[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-1.34]

[Page 108-109]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60-1_OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS--Table of Contents
 
Subpart B_General Enforcement; Compliance Review and Complaint Procedure
 
Sec. 60-1.34  Violation of a conciliation agreement or letter of 
commitment.

    (a) When a conciliation agreement has been violated, the following 
procedures are applicable:
    (1) A written notice shall be sent to the contractor setting forth 
the violations alleged and summarizing the supporting evidence. The 
contractor shall have 15 days from receipt of the notice to respond, 
except in those cases in which such a delay would result in irreparable 
injury to the employment rights of affected employees or applicants.
    (2) During the 15-day period the contractor may demonstrate in 
writing that it has not violated its commitments.
    (3) If the contractor is unable to demonstrate that it has not 
violated its commitments, or if the complaint alleges irreparable 
injury, enforcement proceedings may be intitiated immediately without 
issuing a show cause notice or proceeding through any other requirement 
contained in this chapter.
    (4) In any proceeding involving an alleged violation of a 
conciliation agreement OFCCP may seek enforcement of

[[Page 109]]

the agreement itself and shall not be required to present proof of the 
underlying violations resolved by the agreement.
    (b) If the contractor has violated a letter of commitment, the 
matter shall be handled, where appropriate, pursuant to 41 CFR 60-2.2(c) 
or 60-4.8. The violation may be corrected through a conciliation 
agreement, or an enforcement proceeding may be initiated.

(E.O. 11246 (30 FR 12319) as amended by EO 11375 and 12086)

[44 FR 77002, Dec. 28, 1979, as amended at 62 FR 44192, Aug. 19, 1997]

    Effective Date Note: At 70 FR 36265, June 22, 2005, Sec. 60-1.34 
was amended by removing paragraph (b), removing the paragraph (a) 
designation, redesignating paragraphs (a)(1) through (a)(4) as 
paragraphs (a) through (d) respectively, and revising the section 
heading, effective July 22, 2005. For the convenience of the user, the 
revised text is set forth as follows:

Sec. 60-1.34  Violation of a Conciliation Agreement.

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