2) The license, license conditions, or documents incorporated into a license by reference, and amendments thereto; (3) The operating procedures applicable to licensed activities; (4) Any notice of violation involving radiological working conditions, proposed imposition of civil penalty, or order issued pursuant to subpart B of part 2 of this chapter, and any response from the licensee. (b) Each applicant for and holder of a standard design approval under subpart E of part 52 of this chapter, each applicant for an early site permit under subpart A of part 52 of this chapter, each applicant for a standard design certification under subpart B of part 52 of this chapter, and each applicant for and holder of a manufacturing license under subpart F of part 52 of this chapter shall post: (1) The regulations in this part; (2) The operating procedures applicable to the activities regulated by the NRC which are being conducted by the applicant or holder; and (3) Any notice of violation, proposed imposition of civil penalty, or order issued under subpart B of part 2 of this chapter, and any response from the applicant or holder. (c) [Reserved] (d) If posting of a document specified in paragraphs (a)(1), (2) or (3), or (b)(1) or (2) of this section is not practicable, the licensee or regulated entity may post a notice which describes the document and states where it may be examined. (e)(1) Each licensee, each applicant for a specific license, each applicant for or holder of a standard design approval under subpart E of part 52 of this chapter, each applicant for an early site permit under subpart A of part 52 of this chapter, and each applicant for a standard design certification under subpart B of part 52 of … | ||||||
| 10:10:1.0.1.1.15.0.76.8 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.12 Instruction to workers. | NRC | [60 FR 36043, July 13, 1995] | (a) All individuals who in the course of employment are likely to receive in a year an occupational dose in excess of 100 mrem (1 mSv) shall be— (1) Kept informed of the storage, transfer, or use of radiation and/or radioactive material; (2) Instructed in the health protection problems associated with exposure to radiation and/or radioactive material, in precautions or procedures to minimize exposure, and in the purposes and functions of protective devices employed; (3) Instructed in, and required to observe, to the extent within the workers control, the applicable provisions of Commission regulations and licenses for the protection of personnel from exposure to radiation and/or radioactive material; (4) Instructed of their responsibility to report promptly to the licensee any condition which may lead to or cause a violation of Commission regulations and licenses or unnecessary exposure to radiation and/or radioactive material; (5) Instructed in the appropriate response to warnings made in the event of any unusual occurrence or malfunction that may involve exposure to radiation and/or radioactive material; and (6) Advised as to the radiation exposure reports which workers may request pursuant to § 19.13. (b) In determining those individuals subject to the requirements of paragraph (a) of this section, licensees must take into consideration assigned activities during normal and abnormal situations involving exposure to radiation and/or radioactive material which can reasonably be expected to occur during the life of a licensed facility. The extent of these instructions must be commensurate with potential radiological health protection problems present in the work place. | ||||||
| 10:10:1.0.1.1.15.0.76.9 | 10 | Energy | I | 19 | PART 19—NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS | § 19.13 Notifications and reports to individuals. | NRC | [38 FR 22217, Aug. 17, 1973, as amended at 40 FR 8783, Mar. 3, 1975; 44 FR 32352, June 6, 1979; 58 FR 67658, Dec. 22, 1993; 59 FR 41642, Aug. 15, 1994; 72 FR 68058, Dec. 4, 2007] | (a) Radiation exposure data for an individual, and the results of any measurements, analyses, and calculations of radioactive material deposited or retained in the body of an individual, shall be reported to the individual as specified in this section. The information reported shall include data and results obtained pursuant to Commission regulations, orders or license conditions, as shown in records maintained by the licensee pursuant to Commission regulations. Each notification and report shall: be in writing; include appropriate identifying data such as the name of the licensee, the name of the individual, the individual's social security number; include the individual's exposure information; and contain the following statement: This report is furnished to you under the provisions of the Nuclear Regulatory Commission regulation 10 CFR part 19. You should preserve this report for further reference. This report is furnished to you under the provisions of the Nuclear Regulatory Commission regulation 10 CFR part 19. You should preserve this report for further reference. (b) Each licensee shall make dose information available to workers as shown in records maintained by the licensee under the provisions of 10 CFR 20.2106. The licensee shall provide an annual report to each individual monitored under 10 CFR 20.1502 of the dose received in that monitoring year if: (1) The individual's occupational dose exceeds 1 mSv (100 mrem) TEDE or 1 mSv (100 mrem) to any individual organ or tissue; or (2) The individual requests his or her annual dose report. (c)(1) At the request of a worker formerly engaged in licensed activities controlled by the licensee, each licensee shall furnish to the worker a report of the worker's exposure to radiation and/or to radioactive material: (i) As shown in records maintained by the licensee pursuant to § 20.2106 for each year the worker was required to be monitored under the provisions of § 20.1502; and (ii) For each year the worker was required to be monitored under the monitoring re… | ||||||
| 15:15:1.1.1.1.24.1.4.1 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | A | Subpart A—General Provisions | § 19.1 What definitions apply to the regulations in this part? | DOC | As used in this part: Administrative offset or offset means withholding funds payable by the United States (including funds payable by the United States on behalf of a state government) to, or held by the United States for, a person to satisfy a debt owed by the person. The term “administrative offset” can include, but is not limited to, the offset of Federal salary, vendor, retirement, and Social Security benefit payments. The terms “centralized administrative offset” and “centralized offset” refer to the process by which the Treasury Department's Bureau of the Fiscal Service offsets Federal payments through the Treasury Offset Program. Administrative wage garnishment means the process by which a Federal agency orders a non-Federal employer to withhold amounts from a debtor's wages to satisfy a debt, as authorized by 31 U.S.C. 3720D, 31 CFR 285.11, and this part. Agency or Federal agency means a department, agency, court, court administrative office, or instrumentality in the executive, judicial, or legislative branch of the Federal Government, including government corporations. Bureau of the Fiscal Service means the Bureau of the Fiscal Service, a bureau of the Treasury Department, which is responsible for the centralized collection of delinquent debts through the offset of Federal payments and other means. Commerce debt means a debt owed to a Commerce entity by a person. Commerce Department means the United States Department of Commerce. Commerce entity means a component of the Commerce Department, including offices or bureaus. Commerce offices currently include the Office of the Secretary of Commerce, and the Office of Inspector General. Commerce bureaus currently include the Bureau of Industry and Security, the Economics and Statistics Administration (including the Bureau of Economic Analysis, and the Bureau of the Census), the Economic Development Administration, the International Trade Administration, the Minority Business Development Agency, the National Oceanic and Atmospheric Administratio… | ||||||
| 15:15:1.1.1.1.24.1.4.2 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | A | Subpart A—General Provisions | § 19.2 Why did the Commerce Department issue these regulations and what do they cover? | DOC | (a) Scope. This part provides procedures for the collection of Commerce Department debts. This part also provides procedures for collection of other debts owed to the United States when a request for offset of a payment for which Commerce Department is the payment agency is received by Commerce Department from another agency (for example, when a Commerce Department employee owes a debt to the United States Department of Education). (b) Applicability. (1) This part applies to Commerce Department when collecting a Commerce Department debt, to persons who owe Commerce Department debts, to persons controlled by or controlling persons who owe Federal agency debts, and to Federal agencies requesting offset of a payment issued by Commerce Department as a payment agency (including salary payments to Commerce Department employees). (2) This part does not apply to tax debts nor to any debt for which there is an indication of fraud or misrepresentation, as described in section 900.3 of the FCCS, unless the debt is returned by the Department of Justice to Commerce Department for handling. (3) Nothing in this part precludes collection or disposition of any debt under statutes and regulations other than those described in this part. See, for example, 5 U.S.C. 5705, Advancements and Deductions, which authorizes Commerce entities to recover travel advances by offset of up to 100 percent of a Federal employee's accrued pay. See, also, 5 U.S.C. 4108, governing the collection of training expenses. To the extent that the provisions of laws, other regulations, and Commerce Department enforcement policies differ from the provisions of this part, those provisions of law, other regulations, and Commerce Department enforcement policies apply to the remission or mitigation of fines, penalties, and forfeitures, and to debts arising under the tariff laws of the United States, rather than the provisions of this part. (c) Additional policies and procedures. Commerce entities may, but are not required to, promulgate additional po… | ||||||
| 15:15:1.1.1.1.24.1.4.3 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | A | Subpart A—General Provisions | § 19.3 Do these regulations adopt the Federal Claims Collection Standards (FCCS)? | DOC | This part adopts and incorporates all provisions of the FCCS (31 CFR Chapter IX parts 900-904). This part also supplements the FCCS by prescribing procedures consistent with the FCCS, as necessary and appropriate for Commerce Department operations. | ||||||
| 15:15:1.1.1.1.24.2.4.1 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.4 What notice will Commerce entities send to a debtor when collecting a Commerce debt? | DOC | (a) Notice requirements. Commerce entities shall aggressively collect Commerce debts. Commerce entities shall promptly send at least one written notice to a debtor informing the debtor of the consequences of failing to pay or otherwise resolve a Commerce debt. The notice(s) shall be sent to the debtor at the most current address of the debtor in the records of the Commerce entity collecting the Commerce debt. Generally, before starting the collection actions described in §§ 19.5 and 19.9 through 19.17 of this part, Commerce entities will send no more than two written notices to the debtor. The notice(s) explain why the Commerce debt is owed, the amount of the Commerce debt, how a debtor may pay the Commerce debt or make alternate repayment arrangements, how a debtor may review non-privileged documents related to the Commerce debt, how a debtor may dispute the Commerce debt, the collection remedies available to Commerce entities if the debtor refuses or otherwise fails to pay the Commerce debt, and other consequences to the debtor if the Commerce debt is not paid. Except as otherwise provided in paragraph (b) of this section, the written notice(s) shall explain to the debtor: (1) The nature and amount of the Commerce debt, and the facts giving rise to the Commerce debt; (2) How interest, penalties, and administrative costs are added to the Commerce debt, the date by which payment should be made to avoid such charges, and that such assessments must be made unless excused in accordance with 31 CFR 901.9 ( see § 19.5 of this part); (3) The date by which payment should be made to avoid the enforced collection actions described in paragraph (a)(6) of this section; (4) The Commerce entity's willingness to discuss alternative payment arrangements and how the debtor may enter into a written agreement to repay the Commerce debt under terms acceptable to the Commerce entity ( see § 19.6 of this part); (5) The name, address, and telephone number of a contact person or office within the Commerce entity; (6) The Comm… | ||||||
