(a) Procedure. Upon his own motion or upon the petition of any
interested person, the Administrator may determine generally or
particularly the ``reasonable cost'' to an employer of furnishing any
employee with board, lodging, or other facilities, if such board,
lodging, or other facilities are customarily furnished by the employer
to his employees. Notice of proposed determination shall be published in
the Federal Register, and interested persons shall be afforded an
opportunity to participate through submission of written data, views, or
arguments. Such notice shall indicate whether or not an opportunity will
be afforded to make oral presentations. Whenever the latter opportunity
is afforded, the notice shall specify the time and place of any hearing
and the rules governing such proceedings. Consideration shall be given
to all relevant matter presented in the adoption of any rule.
(b) Contents of petitions submitted by interested persons. Any
petition by an employee or an authorized representative of employees, an
employer or group of employers, or other interested persons for a
determination of ``reasonable cost'' shall include the following
information:
(1) The name and location of the employer's or employers' place or
places of business;
(2) A detailed description of the board, lodging, or other
facilities furnished by the employer or employers, whether or not these
facilities are customarily furnished by the employer or employers, and
whether or not they are alleged to constitute ``wages'';
(3) The charges or deductions made for the facility or facilities by
the employer or employers;
(4) When the actual cost of the facility or facilities is known an
itemized statement of such cost to the employer or employers of the
furnished facility or facilities;
(5) The cash wages paid;
(6) The reason or reasons for which the determination is requested,
including any reason or reasons why the determinations in Sec. 531.3
should not apply; and
(7) Whether an opportunity to make an oral presentation is
requested; and if it is requested, the inclusion of a summary of any
expected presentation.
