Title 29--LABOR
Chapter


required under Sec. 3.3 shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of...


the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: (a)...


apply to the Secretary of Labor for permission to make any deduction not permitted under Sec. 3.5. The Secretary may grant permission whenever he finds that: (a) The...


3.6 shall comply with the requirements prescribed in the following paragraphs of this section: (a) The application shall be in writing and shall be addressed to...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR3.8] [Page 27] TITLE 29--LABOR PART 3--CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES-- Table of Contents Sec. 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of Sec. 3.6; and shall notify the applicant in writing of his decision. ...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR3.9] [Page 27] TITLE 29--LABOR PART 3--CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES-- Table of Contents Sec. 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under Sec. 3.6 are prohibited. ...


the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the...


of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part...


Contract Act of 1965, as amended, referred to hereinafter as the Act. Rules of practice for administrative proceedings under the Act and for the review of wage...


McNamara-O'Hara Act, or Service Contract Act of 1965 shall mean the Service Contract Act of 1965 as amended by Public Law 92-473, 86 Stat. 789, effective October 9, 1972,...


(a) Section 4(c) of the Service Contract Act of 1965 as amended provides special minimum wage and fringe benefit requirements applicable to every contractor...


of the Service Contract Act of 1965 provides in effect that, regardless of contract amount, no contractor or subcontractor performing work under any Federal contract the...


contracts and bid solicitations subject to section 2(a) thereof will be set forth in wage determinations issued by the Administrator. Wage determinations shall be issued...


agency shall file with the Wage and Hour Division, Employment Standards Administration, Department of Labor, its notice of intention to make a service contract. With respect...


attachment, the applicable, currently effective wage determination specifying the minimum wages and fringe benefits for service employees to be employed thereunder, including...


included in full by the contracting agency in every contract entered into by the United States or the District of Columbia, in excess of $2,500, or in an indefinite amount,...


be in excess of $10,000 and such agency does not submit Standard Form 279, FPDS Individual Contract Action Report, or its equivalent, to the Federal Procurement Data System,...


wage determinations made as provided in section 2(a)(1) and (2) of the Act, contractors and subcontractors performing contracts subject to the Act generally are...


predecessor contractor's collective bargaining agreement must be reached ``as a result of arm's-length negotiations.'' This provision precludes arrangements by parties to...


District of Columbia) shall be awarded to the persons or firms appearing on the list distributed by the Comptroller General giving the names of persons or firms who have...


under the Act in two types of determinations: (a) Prevailing in the locality. Determinations that set forth minimum monetary wages and fringe benefits determined to...


the Secretary are based on all available pertinent information as to wage rates and fringe benefits being paid at the time the determination is made. Such information is...


holiday benefits prevailing in the locality. In addition, wage determinations contain a prescribed minimum rate for all other benefits, such as insurance, pension, etc.,...


forth by job classification each provision relating to wages (such as the established straight time hourly or salary rate, cost-of-living allowance, and any shift,...


the authority to determine the minimum monetary wages and fringe benefits prevailing for various classes of service employees ``in the locality''. Although the term locality...


a service contract which is subject to the Act with the Wage and Hour Division, Employment Standards Administration, prior to any invitation for bids or the commencement...


under section 2(a) of the Act may request review and reconsideration by the Administrator. A request for review and reconsideration may be made by the contracting agency or...


subpart is to provide, pursuant to the authority cited in Sec. 4.102, official rulings and interpretations with respect to the application of the McNamara-O'Hara Service Contract...


Act (49 Stat. 2036, 41 U.S.C. 38, 39), which are made expressly applicable for the purpose, the Secretary of Labor is authorized and directed to administer and...


as the Act, was approved by the President on October 22, 1965 (1 Weekly Compilation of Presidential Documents 428). It establishes standards for minimum compensation...


of which is to furnish services in the United States through the use of service employees. Under its provisions, every contract subject to the Act (and any bid...


92-473, signed into law by the President on that date. By virtue of amendments made to paragraphs (1) and (2) of section 2(a) and the addition to section 4 of a new...


and section 2(b) applies to contracts entered into ``with the Federal Government.'' Within the meaning of these provisions, contracts entered into by the United...


are ``entered into by the * * * District of Columbia.'' The contracts of all agencies and instrumentalities which procure contract services for or on behalf of the District...


otherwise specifically provided (see Secs. 4.115 et seq.), all such contracts, the principal purpose of which is to furnish services in the United States through the use of...


the principal purpose of which is to furnish services * * *.'' If the principal purpose is to provide something other than services of the character contemplated by the Act and...


``in the United States,'' including any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Outer Continental Shelf lands as defined in...


As indicated in Sec. 4.110, the Act covers service contracts only where ``service employees'' will be used in performing the services which it is the purpose of...


is used, the term contractor as used in this part 4 shall be deemed to include a subcontractor. The term contractor as used in the contract clauses required by subpart...


which might otherwise come within its terms as procurements the principal purpose of which is to furnish services through the use of service employees. (b) The...


``any contract of the United States or District of Columbia for construction, alteration and/or repair, including painting and decorating of public buildings or public...


required to be done in accordance with the provision of the Walsh-Healey Public Contracts Act'' (49 Stat. 2036, 41 U.S.C. 35 et seq.). It will be noted that like the...


for the carriage of freight or personnel by vessel, airplane, bus, truck, express, railway line or oil or gas pipeline where published tariff rates are in effect''....


the furnishing of services by radio, telephone, telegraph, or cable companies, subject to the Communications Act of 1934.'' This exemption is applicable to contracts with...


services, including electric light and power, water, steam, and gas.'' This exemption is applicable to contracts for such services with companies whose rates therefor...


for direct services to a Federal agency by an individual or individuals.'' This exemption, which applies only to an ``employment contract'' for ``direct services,'' makes...


with the Post Office Department, [now the U.S. Postal Service], the principal purpose of which is the operation of postal contract stations.'' The exemption is limited to...


1972 authorizes the Secretary to ``provide such reasonable limitations'' and to ``make such rules and regulations allowing reasonable variations, tolerances, and exemptions...


the use of service employees, are too numerous and varied to permit an exhaustive listing. The following list is illustrative, however, of the types of services called for...


of which service employees will be used, the Act will apply to the contract, in the absence of an exemption, even though the use or furnishing of nonlabor items may be...


use of service employees within the meaning of the Act, the contract to furnish such services is not removed from the Act's coverage merely because, as a matter...


as its language is concerned, it is enough if the contract is ``entered into'' by and with the Government and if its principal purpose is ``to furnish services in the United...


of Columbia as described in Secs. 4.107-4.108 are not within the purview of the Act. Thus, the Act does not cover service contracts entered into with any agencies of...


respect to labor standards differ in the case of a covered and nonexempt contract, depending on whether the contract is or is not in excess of $2,500. Rules for...


in money or other valuable consideration, in return for the obligations assumed under the contract. Thus, even though a contractor, such as a wrecker entering into a...


