(a) General. (1) If a compliance evaluation, complaint investigation
or other review by OFCCP finds a violation of the Act or this part, and
the violation has not been corrected in accordance with the conciliation
procedures in this part, or OFCCP determines that referral for
consideration of formal enforcement (rather than settlement) is
appropriate, OFCCP may refer the matter to the Solicitor of Labor with a
recommendation for the institution of enforcement proceedings to enjoin
the violations, to seek appropriate relief, and to impose appropriate
sanctions, or any of the above in this sentence. OFCCP may seek back pay
and other make whole relief for aggrieved individuals identified during
a complaint investigation or compliance evaluation. Such individuals
need not have filed a complaint as a prerequisite to OFCCP seeking such
relief on their behalf. Interest on back pay shall be calculated from
the date of the loss and compounded quarterly at the percentage rate
established by the Internal Revenue Service for the underpayment of
taxes.
(2) In addition to the administrative proceedings set forth in this
section, the Deputy Assistant Secretary may, within the limitations of
applicable law, seek appropriate judicial action to enforce the
contractual provisions set forth in Sec. 60-250.5, including
appropriate injunctive relief.
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(b) Hearing practice and procedure. (1) In administrative
enforcement proceedings the contractor shall be provided an opportunity
for a formal hearing. All hearings conducted under the Act and this part
shall be governed by the Rules of Practice for Administrative
Proceedings to Enforce Equal Opportunity Under Executive Order 11246
contained in 41 CFR part 60-30 and the Rules of Evidence set out in the
Rules of Practice and Procedure for Administrative Hearings Before the
Office of Administrative Law Judges contained in 29 CFR part 18, subpart
B: Provided, That a final administrative order shall be issued within
one year from the date of the issuance of the recommended findings,
conclusions and decision of the Administrative Law Judge, or the
submission of exceptions and responses to exceptions to such decision
(if any), whichever is later.
(2) Complaints may be filed by the Solicitor, the Associate
Solicitor for Civil Rights, Regional Solicitors and Associate Regional
Solicitors.
(3) For the purposes of hearings pursuant to this part, references
in 41 CFR part 60-30 to ``Executive Order 11246'' shall mean the Vietnam
Era Veterans'' Readjustment Assistance Act of 1974, as amended (38
U.S.C. 4212 (2001)); to ``equal opportunity clause'' shall mean the
equal opportunity clause published at Sec. 60-250.5; and to
``regulations'' shall mean the regulations contained in this part.
