# 20 C.F.R. § 655.645 (2026): Administrative law judge proceedings > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_645 ## Section - **Citation:** 20 C.F.R. § 655.645 (2026) - **Heading:** Administrative law judge proceedings - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 20 CFR: Employees' Benefits / Chapter V: EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR / Part 655: TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES / Subpart G: Enforcement of the Limitations Imposed on Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports / § 655.645: § 655.645 Administrative law judge proceedings. ## Text (a) Upon receipt of a timely request for a hearing filed pursuant to and in accordance with § 655.630 of this part, the Chief Administrative Law Judge shall promptly appoint an administrative law judge to hear the case. (b) Within seven calendar days following the assignment of the case, the administrative law judge shall notify all interested parties of the date, time and place of the hearing. All parties shall be given at least fourteen calendar days' notice of such hearing. (c) The date of the hearing shall be not more than 60 calendar days from the date of the Administrator's determination. Because of the time constraints imposed by the Act, no requests for postponement shall be granted except for compelling reasons. Even if such reasons are shown, no extension of the hearing date beyond 60 days from the date of the Administrator's determination shall be granted except by consent of all the parties to the proceeding. (d) The administrative law judge may prescribe a schedule by which the parties are permitted to file a prehearing brief or other written statement of fact or law. Any such brief or statement shall be served upon each other party in accordance with § 655.640 of this part. Posthearing briefs will not be permitted except at the request of the administrative law judge. When permitted, any such brief shall be limited to the issue or issues specified by the administrative law judge, shall be due within the time prescribed by the administrative law judge, and shall be served on each other party in accordance with § 655.640 of this part. (e) In reaching a decision, the administrative law judge shall, in accordance with the Act, impose the following burden of proof— (1) The attesting employer shall have the burden of producing facts and evidence to establish the matters required by the attestation at issue; (2) The burden of proof as to the applicability of the automated vessel exception shall be on the party to the hearing who is asserting that the employer is not eligible for the exception. , in accordance with the Act, impose the following burden of proof— (1) The attesting employer shall have the burden of producing facts and evidence to establish the matters required by the attestation at issue; (2) The burden of proof as to the applicability of the automated vessel exception shall be on the party to the hearing who is asserting that the employer is not eligible for the exception. (f) The administrative law judge proceeding shall not be an appeal or review of the Administrator's ruling on a request for a cease and desist order pursuant to § 655.615. ## Nearby sections - [20 C.F.R. § 655.600 (2026) § 655.600 Enforcement authority of Administrator, Wage and Hour Division.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_600.md) - [20 C.F.R. § 655.605 (2026) § 655.605 Complaints and investigative procedures.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_605.md) - [20 C.F.R. § 655.610 (2026) § 655.610 Automated vessel exception to prohibition on utilization of alien crewmember(s) to perform longshore activity(ies) at a U.S. port.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_610.md) - [20 C.F.R. § 655.615 (2026) § 655.615 Cease and desist order.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_615.md) - [20 C.F.R. § 655.620 (2026) § 655.620 Civil money penalties and other remedies.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_620.md) - [20 C.F.R. § 655.625 (2026) § 655.625 Written notice, service and Federal Register publication of Administrator's determination.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_625.md) - [20 C.F.R. § 655.630 (2026) § 655.630 Request for hearing.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_630.md) - [20 C.F.R. § 655.635 (2026) § 655.635 Rules of practice for administrative law judge proceedings.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_635.md) - [20 C.F.R. § 655.640 (2026) § 655.640 Service and computation of time.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_640.md) - [20 C.F.R. § 655.645 (2026) § 655.645 Administrative law judge proceedings.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_645.md) - [20 C.F.R. § 655.650 (2026) § 655.650 Decision and order of administrative law judge.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_650.md) - [20 C.F.R. § 655.655 (2026) § 655.655 Secretary's review of administrative law judge's decision.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_655.md) - [20 C.F.R. § 655.660 (2026) § 655.660 Administrative record.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_660.md) - [20 C.F.R. § 655.665 (2026) § 655.665 Notice to the Department of Homeland Security and the Employment and Training Administration.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_665.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_645. 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