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Trial Examiner, Department of Labor (1) Simplification of the issues; or with the Trial Examiner designated (2) The necessity or desirability of to conduct the hearing, setting forth amending the pleadings for purposes the position and interest of the peti. of clarification, amplification or limitioner and the grounds of the pro- tation; posed intervention. The Chief Trial (3) Obtaining stipulations of fact or Examiner, or the Trial Examiner, as admissions of undisputed facts or the the case may be, may grant leave to in authenticity of documents; tervene to such extent and upon such (4) The procedure at the hearing; terms as he shall deem just.
(5) Limiting the number of wit
nesses; $ 50-203.6 Witnesses and subpoenas.
(6) The propriety of mutual ex(a) Witnesses shall be examined change among parties of prepared tesorally under oath except that for good timony or exhibits; or and exceptional cause the Trial Exam (7) Any other matters which would iner may permit their testimony to be tend to expedite the disposition of the taken by deposition under oath.
proceeding. (b) The Trial Examiner (or the Ad (b) The action taken at the conferministrator holding the hearing as ence may be recorded, in summary provided in $ 50-203.8(m)) shall upon form or otherwise, for use at the hearapplication by any party, and upon a ing. Such record, when agreed to by showing of general relevance and rea the parties and approved by the Trial sonable scope of the evidence sought, Examiner, shall be conclusive as to the issue subpoenas requiring the attend action embodied therein. Stipulations ance and testimony of witnesses and and admissions of fact and amendthe production of evidence under oath, ments to pleadings shall be made a including books, records, correspond part of the record of the proceeding. ence, or documents. Applications for the issuance of subpoenas duces tecum $ 50-203.8 Hearing. shall specify the books, records, corre (a) The hearing for the purpose of spondence or other documents sought.
taking evidence upon a formal com(c) Witnesses summoned before the
plaint shall be conducted by a Trial Trial Examiner shall be paid the same
Examiner specifically designated by fees and mileage that are paid wit
the Secretary of Labor, or designated nesses in the courts of the United
by an authorized official of the DeStates, and witnesses whose deposi
partment of Labor, acting for the Sections are taken and the persons taking
retary of Labor. Trial Examiners shall, the same shall severally be entitled to
so far as practicable, be assigned to the same fees as are paid for like serv
cases in rotation. In case of the death, ices in the courts of the United States.
illness, disqualification or unavailabiWitness fees and mileage shall be paid
lity of the Trial Examiner presiding in by the party at whose instance the
any proceeding, another Trial Examinwitnesses appear, and the person
er may be designated to take his place. taking the depositions shall be paid by
Such hearings shall be open to the the party at whose instance the depo
public unless otherwise ordered by the sitions are taken.
Trial Examiner. (11 FR 14493, Dec. 18, 1946. Redesignated at (b) The Trial Examiners shall per24 FR 10952, Dec. 30, 1959, and amended at form no duties inconsistent with their 36 FR 289, Jan. 8, 1971)
duties and responsibilities as examin
ers. Save to the extent required for $ 50-203.7 Prehearing conferences.
the disposition of ex parte matters as (a) At any time prior to the hearing authorized by law, no Trial Examiner the Trial Examiner may, on motion of shall consult any person or party as to the parties or on his own motion, any fact in issue unless upon notice whenever it appears that the public in and opportunity for all parties to parterest will be served thereby, direct ticipate. the parties to appear before him for a (c) Trial Examiners shall act indeconference at a designated time and pendently in the performance of their place to consider, among other things: functions as examiners and shall not be responsible to, or subject to the su- cluded in the stenographic report of pervision or direction of, any officer, the hearing unless the Examiner diremployee or agent engaged in the per- ects. formance of investigative or prosecut. (k) In the discretion of the Trial Exing functions for the Department of aminer, the hearing may be continued Labor in the enforcement of the from day to day, or adjourned to a Public Contracts Act.
later date, or to a different place, by (d) At all hearings it shall be the announcement thereof at the hearing right of counsel for the Government by the Trial Examiner, or by other apto open and close, subject to the right propriate notice. of the Trial Examiner to designate, (1) Contemptuous conduct at any upon cause shown, who shall open and hearing before a Trial Examiner shall close.
