(a) Filing. The Solicitor of Labor, Associate Solicitor for Labor
Relations and Civil Rights Regional Solicitors and Regional Attorney
upon referral from the Office of Federal Contract Compliance Programs,
are authorized to institute enforcement proceedings by filing a
complaint and serving the complaint upon the contractor which shall be
designated as the defendant. The Department of Labor, OFCCP, as shall be
designated on plaintiff.
(b) Contents. The complaint shall contain a concise jurisdictional
statement, and a clear and concise statement sufficient to put the
defendant on notice of the acts or practices it is alleged to have
committed in violation of the order, the regulations, or its contractual
obligations. The complaint shall also contain a prayer regarding the
relief being sought, a statement of whatever sanctions the Government
will seek to impose and the name and address of the attorney who will
represent the Government.
(c) Amendment. The complaint may be amended once as a matter of
course before an answer is filed, and the defendant may amend its answer
once as a matter of course not later than 10 days after the filing of
the original answer. Other amendments of the complaint or of the answer
to the complaint shall be made only by leave of the Administrative Law
Judge or by written consent of the adverse party; and leave shall be
freely given where justice so requires. An amended complaint shall be
answered within 14 days of its service, or within the time for filing an
answer to the original complaint, whichever period is longer. An amended
answer shall be responded to within 14 days of its service.
(E.O. 11246 as amended; sec. 503 of Rehabilitation Act of 1973 as
amended; sec. 402 of Vietnam Era Veterans Readjustment Assistance Act of
1974)
[43 FR 49259, Oct. 20, 1978, as amended at 44 FR 49691, Aug. 24, 1979]
