[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR656.27]

[Page 703]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES--Table of Contents
 
                 Subpart C--Labor Certification Process
 
Sec. 656.27  Consideration by and decisions of the Board of Alien Labor Certification Appeals.

    (a) 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 requests for 
review before it, the Board of Alien Labor Certification Appeals shall 
afford all parties 21 days to submit or decline to submit any 
appropriate Statement of Position or legal brief. The Department of 
Labor shall be represented solely by the Solicitor of Labor or the 
Solicitor's designated representative. In the cases involving college or 
university teachers and aliens represented to be of exceptional ability 
in the performing arts, if the employer has designated a person or 
organization to submit an amicus curiae brief, the Board of Alien Labor 
Certification Appeals shall afford amicus curiae 21 days to submit a 
brief. Briefs, statements, and amicus curiae briefs submitted pursuant 
to this paragraph (b) shall be deemed timely if either mailed or 
delivered to the Board of Alien Labor Certification Appeals on or before 
the end of the 21-day period set forth in this paragraph, and shall be 
consistent with the requirements of Sec. 656.26(b)(4) of this part.
    (c) Review on the record. The Board of Alien Labor Certification 
Appeals shall review the denial of labor certification on the basis of 
the record upon which the denial of labor certification was made, the 
request for review, and any Statements of Position or legal briefs 
submitted and shall:
    (1) Affirm the denial of the labor certification; or
    (2) Direct the Certifying Officer to grant the certification; or
    (3) Remand the matter to the Certifying Officer for further 
consideration or factfinding and determination; or
    (4) Direct that a hearing on the case be held pursuant to paragraph 
(f) of this section.
    (d) Notifications of decisions. The Board of Alien Labor 
Certification Appeals shall notify the employer, the alien, the 
Certifying Officer, and the Solicitor of Labor of the decision pursuant 
to paragraph (c) of this section, and shall return the record to the 
Certifying Officer unless the case has been set for hearing pursuant to 
paragraph (f) of this section.
    (e) Remanded cases. If the case is remanded, the Certifying Officer 
shall do the additional factfinding or consideration in accordance with 
Secs. 656.24 and 656.25 of this part, but such factfinding and 
consideration shall be limited to the issues for which the case has been 
remanded.
    (f) Hearings. (1) Notification of hearing. If the case has been set 
for a hearing, the Board of Alien Labor Certification Appeals shall 
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'', set forth at 29 CFR part 18, shall apply to hearings pursuant 
to this paragraph (f).
    (ii) For the purposes of this paragraph (f)(2), references in 29 CFR 
part 18 to: ``administrative law judge'' shall mean the Board of Alien 
Labor Certification Appeals member or the Board of Alien Labor 
Certification Appeals panel duly designated pursuant to Sec. 656.27(a) 
of this part; ``Office of Administrative Law Judges'' shall mean the 
Board of Alien Labor Certification Appeals; and ``Chief Administrative 
Law Judge'' shall mean the Chief Administrative Law Judge in that 
official's function of chairing the Board of Alien Labor Certification 
Appeals.

[52 FR 11218, Apr. 8, 1987]

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