| 15:15:1.1.1.1.24.2.4.10 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.13 How will Commerce entities use administrative wage garnishment to collect a Commerce debt from a debtor's wages? | DOC | (a) Commerce entities are authorized to collect Commerce debts from an individual debtor's wages by means of administrative wage garnishment in accordance with the requirements of 31 U.S.C. 3720D and 31 CFR 285.11. This part adopts and incorporates all of the provisions of 31 CFR 285.11 concerning administrative wage garnishment, including the hearing procedures described in 31 CFR 285.11(f). Commerce entities may use administrative wage garnishment to collect a delinquent Commerce debt unless the debtor is making timely payments under an agreement to pay the Commerce debt in installments ( see § 19.6 of this part). At least thirty (30) days prior to initiating an administrative wage garnishment, Commerce entities will send notice to the debtor in accordance with the requirements of § 19.4 of this part, including the requirements of § 19.4(a)(10) of this part. For Commerce debts referred to the Bureau of the Fiscal Service under § 19.9 of this part, Commerce entities may authorize the Bureau of the Fiscal Service to send a notice informing the debtor that administrative wage garnishment will be initiated and how the debtor may request a hearing as described in § 19.4(a)(10) of this part. If a debtor makes a timely request for a hearing, administrative wage garnishment will not begin until a hearing is held and a decision is sent to the debtor. See 31 CFR 285.11(f)(4). Even if a debtor's hearing request is not timely, Commerce entities may suspend collection by administrative wage garnishment in accordance with the provisions of 31 CFR 285.11(f)(5). All travel expenses incurred by the debtor in connection with an in-person hearing will be borne by the debtor. (b) This section does not apply to Federal salary offset, the process by which Commerce entities collect Commerce debts from the salaries of Federal employees ( see § 19.12 of this part). | ||||||
| 15:15:1.1.1.1.24.2.4.11 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.14 How will Commerce entities report Commerce debts to credit bureaus? | DOC | Commerce entities shall report delinquent Commerce debts to credit bureaus in accordance with the provisions of 31 U.S.C. 3711(e), 31 CFR 901.4, and the Office of Management and Budget Circular A-129, “Policies for Federal Credit Programs and Non-tax Receivables.” For additional information, see Bureau of the Fiscal Service's “Guide to the Federal Credit Bureau Program,” available at https://www.fiscal.treasury.gov/fsreports/fs_reference.htm. At least sixty (60) days prior to reporting a delinquent Commerce debt to a consumer reporting agency, Commerce entities will send notice to the debtor in accordance with the requirements of § 19.4 of this part. Commerce entities may authorize the Bureau of the Fiscal Service to report to credit bureaus those delinquent Commerce debts that have been transferred to the Bureau of the Fiscal Service under § 19.9 of this part. | ||||||
| 15:15:1.1.1.1.24.2.4.12 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.15 How will Commerce entities refer Commerce debts to private collection agencies? | DOC | Commerce entities will transfer delinquent Commerce debts to the Bureau of the Fiscal Service to obtain debt collection services provided by private collection agencies. See § 19.9 of this part. | ||||||
| 15:15:1.1.1.1.24.2.4.13 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.16 When will Commerce entities refer Commerce debts to the Department of Justice? | DOC | (a) Compromise or suspension or termination of collection activity. Commerce entities shall refer Commerce debts having a principal balance over $100,000, or such higher amount as authorized by the Attorney General, to the Department of Justice for approval of any compromise of a Commerce debt or suspension or termination of collection activity. See §§ 19.7 and 19.8 of this part; 31 CFR 902.1; 31 CFR 903.1. (b) Litigation. Commerce entities shall promptly refer to the Department of Justice for litigation delinquent Commerce debts on which aggressive collection activity has been taken in accordance with this part and that should not be compromised, and on which collection activity should not be suspended or terminated. See 31 CFR part 904. Commerce entities may authorize the Bureau of the Fiscal Service to refer to the Department of Justice for litigation those delinquent Commerce debts that have been transferred to the Bureau of the Fiscal Service under § 19.9 of this part. | ||||||
| 15:15:1.1.1.1.24.2.4.14 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.17 Will a debtor who owes a Commerce or other Federal agency debt, and persons controlled by or controlling such debtors, be ineligible for Federal loan assistance, grants, cooperative agreements, or other sources of Federal funds or for Federal licenses, permits, or privileges? | DOC | (a) Delinquent debtors are ineligible for and barred from obtaining Federal loans or loan insurance or guaranties. As required by 31 U.S.C. 3720B and 31 CFR 901.6, Commerce entities will not extend financial assistance in the form of a loan, loan guarantee, or loan insurance to any person delinquent on a debt owed to a Federal agency. Commerce Department may issue standards under which Commerce Department may determine that persons controlled by or controlling such delinquent debtors are similarly ineligible in accordance with 31 CFR 285.13(c)(2). This prohibition does not apply to disaster loans. Commerce entities may extend credit after the delinquency has been resolved. See 31 CFR 285.13. Waivers of ineligibility may be granted by the Secretary or designee on a person by person basis in accordance with 31 CFR 285.13(g). However, such authority may not be delegated below the Deputy Chief Financial Officer. (b) A debtor who has a judgment lien against the debtor's property for a debt to the United States is not eligible to receive grants, loans or funds directly or indirectly from the United States until the judgment is paid in full or otherwise satisfied. This prohibition does not apply to funds to which the debtor is entitled as beneficiary. Commerce Department may promulgate regulations to allow for waivers of this ineligibility. See 28 U.S.C. 3201(e). (c) Suspension or revocation of eligibility for licenses, permits, or privileges. Unless prohibited by law, Commerce entities with the authority to do so under the circumstances should deny, suspend or revoke licenses, permits, or other privileges for any inexcusable or willful failure of a debtor to pay a debt. The Commerce entity responsible for distributing the licenses, permits, or other privileges will establish policies and procedures governing suspension and revocation for delinquent debtors. If applicable, Commerce entities will advise the debtor in the notice required by § 19.4 of this part of the Commerce entities' ability to deny, suspend or re… | ||||||
| 15:15:1.1.1.1.24.2.4.15 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.18 How does a debtor request a special review based on a change in circumstances such as catastrophic illness, divorce, death, or disability? | DOC | (a) Material change in circumstances. A debtor who owes a Commerce debt may, at any time, request a special review by the applicable Commerce entity of the amount of any offset, administrative wage garnishment, or voluntary payment, based on materially changed circumstances beyond the control of the debtor such as, but not limited to, catastrophic illness, divorce, death, or disability. (b) Inability to pay. For purposes of this section, in determining whether an involuntary or voluntary payment would prevent the debtor from meeting essential subsistence expenses (e.g., costs incurred for food, housing, clothing, transportation, and medical care), the debtor shall submit a detailed statement and supporting documents for the debtor, his or her spouse, and dependents, indicating: (1) Income from all sources; (2) Assets; (3) Liabilities; (4) Number of dependents; (5) Expenses for food, housing, clothing, and transportation; (6) Medical expenses; (7) Exceptional expenses, if any; and (8) Any additional materials and information that the Commerce entity may request relating to ability or inability to pay the amount(s) currently required. (c) Alternative payment arrangement. If the debtor requests a special review under this section, the debtor shall submit an alternative proposed payment schedule and a statement to the Commerce entity collecting the Commerce debt, with supporting documents, showing why the current offset, garnishment or repayment schedule imposes an extreme financial hardship on the debtor. The Commerce entity will evaluate the statement and documentation and determine whether the current offset, garnishment, or repayment schedule imposes extreme financial hardship on the debtor. The Commerce entity shall notify the debtor in writing of such determination, including, if appropriate, a revised offset, garnishment, or payment schedule. If the special review results in a revised offset, garnishment, or repayment schedule, the Commerce entity will notify the appropriate Federal agency or o… | ||||||
| 15:15:1.1.1.1.24.2.4.16 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.19 Will Commerce entities issue a refund if money is erroneously collected on a Commerce debt? | DOC | Commerce entities shall promptly refund to a debtor any amount collected on a Commerce debt when the Commerce debt is waived or otherwise found not to be owed to the United States, or as otherwise required by law. Refunds under this part shall not bear interest unless required by law. | ||||||
| 15:15:1.1.1.1.24.2.4.2 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.5 How will Commerce entities add interest, penalty charges, and administrative costs to a Commerce debt? | DOC | (a) Assessment and notice. Commerce entities shall assess interest, penalties and administrative costs on Commerce debts in accordance with the provisions of 31 U.S.C. 3717 and 31 CFR 901.9. Interest shall be charged in accordance with the requirements of 31 U.S.C. 3717(a). Penalties shall accrue at a rate of not more than 6% per year or such other higher rate as authorized by law. Administrative costs, that is, the costs of processing and handling a delinquent debt, shall be determined by the Commerce entity collecting the debt, as directed by the Office of the Deputy Chief Financial Officer. Commerce entities may have additional policies regarding how interest, penalties, and administrative costs are assessed on particular types of debts, subject to the approval of the Deputy Chief Financial Officer. Commerce entities are required to explain in the notice to the debtor described in § 19.4 of this part how interest, penalties, costs, and other charges are assessed, unless the requirements are included in a contract or other legally binding agreement. (b) Waiver of interest, penalties, and administrative costs. Unless otherwise required by law or contract, Commerce entities may not charge interest if the amount due on the Commerce debt is paid within 30 days after the date from which the interest accrues. See 31 U.S.C. 3717(d). Commerce entities may, with legal counsel approval, waive interest, penalties, and administrative costs, or any portion thereof, when it would be against equity and good conscience or not in the United States' best interest to collect such charges, in accordance with Commerce guidelines for such waivers. ( See Commerce Department Credit and Debt Management Operating Standards and Procedures Handbook, available at http://www.osec.doc.gov/ofm/credit/cover.html.) (c) Accrual during suspension of debt collection. In most cases, interest, penalties and administrative costs will continue to accrue during any period when collection has been suspended for any reason (for example, when … | ||||||
| 15:15:1.1.1.1.24.2.4.3 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.6 When will Commerce entities allow a debtor to pay a Commerce debt in installments instead of one lump sum? | DOC | If a debtor is financially unable to pay the Commerce debt in one lump sum, a Commerce entity may accept payment of a Commerce debt in regular installments, in accordance with the provisions of 31 CFR 901.8 and the Commerce entity's policies and procedures. | ||||||
| 15:15:1.1.1.1.24.2.4.4 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.7 When will Commerce entities compromise a Commerce debt? | DOC | If a Commerce entity cannot collect the full amount of a Commerce debt, the Commerce entity may, with legal counsel approval, compromise the Commerce debt in accordance with the provisions of 31 CFR part 902 and the Commerce entity's policies and procedures. ( See Commerce Department Credit and Debt Management Operating Standards and Procedures Handbook, available at http://www.osec.doc.gov/ofm/credit.cover.html. ) | ||||||
| 15:15:1.1.1.1.24.2.4.5 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.8 When will Commerce entities suspend or terminate debt collection on a Commerce debt? | DOC | If, after pursuing all appropriate means of collection, a Commerce entity determines that a Commerce debt is uncollectible, the Commerce entity may, with legal counsel approval, suspend or terminate debt collection activity in accordance with the provisions of 31 CFR part 903 and the Commerce entity's policies and procedures. Termination of debt collection activity by a Commerce entity does not discharge the indebtedness. ( See Commerce Department Credit and Debt Management Operating Standards and Procedures Handbook, available at http://www.osec.doc.gov/ofm/credit/cover.html. ) | ||||||