be ground for exclusion from the hear(e) It shall be the duty of the Trial ing. The failure or refusal of a witness Examiner to inquire fully into the to appear at any such hearing or to facts as to whether the respondent has answer any question which has been breached or violated any of the provi
ruled to be proper shall be ground for sions of the Walsh-Healey Public Con the action provided in section 5 of the tracts Act of June 30, 1936 (49 Stat. Walsh-Healey Public Contracts Act of 2036, as amended: 41 U.S.C. 35-45), or June 30, 1936 (sec. 5, 49 Stat. 2039; 41 any rules or regulations prescribed U.S.C. 39), and in the discretion of the thereunder, as set forth in the formal Trial Examiner may be ground for the complaint. Counsel for the Govern
striking out of all testimony which ment, and the Trial Examiner, shall
may have been previously given by have the power to call, examine, and
such witness on related matters. cross-examine witnesses and to intro
(m) The Administrator of Workplace duce into the record documentary or
Standards may, in his discretion, other evidence.
direct that in lieu of the procedure set (f) Any party to the proceeding shall
forth in paragraph (a) of this section, have the right to appear at such hear
the hearing on formal complaint shall ing in person, by counsel, or otherwise,
be held in the first instance before to call, examine, and cross-examine
him; in which event the Administrator witnesses, and to introduce into the shall issue an order embodying his derecord documentary or other evidence.
cision. (g) In any such proceedings, the (11 FR 14493, Dec. 18, 1946. Redesignated at rules of evidence prevailing in courts 24 FR 10952, Dec. 30, 1959, and amended at of law or equity shall not be control- 36 FR 289, Jan. 8, 1971) ling. However, it shall be the policy to exclude irrelevant, immaterial, or
$ 50-203.9 Briefs. unduly repetitious evidence.
(a) Any interested person or organi(h) In any such proceedings, in the zation shall be entitled to file with the discretion of the Trial Examiner, stip- Trial Examiner, Department of Labor, ulations of fact may be made with re- Washington, D.C., briefs, proposed spect to any issue.
findings of fact or conclusions of law, (i) Any objection with respect to the or other written statements, within conduct of the hearing, including any the time allowed by the Trial Examinobjection to the introduction of evi er. dence, shall be stated orally, together (b) Any brief or written statement with a short statement of the grounds shall be stated in concise terms. for such objection, and included in the (c) Three copies of all such docustenographic report of the hearing. No ments shall be filed. such objection shall be deemed waived (d) Briefs or written statements of by further participation in the pro- more than twenty pages shall be propceeding.
erly indexed. (j) Unless the Trial Examiner other wise directs, any party to the proceed
$ 50-203.10 Decision of the Trial Examin. ing shall be entitled to a reasonable
er. period at the close of the hearing for (a) Following the hearing and upon oral argument, which shall not be in completion of the record, the Trial Examiner shall issue an order and deci- ten (10) days after the expiration of sion embodying his findings of fact the period within which the petition is and conclusions of law on all issues as required to be filed a brief in support to whether respondent has violated of or in opposition to the Trial Examthe representations and stipulations of iner's decision. the act and the amount of damages (c) The petition and the briefs filed due therefor, which shall become under this section shall make specific final, unless a petition for review is reference to the pages of the tranfiled under $ 50-203.11, before the ex- script or of the exhibits which are relpiration of the time provided for the evant to the errors asserted with refiling of such petition. The decision of spect to findings of fact, and objecthe Trial Examiner shall be inoper- tions to such findings which are not so ative unless and until it becomes final. supported will not be considered. If the respondent is found to have vio (d) No matter properly subject to oblated the act, the Trial Examiner in jection before the Trial Examiner will his decision shall make recommenda- be considered by the Administrator tions to the Secretary of Labor as to unless it shall have been raised before whether respondent should be relieved the Trial Examiner or unless there from the application of the ineligible were reasonable grounds for failure so list provisions of section 3 of the to do; nor will any matter be considWalsh-Healey Public Contracts Act of ered by the Administrator unless inJune 30, 1936 (sec. 3, 49 Stat. 2037; 41 cluded in the assignment or errors. In U.S.C. 37).
