(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.