| 15:15:1.1.1.1.24.2.4.6 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.9 When will Commerce entities transfer a Commerce debt to the Treasury Department's Bureau of the Fiscal Service for collection? | DOC | (a) Commerce entities will transfer any Commerce debt that is more than 120 days delinquent to the Bureau of the Fiscal Service for debt collection services, a process known as “cross-servicing.” See 31 U.S.C. 3711(g), 31 CFR 285.12, and 31 U.S.C. 3716(c)(6). Commerce entities may transfer Commerce debts delinquent 120 days or less to the Bureau of the Fiscal Service in accordance with the procedures described in 31 CFR 285.12. The Bureau of the Fiscal Service takes appropriate action to collect or compromise the transferred Commerce debt, or to suspend or terminate collection action thereon, in accordance with the statutory and regulatory requirements and authorities applicable to the Commerce debt and the collection action to be taken. See 31 CFR 285.12(b) and 285.12(c)(2). Appropriate action can include, but is not limited to, contact with the debtor, referral of the Commerce debt to the Treasury Offset Program, private collection agencies or the Department of Justice, reporting of the Commerce debt to credit bureaus, and administrative wage garnishment. (b) At least sixty (60) days prior to transferring a Commerce debt to the Bureau of the Fiscal Service, Commerce entities will send notice to the debtor as required by § 19.4 of this part. Commerce entities will certify to the Bureau of the Fiscal Service, in writing, that the Commerce debt is valid, delinquent, legally enforceable, and that there are no legal bars to collection. In addition, Commerce entities will certify their compliance with all applicable due process and other requirements as described in this part and other Federal laws. See 31 CFR 285.12(i) regarding the certification requirement. (c) As part of its debt collection process, the Bureau of the Fiscal Service uses the Treasury Offset Program to collect Commerce debts by administrative and tax refund offset. See 31 CFR 285.12(g). The Treasury Offset Program is a centralized offset program administered by the Bureau of the Fiscal Service to collect delinquent debts owed to Federal a… | ||||||
| 15:15:1.1.1.1.24.2.4.7 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.10 How will Commerce entities use administrative offset (offset of non-tax Federal payments) to collect a Commerce debt? | DOC | (a) Centralized administrative offset through the Treasury Offset Program. (1) In most cases, the Bureau of the Fiscal Service uses the Treasury Offset Program to collect Commerce debts by the offset of Federal payments. See § 19.9(c) of this part. If not already transferred to the Bureau of the Fiscal Service under § 19.9 of this part, Commerce entities will refer Commerce debt over 120 days delinquent to the Treasury Offset Program for collection by centralized administrative offset. See 31 U.S.C. 3716(c)(6); 31 CFR part 285, subpart A; and 31 CFR 901.3(b). Commerce entities may refer to the Treasury Offset Program for offset any Commerce debt that has been delinquent for 120 days or less. (2) At least sixty (60) days prior to referring a Commerce debt to the Treasury Offset Program, in accordance with paragraph (a)(1) of this section, Commerce entities will send notice to the debtor in accordance with the requirements of § 19.4 of this part. Commerce entities will certify to the Bureau of the Fiscal Service, in writing, that the Commerce debt is valid, delinquent, legally enforceable, and that there are no legal bars to collection by offset. In addition, Commerce entities will certify their compliance with the requirements described in this part. (b) Non-centralized administrative offset for Commerce debts. (1) When centralized administrative offset through the Treasury Offset Program is not available or appropriate, Commerce entities may collect past-due, legally enforceable Commerce debts through non-centralized administrative offset. See 31 CFR 901.3(c). In these cases, Commerce entities may offset a payment internally or make an offset request directly to a Federal payment agency. If the Federal payment agency is another Commerce entity, the Commerce entity making the request shall do so through the Deputy Chief Financial Officer as described in § 19.20(c) of this part. (2) At least thirty (30) days prior to offsetting a payment internally or requesting a Federal payment agency to offset a pay… | ||||||
| 15:15:1.1.1.1.24.2.4.8 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.11 How will Commerce entities use tax refund offset to collect a Commerce debt? | DOC | (a) Tax refund offset. In most cases, the Bureau of the Fiscal Service uses the Treasury Offset Program to collect Commerce debts by the offset of tax refunds and other Federal payments. See § 19.9(c) of this part. If not already transferred to the Bureau of the Fiscal Service under § 19.9 of this part, Commerce entities will refer to the Treasury Offset Program any past-due, legally enforceable Commerce debt for collection by tax refund offset. See 26 U.S.C. 6402(d), 31 U.S.C. 3720A and 31 CFR 285.2. (b) Notice. At least sixty (60) days prior to referring a Commerce debt to the Treasury Offset Program, Commerce entities will send notice to the debtor in accordance with the requirements of § 19.4 of this part. Commerce entities will certify to the Bureau of the Fiscal Service's Treasury Offset Program, in writing, that the Commerce debt is past due and legally enforceable in the amount submitted and that the Commerce entities have made reasonable efforts to obtain payment of the Commerce debt as described in 31 CFR 285.2(d). In addition, Commerce entities will certify their compliance with all applicable due process and other requirements described in this part and other Federal laws. See 31 U.S.C. 3720A(b) and 31 CFR 285.2. (c) Administrative review. The notice described in § 19.4 of this part shall provide the debtor with at least 60 days prior to the initiation of tax refund offset to request an administrative review as described in § 19.10(c) of this part. Commerce entities may suspend collection through tax refund offset and/or other collection actions pending the resolution of the debtor's dispute. | ||||||
| 15:15:1.1.1.1.24.2.4.9 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | B | Subpart B—Procedures To Collect Commerce Debts | § 19.12 How will Commerce entities offset a Federal employee's salary to collect a Commerce debt? | DOC | (a) Federal salary offset. (1) Salary offset is used to collect debts owed to the United States by Commerce Department and other Federal employees. If a Federal employee owes a Commerce debt, Commerce entities may offset the employee's Federal salary to collect the Commerce debt in the manner described in this section. For information on how a Federal agency other than a Commerce entity may collect debt from the salary of a Commerce Department employee, see §§ 19.20 and 19.21, subpart C, of this part. (2) Nothing in this part requires a Commerce entity to collect a Commerce debt in accordance with the provisions of this section if Federal law allows otherwise. See, for example, 5 U.S.C. 5705 (travel advances not used for allowable travel expenses are recoverable from the employee or his estate by setoff against accrued pay and other means) and 5 U.S.C. 4108 (recovery of training expenses). (3) Commerce entities may use the administrative wage garnishment procedure described in § 19.13 of this part to collect a Commerce debt from an individual's non-Federal wages. (b) Centralized salary offset through the Treasury Offset Program. As described in § 19.9(a) of this part, Commerce entities will refer Commerce debts to the Bureau of the Fiscal Service for collection by administrative offset, including salary offset, through the Treasury Offset Program. When possible, Commerce entities should attempt salary offset through the Treasury Offset Program before applying the procedures in paragraph (c) of this section. See 5 CFR 550.1108 and 550.1109. (c) Non-centralized salary offset for Commerce debts. When centralized salary offset through the Treasury Offset Program is not available or appropriate, Commerce entities may collect delinquent Commerce debts through non-centralized salary offset. See 5 CFR 550.1109. In these cases, Commerce entities may offset a payment internally or make a request directly to a Federal payment agency to offset a salary payment to collect a delinquent Commerce debt owed by a… | ||||||
| 15:15:1.1.1.1.24.3.4.1 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | C | Subpart C—Procedures for Offset of Commerce Department Payments To Collect Debts Owed to Other Federal Agencies | § 19.20 How do other Federal agencies use the offset process to collect debts from payments issued by a Commerce entity? | DOC | (a) Offset of Commerce entity payments to collect debts owed to other Federal agencies. (1) In most cases, Federal agencies submit debts to the Treasury Offset Program to collect delinquent debts from payments issued by Commerce entities and other Federal agencies, a process known as “centralized offset.” When centralized offset is not available or appropriate, any Federal agency may ask a Commerce entity (when acting as a “payment agency”) to collect a debt owed to such agency by offsetting funds payable to a debtor by the Commerce entity, including salary payments issued to Commerce entity employees. This section and § 19.21 of this subpart C apply when a Federal agency asks a Commerce entity to offset a payment issued by the Commerce entity to a person who owes a debt to the United States. (2) This subpart C does not apply to Commerce debts. See §§ 19.10 through 19.12 of this part for offset procedures applicable to Commerce debts. (3) This subpart C does not apply to the collection of non-Commerce debts through tax refund offset. See 31 CFR 285.2 for tax refund offset procedures. (b) Administrative offset (including salary offset); certification. A Commerce entity will initiate a requested offset only upon receipt of written certification from the creditor agency that the debtor owes the past-due, legally enforceable debt in the amount stated, and that the creditor agency has fully complied with all applicable due process and other requirements contained in 31 U.S.C. 3716, 5 U.S.C. 5514, and the creditor agency's regulations, as applicable. Offsets will continue until the debt is paid in full or otherwise resolved to the satisfaction of the creditor agency. (c) Where a creditor agency makes requests for offset. Requests for offset under this section shall be sent to the Department of Commerce, ATTN: Deputy Chief Financial Officer, 1401 Constitution Avenue NW., Room D200, Washington, DC 20230. The Deputy Chief Financial Officer will forward the request to the appropriate Commerce entity for proce… | ||||||
| 15:15:1.1.1.1.24.3.4.2 | 15 | Commerce and Foreign Trade | 19 | PART 19—COMMERCE DEBT COLLECTION | C | Subpart C—Procedures for Offset of Commerce Department Payments To Collect Debts Owed to Other Federal Agencies | § 19.21 What does a Commerce entity do upon receipt of a request to offset the salary of a Commerce entity employee to collect a debt owed by the employee to another Federal agency? | DOC | (a) Notice to the Commerce employee. When a Commerce entity receives proper certification of a debt owed by one of its employees, the Commerce entity will begin deductions from the employee's pay at the next officially established pay interval. The Commerce entity will send a written notice to the employee indicating that a certified debt claim has been received from the creditor agency, the amount of the debt claimed to be owed by the creditor agency, the date deductions from salary will begin, and the amount of such deductions. (b) Amount of deductions from Commerce employee's salary. The amount deducted under § 19.20(b) of this part will be the lesser of the amount of the debt certified by the creditor agency or an amount up to 15 percent of the debtor's disposable pay. Deductions shall continue until the Commerce entity knows that the debt is paid in full or until otherwise instructed by the creditor agency. Alternatively, the amount offset may be an amount agreed upon, in writing, by the debtor and the creditor agency. See § 19.12(g) (salary offset process). (c) When the debtor is no longer employed by the Commerce entity —(1) Offset of final and subsequent payments. If a Commerce entity employee retires or resigns or if his or her employment ends before collection of the debt is complete, the Commerce entity will continue to offset, under 31 U.S.C. 3716, up to 100 percent of an employee's subsequent payments until the debt is paid or otherwise resolved. Such payments include a debtor's final salary payment, lump-sum leave payment, and other payments payable to the debtor by the Commerce entity. See 31 U.S.C. 3716 and 5 CFR 550.1104(l) and 550.1104(m). (2) Notice to the creditor agency. If the employee is separated from the Commerce entity before the debt is paid in full, the Commerce entity will certify to the creditor agency the total amount of its collection. If the Commerce entity is aware that the employee is entitled to payments from the Civil Service Retirement and Disability Fund, Fed… | ||||||
