[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Rules and Regulations]
[Pages 19982-19989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9910]
[[Page 19981]]
_______________________________________________________________________
Part III
Department of Labor
_______________________________________________________________________
41 CFR Part 50-203
Employment and Training Administration
20 CFR Part 601, et al.
Employment Standards Administration
20 CFR Part 702
Office of the Secretary
29 CFR Part 1, et al.
Wage and Hour Division
29 CFR Part 504, et al.
Occupational Safety and Health Administration
29 CFR 1978
Office of Federal Contract Compliance Programs
41 CFR Part 60-1, et al.
_______________________________________________________________________
Establishment of the Administrative Review Board; Final Rule
Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and
Regulations
[[Page 19982]]
DEPARTMENT OF LABOR
41 CFR Part 50-203
Employment and Training Administration
20 CFR Parts 601, 617, 626, and 658
Employment Standards Administration
20 CFR Part 702
Office of the Secretary
29 CFR Parts 1, 2, 4, 5, 6, 7, 8, 22, 24, 32, and 96
Wage and Hour Division
29 CFR Parts 504, 507, 508, and 530
Occupational Safety and Health Administration
29 CFR Part 1978
Office of Federal Contract Compliance Programs
41 CFR Parts 60-1, 60-30, 60-250, and 60-741
Establishment of the Administrative Review Board
AGENCY: Employment and Training Administration, Employment Standards
Administration, Office of the Secretary, Wage and Hour Division,
Occupational Safety and Health Administration, Office of Federal
Contract Compliance Programs, Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the regulations to provide that the functions
performed by the Wage Appeals Board and the Board of Service Contract
Appeals will henceforth be performed by the Administrative Review
Board. This rule also amends the regulations to provide that when the
Administrative Review Board is reviewing administrative decisions which
were previously decided by either the Wage Appeals Board or the Board
of Service Contract Appeals it will follow the rules of practice and
procedure of the Board which would have decided the case prior to the
promulgation of this rule. This rule also amends the regulations to
provide that the functions previously performed by the Office of
Administrative Appeals in advising and assisting the Secretary and
other deciding officials of the Department of Labor will henceforth be
performed by the Administrative Review Board, which is now designated
to issue final agency decisions under a number of laws.
This rule is promulgated to consolidate within one entity the
authority delegated by the Secretary to decide administrative appeals
and matters under administrative review. This consolidation should
result in administrative efficiencies and cost savings.
EFFECTIVE DATE: May 3, 1996.
FOR FURTHER INFORMATION CONTACT: David A. O'Brien, U.S. Department of
Labor, Room S-4309, 200 Constitution Avenue, N.W., Washington, D.C.
20210, Telephone (202) 219-4728
SUPPLEMENTARY INFORMATION: On April 17, 1996, the Secretary of Labor
issued Secretary's Order 2-96 which establishes the Administrative
Review Board and transfers to it the authorities and responsibilities
previously delegated to the Wage Appeals Board and the Board of Service
Contract Appeals. Both the Wage Appeals Board and the Board of Service
Contract Appeals are eliminated by Secretary's Order 2-96. In addition
to those responsibilities, Secretary's Order 2-96 delegates to the
Administrative Review Board the Secretary of Labor's and other deciding
officials' authority to issue final agency decisions of administrative
appeals and of administrative review cases under certain laws, which
are enumerated in the Secretary's Order. Those enumerated laws are
those for which the Office of Administrative Appeals was previously
assigned the responsibility of advising and assisting the Secretary of
Labor and other agency officials in deciding administrative appeals and
matters of administrative review. The Office of Administrative Appeals
is eliminated by Secretary's Order 2-96.
The rules of practice and procedure for the conduct of an
administrative appeal or matter of administrative review brought to the
Administrative Review Board shall, until changed, continue to be the
rules that are currently prescribed for such an administrative appeal
or review.
Executive Order 12866
This rule is not classified as a ``rule'' under Executive Order
12866 on federal regulations, because it is a regulation relating to
agency organization, management or personnel. See section 3(d)(3) which
exempts this rule.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for this rule
under section 553(b) of the Administrative Procedure Act (APA), the
requirements of the Regulatory Flexibility Act (5 U.S.C. 601)
pertaining to regulatory flexibility do not apply to this rule. See 5
U.S.C. 601(2).
Paperwork Reduction Act
This final rule is not subject to section 3504(h) of the Paperwork
Reduction Act (44 U.S.C. 3501) since it does not contain any new
collection of information requirements.
Publication in Final
The Department has determined that these amendments need not be
published as a proposed rule, as is generally required by the APA (5
U.S.C. 553), since this rulemaking merely reflects agency organization,
procedure, or practice. It is thus exempt from notice and comment by
virtue of section 553(b)(A).
Effective Date
This document will become effective upon publication pursuant to 5
U.S.C. 553(d). The undersigned has determined that good cause exists
for waiving the customary requirement for delay in the effective date
of a final rule for 30 days following its publication. This
determination is based upon the fact that the rule is technical and
nonsubstantive, and merely reflects agency organization, practice and
procedure.
Small Business Regulatory Fairness Act of 1996
This rule is not classified as a ``rule'' under Chapter 8 of the
Small Business Regulatory Fairness Act of 1996, because it is a rule
pertaining to agency organization, procedure, or practice that does not
substantially affect the rights or obligations of non-agency parties.
See 5 U.S.C. 804(3)(C).
List of Subjects
20 CFR Part 601
Labor, Unemployment Compensation, Administrative Practice and
Procedure.
20 CFR Part 617
Labor, Unemployment Compensation, Administrative Practice and
Procedure.
20 CFR Part 626
Employment, Labor, Manpower training programs.
20 CFR Part 658
Labor, Manpower Training Programs, Administrative Practice and
Procedure.
20 CFR Part 702
Administrative practice and procedure, Claims, Insurance,
Longshoremen, Vocational rehabilitation, Workers' Compensation.
