C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES

29 C.F.R. § 580.10

Referral to Administrative Law Judge

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(a) Upon receipt of a timely exception to a determination of penalties and request for a hearing filed pursuant to and in accordance with § 580.6 of this subpart, the Administrator, by the Associate Solicitor for the Division of Fair Labor Standards or by the Regional Solicitor for the Region in which the action arose, shall, by Order of Reference, refer the matter to the Chief Administrative Law Judge, for a determination in an administrative proceeding as provided herein. A copy of the notice of administrative determination and of the request for hearing shall be attached to the Order of Reference and shall, respectively, be given the effect of a complaint and answer thereto for purposes of the administrative proceeding, subject to any amendment that may be permitted under this subpart and 29 CFR part 18.

(b) A copy of the Order of Reference and attachments thereto, together with a copy of this part, shall be served by counsel for the Administrator upon the person requesting the hearing, in the manner provided in § 580.8 of this subpart.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1998–2022 · leading case: Baystate Alt. Staffing, Inc. v. Herman, 163 F.3d 668 (1st Cir. 1998).
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Baystate Alt. Staffing, Inc. v. Herman, 163 F.3d 668 (1st Cir. 1998). “7 Pursuant to 29 C.F.R. § 580.10 , the matter was referred for a hearing before an administrative law judge (“ALJ”).”
United States Dep't of Labor v. Los Cocos Mexican Restaurant, Inc. (D. Kan. 2022). “See 29 C.F.R. §§ 580.10 – 580.12. The decision of the ALJ “shall constitute the final order of the Secretary unless, pursuant to § 580.”
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