(a) This part contains the rules of practice of the Administrative
Review Board when it is exercising its jurisdiction described in
paragraph (b) of this section.
(b) The Board has jurisdiction to hear and decide in its discretion
appeals concerning questions of law and fact from final decisions of the
Administrator of the Wage and Hour Division or authorized
representative, and from decisions of Administrative Law Judges under
subparts B, D, and E of part 6 of this title, arising under the Service
Contract Act and the Contract Work Hours and Safety Standards Act where
the contract is also subject to the Service Contract Act. The Board
shall not have jurisdiction to pass on the validity of any portion of
the Code of Federal Regulations which has been duly promulgated through
notice and comment by the Department of Labor and shall observe the
provisions thereof, where pertinent, in its decisions. The jurisdiction
of the Board includes:
(1) Wage determinations issued under the Service Contract Act;
(2) Substantial variance proceedings or arm's-length negotiations
proceedings pursuant to section 4(c) of the Service Contract Act;
(3) Debarment or other enforcement proceedings;
(4) Proceedings to determine substantial interest of debarred
persons or firms;
(5) Decisions of the Wage-Hour Administrator or authorized
representative regarding recommendations of a Federal agency for
adjustment or waiver of liquidated damages assessed under the Contract
Work Hours and Safety Standards Act;
(6) Other final actions of the Wage-Hour Administrator or authorized
representative (e.g., additional classification actions and rulings with
respect to application of the Act(s), or the regulations, or of wage
determinations issued thereunder).
(7) Other matters specifically referred to the Board by the
Secretary of Labor.
(c) In considering the matters within the scope of its jurisdiction
the Board shall act as the authorized representative of the Secretary of
Labor and shall act as fully and finally as might the Secretary of Labor
concerning such matters.
(d) The Board is an appellate body and shall decide cases properly
brought before it on the basis of all relevant matter contained in the
entire record before it. Decisions by the Board shall be based upon the
preponderance of the
evidence before it. It may remand with appropriate instructions any case
for the taking of additional evidence and the making of new or modified
findings by reason of the additional evidence. However, unless the
petition for review cities alleged procedural irregularities in the
proceeding below and not the merits of a case, the Board shall not
consider a petition for review filed by any party against whom default
judgment has been entered pursuant to the provisions of part 6 of this
title.
[49 FR 10637, Mar. 21, 1984, as amended at 61 FR 19985, May 3, 1996]
