[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-741.65]

[Page 216-217]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
   CHAPTER 60--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL 
                         EMPLOYMENT OPPORTUNITY,
                           DEPARTMENT OF LABOR
 
PART 60-741--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES--Table of Contents
 
         Subpart D--General Enforcement and Complaint Procedures
 
Sec. 60-741.65  Enforcement proceedings.

    (a) General. (1) If a compliance review, 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 review. 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 Deputy Assistant Secretary may, within the limitations of 
applicable law, seek appropriate judicial action to enforce the 
contractual provisions set forth in Sec. 60-741.5, including appropriate 
injunctive relief.
    (b) Hearing practice and procedure. (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 Rules of Practice for Administrative 
Proceedings to Enforce Equal Opportunity Under Executive Order 11246 
contained in 41 CFR part 60-30 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

[[Page 217]]

submission of any 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, Regional Solicitors and Associate Regional 
Solicitors.
    (3) For the purposes of hearings pursuant to this part, references 
in 41 CFR part 60-30 to ``Executive Order 11246'' shall mean section 503 
of the Rehabilitation Act of 1973, as amended; to ``equal opportunity 
clause'' shall mean the equal opportunity clause published at 41 CFR 60-
741.5; and to ``regulations'' shall mean the regulations contained in 
this part.