(a) The hearing for the purpose of taking evidence upon a formal
complaint shall be conducted by an administrative law judge.
Administrative law judges shall, so far as practicable, be assigned to
cases in rotation. In case of the death, illness, disqualification or
unavailability of the administrative law judge presiding in any
proceeding, another administrative law judge may be designated to take
his place. Such hearings shall be open to the public unless otherwise
ordered by the administrative law judge.
(b) The administrative law judges shall perform no duties
inconsistent with their duties and responsibilities as administrative
law judges. Save to the extent required for the disposition of ex parte
matters as authorized by law, no administrative law judge shall consult
any person or party as to any fact in issue unless upon notice and
opportunity for all parties to participate.
(c) Administrative law judges shall act independently in the
performance of their functions as administrative law judge and shall not
be responsible to, or subject to the supervision or direction of, any
officer, employee or agent engaged in the performance of investigative
or prosecuting functions for the Department of Labor in the enforcement
of the Public Contracts Act.
(d) At all hearings it shall be the right of counsel for the
Government to open and close, subject to the right of the administrative
law judge to designate, upon cause shown, who shall open and close.
(e) It shall be the duty of the administrative law judge to inquire
fully into the facts as to whether the respondent has breached or
violated any of the provisions of the Walsh-Healey Public Contracts Act
of June 30, 1936 (49 Stat. 2036, as amended; 41 U.S.C. 35-45), or any
rules or regulations prescribed thereunder, as set forth in the formal
complaint. Counsel for the Government, and the administrative law judge,
shall have the power to call, examine, and cross-examine witnesses and
to introduce into the record documentary or other evidence.
(f) Any party to the proceeding shall have the right to appear at
such hearing in person, by counsel, or otherwise, to call, examine, and
cross-examine witnesses, and to introduce into the record documentary or
other evidence.
(g) In any such proceedings, the rules of evidence prevailing in
courts of law or equity shall not be controlling. However, it shall be
the policy to exclude irrelevant, immaterial, or unduly repetitious
evidence.
(h) In any such proceedings, in the discretion of the administrative
law judge, stipulations of fact may be made with respect to any issue.
(i) Any objection with respect to the conduct of the hearing,
including any objection to the introduction of evidence, shall be stated
orally, together with a short statement of the grounds for such
objection, and included in the stenographic report of the hearing. No
such objection shall be deemed waived by further participation in the
proceeding.
(j) Unless the administrative law judge otherwise directs, any party
to the proceeding shall be entitled to a reasonable period at the close
of the hearing for oral argument, which shall not be included in the
stenographic report of the hearing unless the administrative law judge
directs.
(k) In the discretion of the administrative law judge, the hearing
may be
continued from day to day, or adjourned to a later date, or to a
different place, by announcement thereof at the hearing by the
administrative law judge, or by other appropriate notice.
(l) Contemptuous conduct at any hearing before an administrative law
judge shall be ground for exclusion from the hearing. The failure or
refusal of a witness to appear at any such hearing or to answer any
question which has been ruled to be proper shall be ground for the
action provided in section 5 of the Walsh-Healey Public Contracts Act of
June 30, 1936 (sec. 5, 49 Stat. 2039; 41 U.S.C. 39), and in the
discretion of the administrative law judge may be ground for the
striking out of all testimony which may have been previously given by
such witness on related matters.
[11 FR 14493, Dec. 18, 1946. Redesignated at 24 FR 10952, Dec. 30, 1959,
and amended at 36 FR 289, Jan. 8, 1971; 61 FR 19987, May 3, 1996; 61 FR
32910, June 25, 1996]
