[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
