Proposed Rule2025-12006
Modifications to the Regulations Implementing the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as Amended
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Issuing agencies
Labor DepartmentFederal Contract Compliance Programs Office
Abstract
The U.S. Department of Labor is proposing to revise its implementing regulations for the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212. The proposed revisions will better align the regulations with recent case law and executive orders, including Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," and Executive Order 14219, "Ensuring Lawful Governance and Implementing the President's `Department of Government Efficiency' Deregulatory Initiative."
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28485-28493]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12006]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
41 CFR Part 60-300
[Docket No. OFCCP-2025-0002]
RIN 1250-AA19
Modifications to the Regulations Implementing the Vietnam Era
Veterans' Readjustment Assistance Act of 1974, as Amended
AGENCY: Office of Federal Contract Compliance Programs, Labor.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Labor is proposing to revise its
implementing regulations for the Vietnam Era Veterans' Readjustment
Assistance Act of 1974, as amended, 38 U.S.C. 4212. The proposed
revisions will better align the regulations with recent case law and
executive orders, including Executive Order 14173, ``Ending Illegal
Discrimination and Restoring Merit-Based Opportunity,'' and Executive
Order 14219, ``Ensuring Lawful Governance and Implementing the
President's `Department of Government Efficiency' Deregulatory
Initiative.''
DATES: Comments must be received by September 2, 2025.
ADDRESSES: Comments must be submitted in one of the following two ways
(please choose only one of the ways listed):
<bullet> Electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
``Submit a comment'' instructions. If you are reading this document on
<a href="http://federalregister.gov">federalregister.gov</a>, you may use the green ``SUBMIT A PUBLIC COMMENT''
button beneath this rulemaking's title to submit a comment to the
<a href="http://regulations.gov">regulations.gov</a> docket.
<bullet> You may mail written comments to the following address:
Catherine L. Eschbach, Director, Office of Federal Contract Compliance
Programs, 200 Constitution Avenue NW, Washington, DC 20210. Mailed
comments must be received by the close of the comment period.
Do not include any personally identifiable information (such as
name, address, or other contact information) or confidential business
information that you do not want publicly disclosed. All comments are
public records; they are publicly displayed exactly as received, and
will not be deleted, modified, or redacted. Comments may be submitted
anonymously.
Follow the search instructions on <a href="https://www.regulations.gov">https://www.regulations.gov</a> to
view public comments.
FOR FURTHER INFORMATION CONTACT: Catherine L. Eschbach, Director,
OFCCP, 200 Constitution Avenue NW, Washington, DC 20210. Telephone:
202-693-0101. Email: <a href="/cdn-cgi/l/email-protection#f8979e9b9b88a79f8d919c99969b9db89c9794d69f978e"><span class="__cf_email__" data-cfemail="016e676262715e66746865606f626441656e6d2f666e77">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Legal Authority
DOL enforces the Vietnam Era Veterans' Readjustment Assistance Act
of 1974 (VEVRAA), as amended, 38 U.S.C. 4212, and its implementing
regulations at 41 CFR 60-300. The VEVRAA regulations prohibit Federal
contractors and subcontractors (``contractors'') from discriminating
against employees and applicants because of their status as a protected
veteran (defined by the statute to include disabled veterans, recently
separated veterans, Armed Forces Service Medal Veterans, and active
duty wartime or campaign badge veterans). VEVRAA also requires covered
contractors to take steps to employ and advance in employment these
veterans. The basic requirements in VEVRAA generally apply to any
business or organization that holds a single Federal contract or
subcontract in excess of $150,000. Effective October 1, 2015, the
coverage threshold under VEVRAA increased from $100,000 to $150,000, in
accordance with the inflationary adjustment requirements in 41 U.S.C.
1908. See Federal Acquisition Regulation; Inflation Adjustment of
Acquisition-Related Thresholds, 80 FR 38293 (July 2, 2015). The
$150,000 dollar threshold is subject to Federal Acquisition Regulation
inflationary adjustments.
Under the current regulations, contractors with 50 or more
employees and a single Federal contract or subcontract of $150,000 or
more are also required to develop and maintain an affirmative action
program, where they must implement and document their equal employment
opportunity efforts on an annual basis, as provided in 41 CFR part 60-
300, subpart C. As discussed below, DOL is proposing to revise these
regulations to better align them with recent case law and executive
orders.
II. Discussion
Prior to January 21, 2025, DOL's Office of Federal Contract
Compliance Programs enforced three authorities: Executive Order (E.O.)
11246, as amended, Section 503 of the Rehabilitation Act of 1973
(Section 503), as amended, and VEVRAA. On January 21, 2025, President
Trump issued E.O. 14173, ``Ending Illegal Discrimination and Restoring
Merit-Based Opportunity,'' 90 FR 8633 (Jan. 31, 2025). E.O. 14173
revoked E.O. 11246, which prohibited covered contractors from
discriminating in employment based on race, color, religion, sex,
sexual orientation, gender identity, and national origin and required
them to take affirmative action. E.O. 11246 also prohibited covered
contractors from taking adverse employment actions against applicants
or employees because they inquired about, discussed, or disclosed
information about their pay or the pay of their co-workers, subject to
certain limitations.
While VEVRAA remains in effect, the VEVRAA regulations adopt and
cross-reference the E.O. 11246 administrative enforcement proceeding
procedures at 41 CFR 60-30. Specifically, the VEVRAA regulations
provide, in part, that ``[a]ll hearings conducted under [VEVRAA and
part 60-300] shall be governed by the Rules of Practice for
Administrative Proceedings to Enforce Equal Opportunity Under Executive
Order 11246 contained in 41 CFR part 60-30...'' 41 CFR 60-300.65(b)(1).
