(a) Upon receipt of a timely request for a hearing filed pursuant to
and in accordance with Sec. 500.212, the Secretary, by the Associate
Solicitor for the Division of Fair Labor Standards or by the Regional
Solicitor for the Region in which the action arose, shall, by Order of
Reference, promptly refer an authenticated copy of the notice of
administrative determination complained of, and the original or a
duplicate copy of the request for hearing signed by the person
requesting such hearing or by the authorized representative of such
person, to the Chief Administrative Law Judge, for a determination in an
administrative proceeding as provided herein. The notice of
administrative determination and request for hearing shall be filed of
record in the Office of the Chief Administrative Law Judge and shall,
respectively, be given the effect of a complaint and answer thereto for
purposes of the administrative proceeding, subject to any amendment that
may be permitted under these regulations.
(b) In cases involving a denial, suspension, or revocation of a
Certificate of Registration (Farm Labor Contractor Certificate; Farm
Labor Contractor Employee Certificate) or ``certificate action,''
including those cases where the farm labor contractor has requested a
hearing on civil money penalty(ies) as well as on the certificate
action, the date of the hearing shall be not more than sixty (60) days
from the date on which the Order of Reference is filed. No request for
postponement shall be granted except for compelling reasons.
(c) A copy of the Order of Reference, together with a copy of these
regulations, shall be served by counsel for the Secretary upon the
person requesting the hearing, in the manner provided in 29 CFR 18.3.
[48 FR 36741, Aug. 12, 1983, as amended at 61 FR 24866, May 16, 1996]
