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Trial Examiner, shall have the power to call, examine, and cross-examine witnesses and to introduce into the record documentary or other evidence.
(f) Any party to the proceeding shall have the right to appear at such hearing in person, by counsel, or otherwise, to call, examine, and cross-examine witnesses, and to introduce into the record documentary or other evidence.
(g) In any such proceedings, the rules of evidence prevailing in courts of law or equity shall not be controlling. However, it shall be the policy to exclude irrelevant, immaterial, or unduly repetitious evidence.
(h) In any such proceedings, in the discretion of the Trial Examiner, stipulations of fact may be made with respect to any issue.
(i) Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, shall be stated orally, together with a short statement of the grounds for such objection, and included in the stenographic report of the hearing. No such objection shall be deemed waived by further participation in the proceeding.
(j) Unless the Trial Examiner otherwise directs, any party to the proceeding shall be entitled to a reasonable period at the close of the hearing for oral argument, which shall not be included in the stenographic report of the hearing unless the Examiner directs.
(k) In the discretion of the Trial Examiner, the hearing may be continued from day to day, or adjourned to a later date, or to a different place, by announcement thereof at the hearing by the Trial Examiner, or by other appropriate notice.
(1) Contemptuous conduct at any hearing before a Trial Examiner shall be ground for exclusion from the hearing. The failure or refusal of a witness to appear at any such hearing or to answer any question which has been ruled to be proper shall be ground for the action provided in section 5 of the Walsh-Healey Public Contracts Act of June 30, 1936 (sec. 5, 49 Stat. 2039; 41 U. S. C. 39), and in the discretion of the Trial Examiner may be ground for the striking out of all testimony which may have been previously given by such witness on related matters.
(m) The Secretary of Labor may, in his discretion, direct that, in lieu of the
procedure set forth in paragraph (a) of this section, the hearing on formal complaint shall be held in the first instance before the Administrator, in which event the Administrator shall issue an order embodying his decision.
203.9 Briefs. (a) Any interested person or organization shall be entitled to file with the Trial Examiner, Department of Labor, Washington, D. C., briefs, proposed findings of fact or conclusions of law, or other written statements, within the time allowed by the Trial Examiner.
(b) Any brief or written statement shall be stated in concise terms.
(c) Three copies of all such documents shall be filed.
(d) Briefs or written statements of more than twenty pages shall be properly indexed.
$ 203.10 Decision of the Trial Examiner. (a) Following the hearing and upon completion of the record, the Trial Examiner shall issue an order and decision embodying his findings of fact and conclusions of law on all issues as to whether respondent has violated the representations and stipulations of the act and the amount of damages due therefor, which shall become final, unless a petition for review is filed under $ 203.11, before the expiration of the time provided for the filing of such petition. The decision of the Trial Examiner shall be inoperative unless and until it becomes final. If the respondent is found to have violated the act, the Trial Examiner in his decision shall make recommendations to the Secretary of Labor as to whether respondent should be relieved from the application of the ineligible list provi. sions of section 3 of the Walsh-Healey Public Contracts Act of June 30, 1936 (sec. 3, 49 Stat. 2037; 41 U. S. C. 37).
(b) The decision of the Trial Examiner shall be made part of the record, and a copy thereof shall be served upon the respondent or respondents by mailing a copy thereof by registered mail to the respondent or respondents or to the attorney or attorneys of record. Upon request from employees or other interested persons, the decision will be served upon such persons, and in the discretion of the Trial Examiner, the decision will be served upon such other persons or their attorneys who appeared at the hearing or upon brief by mailing a copy thereof to such persons.
$ 203.11 Review. (a) within twenty (20) days after service of the decision of the Trial Examiner any interested party, including the trial attorney for the Government, upon whom such decision has been served, may file with the Chief Trial Examiner an original and four copies of a petition for review of the decision by the Administrator which shall set out separately and particularly each error asserted. The request for review and the record will then be certified to the Administrator.
(b) The petitioner may file a brief (original and four copies) in support of his petition within the period allowed for the filing of the petition, Any interested person upon whom the decision has been served may file within ten (10) days after the expiration of the period within which the petition is required to be filed a brief in support of or in opposition to the Trial Examiner's decision.
