20 C.F.R. § 656.41 Certifying Officer review of prevailing wage determinations.
Title 20 - Employees' Benefits
(a) Review of SWA prevailing wage determinations. Any employer desiring review of a SWA PWD must make a request for such review within 30 days of the date from when the PWD was issued by the SWA. The request for review must be sent to the SWA that issued the PWD within 30 days of the date of the PWD; clearly identify the PWD from which review is sought; set forth the particular grounds for the request; and include all the materials pertaining to the PWD submitted to the SWA up to the date of the PWD received from the SWA. (b) Transmission of request to processing center. (1) Upon the receipt of a request for review, the SWA must review the employer's request and accompanying documentation, and add any material that may have been omitted by the employer, including any material sent to the employer by the SWA up to the date of the PWD. (2) The SWA must send a copy of the employer's appeal, including any material added under paragraph (b)(1) of this section, to the appropriate ETA application processing center. (3) The SWA must send a copy of any material added by the SWA under paragraph (b)(1) of this section to the employer. (c) Designations. The director(s) of the ETA application processing center(s) will determine which CO will review the employer's appeal. (d) Review on the record. The CO reviews the SWA PWD solely on the basis upon which the PWD was made and, upon the request for review, may: (1) Affirm the prevailing wage determination issued by the SWA; (2) Modify the prevailing wage determination; or (3) Remand the matter to the SWA for further action. (e) Request for review by BALCA. Any employer desiring review of a CO prevailing wage determination must make a request for review of the determination by the Board of Alien Labor Certification Appeals within 30 days of the date of the decision of the CO. (1) The request for review, statements, briefs, and other submissions of the parties and amicus curiae must contain only legal arguments and only such evidence that was within the record upon which the affirmation of the PWD by the SWA was based. (2) The request for review must be in writing and addressed to the CO who made the determination. Upon receipt of a request for a review, the CO must immediately assemble an indexed appeal file in reverse chronological order, with the index on top followed by the most recent document. (3) The CO must send the Appeal File to the Office of Administrative Law Judges, Board of Alien Labor Certification Appeals, 800 K Street, Suite 400–N, Washington, DC 20001–8002. (4) The BALCA handles the appeals in accordance with §656.26 and §656.27 of this part.
Title 20: Employees' Benefits
PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES
Subpart D—Determination of Prevailing Wage
§ 656.41 Certifying Officer review of prevailing wage determinations.