| 17:17:1.0.1.1.18.0.7.1 | 17 | Commodity and Securities Exchanges | I | 19 | PART 19—REPORTS BY PERSONS HOLDING REPORTABLE POSITIONS IN EXCESS OF POSITION LIMITS, AND BY MERCHANTS AND DEALERS IN COTTON | § 19.00 Who shall furnish information. | CFTC | (a) Persons filing cotton-on-call reports. Merchants and dealers of cotton holding or controlling positions for future delivery in cotton that are reportable pursuant to § 15.00(p)(1)(i) of this chapter shall file CFTC Form 304. (b) Persons responding to a special call. All persons: Exceeding speculative position limits under § 150.2 of this chapter; or holding or controlling positions for future delivery that are reportable pursuant to § 15.00(p)(1) of this chapter and who have received a special call from the Commission or its designee shall file any pertinent information as instructed in the special call. Filings in response to a special call shall be made within one business day of receipt of the special call unless otherwise specified in the call. Such filing shall be transmitted using the format, coding structure, and electronic data submission procedures approved in writing by the Commission. | |||||||
| 17:17:1.0.1.1.18.0.7.2 | 17 | Commodity and Securities Exchanges | I | 19 | PART 19—REPORTS BY PERSONS HOLDING REPORTABLE POSITIONS IN EXCESS OF POSITION LIMITS, AND BY MERCHANTS AND DEALERS IN COTTON | § 19.01 [Reserved] | CFTC | ||||||||
| 17:17:1.0.1.1.18.0.7.3 | 17 | Commodity and Securities Exchanges | I | 19 | PART 19—REPORTS BY PERSONS HOLDING REPORTABLE POSITIONS IN EXCESS OF POSITION LIMITS, AND BY MERCHANTS AND DEALERS IN COTTON | § 19.02 Reports pertaining to cotton on call purchases and sales. | CFTC | (a) Information required. Persons required to file CFTC Form 304 reports under § 19.00(a) shall file CFTC Form 304 reports showing the quantity of call cotton bought or sold on which the price has not been fixed, together with the respective futures on which the purchase or sale is based. As used herein, call cotton refers to spot cotton bought or sold, or contracted for purchase or sale at a price to be fixed later based upon a specified future. (b) Time and place of filing reports. Each CFTC Form 304 report shall be made weekly, dated as of the close of business on Friday, and filed not later than 9 a.m. Eastern Time on the third business day following that Friday using the format, coding structure, and electronic data transmission procedures approved in writing by the Commission. | |||||||
| 17:17:1.0.1.1.18.0.7.4 | 17 | Commodity and Securities Exchanges | I | 19 | PART 19—REPORTS BY PERSONS HOLDING REPORTABLE POSITIONS IN EXCESS OF POSITION LIMITS, AND BY MERCHANTS AND DEALERS IN COTTON | § 19.03 Delegation of authority to the Director of the Division of Enforcement. | CFTC | (a) The Commission hereby delegates, until it orders otherwise, the authority in § 19.00(b) to issue special calls to the Director of the Division of Enforcement, or such other employee or employees as the Director may designate from time to time. (b) The Commission hereby delegates, until it orders otherwise, to the Director of the Division of Enforcement, or such other employee or employees as the Director may designate from time to time, the authority in § 19.00(b) to provide instructions or to determine the format, coding structure, and electronic data transmission procedures for submitting data records and any other information required under this part. (c) The Director of the Division of Enforcement may submit to the Commission for its consideration any matter which has been delegated in this section. (d) Nothing in this section prohibits the Commission, at its election, from exercising the authority delegated in this section. | |||||||
| 17:17:1.0.1.1.18.0.7.5 | 17 | Commodity and Securities Exchanges | I | 19 | PART 19—REPORTS BY PERSONS HOLDING REPORTABLE POSITIONS IN EXCESS OF POSITION LIMITS, AND BY MERCHANTS AND DEALERS IN COTTON | §§ 19.04--19.10 [Reserved] | CFTC | ||||||||
| 21:21:1.0.1.1.15.1.98.1 | 21 | Food and Drugs | I | A | 19 | PART 19—STANDARDS OF CONDUCT AND CONFLICTS OF INTEREST | A | Subpart A—General Provisions | § 19.1 Scope. | FDA | This part governs the standards of conduct for, and establishes regulations to prevent conflicts of interest by, all Food and Drug Administration employees. | ||||
| 21:21:1.0.1.1.15.1.98.2 | 21 | Food and Drugs | I | A | 19 | PART 19—STANDARDS OF CONDUCT AND CONFLICTS OF INTEREST | A | Subpart A—General Provisions | § 19.5 Reference to Department regulations. | FDA | (a) The provisions of 45 CFR part 73, establishing standards of conduct for all Department employees, are fully applicable to all Food and Drug Administration employees, except that such regulations shall be applicable to special government employees, i.e., consultants to the Food and Drug Administration, only to the extent stated in subpart L of 45 CFR part 73. (b) The provisions of 45 CFR part 73a supplement the Department standards of conduct and apply only to Food and Drug Administration employees except special government employees. | ||||
| 21:21:1.0.1.1.15.1.98.3 | 21 | Food and Drugs | I | A | 19 | PART 19—STANDARDS OF CONDUCT AND CONFLICTS OF INTEREST | A | Subpart A—General Provisions | § 19.6 Code of ethics for government service. | FDA | The following code of ethics, adopted by Congress on July 11, 1958, shall apply to all Food and Drug Administration employees: Code of Ethics for Government Service Any person in Government service should: 1. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or Government department. 2. Uphold the Constitution, laws, and legal regulations of the United States and of all governments therein and never be a party to their evasion. 3. Give a full day's labor for a full day's pay; giving to the performance of his duties his earnest effort and best thought. 4. Seek to find and employ more efficient and economical ways of getting tasks accomplished. 5. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties. 6. Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty. 7. Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties. 8. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. 9. Expose corruption wherever discovered. 10. Uphold these principles, ever conscious that public office is a public trust. Any person in Government service should: 1. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or Government department. 2. Uphold the Constitution, laws, and legal regulations of the United States and of all governments therein and never be a party to their evasion. 3. Give a full day's labor for a full day's pay; giving to the performance of his duties his earnest effort a… | ||||
| 21:21:1.0.1.1.15.1.98.4 | 21 | Food and Drugs | I | A | 19 | PART 19—STANDARDS OF CONDUCT AND CONFLICTS OF INTEREST | A | Subpart A—General Provisions | § 19.10 Food and Drug Administration Conflict of Interest Review Board. | FDA | [42 FR 15615, Mar. 22, 1977, as amended at 46 FR 8456, Jan. 27, 1981; 50 FR 52278, Dec. 23, 1985; 55 FR 1404, Jan. 16, 1990; 65 FR 56479, Sept. 19, 2000; 76 FR 31469, June 1, 2011] | (a) The Commissioner shall establish a permanent five-member Conflict of Interest Review Board, which shall review and make recommendations to the Commissioner on all specific or policy matters relating to conflicts of interest arising within the Food and Drug Administration that are forwarded to it by: (1) The Associate Commissioner for Management and Operations or (2) anyone who is the subject of an adverse determination by the Associate Commissioner for Management and Operations on any matter arising under the conflict of interest laws, except a determination of an apparent violation of law. The Director, Division of Ethics and Program Integrity, Office of Management and Operations, shall serve as executive secretary of the Review Board. (b) It shall be the responsibility of every Food and Drug Administration employee with whom any specific or policy issue relating to conflicts of interest is raised, or who otherwise wishes to have any such matter resolved, to forward the matter to the Associate Commissioner for Management and Operations for resolution, except that reporting of apparent violations of law are governed by § 19.21. (c) All general policy relating to conflicts of interest shall be established in guidance documents pursuant to the provisions of § 10.90(b) of this chapter and whenever feasible shall be incorporated in regulations in this subpart. (d) All decisions relating to specific individuals shall be placed in a public file established for this purpose by the Division of Freedom of Information, e.g., a determination that a consultant may serve on an advisory committee with specific limitations or with public disclosure of stock holdings, except that such determination shall be written in a way that does not identify the individual in the following situations: (1) A determination that an employee must dispose of prohibited financial interests or refrain from incompatible outside activities in accordance with established Department or agency regulations. (2) A determination that a proposed c… | |||
| 21:21:1.0.1.1.15.2.98.1 | 21 | Food and Drugs | I | A | 19 | PART 19—STANDARDS OF CONDUCT AND CONFLICTS OF INTEREST | B | Subpart B—Reporting of Violations | § 19.21 Duty to report violations. | FDA | [42 FR 15615, Mar. 22, 1977, as amended at 46 FR 8456, Jan. 27, 1981; 50 FR 52278, Dec. 23, 1985; 60 FR 47478, Sept. 13, 1995] | (a) The Office of Internal Affairs, Office of the Commissioner, is responsible for obtaining factual information for the Food and Drug Administration on any matter relating to allegations of misconduct, impropriety, conflict of interest, or other violations of Federal statutes by agency personnel. (b) Any Food and Drug Administration employee who has factual information showing or who otherwise believes that any present or former Food and Drug Administration employee has violated or is violating any provision of this subpart or of 45 CFR parts 73 or 73a or of any statute listed in appendix A to 45 CFR part 73 should report such information directly to the Office of Internal Affairs. Any such reports shall be in writing or shall with the assistance of the Office of Internal Affairs, be reduced to writing, and shall be promptly investigated. (c) Any report pursuant to paragraph (b) of this section and any records relating to an investigation of such reports shall be maintained in strict confidence in the files of the Office of Internal Affairs, shall be exempt from public disclosure, and may be reviewed only by authorized Food and Drug Administration employees who are required to do so in the performance of their duties. | |||
| 21:21:1.0.1.1.15.3.98.1 | 21 | Food and Drugs | I | A | 19 | PART 19—STANDARDS OF CONDUCT AND CONFLICTS OF INTEREST | C | Subpart C—Disqualification Conditions | § 19.45 Temporary disqualification of former employees. | FDA | Within 1 year after termination of employment with the Food and Drug Administration, no former Food and Drug Administration employee, including a special government employee, shall appear personally before the Food and Drug Administration or other federal agency or court as agent or attorney for any person other than the United States in connection with any proceeding or matter in which the United States is a party or has a direct and substantial interest and which was under his official responsibility at any time within one year preceding termination of such responsibility. The term official responsibility means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct government action. | ||||
| 21:21:1.0.1.1.15.3.98.2 | 21 | Food and Drugs | I | A | 19 | PART 19—STANDARDS OF CONDUCT AND CONFLICTS OF INTEREST | C | Subpart C—Disqualification Conditions | § 19.55 Permanent disqualification of former employees. | FDA | No former Food and Drug Administration employee, including a special government employee, shall knowingly act as agent or attorney for anyone other than United States in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, or other particular matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest and in which he participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, investigation, or otherwise as a Food and Drug Administration employee. | ||||
| 28:28:1.0.1.1.20.0.4.1 | 28 | Judicial Administration | I | 19 | PART 19—USE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING CHILDREN | § 19.1 Purpose. | DOJ | This regulation, providing for a Missing Children Penalty Mail Program in the Department of Justice (DOJ), is intended to comply with the regulation requirement set forth in section 1(a) of Public Law 99-87, which adds a new section 3220 to title 39, U.S. Code. The regulation also implements the Office of Juvenile Justice and Delinquency Prevention (OJJDP) guideline (50 FR 46622) promulgated under the authority of 39 U.S.C. 3220(a)(1), and is intended to assist in the location and recovery of missing children through the use of DOJ penalty mail. | |||||||