(c) The petition and the briefs filed under this section shall make specific reference to the pages of the transcript or of the exhibits which are relevant to the errors asserted with respect to findings of fact, and objections to such findings which are not so supported will not be considered.
(d) No matter properly subject to objection before the Trial Examiner will be considered by the Administrator unless it shall have been raised before the Trial Examiner or unless there were reasonable grounds for failure so to do; nor will any matter be considered by the Administrator unless included in the assignment of errors. In the discretion of the Administrator review may be denied if the petition and brief in support thereof fail to show adequate cause for such review.
(e) The order denying review, or the decision of the Administrator, whichever is entered, will be made a part of the record, and a copy of such order or deci. sion will be served upon the parties who were served with a copy of the Trial Examiner's decision,
(f) If the respondent is found to have violated the act, the Administrator in his decision shall make recommendations to the Secretary of Labor as to whether respondent shall be relieved from the application of the ineligible-list provisions of section 3 of the Walsh-Healey Contracts Act (sec. 4, 49 Stat. 2039; 41 U. S. C. 37).
(g) Application for relief from the ineligible-list provisions of section 3 shall be filed by the respondent with the Secretary of Labor within twenty days from the date of service of the Trial Examiner's decision or the Administrator's decision, as the case may be.
(h) Notice of the determination of the Secretary on the application of the ineligible-list provisions of section 3 of the Walsh-Healey Public Contracts Act (sec. 3, 49 Stat. 2037; 41 U. S. C. 37) shall be served upon the parties who were served with a copy of the Trial Examiner's decision or the Administrator's decision as the case may be.
§ 203.12 Effective date. Section 203.1 to 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 203.1 to 203.12. SUBPART B-EXCEPTIONS AND EXEMPTIONS
PURSUANT TO SECTION 6 OF THE WALSHHEALEY PUBLIC CONTRACTS ACT SOURCE: $8 203.13 and 203.14 appear at 12 F. R. 446.
8 203.13 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 8 201.1 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 ex: emption 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 and exemptions shall be transmitted to the Public Contracts Division of the Department of Labor.
$ 203.14 Decisions concerning excep- amended; 29 U. S. C. 201-219) or the tions and exemptions. Decisions con- Walsh-Healey Public Contracts Act (49 cerning exceptions and exemptions shall Stat. 2036, as amended; 41 U.S. C. 35-45) be in writing and approved by the Sec- are responsible for strict compliance with retary of Labor or oficer prescribed by the provisions thereof and the regulahim, originals being filed in the Depart- tions issued pursuant thereto. ment of Labor, and certified copies shall
(c) Any statements, orders, or instrucbe transferred to the department or tions inconsistent herewith are rescinded. agency originating the request, to the
(Sec. 4, 49 Stat. 2038; 41 U. S. C. 38) (12 Comptroller General, and to the Bureau
F. R. 3916) of Federal Supply of the Treasury. All such decisions shall be promulgated to
NOTE: The text of $ 210.0 General enforceall contracting agencies by the Public
ment policy is identical to that of $ 775.0
under 29 CFR Chapter V. Contracts Division of the Department of Labor.
$ 210.1 Coverage under the Walsh
Healey Public Contracts Act of truck Part 210 Statements of General drivers employed by oil dealers. (a) The
Division of Public Contracts returns to Policy and Interpretation Not
the interpretation contained in Rulings Directly Related to Regulations and Interpretations No. 2' with respect
to coverage under the Walsh-Healey Sec.
Public Contracts Act of truck drivers em210.0 General enforcement policy. 210.1 Coverage under the Walsh-Healey
ployed by oil dealers, by amending section Public Contracts Act of truck drivers
40 (e) (1) of Rulings and Interpretations employed by oil dealers.
No. 3° to read as follows: $ 210.0 General enforcement policy.
