(a) Upon the filing of a petition as provided in this part, the
Administrator will give consideration thereto, and make any further
inquiry into the facts that he may deem necessary. The Administrator may
require, before taking further action thereof, that notice of the
petition be given to affected employees in such manner as he shall
determine to be appropriate to afford them an opportunity to submit any
facts or reasons supporting or opposing the finding prayed for in the
petition. If the Administrator determines that the petition fails to
satisfy any of the requirements of this part, he shall deny the request
for a finding or, in his discretion, advise petitioners that further
consideration will be given to the submission if the deficiencies are
remedied within a specified time. No further consideration will be
given, however, to a request for a finding if the Administrator
determines that the factual situation as described in the petition is
not one in which authority to make the finding is provided by section
13(b)(11) and this part.
(b) If the Administrator determines that a petition meets all
requirements of this part and if he is satisfied from consideration of
all relevant facts and information available to him that the wage
payment plan submitted has, within the meaning of section 13(b)(11) of
the Act and this part, the general purpose and effect with respect to
drivers or drivers' helpers making local deliveries, who are employed
pursuant to its provisions on the basis of trip rates or other delivery
payment plan, of reducing the hours worked by such employees to, or
below, the maximum workweek applicable to them under section 7(a) of the
Act, the Administrator will make an appropriate finding to this effect,
and notify the petitioner; otherwise the request for such a finding will
be denied.
