(a) When the Administrator determines that immediate revocation of a
homework certificate is necessary to safeguard the payment of minimum
wages to homeworkers, a notice of proposed emergency revocation of a
certificate shall be sent to the certificate holder pursuant to
Sec. 530.402 of this subpart setting forth reasons requiring emergency
revocation of the certificate.
(b) If no request for a hearing pursuant to Sec. 530.403 of this
subpart is received within 20 days of the date of receipt of the notice
by the certificate holder, the proposed revocation of the certificate
shall become final.
(c) The Office of Administrative Law Judges shall notify the parties
at their last known address, of the date, time and place for the
hearing, which shall be no more than 60 days from the date of receipt of
the request for the hearing. All parties shall be given at least 5 days
notice of such hearing. No requests for postponement shall be granted
except for compelling reasons.
(d) The Administrative Law Judge shall issue a decision pursuant to
Sec. 530.406 of this subpart within 30 days after the termination of a
proceeding at which evidence was submitted. The decision shall be served
on all parties and the Secretary by certified mail and shall constitute
the final order of the Department of Labor unless the Secretary
determines to review the decision.
(e) Any party desiring review of the decision of the Administrative
Law Judge may petition the Secretary to review the decision of the
Administrative Law Judge. To be effective, such petition must be
received by the Secretary within 30 days of the date of the decision of
the Administrative Law Judge. If the Secretary does not issue a notice
accepting a petition for review within 15 days after receipt of a timely
filing of the petition, or within 30 days of the date of the decision if
no petition is filed, the decision of the Administrative Law Judge shall
be deemed the final agency action.
(f) The Secretary's decision shall be issued within 60 days of the
notice by the Secretary accepting the submission, and shall be served
upon all parties and the Administrative Law Judge, in person or by
certified mail.
