Page:United States Statutes at Large Volume 88 Part 2.djvu/703

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[88 STAT. 2019]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 2019]

88 STAT. ]

PUBLIC LAW 93-618-JAN. 3, 1975

2019

CHAPTER 2—ADJUSTMENT ASSISTANCE FOR WORKERS Subchapter A—Petitions and Determinations SEC. 221. PETITIONS.

(a) A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary of Labor (hereinafter in this chapter referred to as the "Secretary") by a group of workers or by their certified or recognized union or other duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Kegister that he has received the petition and initiated an investigation. (b) If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary's publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. SEC. 222. GROUP ELIGIBILITY REQUIREMENTS.

The Secretary shall certify a group of workers as eligible to apply for adjustment assistance under this chapter if he determines— (1) that a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated, (2) that sales or production, or both, of such firm or subdivision have decreased absolutely, and (3) that increases of imports of articles like or directly competitive with articles produced by such workers' firm or an appropriate subdivision thereof contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production. For purposes of paragraph (3), the term "contributed importantly" means a cause which is important but not necessarily more important than any other cause. SEC. 223. DETERMINATIONS BY SECRETARY OF LABOR.

(a) As soon as possible after the date on which a petition is filed under section 221, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 222 and shall issue a certification of eligibility to apply for assistance under this chapter covering workers in any group which meets such requirements. Each certification shall specify the date on which the total or partial separation began or threatened to begin. (b) A certification under this section shall not apply to any worker whose last total or partial separation from the firm or appropriate subdivision of the firm before his application under section 231 occurred— (1) more than one year before the date of the petition on which such certification was granted, or (2) more than 6 months before the effective date of this chapter.

19 USC 2271.

P u b l i c a t i o n in Federal Register. Hearing.

19 USC 2272.

"contributed importantly."

19 USC 2273. e e r t i f i c a t i o n of eligibility.