(a) Any person desiring to request an administrative hearing on a
determination referred to in Sec. 500.212 shall make such request in
writing to the official who issued the determination, at the Wage and
Hour Division address appearing on the determination notice. Such
request must be made no later than thirty (30) days after the date of
issuance of the notice referred to in Sec. 500.210.
(b) The request for such hearing shall be delivered in person or by
mail to the Wage and Hour Division office at the address appearing on
the determination notice upon which the request for a hearing is based,
within the time set forth in paragraph (a) of this section. For the
affected person's protection, if the request is by mail, it should be by
certified mail.
(c) No particular form is prescribed for any request for hearing
permitted by this part. However, any such request shall:
(1) Be typewritten or legibly written on size 8\1/2\" x 11" paper;
(2) Specify the issue or issues stated in the notice of
determination giving rise to such request;
(3) State the specific reason or reasons why the person requesting
the hearing believes such determination is in error;
(4) Be signed by the person making the request or by an authorized
representative of such person; and
(5) Include the address at which such person or authorized
representative desires to receive further communications relating
thereto.
(d) Civil money penalties under FLCRA shall be treated as follows:
(1) Determinations to assess civil money penalties for violations of
FLCRA made prior to April 14, 1983 shall continue until a final
administrative determination shall have been made in accordance with 29
CFR part 40.
(2) Determinations to assess civil money penalties for violations of
FLCRA arising prior to April 14, 1983, made on or after April 14, 1983,
shall continue until a final administrative determination shall have
been made in accordance with these regulations.
[48 FR 36741, Aug. 12, 1983, as amended at 54 FR 13329, Mar. 31, 1989;
57 FR 5942, Feb. 18, 1992]
