20 C.F.R. § 801.103
Organizational placement
As prescribed by the statute, the functions of the Benefits Review Board are quasi-judicial in nature and involve review of decisions made in the course of the administration of the above statutes by the Employment Standards Administration in the Department of Labor. It is accordingly found appropriate for organizational purposes to place the Board in the Office of the Deputy Secretary and it is hereby established in that Office, which shall be responsible for providing necessary funds, personnel, supplies, equipment, and records services for the Board.
Notes of Decisions
Cited in 6
cases, 1976–2007 · leading case: Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007).
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “20 C.F.R. § 801.103 (2006). By placing the Benefits Review Board in a different section of the Department of Labor from the section where administrative law judges worked, the Secretary of Labor was "attempting to insulate the Board from those who would be subject to its review.”
Lewis Gibas v. Saginaw Mining Co. Dir., Off. of Workers' Comp. Programs & Benefits Review Bd., 748 F.2d 1112 (6th Cir. 1984). “20 C.F.R. § 801.103 (1984). Congress expressly granted the Board the authority to hear and decide appeals raising a substantial question of law or fact.”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Elizabeth O'Keefe, 545 F.2d 337 (3rd Cir. 1976). “This Board, which is “quasi-judicial in nature”, 20 C.F.R. § 801.103 (1975), is authorized “to hear and determine appeals raising a substantial question of law or fact .”
Crockett Colleries, Inc. v. Barrett, 478 F.3d 350 (6th Cir. 2007). “Accordingly, the BRB does not possess any unique authority to make the kinds of judgments it is authorized to make; rather, when reviewing the BRB’s orders, the courts of appeals are called upon to do exactly the same thing (and the only thing) that the BRB is empowered to do,…”
Pittston Stevedoring Corp. v. Dellaventura, 544 F.2d 35 (2d Cir. 1976). “§ 921 (b)(1); 20 C.F.R. § 801.103 (1975). Its three members are appointed by the Secretary of Labor, and it is “authorized to hear and determine appeals raising a substantial question of law or fact taken by any party in interest from decisions with respect to claims of…”
Kalaris v. Donovan, 697 F.2d 376 (D.C. Cir. 1983). “The Department of Labor’s own regulations provide that “[a]s prescribed by statute, the functions of the Benefits Review Board are quasi-judicial in nature * * 20 C.F.R. § 801.103 (1982). But the statute also placed the Board within the Department of Labor, and left to the…”
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