[[Page 19983]]
29 CFR Part 1
Administrative practice and procedure, Government contracts, Labor,
Wages.
29 CFR Part 2
Administrative practice and procedure, Government employees.
29 CFR Part 4
Administrative practice and procedure, Government contracts, Labor,
Wages, and Reporting and recordkeeping requirements.
29 CFR Part 5
Administrative practice and procedure, Government contracts, Labor,
Wages, Reporting and recordkeeping requirements.
29 CFR Part 6
Administrative practice and procedure, Government contracts, Labor,
Wages.
29 CFR Part 7
Administrative practice and procedure, Government contracts, Labor,
Wages.
29 CFR Part 8
Administrative practice and procedure, Government contracts, Labor,
Wages.
29 CFR Parts 22 and 24
Labor, Whistleblowing, Administrative practice and procedure.
29 CFR Part 32
Grant Programs, Civil Rights, Handicapped discrimination.
29 CFR Part 96
Labor, Nonprofit Organizations, Administrative practice and
procedure.
29 CFR Part 504
Aliens, Employment, Administrative practice and procedure.
29 CFR Part 507
Aliens, Employment, Administrative practice and procedure.
29 CFR Part 508
Aliens, Employment, Administrative practice and procedure.
29 CFR Part 530
Labor, Homeworkers, Administrative practice and procedure.
29 CFR Part 1978
Labor, Whistleblowing, Administrative practice and procedure.
41 CFR Part 50-203
Administrative practice and procedure, Government contracts,
Government procurement, Minimum wages.
41 CFR Part 60-1
Equal Employment Opportunity, Administrative practice and
procedure, Civil Rights, Government contracts.
41 CFR Part 60-30
Equal Employment Opportunity, Administrative practice and
procedure, Civil Rights, Government contracts.
41 CFR Part 60-250
Equal Employment Opportunity, Administrative Practice and
Procedure, Civil Rights, Government Contracts, Individuals With
Disabilities, Veterans.
41 CFR Part 60-741
Equal Employment Opportunity, Administrative Practice and
Procedure, Civil Rights, Government Contracts, Individuals With
Disabilities.
For the reasons set forth in the preamble, 20 CFR Parts 601, 617,
626, 658, and 702; and 29 CFR Parts 1, 2, 4, 5, 6, 7, 8, 22, 24, 32,
96, 504, 507, 508, 530, and 1978; and 41 CFR Parts 50-203, 60-1, 60-30,
60-250, and 60-741 are amended as follows:
TITLE 20
PART 601--ADMINISTRATIVE PROCEDURE
1. The authority citation for 20 CFR Part 601 continues to read as
follows:
Authority: 5 U.S.C. 301; 26 U.S.C. Chapter 23; 29 U.S.C. 49k; 38
U.S.C. Chapters 41 and 42; 39 U.S.C. 3202(a)(1)(E) and 3202 note; 42
U.S.C. 1302; and Secretary of Labor's Order No. 4-75, 40 FR 18515.
2. Section 601.1 is amended by adding paragraph (d) to read as
follows:
Sec. 601.1 General.
* * * * *
(d) As used throughout this Part, the terms ``Secretary'' or
``Secretary of Labor'' shall refer to the Secretary of Labor, U.S.
Department of Labor, or his or her designee.
PART 617--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS UNDER THE TRADE
ACT OF 1974
3. The authority citation for 20 CFR Part 617 continues to read as
follows:
Authority: 19 U.S.C. 2320, Secretary's Order No. 3-81, 46 FR
31117.
4. Section 617.3 is amended by revising paragraph (ff) to read as
follows:
Sec. 617.3 Definitions.
* * * * *
(ff) Secretary means the Secretary of Labor, U.S. Department of
Labor, or his or her designee.
* * * * *
PART 626--INTRODUCTION TO THE REGULATIONS UNDER THE JOB TRAINING
PARTNERSHIP ACT
5. The authority citation for 20 CFR Part 626 continues to read as
follows:
Authority: 29 U.S.C. 1579(a); sec. 6305(f), Pub. L. 100-418, 102
Stat. 1107; 29 U.S.C. 179i(e).
6. 20 CFR 626.5 is amended, in part, by revising the definition for
Secretary to read as follows:
Sec. 626.5 Definitions.
* * * * *
Secretary means the Secretary of Labor, U.S. Department of Labor,
or his or her designee.
* * * * *
PART 658--ADMINISTRATIVE PROVISIONS GOVERNING THE JOB SERVICE
SYSTEM
7. The authority citation for Part 658 is revised to read as
follows:
Authority: Wagner-Peyser Act of 1933, as amended, 29 U.S.C. 49
et seq.; 38 U.S.C. chapters 41 and 42; 5 U.S.C. 301 et seq.;
sections 658.410, 658.411 and 658.413 also issued under 44 U.S.C.
3501 et seq.
8. Section 658.710 is amended by revising paragraph (d) to read as
follows:
Sec. 658.710 Decision of the Administrative Law Judge.
* * * * *
(d) If the case involves the decertification of an appeal to the
State agency, the decision of the Administrative Law Judge shall
contain a notice stating that, within 30 calendar days of the decision,
the State agency or the Administrator may appeal to the Administrative
Review Board, United States Department of Labor, by sending by
registered mail, return receipt requested, a written appeal to the
Administrative Review Board, in care of the Administrative Law Judge
who made the decision.
9. Section 658.711 is revised to read as follows:
Sec. 658.711 Decision of the Administrative Review Board.
(a) Upon the receipt of an appeal to the Administrative Review
Board, United States Department of Labor, the Administrative Law Judge
shall certify the record in the case to the Administrative Review
Board, which shall make a decision to decertify or not on the basis of
the hearing record.
[[Page 19984]]
(b) The decision of the Administrative Review Board shall be final,
shall be in writing, and shall set forth the factual and legal basis
for the decision. Notice of the Administrative Review Board's decision
shall be published in the Federal Register, and copies shall be made
available for public inspection and copying.
