(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, conclusion 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 the filing of proposed
findings of fact, conclusions of law, and order, or within 30 days
after 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. 6.20 of this title, and such decision and order shall be
inoperative unless and until the Administrative Review Board 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. The decision of the Administrative
Law Judge shall be based upon a consideration of the whole record,
including any admissions made under Secs. 6.16, 6.17 and 6.18 of this
title. It shall be supported by reliable and probative evidence. Such
decision shall be in accordance with the regulations and rulings
contained in parts 4 and 5 and other pertinent parts of this title.
(2) If the respondent is found to have violated the Service Contract
Act, the Administrative Law Judge shall include in his/her decision an
order as to whether the respondent is to be relieved from the ineligible
list as provided in section 5(a) of the Act, and, if relief is ordered,
findings of the unusual circumstance, within the meaning of section 5(a)
of the Act, which are the basis therefor. If respondent is found to have
violated the provisions of the Contract Work Hours and Safety Standards
Act, 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 part 4 of this title, including findings regarding
the existence of aggravated or willful violations. If wages and/or
fringe benefits are found due under the Service Contract Act and/or the
Contract Work Safety Standards Act and are unpaid, no relief from the
ineligible list shall be ordered except on condition that such wages
and/or fringe benefits are paid.
(3) The Administrative Law Judge shall make no findings regarding
liquidated damages under the Contract Work Hours and Safety Standards
Act.
