(a) Any person desiring to take exception to the determination of
penalty, or to seek judicial review, shall request an administrative
hearing pursuant to this part. The exception shall be in writing to the
official who issued the determination at the Wage and Hour Division
address appearing on the determination notice, and must be received no
later than 15 days after the date of receipt of the notice referred to
in Sec. 580.3. No additional time shall be added where service of the
determination of penalties or of the exception thereto is made by mail.
If such a request for an administrative hearing is timely filed, the
Administrator's determination shall be inoperative unless and until the
case is dismissed or the Administrative Law Judge issues a decision
affirming the determination.
[[Page 308]]
(b) No particular form is prescribed for any exception to
determination of penalty and request for hearing permitted by this part.
However, any such request shall:
(1) Be dated;
(2) Be typewritten or legibly written;
(3) Specify the issue(s) stated in the notice of determination
giving rise to such request;
(4) State the specific reason(s) why the person requesting the
hearing believes such determination is in error;
(5) Be signed by the person making the request or by an authorized
representative of such person; and
(6) Include the address at which such person or authorized
representative desires to receive further communications relating
thereto.
[56 FR 24991, May 31, 1991, as amended at 60 FR 17222, Apr. 5, 1995; 69
FR 75405, Dec. 16, 2004]
Rules of Practice
