(a) Filing requests for conditional access--(1) ``Noncriteria''
employers. Except as provided in paragraph (a)(2) of this section, an
employer whose housing does not meet applicable standards may file with
the local Job Service office serving the area in which its housing is
located, a written request that its job orders be conditionally allowed
into the intrastate or interstate clearance system, provided that the
employer's request assures that its housing will be in full compliance
with the requirements of the applicable housing standards at least 20
calendar days (giving the specific date) before the housing is to be
occupied.
(2) ``Criteria'' employers. If the request for conditional access
described in paragraph (a)(1) of this section is from an employer filing
a job order pursuant to an application for temporary alien agricultural
labor certification for H-2A alien agricultural workers or H-2 alien
workers under subpart B or subpart C, respectively, of part 655 of this
chapter, the request shall be filed with the RA as an attachment to the
application for temporary alien agricultural labor certification.
(3) Assurance. The employer's request pursuant to paragraphs (a)(1)
or (a)(2) of this section shall contain an assurance that the housing
will be in full compliance with the applicable housing standards at
least 20 calendar days (stating the specific date) before the housing is
to be occupied.
(b) Processing requests--(1) State agency processing. Upon receipt
of a written request for conditional access to the intrastate or
interstate clearance system under paragraph (a)(1) of this section, the
local Job Service office shall send the request to the State office,
which, in turn, shall forward it to the Regional Administrator,
Employment and Training Administration, (RA).
(2) Reqional office processing and determination. Upon receipt of a
request for conditional access pursuant to paragraph (a)(2) or paragraph
(b)(1) of this section, the RA shall review the matter
and, as appropriate, shall either grant or deny the request.
(c) Authorization. The authorization for conditional access to the
intrastate or interstate clearance system shall be in writing, and shall
state that although the housing does not comply with the applicable
standards, the employer's job order may be placed into intrastate or
interstate clearance until a specified date. The RA shall send the
authorization to the employer and shall send copies to the appropriate
State agency and local Job Service office. The employer shall submit and
the local Job Service shall attach copies of the authorization to each
of the employer's job orders which is placed into intrastate or
interstate clearance.
(d) Notice of denial. If the RA denies the request for conditional
access to the intrastate or interstate clearance system, the RA shall
provide written notice to the employer, the appropriate State agency,
and the local Job Service office, stating the reasons for the denial.
(e) Inspection. (1) The local Job Service office serving the area
containing the housing of any employer granted conditional access to the
intrastate or interstate clearance system shall assure that the housing
is inspected no later than the date by which the employer has promised
to have its housing in compliance with the requirements of this subpart.
An employer, however, may request an earlier preliminary inspection. If,
on the date set forth in the authorization, the housing is not in full
compliance with the applicable housing standards as assured in the
request for conditional access, the local Job Service office shall
afford the employer five calendar days to bring the housing into full
compliance. After the five-calendar-day period, if the housing is not in
full compliance with the applicable housing standards as assured in the
request for conditional access, the local Job Service office
immediately:
(i) Shall notify the RA;
(ii) Shall remove the employer's job orders from intrastate and
interstate clearance; and
(iii) Shall, if workers have been recruited against these orders, in
cooperation with the employment service agencies in other States, make
every reasonable attempt to locate and notify the appropriate crew
leaders or workers, and to find alternative and comparable employment
for the workers.
[52 FR 20506, June 1, 1987; 64 FR 34957, June 29, 1999]
