Page:United States Statutes at Large Volume 100 Part 2.djvu/128

 100 STAT. 1230

PUBLIC LAW 99-486—OCT. 16, 1986

larly situated. No employee may be a party to any such action unless the employee or the employee's parent or guardian gives consent in writing to become such a party and such consent is filed with the Secretary. "(B) Upon receipt of a petition filed in accordance with subparagraph (A), the Secretary within ten days shall assign the petition to an administrative law judge appointed pursuant to section 3105 of Records. title 5, United States Code. The administrative law judge shall conduct a hearing on the record in accordance with section 554 of title 5, United States Code, with respect to such petition within thirty days after assignment. "(C) In any such proceeding, the employer shall have the burden of demonstrating that the special minimum wage rate is justified as necessary in order to prevent curtailment of opportunities for employment. "(D) In determining whether any special minimum wage rate is justified pursuant to subparagraph (C), the administrative law judge shall consider— "(i) the productivity of the employee or employees identified in the petition and the conditions under which such productivity was measured; and "(ii) the productivity of other employees performing work of essentially the same type and quality for other employers in the same vicinity. "(E) The administrative law judge shall issue a decision within thirty days after the hearing provided for in subparagraph (B). Such action shall be deemed to be a final agency action unless within thirty days the Secretary grants a request to review the decision of the administrative law judge. Either the petitioner or the employer may request review by the Secretary within fifteen days of the date of issuance of the decision by the administrative law judge. "(F) The Secretary, within thirty days after receiving a request for review, shall review the record and either adopt the decision of the administrative law judge or issue exceptions. The decision of the administrative law judge, together with any exceptions, shall be deemed to be a final agency action. "(G) A final agency action shall be subject to judicial review 5 USC 701 c seg. pursuant to chapter 7 of title 5, United States Code. An action < seeking such review shall be brought within thirty days of a final agency action described in subparagraph (F). Approved October 16, 1986.

LEGISLATIVE HISTORY—S. 2884 (H.R. 5614): CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 26, considered and passed Senate. Oct. 1, H.R. 5614 considered and passed House; proceedings vacated and S. 2884 passed in lieu.

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