(a) An employer desiring to request an administrative hearing on a
determination issued pursuant to Sec. 655.1015 of this part shall make
such request in writing to the Chief Administrative Law Judge at the
address stated in the notice of determination. Copies of the request
shall be served upon the Wage and Hour Division official who issued the
notice of determination and upon the representative of the Solicitor of
Labor identified in the notice of determination.
(b) No particular form is prescribed for any request for hearing
permitted by this section. However, any such request shall:
(1) Be dated;
(2) Be typewritten or legibly written;
(3) Specify the issue or issues stated in the notice of
determination giving rise to such request;
(4) State the specific reason or reasons why the employer believes
such determination is in error;
(5) Be signed by the employer making the request or by an authorized
representative of the employer; and
(6) Include the address at which the employer or authorized
representative desires to receive further communications relating
thereto.
(c) The request for such hearing must be received by the Chief
Administrative Law Judge, at the address stated in the Administrator's
notice of determination, no later than 15 calendar days after the date
of the determination.
(d) The request may be filed in person, by facsimile transmission,
by certified or regular mail, or by courier service. For the requesting
party's protection, if the request is by mail, it should be by certified
mail. If the request is by facsimile transmission, the original of the
request, signed by the employer or authorized representative, shall be
filed within ten days thereafter.
(e) A copy of the request for a hearing shall be sent by the
requestor to the Administrator at the address shown on the
Administrator's notice of determination.
