(a) Upon receipt of a timely exception to a determination of
penalties and request for a hearing filed pursuant to and in accordance
with Sec. 580.6 of this subpart, the Administrator, by the Associate
Solicitor for the Division of Fair Labor Standards or by the Regional
Solicitor for the Region in which the action arose, shall, by Order of
Reference, refer the matter to the Chief Administrative Law Judge, for a
determination in an administrative proceeding as provided herein. A copy
of the notice of administrative determination and of the request for
hearing shall be attached to the Order of Reference and shall,
respectively, be given the effect of a complaint and answer thereto for
purposes of the administrative proceeding, subject to any amendment that
may be permitted under this subpart and 29 CFR part 18.
(b) A copy of the Order of Reference and attachments thereto,
together with a copy of this part, shall be served by counsel for the
Administrator upon the person requesting the hearing, in the manner
provided in Sec. 580.8 of this subpart.