PART 702--ADMINISTRATION AND PROCEDURE
10. The authority citation for 20 CFR Part 702 is revised to read
as follows:
Authority: 5 U.S.C. 301, 8171 et seq.; Reorganization Plan No.
6. of 1950, 15 FR 3174, 3 CFR, 1949-1953, Comp. p. 1004, 64 Stat.
1263; 33 U.S.C. 939; 36 D.C. Code 501 et seq.; 42 U.S.C. 1651 et
seq.; 43 U.S.C. 1331; Secretary's Order 1-93, 58 FR 21190.
Sec. 702.433 [Amended]
11. Section 702.433 is amended by substituting the words
``Administrative Review Board,'' for ``Assistant Secretary for
Employment Standards'' wherever they appear in paragraphs (e) and (f).
Sec. 702.434 [Amended]
12. Section 702.434 is amended by substituting the words
``Administrative Review Board,'' for ``Assistant Secretary for
Employment Standards'' wherever they appear in paragraphs (a), (b), or
(c).
TITLE 29
PART 1--PROCEDURES FOR PREDETERMINATION OF WAGE RATES
13. The authority citation for 29 CFR Part 1 continues to read as
follows:
Authority: 5 U.S.C. 301; R.S. 161, 64 Stat. 1267; Reorganization
Plan No. 14 of 1950, 5 U.S.C. appendix; 29 U.S.C. 259; 40 U.S.C.
276a-276a-7; 40 U.S.C. 276c; and the laws listed in appendix A of
this part.
Sec. Sec. 1.1, 1.6, 1.9 [Amended]
14. In 29 CFR Part 1 remove the words ``Wage Appeals Board'' and
add, in their place, the words ``Administrative Review Board'' in the
following places:
(a) Section 1.1(a);
(b) Section 1.6(e)(2);
(c) Section 1.9 in the section heading and in the text in two
places.
PART 2--GENERAL REGULATIONS
15. The authority citation for 29 CFR Part 2 is revised to read as
follows:
Authority: 5 U.S.C. 301; Reorganization Plan No. 6 of 1950, 15
FR 3174, 64 Stat. 1263; 5 U.S.C. 552-556; Section 2.3 also issued
under 31 U.S.C. 952.
16. Subpart A of Part 2 is amended by adding Sec. 2.8 to read as
follows:
Sec. 2.8 Final agency decisions.
Final agency decision issued under the statutory authority of the
U.S. Department of Labor may be issued by the Secretary of Labor, or by
his or her designee under a written delegation of authority. The
Administrative Review Board, an organizational entity within the Office
of the Secretary, has been delegated authority to issue final agency
decisions under the statutes, executive orders, and regulations as
provided in Secretary's Order 2-96, published on May 3, 1996.
Sec. 2.12 [Amended]
17. In 29 CFR Part 2 remove the words ``Wage Appeals Board'' and
add, in their place, the words ``Administrative Review Board'' in the
following place:
(a) Section 2.12(d).
PART 4--LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS
18. The authority citation for 29 CFR Part 4 continues to read as
follows:
Authority: 42 U.S.C. 351 et seq., 79 Stat. 1034, as amended in
86 Stat. 789, 90 Stat. 2358; 41 U.S.C. 38 and 39; and 5 U.S.C. 301.
Secs. 4.1, 4.6, 4.11, 4.12, 4.55, 4.163, 4.187 [Amended]
19. In 29 CFR Part 4 remove the words ``Board of Service Contract
Appeals'' and add, in their place, the words ``Administrative Review
Board'' in the following places:
(a) Section 4.1b(a), in two places;
(b) Section 4.6(d)(2);
(c) Section 4.11(e), in two places;
(d) Section 4.12(d)(4)(iii);
(e) Section 4.12(f), in two places;
(f) Section 4.55(b), in two places;
(g) Section 4.163(c), in two places; and
(h) Section 4.187(a).
PART 5--LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING
FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS
PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT)
20. The authority citation for 29 CFR Part 5 continues to read as
follows:
Authority: 40 U.S.C. 276a-276a-7; 40 U.S.C. 276c; 40 U.S.C. 327-
332; Reorganization Plan No. 14 of 1950, 5 U.S.C. appendix; 5 U.S.C.
301; and the statutes listed in section 5.1(a) of this part.
Secs. 5.8, 5.11, 5.12 [Amended]
21. In 29 CFR Part 5 remove the words ``Wage Appeals Board'' and
add, in their place, the words ``Administrative Review Board'' in the
following places:
(a) Section 5.8(c);
(b) Section 5.11(c)(3);
(c) Section 5.11(d);
(d) Section 5.12(c);
(e) Section 5.12(d)(2)(iv)(C); and
(f) Section 5.12(d)(5), in two places.
Sec. 5.8 [Amended]
22. In 29 CFR Part 5 remove the words ``Board of Service Contract
Appeals'' and add, in their place, the words ``Administrative Review
Board'' in the following place:
(a) Section 5.8(c).
PART 6--RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS ENFORCING
LABOR STANDARDS IN FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION
CONTRACTS AND FEDERAL SERVICE CONTRACTS
23. The authority citation for 29 CFR Part 6 continues to read as
follows:
Authority: Secs. 4 and 5, 79 Stat. 1034, 1035 as amended by 86
Stat. 789, 790, 41 U.S.C. 353 and 354; 5 U.S.C. 301; Reorg. Plan No.
14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 46 Stat. 1494, as
amended by 49 Stat. 1011, 78 Stat. 238, 40 U.S.C. 276a- 276a-7; 76
Stat. 357-359, 40 U.S.C. 327-332; 48 Stat. 948, as amended by 63
Stat. 108, 72 Stat. 967, 40 U.S.C. 276c.
