[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
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 
 
     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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