# 20 C.F.R. § 655.820 (2026): How is a hearing requested? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_820 ## Section - **Citation:** 20 C.F.R. § 655.820 (2026) - **Heading:** How is a hearing requested? - **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 I: Enforcement of H-1B Labor Condition Applications and H-1B1 and E-3 Labor Attestations / § 655.820: § 655.820 How is a hearing requested? ## Text (a) Any interested party desiring review of a determination issued under §§ 655.805 and 655.815, including judicial review, shall make a request for such an administrative hearing in writing to the Chief Administrative Law Judge at the address stated in the notice of determination. If such a request for an administrative hearing is timely filed, the Administrator's determination shall be inoperative unless and until the case is dismissed or the Administrative Law Judge issues an order affirming the decision. (b) Interested parties may request a hearing in the following circumstances: (1) The complainant or any other interested party may request a hearing where the Administrator determines, after investigation, that there is no basis for a finding that an employer has committed violation(s). In such a proceeding, the party requesting the hearing shall be the prosecuting party and the employer shall be the respondent; the Administrator may intervene as a party or appear as amicus curiae at any time in the proceeding, at the Administrator's discretion. (2) The employer or any other interested party may request a hearing where the Administrator determines, after investigation, that the employer has committed violation(s). In such a proceeding, the Administrator shall be the prosecuting party and the employer shall be the respondent. (c) No particular form is prescribed for any request for hearing permitted by this section. However, any such request shall: (1) Be dated; (2) Be typewritten or legibly written; (3) Specify the issue or issues stated in the notice of determination giving rise to such request; (4) State the specific reason or reasons why the party requesting the hearing believes such determination is in error; (5) Be signed by the party making the request or by an authorized representative of such party; and (6) Include the address at which such party or authorized representative desires to receive further communications relating thereto. ce of determination giving rise to such request; (4) State the specific reason or reasons why the party requesting the hearing believes such determination is in error; (5) Be signed by the party making the request or by an authorized representative of such party; and (6) Include the address at which such party or authorized representative desires to receive further communications relating thereto. (d) The request for such hearing shall be received by the Chief Administrative Law Judge, at the address stated in the Administrator's notice of determination, no later than 15 calendar days after the date of the determination. An interested party which fails to meet this 15-day deadline for requesting a hearing may thereafter participate in the proceedings only by consent of the administrative law judge, either through intervention as a party pursuant to 29 CFR 18.10 (b) through (d) or through participation as an amicus curiae pursuant to 29 CFR 18.12. (e) The request may be filed in person, by facsimile transmission, by certified or regular mail, or by courier service. For the requesting party's protection, if the request is by mail, it should be by certified mail. If the request is by facsimile transmission, the original of the request, signed by the requestor or authorized representative, shall be filed within ten days. (f) Copies of the request for a hearing shall be sent by the requestor to the Wage and Hour Division official who issued the Administrator's notice of determination, to the representative(s) of the Solicitor of Labor identified in the notice of determination, and to all known interested parties. [59 FR 65672, 65676, Dec. 20, 1994, as amended at 65 FR 80237, Dec. 20, 2000] ## Nearby sections - [20 C.F.R. § 655.800 (2026) § 655.800 Who will enforce the LCAs and how will they be enforced?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_800.md) - [20 C.F.R. § 655.801 (2026) § 655.801 What protection do employees have from retaliation?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_801.md) - [20 C.F.R. § 655.805 (2026) § 655.805 What violations may the Administrator investigate?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_805.md) - [20 C.F.R. § 655.806 (2026) § 655.806 Who may file a complaint and how is it processed?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_806.md) - [20 C.F.R. § 655.807 (2026) § 655.807 How may someone who is not an “aggrieved party” allege violations, and how will those allegations be processed?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_807.md) - [20 C.F.R. § 655.808 (2026) § 655.808 Under what circumstances may random investigations be conducted?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_808.md) - [20 C.F.R. § 655.810 (2026) § 655.810 What remedies may be ordered if violations are found?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_810.md) - [20 C.F.R. § 655.815 (2026) § 655.815 What are the requirements for the Administrator's determination?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_815.md) - [20 C.F.R. § 655.820 (2026) § 655.820 How is a hearing requested?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_820.md) - [20 C.F.R. § 655.825 (2026) § 655.825 What rules of practice apply to the hearing?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_825.md) - [20 C.F.R. § 655.830 (2026) § 655.830 What rules apply to service of pleadings?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_830.md) - [20 C.F.R. § 655.835 (2026) § 655.835 How will the administrative law judge conduct the proceeding?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_835.md) - [20 C.F.R. § 655.840 (2026) § 655.840 What are the requirements for a decision and order of the administrative law judge?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_840.md) - [20 C.F.R. § 655.845 (2026) § 655.845 What rules apply to appeal of the decision of the administrative law judge?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_845.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_820. 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