The representative authorized to withdraw or annul a certificate
under Sec. 528.3 shall institute proceedings by a letter mailed to the
employer and, where appropriate, to the apprenticeship agency (in the
case of apprentice certificates) or the responsible school official (in
the case of student-learner certificates), setting forth alleged facts
which may warrant such annulment or withdrawal and advising the employer
that such an annulment or withdrawal of the scope provided in Sec. 528.7
will take effect at a time specified unless facts are presented which
convince the authorized representative that such action should not be
taken. The letter shall advise such person, agency, or official of the
right to respond by mail or to appear by or with counsel or by other
duly qualified representative at a specified time and place. If there is
no timely objection to the withdrawal or annulment thus proposed, it
shall be deemed effective according to the terms of the letter
instituting the annulment or withdrawal proceeding without the necessity
of any further action. If objection to the annulment or withdrawal as
proposed is made within the specified time the further proceedings shall
be as informal as practicable commensurate with orderly dispatch and
fairness. Department of Labor investigation files or reports or portions
thereof may be considered in such proceedings to the extent they are
made available for examination during the proceedings. If objection to
the proposed annulment or withdrawal is made by such specified time, the
authorized representative shall, after considering all pertinent matters
presented, mail a letter to the employer and, where appropriate, to the
apprenticeship agency or the responsible school official, setting out
that representative's findings of specific pertinent facts and
conclusions and that representative's order concerning the proposed
annulment or withdrawal. In proceedings instituted for annulment, the
order may provide for withdrawal instead of annulment if the proof
warrants such withdrawal but fails to support adequately the annulment.
Such an order shall be deemed issued and effective according to its
terms when mailed.
(Secretary's Order No. 16-75, dated Nov. 25, 1975 (40 FR 55913);
Employment Standards Order No. 76-2, dated Feb. 23, 1976 (41 FR 9016))
[43 FR 28469, June 30, 1978]
