[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: 29CFR500.224]



[Page 49-50]

 

                             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.  500.224  Referral to Administrative Law Judge.



    (a) Upon receipt of a timely request for a hearing filed pursuant to 

and in accordance with Sec.  500.212, the Secretary, by the Associate 

Solicitor for the Division of Fair Labor Standards or by the Regional 

Solicitor for the Region in which the action arose, shall, by Order of 

Reference, promptly refer an authenticated copy of the notice of 

administrative determination complained of, and the original or a 

duplicate copy of the request for hearing signed by the person 

requesting such hearing or by the authorized representative of such 

person, to the Chief Administrative Law Judge, for a determination in an 

administrative proceeding as provided herein. The notice of 

administrative determination and request for hearing shall be filed of 

record in the Office of the Chief Administrative Law Judge and shall, 

respectively, be given the effect of a complaint and answer thereto for 

purposes of the administrative proceeding, subject to any amendment that 

may be permitted under these regulations.

    (b) In cases involving a denial, suspension, or revocation of a 

Certificate of Registration (Farm Labor Contractor Certificate; Farm 

Labor Contractor Employee Certificate) or ``certificate action,'' 

including those cases where the farm labor contractor has requested a 

hearing on civil money penalty(ies) as well as on the certificate 

action, the date of the hearing shall be not more than sixty (60) days 

from the date on which the Order of Reference is filed. No request for 

postponement



[[Page 50]]



shall be granted except for compelling reasons.

    (c) A copy of the Order of Reference, together with a copy of these 

regulations, shall be served by counsel for the Secretary upon the 

person requesting the hearing, in the manner provided in 29 CFR 18.3.



[48 FR 36741, Aug. 12, 1983, as amended at 61 FR 24866, May 16, 1996]