[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Rules and Regulations]
[Pages 17221-17222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8335]



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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 580


Civil Money Penalties--Procedures for Assessing and Contesting 
Penalties

agency: Wage and Hour Division, Employment Standards Administration, 
Labor.

action: Final rule.

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summary: The purpose of this document is to change the address listed 
in Sec. 580.6 of Regulations 29 CFR part 580, which is used for 
administrative hearing requests. This revision is being made in order 
to streamline the process by which hearing requests are acknowledged by 
consolidating all aspects of processing hearing requests into the 
operations of the office which issued the administrative determination 
upon which the request for a hearing is based.

effective date: This rule is effective April 5, 1995.

for further information contact: J. Dean Speer, Director, Division of 
Policy and Analysis, Wage and Hour Division, Employment Standards 
Administration, U.S. Department of Labor, Room S-3506, 200 Constitution 
Avenue NW., Washington, DC 20210. Telephone (202) 219-8412. This is not 
a toll free number.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

    This rule imposes no reporting or recordkeeping requirements on the 
public. [[Page 17222]] 

II. Background

    Section 580.6 of the regulations requires that any person desiring 
to request an administrative hearing on a notice of determination 
issued by the Department of Labor (assessing civil money penalties for 
violations under section 12 of the FLSA relating to child labor, or 
repeated and willful violations of sections 6 and 7 relating to the 
minimum wage and overtime requirements of the FLSA) must do so in 
writing within 15 days after the date of receipt of the notice. 
Additionally, section 580.6 specifies that the written hearing request 
shall be made to the Administrator of the Wage and Hour Division, 
Employment Standards Administration, U.S. Department of Labor.
    This revision is being made in order to streamline the process by 
which hearing requests are acknowledged by consolidating all aspects of 
processing hearing requests into the operations of the office which 
issued the administrative determination upon which the request for a 
hearing is based. Accordingly, all such hearing requests are not to be 
made to the Wage and Hour official that issued the determination in 
care of the address of the office that originated the determination.

III. Summary of Rule

    Section 580.6 of regulations, 29 CFR part 580, is amended to 
provide for a new address for purposes of requesting administrative 
hearings. Hearing requests are now directed to the Administrator of the 
Wage and Hour Division, Employment Standards Administration, U.S. 
Department of Labor. Under the amended regulation, these requests will 
be directed to the Wage and Hour Division official who issued the 
determination, at the address appearing on the determination notice.

Executive Order 12866

    This rule is not a ``significant regulatory action'' within the 
meaning of Executive Order 12866. The rule merely adopts a technical 
address change, which will facilitate the timeliness and handling of 
the hearing process. Accordingly, these changes are not expected to 
result in a rule that may: (1) Have an annual effect on the economy of 
$100 million or more or adversely affect in a material way the economy, 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
Executive Order 12866. Therefore, no regulatory impact analysis has 
been prepared.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for the rule 
under 5 U.S.C. 553(b), the requirements of the Regulatory Flexibility 
Act, Public Law 96-354, 94 Stat. 1165, 5 U.S.C. 601 et seq. pertaining 
to regulatory flexibility analysis, do not apply to this rule. See 5 
U.S.C. 601(2). The rule simplifies the handling of hearing requests and 
will not have a significant economic impact on a substantial number of 
small entities.

Administrative Procedure Act

    This regulation is procedural in nature. Accordingly, the 
Secretary, for good cause, finds pursuant to 5 U.S.C. 553(b)(3), that 
prior notice and public comment are unnecessary, impracticable, and 
contrary to the public interest.
    The Secretary also for good cause finds, pursuant to 5 U.S.C. 
553(d)(3), that this rule should take effect immediately because it is 
merely a technical procedural change which does not affect any 
substantive rights.

    Document Preparation: This document was prepared under the 
direction and control of Maria Echaveste, Administrator, Wage and 
Hour Division, Employment Standards Administration, U.S. Department 
of Labor.

List of Subjects in 29 CFR Part 580

    Administrative practice and procedure, Child labor, Employment, 
Labor, Law enforcement, Penalties.

    For the reasons set forth above, 29 CFR part 580 is amended as set 
forth below.

    Signed at Washington, DC, on this 30th day of March, 1995.
Maria Echaveste,
Administrator, Wage and Hour Division.

PART 580--CIVIL MONEY PENALTIES--PROCEDURES FOR ASSESSING AND 
CONTESTING PENALTIES

    1. The authority citation for part 580 continues to read as 
follows:

    Authority: 29 U.S.C. 9a, 203, 211, 212, 216; Reorg. Plan No. 6 
of 1950, 64 Stat. 1263, 5 U.S.C. App.; secs. 25, 29, 88 Stat. 72, 
76; Secretary of Labor's Order No. 13-71, 36 FR 8755; 5 U.S.C. 500, 
503, 551, 559; sec. 9, Pub. L. 101-157, 103 Stat. 938; sec. 3103, 
Pub. L. 101-508.

    2. Paragraph (a) of Sec. 580.6 is revised to read as follows:


Sec. 580.6  Exception to determination of penalty and request for 
hearing.

    (a) Any person desiring to take exception to the determination of 
penalty 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 of this 
part. No additional time shall be added where service of the 
determination of penalties or of the exception thereto is made by mail.
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[FR Doc. 95-8335 Filed 4-4-95; 8:45 am]
BILLING CODE 4510-27-M