With the revocation of E.O. 11246, DOL is proposing to remove this
cross-reference and add the administrative enforcement proceeding
provisions to 41 CFR part 60-300, except where duplicative of current
part 60-300 provisions (e.g., the severability clause). Specifically,
DOL is proposing to add these regulatory provisions to 41 CFR 60-
300.65.\1\
---------------------------------------------------------------------------
\1\ In a separate rulemaking, DOL is proposing similar changes
to the Section 503 regulations. If these proposed changes become
final, the 41 CFR part 60-30 regulations will be duplicative and
unnecessary as they will be incorporated into 41 CFR parts 60-300
and 60-741. As such, as part of the Section 503 proposed rule, DOL
is also proposing to rescind 41 CFR part 60-30 using a delayed
effective date.
---------------------------------------------------------------------------
In addition to these changes, DOL also proposes to remove a
reference to 41 CFR part 60-3 that is included in 41 CFR 60-
300.21(g)(2). DOL is proposing to remove this citation because 41 CFR
part 60-3 is part of the revoked E.O. 11246 authority.
[[Page 28486]]
DOL also proposes to remove the 29 U.S.C. 793 reference in the
authority citation of the VEVRAA regulations. The 29 U.S.C. 793
reference refers to the Section 503 authority and is unnecessary.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
E.O. 12866, ``Regulatory Planning and Review,'' 58 FR 51735 (Oct.
4, 1993), requires agencies, to the extent permitted by law, to (1)
propose or adopt a regulation only upon a reasoned determination that
its benefits justify its costs (recognizing that some benefits and
costs are difficult to quantify); (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits; (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) for review. OIRA has determined that this
proposed rule does not constitute a ``significant regulatory action''
under section 3(f) of E.O. 12866. Accordingly, this proposed rule was
not submitted to OIRA for review under E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) and a
final regulatory flexibility analysis (FRFA) for any rule that by law
must be proposed for public comment, unless the agency certifies that
the rule, if promulgated, will not have a significant economic impact
on a substantial number of small entities.
DOL reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act. This proposed rule would eliminate
burdensome regulations. Therefore, DOL has concluded that the impacts
of the proposed rule would not have a ``significant economic impact on
a substantial number of small entities,'' and that the preparation of
an FRFA is not warranted. DOL will transmit this certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
The purpose of the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C.
3501 et seq., includes minimizing the paperwork burden on affected
entities. The PRA requires certain actions before an agency can adopt
or revise a collection of information, including publishing for public
comment a summary of the collection of information and a brief
description of the need for and proposed use of the information.
As part of its continuing effort to reduce paperwork and respondent
burden, the Department conducts a preclearance consultation program to
provide the public and Federal agencies with an opportunity to comment
on proposed and continuing collections of information in accordance
with the PRA. See 44 U.S.C. 3506(c)(2)(A). This activity helps to
ensure that the public understands the Department's collection
instructions, respondents can provide the requested data in the desired
format, reporting burden (time and financial resources) is minimized,
collection instruments are clearly understood, and the Department can
properly assess the impact of collection requirements on respondents.
A Federal agency may not conduct or sponsor a collection of
information unless it is approved by the Office of Management and
Budget (OMB) under the PRA and it displays a currently valid OMB
control number. The public is also not required to respond to a
collection of information unless it displays a currently valid OMB
control number. In addition, notwithstanding any other provisions of
law, no person will be subject to penalty for failing to comply with a
collection of information if the collection of information does not
display a currently valid OMB control number (44 U.S.C. 3512).
This rulemaking does not result in any changes to existing
information collections. Accordingly, OMB clearance is not required
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
D. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.
DOL has examined this proposed rule and has determined that it
would not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) clearly specifies the preemptive effect, if any, (2) clearly
specifies any effect on existing Federal law or regulation, (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction, (4) specifies the retroactive
effect, if any, (5) adequately defines key terms, and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOL has completed the required review and
determined that, to the extent permitted by law, this proposed
[[Page 28487]]
rule meets the relevant standards of E.O. 12988.
F. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy. 2
U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them.
DOL examined this proposed rule according to UMRA and its statement
of policy and determined that the proposed rule does not contain a
Federal intergovernmental mandate, nor is it expected to require
expenditures of $100 million or more in any one year by State, local,
and Tribal governments, in the aggregate, or by the private sector. As
a result, the analytical requirements of UMRA do not apply.
G. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOL has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
H. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), DOL has determined that this proposed rule would not result
in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
I. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002). DOL has reviewed this proposed rule under the
OMB guidelines and has concluded that it is consistent with applicable
policies in those guidelines.
J. Review Under Executive Order 13175
DOL has examined this proposed rule and determined that it does not
have tribal implications under E.O. 13175 that would require a tribal
summary impact statement. It does not ``have substantial direct effects
on one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
K. Review Under Additional Executive Orders and Presidential Memoranda
DOL has examined this proposed rule and has determined that it is
consistent with the policies and directives outlined in E.O. 14173,
``Ending Illegal Discrimination and Restoring Merit-Based Opportunity''
and E.O. 14219, ``Ensuring Lawful Governance and Implementing the
President's `Department of Government Efficiency' Deregulatory
Initiative.'' This proposed rule, if finalized as proposed, is expected
to be an E.O. 14192 deregulatory action.
List of Subjects
Administrative practice and procedure, Civil rights, Employment,
Equal employment opportunity, Government contracts, Government
procurement, Investigations, Labor, Veterans.
For the reasons set forth in the preamble, DOL amends 41 CFR part
60-300, as set forth below:
PART 60-300--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS
OF FEDERAL CONTRACTORS AND SUBCONTRACTORS REGARDING DISABLED
VETERANS, RECENTLY SEPARATED VETERANS, ACTIVE DUTY WARTIME OR
CAMPAIGN BADGE VETERANS, AND ARMED FORCES SERVICE MEDAL VETERANS
0
1. Revise the authority citation for 41 CFR part 60-300 to read as
follows:
Authority: 38 U.S.C. 4211 and 4212; E.O. 11758 (3 CFR, 1971-1975
Comp., p. 841).
0
2. Revise Sec. 60-300.21(g)(2) to read as follows:
Sec. 60-300.21 Prohibitions.
* * * * *
(g) * * *
(1) * * *
(2) The Uniform Guidelines on Employee Selection Procedures do not
apply to 38 U.S.C. 4212 and are similarly inapplicable to this part.
