Prior to instituting proceedings for withdrawal of a certificate
under paragraph (a) of Sec. 528.3, except in cases of willfullness, an
area director shall mail a letter to the employer setting forth alleged
facts or conduct which may warrant withdrawal of the certificate, and
fixing a time and a place for a conference at which the employer shall
be accorded an opportunity to show that no cause for withdrawal under
Sec. 528.3(a) exists or that compliance has been achieved by paying
wages improperly withheld and by taking steps adequate to insure that
new cause for annulment or withdrawal will not occur. By written report
to the appropriate authorized representative, a copy of which shall be
mailed to the employer, the area director shall concisely summarize the
conference and shall include conclusions as to whether the employer
demonstrated or achieved compliance. If the authorized representative is
satisfied that the employer either demonstrated or achieved such
compliance, no proceedings shall be instituted under Sec. 528.3(a) for
the withdrawal of the certificate.
(Secretary's Order No. 16-75, dated Nov. 25, 1975 (40 FR 55913),
Employment Standards Order 76-2, dated Feb. 23, 1976 (41 FR 9016))
[43 FR 28469, June 30, 1978]
