(a) Any interested party desiring review of a determination issued
under Sec. 655.1205(d), including judicial review, must make a request
for an administrative hearing in writing to the Chief Administrative
Law Judge at the address stated in the notice of determination. 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 an order
affirming the decision.
(b) An interested party may request a hearing in the following
circumstances:
(1) Where the Administrator determines that there is no basis for a
finding of violation, the complainant or other interested party may
request a hearing. In such a proceeding, the party requesting the
hearing shall be the prosecuting party and the facility shall be the
respondent; the Administrator may intervene as a party or appear as
amicus curiae at any time in the proceeding, at the Administrator's
discretion.
(2) Where the Administrator determines that there is a basis for a
finding of violation, the facility or other interested party may
request a hearing. In such a proceeding, the Administrator shall be the
prosecuting party and the facility shall be the respondent.
(c) No particular form is prescribed for any 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 or issues stated in the notice of
determination giving rise to such request;
(4) State the specific reason or reasons why the party requesting
the hearing believes such determination is in error;
(5) Be signed by the party making the request or by an authorized
representative of such party; and
(6) Include the address at which such party or authorized
representative desires to receive further communications relating
thereto.
(d) The request for such hearing must be received by the Chief
Administrative Law Judge, at the address stated in the Administrator's
notice of determination, no later than 10 days after the date of the
determination. An interested party which fails to meet this 10-day
deadline for requesting a hearing may thereafter participate in the
proceedings only by consent of the administrative law judge, either
through intervention as a party under 29 CFR 18.10 (b) through (d) or
through participation as an amicus curiae under 29 CFR 18.12.
(e) The request may be filed in person, by facsimile transmission,
by certified or regular mail, or by courier service. For the requesting
party's protection, if the request is filed by mail, it should be
certified mail. If the request is filed by facsimile transmission, the
original of the request, signed by the requestor or authorized
representative, must be filed
within 10 days of the date of the Administrator's notice of
determination.
(f) Copies of the request for a hearing must be sent by the
requestor to the Wage and Hour Division official who issued the
Administrator's notice of determination, to the representative(s) of
the Solicitor of Labor identified in the notice of determination, and
to all known interested parties.
