(a) The Administrator's determination, issued pursuant to
Sec. 655.605 of this part, shall be served on the complainant, the
employer, and other known interested parties by personal service or by
certified mail at the parties' last known addresses. Where service by
certified mail is not accepted by the party, the Administrator may
exercise discretion to serve the determination by regular mail.
(b) Where the Administrator determines the prevailing practice
regarding the use of alien crewmember(s) to perform longshore
activity(ies) in a U.S. port (whether the Administrator's investigation
involves an employer operating under an attestation, or under the
automated vessel exception), the Administrator shall, simultaneously
with issuance of the determination, publish in the Federal Register a
notice of the determination. The notice shall identify the
activity(ies), the U.S. port, and the prevailing practice regarding the
use of alien crewmembers. The notice shall also inform interested
parties that they may request a hearing pursuant to Sec. 655.630 of this
part, within 15 days of the date of the determination.
(c) The Administrator shall file with the Chief Administrative Law
Judge, U.S. Department of Labor, a copy of the complaint and the
Administrator's determination.
(d) The Administrator's written determination required by
Sec. 655.605 of this part shall:
(1) Set forth the determination of the Administrator and the reason
or reasons therefor, and in the case of a finding of violation(s) by an
attesting employer, prescribe any remedies, including the amount of any
civil money penalties assessed and the reason therefor, and/or any other
remedies required for compliance with the employer's attestation.
(2) Inform the interested parties that they may request a hearing
pursuant to Sec. 655.625 of this part.
(3) Inform the interested parties that in the absence of a timely
request for a hearing, received by the Chief Administrative Law Judge
within 15 calendar days of the date of the determination, the
determination of the Administrator shall become final and not
appealable.
(4) Set forth the procedure for requesting a hearing, and give the
address of the Chief Administrative Law Judge (with whom the request
must be filed) and the representative(s) of the Solicitor of Labor (upon
whom copies of the request must be served).
(5) Inform the parties that, pursuant to Sec. 655.665, the
Administrator shall notify ETA and the Attorney General of the
occurrence of a violation by the attesting employer or of the non-
attesting employer's ineligibility for the automated vessel exception.