(a) The Administrator's determination, issued under
Sec. 655.1205(d), shall be served on the complainant, the facility, and
other 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. Where the complainant has
requested confidentiality, the Administrator shall serve the
determination in a manner which will not breach that confidentiality.
(b) The Administrator's written determination required by
Sec. 655.1205(c) shall:
(1) Set forth the determination of the Administrator and the reason
or reasons therefor; prescribe any remedies or penalties including the
amount of any unpaid wages due, the actions required for compliance
with the facility Attestation, and the amount of any civil money
penalty assessment and the reason or reasons therefor.
(2) Inform the interested parties that they may request a hearing
under Sec. 655.1220.
(3) Inform the interested parties that if a request for a hearing
is not received by the Chief Administrative Law Judge within 10 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.
(5) Inform the parties that, under Sec. 655.1255, the Administrator
shall notify the Attorney General and ETA of the occurrence of a
violation by the employer.
