[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR641.415]

[Page 383-384]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 641--SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM--Table of Contents
 
  Subpart D--Administrative Standards and Procedures for Grantees and 
                      Limitations on Federal Funds
 
Sec. 641.415  Department of Labor appeals procedures for grantees.

    (a) This section sets forth the procedures by which the grantee may 
appeal a SCSEP final determination by the Department relating to costs, 
payments, notices of suspension, and notices of termination other than 
those resulting from an audit. Appeals of suspensions and terminations 
for discrimination shall be processed under 29 CFR part 31, 32, or 34, 
as appropriate.
    (b) Appeals from a final disallowance of cost as a result of an 
audit shall be made pursuant to 29 CFR part 96, subpart 96.6.
    (c) Upon a grantee's receipt of the Department's final determination 
relating to costs (except final disallowance of cost as a result of an 
audit), payments, suspension or termination, the grantee may appeal the 
final determination to the Department's Office of Administrative Law 
Judges, as follows:
    (1) Within 21 days of receipt of the Department's final 
determination, the grantee may transmit by certified mail, return 
receipt requested, a request for a hearing to the Chief Administrative 
Law Judge, United States Department of Labor, 800 K Street, NW., room 
400 N, Washington, DC 20001 with a copy to the Department official who 
signed the final determination. The Chief Administrative Law Judge shall 
designate an administrative law judge to hear the appeal.
    (2) The request for hearing shall be accompanied by a copy of the 
final determination, if issued, and shall state specifically those 
issues of the determination upon which review is requested. Those 
provisions of the determination not specified for review, or the entire 
determination when no hearing has been requested, shall be considered 
resolved and not subject to further review.
    (3) The Rules of Practice and Procedures for Administrative Hearings 
Before the Office of Administrative Law Judges, set forth at 29 CFR part 
18, shall govern the conduct of hearings under this section, except 
that:
    (i) The appeal shall not be considered a complaint; and
    (ii) Technical rules of evidence, such as the Federal Rules of 
Evidence and subpart B of 29 CFR part 18, shall not apply to any hearing 
conducted pursuant to this section. However, rules designed to assure 
production of the most credible evidence available and to subject 
testimony to test by cross-examination shall be applied where reasonably 
necessary by the administrative law judge conducting the hearing. The 
certified copy of the administrative file transmitted to the 
administrative law judge by the official issuing the final determination 
shall be part of the evidentiary record of the case and need not be 
moved into evidence.
    (4) The administrative law judge should render a written decision no 
later than 90 days after the closing of the record.
    (5) The decision of the administrative law judge shall constitute 
final action by the Secretary of Labor unless, within 21 days after 
receipt of the decision of the administrative law judge, a party 
dissatisfied with the decision, or any part thereof, has filed 
exceptions with the Secretary of Labor specifically identifying the 
procedures, fact, law, or policy to which exception is taken. Any 
exception not specifically urged shall be deemed to have been waived. 
Thereafter, the decision of the administrative law judge shall become 
the decision of the Secretary unless the

[[Page 384]]

Secretary of Labor, within 30 days of such filing, has notified the 
parties that the case has been accepted for review.
    (6) Any case accepted for review by the Secretary of Labor shall be 
decided within 180 days of such acceptance. If not so decided, the 
decision of the administrative law judge shall become the final decision 
of the Secretary of Labor.