(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, to
impose appropriate sanctions, or any combination of these outcomes.
(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. 60-741.5, including appropriate
injunctive relief.
(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 any 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 section 503
of the Rehabilitation Act of 1973, as amended; to ``equal opportunity
clause'' shall mean the equal opportunity clause published at 41 CFR 60-
741.5; and to ``regulations'' shall mean the regulations contained in
this part.
