(a) Within 90 calendar days after receipt of the transcript of the
hearing, the administrative law judge shall issue a decision.
(b) The decision of the administrative law judge shall include a
statement of findings and conclusions, with reasons and basis therefore,
upon each material issue presented on the record. The decision shall
also include an appropriate order which may affirm, deny, reverse, or
modify, in whole or in part, the determination of the Administrator; the
reason or reasons for such order shall be stated in the decision.
(c) The administrative law judge, in accordance with Sec. 655.940
(d) and (e) of this part, shall impose upon the employer the burden of
proving the validity of and compliance with the attestation.
(d) If the administrative law judge finds that the employer has
failed to pay the required wage rate or has provided an attestation
which is materially false, the judge shall order that the employer be
disqualified from employing F-1 students.
(e) In the event that the Administrator's determination(s) of wage
violation(s) is based upon a wage determination obtained by the
Administrator from ETA during the investigation (paragraph (b)(6) of
appendix A of subpart J of this part), the administrative law judge
shall not determine the prevailing wage rate de novo, but shall, based
on the evidence (including the ETA administrative record), either accept
the wage determination or vacate the wage determination. If the wage
determination is vacated, the administrative law judge shall remand the
case to the Administrator, who may then refer the matter to ETA and,
upon the issuance of a new wage determination by ETA, resubmit the case
to the administrative law judge. Under no circumstances shall source
data obtained in confidence by ETA, or the names of establishments
contacted by ETA, be submitted into evidence or otherwise disclosed.
(f) The administrative law judge shall not render determinations as
to the legality of a regulatory provision or the constitutionality of a
statutory provision.
(g) The decision shall be served on all parties in person or by
certified or regular mail.
