(a) The Administrator's determination, issued pursuant to
Sec. 655.405(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 shall file with the Chief Administrative Law
Judge, U.S. Department of Labor, a copy of the complaint and the
Administrator's determination.
(c) The Administrator's written determination required by
Sec. 655.405(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/or State plan, 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
pursuant to Sec. 655.420.
(3) Inform the interested parties that in the absence of a timely
request for a hearing, 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, pursuant to Sec. 655.455, the
Administrator shall notify the Attorney General and ETA of the
occurrence of a violation by the employer.
