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$ 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. $ 50–203.16 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 stenographically reported and a transcript made which will be available to any person at prescribed rates upon request addressed to the Secretary, United States Department of Labor, Fourteenth Street and Constitution Avenue, Northwest, Washington 25, D.C.
(d) At the discretion of the Presiding Officer, 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 or by other appropriate notice. $ 50–203.18 Evidence.
(a) Witnesses appearing at the hearing need not be sworn. The Presiding Officer may, however, within his discretion, require that witnesses take an oath or affirmation as to testimony submitted.
(b) Written statements may be filed any time prior to the date of the hearing by persons who cannot appear personally.
(c) Written documents and exhibits shall be tendered in quadruplicate. When evidence is embraced in a document containing matter not intended to be put in evidence, within the discretion
of the Presiding Officer, such a document will not be received but the person offering the same may present to the Presiding Oficer the original document together with two copies of those portions of the document intended to be put in evidence.
(d) At any stage of the hearing, the Presiding Officer may call for further evidence upon any matter. After the hearing has been closed, no further evidence shall be taken, except at the request of the Secretary, unless provision has been made at the hearing for the later receipt of such evidence. In the event that the Secretary shall cause the hearing to be reopened for the purpose of receiving further evidence, due and reasonable notice of the time and place fixed for such taking of testimony shall be given to all persons who have appeared at the hearing or filed a notice of intention to appear at the hearing.
(e) 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. $50–203.19 Subpoenas and witness fees.
(a) Subpoenas requiring the attendance of witnesses or the presentation of a document from any place in the United States at any designated place of hearing shall be issued by the Secretary or the Hearing Examiner upon request and upon a timely showing, in writing, of the general relevance and reasonable scope of the evidence sought. Any person appearing in the proceeding may apply for the issuance of a subpoena. Such application shall identify exactly the witness or document and state fully the nature of the evidence proposed to be secured.
(b) Witnesses summoned by the Secretary shall be paid the same fees and mileage as are paid witnesses in the courts of the United States. Witness fees and mileage shall be paid by the party at whose instance witnesses appear, and the Secretary before issuing a subpoena may require a deposit of an amount adequate to cover the fees and mileage involved. $ 50–203.20 Examination of witnesses.
The Presiding Officer shall, consistent with orderly procedure, permit any per§ 50–203.22 Effective date of determi
nations. Any minimum wage determination issued as a result of hearings held under this subpart shall take effect not less than 30 days after due notice is given of the issuance thereof by publication in the FEDERAL REGISTER, or at such time prior thereto as may be provided therein upon good cause found and published therewith.
PART 50–210—STATEMENTS OF GEN
ERAL POLICY AND INTERPRETA-
Sec. 50-210.0 General enforcement policy. 50–210.1 Coverage under the Walsh-Healey
Public Contracts Act of truck drivers employed by oil dealers.
AUTHORITY: 88 50–210.0 and 50–210.1 issued under sec. 4, 49 Stat. 2038; 41 U.S.C. 38.
son appearing at the hearing to conduct such examination or cross-examination of any witness as may be required for a full and true disclosure of the facts, and to object to the admission or exclusion of evidence. Objections to the admission or exclusion of evidence shall be stated brietly with the reasons relied on. Such objecticns shall become a part of the record, but the record shall not include argument thereon except as ordered by the Presiding Officer. $ 50–203.21 Decisions.
(a) Where the hearing is held before the Secretary, within fifteen (15) days after the close of the hearing, any interested person appearing at the hearing may submit for the consideration of the Secretary an original and four copies of a statement in writing containing proposed findings and conclusions, together with supporting reasons therefor.
(b) Where the hearing is held before a Hearing Examiner, a complete record of the proceedings shall be certified to the Secretary upon the close of the hearing. The Secretary shall thereupon issue a proposed decision in the matter, which shall become a part of the record and include a statement of his findings and conclusions, as well as the reasons and basis therefor and the appropriate wage determination. Notice of the Secretary's proposed decision shall be published in the FEDERAL REGISTER.
