[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR580.12]

[Page 312]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 580_CIVIL MONEY PENALTIES_PROCEDURES FOR ASSESSING AND CONTESTING 
PENALTIES--Table of Contents
 
Sec. 580.12  Decision and Order of Administrative Law Judge.

    (a) The Administrative Law Judge shall render a decision on the 
issues referred by the Administrator.
    (b) The decision of the Administrative Law Judge shall be limited to 
a determination of whether the respondent has committed a violation of 
section 12, or a repeated or willful violation of section 6 or section 7 
of the Act, and the appropriateness of the penalty assessed by the 
Administrator. The Administrative Law Judge shall not render 
determinations on the legality of a regulatory provision or the 
constitutionality of a statutory provision.
    (c) The decision of the Administrative Law Judge shall include a 
statement of findings and conclusions, with reasons and basis therefor, 
upon each material issue presented on the record. The decision shall 
also include an appropriate order which may affirm, deny, reverse, or 
modify, in whole or in part, the determination of the Administrator.
    (d) The Administrative Law Judge shall serve copies of the decision 
on each of the parties.
    (e) The decision of the Administrative Law Judge shall constitute 
the final order of the Secretary unless, pursuant to Sec. 580.13 of 
this part, there is an appeal to the Secretary.