[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR501.40]



[Page 62-63]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 501_ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN 

AGRICULTURAL WORKERS ADMITTED UNDER SECTION 216 OF THE IMMIGRATION AND 

NATIONALITY ACT--Table of Contents

 

                  Subpart C_Administrative Proceedings

 

Sec.  501.40  Consent findings and order.



    (a) General. At any time after the commencement of a proceeding 

under this part, but prior to the reception of evidence in any such 

proceeding, a party may move to defer the receipt of any evidence for a 

reasonable time to permit negotiation of an agreement containing consent 

findings and an order disposing of the whole or any part of the 

proceeding. The allowance of such deferment and the duration thereof 

shall be at the discretion of the



[[Page 63]]



Administrative Law Judge, after consideration of the nature of the 

proceeding, the requirements of the public interest, the representations 

of the parties, and the probability of an agreement being reached which 

will result in a just disposition of the issues involved.

    (b) Content. Any agreement containing consent findings and an order 

disposing of a proceeding or any part thereof shall also provide:

    (1) That the order shall have the same force and effect as an order 

made after full hearing;

    (2) That the entire record on which any order may be based shall 

consist solely of the notice of administrative determination (or amended 

notice, if one is filed), and the agreement;

    (3) A waiver of any further procedural steps before the 

Administrative Law Judge; and

    (4) A waiver of any right to challenge or contest the validity of 

the findings and order entered into in accordance with the agreement.

    (c) Submission. On or before the expiration of the time granted for 

negotiations, the parties or their authorized representatives or their 

counsel may:

    (1) Submit the proposed agreement for consideration by the 

Administrative Law Judge; or

    (2) Inform the Administrative Law Judge that agreement cannot be 

reached.

    (d) Disposition. In the event an agreement containing consent 

findings and an order is submitted within the time allowed therefor, the 

Administrative Law Judge, within thirty (30) days thereafter, shall, if 

satisfied with its form and substance, accept such agreement by issuing 

a decision based upon the agreed findings.



                         Post-Hearing Procedures