| 28:28:1.0.1.1.20.0.4.2 | 28 | Judicial Administration | I | 19 | PART 19—USE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING CHILDREN | § 19.2 Contact person for Missing Children Penalty Mail Program. | DOJ | The DOJ contact person for the Missing Children Penalty Mail Program is: Patricia Schellman, General Services Staff, Justice Management Division, U.S. Department of Justice, 10th and Constitution Ave., NW., Washington, DC 20530, telephone number (202) 633-2353. | |||||||
| 28:28:1.0.1.1.20.0.4.3 | 28 | Judicial Administration | I | 19 | PART 19—USE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING CHILDREN | § 19.3 Policy. | DOJ | (a) The Department of Justice will supplement and expand the national effort to assist in the location and recovery of missing children by maximizing the economical use of missing children photographs and biographical information in domestic penalty mail directed to members of the public. (b) Because the use of inserts printed with missing children photographs and biographical information has been determined to be the most cost effective method for general application of the program, DOJ's first priority will be to insert, manually and via automated inserting equipment, photographs and biographical data related to missing children in a variety of types of penalty mail envelopes. These include: (1) Standard letter-size envelopes (4 1/2 ″ × 9 1/2 ″); (2) Document-size envelopes (9 1/2 ″ × 12″, 9 1/2 × 11 1/2 ″, 10″ × 13″); and (3) Other envelopes (misc. size). (c)(1) Maximum consideration will be given to the use of missing children materials with high volume printing plant or distribution plan mail that will be sent to the public or to Federal, State or local government agencies. Every effort will be made to use the most cost effective and efficient methods of obtaining, distributing, and disseminating missing children information. (2) In instances when the printing of photograph(s) and biographical information directly on self-mailers and other publications (newsletters, bulletins, etc.) and/or on penalty mail envelopes proves to be practical and cost effective, this method may also be used. Photographs and biographical information related to missing children may be printed on the three types of penalty mail envelopes listed above. (d) Missing children information shall not be placed on the “Penalty Indicia”, “OCR Read Area”, “Bar Code Read Area”, and “Return Address” areas of standard letter-size envelopes per appendix A of the OJJDP guideline as published in the November 8, 1985, Federal Register (50 FR 46625). (e) The National Center for Missing and Exploited Children (National Center) will be … | |||||||
| 28:28:1.0.1.1.20.0.4.4 | 28 | Judicial Administration | I | 19 | PART 19—USE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING CHILDREN | § 19.4 Cost and percentage estimates. | DOJ | It is estimated that this program will cost DOJ $78,000 during the initial year. This figure is based on estimates of printing, inserting, and administrative costs. It is DOJ's objective that 50 percent of DOJ penalty mail contain missing children photographs and biographical information by the end of the first year of the program. | |||||||
| 28:28:1.0.1.1.20.0.4.5 | 28 | Judicial Administration | I | 19 | PART 19—USE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING CHILDREN | § 19.5 Report to the Office of Juvenile Justice and Delinquency Prevention. | DOJ | DOJ will compile and submit to OJJDP, by June 30, 1987, a consolidated report on its experience in implementation of 39 U.S.C. 3220(a)(2), the OJJDP guidelines and the DOJ regulation. The report will consolidate information gathered from individual DOJ organizational units and cover the period February 5, 1986 through March 31, 1987. The report will provide the following information: (a) DOJ's experience in implementation, including problems encountered, successful and/or innovative methods adopted to use missing children photographs and information on or in penalty mail, the estimated number of pieces of penalty mail containing such information, and the estimated percentage of total agency penalty mail, domestic penalty mail, and domestic penalty mail directed to members of the public which this number represents. (b) The estimated total cost to implement the program, with supporting detail (for example, printing cost, hours of labor or labor cost, cost related to withdrawal of photographs, etc.). (c) Recommendations for changes in the program which would make it more effective. | |||||||
| 28:28:1.0.1.1.20.0.4.6 | 28 | Judicial Administration | I | 19 | PART 19—USE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING CHILDREN | § 19.6 Responsibility of DOJ organizational units for program implementation and implementation procedures. | DOJ | (a) The General Services Staff, Justice Management Division (JMD), will be the liaison between the National Center and the principal organizational units of the Department. The General Services Staff, JMD shall be responsible for: (1) Developing and disseminating Departmentwide guidelines and monitoring the implementation of the Missing Children Penalty Mail Program. (2) Ordering camera-ready copies and other photographic and biographical material from the National Center, using the format established by the Center, and distributing the material within the Department of Justice. (3) Immediately notifying DOJ components, in writing, of the need to use or withdraw from circulation, within 90 days, penalty mail envelopes, inserts and other material related to a recovered child or child whose parent(s) or guardian has withdrawn consent to use the photograph and biographical information. See 28 CFR 0.1, Organizational Structure of the Department of Justice, for a listing of DOJ principal organizational units designated as components. (4) Collecting, analyzing and consolidating cost, mail volume data and other program related information and reporting to OJJDP, by June 30, 1987, on DOJ's experience in implementing the program. (5) Conducting biannual meetings with selected components contacts to discuss current plans and solicit suggestions and/or recommendations for innovative and cost effective techniques to enhance the success of the program. (6) Providing guidance and assistance to components in internal program development and implementation. (7) Maintaining a list of DOJ personnel assigned to serve as Missing Children Program Coordinators for the components. (b) Bureau Mail Managers and components Executive/Administrative Officers shall be responsible for: (1) Establishing and implementing internal procedures and guidelines for the dissemination and use of missing children photographs and biographical information on or in domestic penalty mail. For example, the Bureau Mail Manager will provide guidance t… | |||||||
| 29:29:1.1.1.1.20.0.66.1 | 29 | Labor | 19 | PART 19—RIGHT TO FINANCIAL PRIVACY ACT | § 19.1 Definitions. | DOL | For purposes of this regulation, the term: (a) Financial institution means any office of a bank, savings bank, card issuer as defined in section 103 of the Consumer Credit Protection Act (15 U.S.C. 1602(n)), industrial loan company, trust company, savings and loan, building and loan, or homestead association (including cooperative banks), credit union, consumer financial institution, located in any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, or the Virgin Islands. (b) Financial record means an original of, a copy of, or information known to have been derived from, any record held by a financial institution pertaining to a customer's relationship with the financial institution. (c) Person means an individual or a partnership of five or fewer individuals. (d) Customer means any persons or authorized representative of that person who utilized or is utilizing any service of a financial institution, or for whom a financial institution is acting or has acted as a fiduciary, in relation to an account maintained in the person's name. (e) Law enforcement inquiry means a lawful investigation or official proceeding inquiring into a violation of or failure to comply with any criminal or civil statute or any regulation, rule, or order issued pursuant thereto. (f) Departmental unit means those offices, divisions bureaus, or other components of the Department of Labor authorized to conduct law enforcement inquiries. (g) Act means the Right to Financial Privacy Act of 1978. | ||||||||
| 29:29:1.1.1.1.20.0.66.2 | 29 | Labor | 19 | PART 19—RIGHT TO FINANCIAL PRIVACY ACT | § 19.2 Purpose. | DOL | The purpose of these regulations is to authorize Departmental units to request financial records from a financial institution pursuant to the formal written request procedure authorized by section 1108 of the Act, and to set forth the conditions under which such requests may be made. | ||||||||
| 29:29:1.1.1.1.20.0.66.3 | 29 | Labor | 19 | PART 19—RIGHT TO FINANCIAL PRIVACY ACT | § 19.3 Authorization. | DOL | Departmental units are hereby authorized to request financial records of any customer from a financial institution pursuant to a formal written request under the Act only if: (a) No administrative summons or subpoena authority reasonably appears to be available to the Departmental unit to obtain financial records for the purpose for which the records are sought; (b) There is reason to believe that the records sought are relevant to a legitimate law enforcement inquiry and will further that inquiry; (c) The request is issued by the Assistant Secretary or Deputy Under Secretary heading the Departmental unit requesting the records, or by a senior agency official designated by the head of the Departmental unit. Officials so designated shall not delegate this authority to others; (d) The request adheres to the requirements set forth in § 19.4; and (e) The notice requirements set forth in section 1108(4) of the Act, or the requirements pertaining to delay of notice in section 1109 of the Act are satisfied, except in situations where no notice is required (e.g., section 1113(g)). | ||||||||
| 29:29:1.1.1.1.20.0.66.4 | 29 | Labor | 19 | PART 19—RIGHT TO FINANCIAL PRIVACY ACT | § 19.4 Contents of request. | DOL | The formal written request shall be in the form of a letter or memorandum to an appropriate official of the financial institution from which financial records are requested. The request shall be signed by an issuing official of the requesting Departmental unit, as specified in § 19.3(c). It shall set forth that official's name, title, business address and business phone number. The request shall also contain the following: (a) The identity of the customer or customers to whom the records pertain; (b) A reasonable description of the records sought; (c) Any other information that the issuing official deems appropriate, e.g., the date on which the requesting Departmental unit expects to present a certificate of compliance with the applicable provisions of the Act, the name and title of the individual to whom disclosure is to be made, etc. (d) In cases where customer notice is delayed by a court order, a copy of the court order shall be attached to the formal written request. | ||||||||
| 29:29:1.1.1.1.20.0.66.5 | 29 | Labor | 19 | PART 19—RIGHT TO FINANCIAL PRIVACY ACT | § 19.5 Certification. | DOL | Prior to obtaining the requested records pursuant to a formal written request, a senior official designated by the head of the requesting Departmental unit shall certify in writing to the financial institution that the Departmental unit has complied with the applicable provisions of the Act. | ||||||||
| 33:33:1.0.1.1.10.0.1.1 | 33 | Navigation and Navigable Waters | I | A | 19 | PART 19—WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS | § 19.01 Procedures for effecting individual waivers of navigation and vessel inspection laws and regulations. | USCG | [CGFR 51-10, 16 FR 1959, Mar. 1, 1951] | (a) It is hereby found necessary in the interest of national defense to waive compliance with the navigation and vessel inspection laws administered by the Coast Guard, as well as the regulations issued thereunder and contained in 46 CFR Chapter I or in this chapter, to the extent and in the manner and upon the terms and conditions as set forth in this section. (b) An application requesting that a waiver be made effective with respect to a particular vessel may be made by any authorized representative of an agency of the United States Government or any other interested person (including the master, agent, or owner of the vessel involved). Except as provided in paragraph (d) of this section, the application shall be in writing. The application shall be delivered to the Coast Guard District Commander or to his designated representative at the port or place where the vessel is located. In the case of a vessel in any port or place of the Canal Zone or in any foreign port or place, the application shall be made to the designated representative of the Commandant at such port or place, or if the Coast Guard has not established facilities in such port or place, to the nearest designated representative of the Commandant at a port or place where such facilities have been established. Every application shall contain a statement of the particular provisions of law with respect to which waiver of compliance is requested, a certification that the waiver of compliance with such laws with respect to the vessel involved is necessary in the interest of national defense and, an outline of the facts upon which such certification is based. The Coast Guard District Commander (or his designated representative or the designated representative of the Commandant, as the case may be) shall promptly examine every application for the purpose of determining whether the necessity for prompt action is such as to require that the waiver be made effective by him without reference to the Commandant. In any case in which it appears to the Coast Gu… | |||||
