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Firm fined $200 for late filing
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Posted on Jul 15 2005
The Department of Labor has warned an employer to comply with filing deadlines in submitting future employment applications.
This came as the department’s Division of Administrative Hearings ordered a $200 fine against PQ Corp. for its late filing of a permit application. Hearing officer Maya Kara set the payment of the fine as a condition for the issuance of the labor permit of PQ Corp. employee Li Shu Zi.
“Employer is cautioned to strictly comply with filing deadlines in future applications. Any request for an equitable extension will not be viewed with favor a second time,” said Kara.
Based on Kara’s administrative order, PQ Corp. submitted a permit application for Li on March 23, 2005. The Division of Labor issued a deficiency notice on the same day, noting that the application was filed nine days late and lacked requirements such as a certified job vacancy announcement, health certificate, and business establishment inspection.
Although the deficiencies were cured, the division denied the application on April 7 based on the untimely filing. PQ Corp. and Li appealed the denial.
At the June 7, 2005 hearing, PQ Corp. acknowledged being at fault for the late filing and expressed desire to continue to employ Li.
“Based on the evidence, I find that, although the employee exceeded the 45-day transfer period for filing a completed transfer application, this omission was through no fault of the employee,” Kara said.
She concluded that the facts and circumstances of the case make it fair to grant PQ Corp. and Li an extension of the 45-day transfer period. Accordingly, she said the Labor director’s decision to deny the application should be reversed and the application remanded to the Processing Section upon the employer’s payment of the $200 fine. (Agnes E. Donato)