* * * * *
0
3. Revise Sec. 60-300.65 to read as follows:
Sec. 60-300.65 Enforcement proceedings.
(a) General.
(1) If a compliance evaluation, complaint investigation or other
review by OFCCP finds a violation of the Act or this part, and the
violation has not been corrected in accordance with the conciliation
procedures in this part, or OFCCP determines that referral for
consideration of formal enforcement (rather than settlement) is
appropriate, OFCCP may refer the matter to the Solicitor of Labor with
a recommendation for the institution of enforcement proceedings to
enjoin the violations, to seek appropriate relief, and to impose
appropriate sanctions, or any of the above in this sentence. OFCCP may
seek back pay and other make whole relief for aggrieved individuals
identified during a complaint investigation or compliance evaluation.
Such individuals need not have filed a complaint as a prerequisite to
OFCCP seeking such relief on their behalf. Interest on back pay shall
be calculated from the date of the loss and compounded quarterly at the
percentage rate established by the Internal Revenue Service for the
underpayment of taxes.
(2) In addition to the administrative proceedings set forth in this
section, the Director may, within the limitations of applicable law,
seek appropriate judicial action to enforce the contractual provisions
set forth in Sec. 60-300.5, including appropriate injunctive relief.
(b) Hearing practice and procedure.
[[Page 28488]]
(1) In administrative enforcement proceedings the contractor shall
be provided an opportunity for a formal hearing. All hearings conducted
under the Act and this part shall be governed by the regulations at 41
CFR 60-300.65(c) to (mm) and the Rules of Evidence set out in the Rules
of Practice and Procedure for Administrative Hearings Before the Office
of Administrative Law Judges contained in 29 CFR part 18, subpart B:
Provided, That a final administrative order shall be issued within one
year from the date of the issuance of the recommended findings,
conclusions and decision of the Administrative Law Judge, or the
submission of exceptions and responses to exceptions to such decision
(if any), whichever is later.
(2) Complaints may be filed by the Solicitor, the Associate
Solicitor for Civil Rights and Labor-Management, Regional Solicitors,
and Associate Regional Solicitors.
(3) [Reserved]
(c) Applicability of rules of practice for administrative
proceedings.
The regulations at 41 CFR 60-300.65(c) to (mm) provide the rules of
practice for all administrative proceedings that relate to the
enforcement of the Vietnam Era Veterans' Readjustment Assistance Act of
1974 (VEVRAA), as amended, including but not limited to proceedings
instituted against contractors or subcontractors covered by 41 CFR 60-
300. In the absence of a specific provision, procedures shall be in
accordance with the Federal Rules of Civil Procedure.
(d) Waiver, modification.
Upon notice to all parties, the Administrative Law Judge may, with
respect to matters pending before him modify or waive any rule herein
upon a determination that no party will be prejudiced and that the ends
of justice will be served thereby.
(e) Computation of time.
In computing any period of time under these rules or in an order
issued hereunder, the time begins with the day following the act,
event, or default, and includes the last day of the period, unless it
is a Saturday, Sunday, or legal holiday observed by the Federal
Government in which event it includes the next business day.
(f) Form, filing, service of pleadings and papers.
(1) Form. The original of all pleadings and papers in a proceeding
conducted under the 41 CFR 60-300.65 regulations shall be filed with
the Administrative Law Judge assigned to the case or with the Chief
Administrative Law Judge if the case has not been assigned. Every
pleading and paper filed in the proceeding shall contain a caption
setting forth the name of the agency instituting the proceeding, the
title of the action, the case file number assigned by the
Administrative Law Judge, and a designation of the pleading or paper
(e.g., complaint, motion to dismiss, etc.). The pleading or papers
shall be signed and shall contain the address and telephone number of
the person representing the party or the person on whose behalf the
pleading or paper was filed. Unless otherwise ordered for good cause by
the Administrative Law Judge regarding specific papers and pleadings in
a specific case, all such papers and pleadings are public documents.
(2) Service. Service upon any party shall be made by the party
filing the pleading or document in accordance with 29 CFR part 26. When
a party is represented by an attorney, the service shall be upon the
attorney.
(3) Proof of service. A certificate of the person serving the
pleading or other document, setting forth the manner of service, shall
be proof of the service.
(g) Prehearing procedures: Administrative complaint.
(1) Filing. The Solicitor of Labor, Associate Solicitor for Labor
Relations and Civil Rights Regional Solicitors and Regional Attorney
upon referral from the Office of Federal Contract Compliance Programs,
are authorized to institute enforcement proceedings by filing a
complaint and serving the complaint upon the contractor which shall be
designated as the defendant. The Department of Labor, OFCCP, as shall
be designated on plaintiff.
(2) Contents. The complaint shall contain a concise jurisdictional
statement, and a clear and concise statement sufficient to put the
defendant on notice of the acts or practices it is alleged to have
committed in violation of the order, the regulations, or its
contractual obligations. The complaint shall also contain a prayer
regarding the relief being sought, a statement of whatever sanctions
the Government will seek to impose and the name and address of the
attorney who will represent the Government.
(3) Amendment. The complaint may be amended once as a matter of
course before an answer is filed, and the defendant may amend its
answer once as a matter of course not later than 10 days after the
filing of the original answer. Other amendments of the complaint or of
the answer to the complaint shall be made only by leave of the
Administrative Law Judge or by written consent of the adverse party;
and leave shall be freely given where justice so requires. An amended
complaint shall be answered within 14 days of its service, or within
the time for filing an answer to the original complaint, whichever
period is longer. An amended answer shall be responded to within 14
days of its service.
(h) Prehearing procedures: Answer.
(1) Filing and service. Within 20 days after the service of the
complaint, the defendant shall file an answer with the Chief
Administrative Law Judge if the case has not been assigned to an
Administrative Law Judge. The answer shall be signed by the defendant
or its attorney and served on the Government in accordance with Sec.
60-300.65(f)(2).
