(a) This part contains the rules of practice of the Administrative
Review Board when it is exercising its jurisdiction described in
paragraph (b) of this section.
(b) The Board has jurisdiction to hear and decide in its discretion
appeals concerning questions of law and fact from final decisions under
parts 1, 3, and 5 of this subtitle including decisions as to the
following: (1) Wage determinations issued under the Davis-Bacon Act and
its related minimum wage statutes; (2) debarment cases arising under
part 5 of this subtitle; (3) controversies concerning the payment of
prevailing wage rates or proper classifications which involve
significant sums of money, large groups of employees, or novel or
unusual situations; and (4) recommendations of a Federal agency for
appropriate adjustment of liquidated damages which are assessed under
the Contract Work Hours and Safety Standards Act.
(c) In exercising its discretion to hear and decide appeals, the
Board shall consider, among other things, timeliness, the nature of the
relief sought, matters of undue hardship or injustice, or the public
interest.
(d) In considering the matters within the scope of its jurisdiction
the Board shall act as the authorized representative of the Secretary of
Labor. The Board shall act as fully and finally as might the Secretary
of Labor concerning such matters.
(e) The Board is an essentially appellate agency. It will not hear
matters de novo except upon a showing of extraordinary circumstances. It
may remand under appropriate instructions any case for the taking of
additional evidence and the making of new or modified findings by reason
of the additional evidence.
[36 FR 10863, June 4, 1971, as amended at 61 FR 19985, May 3, 1996]
