[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
