(a) This section sets forth the procedure for resolution of disputes
of fact or law concerning payment of prevailing wage rates, overtime
pay, or proper classification. The procedures in this section may be
initiated upon the Administrator's own motion, upon referral of the
dispute by a Federal agency pursuant to Sec. 5.5(a)(9), or upon request
of the contractor or subcontractor(s).
(b)(1) In the event of a dispute described in paragraph (a) of this
section in which it appears that relevant facts are at issue, the
Administrator will notify the affected contractor and subcontractor(s)
(if any), by registered or certified mail to the last known address, of
the investigation findings. If the Administrator determines that there
is reasonable cause to believe that the contractor and/or
subcontractor(s) should also be subject to debarment under the Davis-
Bacon Act or Sec. 5.12(a)(1), the letter will so indicate.
(2) A contractor and/or subcontractor desiring a hearing concerning
the Administrator's investigative findings shall request such a hearing
by letter postmarked within 30 days of the date of the Administrator's
letter. The request shall set forth those findings which are in dispute
and the reasons therefor, including any affirmative defenses, with
respect to the violations and/or debarment, as appropriate.
(3) Upon receipt of a timely request for a hearing, the
Administrator shall refer the case to the Chief Administrative Law Judge
by Order of Reference, to which shall be attached a copy of the letter
from the Administrator and response thereto, for designation of an
Administrative Law Judge to conduct such hearings as may be necessary to
resolve the disputed matters. The hearing shall be conducted in
accordance with the procedures set forth in 29 CFR part 6.
(c)(1) In the event of a dispute described in paragraph (a) of this
section in which it appears that there are no relevant facts at issue,
and where there is not at that time reasonable cause to institute
debarment proceedings under Sec. 5.12, the Administrator shall notify
the contractor and subcontractor(s) (if any), by registered or certified
mail to the last known address, of the investigation findings, and shall
issue a ruling on any issues of law known to be in dispute.
(2)(i) If the contractor and/or subcontractor(s) disagree with the
factual findings of the Administrator or believe that there are relevant
facts in dispute, the contractor or subcontractor(s) shall so advise the
Administrator by letter postmarked within 30 days of the date of the
Administrator's letter. In the response, the contractor and/or
subcontractor(s) shall explain in detail the facts alleged to be in
dispute and attach any supporting documentation.
(ii) Upon receipt of a response under paragraph (c)(2)(i) of this
section alleging the existence of a factual dispute, the Administrator
shall examine the information submitted. If the Administrator determines
that there is a relevant issue of fact, the Administrator
shall refer the case to the Chief Administrative Law Judge in accordance
with paragraph (b)(3) of this section. If the Administrator determines
that there is no relevant issue of fact, the Administrator shall so rule
and advise the contractor and subcontractor(s) (if any) accordingly.
(3) If the contractor and/or subcontractor(s) desire review of the
ruling issued by the Administrator under paragraph (c)(1) or (2) of this
section, the contractor and/or subcontractor(s) shall file a petition
for review thereof with the Administrative Review Board within 30 days
of the date of the ruling, with a copy thereof the Administrator. The
petition for review shall be filed in accordance with part 7 of this
title.
(d) If a timely response to the Administrator's findings or ruling
is not made or a timely petition for review is not filed, the
Administrator's findings and/or ruling shall be final, except that with
respect to debarment under the Davis-Bacon Act, the Administrator shall
advise the Comptroller General of the Administrator's recommendation in
accordance with Sec. 5.12(a)(1). If a timely response or petition for
review is filed, the findings and/or ruling of the Administrator shall
be inoperative unless and until the decision is upheld by the
Administrative Law Judge or the Administrative Review Board.