Secs. 6.18, 6.19, 6.20, 6.21, 6.56, 6.57 [Amended]
24. In 29 CFR Part 6 remove the words ``Board of Service Contract
Appeals'' and add, in their place, the words ``Administrative Review
Board'' in the following places:
(a) Section 6.18(b)(3);
(b) Section 6.19(b)(1);
(c) Section 6.20, in two places;
(d) Section 6.21 (a) and (b);
(e) Section 6.56; and
(f) Section 6.57.
Secs. 6.32, 6.33, 6.34, 6.35 [Amended]
25. In 29 CFR Part 6 remove the words ``Wage Appeals Board'' and
add, in their place, the words ``Administrative Review Board'' in the
following places:
(a) Section 6.32(b)(4);
(b) Section 6.33(b)(1);
(c) Section 6.34, in two places; and
(d) Section 6.35, in two places.
Secs. 6.8, 6.43, 6.44, 6.46 [Amended]
26. In 29 CFR Part 6 remove the words ``Board of Service Contract
Appeals or Wage Appeals Board'' and add, in their place, the words
``Administrative Review Board'' in the following places:
(a) Section 6.8;
(b) Section 6.43(b)(3);
(c) Section 6.44(b); and
(d) Section 6.46.
[[Page 19985]]
Sec. 6.45 [Amended]
27. In 29 CFR Part 6 remove the words ``Board of Service Contract
Appeals'' and ``Wage Appeals Board'' and add, in their place, the words
``Administrative Review Board'' in the following place:
(a) Section 6.45.
PART 7--PRACTICE BEFORE WAGE APPEALS BOARD
28. The authority citation for 29 CFR Part 7 continues to read as
follows:
Authority: Reorg. Plan No. 14 of 1950, 64 Stat. 1267; 5 U.S.C.
301, 3 CFR, 1949-1953 Comp., p. 1007; sec. 2, 48 Stat. 948 as
amended; 40 U.S.C. 276c; secs. 104, 105, 76 Stat. 358, 359; 40
U.S.C. 330, 331; 65 Stat. 290; 36 FR 306, 8755.
29. The part heading for 29 CFR Part 7 is revised to read as
follows:
PART 7--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD
TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS
Secs. 7.1, 7.3, 7.5, 7.7, 7.8, 7.15, 7.16 [Amended]
30. In 29 CFR Part 7 remove the words ``Wage Appeals Board'' and
add, in their place, the words ``Administrative Review Board'' in the
following places:
(a) Section 7.1(a); and
(b) Section 7.3;
(c) Section 7.5(a)(2);
(d) Section 7.7;
(e) Section 7.8 in the section heading;
(f) Section 7.15(a); and
(g) Section 7.16(a).
Sec. 7.16 [Amended]
31. In 29 CFR Part 7 remove the words ``Executive Secretary'' and
add, in their place, the words ``Executive Director'' in the following
place:
(a) Section 7.16(a).
32. Section 7.1 is amended by revising paragraph (a) to read as
follows:
Sec. 7.1 Purpose and scope.
(a) This part contains the rules of practice of the Administrative
Review Board when it is exercising its jurisdiction described in
paragraph (b) of this section.
* * * * *
PART 8--PRACTICE BEFORE THE BOARD OF SERVICE CONTRACT APPEALS
33. The authority citation for 29 CFR Part 8 continues to read as
follows:
Authority: Secs. 4 and 5, 79 Stat. 1034, 1035, as amended by 86
Stat. 789, 790, 41 U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan No. 14
of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 76 Stat. 357-359, 40
U.S.C. 327-332.
34. The part heading for 29 CFR Part 8 is revised to read as
follows:
PART 8--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD
TO FEDERAL SERVICE CONTRACTS
Secs. 8.1, 8.4, 8.6, 8.9, 8.10, 8.18 [Amended]
35. In 29 CFR Part 8 remove the words ``Board of Service Contract
Appeals'' and add, in their place, the words ``Administrative Review
Board'' in the following places:
(a) Section 8.1(a);
(b) Section 8.4(a)(2);
(c) Section 8.6 in the section heading;
(d) Section 8.9 in the section heading;
(e) Section 8.10(a); and
(f) Section 8.18.
Sec. 8.10 [Amended]
36. In 29 CFR Part 8 remove the words ``Executive Secretary'' and
add, in their place, the words ``Executive Director'' in the following
place:
(a) Section 8.10 (a).
Sec. 8.0 [Removed]
37. Section 8.0 is removed.
38. Section 8.1 is amended by revising paragraph (a) to read as
follows:
Sec. 8.1 Purpose and scope.
(a) This part contains the rules of practice of the Administrative
Review Board when it is exercising its jurisdiction described in
paragraph (b) of this section.
* * * * *
PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986
39. The authority citation for 29 CFR Part 22 continues to read as
follows:
Authority: Pub. L. 99-509, Secs. 6101-6104, 100 Stat. 1874, 31
U.S.C. 3801-3812.
40. Section 22.2 is amended by revising paragraph(c) to read as
follows:
Sec. 22.2 Definitions.
* * * * *
(c) Authority head means the Secretary of Labor or his or her
designee.
* * * * *
PART 24--PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS
UNDER FEDERAL EMPLOYEE PROTECTION STATUTES
41. The authority citation for 29 CFR Part 24 is revised to read as
follows:
Authority: 42 U.S.C. 300j-9(i); 33 U.S.C. 1367; 15 U.S.C. 2622;
42 U.S.C. 6971; 42 U.S.C. 7622; 42 U.S.C. 5851; 42 U.S.C. 9610.
42. Section 24.1 is amended by revising paragraph (a) and by adding
paragraph (c) to read as follows:
Sec. 24.1 Purpose and scope.
(a) This part implements the several employee protection provisions
for which the Secretary of Labor has been given responsibility pursuant
to the following federal statutes: Safe Drinking Water Act, 42 U.S.C.
300j-9(i); Federal Water Pollution Control Act, 33 U.S.C. 1367; Toxic
Substances Control Act, 15 U.S.C. 2622; Solid Waste Disposal Act, 42
U.S.C. 6971; Clean Air Act, 42 U.S.C. 7622; Energy Reorganization Act
of 1974, 42 U.S.C. 5851; Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. 9610.