clauses prescribed in Sec. 4.6 for contracts in excess of $2,500, unless the contracting officer has definite knowledge in advance that the contract will not exceed $2,500 in...


such a manner that the changed contract is considered to be a new contract for purposes of the application of the Act's provisions. The general rule with respect to...


so that its amount may exceed that figure, all the provisions of section 2(a) of the Act, and the regulations thereunder are applicable from the date of modification...


in effect is subject to the appropriation by Congress of funds for each new fiscal year. In such event, for purposes of this Act, a contract shall be deemed...


contractor is informed that award of the contract has been made, [[Page 73]] and not necessarily on the date of formal execution. However, the contractor...


in performing work on a covered contract entered into by the contractor with the Federal Government, regardless of whether they are the contractor's employees or those...


applicable, except as otherwise specifically provided, to every contract in excess of $2,500 which is entered into by the United States or the District of Columbia for...


and 4(c) of the Act, minimum monetary wages and fringe benefits to be paid or furnished the various classes of service employees performing such contract work are determined...


performing a service contract in excess of $2,500 which is subject to the Act, whose services, although necessary to the performance of the contract, are not subject...


2(a)(4) of the Act (see Sec. 4.183) are applicable, in the absence of a specific exemption, to every service employee engaged by a contractor or subcontractor to furnish...


service employees depends on whether their work for the contractor or subcontractor on a covered contract is that of a service employee as defined in section...


the Act does not include persons employed in a bona fide executive, administrative, or professional capacity as those terms are defined in 29 CFR part 541. Employees within...


the Act shall pay any employee engaged in performing work on such a contract less than the minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act....


are required to pay all employees, including those employees who are not performing work on or in connection with such contracts, not less than the general minimum wage...


contractors and subcontractors under service contracts in excess of $2,500 to service employees engaged in performance of the contract or subcontract are required to be...


contract in excess of $2,500 shall contain a provision specifying the fringe benefits to be furnished the various classes of service employees, engaged in the performance of...


to this Act and under which substantially the same services are furnished, shall pay any service employee under such contract less than the wages and fringe...


and in no event later than one pay period following the end of the pay period in which they are earned. No deduction, rebate, or refund is permitted, except as...


rate is not, however, the only unit for payment of wages that may be used for employees subject to the Act. Employees may be paid on a daily, weekly, or other time basis, or...


the timely payment of such wages to the employee either in cash or negotiable instrument payable at par. Such payment must be made finally and unconditionally and ``free...


the wage payment made to the employee below the minimum amounts required under the provisions of the Act and the regulations thereunder, or where the employee fails...


the contract and two or more rates of compensation under section 2 of the Act are applicable to the classes of work which he or she performs, the employee must...


the specified monetary wages, by the contractor or subcontractor to the employees engaged in performance of the contract, as specified in the determination of the Secretary or...


must constitute a legally enforceable obligation which meets the following criteria: (1) The provisions of a plan, fund, or program adopted by the contractor, or by...


provide the benefit, the amount specified is the actual minimum cash amount that must be provided by the employer for the employee. No deduction from the specified amount...


of service contracts performed at Federal facilities a successor contractor will utilize the employees of the previous contractor in the performance of the contract. The...


a specific number of named holidays for which payment is required. Unless specified otherwise in an applicable determination, an employee who performs any work during...


containing health and welfare and/or pension requirements specify a fixed payment per hour on behalf [[Page 90]] of each service employee. These payments...


its compensation provisions, between temporary, part- time, and full-time employees. Accordingly, in the absence of express limitations, the provisions...


are separate from and in addition to the monetary compensation required under section 2(a)(1), permits an employer to discharge his obligation to furnish the fringe...


worked in performance of a covered contract, a computation of their hours worked in each workweek when such work under the contract is performed is essential. Determinations...


throughout the period of performance on the contract and to do so with respect to all employees who in any workweek are engaged in performing work on such...


however, that other Federal laws may require such compensation to be paid to employees working on or in connection with contracts subject to the Act (see Sec. 4.181)...


stipulations requiring compliance with the overtime provisions of the Fair Labor Standards Act, contractors and subcontractors performing contracts subject to...


permit exclusion of certain fringe benefits and equivalents provided pursuant to section 2(a)(2) of the Act from the regular or basic rate of pay when computing...


to the Act which are in excess of $2,500 to contain a clause requiring the contractor or subcontractor to notify each employee commencing work on a contract to...


by Sec. 4.6(e). The display of the notice in a place where it may be seen by employees performing on the contract will satisfy the requirement that it be in a...


are specified in Sec. 4.6(g) of subpart A of this part. They are required to be maintained for 3 years from the completion of the work, and must be made available for...


2(a)(2), or 2(b) of the Act, shall render the party responsible liable for the amount of any deductions, rebates, refunds, or underpayments (which includes non- payment)...


agencies to have violated the Act shall be declared ineligible to receive further Federal contracts unless the Secretary recommends otherwise because of unusual circumstances....


Act to hold hearings and make decisions based upon findings of fact as are deemed to be necessary to enforce the provisions of the Act. Pursuant to section 4(a) of the Act,...


contract is subject upon written notice to cancellation by the contracting agency, whereupon the United States may enter into other contracts or arrangements for the...


report to any office of the Wage and Hour Division (or to any office of the Occupational Safety and Health Administration, in instances involving the safety and...


in this part are promulgated under the authority conferred upon the Secretary of Labor by Reorganization Plan No. 14 of 1950 and the Copeland Act in order to coordinate...


of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, or authorized representative. (c) The term Federal agency means...


and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or...


the Acts contained in Sec. 5.1. Agencies which do not directly enter into such contracts shall promulgate the necessary regulations or procedures to require the recipient of...


or willful (or, in the case of the Davis-Bacon Act that the contractor has disregarded its obligations to employees and subcontractors), and where restitution has...


and one-half times the basic rate of pay for all hours worked in excess of forty hours in any workweek. In the event of violation of this provision, the contractor and...


Federal agency, upon its own action or upon written request of an authorized representative of the Department of Labor, shall take such action as may be necessary to cause...


Sec. 5.5 and the applicable statutes listed in Sec. 5.1 result in underpayment of wages to employees, the Federal agency or an authorized representative of the Department...


procedures in this section may be initiated upon the Administrator's own motion, upon referral of the dispute by a Federal agency pursuant to Sec. 5.5(a)(9), or upon...


listed in Sec. 5.1 other than the Davis-Bacon Act, such contractor or subcontractor or any firm, corporation, partnership, or association in which such contractor...


in this part and in parts 1 and 3, and of the labor standards provisions of any of the statutes listed in Sec. 5.1 shall be referred to the Administrator for...


those of parts 1 and 3 of this subtitle whenever the Secretary finds that such action is necessary and proper in the public interest or to prevent injustice and undue...


