[Code of Federal Regulations]

[Title 29, Volume 2]

[Revised as of July 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR470.13]



[Page 234]

 

                             TITLE 29--LABOR

 

  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR

 

PART 470_OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; NOTICE OF 

EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES--Table of Contents

 

     Subpart B_Compliance Evaluations, Complaint Investigations and 

                         Enforcement Procedures

 

Sec. 470.13  Under what circumstances, and how, will enforcement 

proceedings under the Executive Order be conducted?



    (a) General. (1) Violations of the Executive Order may result in 

administrative proceedings to enforce the Order. The bases for a finding 

of a violation may include, but are not limited to:

    (i) The results of a compliance evaluation;

    (ii) The results of a complaint investigation;

    (iii) A contractor's refusal to allow a compliance evaluation or 

complaint investigation to be conducted; or

    (iv) A contractor's refusal to provide information as required by 

the Executive Order and the regulations in this part.

    (2) If a determination is made that the Executive Order or the 

regulations in this part have been violated, and the violation has not 

been corrected through conciliation, the Deputy Assistant Secretary for 

Labor-Management Programs may refer the matter to the Solicitor of Labor 

for institution of administrative enforcement proceedings.

    (b) Administrative enforcement proceedings. (1) Administrative 

enforcement proceedings will be conducted under the control and 

supervision of the Solicitor of Labor, under the hearing procedures set 

forth in 29 CFR part 18, Rules of Practice and Procedure for 

Administrative Hearings Before the Office of Administrative Law Judges.

    (2) The administrative law judge will certify his or her recommended 

decision issued pursuant to 29 CFR 18.57 to the Assistant Secretary. The 

decision will be served on all parties and amici.

    (3) Within 25 days (10 days in the event that the proceeding is 

expedited) after receipt of the administrative law judge's recommended 

decision, either party may file exceptions to the decision. Exceptions 

may be responded to by the other parties within 25 days (7 days if the 

proceeding is expedited) after receipt. All exceptions and responses 

must be filed with the Assistant Secretary.

    (4) After the expiration of time for filing exceptions, the 

Assistant Secretary may issue a final administrative order, or may make 

such other disposition of the matter as he or she finds appropriate. In 

an expedited proceeding, unless the Assistant Secretary issues a final 

administrative order within 30 days after the expiration of time for 

filing exceptions, the administrative law judge's recommended decision 

will become the final administrative order. If the Assistant Secretary 

determines that the contractor has violated the Executive Order or the 

regulations in this part, the final administrative order will order the 

contractor to cease and desist from the violations, require the 

contractor to provide appropriate remedies, or, subject to the 

procedures in Section 470.14, impose appropriate sanctions and 

penalties, or any combination thereof.



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