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Content Last Revised: 1/15/93
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 34  

Implementation of the Nondiscrimination and Equal Opportunity Requirements of the Job Training Partnership Act of 1982, As Amended (JTPA)

 

 

 

Subpart E  

Federal Procedures For Effecting Compliance


29 CFR 34.51 - Hearings.

  • Section Number: 34.51
  • Section Name: Hearings.

    (a) Notice of opportunity for hearing. As part of a Final 
Determination, or a Notification of Breach of a Conciliation Agreement, 
the Director shall include, and serve on the grant applicant or 
recipient (by certified mail, return receipt requested), a notice of 
opportunity for hearing.
    (b) Complaint; request for hearing; answer.
    (1) In the case of noncompliance which cannot be voluntarily 
resolved, the Final Determination or Notification of Breach of 
Conciliation Agreement shall be deemed the Department's formal 
complaint.
    (2) To request a hearing, the grant applicant or recipient must file 
a written answer to the Final Determination or Notification of Breach of 
Conciliation Agreement, and a copy of the Final Determination or 
Notification of Breach of Conciliation Agreement, with the Office of the 
Administrative Law Judges.
    (i) The answer must be filed within 30 days of the date of receipt 
of the Final Determination or Notification of Breach of Conciliation 
Agreement.
    (ii) A request for hearing must be set forth in a separate paragraph 
of the answer.
    (iii) The answer shall specifically admit or deny each finding of 
fact in the Final Determination or Notification of Breach of 
Conciliation Agreement. Where the grant applicant or recipient does not 
have knowledge or information sufficient to form a belief, the answer 
may so state and the statement shall have the effect of a denial. 
Findings of fact not denied shall be deemed admitted. The answer shall 
separately state and identify matters alleged as affirmative defenses 
and shall also set forth the matters of fact and law relied on by the 
grant applicant or recipient.
    (3) The grant applicant or recipient must simultaneously serve a 
copy of its filing on the Office of the Solicitor, Civil Rights 
Division, Room N-2464, U.S. Department of Labor, 200 Constitution Avenue 
NW., Washington DC 20210.
    (4)(i) The failure of a grant applicant or recipient to request a 
hearing under this paragraph, or to appear at a hearing for which a date 
has been set, is deemed to be a waiver of the right to a hearing; and
    (ii) Whenever a hearing is waived, all allegations of fact contained 
in the Final Determination or Notification of Breach of Conciliation 
Agreement shall be deemed admitted and the Final Determination or 
Notification of Breach of Conciliation Agreement shall be deemed the 
Final Decision of the Secretary as of the day following the last date by 
which the grant applicant or recipient was required to request a hearing 
or was to appear at a hearing. See Sec. 34.52(b)(3).
    (c) Time and place of hearing. Hearings shall be held at a time and 
place ordered by the Administrative Law Judge upon reasonable notice to 
all parties and, as appropriate, the complainant. In selecting a place 
for the hearing, due regard shall be given to the convenience of the 
parties, their counsel, if any, and witnesses.
    (d) Judicial process; evidence.
    (1) The Administrative Law Judge may use judicial process to secure 
the attendance of witnesses and the production of documents pursuant to 
Section 9 of the Federal Trade Commission Act (15 U.S.C. 49).
    (2) Evidence. In any hearing or administrative review conducted 
pursuant to this part, evidentiary matters shall be governed by the 
standards and principles set forth in the Uniform Rules of Evidence 
issued by the Department of Labor's Office of Administrative Law Judges, 
29 CFR part 18.
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