[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR500.212]



[Page 47-48]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 500_MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of 

Contents

 

                  Subpart F_Administrative Proceedings

 

Sec.  500.212  Request for hearing.



    (a) Any person desiring to request an administrative hearing on a 

determination referred to in Sec.  500.210 shall make such request in 

writing to the official who issued the determination, at the Wage and 

Hour Division address appearing on the determination notice. Such 

request must be made no later than thirty (30) days after the date of 

issuance of the notice referred to in Sec.  500.210.

    (b) The request for such hearing shall be delivered in person or by 

mail to the Wage and Hour Division office at the address appearing on 

the determination notice upon which the request for a hearing is based, 

within the time set forth in paragraph (a) of this section. For the 

affected person's protection, if the request is by mail, it should be by 

certified mail.

    (c) No particular form is prescribed for any request for hearing 

permitted by this part. However, any such request shall:

    (1) Be typewritten or legibly written on size 8\1/

2\x11 paper;

    (2) Specify the issue or issues stated in the notice of 

determination giving rise to such request;

    (3) State the specific reason or reasons why the person requesting 

the hearing believes such determination is in error;

    (4) Be signed by the person making the request or by an authorized 

representative of such person; and

    (5) Include the address at which such person or authorized 

representative desires to receive further communications relating 

thereto.



[[Page 48]]



    (d) Civil money penalties under FLCRA shall be treated as follows:

    (1) Determinations to assess civil money penalties for violations of 

FLCRA made prior to April 14, 1983 shall continue until a final 

administrative determination shall have been made in accordance with 29 

CFR part 40.

    (2) Determinations to assess civil money penalties for violations of 

FLCRA arising prior to April 14, 1983, made on or after April 14, 1983, 

shall continue until a final administrative determination shall have 

been made in accordance with these regulations.



[48 FR 36741, Aug. 12, 1983, as amended at 54 FR 13329, Mar. 31, 1989; 

57 FR 5942, Feb. 18, 1992; 71 FR 16665, Apr. 3, 2006]



               Procedures Relating to Substituted Service