Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 41 - Public Contracts and Property Management |
Subtitle B - Other Provisions Relating to Public Contracts |
Chapter 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor |
Part 60-1 - Obligations of Contractors and Subcontractors |
Subpart B - General Enforcement; Compliance Review and Complaint Procedure |
§ 60-1.34 - Violation of a Conciliation Agreement.
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§ 60-1.34 Violation of a Conciliation Agreement.
When a conciliation agreement has been violated, the following procedures are applicable:
(a) A written notice shall be sent to the contractor setting forth the violations alleged and summarizing the supporting evidence. The contractor shall have 15 days from receipt of the notice to respond, except in those cases in which such a delay would result in irreparable injury to the employment rights of affected employees or applicants.
(b) During the 15-day period the contractor may demonstrate in writing that it has not violated its commitments.
(c) If the contractor is unable to demonstrate that it has not violated its commitments, or if the complaint alleges irreparable injury, enforcement proceedings may be initiated immediately without issuing a show cause notice or proceeding through any other requirement contained in this chapter.
(d) In any proceeding involving an alleged violation of a conciliation agreement OFCCP may seek enforcement of the agreement itself and shall not be required to present proof of the underlying violations resolved by the agreement.
[44 FR 77002, Dec. 28, 1979, as amended at 62 FR 44192, Aug. 19, 1997; 70 FR 36265, June 22, 2005]