(a) The Administrator's written determination, issued pursuant to
Secs. 655.1005 and 655.1010 of this part, shall be served on the
employer by personal service or by certified mail at the address of the
employer or the employer's agent shown on the attestation. Where service
by certified mail is not accepted by the employer, the Administrator may
exercise discretion to serve the determination by regular mail.
(b) The Administrator's written determination, issued pursuant to
Secs. 655.1005 and 655.1010 of this part, shall:
(1) Set forth the Administrator's determination of the violation(s)
and the Administrator's reason or reasons therefor.
(2) Inform the employer that it may request a hearing pursuant to
Sec. 655.1020 of this part.
(3) Inform the employer that in the absence of a timely request for
a hearing, received by the Chief Administrative Law Judge within 15
calendar 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
addresses of the Chief Administrative Law Judge (with whom the request
must be filed) and the representative of the Solicitor of Labor (who
must be served with a copy of the request).
(5) Inform the employer that, if no timely request for a hearing is
filed pursuant to Sec. 655.1020 of this part, the employer shall be
disqualified from employing F-1 students, effective upon the expiration
of the period for filing a request for a hearing. In such event, the
Administrator shall, pursuant to
Sec. 655.1055 of this part, notify ETA and the Attorney General of the
occurrence of a violation by the employer, and that the employer has
been disqualified from employing F-1 students.
