658.504—Reinstatement of services.
(1)
The State is ordered to do so by a Federal Administrative Law Judge or Regional Administrator, or
(2)
(i)
The employer provides adequate evidence that any policies, procedures or conditions responsible for the previous discontinuation of services have been corrected and that the same or similar difficulties are not likely to occur in the future, and
(ii)
The employer provides adequate evidence that the employer has responded adequately to any findings of an enforcement agency, State JS agency, or USES, including restitution to the complainant and the payment of any fines, which were the basis of the discontinuation of services.
(b)
The State agency shall notify, within 20 working days, the employer requesting reinstatement whether his request has been granted. If the State denies the request for reinstatement, the basis for the denial shall be specified and the employer shall be notified that he/she may request a hearing within 20 working days.
(c)
If the employer makes a timely request for a hearing, the State agency shall follow the procedures set forth at § 658.417.
(d)
The State agency shall reinstate services to an employer if ordered to do so by a State hearing officer, Regional Administrator, or Federal Administrative Law Judge as a result of a hearing offered pursuant to paragraph (c) of this section.