(a) Upon receipt of a complaint under this part, the Assistant
Secretary shall notify the person named in the complaint, and the
appropriate office of the Federal agency charged with the
administration of the affected program of its filing.
(b) The Assistant Secretary shall, on a priority basis, investigate
and gather data concerning such case, and as part of the investigation
may enter and inspect such places and records (and make copies
thereof), may question persons being proceeded against and other
employees of the charged employer, and may require the production of
any documentary or other evidence deemed necessary to determine whether
a violation of the law involved has been committed.
(c) Investigations under this part shall be conducted in a manner
which protects the confidentiality of any person other than the
complainant who provides information on a confidential basis, in
accordance with part 70 of this title.
(d)(1) Within 30 days of receipt of a complaint, the Assistant
Secretary shall complete the investigation, determine whether the
alleged violation has occurred, and give notice of the determination.
The notice of determination shall contain a statement of reasons for
the findings and conclusions therein and, if the Assistant Secretary
determines that the alleged violation has occurred, shall include an
appropriate order to abate the violation. Notice of the determination
shall be given by certified mail to the complainant, the respondent,
and their representatives (if any). At the same time, the Assistant
Secretary shall file with the Chief Administrative Law Judge, U.S.
Department of Labor, the original complaint and a copy of the notice of
determination.
(2) The notice of determination shall include or be accompanied by
notice to the complainant and the respondent that any party who desires
review of the determination or any part thereof, including judicial
review, shall file a request for a hearing with the Chief
Administrative Law Judge within five business days of receipt of the
determination. The complainant or respondent in turn may request a
hearing within five business days of the date of a timely request for a
hearing by the other party. If a request for a hearing is timely filed,
the notice of determination of the Assistant Secretary shall be
inoperative, and shall become operative only if the case is later
dismissed. If a request for a hearing is not timely filed, the notice
of determination shall become the final order of the Secretary.
(3) A request for a hearing shall be filed with the Chief
Administrative Law Judge by facsimile (fax), telegram, hand delivery,
or next-day delivery service. A copy of the request for a hearing shall
be sent by the party requesting a hearing to the complainant or the
respondent (employer), as appropriate, on the same day that the hearing
is requested, by facsimile (fax), telegram, hand delivery, or next-day
delivery service. A copy of the request for a hearing shall also be
sent to the Assistant Secretary for Occupational Safety and Health and
to the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor, Washington, D.C. 20210.
