20 C.F.R. § 259.1

Initial determinations with respect to employer and employee status

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(a) All requests for a determination with respect to employer or employee status shall be filed with the Secretary to the Board.

(b) The General Counsel of the Railroad Retirement Board or his or her designee shall make the initial investigations with respect to:

(1) The status of any person as an employer under the Railroad Retirement Act and the Railroad Unemployment Insurance Act and the rules and regulations issued thereunder; and

(2) The status of any individual or group of individuals as an employee or employees of an employer covered under the Railroad Retirement Act and the Railroad Unemployment Insurance Act.

(c) Upon completion of this investigation the General Counsel, or his or her designee, shall submit to the Board the results of the investigation together with a recommendation concerning the coverage determination. The Board shall make the initial determination with respect to the status of any person as an employer or as an employee under the Railroad Retirement Act and Railroad Unemployment Insurance Act. The Secretary to the Board shall promptly notify the party or parties, as defined in § 259.2 of this part, and other interested persons or entities of the Board's determination.

[57 FR 4366, Feb. 5, 1992]

Notes of Decisions

Cited in 4 cases, 1984–2010 · leading case: Ry. Labor Executives' Ass'n v. United States R.R. Ret. Bd., 749 F.2d 856 (D.C. Cir. 1984).

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Ry. Labor Executives' Ass'n v. United States R.R. Ret. Bd., 749 F.2d 856 (D.C. Cir. 1984). “20 C.F.R. § 259.1 . This regulation has since been amended to vest such authority in the Board’s Deputy General Counsel.”

Herzog Transit Servs., Inc. v. United States R.R. Ret. Bd., 624 F.3d 467 (7th Cir. 2010). · cites it 2× “Its decisions, if they determine "the rights or liabilities of any person," may be appealed to the Courts of Appeals for the Seventh Circuit, the District of Columbia Circuit, or to the Court of Appeals in which the petitioner resides, "or will have had his principal place of…”

Herzog Transit Servs., Incor v. RRRB (7th Cir. 2010). “20 C.F.R. § 259.1 . Its decisions, if they determine “the rights or liabilities of any person,” may be appealed to the Courts of Appeals for the Seventh Circuit, the District of Columbia Circuit, or to the Court of Appeals in which the peti- tioner resides, “or will have had his…”

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