* * * * *
(c) Throughout this part, ``Secretary'' or ``Secretary of Labor''
shall mean the Secretary of Labor, U.S. Department of Labor, or his or
her designee.
PART 32--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND
ACTIVITIES RECEIVING OR BENEFITTING FROM FEDERAL FINANCIAL
ASSISTANCE
Subpart A--General Provisions
43. The authority for 29 CFR Part 32 continues to read as follows:
Authority: Sec. 504, Rehabilitation Act of 1973, Pub. L. 93-112,
87 Stat. 394 (29 U.S.C. 794); sec. 111(a), Rehabilitation Act
Amendments of 1974, Pub. L. 93-516, 88 Stat. 1619 (29 U.S.C. 706);
secs. 119 and 122 of the Rehabilitation Comprehensive Services and
Developmental Disabilities Amendments of 1978, Pub. L. 95-602, 92
Stat. 2955; Executive Order 11914; 41 FR 17871.
44. Section 32.3 is amended by revising the term for Secretary to
read as follows:
Sec. 32.3 Definitions.
As used in this part, the term:
* * * * *
Secretary means the Secretary of Labor, U.S. Department of Labor,
or his or her designee.
* * * * *
PART 96--AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER
AGREEMENTS
45. The authority citation for 29 CFR Part 96 continues to read:
Authority: 31 U.S.C. 7500 et seq.; OMB Circular No. A-128; OMB
Circular No. A-110; and OMB Circular No. A-133.
46. Section 96.603 is amended by revising paragraphs (b)(4) and
(b)(5) to read as follows:
Sec. 96.603 Grants.
* * * * *
(b) * * *
[[Page 19986]]
(4) Filing exceptions to decision. The decision of the
administrative law judge shall constitute final agency action by the
Secretary of Labor, unless within 21 days after receipt of the decision
of the administrative law judge, a party dissatisfied with the decision
or any part thereof has filed exceptions with the Administrative Review
Board, United States Department of Labor, specifically identifying the
procedures or finding of fact, law, or policy with which the exception
is taken. Any exceptions not specifically urged shall be deemed to have
been waived. Thereafter, the decision of the administrative law judge
shall become the decision of the Secretary of Labor, unless the
Administrative Review Board, United States Department of Labor, within
30 days of such filing, has notified the parties that the case has been
accepted for review.
(5) Review by the Administrative Review Board, United States
Department of Labor. Any case accepted for review by the Administrative
Review Board, United States Department of Labor, shall be decided
within 180 days of such acceptance. If not so decided, the decision of
the administrative law judge shall become the final decision of the
Secretary of Labor.
CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
PART 504-- ATTESTATIONS BY FACILITIES USING NONIMMIGRANT ALIENS AS
REGISTERED NURSES
47. The authority citation for 29 CFR Part 504 continues to read as
follows:
Authority: 8 U.S.C. 1101(a)(15)(H)(i)(a), 1182(m) and Pub. L.
101-238, sec. 3(c)(1), 103 Stat. 2099, 2103; and sec. 341 (a) and
(b), Pub. L. 103-182, 107 Stat. 2057.
Sec. 504.445 [Amended]
48. In 29 CFR Part 504 remove the words ``Office of Administrative
Appeals, room S-4309'' and add, in their place, the words
``Administrative Review Board'' in the following place:
(a) Section 504.445(f).
PART 507-- ENFORCEMENT OF H-1B LABOR CONDITION APPLICATIONS
49. The authority citation for 29 CFR Part 507 continues to read as
follows:
Authority: 8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n), and 1184, and
29 U.S.C. 49 et seq.; Pub. L. 102-232, 105 stat. 1733, 1748(8 U.S.C.
1182 note); and sec. 341 (a) and (b), Pub. L. 103-182, 107 Stat.
2057.
Sec. 507.845 [Amended]
50. In 29 CFR Part 507 remove the words ``Office of Administrative
Appeals, room S-4309'' and add, in their place, the words
``Administrative Review Board'' in the following place:
(a) Section 507.845(f).
PART 508--ATTESTATIONS FILED BY EMPLOYERS UTILIZING F-1 STUDENTS
FOR OFF-CAMPUS WORK
Subpart K--Enforcement of the Attestation Process for Attestations
Filed by Employers Utilizing F-1 Students in Off-campus Work
51. The authority citation for 29 CFR Part 508 continues to read as
follows:
Authority: 29 U.S.C. 49 et seq.; and sec. 221(a), Pub. L. 101-
649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).
Sec. 508.1045 [Amended]
52. In 29 CFR Part 508 remove the words ``Office of Administrative
Appeals, room S-4309'' and add, in their place, the words
``Administrative Review Board'' in the following place:
(a) Section 508.1045(f).
PART 530--EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES
Subpart A--Definitions
53. The authority citation for 29 CFR Part 530 continues to read as
follows:
Authority: Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by
sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 6-84,
49 FR 32473, August 14, 1984; and Employment Standards Order No. 85-
01, June 5, 1985.
54. Section 530.1 is amended by adding paragraph (l) to read as
follows:
Sec. 530.1 Definitions.
* * * * *
(l) As used throughout this part the terms ``Secretary'' or
``Secretary of Labor'' shall mean the Secretary of Labor, U.S.
Department of Labor, or his or her designee.
PART 1978--RULES FOR IMPLEMENTING 49 U.S.C. 31105, THE
WHISTLEBLOWER PROVISION OF THE SURFACE TRANSPORTATION ASSISTANCE
ACT OF 1982 (STAA)
Subpart B--Rules of Procedure
55. The authority citation for 29 CFR Part 1978 is revised to read
as follows:
Authority: 29 U.S.C. 657(g)(2); 29 U.S.C. 660(c)(2); 49 U.S.C.
