(a) Whenever a person duly authorized to make investigations under
this Act shall obtain substantial evidence that the age of the minor as
given on a certificate held by an employer subject to this Act is
incorrect, he shall inform the employer and the minor of such evidence
and of his intention to request through the appropriate channels that
action be taken to establish the correct age of the minor and to
determine the continued acceptability of the certificate as proof of age
under the Act. The said authorized person shall request in writing
through the appropriate channels that action be taken on the
acceptability of the certificate as proof of age under the Fair Labor
Standards Act and shall state the evidence of age of the minor which he
has obtained and the reasons for such request. A copy of this request
shall be sent to the Administrator of the Wage and Hour Division for
further handling through the State agency responsible for the issuance
of certificates, except that in those States where Federal certificates
of age are issued, action necessary to establish the correct age of the
minor and to revoke the certificate if it is found that the minor is
under age shall be taken by the Administrator of the Wage and Hour
Division or his designated representative.
(b) The Administrator shall have final authority in those States in
which State certificates are accepted as proof of age under the Act for
determining the continued acceptability of the certificate, and shall
have final authority for such determination in those States in which
Federal certificates of age are issued. When such determination has been
made in any case, notice thereof shall be given to the employer and the
minor. In those cases involving the continued acceptability of State
certificates, the appropriate State agency and the official who issued
the certificate shall also be notified.