the discretion of the Administrator, (b) The decision of the Trial Exam review may be denied if the petition iner shall be made part of the record, and brief in support thereof fail to and a copy thereof shall be served show adequate cause for such review. upon the respondent or respondents (e) The order denying review, or the by mailing a copy thereof by regis decision of the Administrator, whichtered mail to the respondent or re- ever is entered, will be made a part of spondents or to the attorney or attor- the record, and a copy of such order or neys of record. Upon request from em- decision will be served upon the parployees or other interested persons, ties who were served with a copy of the decision will be served upon such the Trial Examiner's decision. persons, and in the discretion of the (f) If the respondent is found to Trial Examiner, the decision will be have violated the Act, the Administraserved upon such other persons or tor in his decision shall make recomtheir attorneys who appeared at the mendations to the Secretary of Labor hearing or upon brief by mailing a as to whether respondent shall be recopy thereof to such persons.
lieved from the application of the in
eligible-list provisions of section 3 of $ 50-203.11 Review.
the Walsh-Healey Public Contracts (a) Within twenty (20) days after Act (sec. 4, 49 Stat. 2039; 41 U.S.C. 37). service of the decision of the Trial Ex (g) Application for relief from the aminer any interested party to the ineligible-list provisions of section 3 proceeding may file with the Chief shall be filed by the respondent with Trial Examiner an original and four the Secretary of Labor within 20 days copies of a petition for review of the from the date of service of the Trial decision. The petition shall set out Examiner's decision or the Adminisseparately and particularly each error trator's decision. assigned. The request for review and (h) Notice of the determination of the record will then be certified to the the Secretary on the application of Administrator of Workplace Stand the ineligible-list provisions of section ards.
3 of the Walsh-Healey Public Con(b) The petitioner may file a brief tracts Act (sec. 3, 49 Stat. 2037; 41 (original and four copies) in support of U.S.C. 37) shall be served upon the his petition within the period allowed parties who were served with a copy of for the filing of the petition. Any in the Trial Examiner's decision or the terested person upon whom the deci- Administrator's decision, as the case sion has been served may file within may be.
(11 FR 14493, Dec. 18, 1946. Redesignated at 24 FR 10952, Dec. 30, 1959, and amended at 36 FR 289, Jan. 8, 1971)
[12 FR 446, Jan. 22, 1947. Redesignated at 24 FR 10952, Dec. 30, 1959, and amended at 36 FR 289, Jan. 8, 1971)
$ 50-203.12 Effective date.
Sections 50-203.1 to 50-203.11 shall become effective upon publication in the FEDERAL REGISTER (Dec. 18, 1946); Provided, however, That in any case where a hearing has begun or has been completed prior to said publication, the proceeding shall be conducted pursuant to the rules of practice in effect at the time the proceeding was initiated unless the parties stipulate in writing or orally for the record that the proceeding be conducted in accordance with $ $ 50-203.1 to 50- 203.12.
8 50-203.14 Decisions concerning excep
tions and exemptions. Decisions concerning exceptions and exemptions shall be in writing and approved by the Secretary of Labor or officer prescribed by him, originals being filed in the Department of Labor, and certified copies shall be transferred to the department or agency originating the request and to the Comptroller General. All such decisions shall be promulgated to all contracting agencies by the Office of Government Contracts Wage Standards, WSA of the Department of Labor. (36 FR 289, Jan. 8, 1971)
Subpart B-Exceptions and Exemp
tions Pursuant to Section 6 of the Walsh-Healey Public Contracts Act
Subpart C-Minimum Wage Determinations Under the Walsh-Healey Public Contracts Act
SOURCE: 17 FR 7944, Aug. 30, 1952, unless otherwise noted. Redesignated at 24 FR 10952, Dec. 30, 1959.
$ 50-203.15 Initiation of proceeding.
Wage determination proceedings may be initiated by the Secretary of Labor with respect to any industry. The proceedings may be initiated by the Secretary of Labor upon his own motion or upon the request of any party showing a proper interest in the industry.
§ 50-203.13 Requests for exceptions and
exemptions. (a) Request for the exception or exemption of a contract or class of contracts from the inclusion or application of one or more of those stipulations required by $ 50-201.1 of this chapter must be made by the head of a contracting agency or department and shall be accompanied with a finding by him setting forth reasons why such inclusion or application will seriously impair the conduct of Government business.
(b) Request for the exception or exemption of a stipulation respecting minimum rates of pay and maximum hours of labor contained in an existing contract must be made jointly by the head of a contracting agency and the contractor and shall be accompanied with a joint finding by them setting forth reasons why such exception or exemption is desired.
