(a) Any interested party desiring to request an administrative
hearing on a determination issued pursuant to Secs. 655.605 and 655.625
of this part shall make such request in writing to the Chief
Administrative Law Judge at the address stated in the notice of
determination.
(b) Interested parties may request a hearing in the following
circumstances:
(1) The complainant or any other interested party may request a
hearing where the Administrator determines, after investigation, that
there is no basis for a finding that an attesting employer has committed
violation(s) or that the employer is eligible for the automated vessel
exception. In such a proceeding, the requesting party and the employer
shall be parties; the Administrator may intervene as a party or appear
as amicus curiae at any time in the proceeding, at the Administrator's
discretion.
(2) The employer or any other interested party may request a hearing
where the Administrator determines,
after investigation, that there is a basis for a finding that an
attesting employer has committed violation(s) or that a non- attesting
employer is not eligible for the automated vessel exception. In such a
proceeding, the Administrator and the employer shall be parties.
(c) No particular form is prescribed for any request for hearing
permitted by this section. However, any such request shall:
(1) Be dated;
(2) Be typewritten or legibly written;
(3) Specify the issue or issues stated in the notice of
determination giving rise to such request;
(4) State the specific reason or reasons why the party requesting
the hearing believes such determination is in error;
(5) Be signed by the party making the request or by an authorized
representative of such party; and
(6) Include the address at which such party or authorized
representative desires to receive further communications relating
thereto.
(d) The request for such hearing must be received by the Chief
Administrative Law Judge, at the address stated in the Administrator's
notice of determination, no later than 15 calendar days after the date
of the determination. An interested party that fails to meet this 15-day
deadline for requesting a hearing may thereafter participate in the
proceedings only by consent of the administrative law judge, either
through intervention as a party pursuant to 29 CFR 18.10 (b) through (d)
or through participation as an amicus curiae pursuant to 18 CFR 18.12.
(e) The request may be filed in person, by facsimile transmission,
by certified or regular mail, or by courier service. For the requesting
party's protection, if the request is filed by mail, it should be by
certified mail. If the request is filed by facsimile transmission, the
original of the request, signed by the requestor or authorized
representative, shall be filed within ten days.
(f) Copies of the request for a hearing shall be sent by the
requestor to the Wage and Hour Division official who issued the
Administrator's notice of determination, to the representative(s) of the
Solicitor of Labor identified in the notice of determination, and to all
known interested parties.
