[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1627.15]

[Page 336]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1627--RECORDS TO BE MADE OR KEPT RELATING TO AGE: NOTICES TO BE POSTED: 
ADMINISTRATIVE EXEMPTIONS--Table of Contents
 
                  Subpart C--Administrative Exemptions
 
Sec. 1627.15  Administrative exemptions; procedures.


    (a) Section 9 of the Act provides that,

    In accordance with the provisions of subchapter II of chapter 5, of 
title 5, United States Code, the Secretary of Labor * * * may establish 
such reasonable exemptions to and from any or all provisions of this Act 
as he may find necessary and proper in the public interest.

    (b) The authority conferred on the Commission by section 9 of the 
Act to establish reasonable exemptions will be exercised with caution 
and due regard for the remedial purpose of the statute to promote 
employment of older persons based on their ability rather than age and 
to prohibit arbitrary age discrimination in employment. Administrative 
action consistent with this statutory purpose may be taken under this 
section, with or without a request therefor, when found necessary and 
proper in the public interest in accordance with the statutory 
standards. No formal procedures have been prescribed for requesting such 
action. However, a reasonable exemption from the Act's provisions will 
be granted only if it is decided, after notice published in the Federal 
Register giving all interested persons an opportunity to present data, 
views, or arguments, that a strong and affirmative showing has been made 
that such exemption is in fact necessary and proper in the public 
interest. Request for such exemption shall be submitted in writing to 
the Commission.

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