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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers Admitted Under Section 216 of the Immigration and Nationality Act |
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| Administrative Proceedings |
29 CFR 501.37 - Referral to Administrative Law Judge.
- Section Number: 501.37
- Section Name: Referral to Administrative Law Judge.
(a) Upon receipt of a timely request for a hearing filed pursuant to
and in accordance with Sec. 501.33 the Administrator, 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 a 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 or 29 CFR part 18.
(b) A copy of the Order of Reference, together with a copy of these
regulations, shall be served by counsel for the Administrator upon the
person requesting the hearing, in the manner provided in 29 CFR 18.3.
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