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Content Last Revised: 07/22/2005

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Code of Federal Regulations Pertaining to ESA

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Title 41  

Public Contracts and Property Management


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Chapter 60  

Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor



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Part 60-741  

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities




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Subpart D  

General Enforcement and Complaint Procedures

41 CFR 60-741.65 - Enforcement proceedings.

  • Section Number: 60-741.65
  • Section Name: Enforcement proceedings.

    (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 
    (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.
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