(a) Proposed findings of fact, conclusions, and 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 Administrative Law Judge proposed findings of fact, conclusions of
law, and order, together with a supporting brief expressing the reasons
for such proposals. Such proposals and brief shall be served on all
parties, and shall refer to all portions of the record and to all
authorities relied upon in support of each proposal.
(b) Decision of the Administrative Law Judge. (1) Within a
reasonable time after the time allowed for filing of proposed findings
of fact, conclusions of law, and order, or within 30 days of receipt of
an agreement containing consent findings and order disposing of the
disputed matter in whole, the Administrative Law Judge shall make his/
her decision. If any aggrieved party desires review of the decision, a
petition for review thereof shall be filed as provided in Sec. 6.34 of
this title, and such decision and order shall be inoperative unless and
until the Administrative Review Board either declines to review the
decision or issues an order affirming the decision. The decision of the
Administrative Law Judge shall include findings of fact and conclusions
of law, with reasons and bases therefor, upon each material issue of
fact, law, or discretion presented on the record. Such decision shall be
in accordance with the regulations and rulings contained in part 5 and
other pertinent parts of this title. The decision of the Administrative
Law Judge shall be based upon a consideration of the whole record,
including any admissions made in the respondent's answer (response) and
Sec. 6.32 of this title. It shall be supported by reliable and probative
evidence.
(2) If the respondent is found to have violated the labor standards
provisions of any of the statutes listed in Sec. 5.1 of part 5 of this
title other than the Davis-Bacon Act, and if debarment action was
requested pursuant to the complaint (notification letter) or any
amendment thereto, the Administrative Law Judge shall issue an order as
to whether the respondent is to be subject to the ineligible list as
provided in Sec. 5.12(a)(1) of this title, including any findings of
aggravated or willful violations. If the respondent is found to have
violated the Davis-Bacon Act, and if debarment action was requested, the
Administrative Law Judge shall issue as a part of the order a
recommendation as to whether respondent should be subject to the
ineligible list pursuant to section 3(a) of the Act, including any
findings regarding respondent's disregard of obligations to employees
and subcontractors. If wages are found due and are unpaid, no relief
from the ineligible list shall be ordered or recommended except on
condition that such wages are paid.
(3) The Administrative Law Judge shall make no findings regarding
liquidated damages under the Contract Work Hours and Safety Standards
Act.
