(a) Whenever an employer has requested an administrative-judicial
review of a denial of an application or a petition in accordance with
Secs. 655.204(d), 655.205(d), 655.206(c), or 655.211, the Chief
Administrative Law Judge shall immediately assign a Hearing Officer to
review the record for legal sufficiency, and the Regional Administrator
shall send a certified copy of the case file to the Chief Administrative
Law Judge by means normally assuring next day delivery. The Hearing
Officer shall not have authority to remand the case and shall not
receive additional evidence. Any countervailing evidence advanced after
decision by the Regional Administrator shall be subject to provisions of
8 CFR 214.2(h)(3)(i).
(b) The Hearing Officer, within five working days after receipt of
the case file shall, on the basis of the written record and due
consideration of any written memorandums of law submitted, either
affirm, reverse or modify the RA's denial by written decision. The
decision of the Hearing Officer shall specify the reasons for the action
taken and shall be immediately provided to the employer, RA,
Administrator, and INS by means normally assuring next-day delivery. The
Hearing Officer's decision shall be the final decision of the Department
of Labor and no further review shall be given to the temporary labor
certification determination by any Department of Labor official.
[59 FR 41876, Aug. 15, 1994]
