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Ceedings Under the Service Contract Pt. 6 29 CFR Subtitle A (7–1–20 Edition) hour to a mechanic as his basic cash 6.21 Ineligible list. wage plus 50 cents an hour as a con- tribution to a welfare and pension plan. Subpart C—Enforcement Proceedings The Secretary of Labor determines Under the Davis-Bacon Act and Re- that a basic hourly rate of $3 an hour lated Prevailing Wage Statutes, the and a fringe benefit contribution of 50 Copeland Act, and the Contract Work cents are prevailing. The basic hourly Hours and Safety Standards Act (Ex- rate or regular rate for overtime pur- cept Under Contracts Subject to the poses would be $3.25, the rate actually Service Contract Act) paid as a basic cash wage for the em- 6.30 Referral to Chief Administrative Law ployee of X, rather than the $3 rate de- Judge. termined as prevailing by the Sec- 6.31 Amendments to pleadings. retary of Labor. 6.32 Consent findings and order. (3) Under the same prevailing wage 6.33 Decision of the Administrative Law determination, discussed in paragraph Judge. (c)(2) of this section, the Y construc- 6.34 Petition for review. tion contractor who has been paying $3 6.35 Ineligible lists. an hour as his basic cash wage on which he has been computing overtime Subpart D—Substantial Interest compensation reduces the cash wage to Proceedings $2.75 an hour but computes his costs of benefits under section 1(b)(2)(B) as $1 6.40 Scope. an hour. In this example the regular or 6.41 Referral to Chief Administrative Law basic hourly rate would continue to be Judge. 6.42 Amendments to pleadings. $3 an hour. See S. Rep. No. 963, p. 7. 6.43 Consent findings and order. 6.44 Decision of the Administrative Law PART 6—RULES OF PRACTICE FOR Judge. ADMINISTRATIVE PROCEEDINGS 6.45 Petition for review. ENFORCING LABOR STANDARDS 6.46 Ineligible list. IN FEDERAL AND FEDERALLY AS- SISTED CONSTRUCTION CON- Subpart E—Substantial Variance and TRACTS AND FEDERAL SERVICE Arm’s-Length Proceedings CONTRACTS 6.50 Scope. 6.51 Referral to Chief Administrative Law Subpart A—General Judge. 6.52 Appointment of Administrative Law Sec. Judge and notification of prehearing con- 6.1 Applicability of rules. ference and hearing date. 6.2 Definitions. 6.53 Prehearing conference. 6.3 Service; copies of documents and plead- 6.54 Hearing. ings. 6.55 Closing of record. 6.4 Subpoenas (Service Contract Act). 6.56 Decision of the Administrative Law 6.5 Production of documents and witnesses. Judge. 6.6 Administrative Law Judge. 6.57 Petition for review. 6.7 Appearances. 6.8 Transmission of record. AUTHORITY: Secs. 4 and 5, 79 Stat. 1034, 1035 as amended by 86 Stat. 789, 790, 41 U.S.C. 353 Subpart B—Enforcement Proceedings and 354; 5 U.S.C. 301; Reorg. Plan No. 14 of Under the Service Contract Act (and 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 46 Stat. Under the Contract Work Hours and 1494, as amended by 49 Stat. 1011, 78 Stat. 238, Safety Standards Act for Contracts 40 U.S.C. 276a–276a–7; 76 Stat. 357–359, 40 Subject to the Service Contract Act) U.S.C. 327–332; 48 Stat. 948, as amended by 63 Stat. 108, 72 Stat. 967, 40 U.S.C. 276c. 6.15 Complaints. SOURCE: 49 FR 10627, Mar. 21, 1984, unless 6.16 Answers. otherwise noted. 6.17 Amendments to pleadings. 6.18 Consent findings and order. EDITORIAL NOTE: Nomenclature changes to 6.19 Decision of the Administrative Law part 6 appear at 61 FR 19984, May 3, 1996. Judge. 6.20 Petition for review. 140 VerDate Sep<11>2014 15:39 Nov 23, 2020 Jkt 250116 PO 00000 Frm 00150 Fmt 8010 Sfmt 8010 Y:\SGML\250116.XXX 250116 Office of the Secretary of Labor § 6.5 Subpart A—General service shall be complete upon mailing. However, documents are not deemed § 6.1 Applicability of rules. filed until received by the Chief Clerk This part provides the rules of prac- at the Office of Administrative Law tice for administrative proceedings Judges and where documents are filed under the Service Contract Act, the by mail 5 days shall be added to the Davis-Bacon Act and related statutes prescribed period. listed in § 5.1 of part 5 of this title (c) Service upon Department, number of which require payment of wages deter- copies of pleading or other documents. An mined in accordance with the Davis- original and three copies of all plead- Bacon Act, the Contract Work Hours ings and other documents shall be filed and Safety Standards Act, and the with the Department of Labor: The Copeland Act. See parts 4 and 5 of this original and one copy with the Admin- title. istrative Law Judge before whom the case is pending, one copy with the at- § 6.2 Definitions. torney representing the Department (a) Administrator means the Adminis- during the hearing, and one copy with trator of the Wage and Hour Division, the Associate Solicitor. U.S. Department of Labor, or author- ized representative. § 6.4 Subpoenas (Service Contract Act). (b) Associate Solicitor means the Asso- ciate Solicitor for Fair Labor Stand- All applications under the Service ards, Office of the Solicitor, U.S. De- Contract Act for subpoenas ad partment of Labor, Washington, DC testificandum and subpoenas duces 20210. tecum shall be made in writing to the (c) Chief Administrative Law Judge Administrative Law Judge. Application means the Chief Administrative Law for subpoenas duces tecum shall specify Judge, U.S. Department of Labor, 800 K as exactly as possible the documents to Street, NW., Suite 400, Washington DC be produced. 