(2) Contents; failure to file. The answer shall (i) contain a
statement of the facts which constitute the grounds of defense, and
shall specifically admit, explain, or deny, each of the allegations of
the complaint unless the defendant is without knowledge, in which case
the answer shall so state; or (ii) state that the defendant admits all
the allegations of the complaint. The answer may contain a waiver of
hearing; and if not, a separate paragraph in the answer shall request a
hearing. The answer shall contain the name and address of the
defendant, or of the attorney representing the defendant. Failure to
file an answer or to plead specifically to any allegation of the
complaint shall constitute an admission of such allegation.
(3) Procedure, upon admission of facts. The admission, in the
answer or by failure to file an answer, of all the material allegations
of fact contained in the complaint shall constitute a waiver of
hearing. Upon such admission, the Administrative Law Judge, without
further hearing, may prepare his decision in which he shall adopt as
his proposed findings of fact the material facts alleged in the
complaint. The parties shall be given an opportunity to file exceptions
to his decision and to file briefs in support of the exceptions.
(i) Prehearing procedures: Notice of prehearing conference.
The Administrative Law Judge shall respond to defendant's request
for a hearing within 15 days and shall serve a notice of prehearing
conference on the parties. The notice shall contain the time and place
of the conference.
(j) Prehearing procedures: Motions; disposition of motions.
(1) Motions. Motions shall state the relief sought, the authority
relied upon and the facts alleged, and shall be filed with the
Administrative Law Judge. If made before or after the hearing itself,
the motions shall be in writing. If made at the hearing, motions may be
stated orally; but the Administrative Law Judge may require that they
be reduced
[[Page 28489]]
to writing and filed and served on all parties in the same manner as a
formal motion. Unless otherwise ordered by the Administrative Law
Judge, written motions shall be accompanied by a supporting memorandum.
Within 10 days after a written motion is served, or such other time
period as may be fixed, any party may file a response to a motion.
(2) Disposition of motions. The Administrative Law Judge may not
grant a written motion prior to expiration of the time for filing
responses thereto, except upon consent of the parties or following a
hearing, but may overrule or deny such motion without awaiting
response: Provided, That prehearing conferences, hearings, and
decisions need not be delayed pending disposition of motions.
(k) Prehearing procedures: Interrogatories and admissions as to
facts and documents.
(1) Interrogatories. Not later than 25 days prior to the date of
the hearing, except for good cause shown, or not later than 14 days
prior to such earlier date as the Administrative Law Judge may order,
any party may serve upon an opposing party written interrogatories.
Each interrogatory shall be answered separately and fully in writing
under oath, unless objected to. Answers are to be signed by the person
making them and objections by the attorney or by whoever is
representing the party. Answers and objections shall be filed and
served within 25 days of service of the interrogatory.
(2) Admissions. Not later than 14 days prior to the date of the
hearing, except for good cause shown, or not later than 14 days prior
to such earlier date as the Administrative Law Judge may order, any
party may serve upon an opposing party a written request for the
admission of the genuineness and authenticity of any relevant documents
described in and exhibited with the request, or for the admission of
the truth of any relevant matters of fact stated in the request. Each
of the matters as to which an admission is requested shall be deemed
admitted, unless within 25 days after service, the party to whom the
request is directed serves upon the requesting party a sworn statement
either (i) denying specifically the matter as to which an admission is
requested, or (ii) setting forth in detail the reasons why he cannot
truthfully either admit or deny such matters.
(3) Objections or failures to respond. The party submitting the
interrogatory or request may move for an order with respect to any
objection or other failure to respond.
(l) Prehearing procedures: Production of documents and things and
entry upon land for inspection and other purposes.
(1) After commencement of the action, any party may serve on any
other party a request to produce and/or permit the party, or someone
acting on his behalf, to inspect and copy any unprivileged documents,
phonorecords, and other compilations, including computer tapes and
printouts which contain or may lead to relevant information and which
are in the possession, custody, or control of the party upon whom the
request is served. If necessary, translation of data compilations shall
be done by the party furnishing the information.
(2) After commencement of the action, any party may serve on any
other party a request to permit entry upon designated property which
may be relevant to the issues in the proceeding and, which is in the
possession or control of the party upon whom the request is served for
the purpose of inspection, measuring, surveying or photographing,
testing, or sampling the property or any designated object or area.
(3) Each request shall set forth with reasonable particularity the
items to be inspected and shall specify a reasonable time and place for
making the inspection and performing the related acts.
(4) The party upon whom the request is served shall respond within
25 days after the service of the request. The response shall state,
with respect to each item, that inspection and related activities will
be permitted as requested, unless there are objections, in which case
the reasons for each objection shall be stated. The party submitting
the request may move for an order with respect to any objection or to
other failure to respond.
(m) Prehearing procedures: Depositions upon oral examination.
(1) Depositions; notice of examination. After commencement of the
action, any party may take the testimony of any person, including a
party, having personal or expert knowledge of the matters in issue, by
deposition upon oral examination. A party desiring to take a deposition
shall give reasonable notice in writing to every other party to the
proceeding, and may use an administrative subpoena. The notice shall
state the time and place for taking the deposition and the name and
address of each person to be examined, if known, and, if the name is
not known, a general description sufficient to identify him or the
particular class or group to which he belongs. The notice shall also
set forth the categories of documents the witness is to bring with him
to the deposition, if any. A copy of the notice shall be furnished to
the person to be examined unless his name is unknown.
(2) Production of witnesses; obligation of parties; objections. It
shall be the obligation of each party to produce for examination any
person, along with such documents as may be requested, at the time and
place, and on the date, set forth in the notice, if that party has
control over such person. Each party shall be deemed to have control
over its officers, agents, employees, and members. Unless the parties
agree otherwise, depositions shall be held within the county in which
the witness resides or works. The party or prospective witness may file
with the Administrative Law Judge an objection within 5 days after
notice of production of such witness is served, stating with
particularity the reasons why the party cannot or ought not to produce
a requested witness. The party serving the notice may move for an order
with respect to such objection or failure to produce a witness. All
errors or irregularities in compliance with the provisions of this
section shall be deemed waived unless a motion to suppress the
deposition or some part thereof is made with reasonable promptness
after such defect is or, with due diligence, might have been
ascertained.
