(a) An Attestation form which is complete and has no obvious
inaccuracies will be accepted for filing by ETA without substantive
review, except that ETA will conduct a substantive review on particular
attestation elements in the following limited circumstances:
(1) Determination of whether the hospital submitting the
Attestation is a qualifying ``facility'' (see Sec. 655.1110(c)(ii),
regarding the documentation required, and the process for review);
(2) Where the facility attests that it is taking or will take a
``timely and significant step'' other than those identified on the Form
ETA 9081 (see Sec. 655.1114(b)(2)(v), regarding the documentation
required, and the process for review);
(3) Where the facility asserts that taking a second ``timely and
significant step'' is unreasonable (see Sec. 655.1114(c), regarding the
documentation required, and the process for review).
(b) The certifying officer will act on the Attestation in a timely
manner. If the officer does not contact the facility for information or
make any determination within 30 days of receiving the Attestation, the
Attestation shall be accepted for filing. If ETA receives information
contesting the truth of the statements attested to or compliance with
an Attestation prior to the determination to accept or reject the
Attestation for filing, such information shall not be made part of
ETA's administrative record on the Attestation but shall be referred to
the Administrator to be processed as a complaint pursuant to subpart M
of this part if such Attestation is accepted by ETA for filing.
(c) Upon the facility's submitting the Attestation to ETA and
providing the notice required by Sec. 655.1116, the Attestation shall
be available for public examination at the facility. When ETA accepts
the Attestation for filing, the Attestation will be made available for
public examination in the Office of Workforce Security, Employment
Training Administration, U.S. Department of Labor, Room C-4318, 200
Constitution Avenue, NW., Washington, DC 20210.
(d) Standards for acceptance of Attestation. ETA will accept the
Attestation for filing under the following standards:
(1) The Attestation is complete and contains no obvious
inaccuracies.
(2) The facility's explanation and documentation are sufficient to
satisfy the requirements for the Attestation elements on which
substantive review is conducted (as described in paragraph (a) of this
section).
(3) The facility has no outstanding ``insufficient funds'' check(s)
in connection with filing fee(s) for prior Attestation(s).
(4) The facility has no outstanding civil money penalties and/or
has not failed to satisfy a remedy assessed by the Wage and Hour
Administrator, under subpart M of this part, where that penalty or
remedy assessment has become the final agency action.
(5) The facility has not been disqualified from approval of any
petitions filed by, or on behalf of, the facility under section 204 or
section 212(m) of the INA.
(e) DOL not the guarantor. DOL is not the guarantor of the
accuracy, truthfulness or adequacy of an Attestation accepted for
filing.
(f) Attestation Effective and Expiration Dates. An Attestation
becomes filed and effective as of the date it is accepted and signed by
the ETA certifying officer. Such Attestation is valid until the date
that is the later of the end of the 12-month period beginning on the
date of acceptance for filing with the Secretary, or the end of the
period of admission (under INA section 101(a)(15)(H)(i)(c)) of the last
alien with respect to whose admission the Attestation was applied,
unless the Attestation is suspended or invalidated earlier than such
date pursuant to Sec. 655.1132.