(c) Within fifteen (15) days after such notice of the Secretary's proposed decision is published in the FEDERAL REGISTER, any interested person may file with the Secretary a statement in writing (or and four copies) setting forth any exceptions he may have to such decision, together with supporting reasons for such exceptions.
(d) After the expiration of the fifteen day periods referred to in paragraphs (a) and (c) of this section, and after consideration of all relevant matter presented as provided in such paragraphs, the Secretary shall make his final decision in the matter, and shall issue a minimum wage determination in accordance with such decision. Such minimum wage determination shall be published in the FEDERAL REGISTER.
$ 50–210.0 General enforcement policy.
(a) In order to clarify at this time the practices and policies which will guide the administration and enforcement of the Fair Labor Standards Act of 1938 (52 Stat. 1060, as amended, 29 U.S.C. 201219), and the Walsh-Healey Public Contracts Act (49 Stat. 2036, as amended; 41 U.S.C. 35–45), as affected by the Portal-to-Portal Act of 1947 (Pub. Law 49, 80th Cong.), the following policy is announced effective June 30, 1947:
(b) The investigation, inspection and enforcement activities of all officers and agencies of the Department of Labor as they relate to the Fair Labor Standards Act (52 Stat. 1060, as amended, 29 U.S.C. 201-219) and the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U.S.C. 35–45), will be carried out on the basis that all employers in all industries whose activities are subject to the provisions of the Fair Labor Standards Act (52 Stat. 1060, as amended; 29 U.S.C. 201-219) or the Walsh-Healey Public Contracts Act (49 Stat. 2036, as amended; 41 U.S.C. 35–45) are responsible for strict compliance with the provisions thereof and the regulations issued pursuant thereto.
(c) Any statements, orders, or instructions inconsistent herewith are rescinded. [12 F.R. 3916, June 17, 1947. Redesignated at 24 F.R. 10952, Dec. 30, 1959)
NOTE: The text of $ 50-210.0 General enforcement policy is identical to that of $ 775.0 under 29 CFR Chapter V. $ 50–210.1 Coverage under the Walsh
Healey Public Contracts Act of truck
drivers employed by oil dealers. (a) The Division of Public Contracts returns to the interpretation contained in Rulings and Interpretations No. 2" with respect to coverage under the Walsh-Healey Public Contracts Act of truck drivers employed by oil dealers, by amending section 40(e) (1) of Rulings and Interpretations No. 3 to read as follows:
(1) Where the contractor is a dealer, the act applies to employees at the central distributing plant, including warehousemen, compounders, and chemists testing the lot out of which the Government order is filled, the crews engaged in loading the materials in vessels, tank cars or tank wagons for shipment, and truck drivers engaged in the activities described in section 37(m) above.? However, the contractor is not required to show that the employees at the bulk stations, including truck drivers, are employed in accordance with the standards of the act. (Bulk stations as the term is used herein are intermediate points of storage between a central distributing plant and service stations.)
(12 F.R. 2477, Apr. 17, 1947. Redesignated at 24 F.R. 10952, Dec. 30, 1959)
1 Not filed with Division of the Federal Register.
2 Refers to Rulings and Interpretations No. 3.
CHAPTER 51—COMMITTEE ON PURCHASES
OF BLIND-MADE PRODUCTS
cent of the total hours of employment of all personnel engaged in the direct labor of production of all articles which are manufactured by the agency for the blind. Direct labor of production includes all work required for preparation, processing and packing, but not supervision, administration, inspection and shipping
(c) "Ordering office” means any Executive department, independent establishment, board, commission, bureau, service, or division of United States, and any corporation, all the stock of which is beneficially owned by the United States.
PART 51-1-PURCHASES OF BLIND
MADE PRODUCTS Sec. 51-1.1 Definitions. 51-1.2 National Industries for the Blind. 51-1.3 Schedule of blind-made products. 51-1.4 Purchase procedure. 51-1.5 Clearances. 51-1.6 Agencies for the blind; restrictions. 51-1.7 Reports.
AUTHORITY: $ $ 51-1.1 to 51-1.7 issued under sec. 2, 52 Stat. 1196; 41 U.S.C. 47.
