The following classes of contracts have been exempted from the application of §50-201.1 pursuant to the procedure required under section 6 of the act: (a) Contracts for public utility services including electric light and power, water, steam, and gas; (b) Contracts for materials, supplies, articles, or equipment no part of which will be manufactured or furnished within the geographic limits of the States of the United States of America, Puerto Rico, the Virgin Islands, or the District of Columbia: In addition, the representations and stipulations required by the act and this part in any contract for materials, supplies, articles, or equipment to be manufactured or furnished in part within and in part outside such geographic limits shall not be applicable to any work performed under the contract outside such geographic limits; (c) Contracts covering purchases against the account of a defaulting contractor where the stipulations required in this section were not included in the defaulted contract; (d) Contracts awarded to sales' agents or publisher representatives, for the delivery of newspapers, magazines or periodicals by the publishers thereof. [25 FR 12553, Dec. 8, 1960] 850-201.604 Partial administrative exemptions. (a) Contracts with a person who regularly buys and sells coal on his own account in lots of not less than a cargo or railroad carload, or with a person who is authorized by one or more persons engaged in mining coal to negotiate and conclude contracts for the furnishing thereof in such lots, are exempt from the requirement of section 1(a) of the act and §50-201.1 that such person represent that he is a manufacturer or a regular dealer in coal: Provided, however, That all the following terms and conditions are met: (1) That such person will notify the persons engaged in mining the coal that the purchaser thereof is the United States and that provisions of the Public Contracts Act are applicable; and (2) That such person, apart from the liability of the mines, shall be liable for the observance in the mines of all the labor standards provided in section 1 of the act; and (3) That such person notify the contracting agency that he will accept the contract upon the terms and conditions set forth above. (b) Commodity exchange contracts entered into by the Commodity Credit Corporation under the Commodity Credit Corporation Charter Act (sections 4(h), 5(d) and (f), 62 Stat. 1070 and 1072, 15 U.S.C. 714b(h), 714c(d) and (f)), section 416 of the Agricultural Act of 1949 (63 Stat. 1058, 7 U.S.C. 1431), section 103(a)(2) of the Agricultural Act of 1954 (68 Stat. 898, 7 U.S.C. 1743(a)(2), or section 303 of the Agricultural Trade Development and Assistance Act of 1954 (68 Stat. 459, 7 U.S.C. 1692), are exempt from the requirement of section 1(a) of the act and of §50-201.1 that the Government contractor represents that he is the manufacturer of or a regular dealer in the materials, supplies, articles or equipment to be manufactured or used in the performance of the contract. (c) A contractor who operates and maintains a place of business where he regularly engages in the business of an export merchant, and regularly buys from manufacturers and resells exclusively for export materials, supplies, articles, or equipment of the general character described by the specifications and required under a contract shall be exempt from the requirement of section 1(a) of the act and of paragraph (a) of § 50-201.1 that the contractor be a regular dealer in the materials, supplies, or equipment to be manufactured or used in the performance of the contract: Provided, however, The following conditions are met: (1) That the contract is for the purchase of materials, supplies, articles, or equipment for export; (2) [Reserved] (3) That the export merchant will notify the persons engaged in the manufacture of the materials, supplies, articles, or equipment that the purchaser thereof is the United States and that the provisions of the Walsh-Healey Public Contracts Act are applicable; and (4) That such export merchant, apart from the liability of the manufacturer, shall be liable for the observance of all the labor standards provided in section 1 of the act; and (5) That the export merchant shall notify the contracting agency that he will accept the contract upon the terms and conditions set forth above. (d) Contracts with small business defense production pools approved by the Administrator of the Small Business Administration and contracts with small business research and development pools approved by the Administrator of the Small Business Administration are exempt from the requirement in section 1(a) of the WalshHealey Public Contracts Act and §50201.1, that the contractor is a manufacturer or regular dealer in the material, supplies, articles or equipment to be manufactured or used in the performance of the contract. con (e) Contracts with a public utility for the procurement of uranium centrates (UзOɛ), uranium hexafluoride (UF6), or enriched uranium are exempt from the requirement of Section 1(a) of the Act and §50-201.1 that the contractor be a manufacturer or regular dealer in the materials, supplies, articles, or equipment to be manufactured or used in the performance of the contract. For purposes of this exemption, a public utility is defined to be an enterprise engaged in the transmission and sale of electric power and energy and whose rates therefor are regulated under State, local, or Federal laws governing operations of public utility enterprises. [25 FR 12553, Dec. 8, 1960, as amended at 26 FR 