Labor may provide under section 105 of the Contract Work Hours and Safety Standards Act reasonable limitations and allow variations, tolerances, and exemptions to and...


assisted construction, no contractor shall be required to obtain approval of a training program which, prior to August 20, 1975, was approved by the Department of Labor...


approved prior to August 20, 1975, or a program subsequently approved, have not been complied with, or that such a program fails to provide adequate training...


require, among other things, that the prevailing wage determined for Federal and federally-assisted construction include: (a) The basic hourly rate of pay; and (b)...


upon the Secretary of Labor the authority to predetermine, as minimum wages, those wage rates found to be prevailing for corresponding classes of laborers and...


Act the term ``wages'', ``scale of wages'', ``wage rates'', ``minimum wages'', and ``prevailing wages'' shall include-- (1) The basic hourly rate of pay; and (2)...


in wage determinations prior to the 1964 amendments. The Secretary of Labor is required to continue to make a separate finding of this portion of the wage. In general,...


of fringe benefits. Only the amount of contributions or costs for fringe benefits which meet the requirements of the act will be considered by the Secretary. These...


contributions for fringe benefits must be made to a trustee or to a third person irrevocably. The ``third person'' must be one who is not affiliated with the contractor...


plan, or program'' is merely intended to recognize the various types of arrangements commonly used to provide fringe benefits through employer contributions. The phrase...


an enforceable commitment to carry out a financially responsible plan or program, are considered fringe benefits within the meaning of the act (see 1(b)(2)(B) of the act)....


include the following: Medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance...


are includable in any Davis-Bacon wage determination. Illustrations, contained in paragraph (c) of this section, demonstrate some of the different types of...


for the payment of both straight time wages and fringe benefits by paying in cash, making payments or incurring costs for ``bona fide'' fringe benefits of the...


Act, the Contract Work Hours and Safety Standards Act, and the Walsh-Healey Public Contracts Act whenever the overtime provisions of any of these statutes apply...


provides the rules of practice for administrative proceedings under the Service Contract Act, the Davis-Bacon Act and related statutes listed in Sec. 5.1 of part 5 of this title...


Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, or authorized representative. (b) Associate Solicitor means...


(a) Manner of service. Service upon any party shall be made by the party [[Page 134]] filing the pleading or document by delivering a copy or mailing a...


All applications under the Service Contract Act for subpoenas ad testificandum and subpoenas duces tecum shall be made in writing to the Administrative Law Judge. Application for...


The parties, who shall be deemed to be the Department of Labor and the respondent(s), may serve on any other party a request to produce documents or witnesses in the control of...


to Justice Act. Proceedings under this part are not subject to the provisions of the Equal Access to Justice Act (Pub. L. 96-481). In any hearing conducted pursuant to...


parties may appear in person, by counsel, or otherwise. (b) Failure to appear. In the event that a party appears at the hearing and no party appears for the opposing...


review of the Administrative Law Judge's decision is filed with the Administrative Review Board, the Chief Administrative Law Judge shall promptly transmit the record of...


Standards Act for Contracts Subject to the Service Contract Act) Sec. 6.15 Complaints. (a) Enforcement proceedings under the...


Standards Act for Contracts Subject to the Service Contract Act) Sec. 6.16 Answers. (a) Within 30 days after the service of the complaint...


Standards Act for Contracts Subject to the Service Contract Act) Sec. 6.17 Amendments to pleadings. At any time prior to the close of...


Safety Standards Act for Contracts Subject to the Service Contract Act) Sec. 6.18 Consent findings and order. (a) At any time prior to the...


Standards Act for Contracts Subject to the Service Contract Act) Sec. 6.19 Decision of the Administrative Law Judge. (a) Proposed findings...


Standards Act for Contracts Subject to the Service Contract Act) Sec. 6.20 Petition for review. Within 40 days after the date of the...


Standards Act for Contracts Subject to the Service Contract Act) Sec. 6.21 Ineligible list. (a) Upon the final decision of the...


and Related Prevailing Wage Statutes, the Copeland Act, and the Contract Work Hours and Safety Standards Act (Except Under Contracts Subject to the Service ...


(notification letter) or answer (response) may be amended with the permission of the Administrative Law Judge and upon such terms as he/she may approve. For...


of the Administrative Law Judge, prior to the issuance of the decision of the Administrative Law Judge, the parties may enter into consent findings and an order...


order. Within 20 days of filing of the transcript of the testimony or such additional time as the Administrative Law Judge may allow, each party may file with the...


judge (or such additional time as is granted by the Administrative Review Board). any party aggrieved thereby who desires review thereof shall file a petition for review of...


Board, as appropriate, regarding violations of any statute listed in Sec. 5.1 of part 5 of this title other than the Davis- Bacon Act, the Administrator promptly...


the procedures contained in Sec. 4.12 of part 4 and Sec. 5.12(d) of part 5 of this title, and states the rules of practice applicable to hearings to determine...


Judge. (a) Upon timely receipt of a request for a hearing under Sec. 4.12 of part 4 or [[Page 140]] Sec. 5.12 of part 5 of this title, where...


At any time prior to the closing of the hearing record, the complaint (Administrator's findings) or answer (response) may be amended with the permission of the Administrative...


(a) At any time prior to the receipt of evidence or, at the discretion of the Administrative Law Judge, prior to the issuance of the decision of the Administrative Law Judge,...


Judge. (a) Proposed findings of fact, conclusions, and order. Within 30 days of filing of the transcript of the testimony, each party may file with the...


Within 30 days after the date of the decision of the Administrative Law Judge, any party aggrieved thereby who desires review thereof shall file a petition for review of the...


final decision of the Administrative Law Judge, Administrative Review Board, as appropriate, the Administrator promptly shall forward to the Comptroller General the names of...


This subpart supplements the procedures contained in Secs. 4.10 and 4.11 of part 4 of this title and states the rules of practice applicable to hearings under section 4(c) of the Act...


Judge. (a) Referral pursuant to Sec. 4.10 or Sec. 4.11 of part 4 of this title will be by an Order of Reference from the Administrator to the...


Judge and notification of prehearing conference and hearing date. Upon receipt from the Administrator of an Order of Reference, notice to the parties,...


(a) At the prehearing conference the Administrative Law Judge shall attempt to determine the exact areas of agreement and disagreement raised by the Administrator's Order...


(a) Except as provided in Sec. 6.53(c) of this title, the hearing shall commence immediately upon the close of the prehearing conference. All matters remaining in controversy,...


The Administrative Law Judge shall close the record promptly and not later than 10 days after the date of commencement of the prehearing conference. Post-hearing briefs may...


Judge. Within 15 days of receipt of the transcript, the Administrative Law Judge shall render his/her decision containing findings of fact and conclusions of...


Within 10 days after the date of the decision of the Administrative Law Judge, any interested party who participated in the proceedings before the Administrative Law Judge...


Review Board when it is exercising its jurisdiction described in paragraph (b) of this section. (b) The Board has jurisdiction to hear and decide in its...


a modification or other change in a wage determination under part 1 of this subtitle and who has requested the administrative officer authorized to make such modification...


of service shall be filed with the Administrative Review Board, U.S. Department of Labor, Washington, DC 20210. In addition, copies of the petition shall be served upon...


