shall make available for public examination, within one working day after the date
on which an application under this paragraph is filed, at the employer's principal
place of business or worksite, a copy of each such application (and
accompanying documentation). The Secretary sha ll compile, on a current basis,
a list (by employer and by occupational classification) of the applications filed
under this subsection. Such list shall include the wage rate, number of aliens
sought, period of intended employment, and date of need. The Secretary shall
make such list available for public examination in Washington, D.C.
"(2)(A) The Secretary shall establish a process for the receipt, investigation,
and disposition of complaints respecting a petitioner's failure to meet a condition
specified in an application submitted under paragraph (1) or a petitioner's
misrepresentation of material facts in such an application. Complaints may be
filed by any aggrieved person or organization (including bargaining
representatives). No investigation or hearing shall be conducted on a complaint
concerning such a failure or misrepresentation unless the complaint was filed not
later than 12 months after the date of the failure or misrepresentation,
respectively. The Secretary shall conduct an investigation under this paragraph if
there is reasonable cause to believe that such a failure or misrepresentation has
occurred.
"(B) Under such process, the Secretary shall provide, within 30 days after the
date such a complaint is filed, for a determination as to whether or not a
reasonable basis exists to make a finding described in subparagraph (C). If the
Secretary determines that such a reasonable basis exists, the Secretary shall
provide for notice of such determination to the interested parties and an
opportunity for a hearing on the complaint, in accordance with section 556 of title
5, United States Code, within 60 days afte r the date of the determination. If such
a hearing is requested, the Secretary shall make a finding concerning the matter
by not later than 60 days after the date of the hearing. In the case of similar
complaints respecting the same applicant, the Secretary may consolidate the
hearings under this subparagraph on such complaints.
"(C) If the Secretary finds, after notice and opportunity for a hearing, a failure
to meet a condition (or a substantial failure in the case of a condition described in
subparagraph (C) or (D) of paragraph (1)) or misrepresentation of material fact in
an application--
"(i) the Secretary shall notify the Attorney General of such finding and may, in
addition, impose such other administrative remedies (including civil monetary
penalties in an amount not to exceed $1,000 per violation) as the Secretary
determines to be appropriate, and
"(ii) the Attorney General shall not approve petitions filed with respect to that
employer under section 204 or 214(c) during a period of at least 1 year for aliens
to be employed by the employer.