(a) The Administrator shall perform all the Secretary's
investigative and enforcement functions under 8 U.S.C. 1182(m) and
subparts L and M of this part.
(b) The Administrator, either because of a complaint or otherwise,
shall conduct such investigations as may be appropriate and, in
connection therewith, enter and inspect such places and such records
(and make transcriptions thereof), question such persons and gather
such information as deemed necessary by the Administrator to determine
compliance with the matters to which a facility has attested under
section 212(m) of the INA (8 U.S.C. 1182(m)) and subparts L and M of
this part.
(c) A facility being investigated must make available to the
Administrator such records, information, persons, and places as the
Administrator deems appropriate to copy, transcribe, question, or
inspect. A facility must fully cooperate with any official of the
Department of Labor performing an investigation, inspection, or law
enforcement function under 8 U.S.C. 1182(m) or subparts L or M of this
part. Such cooperation shall include producing documentation upon
request. The Administrator may deem the failure to cooperate to be a
violation, and take such further actions as the Administrator considers
appropriate. (Note: Federal criminal statutes prohibit certain
interference with a Federal officer in the performance of official
duties. 18 U.S.C. 111 and 1114.)
(d) No facility may intimidate, threaten, restrain, coerce,
blacklist, discharge, or in any manner discriminate against any person
because such person has:
(1) Filed a complaint or appeal under or related to section 212(m)
of the INA (8 U.S.C. 1182(m)) or subpart L or M of this part;
(2) Testified or is about to testify in any proceeding under or
related to section 212(m) of the INA (8 U.S.C. 1182(m)) or subpart L or
M of this part.
(3) Exercised or asserted on behalf of himself/herself or others
any right or protection afforded by section 212(m) of the INA (8 U.S.C.
1182(m)) or subpart L or M of this part.
(4) Consulted with an employee of a legal assistance program or an
attorney on matters related to the Act or to subparts L or M of this
part or any other DOL regulation promulgated under 8 U.S.C. 1182(m).
(5) In the event of such intimidation or restraint as are described
in this paragraph, the Administrator may deem the conduct to be a
violation and take such further actions as the Administrator considers
appropriate.
(e) A facility subject to subparts L and M of this part must
maintain a separate file containing its Attestation and required
documentation, and must make that file or copies thereof available to
interested parties, as required by Sec. 655.1150. In the event of a
facility's failure to maintain the file, to provide access, or to
provide copies, the Administrator may deem the conduct to be a
violation and take such further actions as the Administrator considers
appropriate.
(f) No facility may seek to have an H-1C nurse, or any other nurse
similarly employed by the employer, or any other employee waive rights
conferred under the Act or under subpart L or M of this part. In the
event of such waiver, the Administrator may deem the conduct to be a
violation and take such further actions as the Administrator considers
appropriate. This prohibition of waivers does not prevent agreements to
settle litigation among private parties, and a waiver or modification
of rights or obligations in favor of the Secretary shall be valid for
purposes of enforcement of the provisions of the Act or subpart L and M
of this part.
(g) The Administrator shall, to the extent possible under existing
law, protect the confidentiality of any complainant or other person who
provides information to the Department.