Timeliness is dependent upon the pertinent facts and circumstances involved, including without limitation the contract schedule of the administering agency, the nature...


(1) Be in [[Page 145]] writing and signed by the petitioner or his counsel (or other authorized representative); (2) be described as a petition for...


wage determination the Solicitor shall, among other things, file promptly with the Board a record supporting his findings and conclusions, after receipt of service of...


petitioner shall have a reasonable opportunity as specified by the Board in particular cases to submit to the Board written data, views, or arguments relating to the...


of any case whenever in its judgement a review would be inappropriate or because of lack of timeliness, the nature of the relief sought, or other reasons. (b) The...


aggrieved person shall have a right to file a petition for review with the Board (original and four copies), within a reasonable time from any final decision in any agency action...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR7.11] [Page 146] TITLE 29--LABOR PART 7--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS--Table of Contents Subpart D--Some General Procedural Matters Sec. 7.11 Right to counsel. Each interested person or party shall have the right to appear in person or by or with counsel or other qualified representative in any proceeding before the Board. ...


any interested person or party to intervene or otherwise participate in any proceeding held by the Board. Except when requested orally before the Board, a petition...


or party, the Board may consolidate in any proceeding or concurrently consider two or more appeals which involve substantially the same persons or parties, or issues...


upon its own initiative or upon request of any interested person or party direct the interested persons or parties to appear before the Board or its designee at a...


and part 70 of this subtitle, all papers and documents made a part of the official record in the proceedings of the Board and decisions of the Board shall be made available...


part shall be filed with the Executive Director of the Administrative Review Board, U.S. Department of Labor, Washington, DC 20210. (b) Number of copies. An original...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR7.17] [Page 147] TITLE 29--LABOR PART 7--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS--Table of Contents Subpart D--Some General Procedural Matters Sec. 7.17 Variations in procedures. Upon reasonable notice to the parties or interested persons, the Board may vary the procedures specified in this part in particular cases. ...


any application for an order or other relief shall be made by motion for such order or relief. Except when made orally before the Board, motions shall be in writing and shall...


when it is exercising its jurisdiction described in paragraph (b) of this section. (b) The Board has jurisdiction to hear and decide in its discretion appeals...


in a wage determination under the Service Contract Act and who has requested the Wage-Hour Administrator or authorized representative to make such modification or...


of the Wage-Hour Administrator's decision denying a request to [[Page 149]] make a change in the wage determination. (b) The Board shall under...


signed by the petitioner or his/her counsel (or other authorized representative); (2) Be addressed to the Administrative Review Board; (3) Identify clearly the...


service of the petition, file with the Board the record upon which the wage determination was based. Under no circumstances shall source data obtained by the Bureau of...


its judgment review would be inappropriate because of lack of timeliness, the nature of the relief sought, the case involves only settled issues of law, the appeal is frivolous...


Law Judge pursuant to subparts B, D or E of part 6 of this title may be filed by any aggrieved party in accordance with the provisions therein. (b) A petition...


to part 6 of this title, the Chief Administrative Law Judge shall promptly forward the record of the proceeding before the Administrative Law Judge to the Board. ...


in its judgment review would be inappropriate because of lack of timeliness, the nature of the relief sought, the case involves only settled issues of law, the appeal...


with the Executive Director of the Administrative Review Board, U.S. Department of Labor, Washington, DC 20210. (b) Number of copies. An original and four copies of...


or other final decision of the Administrator or authorized representative, the Board shall notify the parties known or believed to be interested in the case....


intervene or otherwise participate in any proceeding held by the Board. Except when requested orally before the Board, a petition to intervene or otherwise participate shall be...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR8.13] [Page 151] TITLE 29--LABOR PART 8--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL SERVICE CONTRACTS--Table of Contents Subpart D--General Procedural Matters Sec. 8.13 Right to counsel. Each interested party shall have the right to appear in person or by counsel or other representative in any proceeding before the Board. ...


proceeding or concurrently consider two or more appeals which involve substantially the same parties, or issues which are the same or closely related, if it finds that...


or other relief shall be made by motion. Except when made orally before the Board, motions shall be in writing and shall be accompanied by proof of service on all other...


upon request of any interested party direct the interested parties to appear before the Board or its designee at a specified time and place in order to simplify the...


of the Board shall be by majority vote. (b) Where petitioner consents to disposition by a single member, other interested parties shall have an opportunity to oppose...


a part of the official record in the proceedings of the Board and decisions of the Board shall be made available for public inspection during usual business hours at the Office...


Safety Standards Act are not subject to the Equal Access to Justice Act (Pub. L. 96-481). Accordingly, in any proceeding conducted pursuant to the provisions of this part 8,...


that, ``to the fullest extent possible, * * * the policies, regulations and public laws of the United States shall be interpreted and administered in accordance with the...


propose or consider actions which may require the preparation of environment assessments or environmental impact statements. These are the Occupational Safety and...


shall be responsible for the following: (1) Overall review of Department of Labor agency compliance with the requirements of NEPA, the CEQ's regulations and...


1508.18) and 40 CFR 1507.3(b)(2), the following paragraphs identify and classify Department of Labor actions which: normally will not require preparation of an...


shall begin to be examined at the time a topic for potential action is submitted to the agency staff for research, proposal development, or other consideration. During...


effective by the agency involved. When such a document is prepared in connection with a proposed action, it must be made readily available to the public either...


is required, the agency shall publish a notice of intent to prepare an environmental impact statement in the Federal Register and shall invite public participation in...


in connection with requests for new legislation or modification of existing statutes shall be handled in accordance with applicable OMB and Department of...


Property Acquisition Policies Act of 1970 (Pub. L 91-646, 84 Stat. 1894, 42 U.S.C. 4601), as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR14.1] [Page 159] TITLE 29--LABOR PART 14--SECURITY REGULATIONS--Table of Contents Subpart A--Introduction to Security Regulations Sec. 14.1 Purpose. These regulations implement Executive Order 12356, entitled National Security Information, dated April 2, 1982, and directives issued pursuant to that Order through the National Security Council and the Atomic Energy Act of 1954, as amended. ...


public. Provisions for such an informed citizenry are reflected in the Freedom of Information Act (5 U.S.C. 552) and in the current public information policies of the...


Directorate or Administrative Service and Safety and Health Programs, OASAM Member--Director, Office of Management, Administration and...


the Secretary or Under Secretary. (b) Classify--to assign information to one of the classification categories after determining that the information requires protection...


such authority, i.e., before December 1, 1978. Requests may come from members of the public or a government employee or agency. The procedures do not apply to...


of the Federal Government, provided the information has been originated by the DOL, will be honored in accordance with the following guidelines: (a) Top Secret...


procedures stated in the President's Directive entitled ``Basic Policy Governing the Release of Classified Defense Information to Foreign Governments'' dated September 25,...


custody of the primary organizational units of the Department by individuals who are not employees of the executive branch shall be approved in advance by the DOL...


to set forth regulations relating to claims asserted under the Federal Tort Claims Act, as amended, accruing on or after January 18, 1967, for money damages against the...


