[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR528.4]

[Page 148]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 528_ANNULMENT OR WITHDRAWAL OF CERTIFICATES FOR THE EMPLOYMENT OF 
 
Sec. 528.4  According opportunity to demonstrate or achieve compliance.

    Prior to instituting proceedings for withdrawal of a certificate 
under paragraph (a) of Sec. 528.3, except in cases of willfullness, an 
area director shall mail a letter to the employer setting forth alleged 
facts or conduct which may warrant withdrawal of the certificate, and 
fixing a time and a place for a conference at which the employer shall 
be accorded an opportunity to show that no cause for withdrawal under 
Sec. 528.3(a) exists or that compliance has been achieved by paying 
wages improperly withheld and by taking steps adequate to insure that 
new cause for annulment or withdrawal will not occur. By written report 
to the appropriate authorized representative, a copy of which shall be 
mailed to the employer, the area director shall concisely summarize the 
conference and shall include conclusions as to whether the employer 
demonstrated or achieved compliance. If the authorized representative is 
satisfied that the employer either demonstrated or achieved such 
compliance, no proceedings shall be instituted under Sec. 528.3(a) for 
the withdrawal of the certificate.

(Secretary's Order No. 16-75, dated Nov. 25, 1975 (40 FR 55913), 
Employment Standards Order 76-2, dated Feb. 23, 1976 (41 FR 9016))

[43 FR 28469, June 30, 1978]