C.F.R. » Title 20 » CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER B—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED › PART 725—CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED › Subpart D—Adjudication Officers; Parties and Representatives

20 C.F.R. § 725.364

Authority of representative

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A representative, appointed and qualified as provided in §§ 725.362 and 725.363, may make or give on behalf of the party he or she represents, any request or notice relative to any proceeding before an adjudication officer, including formal hearing and review, except that such representative may not execute a claim for benefits, unless he or she is a person designated in § 725.301 as authorized to execute a claim. A representative shall be entitled to present or elicit evidence and make allegations as to facts and law in any proceeding affecting the party represented and to obtain information with respect to the claim of such party to the same extent as such party. Notice given to any party of any administrative action, determination, or decision, or request to any party for the production of evidence shall be sent to the representative of such party and such notice or request shall have the same force and effect as if it had been sent to the party represented.

Notes of Decisions
Cited in 6 cases, 1985–1994 · leading case: Eugene Patton v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 763 F.2d 553 (3rd Cir. 1985).
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Eugene Patton v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 763 F.2d 553 (3rd Cir. 1985). · cites it 4× “” The agency accords the terms “claimant” and “employer” more clarity than they possess. On its face, the statute might reasonably be read to require notice either to the parties themselves or to the parties’ legal representatives.”
Dominion Coal Corp. v. Tommy Honaker Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 33 F.3d 401 (4th Cir. 1994). · cites it 2× “20 C.F.R. § 725.364 (emphasis added). In this case, the ALJ’s order denying Ho-naker benefits was served by regular mail on Honaker’s attorney, who received it on January 20, 1988.”
Jeffboat, Inc. v. Robert Mann, & Dir., Off. of Workers Comp. Prog., United States Dep't of Labor, 875 F.2d 660 (7th Cir. 1989). “” 20 C.F.R. § 725.364 . These regulations may well contemplate that “filing” does not occur until after there has been notice to a represented party by giving notice to the party’s counsel, as the Third Circuit decided.”
Pothering v. Parkson Coal Co., 861 F.2d 1321 (3rd Cir. 1988). “Parkson relies upon 20 C.F.R. 725.364, which provides that “[notice given to any party of any administrative action, determination, or decision .”
Harmar Coal Co. v. Dir., Off. of Workers' Comp. Programs, 926 F.2d 302 (3rd Cir. 1991). “A Department regulation published at 20 C.F.R. § 725.364 (1990) provides with respect to notice: Notice given to any party of any administrative action, determination, or decision, or request to any party for the production of evidence shall be sent to the representative of such…”
Irma Pothering v. Parkson Coal Co., 861 F.2d 1321 (3rd Cir. 1988). “Parkson relies upon 20 C.F.R. 725.364, which provides that "[n]otice given to any party of any administrative action, determination, or decision .”
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