In a revocation proceeding pursuant to Sec. 530.205(d) of subpart C
of this part arising as a result of a certificate holder's failure to
pay back wages or civil money penalties judged owing, the Administrator
may file a motion for expedited decision, attaching to the notice, by
affidavit or other means, evidence that a final order has been entered
or agreement signed requiring respondent to pay back wages or civil
money penalties and that the back wages or civil money penalties have
not been paid. The respondent in the proceeding shall have 20 days in
which to file a countering affidavit or other evidence. If no evidence
countering the material assertions of the Administrator has been
submitted within 20 days, the Administrative Law Judge shall, within 30
days thereafter, affirm the revocation or denial of the certificate. If
the respondent does timely file such evidence, the Administrative Law
Judge shall schedule a hearing pursuant to Sec. 530.411(c) of this
subpart and the case shall be subject to the expeditious procedures
following therein.