20001–8002. (d) Respondent means the contractor, § 6.5 Production of documents and wit- subcontractor, person alleged to be re- nesses. sponsible under the contract or sub- The parties, who shall be deemed to contract, and/or any firm, corporation, be the Department of Labor and the re- partnership, or association in which spondent(s), may serve on any other such person or firm is alleged to have a party a request to produce documents substantial interest (or interest, if the or witnesses in the control of the party proceeding is under the Davis-Bacon served, setting forth with particularity Act) against whom the proceedings are the documents or witnesses requested. brought. The party served shall have 15 days to [49 FR 10627, Mar. 21, 1984, as amended at 56 respond or object thereto unless a FR 54708, Oct. 22, 1991; 82 FR 2226, Jan. 9, shorter or longer time is ordered by the 2017] Administrative Law Judge. The parties shall produce documents and witnesses § 6.3 Service; copies of documents and to which no privilege attaches which pleadings. are in the control of the party, if so or- (a) Manner of service. Service upon dered by the Administrative Law Judge any party shall be made by the party upon motion therefor by a party. If a filing the pleading or document by de- privilege is claimed, it must be specifi- livering a copy or mailing a copy to the cally claimed in writing prior to the last known address. When a party is hearing or orally at the hearing or dep- represented by an attorney, the service osition, including the reasons therefor. should be upon the attorney. In no event shall a statement taken in (b) Proof of service. A certificate of confidence by the Department of Labor the person serving the pleading or or other Federal agency be ordered to other document by personal delivery or be produced prior to the date of testi- by mailing, setting forth the manner of mony at trial of the person whose said service shall be proof of the serv- statement is at issue unless the con- ice. Where service is made by mail, sent of such person has been obtained. 141 VerDate Sep<11>2014 15:39 Nov 23, 2020 Jkt 250116 PO 00000 Frm 00151 Fmt 8010 Sfmt 8010 Y:\SGML\250116.XXX 250116 § 6.6 29 CFR Subtitle A (7–1–20 Edition) § 6.6 Administrative Law Judge. § 6.8 Transmission of record. (a) Equal Access to Justice Act. Pro- If a petition for review of the Admin- ceedings under this part are not sub- istrative Law Judge’s decision is filed ject to the provisions of the Equal Ac- with the Administrative Review Board, cess to Justice Act (Pub. L. 96–481). In the Chief Administrative Law Judge any hearing conducted pursuant to the shall promptly transmit the record of provisions of this part 6, Administra- the proceeding. tive Law Judges shall have no power or If a petition for review is not filed authority to award attorney fees and/ within the time prescribed in this part, or other litigation expenses pursuant the Chief Administrative Law Judge to the provisions of the Equal Access shall so advise the Administrator. to Justice Act. (b) Contumacious conduct: failure or re- Subpart B—Enforcement Pro- fusal of a witness to appear or answer. ceedings Under the Service Contumacious conduct at any hearing Contract Act (and Under the before an Administrative Law Judge Contract Work Hours and shall be ground for exclusion from the Safety Standards Act for Con- hearing., In cases arising under the tracts Subject to the Service Service Contract Act, the failure or re- Contract Act) fusal of a witness to appear at any hearing or at a deposition when so or- § 6.15 Complaints. dered by the Administrative Law Judge, or to answer any question which (a) Enforcement proceedings under has been ruled to be proper, shall be the Service Contract Act and under the Contract Work Hours and Safety ground for the action provided in sec- Standards Act for contracts subject to tion 5 of the Act of June 30, 1936 (41 the Service Contract Act, may be insti- U.S.C.
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