[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR655.212]

[Page 501-502]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 655--TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES--Table of Contents
 
Subpart C--Labor Certification Process for Logging Employment and Non-H-
                       2A Agricultural Employment
 
Sec. 655.212  Administrative-judicial reviews.

    (a) Whenever an employer has requested an administrative-judicial 
review of a denial of an application or a petition in accordance with 
Secs. 655.204(d), 655.205(d), 655.206(c), or 655.211, the Chief 
Administrative Law Judge shall immediately assign a Hearing Officer to 
review the record for legal sufficiency, and the Regional Administrator 
shall send a certified copy of the case file to the Chief Administrative 
Law Judge by means normally assuring next day delivery. The Hearing 
Officer shall not have authority to remand the case and shall not 
receive additional evidence. Any countervailing evidence advanced after 
decision by the Regional Administrator shall be subject to provisions of 
8 CFR 214.2(h)(3)(i).
    (b) The Hearing Officer, within five working days after receipt of 
the case file shall, on the basis of the written record and due 
consideration of any written memorandums of law submitted, either 
affirm, reverse or modify the RA's denial by written decision. The 
decision of the Hearing Officer

[[Page 502]]

shall specify the reasons for the action taken and shall be immediately 
provided to the employer, RA, Administrator, and INS by means normally 
assuring next-day delivery. The Hearing Officer's decision shall be the 
final decision of the Department of Labor and no further review shall be 
given to the temporary labor certification determination by any 
Department of Labor official.

[59 FR 41876, Aug. 15, 1994]