(3) Before whom taken; scope of examination; failure to answer.
Depositions may be taken before any officer authorized to administer
oaths by the laws of the United States or of the place where the
deposition is held. At the time and place specified in the notice, each
party shall be permitted to examine and cross-examine the witness under
oath upon any matter which is relevant to the subject matter of the
proceeding, or which is reasonably calculated to lead to the production
of relevant and otherwise admissible evidence. All objections to
questions, except as to the form thereof, and all objections to
evidence are reserved until the hearing. A refusal or failure on the
part of any person under the control of a party to answer a question
shall operate to create a presumption that the answer, if given, would
be unfavorable to the controlling party, unless the question is
subsequently ruled improper by the Administrative Law Judge or the
Administrative Law Judge rules that there was valid justification for
the witness' failure or refusal to answer the question: Provided, That
the examining party shall note on the record during the deposition the
question which the
[[Page 28490]]
deponent has failed, or refused to answer, and state his intention to
invoke the presumption if no answer is forthcoming.
(4) Subscription; certification; filing. The testimony shall be
reduced to typewriting, either by the officer taking the deposition or
under his direction, and shall be submitted to the witness for
examination and signing. If the deposition is not signed by the witness
because he is ill, dead, cannot be found, or refuses to sign it, such
fact shall be noted in the certificate of the officer and the
deposition may then be used as fully as though signed. The officer
shall immediately deliver the original copy of the transcript, together
with his certificate, in person or by mail to the Administrative Law
Judge. Copies of the transcript and certificate shall be furnished to
all persons desiring them, upon payment of reasonable charges, unless
distribution is restricted by order of the Administrative Law Judge for
good cause shown.
(5) Rulings on admissibility; use of deposition. Subject to the
provisions of this section, objection may be made at the hearing to
receiving in evidence any deposition or part thereof for any reason
which would require the exclusion of the evidence if the witness were
then present and testifying. Any part or all of a deposition, so far as
admissible in the discretion of the Administrative Law Judge, may be
used against any party who was present or represented at the taking of
the deposition or who had reasonable notice, in accordance with the
following provisions:
(i) Any deposition may be used by any party for the purpose of
contradicting or impeaching the testimony of the deponent as a witness.
(ii) The deposition of a party or of any one who at the time of
taking the deposition was an officer, director, or managing agent, or
was designated to testify on behalf of a public or private corporation,
partnership, association, or governmental agency which is a party may
be used by the adverse party for any purpose.
(iii) The deposition of a witness, whether or not a party, may be
used by any party for any purpose if the administrative law judge
finds: (A) That the witness is dead; or (B) that the witness is unable
to attend or testify because of age, illness, infirmity, or
imprisonment; or (C) that the party offering the deposition has been
unable to procure the attendance of the witness by subpoena; or (D)
upon application and notice, that such exceptional circumstances exist
as to make it desirable to allow the deposition to be used.
(iv) If only part of a deposition is introduced in evidence by a
party, any party may introduce any other parts by way of rebuttal and
otherwise.
(6) Stipulations. If the parties so stipulate in writing,
depositions may be taken before any person at any time or place, upon
any notice and in any manner, and when so taken may be used like other
depositions.
(n) Prehearing procedures: Prehearing conferences.
(1) Upon his own motion or the motion of the parties, the
Administrative Law Judge may direct the parties or their counsel to
meet with him for a conference to consider:
(i) Simplification of the issues;
(ii) Necessity or desirability of amendments to pleadings for
purposes of clarification, simplification, or limitation;
(iii) Stipulations, admissions of fact and of contents and
authenticity of documents;
(iv) Limitation of number of witnesses;
(v) Scheduling dates for the exchange of witness lists and of
proposed exhibits;
(vi) Such other matters as may tend to expedite the disposition of
the proceedings.
(2) The record shall show the matters disposed of by order and by
agreement in such pretrial conferences. The subsequent course of the
proceeding shall be controlled by such action.
(o) Prehearing procedures: Consent findings and order.
(1) General. At any time after the issuance of a complaint and
prior to or during the reception of evidence in any proceeding, the
parties may jointly move to defer the receipt of any evidence for a
reasonable time to permit negotiation of an agreement containing
consent findings and an order disposing of the whole or any part of the
proceeding. The allowance of such deferment and the duration thereof
shall be in the discretion of the Administrative Law Judge after
consideration of the nature of the proceeding, the requirements of the
public interest, the representations of the parties, and the
probability of an agreement being reached which will result in a just
disposition of the issues involved.
(2) Content. Any agreement containing consent findings and an order
disposing of a proceeding shall also provide:
(i) That the order shall have the same force and effect as an order
made after full hearing;
(ii) That the entire record on which any order may be based shall
consist solely of the complaint and the agreement;
(iii) That any further procedural steps are waived; and
(iv) That any right to challenge or contest the validity of the
findings and order entered into in accordance with the agreement is
waived.
(3) Submission. On or before the expiration of the time granted for
negotiations, the parties or their counsel may:
(i) Submit the proposed agreement to the Administrative Law Judge
for his consideration;
(ii) Inform the Administrative Law Judge that agreement cannot be
reached.
(4) Disposition. In the event an agreement containing consent
findings and an order is submitted within the time allowed, the
Administrative Law Judge, within 30 days, shall accept such agreement
by issuing his decision based upon the agreed findings, and his
decision shall constitute the final Administrative order.
(p) Hearings and Related Matters: Designation of Administrative Law
Judges.
Hearings shall be held before an Administrative Law Judge of the
Department of Labor who shall be designated by the Chief Administrative
Law Judge of the Department of Labor. After commencement of the
proceeding but prior to the designation of an Administrative Law Judge,
pleadings and papers shall be filed with the Chief Administrative Law
Judge.
(q) Hearings and Related Matters: Authority and responsibilities of
Administrative Law Judges.