(1) Where the contractor is a dealer, (a) In order to clarify at this time the
the act applies to employees at the central practices and policies which will guide
distributing plant, including warehousethe administration and enforcement of
men, compounders, and chemists testing the Fair Labor Standards Act of 1938 (52
the lot out of which the Government orStat. 1060, as amended, 29 U. S. C. 201
der is filled, the crews engaged in loading 219), and the Walsh-Healey Public Con
the materials in vessels, tank cars or tank tracts Act (49 Stat. 2036, as amended;
wagons for shipment, and truck drivers 41 U. S. C. 35–45), as affected by the
engaged in the activities described in secPortal-to-Portal Act of 1947 (Pub. Law
tion 37 (m) above. However, the con49, 80th Cong.), the following policy is
tractor is not required to show that the announced effective June 30, 1947:
employees at the bulk stations, including
truck drivers, are employed in accord(b) The investigation, inspection and
ance with the standards of the act. enforcement activities of all officers and
(Bulk stations as the term is used herein agencies of the Department of Labor as
are intermediate points of storage bethey relate to the Fair Labor Standards
tween a central distributing plant and Act (52 Stat. 1060, as amended, 29 U. S. C.
service stations.) 201-219) and the Walsh-Healey Public
(Sec. 4, 49 Stat. 2038; 41 U. S. C. 38) (12 Contracts Act of June 30, 1936 (49 Stat.
F. R. 2477] 2036, as amended; 41 U. S. C. 35–45), will be carried out on the basis that all em
1 Not Alled with Division of the Federal ployers in all industries whose activities
Register. are subject to the provisions of the Fair 2 Refers to Rulings and Interpretations Labor Standards Act (52 Stat. 1060, as No. 3.
CHAPTER 11I-COMMITTEE ON PURCHASES OF
Part 301 Purchases of Blind- lished by affidavits filed with the Na
tional Industries for the Blind. Made Products
(c) "Ordering ofice" means any execuSec. 301.1 Definitions.
tive department, independent establish301.2 National Industries for the Blind ment, board, commission, bureau, servdesignatea.
ice, or division of the United States, and 301.8 Bureau of Federal Supply to co- any corporation, all the stock of which ordinate.
is beneficially owned by the United 301.4 Schedule of blind-made products. States. 301.5 Products made by Federal Prison Industries, Inc.
8 301.2 National Industries for the 801.6 Allocation procedure.
Blind designated. The National Indus301.7 Clearances.
tries for the Blind (hereinafter referred 301.8 Purchase procedure.
to as “National Industries”) is designated 301.9 Agencies for the blind; restrictions. 301.10 Reports.
as the agency to facilitate the distribu
tion of orders among the agencies for the AUTHORITY: $$ 301.1 to 301.10 issued under blind. National Industries shall mainsec. 2, 52 Stat. 1196; 41 U.S. C. 47.
tain a record of all non-profit-making SOURCE: $$ 301.1 to 301.10 appear at 10 F. R. agencies for the blind organized under 5807, except as noted following sections af. the laws of the United States or of any fected. Redesignated at 11 F. R. 1438.
State, and statistical data showing their $ 301.1 Definitions. As used in this
respective quantity production of the part:
commodities specified in the schedule of (a) “Blind" means a person having
blind-made products available for sale visual acuity not to exceed 20/200 in the
to ordering ofices, so that orders may be better eye with correcting lenses; or vis
equitably distributed among agencies for
the blind. ual acuity greater than 20/200 but with & limitation in the fields of vision such § 301.3 Bureau of Federal Supply to that the widest diameter of the visual coordinate. The Bureau of Federal Supfield subtends an angle no greater than ply, Treasury Department, is designated 20 degrees.
to coordinate purchases by ordering offi(b) “Non-profit-making agency for the
ces of the blind-made commodities speciblind" (hereinafter referred to as
fied by the Committee on Purchases of
Blind-made Products (hereinafter re"agency for the blind") means any organization operated in the interest of the
ferred to as the "Committee”). blind, the net income of which does not $ 301.4 Schedule of blind-made prodinure in whole or in part to the benefit ucts. The Committee will issue to orderof any shareholder or individual as estab- ing offices, through the Bureau of Federal