Labor. (b) Organizational unit means the jurisdictional area of each Assistant Secretary and each office head reporting directly to the...


injury to or loss of property may be presented by the owner of the property, his or her duly authorized agent, or his or her legal representative. (b) A claim for...


this subpart, a claim shall be deemed to have been presented when the Department receives, at a place designated in paragraph (b) of this section, a properly executed ``Claim...


(a) Personal injury. In support of a claim for personal injury, including pain and suffering, the claimant is required to submit the following evidence or...


organizational unit learns of an incident that reasonably can be expected to result in an allegation of harm caused to an individual or organization by an alleged negligent act...


adjust, determine, compromise and settle claims. The Counsel for Claims and Compensation shall have the authority to consider, ascertain, adjust, determine, compromise...


settlement of a claim under Sec. 2672 title 28, United States Code, and this subpart, in excess of $25,000 may be effected only with the prior written approval of the...


under this subpart shall be in writing, and notification of denial shall be sent to the claimant, or his or her attorney or legal representative by certified or...


claim approved under this subpart is contingent upon claimant's execution of a ``Voucher for Payment Under Federal Tort Claims Act,'' Standard Form 1145. When a claimant...


subpart applies to all claims filed by or on behalf of employees of the Department for loss of or damage to personal property incident to their service with the Department...


claim may be made pursuant to this subpart by an employee or by a spouse or authorized agent, or legal representative on behalf of the employee. If the employee is deceased,...


only if the property involved was being used incident to service with the Department and: (l) The damage or loss was not caused wholly or partly by the negligent or...


the type described in this section are only allowable subject to the restrictions noted: (a) Money or currency. Claims may be allowed for loss of money or currency...


the following: (a) Unassigned quarters in United States. Property loss or damage in quarters occupied by the claimant within the 50 States or the District of...


In the event the property which is the subject of the claim was lost or damaged while in the possession of a commercial carrier or was insured, the following procedures will apply: ...


Claims and Compensation, the Regional Solicitors, and the Associate Regional Solicitors are authorized to consider, ascertain, adjust, determine, compromise and settle...


(a) The amount allowable for damage to or loss of any item of property may not exceed the lowest of: (1) the amount requested by the claimant for the item as a result of...


the amount in settlement of each individual claim submitted and settled under this subpart shall be paid or delivered to or received by any agent or attorney on account of...


is no appeal from the decision of the deciding official in regard to claims under the Act, the deciding official may always reconsider his or her determination of a claim. ...


for damage to persons or property arising out of the operation of Job Corps which the Secretary of Labor finds to be a proper charge against the United States but which are...


of a student enrolled in the Job Corps may be considered pursuant to Sec. 436(b) of the Job Training Partnership Act (29 U.S.C. 1706(b)): (i) if the act or omission...


or by an authorized representative. It must be received by the Office of the Solicitor within two years of the date upon which the claim accrued. (b) Award. The...


of attorney fees and other expenses to eligible individuals and entities who are parties to [[Page 174]] certain administrative proceedings before the Department...


Law No. 96- 481. (b) Adversary adjudication means an adjudication under 5 U.S.C. 554 or other proceeding required by statute to be determined on the record after...


proceedings begun before October 1, 1981 if final agency action has not been taken before that date, and proceedings pending on September 30, 1984, regardless of when...


an attorney or other representative who enters an appearance and participates in the proceeding in an adversarial capacity. Any proceeding which prescribes a lawful present...


in 5 U.S.C. 551(3), to an adversary adjudication for which it seeks an award; the applicant must prevail; and must meet all the conditions of eligibility set out in...


substantive portion of the proceeding, unless the position of the Department as a party over which the applicant has prevailed was substantially justified or if...


(2) Reasonable cost of any study, analysis, engineering report, test, or project necessary for the preparation of the party's case; (3) Reasonable attorney or agent fees; ...


the Department of Labor and the other agency takes a position that is not substantially justified, the award or an appropriate portion of the award shall be made...


an award is sought. The application shall show that the applicant has prevailed and identify the position of an agency or agencies in the proceeding that the applicant...


showing the net worth of the applicant and any affiliates (as defined in Sec. 16.105(f) of this part) as of the date when the proceeding was initiated, i.e. the date...


study, analysis, engineering report, test, project or similar matter, for which an award is sought. (b) The document shall include an affidavit from each professional...


portion of the proceeding, but in no case later than 30 days after the agency's final disposition of the proceeding. (b) If review or reconsideration is sought...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR16.301] [Page 178] TITLE 29--LABOR PART 16--EQUAL ACCESS TO JUSTICE ACT--Table of Contents Subpart C--Procedures for Considering Applications Sec. 16.301 Filing and service of documents. Any application for an award or other pleading or document related to an application shall be filed with the adjudicative officer and served on all parties to the proceeding in the same manner as other pleadings in the proceeding. ...


answer to the application. Unless agency counsel requests an extension of time for filing or files a statement of intent to negotiate under paragraph (b) of this section, failure...


a settlement of the underlying proceeding, or after the underlying proceeding has been concluded, in accordance with the agency's standard settlement procedure. If...


or agency counsel, or on his or her own initiative, the adjudicative officer may order further proceedings, such as an informal conference, oral argument, additional...


eligibility and status as a prevailing party, and an explanation of the reasons for any difference between the amount requested and the amount awarded. The decisions...


to perform the review function. Either the applicant or agency counsel may seek review of the recommended decision on the fee application, or the Secretary may decide...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR16.307] [Page 179] TITLE 29--LABOR PART 16--EQUAL ACCESS TO JUSTICE ACT--Table of Contents Subpart C--Procedures for Considering Applications Sec. 16.307 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2). ...


award, accompanied by a statement that the applicant will not seek review of the decision in the United States courts. The request for payment shall be addressed...


on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergovernmental Cooperation Act of 1968. (b) These regulations are...


``Intergovernmental Review of Federal Programs.'' Secretary means the Secretary of the U.S. Department of Labor or an official or employee of the Department acting for...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR17.3] [Page 180] TITLE 29--LABOR PART 17--INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF LABOR PROGRAMS AND ACTIVITIES--Table of Contents Sec. 17.3 What programs and activities of the Department are subject to these regulations? The Secretary publishes in the Federal Register a list of the Department's programs and activities that are subject to these regulations. ...


would provide the non-Federal funds for, or that would be directly affected by, proposed Federal financial assistance from, or direct Federal development by,...


affected Federal departments and agencies in an effort to assure full coordination between such agencies and the Department regarding programs and activities covered...


accordance with Sec. 17.3 of this part for intergovernmental review under these regulations. Each state, before selecting programs and activities shall consult with local...


under Sec. 17.6, the Secretary, to the extent permitted by law: (1) Uses the official state process to determine views of state and local elected officials; and, ...


directly affected state, areawide, regional and local officials and entities: (1) At least 30 days from the date established by the Secretary to comment on...


