(a) Pursuant to Sec. 655.625(b), the Administrator shall publish in
the Federal Register a notice of the Administrator's determination of
any investigation regarding the prevailing practice for the use of alien
crewmembers for particular longshore activity(ies) in a particular U.S.
port (whether under an attestation or under the automated vessel
exception). Where the Administrator has determined that the prevailing
practice in that U.S. port does not permit such use of alien
crewmembers, and no timely request for a hearing is filed pursuant to
Sec. 655.630, the Administrator's determination shall be the conclusive
determination for purposes of the Act and subparts F and G of this part;
the Attorney General and ETA shall, upon notice from the Administrator,
take the actions specified in Sec. 655.665. Where the Administrator has
determined that the prevailing practice in that U.S. port at the time of
the investigation permits such use of alien crewmembers, the
Administrator shall, in any subsequent investigation, give that
determination appropriate weight, unless the determination is reversed
in proceedings under Sec. 655.630 or Sec. 655.655.
(b) Where an interested party, pursuant to Sec. 655.630, requests a
hearing on the Administrator's determination, the Administrator shall,
upon the issuance of the decision of the administrative law judge,
publish in the Federal Register a notice of the judge's decision as to
the prevailing practice for the longshore activity(ies) and U.S. port at
issue, if the administrative law judge:
(1) Reversed the determination of the Administrator published in the
Federal Register pursuant to paragraph (a) of this section; or
(2) Determines that the prevailing practice for the particular
activity in the port does not permit the use of alien crewmembers.
(c) If the administrative law judge determines that the prevailing
practice in that port does not permit such use of alien crewmembers, the
judge's decision shall be the conclusive determination for purposes of
the Act and subparts F and G of this part (unless and until reversed by
the Secretary on discretionary review pursuant to Sec. 655.655). The
Attorney General and ETA shall upon notice from the Administrator, take
the actions specified in Sec. 655.665.
(d) In the event that the Secretary, upon discretionary review
pursuant to Sec. 655.655, issues a decision that reverses the
administrative law judge on a matter on which the Administrator has
published notices in the Federal Register pursuant to paragraphs (a) and
(b) of this section, the Administrator shall publish in the Federal
Register a notice of the Secretary's decision and shall notify the
Attorney General and ETA.
(1) Where the Secretary reverses the administrative law judge and
determines that, contrary to the judge's decision, the prevailing
practice for the longshore activity(ies) in the U.S. port at issue does
not permit the use of alien crewmembers, the Secretary's decision shall
be the conclusive determination for purposes of the Act and subparts F
and G of this part. Upon notice from the Administrator, the Attorney
General and ETA shall take the actions specified in Sec. 655.665.
(2) Where the Secretary reverses the administrative law judge and
determines that, contrary to the judge's decision, the use of alien
crewmembers is permitted by the prevailing practice for the longshore
activity(ies) in the U.S. port at issue, the judge's decision shall no
longer have the conclusive effect specified in paragraph (b) of this
section. Upon notice from the Administrator, the Attorney General and
ETA shall cease the actions specified in Sec. 655.665.
