(a) Within twenty (20) days after service of the decision of the
administrative law judge any interested party to the proceeding may file
with the Chief administrative law judge an original and four copies of a
petition for review of the decision. The petition shall set out
separately and particularly each error assigned. The request for review
and the record will then be certified to the Administrative Review
Board.
(b) The petitioner may file a brief (original and four copies) in
support of his petition within the period allowed for the filing of the
petition. Any interested person upon whom the decision has been served
may file within ten (10) days after the expiration of the period within
which the petition is required to be filed a brief in support of or in
opposition to the administrative law judge's decision.
(c) The petition and the briefs filed under this section shall make
specific reference to the pages of the transcript or of the exhibits
which are relevant to the errors asserted with respect to findings of
fact, and objections to such findings which are not so supported will
not be considered.
(d) No matter properly subject to objection before the
administrative law judge will be considered by the Administrative Review
Board unless it shall have been raised before the administrative law
judge or unless there were reasonable grounds for failure so to do; nor
will any matter be considered by the Administrative Review Board unless
included in the assignment or errors. In the discretion of the
Administrative Review Board, review may be denied if the petition and
brief in support thereof fail to show adequate cause for such review.
(e) The order denying review, or the decision of the Administrative
Review Board, whichever is entered, will be made a part of the record,
and a copy of such order or decision will be served upon the parties who
were served with a copy of the administrative law judge's decision.
(f) If the respondent is found to have violated the Act, the
Administrative Review Board shall determine whether respondent shall be
relieved from the application of the ineligible list provisions of
section 3 of the Walsh-Healey Public Contracts Act (sec. 4, 49 Stat.
2039; 41 U.S.C. 37).
[11 FR 14493, Dec. 18, 1946. Redesignated at 24 FR 10952, Dec. 30, 1959,
and amended at 36 FR 289, Jan. 8, 1971; 61 FR 19987, May 3, 1996]
