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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 20  

Employees' Benefits

 

Chapter V  

Employment and Training Administration, Department of Labor

 

 

Part 655  

Temporary Employment of Aliens In the United States

 

 

 

Subpart E  

Enforcement of H-1A Attestations


20 CFR 655.435 - Administrative law judge proceedings.

  • Section Number: 655.435
  • Section Name: Administrative law judge proceedings.

    (a) Upon receipt of a timely request for a hearing filed pursuant to 

and in accordance with Sec. 655.420, the Chief Administrative Law Judge 

shall appoint an administrative law judge to hear the case.

    (b) Within 7 days following the assignment of the case, the 

administrative law judge shall notify all interested parties of the 

date, time and place of the hearing. All parties shall be given at least 

5 days notice of such hearing.

    (c) The date of the hearing shall be not more than 60 days from the 

date of the Administrator's determination. Because of the time 

constraints imposed by the Act, no requests for postponement shall be 

granted except for compelling reasons and by consent of all the parties 

to the proceeding.

    (d) The administrative law judge may prescribe a schedule by which 

the parties are permitted to file a prehearing brief or other written 

statement of fact or law. Any such brief or statement shall be served 

upon each other party in accordance with Sec. 655.430. Posthearing 

briefs will not be permitted except at the request of the administrative 

law judge. When permitted, any such brief shall be limited to the issue 

or issues specified by the administrative law judge, shall be due within 

the time prescribed by the administrative law judge, and shall be served 

on each other party in accordance with Sec. 655.430.
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