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Content Last Revised: 5/31/91
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 580  

Civil Money Penalties--Procedures for Assessing and Contesting Penalties


29 CFR 580.12 - Decision and Order of Administrative Law Judge.

  • Section Number: 580.12
  • Section Name: Decision and Order of Administrative Law Judge.

    (a) The Administrative Law Judge shall render a decision on the 
issues referred by the Administrator.
    (b) The decision of the Administrative Law Judge shall be limited to 
a determination of whether the respondent has committed a violation of 
section 12, or a repeated or willful violation of section 6 or section 7 
of the Act, and
the appropriateness of the penalty assessed by the Administrator. The 
Administrative Law Judge shall not render determinations on the legality 
of a regulatory provision or the constitutionality of a statutory 
provision.
    (c) The decision of the Administrative Law Judge shall include a 
statement of findings and conclusions, with reasons and basis therefor, 
upon each material issue presented on the record. The decision shall 
also include an appropriate order which may affirm, deny, reverse, or 
modify, in whole or in part, the determination of the Administrator.
    (d) The Administrative Law Judge shall serve copies of the decision 
on each of the parties.
    (e) The decision of the Administrative Law Judge shall constitute 
the final order of the Secretary unless, pursuant to Sec. 580.13 of this 
part, there is an appeal to the Secretary.
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