(a) If, after the granting of a temporary labor certification, the
RA has probable cause to believe that an employer has not lived up to
the terms of the temporary labor certification, the RA shall investigate
the matter. If the RA concludes that the employer has not complied with
the terms of the labor certification, the RA may notify the employer
that it will not be eligible to apply for a temporary labor
certification in the coming year. The notice shall be in writing, shall
state the reasons for the determination, and shall offer the employer an
opportunity to request a hearing within 30 days of the date of the
notice. If the employer requests a hearing within the 30-day period, the
RA shall follow the procedures set forth at Sec. 658.421(i) (1), (2) and
(3) of this chapter. The procedures contained in Secs. 658.421(j),
658.422 and 658.423 of this chapter shall apply to such hearings.
(b) No other penalty shall be imposed by the employment service on
such an employer other than as set forth in paragraph (a) of this
section.