(a) Services may be reinstated to an employer after discontinuation
under Sec. 658.503, if:
(1) The State is ordered to do so by a Federal Administrative Law
Judge or Regional Administrator, or
(2) (i) The employer provides adequate evidence that any policies,
procedures or conditions responsible for the previous discontinuation of
services have been corrected and that the same or similar difficulties
are not likely to occur in the future, and
(ii) The employer provides adequate evidence that the employer has
responded adequately to any findings of an enforcement agency, State JS
agency, or USES, including restitution to the complainant and the
payment of any fines, which were the basis of the discontinuation of
services.
(b) The State agency shall notify, within 20 working days, the
employer requesting reinstatement whether his request has been granted.
If the State denies the request for reinstatement, the basis for the
denial shall be specified and the employer shall be notified that he/she
may request a hearing within 20 working days.
(c) If the employer makes a timely request for a hearing, the State
agency shall follow the procedures set forth at Sec. 658.417.
(d) The State agency shall reinstate services to an employer if
ordered to do so by a State hearing officer, Regional Administrator, or
Federal Administrative Law Judge as a result of a hearing offered
pursuant to paragraph (c) of this section.
