[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR580.6]

[Page 310-311]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 580_CIVIL MONEY PENALTIES_PROCEDURES FOR ASSESSING AND CONTESTING 
PENALTIES--Table of Contents
 
Sec. 580.6  Exception to determination of penalty and request for hearing.

    (a) Any person desiring to take exception to the determination of 
penalty, or to seek judicial review, shall request an administrative 
hearing pursuant to this part. The exception shall be in writing to the 
official who issued the determination at the Wage and Hour Division 
address appearing on the determination notice, and must be received no 
later than 15 days after the date of receipt of the notice referred to 
in Sec. 580.3. No additional time shall be added where service of the 
determination of penalties or of the exception thereto is made by mail. 
If such a request for an administrative hearing is timely filed, the 
Administrator's determination shall be inoperative unless and until the 
case is dismissed or the Administrative Law Judge issues a decision 
affirming the determination.

[[Page 311]]

    (b) No particular form is prescribed for any exception to 
determination of penalty and request for hearing permitted by this part. 
However, any such request shall:
    (1) Be dated;
    (2) Be typewritten or legibly written;
    (3) Specify the issue(s) stated in the notice of determination 
giving rise to such request;
    (4) State the specific reason(s) why the person requesting the 
hearing believes such determination is in error;
    (5) Be signed by the person making the request or by an authorized 
representative of such person; and
    (6) Include the address at which such person or authorized 
representative desires to receive further communications relating 
thereto.

[56 FR 24991, May 31, 1991, as amended at 60 FR 17222, Apr. 5, 1995; 69 
FR 75405, Dec. 16, 2004]

                            Rules of Practice