[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: 20CFR655.212]

[Page 507]
 
                      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 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 
Sec. Sec.  655.204(d), 655.205(d), 655.206(c), or 655.211, the Chief 
Administrative Law Judge shall immediately assign an Administrative Law 
Judge to review the record for legal sufficiency, and 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 Administrative Law Judge shall not have authority to remand the case 
and shall not receive additional evidence. Any countervailing evidence 
advanced after decision by the OFLC Administrator shall be subject to 
provisions of 8 CFR 214.2(h)(3)(i).
    (b) The Administrative Law Judge, 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 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 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, as amended at 71 FR 35520, 35521, June 21, 
2006]