(a) Within 60 calendar days after the date of the hearing, the
administrative law judge shall issue a decision. If any party desires review of
the decision, including judicial review, a petition for Secretary's review
thereof shall be filed as provided in §655.845 of this subpart. If a
petition for review is filed, the decision of the administrative law judge
shall be inoperative unless and until the Secretary issues an order affirming
the decision, or, unless and until 30 calendar days have passed after the
Secretary's receipt of the petition for review and the Secretary has not issued
notice to the parties that the Secretary will review the administrative law
judge's decision.
(b) 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; the reason or reasons for such
order shall be stated in the decision.
(c) In the event that the Administrator's determination of wage violation(s)
and computation of back wages are based upon a wage determination obtained by
the Administrator from ETA during the investigation (pursuant to
§655.731(d)) and the administrative law judge determines that the
Administrator's request was not warranted (under the standards in
§655.731(d)), the administrative law judge shall remand the matter to the
Administrator for further proceedings on the existence of wage violations
and/or the amount(s) of back wages owed. If there is no such determination and
remand by the administrative law judge, the administrative law judge shall
accept as final and accurate the wage determination obtained from ETA or, in
the event either the employer or another interested party filed a timely
complaint through the Employment Service complaint system, the final wage
determination resulting from that process. See §655.731; see also 20 CFR
658.420 through 658.426. Under no circumstances shall the administrative law
judge determine the validity of the wage determination or require submission
into evidence or disclosure of source data or the names of establishments
contacted in developing the survey which is the basis for the prevailing wage
determination.
(d) The administrative law judge shall not render determinations as to the
legality of a regulatory provision or the constitutionality of a statutory
provision.
(e) The decision shall be served on all parties in person or by certified or
regular mail.
[59 FR 65672, 65676, Dec. 20, 1994, as amended at 65 FR 80237, Dec. 20, 2000]