of contact between a state process and all Federal agencies, and (2) That office or official transmits a state process recommendation for a program selected under...


point of contact, the Secretary either-- (1) Accepts the recommendation; (2) Reaches a mutually agreeable solution with the state process; or (3) Provides...


on interstate areas; (2) Notifying appropriate officials and entities in states which have adopted a process and which select the Department's program or...


choose its own submission date, and select the planning period for a state plan. (2) Consolidate means that a state may meet statutory and regulatory requirements...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR17.13] [Page 183] TITLE 29--LABOR PART 17--INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF LABOR PROGRAMS AND ACTIVITIES--Table of Contents Sec. 17.13 May the Secretary waive any provision of these regulations? In an emergency, the Secretary may waive any provision of these regulations. ...


adjudicatory proceedings before the Office of Administrative Law Judges, United States Department of Labor. Such proceedings shall be conducted expeditiously and...


leading to the formulation of a final order; (b) Administrative law judge means an administrative law judge appointed pursuant to the provisions of 5...


of all documents shall be served on all parties of record. All documents should clearly designate the docket number, if any, and short title of the matter. If the...


order issued hereunder the time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday or legal...


days after the service of a complaint, each respondent shall file an answer. (b) Default. Failure of the respondent to file an answer within the time provided shall...


be made by motion which, unless made during a hearing or trial, shall be made in writing unless good cause is established to preclude such submission, shall state...


judge may order any party to file a prehearing statement of position. (b) A prehearing statement shall state the name of the party or parties on whose behalf...


law judge's own motion, the judge may direct the parties or their counsel to participate in a conference at any reasonable time, prior to or during the course of...


commencement of a proceeding, the parties jointly may move to defer the hearing for a reasonable time to permit negotiation of a settlement or an agreement containing...


person, corporation, association, firm, partnership, trustee, receiver, agency, public or private organization, or governmental agency. A party who seeks relief or...


evidence is relevant and material to the matters at issue at each such hearing, the Chief Administrative Law Judge or the administrative law judge assigned may,...


all parties, or by leave of the administrative law judge granted upon motion, or on the request of the administrative law judge, except that consent or leave shall not be...


upon oral examination or [[Page 193]] written questions; written interrogatories; production of documents or other evidence for inspection and...


accordance with these rules, the parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the proceeding,...


for good cause shown, the administrative law judge may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or...


response that was complete when made is under no duty to supplement his response to include information thereafter acquired, except as follows: (a) A party is under a duty...


by all the parties and filed with the Chief Administrative Law Judge or the administrative law judge assigned may: (a) Provide that depositions be taken before any person,...


to be answered in writing by the party served, or if the party served is a public or private corporation or a partnership or association or governmental agency, by...


physical and mental examination. (a) Any party may serve on any other party a request to: (1) Produce and permit the party making the request, or a person acting...


purposes of the pending action only, of the genuineness and authenticity of any relevant document described in or attached to the request, or for the admission of the truth...


a party upon whom a request is made pursuant to Secs. 18.18 through 18.20, or a party upon whom interrogatories are served fails to respond adequately or objects to the request,...


at any stage of the proceeding at reasonable times. Depositions may be taken by oral examination or upon written interrogatories before any person having power to...


so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice...


Judge or the presiding administrative law judge, as appropriate, may issue subpoenas as authorized by statute or law upon written application of a party...


judge appointed under 5 U.S.C. 3105 and assigned to the Department of Labor. The presiding judge shall be designated by the Chief Administrative...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.26] [Page 198] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart A--General Sec. 18.26 Conduct of hearings. Unless otherwise required by statute or regulations, hearings shall be conducted in conformance with the Administrative Procedure Act, 5 U.S.C. 554. ...


law judge to whom the matter is referred shall notify the parties by mail of a day, time, and place set for hearing thereon or for a prehearing conference, or...


commitments or undue hardship, or a showing of other good cause. (b) Time limit for requesting. Except for good cause arising thereafter, requests for...


the administrative law judge shall have all powers necessary to the conduct of fair and impartial hearings, including, but not limited to, the following: (1)...


conduct the hearing becomes unavailable, the Chief Administrative Law Judge may designate another administrative law judge for the purpose of further hearing or...


preside in a particular proceeding, such judge shall withdraw therefrom by notice on the record directed to the Chief Administrative Law Judge. (b) Whenever any...


the performance of investigative or prosecutorial functions in connection with any proceeding shall, in that proceeding or a factually related proceeding, participate or advise...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.33] [Page 199-200] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart A--General Sec. 18.33 Expedition. Hearings shall proceed with all reasonable speed, insofar as practicable [[Page 200]] and with due regard to the convenience of the parties. ...


person, by counsel, or by other representative, to examine and cross-examine witnesses, and to introduce into the record documentary or other relevant evidence, except that...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.35] [Page 201] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart A--General Sec. 18.35 Legal assistance. The Office of Administrative Law Judges does not have authority to appoint counsel, nor does it refer parties to attorneys. ...


judge are expected to act with integrity, and in an ethical manner. (b) The administrative law judge may exclude parties, participants, and their representatives for refusal...


food or beverage, smoking, or rearranging of courtroom furniture, unless specifically authorized by the administrative law judge, are prohibited. [48 FR 32538, July...


party, on any fact in issue unless upon notice and opportunity for all parties to participate. Communications by the Office of Administrative Law Judges, the assigned judge, or...


appear. If all parties waive their right to appear before the administrative law judge or to present evidence or argument personally or by representative, it shall not be...


for any hearing, move with or without supporting affidavits for a summary decision on all or any part of the proceeding. Any other party may, within ten (10) days after...


fact is found to have been raised, the administrative law judge may issue a decision to become final as provided by the statute or regulations under which the matter is to...


at any time after commencement of a proceeding, any party may move to advance the scheduling of a proceeding. (b) Except when such proceedings are required or...


the administrative law judge may order a hearing or any part thereof closed, where to do so would be in the best interests of the parties, a witness, the public or...


the record, which is among the traditional matters of judicial notice: Provided, however, that the parties shall be given adequate notice, at the hearing or by reference...


judge may limit discovery or introduction of evidence or issue such protective or other orders as in his or her judgment may be consistent with the objective...


marked with a designation identifying [[Page 204]] the party or intervenor by whom the exhibit is offered. (b) Exchange of exhibits. When written exhibits are...


civil or criminal action is offered in evidence, a true copy of such portion shall be presented for the record in the form of an exhibit unless the administrative law judge...


embraced in a document containing other matter not material or relevant and not intended to be put in evidence, the participant offering the same shall plainly designate...


the hearing shall be deemed admitted unless written objection thereto is filed prior to the hearing, except that a party will be permitted to challenge such autheniticity at...


orally made at hearing, agree upon any pertinent facts in the proceeding. It is desirable that the facts be thus agreed upon so far as and whenever practicable. Stipulations may...


evidence upon which the administrative law judge relies for decision shall be contained in the transcript of testimony, either directly or by appropriate reference. All...


limit the time of such arguments at his [[Page 205]] or her discretion, and may allow briefs to be filed on behalf of either party but shall closely limit the...


the hearing unless the administrative law judge directs otherwise. (b) If any party waives a hearing, the record shall be closed on the date set by the...


hearing will not be received in evidence except upon ruling of the administrative law judge. Such documents when submitted shall be accompanied by proof that copies have...


judge may direct that there be a restricted access portion of the record to contain any material in the record to which public access is restricted by law or by the terms...


