(a) The Administrator's determination, issued pursuant to
§655.806, 655.807, or 655.808, shall be served on the complainant, the
employer, and other known interested parties by personal service or by
certified mail at the parties' last known addresses. Where service by certified
mail is not accepted by the party, the Administrator may exercise discretion to
serve the determination by regular mail.
(b) The Administrator shall file with the Chief Administrative Law Judge,
U.S. Department of Labor, a copy of the complaint and the Administrator's
determination.
(c) The Administrator's written determination required by §655.805 of
this part shall:
(1) Set forth the determination of the Administrator and the reason or
reasons therefor, and in the case of a finding of violation(s) by an employer,
prescribe any remedies, including the amount of any back wages assessed, the
amount of any civil money penalties assessed and the reason therefor, and/or
any other remedies assessed.
(2) Inform the interested parties that they may request a hearing pursuant
to §655.820 of this part.
(3) Inform the interested parties that in the absence of a timely request
for a hearing, received by the Chief Administrative Law Judge within 15
calendar days of the date of the determination, the determination of the
Administrator shall become final and not appealable.
(4) Set forth the procedure for requesting a hearing, give the addresses of
the Chief Administrative Law Judge (with whom the request must be filed) and
the representative(s) of the Solicitor of labor (upon whom copies of the
request must be served).
(5) Where appropriate, inform the parties that, pursuant to §655.855,
the Administrator shall notify ETA and the Attorney General of the occurrence
of a violation by the employer.
[59 FR 65672, 65676, Dec. 20, 1994, as amended at 65 FR 80237, Dec. 20, 2000]
