(a) Under certain conditions, an institution of higher education has
temporary authorization to employ full-time students at subminimum
wages. These conditions are:
(1) Absence of an effective finding by the Secretary that the
institution has been employing full-time students under certificates in
violation of the requirements of section 14(b)(3) of the Act or of these
regulations; and
(2) Forwarding of a properly completed application to the Wage and
Hour Division not later than the start of employment of full-time
students at subminimum wages; and
(3) Posting a notice of such filing at the place(s) specified in
paragraph (a) of Sec. 519.16 of this subpart; and
(4) Compliance during the temporary authorization period with the
requirements set forth in paragraphs (b) and (e) through (j) of
Sec. 519.16 of this subpart.
(b) Temporary authorization under the conditions set forth in
paragraph (a) of this section is effective from the date the application
is forwarded to the Wage and Hour Division in conformance with
Sec. 519.13 of this subpart. This authorization shall continue in effect
for one year from the date of forwarding of the application unless,
within 30 days, the Administrator or his/her authorized representative
denies the application, issues a certificate with modified terms and
conditions, or expressly extends the 30-day period of review.
(c) Upon receipt of an application for a certificate, the officer
authorized to act upon such application shall issue a certificate if the
terms and conditions specified in this subpart are satisfied. To the
extent he/she deems appropriate, the authorized officer may provide an
opportunity to other interested persons to present data, views, or
argument on the application prior to granting or denying a certificate.
(d) Until April 30, 1976, if a certificate is issued there shall be
published in the Federal Register a general statement of the terms of
such certificate together with a notice that, pursuant to Sec. 519.19,
for 45 days following such publication any interested person may file a
written request for reconsideration or review. Thereafter, applications
and certificates will be available for examination in accordance with
applicable regulations in Washington, DC, and in the appropriate
Regional Office of the Wage and Hour Division (or the Denver, Colorado
Area Office for Colorado, North Dakota, and South Dakota; the Salt Lake
City, Utah Area Office for Montana, Utah, and Wyoming; and the Caribbean
Office for the area it covers) for institutions of higher education in
its area. A period of 60 days will be provided after certificate
issuance during which any interested person may file a written request
for reconsideration or review.
(e) If a certificate is denied, notice of such denial shall be sent
to the employer, stating the reason or reasons for the denial. Such
denial shall be without prejudice to the filing of any subsequent
application.
