(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 L or M of this part. The
Administrator's authority applies whether an Attestation is expired or
unexpired at the time a complaint is filed. (Note: Federal criminal
statutes provide for fines and/or imprisonment 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 L or M 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 must 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 about 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, made a
misrepresentation of a material fact therein, or otherwise violated the
Act or subpart L or M. 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. 655.1220.
