[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR655.112]

[Page 495-496]
 
                      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 
 
    Subpart B_Labor Certification Process for Temporary Agricultural 
 
Sec.  655.112  Administrative review and de novo hearing before an 

administrative law judge.

    (a) Administrative review--(1) Consideration. Whenever an employer 
has requested an administrative review before an administrative law 
judge of a decision not to accept for consideration a temporary alien 
agricultural labor certification application, of the denial of a 
temporary alien agricultural labor certification, or of a penalty under 
Sec.  655.110 of this part, the OFLC Administrator shall send a 
certified copy of the ETA case file to the Chief Administrative Law 
Judge by means normally assuring next-day delivery. The Chief 
Administrative Law Judge shall immediately assign an administrative law 
judge (which may be a panel of such persons designated by the Chief 
Administrative Law Judge from the Board of Alien Labor Certification 
Appeals established by part 656 of this chapter, but which shall hear 
and decide the appeal as set forth in this section) to review the record 
for legal sufficiency. The administrative law judge shall not remand the 
case and shall not receive additional evidence.
    (2) Decision. Within five working days after receipt of the case 
file the administrative law judge shall, on the basis of the written 
record and after due consideration of any written submissions submitted 
from the parties involved or amici curiae, either affirm, reverse, or 
modify the OFLC Administrator's denial by written decision. The decision 
of the administrative law judge shall specify the reasons for the action 
taken and shall be immediately provided to the employer, OFLC 
Administrator, and DHS by means normally assuring next-day delivery. The 
administrative law judge's decision shall be the final decision of the 
Secretary and no

[[Page 496]]

further review shall be given to the temporary alien agricultural labor 
certification application or the temporary alien agricultural labor 
certification determination by any DOL official.
    (b) De novo hearing--(1) Request for hearing; conduct of hearing. 
Whenever an employer has requested a de novo hearing before an 
administrative law judge of a decision not to accept for consideration a 
temporary alien agricultural labor certification application, of the 
denial of a temporary alien agricultural labor certification, or of a 
penalty under Sec.  655.110 of this part, the OFLC Administrator shall 
send a certified copy of the case file to the Chief Administrative Law 
Judge by means normally assuring next-day delivery. The Chief 
Administrative Law Judge shall immediately assign an administrative law 
judge (which may be a panel of such persons designated by the Chief 
Administrative Law Judge from the Board of Alien Labor Certification 
Appeals established by part 656 of this chapter, but which shall hear 
and decide the appeal as set forth in this section) to conduct the de 
novo hearing. The procedures contained in 29 CFR part 18 shall apply to 
such hearings, except that:
    (i) The appeal shall not be considered to be a complaint to which an 
answer is required,
    (ii) The administrative law judge shall ensure that, at the request 
of the employer, the hearing is scheduled to take place within five 
working days after the administrative law judge's receipt of the case 
file, and
    (iii) The administrative law judge's decision shall be rendered 
within ten working days after the hearing.
    (2) Decision. After a de novo hearing, the administrative law judge 
shall either affirm, reverse, or modify the OFLC Administrator's 
determination, and the administrative law judge's decision shall be 
provided immediately to the employer, OFLC Administrator, and DHS by 
means normally assuring next-day delivery. The administrative law 
judge's decision shall be the final decision of the Secretary, and no 
further review shall be given to the temporary alien agricultural labor 
certification application or the temporary alien agricultural labor 
certification determination by any DOL official.

[52 FR 20507, June 1, 1987, as amended at 59 FR 41876, Aug. 15, 1994; 71 
FR 35519, June 21, 2006]