9203, Sept. 30, 1961; 27 FR 4556, May 12, 1962; 27 FR 9060, Sept. 12, 1962; 40 FR 57805, Dec. 12, 1975] $50-201.701 Definition of "person." Whenever used in the regulations in this part, the word person includes one or more individuals, partnerships, associations, corporations, legal represent atives, trustees, trustees in bankruptcy, or receivers. [1 FR 1627, Sept. 19, 1936. Redesignated at 24 FR 10952, Dec. 30, 1959] $50-201.1101 Minimum wages. Determinations of prevailing minimum wages or changes therein will be published in the FEDERAL REGISTER by the Wage and Hour Division, ESA, of the Department of Labor. [52 FR 6147, Mar. 2, 1987] §50-201.1102 Tolerance for appren tices, student-learners, and handicapped workers. (a) Apprentices, student-learners, and workers, whose earning capacity is impaired by age or physical or mental deficiencies or injuries may be employed at wages lower than the prevailing minimum wages, determined by the Secretary of Labor pursuant to section 1(b) of the Public Contracts Act, in accordance with the same standards and procedures as are prescribed for the employment of apprentices, studentlearners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, and by the regulations of the Administrator of the Wage and Hour Division of the Department of Labor issued thereunder (29 CFR parts 520, 521, 524, 525, and 528). (b) Any certificate in effect pursuant to such regulations shall constitute authorization for employment of that worker under the Public Contracts Act in accordance with the terms of the certificate, insofar as the prevailing minimum wage is concerned. (c) The Administrator is authorized to issue certificates under the Public Contracts Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, at appropriate rates of compensation and in accordance with the standards and procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). (d) The Administrator is also authorized to withdraw, annul, or cancel such certificates in accordance with the regulations set forth in 29 CFR parts 525 and 528. [28 FR 9529, Aug. 30, 1963, as amended at 52 FR 6147, Mar. 2, 1987] § 50-201.1201 [Reserved] § 50-201.1202 Complaints. Whenever any officer or employee of the United States Government or of any agency thereof has any knowledge of, or receives any complaint with respect to, a breach or violation of the stipulations required under §50-201.1, he shall transmit such complaint according to the usual practice in his department to the Department of Labor, together with such other information as he has in his possession. [1 FR 1627, Sept. 19, 1936. Redesignated at 24 FR 10952, Dec. 30, 1959] AUTHORITY: Secs. 1, 4, and 6, 49 Stat. 2036, 2038; 41 U.S.C. 35, 38, 40. Sec. 10, 66 Stat. 308; 41 U.S.C. 43a. Subpart A-Application and § 50-202.1 Application and scope. Not less than the minimum wages prescribed in this part shall be paid to employees described in §50-201.102 of this chapter when their work relates to contracts subject to the Walsh-Healey Public Contracts Act. The minimum wages prescribed in this part shall apply to all contracts bids for which are solicited or negotiations otherwise commenced on or after the effective date of the applicable determination. Nothing in this part shall affect any obligations for the payment of minimum wages that an employer may have under any law or agreement more favorable to employees than than the requirements of this part. (Secs. 1, 4, 49 Stat. 2036, 2038; 41 U.S.C. 35, 38) [26 FR 9043, Sept. 26, 1961] Subpart B-Groups of Industries § 50-202.2 Minimum wage in all industries. In all industries, the minimum wage applicable to employees described in § 50-201.102 of this chapter shall be not less than $3.35 per hour commencing January 1, 1981, $3.80 per hour commencing April 1, 1990, and $4.25 per hour commencing April 1, 1991. [56 FR 32258, July 15, 1991] § 50-202.3 Learners, student learners, apprentices, and handicapped workers. Learners, student learners, apprentices, and handicapped workers may be employed at less than the minimum wage prescribed in §50-202.2 to the same extent such employment is permitted under section 14 of the Fair Labor Standards Act. (Sec. 6, 49 Stat. 2038; 41 U.S.C. 40) [43 FR 28495, June 30, 1978] Subpart C-(Reserved) PART 50-203-RULES OF PRACTICE Subpart A-Proceedings Under Section 5 of the Walsh-Healey Public Contracts Act Sec. 50-203.1 Reports of breach or violation. 50-203.2 Issuance of a formal complaint. 50-203.3 Answer. 50-203.4 Motions. 50-203.5 Intervention. 50-203.6 Witnesses and subpoenas. 50-203.7 Prehearing conferences. 50-203.8 Hearing. 50-203.9 Briefs. 50-203.10 Decision of the administrative law judge. 50-203.11 Review. 50-203.12 Effective date. Subpart B-Exceptions and Exemptions Pursuant to Section 6 of the WalshHealey Public Contracts Act 50-203.13 Requests for exceptions and exemptions. 50-203.14 Decisions concerning exceptions and exemptions. Subpart C-Minimum Wage Determinations Under the Walsh-Healey Public Contracts Act 50-203.15 Initiation of proceeding. 