(a) Panel designations. In considering requests for review before
it, the Board of Alien Labor Certification Appeals may sit in panels of
three members. The Chief Administrative Law Judge may designate any
Board of Alien Labor Certification Appeals member to submit proposed
findings and recommendations to the Board of Alien Labor Certification
Appeals or to any duly designated panel thereof to consider a particular
case.
(b) Briefs and Statements of Position. In considering the requests
for review before it, the Board of Alien Labor Certification Appeals
must afford all parties 30 days to submit or decline to submit any
appropriate Statement of Position or legal brief. The Certifying Officer
is to be represented solely by the Solicitor of Labor or the Solicitor's
designated representative.
(c) Review on the record. The Board of Alien Labor Certification
Appeals must review a denial of labor certification under Sec. 656.24,
a revocation of a certification under Sec. 656.32, or an affirmation of
a prevailing wage determination under Sec. 656.41 on the basis of the
record upon which the decision was made, the request for review, and any
Statements of Position or legal briefs submitted and must:
(1) Affirm the denial of the labor certification, the revocation of
certification, or the affirmation of the PWD; or
(2) Direct the Certifying Officer to grant the certification,
overrule the revocation of certification, or overrule the affirmation of
the PWD; or
(3) Direct that a hearing on the case be held under paragraph (e) of
this section.
(d) Notifications of decisions. The Board of Alien Labor
Certification Appeals must notify the employer, the Certifying Officer,
and the Solicitor of Labor of its decision, and must return the record
to the Certifying Officer unless the case has been set for hearing under
paragraph (e) of this section.
(e) Hearings. (1) Notification of hearing. If the case has been set
for a hearing, the Board of Alien Labor Certification Appeals must
notify the employer, the alien, the Certifying Officer, and the
Solicitor of Labor of the date, time, and place of the hearing, and that
the hearing may be rescheduled upon written request and for good cause
shown.
(2) Hearing procedure. (i) The ``Rules of Practice and Procedure For
Administrative Hearings Before the Office of Administrative Law
Judges,'' at 29 CFR part 18, apply to hearings under this paragraph (e).
(ii) For the purposes of this paragraph (e)(2), references in 29 CFR
part 18 to: ``administrative law judge'' mean the Board of Alien Labor
Certification Appeals member or the Board of Alien Labor Certification
Appeals panel duly designated under Sec. 656.27(a); ``Office of
Administrative Law Judges'' means the Board of Alien Labor Certification
Appeals; and ``Chief Administrative
[[Page 704]]
Law Judge'' means the Chief Administrative Law Judge in that official's
function of chairing the Board of Alien Labor Certification Appeals.