SOURCE: $ $ 51-1.1 to 51–1.7 appear at 22 F.R. 3317, May 11, 1957, except as otherwise noted. Redesignated at 24 F.R. 10952, Dec. 30, 1959. § 51-1.1 Definitions.
As used in this part:
(a) “Blind” means a person having visual acuity not to exceed 20/200 in the better eye with correcting lenses; or visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
(b) “Non-profit-making agency for the blind" (hereinafter referred to as "agency for the blind") means any organization operated in the interest of the blind, the net income of which does not inure in whole or in part to the benefit of any shareholder or individual and which employs blind persons to an extent constituting not less than 75 per
§ 51-1.2 National Industries for the
Blind designated. National Industries for the Blind (hereinafter referred to as “National Industries”) is designated as the agency to facilitate the distribution of orders among the agencies for the blind. National Industries shall maintain a record of all non-profit-making agencies for the blind organized under the laws of the United States or of any State, and statistical data showing their respective quantity production of the commodities specified in the schedule of blind-made products available for sale to ordering offices, so that the orders may be equitably allocated among such agencies for the blind.
§ 51-1.3 Schedule of blind-made prod.
The Committee will issue to ordering offices, through the Federal Supply Service, a schedule of blind-made products (hereinafter referred to as the “schedule") setting forth data concerning blind-made commodities to be purchased. § 51-1.4 Purchase procedure.
Any ordering office requiring a commodity listed in the schedule, when authorized to purchase directly from agencies for the blind, will advise National Industries as to the items required, quantities thereof, and the required delivery dates, and will request an allocation from National Industries. National Industries shall determine whether any agency or agencies for the blind can fill the requirement and will allocate orders equitably among agencies for the blind. Upon receipt of the allocation from National Industries orders will be placed, in accordance with the allocation, with the designated agencies for the blind. § 51-1.5 Clearances.
(a) The Federal Supply Service may grant any ordering office a clearance to purchase from commercial sources any item listed in the schedule when the Federal Supply Service determines that a clearance is necessary to meet emergency requirements. Two copies of any such clearance issued, together with a statement as to the emergency involved, will be sent by the Federal Supply Service to National Industries within thirty days after issuance thereof.
(b) Any ordering office may purchase from commercial sources any item or items listed in the schedule to meet requirements (1) of military necessity which require delivery within two weeks; or (2) that total twenty-five dollars ($25.00) or less; or (3) that are for use outside the continental United States.
(c) Whenever an ordering office has requested an allocation from National Industries and in reply has been furnished with a statement by National Industries listing items that none of the agencies for the blind can furnish within the period specified in the request for an allocation the ordering office may purchase the items, and quantities, thereof, listed in the statement from commercial sources, provided that pur
chase action to secure such items is instituted within 30 days from the date of the statement by National Industries or within such further period as may be indicated in the statement by National Industries. § 51-1.6 Agencies for the blind; restric
tions. (a) No commodity listed in the schedule shall be delivered to any ordering office by an agency for the blind, unless such commodity or ones involving similar manufacturing processes shall have been produced and sold to any buyer by the particular agency for the blind within the 6 months preceding delivery of such commodity to any ordering office.
(b) Each agency for the blind shall keep on file an eye record card containing information that will establish whether a person employed in the production of commodities listed in the schedule is blind as defined in § 301.1 (a). Copies of these cards shall also be filed with National Industries.
(c) (1) As a prerequisite to participating in such Government orders, agencies for the blind shall file with National Industries, (i) if they are corporate bodies, copies of their articles of incorporation, constitution and bylaws or other instruments of similar import or (ii) if they are instrumentalities of a State, copies of State laws, showing their authority and permitted activities. Such documents shall be accompanied by a list of the articles which the agency for the blind proposes to furnish the Government and a certificate that such items or ones involving similar manufacturing processes have been produced and sold during the preceding six months. The agency for the blind shall also furnish a statement of the facilities and equipment that are available to and in use by the agency.
(2) Upon receipt of this material, National Industries shall inspect or examine the production facilities and make recommendations to the Committee regarding participation by the agency for the blind. If the Committee approves the participation of such agency National Industries will include the agency in its allocations of Government orders.
(3) If National Industries consider it desirable, such agencies may be permitted to participate in Government