(a) The Administrator, through investigation, shall determine
whether a facility has failed to perform any attested conditions,
misrepresented any material facts in an attestation (including
misrepresentation as to compliance with regulatory standards), or
otherwise violated the Act or subpart D or E of this part.
(Note: Federal criminal statutes provide penalties of up to $10,000
and/or imprisonment of up to 5 years for knowing and willful submission
of false statements to the Federal Government. 18 U.S.C. 1001; see also
18 U.S.C. 1546).
(b) Any aggrieved person or organization may file a complaint of a
violation of the provisions of section 212(m) of the INA (8 U.S.C.
1182(m)) or subpart D or E of this part. No particular form of complaint
is required, except that the complaint shall be written or, if oral,
shall be reduced to writing by the Wage and Hour Division official who
receives the complaint. The complaint shall set forth sufficient facts
for the Administrator to determine what part or parts of the attestation
or regulations have allegedly been violated. Upon the request of the
complainant, the Administrator shall, to the extent possible under
existing law, maintain confidentiality regarding the complainant's
identity; if the complainant wishes to be a party to the administrative
hearing proceedings under this subpart, the complainant shall then waive
confidentiality. The complaint may be submitted to any local Wage and
Hour Division office; the addresses of such offices are found in local
telephone directories. Inquiries concerning the enforcement program and
requests for technical assistance regarding compliance may also be
submitted to the local Wage and Hour Division office.
(c) The Administrator shall determine whether there is reasonable
cause to believe that the complaint warrants investigation and, if so,
shall conduct an investigation, within 180 days of the receipt of a
complaint. If the Administrator determines that the complaint fails to
present reasonable cause for an investigation, the Administrator shall
so notify the complainant, who may submit a new complaint, with such
additional information as may be necessary.
(d) When an investigation has been conducted, the Administrator
shall,
within 180 days of the receipt of a complaint, issue a written
determination, stating whether a basis exists to make a finding that the
facility failed to meet a condition of its attestation, or made a
misrepresentation of a material fact therein, or otherwise violated the
Act or subpart D or E. The determination shall specify any sanctions
imposed due to violations. The Administrator shall provide a notice of
such determination to the interested parties and shall inform them of
the opportunity for a hearing pursuant to Sec. 655.420.