| 33:33:1.0.1.1.10.0.1.2 | 33 | Navigation and Navigable Waters | I | A | 19 | PART 19—WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS | § 19.04 Vessels requisitioned by the United States for emergency evacuation. | USCG | [CGFR 51-61, 16 FR 12792, Dec. 20, 1951] | Pursuant to the request of the Acting Secretary of Defense, dated November 21, 1951, made under the provisions of section 1 of Pub. L. 891, 81st Congress, approved December 27, 1950, compliance is hereby waived with the provisions of the navigation and vessel inspection laws administered by the United States Coast Guard, as well as the regulations issued thereunder and contained in this chapter, to the extent necessary to permit the operation of vessels which might be requisitioned by the United States for the purpose of emergency evacuation. | |||||
| 33:33:1.0.1.1.10.0.1.3 | 33 | Navigation and Navigable Waters | I | A | 19 | PART 19—WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS | § 19.06 Vessels operated by or chartered to Military Sealift Command. | USCG | [CGFR 64-86, 30 FR 88, Jan. 6, 1965, as amended by CGD 88-052, 53 FR 25119, July 1, 1988; CGD 96-026, 61 FR 33662, June 28, 1996; USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2010-0351, 75 FR 36278, June 25, 2010; USCG-2014-0410, 79 FR 38427, July 7, 2014] | (a) Pursuant to the request of the Deputy Secretary of Defense, dated August 6, 1958, and to the request of the Assistant Secretary of Defense, Installations and Logistics, dated May 23, 1964, made under the provisions of section 1 of Pub. L. 891, 81st Congress, approved December 27, 1950 (64 Stat. 1120; 46 U.S.C., note preceding section 1), and their findings that a waiver is necessary in the interest of national defense, compliance with the provisions of the navigation and vessel inspection laws administered by the United States Coast Guard, as well as the regulations issued thereunder and contained in 33 CFR Chapter I, or in this chapter, is hereby waived to the extent and upon the terms and conditions as set forth in this section, in order to permit vessels operated by or chartered to the Military Sealift Command to carry out their assigned missions. (b) An application requesting that this waiver be made effective with respect to a particular vessel may be made by the Commander, Military Sealift Command, or any one of his duly designated representatives. Except as provided in paragraph (e) of this section, the application shall be in writing. The application shall be delivered to the Coast Guard District Commander or to his designated representative at the port or place where the vessel is located. In the case of a vessel in any foreign port or place, the application shall be made to the designated representative of the Commandant at such port or place, or if the Coast Guard has not established facilities in such port or place, to the nearest designated representative of the Commandant at a port or place where such facilities have been established, or to the Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501. Every application shall: (1) Describe the laws and/or regulations by appropriate references and/or subjects with respect to which the waiver of compliance is desired; (2) Contain a certificati… | |||||
| 33:33:1.0.1.1.10.0.1.4 | 33 | Navigation and Navigable Waters | I | A | 19 | PART 19—WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS | § 19.07 Chronological record of seaman's previous employment. | USCG | [CGFR 51-9, 16 FR 1829, Feb. 27, 1951, as amended by CGFR 59-4a, 24 FR 3055, Apr. 21, 1959] | (a) Compliance is hereby waived with regard to the provisions of subsection (h) of R.S. 4551, as amended (46 U.S.C. 643), to the extent necessary to permit the Commandant of the United States Coast Guard to issue a chronological record of a seaman's previous employment on a single document, in lieu of making individual entry in a duplicate continuous discharge book or furnishing individual certificates of discharge. (b) It is hereby found that the waiving of the provisions of R.S. 4551(h), as amended (46 U.S.C. 643), is necessary in the interest of national defense. See 49 CFR 7.93 for the fee for this record. | |||||
| 33:33:1.0.1.1.10.0.1.5 | 33 | Navigation and Navigable Waters | I | A | 19 | PART 19—WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS | § 19.15 Permits for commercial vessels handling explosives at military installations. | USCG | [CGFR 55-49, 20 FR 8638, Nov. 23, 1955] | Pursuant to the request of the Secretary of Defense in a letter dated October 19, 1955, made under the provisions of section 1 of the act of December 27, 1950 (64 Stat. 1120; 46 U.S.C., note prec. 1), I hereby waive in the interest of national defense compliance with the provisions of R.S. 4472, as amended (46 U.S.C. 170), and the regulations promulgated thereunder in part 146 of this chapter to the extent that no quantitative restrictions, based on considerations of isolation and remoteness, shall be required by the Coast Guard for commercial vessels loading or unloading explosives at the Department of Defense waterfront installations. This waiver shall not relieve a commercial vessel loading or unloading explosives at the Department of Defense waterfront installations from the requirement of securing a permit from the Coast Guard for such operations with respect to quantitative or other restrictions imposed by the Coast Guard on the basis of each vessel's ability to meet prescribed stowage and handling requirements. | |||||
| 38:38:2.0.1.1.4.1.35.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | A | Subpart A—Applicability | § 19.1 Provisions applicable to legacy appeals. | VA | [84 FR 177, Jan. 18, 2019] | Part 19 and subparts F, G, and J of part 20 apply only to the processing and adjudication of legacy appeals, as defined in § 19.2. Except as otherwise provided in specific sections, subparts A, B, H, K, L, M, N, and O of part 20 apply to the processing and adjudication of both appeals and legacy appeals. For applicability provisions concerning appeals in the modernized review system, see § 20.4 of this chapter. | ||||
| 38:38:2.0.1.1.4.1.35.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | A | Subpart A—Applicability | § 19.2 Appellant's election for review of a legacy appeal in the modernized system. | VA | [84 FR 177, Jan. 18, 2019] | (a) Effective date. As used in this section, the effective date means February 19, 2019. (b) Modernized review system. The modernized review system refers to the current statutory framework for claims and appeals processing, set forth in Public Law 115-55, and any amendments thereto, applicable on the effective date. The modernized review system applies to all claims, requests for reopening of finally adjudicated claims, and requests for revision based on clear and unmistakable error for which VA issues notice of an initial decision on or after the effective date, or as otherwise provided in paragraph (d) of this section. (c) Legacy appeals. A legacy appeal is an appeal of a legacy claim, as defined in 38 CFR 3.2400(b), where a claimant has not elected to participate in the modernized review system as provided in paragraph (d) of this section. A legacy appeal is initiated by the filing of a Notice of Disagreement and is perfected to the Board with the filing of a Substantive Appeal pursuant to applicable regulations in accordance with 38 CFR parts 19 and 20. (d) Election into the modernized review system. The modernized review system applies to legacy claims and appeals where: (1) A claimant with a legacy claim or appeal elects the modernized review system pursuant to 38 CFR 3.2400(c)(1); (2) A claimant with a legacy claim or appeal elects the modernized review system, following issuance, on or after the effective date, of a VA Statement of the Case or Supplemental Statement of the Case. The election is made by filing, on a form prescribed by the Secretary, an appeal in accordance with 38 CFR 20.202, or a review option in accordance with 38 U.S.C. 5108 or 5104B, as implemented by 38 CFR 3.2500 and other applicable regulations. The election must be filed within the time allowed for filing a substantive appeal under § 19.52(b); or (3) VA issued notice of a decision prior to the effective date, and, pursuant to the Secretary's authorization to participate in a test program, the claimant elects the mo… | ||||
| 38:38:2.0.1.1.4.1.35.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | A | Subpart A—Applicability | §§ 19.3-19.19 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.4.2.35.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.20 What constitutes an appeal. | VA | [79 FR 57698, Sept. 25, 2014. Redesignated and amended at 84 FR 177, 178, Jan. 18, 2019] | An appeal consists of a timely filed Notice of Disagreement submitted in accordance with the provisions of § 19.21, and either § 19.52(a) or § 20.501(a) of this chapter, as applicable and, after a Statement of the Case has been furnished, a timely filed Substantive Appeal. | ||||
| 38:38:2.0.1.1.4.2.35.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.29 Statement of the Case. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 84 FR 178, Jan. 18, 2019] | The Statement of the Case must be complete enough to allow the appellant to present written and/or oral arguments before the Board of Veterans' Appeals. It must contain: (a) A summary of the evidence in the case relating to the issue or issues with which the appellant or representative has expressed disagreement; (b) A summary of the applicable laws and regulations, with appropriate citations, and a discussion of how such laws and regulations affect the determination; and (c) The determination of the agency of original jurisdiction on each issue and the reasons for each such determination with respect to which disagreement has been expressed. | ||||
| 38:38:2.0.1.1.4.2.35.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.30 Furnishing the Statement of the Case and instructions for filing a Substantive Appeal. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 61 FR 20449, May 7, 1996; 84 FR 178, Jan. 18, 2019; 84 FR 34788, July 19, 2019] | (a) To whom the Statement of the Case is furnished. The Statement of the Case will be forwarded to the appellant at the latest address of record and a separate copy provided to his or her representative (if any). (b) Information furnished with the Statement of the Case. With the Statement of the Case, the appellant and the representative will be furnished information on the right to file, and time limit for filing, a substantive appeal; information on hearing and representation rights; a VA Form 9, “Appeal to Board of Veterans' Appeals”; and a statement describing the available review options if the appellant elects review of the issue or issues on appeal in the modernized review system. | ||||
| 38:38:2.0.1.1.4.2.35.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.31 Supplemental statement of the case. | VA | [67 FR 3104, Jan. 23, 2002, as amended at 73 FR 29879, May 22, 2008; 84 FR 178, Jan. 18, 2019] | (a) Purpose and limitations. A “Supplemental Statement of the Case,” so identified, is a document prepared by the agency of original jurisdiction to inform the appellant of any material changes in, or additions to, the information included in the Statement of the Case or any prior Supplemental Statement of the Case. The information furnished with the Supplemental Statement of the Case shall include a statement describing the available review options if the appellant elects review of the issue or issues on appeal in the modernized system. In no case will a Supplemental Statement of the Case be used to announce decisions by the agency of original jurisdiction on issues not previously addressed in the Statement of the Case, or to respond to a notice of disagreement on newly appealed issues that were not addressed in the Statement of the Case. The agency of original jurisdiction will respond to notices of disagreement on newly appealed issues not addressed in the Statement of the Case using the procedures in §§ 19.29 and 19.30 of this part (relating to statements of the case). (b) When furnished. The agency of original jurisdiction will furnish the appellant and his or her representative, if any, a Supplemental Statement of the Case if: (1) The agency of original jurisdiction receives additional pertinent evidence after a Statement of the Case or the most recent Supplemental Statement of the Case has been issued and before the appeal is certified to the Board of Veterans' Appeals and the appellate record is transferred to the Board; (2) A material defect in the Statement of the Case or a prior Supplemental statement of the Case is discovered; or (3) For any other reason the Statement of the Case or a prior Supplemental Statement of the Case is inadequate. (c) Pursuant to remand from the Board. The agency of original jurisdiction will issue a Supplemental Statement of the Case if, pursuant to a remand by the Board, it develops the evidence or cures a procedural defect, unless: (1) The only purpose of the r… | ||||