31101 and 31105; Secretary of Labor's Order No. 1-90, 55 FR 9033.
56. Section 1978.109 is amended by revising paragraphs (c) (1),
(2), (4) and (5) to read as follows:
Sec. 1978.109 Decision and orders.
* * * * *
(c) Final order. (1) Within 120 days after issuance of the
administrative law judge's decision and order, the Administrative
Review Board, United States Department of Labor, shall issue a final
decision and order based on the record and the decision and order of
the administrative law judge.
(2) The parties may file with the Administrative Review Board,
United States Department of Labor, briefs in support of or in
opposition to the administrative law judge's decision and order within
thirty days of the issuance of that decision unless the Administrative
Review Board, United States Department of Labor, upon notice to the
parties, establishes a different briefing schedule.
* * * * *
(4) Where the Administrative Review Board, United States Department
of Labor, determines that the named party has not violated the law, the
final order shall deny the complaint.
(5) The final decision and order of the Administrative Review
Board, United States Department of Labor, shall be served upon all
parties to the proceeding.
57. Section 1978.110 is amended by revising paragraphs (b) and (c)
to read as follows:
Sec. 1978.110 Judicial review.
* * * * *
(b) A final order of the Administrative Review Board, United States
Department of Labor, shall not be subject to judicial review in any
criminal or other civil proceedings (49 U.S.C. 2305(d)(2)).
(c) The record of a case, including the record of proceedings
before the administrative law judge, shall be transmitted by the
Administrative Review Board, United States Department of Labor, to the
appropriate court pursuant to the rules of such court.
58. Section 1978.111 is amended by revising paragraphs (c) and (d)
(2) and (3) to read as follows:
Sec. 1978.111 Withdrawal of section 405 complaints, objections, and
findings; settlement
* * * * *
(c) At any time before the findings or order become final, a party
may withdraw his objections to the findings or order by filing a
written withdrawal with the administrative law judge or, if the case is
on review, with the Administrative Review Board, United States
Department of Labor. The judge or the Administrative Review Board,
United States Department of Labor, as the case may be, shall affirm any
portion
[[Page 19987]]
of the findings or preliminary order with respect to which the
objection was withdrawn.
* * * * *
(d) * * *
(2) Adjudicatory settlement. At any time after the filing of
objections to the Assistant Secretary's findings and/or order, the case
may be settled if the participating parties agree to a settlement and
such settlement is approved by the Administrative Review Board, United
States Department of Labor, or the ALJ. A copy of the settlement shall
be filed with the ALJ or the Administrative Review Board, United States
Department of Labor as the case may be.
(3) If, under paragraph (d) (1) or (2) of this section the named
person makes an offer to settle the case which the Assistant Secretary,
when acting as the prosecuting party, deems to be a fair and equitable
settlement of all matters at issue and the complainant refuses to
accept the offer, the Assistant Secretary may decline to assume the
role of prosecuting party as set forth in Sec. 1978.107(a). In such
circumstances, the Assistant Secretary shall immediately notify the
complainant that his review of the settlement offer may cause the
Assistant Secretary to decline the role of prosecuting party. After the
Assistant Secretary has reviewed the offer and when he or she has
decided to decline the role of prosecuting party, the Assistant
Secretary shall immediately notify all parties of his or her decision
in writing and, if the case is before the administrative law judge, or
the Administrative Review Board, United States Department of Labor on
review, a copy of the notice shall be sent to the appropriate official.
Upon receipt of the Assistant Secretary's notice, the parties shall
assume the roles set forth in Sec. 1978.107(b).
TITLE 41
PART 50-203--RULES OF PRACTICE
Subpart A--Proceedings Under Section 5 of the Walsh-Healey Public
Contracts Act
59. The authority for 41 CFR Part 50-203 continues to read as
follows:
Authority: Sec. 4, 49 Stat. 2038; 41 U.S.C. 38.
60. Sec. 50-203.1 is amended by revising paragraph (b) to read as
follows:
Sec. 50-203.1 Reports of breach or violation.
* * * * *
(b) A report of breach or violation may be reported to the nearest
office of the Wage and Hour Division, Employment Standards
Administration or with the Administrator, Wage and Hour Division,
Employment Standards Administration, 200 Constitution Avenue, NW.,
Washington, D.C. 20210.
* * * * *
Sec. 50-203.1 [Amended]
61. In Sec. 50-203.1(d) remove the words ``a Regional Director of
the Wage and Hour Public Contracts Divisions'' and add, in their place,
``the Wage and Hour Division''.
Sec. 50-203.2 [Amended]
62. In Sec. 50-203.2 remove the word ``Deputy''.
Secs. 50-203.3; 50-203.8 [Amended]
63. In 41 CFR Part 50-203 remove the words ``the Examiner'' and
add, in their place, the words ``the administrative law judge'' in the
following places:
(a) Section 50-203.3(a); and
(b) Section 50-203.8(j).
Sec. 50-203.6 [Amended]
64. Section 50-203.6(b) is amended by removing the following
language from its first sentence: ``(or the Administrator holding the
hearing as provided in Sec. 50-203(m))''.
Sec. 50-203.11 [Amended]
65. In Sec. 50-203.11(a) remove the words ``Admininstrator of
Workplace Standards'' and add, in their place, the words
``Administrative Review Board''.
66. In Sec. 50-203.11 remove the word ``Administrator'' and add, in
its place, the words ``Administrative Review Board'' in the following
places:
(a) Section 50-203.11(d), in three places; and
(b) Section 50-203.11(e).
67. Section 50-203.11 is amended by revising paragraph (f), and by
removing paragraphs (g) and (h) to read as follows:
Sec. 50-203.11 Review.
* * * * *
(f) If the respondent is found to have violated the Act, the
Administrative Review Board shall determine whether respondent shall be
relieved from the application of the ineligible list provisions of
section 3 of the Walsh-Healey Public Contracts Act (sec. 4, 49 Stat.
