The enforcement provisions of the interim regulations are vague and overbroad, deny hospitals due process of law, and violate generally-accepted concepts of fundamental fairness. The interim regulations at section 655.1200 describe the enforcement authority of the Administrator of DOL's Wage and Hour Division with respect to a facility's attestation. DOL is provided with sweeping authority to conduct surprise raids of hospitals, and inspect records without prior notice. Such a regulation invites abuse and intimidation. Any reasonable objection to a surprise raid or a search of the hospital's files allows a DOL investigator to threaten hospital administrators with summary arrest.
All hospitals have confidential information which they wish to shield from competitors.
Since all evidence seized by DOL may become public at a later hearing, hospitals have an interest in limiting the information which they provide to DOL to that which is relevant to their attestation and H-1C petitions. The regulation should contain a provision granting a hospital reasonable notice of a DOL inspection. The notice should specify what documents are sought. Hospitals should not be subject to civil or criminal penalties for requesting DOL to produce a search warrant or a subpoena. It is important to remember that the overwhelming majority of hospitals are law-abiding.