50-203.19 Subpoenas and witness fees. 50-203.22 Effective date of determinations. AUTHORITY: Sec. 4, 49 Stat. 2038; 41 U.S.C. 38. Subpart A-Proceedings Under Section 5 of the Walsh-Healey SOURCE: 11 FR 14493, Dec. 18, 1946, unless otherwise noted. Redesignated at 24 FR 10952, Dec. 30, 1959. $50-203.1 Reports of breach or violation. (a) Any employer, employee, labor or trade organization or other interested person or organization may report a breach or violation, or apparent breach or violation of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U.S.C. 35-45), or of any of the rules or regulations prescribed thereunder. (b) A report of breach or violation may be reported to the nearest office of the Wage and Hour Division, Employment Standards Administration or with the Administrator, Wage and Hour Division, Employment Standards Administration, 200 Constitution Avenue, NW., Washington, D.C. 20210. (c) [Reserved] (d) In the event that the Wage and Hour Division is notified of a breach or violation which also involves safety and health standards, such Director shall notify the appropriate Regional Director of the Bureau of Labor Standards who shall with respect to the safety and health violation take action commensurate with his responsibilities pertaining to safety and health standards. (e) The report should contain the following: (1) The full name and address of the person or organization reporting the breach or violation. (2) The full name and address of the person against whom the report is made, hereinafter referred to as the "respondent”. (3) A clear and concise statement of the facts constituting the alleged breach or violation of any of the provisions of the Walsh-Healey Public Contracts Act, or of any of the rules or regulations prescribed thereunder. (41 U.S.C. 35, 40; 5 U.S.C. 556) [32 FR 7702, May 26, 1967, as amended at 36 FR 288, Jan. 8, 1971; 61 FR 19987, May 3, 1996] $50-203.2 Issuance of a formal complaint. After a report of a breach or violation has been filed, or upon his own motion and without any report of a breach or violation having been previously filed, the Solicitor may issue and cause to be served upon the respondent a formal complaint stating the charges. Notice of hearing before an administrative law judge designated by the Secretary of Labor shall be issued and served within a reasonable time after the issuance of the complaint. A copy of the complaint and notice of hearing shall be served upon the surety or sureties. Unless the administrative law judge otherwise determines, the date of hearing shall not be sooner than 30 days after the date of issuance of the complaint. [35 FR 14839, Sept. 24, 1970, as amended at 61 FR 19987, May 3, 1996] § 50-203.3 Answer. (a) The respondent shall have the right, unless otherwise specified in the complaint and notice, within twenty (20) days after date of issuance of the formal complaint, to file an answer thereto. Such answer shall not be limited to a mere denial of the charges. It shall specifically deny or admit each of the charges, and, if the answer is in denial of any one of the charges, it shall contain a concise statement of the facts relied upon in support of the denial. Any charges not specifically denied in the answer shall be deemed to be admitted and may be so found by the the administrative law judge, unless the respondent disclaims knowledge upon which to make a denial. If the answer should admit any charge but the respondent believes there are reasons or circumstances warranting special consideration, such reasons and circumstances should be fully but concisely stated. (b) Such answer shall be in writing, and signed by the respondent or his attorney or by any other duly authorized agent with power of attorney affixed. (c) If no answer is filed, or if the answer as filed does not warrant a postponement of the hearing, such hearing will be held as scheduled. (d) The original and two copies of the answer shall be filed with the Chief administrative law judge, Department of Labor, Washington, D.C. (e) In any case where formal complaints have been amended, the respondent shall have the right to amend his answer within such time as may be fixed by the administrative law judge. [11 FR 14493, Dec. 18, 1946. Redesignated at 24 FR 10952, Dec. 30, 1959, as amended at 61 FR 19987, May 3, 1996] $50-203.4 Motions. (a) All motions except those made at the hearing shall be filed in writing with the Chief administrative law judge, Department of Labor, Washington, D.C., and shall be included in the record. Such motions shall state briefly the order or relief applied for and the grounds for such motion. The moving party shall file an original and two copies of all such motions. All motions made at the hearing shall be stated orally and included in the stenographic report of the hearing. (b) The administrative law judge designated to conduct the hearing may in his discretion reserve his ruling upon any question or motion. [11 FR 14493, Dec. 18, 1946. Redesignated at 24 FR 10952, Dec. 30, 1959, as amended at 61 FR 19987, May 3, 1996] $50-203.5 Intervention. Any employer, employee, labor or trade organization or other interested person or organization desiring to intervene in any pending proceeding prior to, or at the time it is called for hearing, but not after a hearing, except for good cause shown, shall file a petition in writing for leave to intervene, which shall be served on all parties to the proceeding, with the Chief administrative law judge, Department of Labor, or with the administrative law judge designated to conduct the hearing, setting forth the position and interest of the petitioner and the grounds of the proposed intervention. The Chief administrative law judge, or the administrative law judge, as the case may be, may grant leave to intervene to such extent and upon such terms as he shall deem just. [11 FR 14493, Dec. 18, 1946. Redesignated at 24 FR 10952, Dec. 30, 1959, as amended at 61 FR 19987, May 3, 1996] § 50-203.6 Witnesses and subpoenas. (a) Witnesses shall be examined orally under oath except that for good and exceptional cause the administrative |