Source: 60 FR 3969, 3977, Jan. 19, 1995, unless otherwise noted.
(a) The Administrator shall perform all the Secretary's
investigative and enforcement functions under section 258 of the INA (8
U.S.C. 1288) and subparts F and G of this part.
(b) The Administrator, pursuant to a complaint, shall conduct such
investigations as may be appropriate and, in connection therewith, enter
and inspect such places and such records (and make transcriptions or
copies thereof), question such persons and gather such information as
deemed necessary by the Administrator to determine compliance regarding
the matters which are the subject of the investigation.
(c) An employer being investigated shall make available to the
Administrator such records, information, persons, and places as the
Administrator deems appropriate to copy, transcribe, question, or
inspect. No employer subject to the provisions of section 258 of the INA
(8 U.S.C. 1288) and subparts F and G of this part shall interfere with
any official of the Department of Labor performing an investigation,
inspection or law enforcement function pursuant to 8 U.S.C. 1288 or
subpart F or G of this part. Any such interference shall be a violation
of the attestation and subparts F and G of this part, and the
Administrator may take such further actions as the Administrator
considers appropriate. (Note: Federal criminal statutes prohibit certain
interference with a Federal officer in the performance of official
duties. 18 U.S.C. 111 and 18 U.S.C. 1114.)
(d)(1) An employer subject to subparts F and G of this part shall at
all times cooperate in administrative and enforcement proceedings. No
employer shall intimidate, threaten, restrain, coerce, blacklist,
discharge, retaliate, or in any manner discriminate against any person
because such person has:
(i) Filed a complaint or appeal under or related to section 258 of
the INA (8 U.S.C. 1288) or subpart F or G of this part;
(ii) Testified or is about to testify in any proceeding under or
related to section 258 of the INA (8 U.S.C. 1288) or subpart F or G of
this part;
(iii) Exercised or asserted on behalf of himself or herself or
others any right or protection afforded by section 258 of the INA (8
U.S.C. 1288) or subpart F or G of this part.
(iv) Consulted with an employee of a legal assistance program or an
attorney on matters related to section 258 of the Act or to subpart F or
G of this part or any other DOL regulation promulgated pursuant to 8
U.S.C. 1288.
(2) In the event of such intimidation or restraint as are described
in paragraph (d)(1) of this section, the conduct shall be a violation of
the attestation and subparts F and G of this part, and the Administrator
may take such further actions as the Administrator considers
appropriate.
(e) The Administrator shall, to the extent possible under existing
law, protect the confidentiality of any person who provides information
to the Department in confidence in the course of an investigation or
otherwise under subpart F or G of this part. However, confidentiality
will not be afforded to the complainant or to information provided by
the complainant.