| 38:38:2.0.1.1.4.2.35.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.32 Closing of appeal for failure to respond to Statement of the Case. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 84 FR 178, Jan. 18, 2019] | The agency of original jurisdiction may close the appeal without notice to an appellant or his or her representative for failure to respond to a Statement of the Case within the period allowed. However, if a Substantive Appeal is subsequently received within the 1-year appeal period (60-day appeal period for simultaneously contested claims), the appeal will be considered to be reactivated. | ||||
| 38:38:2.0.1.1.4.2.35.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.33 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.4.2.35.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.34 Determination that Notice of Disagreement or Substantive Appeal was not timely filed protested by claimant or representative. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 84 FR 178, Jan. 18, 2019] | Whether a Notice of Disagreement or Substantive Appeal has been filed on time is an appealable issue. If the claimant or his or her representative protests an adverse determination made by the agency of original jurisdiction with respect to timely filing of the Notice of Disagreement or Substantive Appeal, the claimant will be furnished a Statement of the Case. | ||||
| 38:38:2.0.1.1.4.2.35.16 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.35 Certification of appeals. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 61 FR 20449, May 7, 1996; 66 FR 53339, Oct. 22, 2001; 84 FR 178, Jan. 18, 2019] | Following receipt of a timely Substantive Appeal, the agency of original jurisdiction will certify the case to the Board of Veterans' Appeals. The certification is used for administrative purposes and does not serve to either confer or deprive the Board of Veterans' Appeals of jurisdiction over an issue. | ||||
| 38:38:2.0.1.1.4.2.35.17 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.36 Notification of certification of appeal and transfer of appellate record. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 73 FR 29879, May 22, 2008; 84 FR 178, Jan. 18, 2019] | When an appeal is certified to the Board of Veterans' Appeals for appellate review and the appellate record is transferred to the Board, the appellant and his or her representative, if any, will be notified in writing of the certification and transfer and of the time limit for requesting a change in representation, for requesting a personal hearing, and for submitting additional evidence described in Rule 1305 (§ 20.1305 of this chapter). Provisions in this section for submitting additional evidence and references to § 20.1305 do not apply in proceedings before the General Counsel conducted under part 14 of this chapter to suspend or cancel accreditation or to review fee agreements and expenses for reasonableness. | ||||
| 38:38:2.0.1.1.4.2.35.18 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.37 Consideration of additional evidence received by the agency of original jurisdiction after an appeal has been initiated. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 73 FR 29879, May 22, 2008; 84 FR 178, Jan. 18, 2019] | (a) Evidence received prior to transfer of records to Board of Veterans' Appeals. Evidence received by the agency of original jurisdiction prior to transfer of the records to the Board of Veterans' Appeals after an appeal has been initiated (including evidence received after certification has been completed) will be referred to the appropriate rating or authorization activity for review and disposition. If the Statement of the Case and any prior Supplemental Statements of the Case were prepared before the receipt of the additional evidence, a Supplemental Statement of the Case will be furnished to the appellant and his or her representative as provided in § 19.31 of this part, unless the additional evidence received duplicates evidence previously of record which was discussed in the Statement of the Case or a prior Supplemental Statement of the Case or the additional evidence is not relevant to the issue, or issues, on appeal. (b) Evidence received after transfer of records to the Board of Veterans' Appeals. Additional evidence received by the agency of original jurisdiction after the records have been transferred to the Board of Veterans' Appeals for appellate consideration will be forwarded to the Board if it has a bearing on the appellate issue or issues. The Board will then determine what action is required with respect to the additional evidence. (c) The provisions of this section do not apply in proceedings before the General Counsel conducted under part 14 of this chapter to cancel accreditation or to review fee agreements and expenses for reasonableness. | ||||
| 38:38:2.0.1.1.4.2.35.19 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.38 Action by agency of original jurisdiction when remand received. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 69 FR 53808, Sept. 3, 2004; 73 FR 40748, July 16, 2008; 84 FR 179, Jan. 18, 2019] | When a case is remanded by the Board of Veterans' Appeals, the agency of original jurisdiction will complete the additional development of the evidence or procedural development required. Following completion of the development, the case will be reviewed to determine whether the additional development, together with the evidence which was previously of record, supports the allowance of all benefits sought on appeal. If so, the appellant and his or her representative, if any, will be promptly informed. If any benefits sought on appeal remain denied following this review, the agency of original jurisdiction will issue a Supplemental Statement of the Case concerning the additional development pertaining to those issues in accordance with the provisions of § 19.31 of this part. Following the 30-day period allowed for a response to the Supplemental Statement of the Case pursuant to § 19.52(c), the case will be returned to the Board for further appellate processing unless the appeal is withdrawn or review of the response to the Supplemental Statement of the Case results in the allowance of all benefits sought on appeal. Remanded cases will not be closed for failure to respond to the Supplemental Statement of the Case. | ||||
| 38:38:2.0.1.1.4.2.35.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.21 Notice of Disagreement. | VA | [79 FR 57698, Sept. 25, 2014. Redesignated and amended at 84 FR 177, 178, Jan. 18, 2019] | (a) Cases in which a form is provided by the agency of original jurisdiction for the purpose of initiating an appeal. (1) Format. For every case in which the agency of original jurisdiction (AOJ) provides, in connection with its decision, a form for the purpose of initiating an appeal, a Notice of Disagreement consists of a completed and timely submitted copy of that form. VA will not accept as a notice of disagreement an expression of dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction and a desire to contest the result that is submitted in any other format, including on a different VA form. (2) Provision of form to the claimant. If a claimant has established an online benefits account with VA, or has designated an email address for the purpose of receiving communications from VA, VA may provide an appeal form pursuant to paragraph (a)(1) of this section electronically, whether by email, hyperlink, or other direction to the appropriate form within the claimant's online benefits account. VA may also provide a form pursuant to paragraph (a)(1) of this section in paper format. (3) Presumption form was provided. This paragraph (a) applies if there is any indication whatsoever in the claimant's file or electronic account that a form was sent pursuant to paragraph (a)(1) of this section. (4) Specificity required by form. If the agency of original jurisdiction gave notice that adjudicative determinations were made on several issues at the same time, the specific determinations with which the claimant disagrees must be identified to the extent a form provided pursuant to paragraph (a)(1) of this section so requires. If the claimant wishes to appeal all of the issues decided by the agency of original jurisdiction, the form must clearly indicate that intent. Issues not identified on the form will not be considered appealed. (5) Alternate form or other communication. The filing of an alternate form or other communication will not extend, toll, or otherwis… | ||||
| 38:38:2.0.1.1.4.2.35.20 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | §§ 19.39-19.49 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.4.2.35.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.22 Substantive Appeal. | VA | [57 FR 4109, Feb. 3, 1992, as amended at 61 FR 20450, May 7, 1996. Redesignated and amended at 84 FR 177, 178, Jan. 18, 2019] | A Substantive Appeal consists of a properly completed VA Form 9, “Appeal to Board of Veterans' Appeals,” or correspondence containing the necessary information. If the Statement of the Case and any prior Supplemental Statements of the Case addressed several issues, the Substantive Appeal must either indicate that the appeal is being perfected as to all of those issues or must specifically identify the issues appealed. The Substantive Appeal should set out specific arguments relating to errors of fact or law made by the agency of original jurisdiction in reaching the determination, or determinations, being appealed. To the extent feasible, the argument should be related to specific items in the Statement of the Case and any prior Supplemental Statements of the Case. The Board will construe such arguments in a liberal manner for purposes of determining whether they raise issues on appeal, but the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination, or determinations, being appealed. The Board will not presume that an appellant agrees with any statement of fact contained in a Statement of the Case or a Supplemental Statement of the Case which is not specifically contested. Proper completion and filing of a Substantive Appeal are the last actions the appellant needs to take to perfect an appeal. | ||||
| 38:38:2.0.1.1.4.2.35.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.23 Applicability of provisions concerning Notice of Disagreement. | VA | [79 FR 57697, Sept. 25, 2014, as amended at 84 FR 178, Jan. 18, 2019] | (a) Appeals governed by § 19.21(a) shall be processed in accordance with § 19.24. Sections 19.26 and 19.28 shall not apply to appeals governed by § 19.21(a). (b) Appeals governed by § 19.21(b) shall be processed in accordance with §§ 19.26 and 19.28. | ||||
| 38:38:2.0.1.1.4.2.35.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.24 Action by agency of original jurisdiction on Notice of Disagreement required to be filed on a standardized form. | VA | [79 FR 57697, Sept. 25, 2014, as amended at 84 FR 178, Jan. 18, 2019] | (a) Initial action. When a timely Notice of Disagreement in accordance with the requirements of § 19.21(a) is filed, the agency of original jurisdiction will reexamine the claim and determine whether additional review or development is warranted. (b) Incomplete and complete appeal forms —(1) Incomplete appeal forms. In cases governed by § 19.21(a), if VA determines a form filed by the claimant is incomplete and requests clarification, the claimant must timely file a completed version of the correct form in order to initiate an appeal. A claimant is not required to cure or correct the filing of an incomplete form by filing a completed version of the correct form unless VA informs the claimant or his or her representative that the form is incomplete and requests clarification. (2) Complete appeal forms. In general, a form will be considered complete if the following information is provided: (i) Information to identify the claimant; (ii) The claim to which the form pertains; (iii) Any information necessary to identify the specific nature of the disagreement if the form so requires. For compensation claims, this criterion will be met if the form enumerates the issues or conditions for which appellate review is sought, or if it provides other information required on the form to identify the claimant and the nature of the disagreement (such as disagreement with disability rating, effective date, or denial of service connection); and (iv) The claimant's signature. (3) Timeframe to complete correct form. In general, a claimant who wishes to initiate an appeal must provide a complete form within the timeframe established by § 19.52(a). When VA requests clarification of an incomplete form, the claimant must provide a complete form in response to VA's request for clarification within the later of the following dates: (i) 60 days from the date of the request; or (ii) 1 year from the date of mailing of the notice of the decision of the agency of original jurisdiction. (4) Failure to respond. If the claima… | ||||
