As used in this part, except where the context clearly indicates otherwise, the term

(a) "Adjustment assistance" means the worker assistance provided by title III, chapter 3, of the Trade Expansion Act of 1962.

(b) "Automotive Act" means the Automotive Products Trade Act of 1965, Public Law 89-283.

(c) "Board" means the Automotive Agreement Adjustment Assistance Board established by Executive Order 11254 of 1965 to carry out the functions conferred on the President by section 302 of the Automotive Act.

(d) "Certification" means a certification of a final determination by the Board under section 302 of the Automotive Act that a group of workers is eligible to apply for adjustment assistance.

(e) "Dislocated employment" means employment in a firm or appropriate subdivision of a firm if a certification has been made that workers of such firm or subdivision of a firm are eligible to apply for adjustment assistance.

(f) "Dislocated worker" means (1) an individual who has been partially or totally separated from dislocated employment because of lack of work in such employment or (2) an individual who has been totally separated from a firm because of lack of work which results from lack of work in dislocated employ

ment in a subdivision of such firm other than that in which he was last employed.

(g) "Impact date" means the date on which a dislocation began or threatens to begin as specified in a certification with respect to a group of workers pursuant to section 302(g) (1) of the Automotive Act.

§ 92.4 Qualifications.

To qualify for trade readjustment allowances under the Automotive Act, a worker must meet each of the following requirements:

(a) He must make an application for a trade readjustment allowance in accordance with instructions and on form furnished by the Secretary which shall be furnished to the worker by the State agency.

(b) He must be a dislocated worker. (c) His partial or total separation must have occurred―

(1) After January 17, 1965, and (2) After the impact date specified in the applicable certification; but

(3) Before the expiration of the 2year period following the date on which the most recent applicable certification was made, and

(4) Before the termination date, if any, specified pursuant to section 302(g) of the Automotive Act.

(d) He must have been employed within the qualifying period specified in § 91.1 (w) of this chapter

(1) In at least 78 weeks at wages of at least $15 in each of such weeks, and

(2) In at least 26 weeks out of the last 52 calendar weeks in such period at wages of at least $15 in each of such weeks in a firm or firms with respect to which a certification of dislocation has been made under section 302 of the Automotive Act. For the purpose of meeting this requirement weeks in adversely affected employment may be combined with weeks in dislocated employment. Evidence that a worker has met the requirements of this section shall be obtained in accordance with § 91.4 of this chapter.

(1) The State agency shall pay such retroactive allowances for weeks with respect to which the dislocated worker received unemployment insurance or for weeks with respect to which he was denied unemployment insurance for the reason only that he was taking training approved by the State agency.

(2) The State agency shall pay such retroactive allowances for weeks other than those covered by subparagraph (1) of this paragraph if the dislocated worker submits a written statement certified to be true to the best of his knowledge and belief, and the State agency determines on the basis of the information contained in such statement, State agency records, or other reasonably available information that he is entitled to such allowances. In this connection, the statement shall include information with respect to each such week as to (i) his unemployment, and if he worked, for whom, how much he was paid, and the reason for the termination of his employment; and (ii) his ability to work, availability for work, and what steps he took to obtain work. The statement shall include also any other information requested by the State agency necessary to determine whether the dislocated worker is otherwise entitled to such allowances. If the State agency finds that he took such steps to obtain work as a reasonable man would take in his circumstances, he shall be deemed to have been available for work.

(3) The State agency shall not apply State law provisions regarding claimant reporting, registration for work, or search for work for any week to which subparagraphs (1) and (2) of this paragraph are applicable.

(b) This section shall not be deemed to preclude payment to a dislocated worker to trade readjustment allowances on a retroactive basis for weeks of unemployment beginning after January 19,

1966, in cases where an adversely affected worker would be entitled to such payment.

§ 92.6 Relocation allowances.

(a) Relocation allowances may be granted to qualified dislocated workers subject to the terms and conditions set forth §§ 91.18, 91.25 of this chapter, except that with respect to relocations occurring after January 17, 1965, and before January 19, 1966, §§ 91.18(d), (e), and (g), 91.19, 91.20 and 91.24 shall not apply.

(b) A relocation allowance shall be granted retroactively to a dislocated worker for a relocation occurring after January 17, 1965, and before January 19, 1966, if

(1) He had at the time of relocation no reasonable prospect of obtaining suitable employment in the commuting area of his former place of residence. In determining whether a worker has met this requirement the opinion of the director of the employment service of the State in which the commuting area of the worker's former place of residence is located shall be taken into account. (2) He relocated because he obtained suitable employment affording a reasonable expectation of long-term duration in the area in which he relocated, or relocated in reliance upon an adequatelysubstantiated bona fide offer of such employment and failed to obtain such employment by reason of circumstances outside of his control.

(3) The relocation was completed to the extent provided by § 91.25(d) of this chapter.

(4) He can present reasonable substantiation of the costs of the relocation.

(c) In determining the amount payable retroactively as a relocation allowance the limitations of §§ 91.21, 91.22, and 91.23 of this chapter shall apply.

100.735-43 Use of inside information.

100.735-44

Coercion.

100.735-45 Gifts, entertainment, and favors. 100.735-46 Statement of employment and financial interests.

100.735-47 Miscellaneous statutory provisions.

AUTHORITY: The provisions of this Part 100 issued under E.O. 11222 of May 8, 1965, 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.104.

SOURCE: The provisions of this Part 100 appear at 32 F.R. 13560, Sept. 27, 1967, unless otherwise noted.

Subpart A-General Provisions

§ 100.735-1 Policy.

In order to assure the proper performance of the Government's business and the maintenance of public confidence, all employees shall maintain high standards of honesty, integrity, impartiality, and conduct. The avoidance of misconduct and conflicts of interests, apparent or real, on the part of all employees through informed judgment is indispensable to the maintenance of the standards in this part. Since service is the keystone of the Agency's operations, each person who deals with the Agency is entitled to courtesy and consideration. Not only must his case be treated with fairnessthere must not be even the appearance of unfairness.