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Administrative Law Judge Office of the Secretary of Labor § 6.15 as exactly as possible the documents to U.S.C. 39) and, in the discretion of the be produced. Administrative Law Judge, for striking out all or part of the testimony which § 6.5 Production of documents and wit- may have been given by such witness. nesses. The parties, who shall be deemed to § 6.7 Appearances. be the Department of Labor and the re- (a) Representation. The parties may spondent(s), may serve on any other appear in person, by counsel, or other- party a request to produce documents wise. or witnesses in the control of the party (b) Failure to appear. In the event served, setting forth with particularity that a party appears at the hearing and the documents or witnesses requested. no party appears for the opposing side, The party served shall have 15 days to the presiding Administrative Law respond or object thereto unless a Judge is authorized, if such party fails shorter or longer time is ordered by the to show good cause for such failure to Administrative Law Judge. The parties appear, to dismiss the case or to find shall produce documents and witnesses the facts as alleged in the complaint to which no privilege attaches which and to enter a default judgment con- are in the control of the party, if so or- taining such findings, conclusions and dered by the Administrative Law Judge order as are appropriate. Only where a upon motion therefor by a party. If a petition for review of such default privilege is claimed, it must be specifi- judgment cites alleged procedural cally claimed in writing prior to the irregularities in the proceeding below hearing or orally at the hearing or dep- and not the merits of the case shall a osition, including the reasons therefor. non-appearing party be permitted to In no event shall a statement taken in file such a petition for review. Failure confidence by the Department of Labor to appear at a hearing shall not be or other Federal agency be ordered to deemed to be a waiver of the right to be produced prior to the date of testi- be served with a copy of the Adminis- mony at trial of the person whose trative Law Judge’s decision. statement is at issue unless the con- sent of such person has been obtained. § 6.8 Transmission of record. If a petition for review of the Admin- § 6.6 Administrative Law Judge. istrative Law Judge’s decision is filed (a) Equal Access to Justice Act. Pro- with the Administrative Review Board, ceedings under this part are not sub- the Chief Administrative Law Judge ject to the provisions of the Equal Ac- shall promptly transmit the record of cess to Justice Act (Pub. L. 96–481). In the proceeding. any hearing conducted pursuant to the If a petition for review is not filed provisions of this part 6, Administra- within the time prescribed in this part, tive Law Judges shall have no power or the Chief Administrative Law Judge authority to award attorney fees and/ shall so advise the Administrator. or other litigation expenses pursuant to the provisions of the Equal Access Subpart B—Enforcement Pro- to Justice Act. ceedings Under the Service (b) Contumacious conduct: failure or re- fusal of a witness to appear or answer. Contract Act (and Under the Contumacious conduct at any hearing Contract Work Hours and before an Administrative Law Judge Safety Standards Act for Con- shall be ground for exclusion from the tracts Subject to the Service hearing., In cases arising under the Contract Act) Service Contract Act, the failure or re- fusal of a witness to appear at any § 6.15 Complaints. hearing or at a deposition when so or- (a) Enforcement proceedings under dered by the Administrative Law the Service Contract Act and under the Judge, or to answer any question which Contract Work Hours and Safety has been ruled to be proper, shall be Standards Act for contracts subject to ground for the action provided in sec- the Service Contract Act, may be insti- tion 5 of the Act of June 30, 1936 (41 tuted by the Associate Solicitor for 139 VerDate Mar<15>2010 13:00 Aug 06, 2013 Jkt 229112 PO 00000 Frm 00149 Fmt 8010 Sfmt 8010 Q:\29\29V1.TXT ofr150 PsN: PC150.
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