§8124 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Secretary of Labor must decide the facts and whether to award or deny payment. To do that, the Secretary will look at the claimant’s claim, the immediate supervisor’s report, and any investigation the Secretary thinks is needed. If a claimant is unhappy with that decision, they can request a hearing within 30 days after the decision is issued. The hearing is before a Secretary’s representative and the claimant may bring more evidence. Within 30 days after the hearing ends, the Secretary must send a written notice of the new decision, any changes to the award, and the reasons. The hearing is informal, and the representative may accept any relevant evidence needed to decide the claim.

Title 5, §8124

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Secretary of Labor shall determine and make a finding of facts and make an award for or against payment of compensation under this subchapter after—

(1)considering the claim presented by the beneficiary and the report furnished by the immediate superior; and

(2)completing such investigation as he considers necessary.

(b)(1)Before review under section 8128(a) of this title, a claimant for compensation not satisfied with a decision of the Secretary under subsection (a) of this section is entitled, on request made within 30 days after the date of the issuance of the decision, to a hearing on his claim before a representative of the Secretary. At the hearing, the claimant is entitled to present evidence in further support of his claim. Within 30 days after the hearing ends, the Secretary shall notify the claimant in writing of his further decision and any modifications of the award he may make and of the basis of his decision.

(2)In conducting the hearing, the representative of the Secretary is not bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by section 554 of this title except as provided by this subchapter, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose, he shall receive such relevant evidence as the claimant adduces and such other evidence as he determines necessary or useful in evaluating the claim.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 786.Sept. 7, 1916, ch. 458, § 36, 39 Stat. 749. The last sentence of former section 786 is omitted as surplusage because it is covered by section 8147. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 Act Section of title 5Source (U.S. Code)Source (Statutes at Large) 8124(b)5 App.: 786(b).July 4, 1966, Pub. L. 89–488, § 11(b), 80 Stat. 255. In subsection (b)(1), the words “section 8128(a) of this title” are substituted for “section 37” to reflect the codification of section 37 in title 5, United States Code. The words “a claimant * * * is entitled * * * to a hearing” are substituted for “any claimant * * * shall * * * be afforded an opportunity for a hearing”. The words “under subsection (a) of this section” are substituted for “under this section” for clarity. In the second sentence, the words “is entitled to present evidence” are substituted for “shall be afforded an opportunity to present evidence”. In subsection (b)(2), the words “section 554 of this title * * * this subchapter” are substituted for “section 5 of the Administrative Procedure Act * * * this Act” to reflect the codification of the cited section and act in title 5. In the second sentence, the words “shall, in addition, receive” are omitted as unnecessary.

Statutory Notes and Related Subsidiaries

Personnel Not Affected by 1967 IncreaseIncreases authorized under amendment by section 1(58) of Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§8124 Findings and award; hearings

Summary

Title 5, §8124

Notes & Related Subsidiaries

Historical and Revision Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata