Content Last Revised: 1/19/95 ---DISCLAIMER---

CFR	Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 20

Employees' Benefits

Chapter V

Employment and Training Administration, Department of Labor

Part 655

Temporary Employment of Aliens In the United States

Subpart G

Enforcement of the Limitations Imposed on Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports

• Section Number: 655.625
• Section Name: Written notice, service and Federal Register publication of Administrator's determination.

    (a) The Administrator's determination, issued pursuant to 

Sec. 655.605 of this part, shall be served on the complainant, the 

employer, and other known interested parties by personal service or by 

certified mail at the parties' last known addresses. Where service by 

certified mail is not accepted by the party, the Administrator may 

exercise discretion to serve the determination by regular mail.

    (b) Where the Administrator determines the prevailing practice 

regarding the use of alien crewmember(s) to perform longshore 

activity(ies) in a U.S. port (whether the Administrator's investigation 

involves an employer operating under an attestation, or under the 

automated vessel exception), the Administrator shall, simultaneously 

with issuance of the determination, publish in the Federal Register a 

notice of the determination. The notice shall identify the 

activity(ies), the U.S. port, and the prevailing practice regarding the 

use of alien crewmembers. The notice shall also inform interested 

parties that they may request a hearing pursuant to Sec. 655.630 of this 

part, within 15 days of the date of the determination.

    (c) The Administrator shall file with the Chief Administrative Law 

Judge, U.S. Department of Labor, a copy of the complaint and the 

Administrator's determination.

    (d) The Administrator's written determination required by 

Sec. 655.605 of this part shall:

    (1) Set forth the determination of the Administrator and the reason 

or reasons therefor, and in the case of a finding of violation(s) by an 

attesting employer, prescribe any remedies, including the amount of any 

civil money penalties assessed and the reason therefor, and/or any other 

remedies required for compliance with the employer's attestation.

    (2) Inform the interested parties that they may request a hearing 

pursuant to Sec. 655.625 of this part.

    (3) Inform the interested parties that in the absence of a timely 

request for a hearing, received by the Chief Administrative Law Judge 

within 15 calendar days of the date of the determination, the 

determination of the Administrator shall become final and not 

appealable.

    (4) Set forth the procedure for requesting a hearing, and give the 

address of the Chief Administrative Law Judge (with whom the request 

must be filed) and the representative(s) of the Solicitor of Labor (upon 

whom copies of the request must be served).

    (5) Inform the parties that, pursuant to Sec. 655.665, the 

Administrator shall notify ETA and the Attorney General of the 

occurrence of a violation by the attesting employer or of the non-

attesting employer's ineligibility for the automated vessel exception.