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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 870  

Restriction on Garnishment

 

 

 

Subpart C  

Exemption for State-Regulated Garnishments


29 CFR 870.53 - Action upon an application for exemption.

  • Section Number: 870.53
  • Section Name: Action upon an application for exemption.

    (a) The Administrator shall grant or deny within a reasonable time 
any application for the exemption of State-regulated garnishments. The 
State representative shall be notified in writing of the decision. In 
the event of denial, a statement of the grounds for the denial shall be 
made. To the extent feasible and appropriate, the Administrator may 
afford to the State representative and to any other interested persons 
an opportunity to submit orally or in writing data, views, and arguments 
on the issue of whether or not an exemption should be granted and on any 
subsidiary issues.
    (b) If an application is denied, the State representative shall have 
an opportunity to request reconsideration by the Administrator. The 
request shall be made in writting. The Administrator shall permit 
argument whenever the opportunity to do so has not been afforded under 
paragraph (a) of this section, and may permit argument in any other 
case.
    (c) General notice of every exemption of State-regulated 
garnishments and of its terms and conditions shall be given by 
publication in the Federal Register.
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