Code of Federal Regulations Title 20. Employees' Benefits § 20.618.888 Equitable tolling

(1) An extraordinary circumstance prevented an individual's timely action;  and

(2) The individual otherwise acted with diligence.

(b)(1) When an individual fails to take timely action because the State failed to give notice required under this part, that failure is prima facie evidence of an extraordinary circumstance.

(2) If the individual did not receive the required notice, but otherwise received actual notice with sufficient time to take timely action, the lack of receipt of the required notice is not evidence of an extraordinary circumstance.