Within twenty (20) days of filing of the transcript of the testimony or such additional time as the administrative law judge may allow, each party may file with...


which hearing jurisdiction is conferred. If no provision is made therefor, the decision of the administrative law judge shall become the final administrative decision of...


Chief Administrative Law Judge shall promptly certify and file with the reviewing authority, appellate body, or appropriate United States District Court, a full, true, and...


General Provisions These rules govern formal adversarial adjudications of the United States Department of Labor conducted before a presiding officer. ...


of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained...


a ruling which admits or excludes evidence unless a substantial right of the party is affected, and (1) Objection. In case the ruling is one admitting evidence, a...


the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the judge, subject to...


purpose but not [[Page 207]] admissible as to another party or for another purpose is admitted, the judge, upon request, shall restrict the evidence to its...


or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which...


notice of adjudicative facts. (b) Kinds of facts. An officially noticed fact must be one not subject to reasonable dispute in that it is either: (1) Generally...


regulations prescribed by the administrative agency pursuant to statutory authority, or pursuant to executive order, a presumption imposes on the party against whom it...


element of a claim or defense as to which State law supplies the rule of decision is determined in accordance with State law. Relevancy and...


make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without...


evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, pursuant to executive order, by these rules, or by other...


Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of confusion of issues, or misleading the judge as trier of fact, or...


(a) Character evidence generally. Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a...


character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On...


an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a...


previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with...


furnish, or of accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.409] [Page 208] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart B--Rules of Evidence Sec. 18.409 Payment of medical and similar expenses. Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury. ...


provided in this rule, evidence of the following is not admissible against the defendant who made the plea or was a participant in the plea discussions: (a) A plea...


not admissible upon the issue whether the person acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against...


provided by Act of Congress, or by rules or regulations prescribed by the administrative agency pursuant to statutory authority, or pursuant to executive order, the privilege...


in these rules. However with respect to an element of a claim or defense as to which State law supplies the rule of decision, the competency of a witness shall...


introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the...


the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.604] [Page 209] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart B--Rules of Evidence Sec. 18.604 Interpreters. An interpreter is subject to the provisions of these rules relating to qualification as an expert and the administration of an oath or affirmation to make a true translation. ...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.605] [Page 209] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart B--Rules of Evidence Sec. 18.605 Competency of judge as witness. The judge presiding at the hearing may not testify in that hearing as a witness. No objection need be made in order to preserve the point. ...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.607] [Page 209] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart B--Rules of Evidence Sec. 18.607 Who may impeach. The credibility of a witness may be attacked by any party, including the party calling the witness. ...


character. The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) The evidence...


attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if the crime was punishable by death or imprisonment in excess...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.610] [Page 210] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart B--Rules of Evidence Sec. 18.610 Religious beliefs or opinions. Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced. ...


exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to: (1) Make the interrogation and presentation effective for...


the purpose of testifying, [[Page 211]] either while testifying, or before testifying if the judge in the judge's discretion determines it is necessary in...


examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that...


on the judge's own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called. (b) Interrogation by...


so that they cannot hear the testimony of other witnesses, and the judge may make the order of the judge's own motion. This rule does not authorize exclusion of a party...


witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are rationally based on the perception of the witness and helpful to...


the judge as trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training,...


an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.704] [Page 211-212] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart B--Rules of Evidence Sec. 18.704 Opinion on ultimate issue. Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces [[Page 212]] an ultimate issue to be decided by the judge as trier of fact. ...


of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data, unless the judge requires otherwise. The expert may in any event...


on the motion of any party enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The judge may appoint...


conduct of a person, if it is intended by the person as an assertion. (b) Declarant. A declarant is a person who makes a statement. (c) Hearsay. Hearsay is...


or regulations of the administrative agency prescribed pursuant to statutory authority, or pursuant to executive order, or by Act of...


excluded by the hearsay rule, even though the declarant is available as a witness: (1) Present sense impression. A statement describing or explaining an event or...


as a witness includes situations in which the declarant: (1) Is exempted by ruling of the judge on the ground of privilege from testifying concerning the...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.805] [Page 217] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart B--Rules of Evidence Sec. 18.805 Hearsay within hearsay. Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules. ...


defined in Sec. 18.801(d)(2), (iii), (iv), or (v), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by...


authentication or identification as a condition precedent to admissibility is [[Page 218]] satisfied by evidence sufficient to support a finding that the...


admissibility is not required with respect to the following: (1) Domestic public documents under seal. A document bearing a seal purporting to be that of the...


not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing. Contents of...


(1) Writings and recordings. Writings and recordings consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting,...


original writing, recording, or photograph is required, except as otherwise provided in these rules, or by rule or regulation prescribed by the administrative...


unless a genuine question is raised as to the authenticity of the original, or in the circumstances it would be unfair to admit the duplicate in lieu of...


other evidence of the contents of a writing, recording, or photograph is admissible if: (1) Originals lost or destroyed. All originals are lost or have been...


be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in...


conveniently be examined at the hearing may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for...


be proved by the testimony or deposition of the party against whom offered or by that party's written admission, without accounting for the nonproduction of...


recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for...


conducted by the United States Department of Labor before a presiding officer. (1) Which are required by Act of Congress to be determined on the...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.1103] [Page 223] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart B--Rules of Evidence Sec. 18.1103 Title. These rules may be known as the United States Department of Labor Rules of Evidence and cited as 29 CFR 18.---- (1989). ...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR18.1103] [Page 223] TITLE 29--LABOR PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES--Table of Contents Subpart B--Rules of Evidence Sec. 18.1103 Title. These rules may be known as the United States Department of Labor Rules of Evidence and cited as 29 CFR 18.---- (1989). ...
...


industrial loan company, trust company, savings and loan, building and loan, or homestead association (including cooperative banks), credit union, consumer...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR19.2] [Page 232] TITLE 29--LABOR PART 19--RIGHT TO FINANCIAL PRIVACY ACT--Table of Contents Sec. 19.2 Purpose. The purpose of these regulations is to authorize Departmental units to request financial records from a financial institution pursuant to the formal written request procedure authorized by section 1108 of the Act, and to set forth the conditions under which such requests may be made. ...


or subpoena authority reasonably appears to be available to the Departmental unit to obtain financial records for the purpose for which the records are sought; (b)...


an issuing official of the requesting Departmental unit, as specified in Sec. 19.3(c). It shall set forth that official's name, title, business address and business...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR19.5] [Page 232] TITLE 29--LABOR PART 19--RIGHT TO FINANCIAL PRIVACY ACT--Table of Contents Sec. 19.5 Certification. Prior to obtaining the requested records pursuant to a formal written request, a senior official designated by the head of the requesting Departmental unit shall certify in writing to the financial institution that the Departmental unit has complied with the applicable provisions of the Act. ...


