(a) Upon receipt of a timely request for a hearing filed pursuant to
and in accordance with Sec. 801.53 of this part, 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 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 this part.
(b) A copy of the Order of Reference, together with a copy of this
part, shall be served by counsel for the Secretary upon the person
requesting the hearing, in the manner provided in 29 CFR 18.3.