The Administrative Law Judge shall propose findings and conclusions
to the Secretary on the basis of the record. In order to do so, he
shall have the duty to conduct a fair hearing, to take all necessary
action to avoid delay, and to maintain order. He shall have all powers
necessary to those ends, including, but not limited to, the power to:
(1) Hold conferences to settle, simplify, or fix the issues in a
proceeding, or to consider other matters that may aid in the
expeditious disposition of the proceeding by consent of the parties or
upon his own motion;
(2) Require parties to state their position with respect to the
various issues in the proceeding;
(3) Require parties to produce for examination those relevant
witnesses and documents under their control; and require parties to
answer interrogatories and requests for admissions in full;
(4) Administer oaths;
(5) Rule on motions, and other procedural items or matters pending
before him;
[[Page 28491]]
(6) Regulate the course of the hearing and conduct of participants
therein;
(7) Examine and cross-examine witnesses, and introduce into the
record documentary or other evidence;
(8) Receive, rule on, exclude, or limit evidence and limit lines of
questioning or testimony which are irrelevant, immaterial, or unduly
repetitious;
(9) Fix time limits for submission of written documents in matters
before him and extend any time limits established by this part upon a
determination that no party will be prejudiced and that the ends of
justice will be served thereby;
(10) Impose appropriate sanctions against any party or person
failing to obey an order under these rules which may include:
(i) Refusing to allow the disobedient party to support or oppose
designated claims or defenses, or prohibiting it from introducing
designated matters in evidence;
(ii) Excluding all testimony of an unresponsive or evasive witness,
or determining that the answer of such witness, if given, would be
unfavorable to the party having control over him; and
(iii) Expelling any party or person from further participation in
the hearing;
(11) Take official notice of any material fact not appearing in
evidence in the record, which is among the traditional matters of
judicial notice;
(12) Recommend whether the respondent is in current violation of
the order, regulations, or its contractual obligations, as well as the
nature of the relief necessary to insure the full enjoyment of the
rights secured by the order;
(13) Issue subpoenas; and
(14) Take any action authorized by these rules.
(r) Hearings and Related Matters: Appearances.
(1) Representation. The parties or other persons or organizations
participating pursuant to 41 CFR 60-300.65 have the right to be
represented by counsel.
(2) Failure to appear. In the event that a party appears at the
hearing and no party appears for the opposing side, the party who is
present shall have an election to present his evidence in whole or such
portion thereof sufficient to make a prima facie case before the
Administrative Law Judge. Failure to appear at the hearing shall not be
deemed to be a waiver of the right to be served with a copy of the
Administrative Law Judge's recommended decision and to file exceptions
to it.
(s) Hearings and Related Matters: Appearance of witnesses.
(1) A party wishing to procure the appearance at the hearing of any
person having personal or expert knowledge of the matters in issue
shall serve on the prospective witness a notice, which may be
accomplished by an administrative subpoena, setting forth the time,
date, and place at which he is to appear for the purpose of giving
testimony. The notice shall also set forth the categories of documents
the witness is to bring with him to the hearing, if any. A copy of the
notice shall be filed with the Administrative Law Judge and additional
copies shall be served upon the opposing parties.
(2) It shall be the obligation of each party to produce for
examination any person, along with such documents as may be requested,
at the time and place, and on the date, set forth in the notice, if
that party has control over such person. Each party shall be deemed to
have control over its officers, agents, employees, and members. Due
regard shall be given to the convenience of witnesses in scheduling
their testimony so that they will be detained no longer than reasonably
necessary.
(3) The party or prospective witness may file an objection within 5
days after notice of production of such witness is served stating with
particularity the reasons why the party cannot produce a requested
witness. The party serving the notice may move for an order with
respect to such objection or failure to produce a witness.
(t) Hearings and Related Matters: Rules of evidence.
In any hearing, decision, or administrative review conducted
pursuant to this part, all evidentiary matters shall be governed by
Office of Administrative Law Judges' Rules of evidence at 29 CFR part
18, subpart B, Provided however, That the provision at 29 CFR 18.1104
which delays the effective date of the rule with respect to certain
investigations does not apply.
(u) Hearings and Related Matters: Objections; exceptions; offer of
proof.
(1) Objections. If a party objects to the admission or rejection of
any evidence or to the limitation of the scope of any examination or
cross-examination or the failure to limit such scope, he shall state
briefly the grounds for such objection. Rulings on all objections shall
appear in the record. Only objections made on the record may be relied
upon subsequently in the proceedings.
(2) Exceptions. Formal exception to an adverse ruling is not
required. Rulings by the Administrative Law Judge shall not be appealed
prior to the transfer of the case to the Secretary, but shall be
considered by the Secretary upon filing exceptions to the
Administrative Law Judge's recommendations and conclusions.
(3) Offer of proof. An offer of proof made in connection with an
objection taken to any ruling excluding proffered oral testimony shall
consist of a statement of the substance of the evidence which counsel
contends would be adduced by such testimony; and, if the excluded
evidence consists of evidence in written form or consists of reference
to documents, a copy of such evidence shall be marked for
identification and shall accompany the record as the offer of proof.
(v) Hearings and Related Matters: Ex parte communications.
The Administrative Law Judge shall not consult any person, or
party, on any fact in issue unless upon notice and opportunity for all
parties to participate. No employee or agent of the Federal Government
engaged in the investigation and prosecution of this case shall
participate or advise in the rendering of the recommended or final
decision in the case, except as witness or counsel in the proceeding.
(w) Hearings and Related Matters: Oral argument.
Any party shall be entitled upon request to a reasonable period
between the close of evidence and termination of the hearing for oral
argument. Oral arguments shall be included in the official transcript
of the hearing.
(x) Hearings and Related Matters: Official transcript.
The official transcripts of testimony taken, together with any
exhibits, briefs, or memorandums of law, shall be filed with the
Administrative Law Judge. Transcripts of testimony may be obtained from
the official reporter by the parties and the public as provided in
section 11(a) of the Federal Advisory Committee Act (86 Stat. 770).
Upon notice to all parties, the Administrative Law Judge may authorize
such corrections to the transcript as are necessary to reflect
accurately the testimony.
(y) Hearings and Related Matters: Summary judgment.
