655.415—Written notice and service of Administrator's determination.
(a)
The Administrator's determination, issued pursuant to § 655.405(d), shall be served on the complainant, the facility, and other interested parties by personal service or by certified mail at the parties' last known addresses. Where service by certified mail is not accepted by the party, the Administrator may exercise discretion to serve the determination by regular mail. Where the complainant has requested confidentiality, the Administrator shall serve the determination in a manner which will not breach that confidentiality.
(b)
The Administrator shall file with the Chief Administrative Law Judge, U.S. Department of Labor, a copy of the complaint and the Administrator's determination.
(1)
Set forth the determination of the Administrator and the reason or reasons therefor; prescribe any remedies or penalties including the amount of any unpaid wages due, the actions required for compliance with the facility attestation and/or State plan, and the amount of any civil money penalty assessment and the reason or reasons therefor.
(3)
Inform the interested parties that in the absence of a timely request for a hearing, received by the Chief Administrative Law Judge within 10 days of the date of the determination, the determination of the Administrator shall become final and not appealable.
(4)
Set forth the procedure for requesting a hearing, and give the address of the Chief Administrative Law Judge.
(5)
Inform the parties that, pursuant to § 655.455, the Administrator shall notify the Attorney General and ETA of the occurrence of a violation by the employer.