(a) Under certain conditions, an agricultural or retail or service
establishment employer may obtain temporary authorization to employ
full-time students at subminimum wages. These conditions are: (1)
Attestation by the employer that he/she will employ no more than six
full-time students at subminimum wages on any workday and that the
employment of such students will not reduce the full-time employment
opportunities of other persons, and (2) forwarding a properly completed
application to the Wage and Hour Division not later than the start of
such employment, and (3) posting a notice of such filing at the place(s)
specified in paragraph (a) of Sec. 519.6 of this subpart, and (4)
compliance during the temporary authorization period with the
requirements set forth in paragraphs (b) and (j) through (o) of
Sec. 519.6 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. 519.3 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. 519.9,
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 establishments 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.
[40 FR 6329, Feb. 11, 1975, as amended at 42 FR 58745, Nov. 11, 1977]