(1) For the Government. At any time after the expiration of 20 days
from the commencement of the action, or after service of a motion for
summary judgment by the respondent, the Government may move with or
without supporting affidavits for a summary judgment upon all claims or
any part.
(2) For defendant. The defendant may, at any time after
commencement of the action, move with or without supporting affidavits
for summary
[[Page 28492]]
judgment in its favor as to all claims or any part.
(3) Other parties. Any other party to a formal proceeding under
this part may support or oppose motions for summary judgment made by
the Government or respondent, in accordance with this section, but may
not move for a summary judgment in his own behalf.
(4) Statement of uncontested facts. All motions for summary
judgment shall be accompanied by a ``Statement of Uncontested Facts''
in which the moving party sets forth all alleged uncontested material
facts which shall provide the basis for its motion. At least 5 days
prior to the time fixed for hearing on the motion, any party contending
that any material fact regarding the matter covered by the motion is in
dispute, shall file a ``Statement of Disputed Facts.'' Failure to file
a ``Statement of Disputed Facts'' shall be deemed as an admission to
the ``Statement of Uncontested Facts.''
(5) Motion and proceedings. The motion shall be served upon all
parties at least 15 days before the time fixed for the hearing on the
motion. The adverse party or parties may serve opposing affidavits
prior to the day of hearing. The judgment sought shall be rendered
forthwith if the complaint and answer, depositions, and admissions on
file, together with the affidavits, if any, show that there is no
genuine issue as to any material fact and that the moving party is
entitled to a judgment as a matter of law. Summary judgment rendered
for or against the Government or the respondent shall constitute the
findings and recommendations on the issues involved. Hearings on
motions made under this section shall be scheduled by the
Administrative Law Judge.
(6) Case not fully adjudicated on motion. If on motion under this
section judgment is not rendered upon the whole case or for all the
relief asked and a final hearing is necessary, the Administrative Law
Judge at the hearing of the motion, by examining the notice and answer
and the evidence before him and by interrogating counsel, shall, if
practicable, ascertain what material facts exist without substantial
controversy and what material facts are actually and in good faith
controverted. He shall thereupon make an order specifying the facts
that appear without substantial controversy, including the extent to
which relief is not in controversy, and directing such further
proceedings as are just. At the hearing on the merits, the facts so
specified shall be deemed established, and the final hearing shall be
conducted accordingly.
(z) Hearings and Related Matters: Participation by interested
persons.
(1) To the extent that proceedings hereunder involve employment of
persons covered by a collective bargaining agreement, and compliance
may necessitate a revision of such agreement, any labor organization
which is a signatory to the agreement shall have the right to
participate as a party.
(2) Other persons or organizations shall have the right to
participate as parties if the final Administrative order could
adversely affect them or the class they represent, and such
participation may contribute materially to the proper disposition of
the proceedings.
(3) Any person or organization wishing to participate as a party
under this section shall file with the Administrative Law Judge and
serve on all parties a petition within 25 days after the commencement
of the action or at such other time as ordered by the Administrative
Law Judge, so long as it does not disrupt the proceeding. Such petition
shall concisely state: (i) Petitioner's interest in the proceedings;
(ii) who will appear for petitioner; (iii) the issues on which
petitioner wishes to participate; and (iv) whether petitioner intends
to present witnesses.
(4) The Administrative Law Judge shall determine whether each
petitioner has the requisite interest in the proceedings and shall
permit or deny participation accordingly. Where petitions to
participate as parties are made by individuals or groups with common
interest, the Administrative Law Judge may request all such petitioners
to designate a single representative to represent all such petitioners:
Provided, That the representative of a labor organization qualifying to
participate under paragraph (1) of the section must be permitted to
participate in the proceedings. The Administrative Law Judge shall give
each petitioner written notice of the decision on his petition; and if
the petition is denied, he shall briefly state the grounds for denial
and shall then treat the petition as a request for participation as
amicus curiae. The Administrative Law Judge shall give written notice
to each party of each petition granted.
(5) Any other interested person or organization wishing to
participate as amicus curiae shall file a petition before the
commencement of the final hearing with the Administrative Law Judge.
Such petition shall concisely state: (i) The petitioner's interest in
the hearing; (ii) who will represent the petitioner; and (iii) the
issues on which petitioner intends to present argument. The
Administrative Law Judge may grant the petition if he finds that the
petitioner has a legitimate interest in the proceedings, and that such
participation may contribute materially to the proper disposition of
the issues. An amicus curiae is not a party but may participate as
provided in this section.
(6) An amicus curiae may present a brief oral statement at the
hearing at the point in the proceeding specified by the Administrative
Law Judge. He may submit a written statement of position to the
Administrative Law Judge prior to the beginning of a hearing and shall
serve a copy on each party. He may also submit a brief or written
statement at such time as the parties submit briefs and exceptions, and
he shall serve a copy on each party.
(aa) Post-Hearing Procedures: Proposed findings of fact and
conclusions of law.
Within 20 days after receipt of the transcript of the testimony,
each party and amicus may file a brief. Such briefs shall be served
simultaneously on all parties and amici, and a certificate of service
shall be furnished to the Administrative Law Judge. Requests for
additional time in which to file a brief shall be made in writing, and
copies shall be served simultaneously on the other parties. Requests
for extensions shall be received not later than 3 days before the date
such briefs are due. No reply brief may be filed except by special
permission of the Administrative Law Judge.
(bb) Post-Hearing Procedures: Record for recommended decision.
The transcript of testimony, exhibits, and all papers, documents,
and requests filed in the proceedings, including briefs, but excepting
the correspondence section of the docket, shall constitute the record
for decision.
(cc) Post-Hearing Procedures: Recommended decision.
Within a reasonable time after the filing of briefs, the
Administrative Law Judge shall recommend findings, conclusions, and a
decision. These recommendations shall be certified, together with the
record for recommended decision, to the Administrative Review Board,
United States Department of Labor, for a final Administrative order.
The recommended findings, conclusions, and decision shall be served on
all parties and amici to the proceeding.
(dd) Post-Hearing Procedures: Exceptions to recommended decisions.
