[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: 41CFR60-250.65]

[Page 188-189]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60-250_AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
 
         Subpart D_General Enforcement and Complaint Procedures
 
Sec. 60-250.65  Enforcement proceedings.

    (a) General. (1) If a compliance evaluation, complaint investigation 
or other review by OFCCP finds a violation of the Act or this part, and 
the violation has not been corrected in accordance with the conciliation 
procedures in this part, or OFCCP determines that referral for 
consideration of formal enforcement (rather than settlement) is 
appropriate, OFCCP may refer the matter to the Solicitor of Labor with a 
recommendation for the institution of enforcement proceedings to enjoin 
the violations, to seek appropriate relief, and to impose appropriate 
sanctions, or any of the above in this sentence. OFCCP may seek back pay 
and other make whole relief for aggrieved individuals identified during 
a complaint investigation or compliance evaluation. Such individuals 
need not have filed a complaint as a prerequisite to OFCCP seeking such 
relief on their behalf. Interest on back pay shall be calculated from 
the date of the loss and compounded quarterly at the percentage rate 
established by the Internal Revenue Service for the underpayment of 
taxes.
    (2) In addition to the administrative proceedings set forth in this 
section, the Deputy Assistant Secretary may, within the limitations of 
applicable law, seek appropriate judicial action to enforce the 
contractual provisions set forth in Sec. 60-250.5, including 
appropriate injunctive relief.
    (b) Hearing practice and procedure. (1) In administrative 
enforcement proceedings the contractor shall be provided an opportunity 
for a formal hearing. All hearings conducted under the Act and this part 
shall be governed by

[[Page 189]]

the Rules of Practice for Administrative Proceedings to Enforce Equal 
Opportunity Under Executive Order 11246 contained in 41 CFR Part 60-30 
and the Rules of Evidence set out in the Rules of Practice and Procedure 
for Administrative Hearings Before the Office of Administrative Law 
Judges contained in 29 CFR Part 18, Subpart B: Provided, That a final 
administrative order shall be issued within one year from the date of 
the issuance of the recommended findings, conclusions and decision of 
the Administrative Law Judge, or the submission of exceptions and 
responses to exceptions to such decision (if any), whichever is later.
    (2) Complaints may be filed by the Solicitor, the Associate 
Solicitor for Civil Rights, Regional Solicitors and Associate Regional 
Solicitors.
    (3) For the purposes of hearings pursuant to this part, references 
in 41 CFR Part 60-30 to ``Executive Order 11246'' shall mean the Vietnam 
Era Veterans' Readjustment Assistance Act of 1974, as amended; to 
``equal opportunity clause'' shall mean the equal opportunity clause 
published at Sec. 60-250.5; and to ``regulations'' shall mean the 
regulations contained in this part.