| 38:38:2.0.1.1.4.2.35.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.25 Notification by agency of original jurisdiction of right to appeal. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 84 FR 178, Jan. 18, 2019] | The claimant and his or her representative, if any, will be informed of appellate rights provided by 38 U.S.C. chapters 71 and 72, including the right to a personal hearing and the right to representation. The agency of original jurisdiction will provide this information in each notification of a determination of entitlement or nonentitlement to Department of Veterans Affairs benefits. | ||||
| 38:38:2.0.1.1.4.2.35.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.26 Action by agency of original jurisdiction on Notice of Disagreement. | VA | [71 FR 56871, Sept. 28, 2006, as amended at 84 FR 178, Jan. 18, 2019] | (a) Initial action. When a timely Notice of Disagreement (NOD) is filed, the agency of original jurisdiction (AOJ) must reexamine the claim and determine whether additional review or development is warranted. (b) Unclear communication or disagreement. If within one year after mailing an adverse decision (or 60 days for simultaneously contested claims), the AOJ receives a written communication expressing dissatisfaction or disagreement with the adverse decision, but the AOJ cannot clearly identify that communication as expressing an intent to appeal, or the AOJ cannot identify which denied claim(s) the claimant wants to appeal, then the AOJ will contact the claimant to request clarification of the claimant's intent. This contact may be either oral or written. (1) For oral contacts, VA will contact whoever filed the communication. VA will make a written record of any oral clarification request conveyed to the claimant including the date of the adverse decision involved and the response. In any request for clarification, the AOJ will explain that if a response to this request is not received within the time period described in paragraph (c) of this section, the earlier, unclear communication will not be considered an NOD as to any adverse decision for which clarification was requested. (2) For written contacts, VA will mail a letter requesting clarification to the claimant and send a copy to his or her representative and fiduciary, if any. (c) Response required from claimant —(1) Time to respond. The claimant must respond to the AOJ's request for clarification within the later of the following dates: (i) 60 days after the date of the AOJ's clarification request; or (ii) One year after the date of mailing of notice of the adverse decision being appealed (60 days for simultaneously contested claims). (2) Failure to respond. If the claimant fails to provide a timely response, the previous communication from the claimant will not be considered an NOD as to any claim for which clarification was requested.… | ||||
| 38:38:2.0.1.1.4.2.35.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.27 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.4.2.35.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | B | Subpart B—Legacy Appeals and Legacy Appeals Processing by Agency of Original Jurisdiction | § 19.28 Determination that a Notice of Disagreement is inadequate protested by claimant or representative. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 84 FR 178, Jan. 18, 2019] | Whether a Notice of Disagreement is adequate is an appealable issue. If the claimant or his or her representative protests an adverse determination made by the agency of original jurisdiction with respect to the adequacy of a Notice of Disagreement, the claimant will be furnished a Statement of the Case. | ||||
| 38:38:2.0.1.1.4.3.35.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | C | Subpart C—Claimant Action in a Legacy Appeal | § 19.50 Who can file an appeal. | VA | [57 FR 4109, Feb. 3, 1992. Redesignated and amended at 84 FR 177, 179, Jan. 18, 2019] | (a) Persons authorized. A Notice of Disagreement and/or a Substantive Appeal may be filed by a claimant personally, or by his or her representative if a proper Power of Attorney or declaration of representation, as applicable, is on record or accompanies such Notice of Disagreement or Substantive Appeal. (b) Claimant rated incompetent by Department of Veterans Affairs or under disability and unable to file. If an appeal is not filed by a person listed in paragraph (a) of this section, and the claimant is rated incompetent by the Department of Veterans Affairs or has a physical, mental, or legal disability which prevents the filing of an appeal on his or her own behalf, a Notice of Disagreement and a Substantive Appeal may be filed by a fiduciary appointed to manage the claimant's affairs by the Department of Veterans Affairs or a court, or by a person acting as next friend if the appointed fiduciary fails to take needed action or no fiduciary has been appointed. (c) Claimant under disability and able to file. Notwithstanding the fact that a fiduciary may have been appointed for a claimant, an appeal filed by a claimant will be accepted. | ||||
| 38:38:2.0.1.1.4.3.35.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | C | Subpart C—Claimant Action in a Legacy Appeal | § 19.51 Place of filing Notice of Disagreement and Substantive Appeal. | VA | [57 FR 4109, Feb. 3, 1992. Redesignated at 84 FR 177, Jan. 18, 2019, as amended at 84 FR 34788, July 19, 2019] | The Notice of Disagreement and Substantive Appeal must be filed with the Department of Veterans Affairs office from which the claimant received notice of the determination being appealed unless notice has been received that the applicable Department of Veterans Affairs records have been transferred to another Department of Veterans Affairs office. In that case, the Notice of Disagreement or Substantive Appeal must be filed with the Department of Veterans Affairs office which has assumed jurisdiction over the applicable records. | ||||
| 38:38:2.0.1.1.4.3.35.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | C | Subpart C—Claimant Action in a Legacy Appeal | § 19.52 Time limit for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case. | VA | [57 FR 4109, Feb. 3, 1992, as amended at 66 FR 50318, Oct. 3, 2001; 68 FR 64806, Nov. 17, 2003; 73 FR 40748, July 16, 2008. Redesignated and amended at 84 FR 177, 179, Jan. 18, 2019] | (a) Notice of Disagreement. Except in the case of simultaneously contested claims, a claimant, or his or her representative, must file a Notice of Disagreement with a determination by the agency of original jurisdiction within one year from the date that that agency mails notice of the determination to him or her. Otherwise, that determination will become final. The date of mailing the letter of notification of the determination will be presumed to be the same as the date of that letter for purposes of determining whether an appeal has been timely filed. (b) Substantive Appeal —(1) General. Except in the case of simultaneously contested claims, a Substantive Appeal must be filed within 60 days from the date that the agency of original jurisdiction mails the Statement of the Case to the appellant, or within the remainder of the 1-year period from the date of mailing of the notification of the determination being appealed, whichever period ends later. The date of mailing of the Statement of the Case will be presumed to be the same as the date of the Statement of the Case and the date of mailing the letter of notification of the determination will be presumed to be the same as the date of that letter for purposes of determining whether an appeal has been timely filed. (2) Special rule in certain cases where additional evidence is submitted. Except in the case of simultaneously contested claims, if (i) a claimant submits additional evidence within 1 year of the date of mailing of the notification of the determination being appealed, and (ii) that evidence requires, in accordance with § 19.31 of this title, that the claimant be furnished a Supplemental Statement of the Case, then the time to submit a Substantive Appeal shall end not sooner than 60 days after such Supplemental Statement of the Case is mailed to the appellant, even if the 60-day period extends beyond the expiration of the 1-year appeal period. (c) Response to Supplemental Statement of the Case. Where a Supplemental Statement of the Case is f… | ||||
| 38:38:2.0.1.1.4.3.35.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | C | Subpart C—Claimant Action in a Legacy Appeal | § 19.53 Extension of time for filing Substantive Appeal and response to Supplemental Statement of the Case. | VA | [57 FR 4109, Feb. 3, 1992, as amended at 73 FR 40748, July 16, 2008. Redesignated and amended at 84 FR 177, 179, Jan. 18, 2019] | An extension of the 60-day period for filing a Substantive Appeal, or the 30-day period for responding to a Supplemental Statement of the Case, may be granted for good cause. A request for such an extension must be in writing and must be made prior to expiration of the time limit for filing the Substantive Appeal or the response to the Supplemental Statement of the Case. The request for extension must be filed with the Department of Veterans Affairs office from which the claimant received notice of the determination being appealed, unless notice has been received that the applicable records have been transferred to another Department of Veterans Affairs office. A denial of a request for extension may be appealed to the Board. | ||||
| 38:38:2.0.1.1.4.3.35.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | C | Subpart C—Claimant Action in a Legacy Appeal | § 19.54 Filing additional evidence does not extend time limit for appeal. | VA | [57 FR 4109, Feb. 3, 1992, as amended at 66 FR 50318, Oct. 3, 2001. Redesignated by correction at 84 FR 4336, Feb. 15, 2019, as amended at 84 FR 179, Jan. 18, 2019] | Except as provided in § 19.52(b), the filing of additional evidence after receipt of notice of an adverse determination does not extend the time limit for initiating or completing an appeal from that determination. | ||||
| 38:38:2.0.1.1.4.3.35.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | C | Subpart C—Claimant Action in a Legacy Appeal | § 19.55 Withdrawal of Appeal. | VA | [68 FR 13236, Mar. 19, 2003, as amended at 81 FR 32649, May 24, 2016. Redesignated and amended at 84 FR 177, 179, Jan. 18, 2019] | (a) When and by whom filed. Only an appellant, or an appellant's authorized representative, may withdraw an appeal. An appeal may be withdrawn as to any or all issues involved in the appeal. (b) Filing —(1) Content. Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. (2) Where to file. Appeal withdrawals should be filed with the agency of original jurisdiction until the appellant or representative filing the withdrawal receives notice that the appeal has been transferred to the Board. Thereafter, file the withdrawal at the Board. (3) When effective. Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. Thereafter, it is not effective until received by the Board. A withdrawal received by the Board after the Board issues a final decision under Rule 1100(a) (§ 20.1100(a) of this chapter) will not be effective. (c) Effect of filing. Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies. Withdrawal does not preclude filing a new Notice of Disagreement and, after a Statement of the Case is issued, a new Substantive Appeal, as to any issue withdrawn, provided such filings would be timely under these rules if the appeal withdrawn had never been filed. | ||||
| 38:38:2.0.1.1.4.3.35.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | C | Subpart C—Claimant Action in a Legacy Appeal | §§ 19.56-19.74 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.4.5.35.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | E | Subpart E—Simultaneously Contested Claims | § 19.100 Notification of right to appeal in simultaneously contested claims. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 84 FR 179, Jan. 18, 2019] | All interested parties will be specifically notified of the action taken by the agency of original jurisdiction in a simultaneously contested claim and of the right and time limit for initiation of an appeal, as well as hearing and representation rights. | ||||
| 38:38:2.0.1.1.4.5.35.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 19 | PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS | E | Subpart E—Simultaneously Contested Claims | § 19.101 Notice to contesting parties on receipt of Notice of Disagreement in simultaneously contested claims. | VA | [57 FR 4104, Feb. 3, 1992, as amended at 61 FR 20449, May 7, 1996; 84 FR 179, Jan. 18, 2019] | Upon the filing of a Notice of Disagreement in a simultaneously contested claim, all interested parties and their representatives will be furnished a copy of the Statement of the Case. The Statement of the Case so furnished will contain only information which directly affects the payment or potential payment of the benefit(s) which is (are) the subject of that contested claim. The interested parties who filed Notices of Disagreement will be duly notified of the right to file, and the time limit within which to file, a Substantive Appeal and will be furnished with VA Form 9, “Appeal to Board of Veterans' Appeals.” |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
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