Within 14 days after receipt of the recommended findings,
conclusions, and decision, any party may submit exceptions to said
recommendation. These exceptions may be responded to by other parties
within 14 days of their receipt by said parties. All exceptions
[[Page 28493]]
and responses shall be filed with the Administrative Review Board,
United States Department of Labor. Service of such briefs or exceptions
and responses shall be made simultaneously on all parties to the
proceeding. Requests to the Administrative Review Board, United States
Department of Labor, for additional time in which to file exceptions
and responses shall be in writing and copies shall be served
simultaneously on other parties. Requests for extensions must be
received no later than 3 days before the exceptions are due.
(ee) Post-Hearing Procedures: Record.
After expiration of the time for filing briefs and exceptions, the
Administrative Review Board, United States Department of Labor, shall
make a decision, which shall be the Administrative order, on the basis
of the record. The record shall consist of the record for recommended
decision, the rulings and recommended decision of the Administrative
Law Judge and the exceptions and briefs filed subsequent to the
Administrative Law Judge's decision.
(ff) Post-Hearing Procedures: Administrative Order.
After expiration of the time for filing, the Administrative Review
Board, United States Department of Labor, shall make a decision which
shall be served on all parties. If the Administrative Review Board,
United States Department of Labor, concludes that the defendant has
violated VEVRAA, the equal opportunity clause, or the regulations, an
Administrative Order shall be issued enjoining the violations, and
requiring the contractor to provide whatever remedies are appropriate,
and imposing whatever sanctions are appropriate, or any of the above.
In any event, failure to comply with the Administrative Order shall
result in the immediate cancellation, termination, and suspension of
the respondent's contracts and/or debarment of the respondent from
further contracts.
(gg) Expedited Hearing Procedures: Expedited hearings--when
appropriate.
Expedited Hearings may be used, inter alia, when a contractor or
subcontractor has violated a conciliation agreement; has not adopted
and implemented an acceptable affirmative action program; has refused
to give access to or to supply records or other information as required
by the equal opportunity clause; or has refused to allow an on-site
compliance review to be conducted.
(hh) Expedited Hearing Procedures: Administrative complaint and
answer.
(1) Expedited hearings shall be commenced by filing an
administrative complaint in accordance with 41 CFR 60-300.65(g). The
complaint shall state that the hearing is subject to these expedited
hearing procedures.
(2) The answer shall be filed in accordance with 41 CFR
300.65(h)(1) and (2).
(3) Failure to request a hearing within the 20 days provided by 41
CFR 60-300.65(h)(1) shall constitute a waiver of hearing, and all the
material allegations of fact contained in the complaint shall be deemed
to be admitted. If a hearing is not requested or is waived, within 25
days of the complaint's filing, the Administrative Law Judge shall
adopt as findings of fact the material facts alleged in the complaint,
and shall order the appropriate sanctions and/or penalties sought in
the complaint. The Administrative Law Judge's findings and order shall
constitute a final Administrative order, unless the Office of the
Solicitor, U.S. Department of Labor, files exceptions to the findings
and order within 10 days of receipt thereof. If the Office of the
Solicitor, U.S. Department of Labor, files exceptions, the matter shall
proceed in accordance with 41 CFR 60-300.65(ll).
(4) If a request for a hearing is received within 20 days as
provided by 41 CFR 60-300.65(h)(1), the hearing shall be convened
within 45 days of receipt of the request and shall be completed within
15 days thereafter, unless more hearing time is required.
(ii) Discovery.
(1) Any party may serve requests for admissions in accordance with
41 CFR 60-300.65(k)(2) and (3).
(2) Witness lists and hearing exhibits will be exchanged at least
10 days in advance of the hearing.
(3) For good cause shown, and upon motion made in accordance with
41 CFR 60-300.65(j), the Administrative Law Judge may allow the taking
of depositions. Other discovery will not be permitted.
(jj) Conduct of hearing.
(1) At the hearing, the Government shall be given an opportunity to
demonstrate the basis for the request for sanctions and/or remedies,
and the contractor shall be given an opportunity to show that the
violation complained of did not occur and/or that good cause or good
faith efforts excuse the alleged violations. Both parties shall be
allowed to present evidence and argument and to cross-examine
witnesses.
(2) The hearing shall be informal in nature, and the Administrative
Law Judge shall not be bound by formal rules of evidence.
(kk) Recommended decision after hearing.
Within 15 days after the hearing is concluded, the Administrative
Law Judge shall recommend findings, conclusions, and a decision. The
Administrative Law Judge may permit the parties to file written post-
hearing briefs within this time period, but the Administrative Law
Judge's recommendations shall not be delayed pending receipt of such
briefs. These recommendations shall be certified, together with the
record, to the Administrative Review Board, United States Department of
Labor, for a final Administrative order. The recommended decision shall
be served on all parties and amici to the proceeding.
(ll) Exceptions to recommendations.
Within 10 days after receipt of the recommended findings,
conclusions and decision, any party may submit exceptions to said
recommendations. Exceptions may be responded to by other parties within
7 days after receipt by said parties of the exceptions. All exceptions
and responses shall be filed with the Administrative Review Board,
United States Department of Labor. Briefs or exceptions and responses
shall be served simultaneously on all parties to the proceeding.
(mm) Final Administrative Order.
After expiration of the time for filing exceptions, the
Administrative Review Board, United States Department of Labor, shall
issue an Administrative Order which shall be served on all parties.
Unless the Administrative Review Board, United States Department of
Labor, issues an Administrative Order within 30 days after the
expiration of the time for filing exceptions, the Administrative Law
Judge's recommended decision shall become a final Administrative Order
which shall become effective on the 31st day after expiration of the
time for filing exceptions. Except as to specific time periods required
in this subsection, 41 CFR 60-300.65(ff) shall be applicable to this
section.
Dated: June 25, 2025.
Catherine Eschbach,
Director, Office of Federal Contract Compliance Programs.
[FR Doc. 2025-12006 Filed 6-30-25; 8:45 am]
BILLING CODE 4510-CM-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 1, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.