2039; 41 U.S.C. 37).
Secs. 50-203.2-50.203.11 [Amended]
68. In 41 CFR Part 50-203 remove the words ``Trial Examiner'' and
add, in their place, the words ``administrative law judge'' in the
following places:
(a) Section 50-203.2, in two places;
(b) Section 50-203.3(d);
(c) Section 50-203.3(e);
(d) Section 50-203.4(a);
(e) Section 50-203.4(b);
(f) Section 50-203.5, in four places;
(g) Section 50-203.6(a);
(h) Section 50-203.6(b);
(i) Section 50-203.6(c);
(j) Section 50-203.7(a);
(k) Section 50-203.7(b);
(l) Section 50-203.8(b);
(m) Section 50-203.8(d);
(n) Section 50-203.8(e), in two places;
(o) Section 50-203.8(h);
(p) Section 50-203.8(j);
(q) Section 50-203.8(k), in two places;
(r) Section 50-203.8(l), in two places;
(s) Section 50-203.9(a), in two places;
(t) Section 50-203.10, in the heading;
(u) Section 50-203.10(a), in three places;
(v) Section 50-203.10(b), in two places;
(w) Section 50-203.11(a), in two places;
(x) Section 50-203.11(d), in two places; and
Sec. 50-203.11 [Amended]
68a. In 41 CFR Part 50-203 remove the words ``Trial Examiner's''
and add, in their place, the words ``administrative law judge's'' in
the following places:
(a) Section 50-203.11(b);
(b) Section 50-203.11(e);
Sec. 50-203.8 [Amended]
69. In 41 CFR Part 50-203 remove the words ``Trial Examiners'' and
add, in their place, the words ``administrative law judges'' in the
following places:
(a) Section 50-203.8(b);
(b) Section 50-203.8(c);
70. In 41 CFR Part 50-203 remove the word ``examiners'' and add, in
its place, the words ``administrative law judges'' in the following
places:
(a) Section 50-203.8(b);
(b) Section 50-203.8(c);
71. Section 50-203.8 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 50-203.8 Hearing.
(a) The hearing for the purpose of taking evidence upon a formal
complaint shall be conducted by an administrative law judge. * * *
Sec. 50-203.8 [Amended]
72. Section 50-203.8 is amended by removing paragraph (m).
Sec. 50-203.10 [Amended]
73. In Sec. 50-203.10(a) remove the words ``Secretary of Labor''
and add, in their place, ``Administrative Review Board''.
Sec. 50-203.11 [Amended]
74. In Sec. 50-203.11(a) remove the words ``Administrator of
Workplace Standards'' and add, in their place, ``Administrative Review
Board''.
[[Page 19988]]
75. Section 50-203.12 is revised to read as follows:
Sec. 50-203.12 Effective date.
The amendments to Subpart A shall become effective upon publication
in the Federal Register May 3, 1996; Provided, however, That in any
case where a hearing has begun or has been completed prior to said
publication, the proceeding shall be conducted pursuant to the rules of
practice in effect at the time the proceeding was initiated unless the
parties stipulate in writing or orally for the record that the
proceeding be conducted in accordance with Secs. 50-203.1 to 50-203.12.
Secs. 50-203.17, 50-203.18, 50-203.20 [Amended]
76. In Part 50-203 remove the words ``Presiding Officer'' and add,
in their place, the words ``administrative law judge'' in the following
places:
(a) Section 50-203.17(d);
(b) Section 50-203.18(a);
(c) Section 50-203.18(c), in two places;
(d) Section 50-203.18(d); and
(e) Section 50-203.20, in two places;
Secs. 50-203.18, 50-203.21 [Amended]
77. In Part 50-203 remove the word ``Secretary'' and add, in its
place, the words ``Administrative Review Board'' in the following
places:
(a) Section 50-203.18(d), in two places;
(b) Section 50-203.21(b) introductory text; and
(c) Section 50-203.21(d);
78. Section 50-203.17 is amended by revising paragraph (a) to read
as follows:
Sec. 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 an administrative law judge.
* * * * *
Sec. 50-203.19 [Amended]
79. In Sec. 50-203.19 remove the words ``Secretary or the Hearing
Examiner'' and add, in their place, ``administrative law judge''.
80. Section 50-203.21 is amended by revising paragraph (a) to read
as follows:
Sec. 50-203.21 Decisions.
(a) Within 30 days after the close of the hearing, each interested
person at the hearing may file with the administrative law judge an
original and four copies of a statement containing proposed findings of
fact and conclusions of law, together with reasons for such proposals.
The administrative law judge shall, immediately following the
termination of the thirty-day period provided for the filing of
proposed findings and conclusions, certify the complete record to the
Administrative Review Board.
* * * * *
Sec. 50-203.23 [Removed]
81. Section 50-203.23 is removed.
PART 60-1--OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS
82. The authority citation for 41 CFR Part 60-1 continues to read
as follows:
Authority: Sec 201, E.O. 11246 (30 FR 12319), as amended by E.O.
12086.
83. Part 60-1.3 of Subpart A is amended by revising the definition
for ``Secretary'' to read as follows:
Sec. 60-1.3 Definitions.
* * * * *
Secretary means the Secretary of Labor, U.S. Department of Labor,
or his or her designee.
* * * * *
84. Part 60-1.26 of Subpart B is amended by revising paragraph (d)
to read as follows:
Sec. 60-1.26 Enforcement proceedings.
* * * * *
(d) Decision following administrative proceeding. If it is
determined after a hearing (or after the contractor waives a hearing)
that the contractor is violating the order or the regulations issued
thereunder, the Administrative Review Board, United States Department
of Labor, (in accordance with 41 CFR 60-30.30) shall issue an
Administrative order enjoining the violations and requiring the
contractor to provide whatever remedies are appropriate, and imposing
whatever sanctions are appropriate, or any of the above. In any event,
failure to comply with the Administrative order shall result in the
imposition of the sanctions contained in section 209 (a)(5) or (a)(6)
of the Executive Order.
