(a) The State agency shall initiate procedures for discontinuation
of services to employers who:
(1) Submit and refuse to alter or withdraw job orders containing
specifications which are contrary to employment-related laws;
(2) Submit job orders and refuse to provide assurances, in
accordance with paragraph (d) above, that the jobs offered are in
compliance with employment-related laws, or to withdraw such job orders;
(3) Are found through field checks or otherwise to have either
misrepresented the terms or conditions of employment specified on job
orders or failed to comply fully with assurances made on job orders;
(4) Are found by a final determination by an appropriate enforcement
agency to have violated any employment-related laws and notification of
this final determination has been provided to the JS by that enforcement
agency;
(5) Are found to have violated JS regulations pursuant to
Sec. 658.416(d)(4);
(6) Refuse to accept qualified workers referred through the
clearance system;
(7) Refuse to cooperate in the conduct of field checks conducted
pursuant to Sec. 653.503; or
(8) Repeatedly cause the initiation of the procedures for
discontinuation of services pursuant to paragraphs (a)(1) through (6) of
this section.
(b) The State agency may discontinue services immediately if, in the
judgment of the State Administrator, exhaustion of the administrative
procedures set forth in this subpart at Secs. 658.501 through 658.502
would cause substantial harm to a significant number of workers. In such
instances, procedures at Sec. 658.503 (b) et seq. shall be followed.
(c) For employers who are alleged to have not complied with the
terms of the temporary labor certification, State agencies shall notify
the Regional Adminstrator of the alleged non-compliance for
investigation and pursuant to Sec. 655.210 consideration of
ineligibility for subsequent temporary labor certification.
