[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Rules and Regulations]
[Pages 46530-46531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22140]



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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 801


Application of the Employee Polygraph Protection Act of 1988

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 which is 
used to request an administrative hearing on a civil money penalty 
assessment. 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 September 7, 1995.

FOR FURTHER INFORMATION CONTACT:
Arthur M. Kerschner Branch of Child Labor and Polygraph Standards, Wage 
and Hour Division, Employment 

[[Page 46531]]
Standards Administration, U.S. Department of Labor, Room S-3510, 200 
Constitution Avenue NW., Washington, DC 20210. Telephone (202) 219-
7640. This is not a toll free number.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

    This rule imposes no reporting or recordkeeping requirements on the 
public.

II. Background

    Employers who violate any of the provisions of the Employee 
Polygraph Protection Act (EPPA) may be assessed civil money penalties 
up to $10,000. Under Sec. 801.53, any person desiring to request an 
administrative hearing on a civil money penalty assessment must do so 
in writing within 30 days after the date of receipt of the notice. 
Additionally, Sec. 801.53 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 now 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 801.53 of Regulations, 29 CFR part 801, 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 12868/Section 202 of the Unfunded Mandates Reform 
Act of 1995

    This rule is not a ``significant regulatory action'' within the 
meaning of Executive Order 12866, nor does it require a section 202 
statement under the Unfunded Mandates Reform Act of 1995. 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, Pub. L. 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 801

    Employment, Investigations, Labor, Law enforcement, Penalties.

    For the reasons set forth above, 29 CFR part 801 is amended as set 
forth below.

    Signed at Washington, DC, on this 31st day of August 1995.
Maria Echaveste,
Administrator, Wage and Hour Division.

PART 801--[AMENDED]

    1. The authority citation for part 801 continues to read as 
follows:

    Authority: Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009.

    2. Paragraph (a) of Sec. 801.53 is revised to read as follows:


Sec. 801.53  Request for hearing.

    (a) Any person desiring to request an administrative hearing on a 
civil money penalty assessment pursuant to this part shall make such 
request in writing to the official who issued the determination at the 
Wage and Hour Division address appearing on the determination notice, 
no later than 30 days after the date of receipt of the notice referred 
to in Sec. 801.51 of this part.
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[FR Doc. 95-22140 Filed 9-6-95; 8:45 am]
BILLING CODE 4510-27-M