(c) All requests for exceptions or exemptions which relate solely to safety and health standards shall be transmitted directly to the Bureau of Labor Standards, WSA, Department of Labor. All other requests for exceptions or exemptions shall be transmit ted to the Office of Government Contracts Wage Standards, WSA, of the Department of Labor.
$ 50-203.16 Industry panel meetings.
The Secretary of Labor may, within his discretion, invite representatives of employers and employees in an industry to meet as an informal panel group to discuss with representatives of the Department of Labor the various questions relating to the issuance of a wage determination for the industry.
$ 50-203.17 Hearings.
(a) Hearings held for the purpose of receiving evidence with regard to prevailing minimum wages in the various industries shall be conducted by the Secretary of Labor or by a duly assigned Hearing Examiner.
(b) Due notice of hearing shall be published in the FEDERAL REGISTER.
(c) The hearing shall be steno- 850–203.19 Subpoenas and witness fees. graphically reported and a transcript made which will be available to any
(a) Subpoenas requiring the attendperson at prescribed rates upon re
ance of witnesses or the presentation quest addressed to the Secretary,
of a document from any place in the United States Department of Labor,
United States at any designated place Washington, D.C. 20210.
of hearing shall be issued by the Sec(d) At the discretion of the Presiding
retary or the Hearing Examiner upon Officer, the hearing may be continued
request and upon a timely showing, in from day to day or adjourned to a
writing, of the general relevance and later date, or to a different place by
reasonable scope of the evidence announcement thereof at the hearing
sought. Any person appearing in the or by other appropriate notice.
proceeding may apply for the issuance
of a subpoena. Such application shall § 50–203.18 Evidence.
identify exactly the witness or docu(a) Witnesses appearing at the hear
ment and state fully the nature of the
evidence proposed to be secured. ing need not be sworn. The Presiding Officer may, however, within his dis
(b) Witnesses summoned by the Seccretion, require that witnesses take an
retary shall be paid the same fees and oath or affirmation as to testimony
mileage as are paid witnesses in the submitted.
courts of the United States. Witness (b) Written statements may be filed
fees and mileage shall be paid by the any time prior to the date of the hear
party at whose instance witnesses ing by persons who cannot appear per
appear, and the Secretary before issu
ing a subpoena may require a deposit sonally. (c) Written documents and exhibits
of an amount adequate to cover the shall be tendered in quadruplicate.
fees and mileage involved. When evidence is embraced in a docu
$ 50-203.20 Examination of witnesses. ment containing matter not intended to be put in evidence, within the dis
The Presiding Officer shall, consistcretion of the Presiding Officer, such
of the Presiding Officer, such ent with orderly procedure, permit a document will not be received but any person appearing at the hearing the person offering the same may to conduct such examination or crosspresent to the Presiding Officer the examination of any witness as may be original document together with two required for a full and true disclosure copies of those portions of the docu- of the facts, and to object to the adment intended to be put in evidence. mission or exclusion of evidence. Ob
(d) At any stage of the hearing, the jections to the admission or exclusion Presiding Officer may call for further of evidence shall be stated briefly with evidence upon any matter. After the the reasons relied on. Such objections hearing has been closed, no further shall become a part of the record, but evidence shall be taken, except at the the record shall not include argument request of the Secretary, unless provi thereon except as ordered by the Presion has been made at the hearing for siding Officer. the later receipt of such evidence. In the event that the Secretary shall
850-203.21 Decisions. cause the hearing to be reopened for (a) Within 30 days after the close of the purpose of receiving further evi- the hearing, each interested person dence, due and reasonable notice of appearing at the hearing may file with the time and place fixed for such the Presiding Officer an original and taking of testimony shall be given to four copies of a statement containing all persons who have appeared at the proposed findings of fact and concluhearing or filed a notice of intention sions of law, together with reasons for to appear at the hearing.
such proposals. Whenever the Presid(e) The rules of evidence prevailing ing Officer is a duly assigned Hearing in courts of law or equity shall not be Examiner, he shall, immediately folcontrolling. However, it shall be the lowing the termination of the thirtypolicy to exclude irrelevant, immateri. day period provided for the filing of al, or unduly repetitious evidence. proposed findings and conclusions, cer