U.S.C. 3711(f). This statute, and other applicable authority, authorizes Department heads to disclose to credit reporting agencies information concerning claims owed...


guarantees, overpayments, fines, penalties or other causes. (b) The term consumer debt means any non-tax debt of an individual in excess of $100, arising from...


and may also report all commercial debts to appropriate commercial credit reporting agencies. (b) Information provided to a consumer credit reporting agency...


the debt shall send to the debtor appropriate written demands for payment in terms which inform the debtor of the consequences of failure to cooperate. In accordance...


debtor may request to examine and copy the information to be disclosed to the consumer credit reporting agency, in accordance with 5 U.S.C....


or enter into a repayment plan which is agreeable to the head of the agency and is in a written form signed by such debtor. The head of the agency (or designee) may deem...


or amount of the debt. (b) The debtor seeking review shall make the request in writing to the reviewing official or employee, not more than 15 days from the...


Labor agency shall make the disclosure of information on the debtor to the credit reporting agency. Such disclosure to consumer credit reporting agencies shall be made on...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.9] [Page 237] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart A--Disclosure of Information to Credit Reporting Agencies Sec. 20.9 Waiver of credit reporting. The agency head (or designee) may waive reporting a commercial debt or delinquent consumer debt to a credit reporting agency, if otherwise appropriate and if reporting the debt would not be in the best interests of the United States. ...


other guidance to Department of Labor agencies and officials in carrying out this subpart, including the issuance of guidelines and instructions, which he or she may...


Among other things, this statute authorizes the head of each agency to collect a claim arising under an agency program by means of administrative offset, except that...


States on behalf of a person to satisfy a debt owned the United States by that person; and (b) The term person does not include any agency of the United States,...


administrative offset, in accordance with guidelines established by the Chief Financial Officer. [[Page 238]] (b) Before collecting a claim by means...


demands to the debtor in terms which inform the debtor of the consequences of failure to cooperate. In accordance with guidelines established by the Chief Financial Officer,...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.23] [Page 239] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart B--Administrative Offset Sec. 20.23 Examination of records relating to the claim; opportunity for full explanation of the claim. Following receipt of the initial demand letter specified in Sec. 20.22, the debtor may request to examine and copy agency records pertaining to the debt. ...


a repayment plan which is agreeable to the agency head (or designee) and is in a written form signed by such debtor. The head of the agency (or designee) may deem a...


of the debt. (b) The debtor seeking review shall make the request in writing to the reviewing official or employee, not more than 15 days from the date the...


from collecting the debt prior to the agency's consideration of the request for waiver or review (see Califano v. Yamasaki, 442 U.S. 682 (1979)), then collection action...


effecting collection by administrative offset. Generally, agencies should comply with requests from other agencies to initiate administrative offset to collect debts owed to...


agency or other Federal agency, the DOL agency holding funds should not initiate the requested offset until it has been provided by the creditor organization with an...


state that the debtor has been provided his/her rights under the Federal Claims Collection Standards, that a determination has been made that collection by administrative...


of the United States, as determined by the facts and circumstances of the particular case, paying special attention to applicable statutes...


moneys which are due and payable to a debtor from the Civil Service Retirement and Disability Fund be administratively offset in reasonable amounts in order to collect debts...


sale in the security instrument or a nonjudicial foreclosure should do so by such procedures if the debtor fails to pay the debt within a reasonable time after demand, unless...


administrative costs should be collected in full in one lump sum. This is true whether the debt is being collected by administrative offset or by another method,...


owed by any State or local Government; (2) debts arising under or payments made under the Social Security Act, the Internal Revenue Code of 1954, or the tariff laws of the...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.35] [Page 243] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart B--Administrative Offset Sec. 20.35 Additional administrative collection action. Nothing contained in this subpart is intended to preclude the utilization of any other administrative remedy which may be available. ...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.36] [Page 243] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart B--Administrative Offset Sec. 20.36 Prior provision of rights with respect to debt. To the extent that the rights of the debtor in relation to the same debt have been previously provided under some other statutory or regulatory authority, the agency is not required to duplicate those efforts before taking administrative offset. ...


Department of Labor agencies and officials in carrying out this subpart, including the issuance of guidelines and instructions, which he or she may deem appropriate. The...


L. 97-365), 31 U.S.C. 3717. Among other things, this statute authorizes the head of each agency to assess interest, penalties and administrative costs against debtors...


which were executed prior to, and were in effect on (i.e., were not completed as of), October 25, 1982; (3) To debts where an applicable statute, regulation required...


or property which has been determined by an appropriate agency official to be owed to the United States from any person, organization or entity, except another...


and related charges on the debt, in accordance with guidelines established by the Chief Financial Officer. In the case where a debt arises under the program of two or...


for payment to the debtor. In the initial demand, the debtor shall be notified that interest on the debt will start to accrue from the date on which the notice is mailed...


shall send progressively stronger second and subsequent demands for payment, if payment or other appropriate response is not received within the time specified by...


the same day that they are actually dated. If evidence suggests that the debtor is no longer located at the address of record, reasonable action shall be taken to obtain...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.57] [Page 245] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart C--Interest, Penalties and Administrative Costs Sec. 20.57 Accrual of interest. Interest shall accrue from the date on which notice of the debt and the interest requirements is first mailed or hand-delivered to the debtor, using the most current address that is available to the agency. ...


Register (as of the date the notice is sent), unless another rate is specified by statute, regulations or preexisting contract condition. The Office of the Chief...


administrative costs incurred as a result of the delinquent debt; that is, the additional costs incurred in processing and handling the debt because it became...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.60] [Page 246] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart C--Interest, Penalties and Administrative Costs Sec. 20.60 Application of partial payments to amounts owed. When a debt is paid in partial or installment payments, amounts received by the responsible agency should be applied first to outstanding penalty and administrative cost charges, second to accrued interest, and third to outstanding principal. ...


debt which is paid within 30 days after the date on which interest began to accrue. This 30-day period may be extended for another 30 days on a case-by-case basis, if the...


guidance to Department of Labor agencies and officials in carrying out this subpart, including the issuance of guidelines and instructions, which he or she may deem...


of the Debt Collection Act of 1982 (Pub. L. 97-365), 5 U.S.C. 5514. This statute authorizes the head of each agency to deduct from the current pay account of an employee (salary...


(arising under Labor Department programs) by employees of other Federal agencies, and debts owed the United States (arising under programs of other Federal agencies) by...


to basic pay, other authorized pay remaining after the deduction of any amount required by law to be withheld. Agencies must exclude deductions described in 5 CFR...


claims by means of salary offset, in accordance with guidelines established by the Chief Financial Officer. (b) Before collecting a claim by means of salary offset,...




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