* * * * *
PART 60-30--RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS TO
ENFORCE EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246
85. The authority citation for 41 CFR Part 60-30 is revised to read
as follows:
Authority: Executive Order 11246, as amended, 30 FR 12319, 32 FR
14303, as amended by E.O. 12086; 29 U.S.C. 793, as amended, and 38
U.S.C. 4212, as amended.
86. Section 60-30.27 is revised to read as follows:
Sec. 60-30.27 Recommended decision.
Within a reasonable time after the filing of briefs, the
Administrative Law Judge shall recommend findings, conclusions, and a
decision. These recommendations shall be certified, together with the
record for recommended decision, to the Administrative Review Board,
United States Department of Labor, for a final Administrative order.
The recommended findings, conclusions, and decision shall be served on
all parties and amici to the proceeding.
87. Section 60-30.28 is revised to read as follows:
Sec. 60-30.28 Exceptions to recommended decisions.
Within 14 days after receipt of the recommended findings,
conclusions, and decision, any party may submit exceptions to said
recommendation. These exceptions may be responded to by other parties
within 14 days of their receipt by said parties. All exceptions and
responses shall be filed with the Administrative Review Board, United
States Department of Labor. Service of such briefs or exceptions and
responses shall be made simultaneously on all parties to the
proceeding. Requests to the Administrative Review Board, United States
Department of Labor, for additional time in which to file exceptions
and responses shall be in writing and copies shall be served
simultaneously on other parties. Requests for extensions must be
received no later than 3 days before the exceptions are due.
88. Section 60-30.29 is revised to read as follows:
Sec. 60-30.29 Record.
After expiration of the time for filing briefs and exceptions, the
Administrative Review Board, United States Department of Labor, shall
make a final decision, which shall be the final Administrative order,
on the basis of the record. The record shall consist of the record for
recommended decision, the rulings and recommended decision of the
Administrative Law Judge and the exceptions and briefs filed subsequent
to the Administrative Law Judge's decision.
89. Section 60-30.30 is revised to read as follows:
Sec. 60-30.30 Final Administrative Order.
After expiration of the time for filing, the Administrative Review
Board, United States Department of Labor, shall make a final
Administrative order which shall be served on all parties. If the
Administrative Review Board, United States Department of Labor,
[[Page 19989]]
concludes that the defendant has violated the Executive Order, the
equal opportunity clause, or the regulations, an Administrative order
shall be issued enjoining the violations, and requiring the contractor
to provide whatever remedies are appropriate, and imposing whatever
sanctions are appropriate, or any of the above. In any event, failure
to comply with the Administrative order shall result in the immediate
cancellation, termination and suspension of the respondent's contracts
and/or debarment of the respondent from further contracts.
90. Section 60-30.35 is revised to read as follows:
Sec. 60-30.35 Recommended decision after hearing.
Within 15 days after the hearing is concluded, the Administrative
Law Judge shall recommend findings, conclusions, and a decision. The
Administrative Law Judge may permit the parties to file written post-
hearing briefs within this time period, but the Administrative Law
Judge's recommendations shall not be delayed pending receipt of such
briefs. These recommendations shall be certified, together with the
record, to the Administrative Review Board, United States Department of
Labor, for a final Administrative order. The recommended decision shall
be served on all parties and amici to the proceeding.
91. Section 60-30.36 is revised to read as follows:
Sec. 60-30.36 Exceptions to recommendations.
Within 10 days after receipt of the recommended findings,
conclusions and decision, any party may submit exceptions to said
recommendations. Exceptions may be responded to by other parties within
7 days after receipt by said parties of the exceptions. All exceptions
and responses shall be filed with the Administrative Review Board,
United States Department of Labor. Briefs or exceptions and responses
shall be served simultaneously on all parties to the proceeding.
92. Section 60-30.37 is revised to read as follows:
Sec. 60-30.37 Final Administrative order.
After expiration of the time for filing exceptions, the
Administrative Review Board, United States Department of Labor, shall
issue a final Administrative order which shall be served on all
parties. Unless the Administrative Review Board, United States
Department of Labor, issues a final Administrative order within 30 days
after the expiration of the time for filing exceptions, the
Administrative Law Judge's recommended decision shall become a final
Administrative order which shall become effective on the 31st day after
expiration of the time for filing exceptions. Except as to specific
time periods required in this subsection, 41 CFR 60-30.30 shall be
applicable to this subsection.
PART 60-250--AFFIRMATIVE ACTION OBLIGATIONS OF CONTRACTORS AND
SUBCONTRACTORS FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM
ERA
93. The authority citation for 41 CFR Part 60-250 continues to read
as follows:
Authority: 38 U.S.C. 4211 and 4212; 29 U.S.C. 793; Executive
Order 11758 (39 FR 2075, January 15, 1974; 3 CFR 1971-1975 Comp. p.
841).
Sec. 60-250.29 [Amended]
94. Part 60-250 in Subpart B is amended by removing paragraph
(b)(3) in Sec. 60-250.29.
PART 60-741--AFFIRMATIVE ACTION OBLIGATIONS OF CONTRACTORS AND
SUBCONTRACTORS FOR HANDICAPPED WORKERS
95. The authority citation for 41 CFR Part 60-741 continues to read
as follows:
Authority: Sec. 503, Pub. L. 93-1112, 87 Stat. 393 (20 U.S.C.
793), as amended by sec. 111, Pub. L. 93-516, 88 Stat. 1619 (29
U.S.C. 706) and E.O. 11758.
Sec. 60-741.29 [Amended]
96. Part 60-741 in Subpart B is amended by removing paragraph
(b)(3) in Sec. 60-741.29.
Signed at Washington, D.C. this 17th day of April 1996.
Robert B. Reich,
Secretary of Labor.
[FR Doc. 96-9910 Filed 5-2-96; 8:45 am]
BILLING CODE 4510-23-P
