1 On April 17, 1996, a Secretary's
Order was signed delegating jurisdiction to issue final agency decisions under this statute to the
newly
created Administrative Review Board. 61 Fed. Reg. 19978 (May 3, 1996). Secretary's Order
2-96
contains a comprehensive list of the statutes, executive order, and regulations under which the
Administrative Review Board now issues final agency decisions. Final procedural revisions to
the
regulations implementing this reorganization were also promulgated on that date. 61 Fed. Reg.
19982.
3 We believe that the ALJ's
reliance on J & J Merrick's Enterprises to support the finding that Petitioners met Part
I of the test is misplaced. In that case, the Petitioner's failure to pay its employees prevailing
wages was the result of improper record keeping, which, however, was mitigated by facts of
record
indicating that the contractor was relying on ambiguous advice from the Wage and Hour
Division
concerning proper record keeping requirements.