(a) The State agency shall notify the employer in writing that it
intends to discontinue the provision of JS services pursuant to 20 CFR
part 653 and the reason therefore:
(1) Where the decision is based on submittal and refusal to alter or
to withdraw job orders containing specifications contrary to employment-
related laws, the State agency shall specify the date the order was
submitted, the job order involved, the specifications contrary to
employment-related laws and the laws involved. The employer shall be
notified in writing that all JS services will be terminated in 20
working days unless the employer within that time:
(i) Provides adequate evidence that the specifications are not
contrary to employment-related laws, or
(ii) Withdraws the specifications and resubmits the job order in
compliance with all employment-related laws, or
(iii) If the job is no longer available makes assurances that all
future job orders submitted will be in compliance with all employment-
related laws, or
(iv) Requests a hearing from the State agency pursuant to
Sec. 658.417.
(2) Where the decision is based on the employer's submittal of an
order and refusal to provide assurances that the job is in compliance
with employment-related laws or to withdraw the order, the State agency
shall specify the date the order was submitted, the job order involved
and the assurances involved. The employer shall be notified that all JS
services will be terminated within 20 working days unless the employer
within that time:
(i) Resubmits the order with the appropriate assurances,
(ii) If the job is no longer available, make assurances that all
future job orders submitted will contain all necessary assurances that
the job offered is in compliance with employment-related laws, or
(iii) Requests a hearing from the State agency pursuant to
Sec. 658.417.
(3) Where the decision is based on a finding that the employer has
misrepresented the terms or conditions of employment specified on job
orders or failed to comply fully with assurances made on job orders, the
State agency shall specify the basis for that determination. The
employer shall be notified that all JS services will be terminated in 20
working days unless the employer within that time:
(i) Provides adequate evidence that terms and conditions of
employment were not misrepresented, or
(ii) Provides adequate evidence that there was full compliance with
the assurances made on the job orders, or
(iii) Provides resolution of a complaint which is satisfactory to a
complainant referred by the JS, and
(iv) Provides adequate assurance that specifications on future
orders will accurately represent the terms and conditions of employment
and that there will be full compliance with all job order assurances, or
(v) Requests a hearing from the State agency pursuant to
Sec. 658.417.
(4) Where the decision is based on a final determination by an
enforcement agency that the employer-related laws, the State agency
shall specify the determination. The employer shall be notified that all
JS services will be terminated in 20 working days unless the employer
within that time:
(i) Provides adequate evidence that the enforcement agency has
reversed its ruling and that the employer did not violate employment-
related laws, or
(ii) Provides adequate evidence that the appropriate fines have been
paid and/or appropriate restitution has been made, and
(iii) Provides assurances that any policies, procedures, or
conditions responsible for the violation have been corrected and the
same or similar violations are not likely to occur in the future.
(5) Where the decision is based on a finding of a violation of JS
regulations under Sec. 658.416(d)(4), the State agency shall specify the
finding. The employer shall be notified that all JS services will be
terminated in 20 working days unless the employer within that time:
(i) Provides adequate evidence that the employer did not violate JS
regulations, or
(ii) Provides adequate evidence that appropriate restitution has
been made or remedial action taken, and
(iii) Provides assurances that any policies, procedures, or
conditions responsible for the violation have been corrected and the
same or similar violations are not likely to occur in the future, or
(iv) Requests a hearing from the State agency pursuant to
Sec. 658.417.
(6) Where the decision is based on an employer's failure to accept
qualified workers referred through the clearance system, the State
agency shall specify the workers referred and not accepted. The employer
shall be notified that all JS services will be terminated in 20 working
days unless the employer within that time:
(i) Provides adequate evidence that the workers were accepted, or
(ii) Provides adequate evidence that the workers were not available
to accept the job, or
(iii) Provides adequate evidence that the workers were not
qualified, and
(iv) Provides adequate assurances that qualified workers referred in
the future will be accepted; or
(v) Requests a hearing from the State agency pursuant to
Sec. 658.417.
(7) Where the decision is based on lack of cooperation in the
conduct of field checks, the State agency shall specify the lack of
cooperation, the employer shall be notified that all JS services will be
terminated in 20 working days unless the employer within that time:
(i) Provides adequate evidence that he did cooperate, or
(ii) Cooperates immediately in the conduct of field checks, and
(iii) Provides assurances that he/she will cooperate in future field
checks in further activity, or
(iv) Requests a hearing from the State agency pursuant to
Sec. 658.417.
(b) If the employer chooses to respond pursuant to this section by
providing documentary evidence or assurances, he/she must at the same
time request a hearing if such hearing is desired in the event that the
State agency does not accept the documentary evidence or assurances as
adequate.
(c) Where the decision is based on repeated initiation of procedures
for discontinuation of services, the employer shall be notified that
services have been terminated.
(d) If the employer makes a timely request for a hearing, in
accordance with this section, the State agency shall follow procedures
set forth at Sec. 658.417 and notify the complainant whenever the
discontinuation of services is based on a complaint pursuant to
Sec. 658.501(a)(5).
