Page:United States Statutes at Large Volume 88 Part 2.djvu/713

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[88 STAT. 2029]
[88 STAT. 2029]
PUBLIC LAW 93-000—MMMM. DD, 1975

88

STAT.

]

PUBLIC LAW 93-618-JAN. 3, 1975

(10) The term "State law means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1954. (11) The term "total separation" means the layoff or severance of an individual from employment with a firm in which, or in a subdivision of which, adversely affected employment exists. (12) The term "unemployment insurance" means the unemployment insurance payable to an individual under any State law or Federal unemployment insurance law, including chapter 85 of title 5, United States Code, and the Railroad Unemployment Insurance Act. (13) The term "week" means a week as defined in the applicable State law. (14) The term "week of unemployment" means with respect to an individual any week for which his remuneration for services performed during such week is less than 80 percent of his average weekly wage and in which, because of lack of work— (A) if he has been totally separated, he worked less than the full-time week (excluding overtime) in his current occupation, or (B) if he has been partially separated, he worked 80 percent or less of his average weekly hours. SEC. 248. REGULATIONS.

2029

^e use 3304.

s use ssoi. 45 USC 367.

i^ use 2320.

The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this chapter. SEC. 249. SUBPENA POWER.

19 USC 2321.

(a) The Secretary may require by subpena the attendance of witnesses and the production of evidence necessary for him to make a determination under the provisions of this chapter. (b) If a person refuses to obey a subpena issued under subsection (a), a United States district court within the jurisdiction of which the relevant proceeding under this chapter is conducted may, upon petition by the Secretary, issue an order requiring compliance with such subpena. SEC. 250. JUDICIAL REVIEW.

(a) A worker, group of workers, certified or recognized union, or an authorized representative of such worker or group, aggrieved by a final determination by the Secretary under the provisions of section 223 may, within 60 days after notice of such determination, file a petition for review of such determination with the United States court of appeals for the circuit in which such worker or group is located or in the United States Court of Appeals for the District of Columbia Circuit. The clerk of such court shall send a copy of such petition to the Secretary. Upon receiving such petition, the Secretary shall promptly certify and file in such court the record on which he based such determination. (b) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

19 USC 2322.