(a) The Act applies in adversary adjudications in which the position
of the Department or another agency of the United States is presented by
an attorney or other representative who enters an appearance and
participates in the proceeding in an adversarial capacity. Any
proceeding which prescribes a lawful present or future rate or is
primarily rule-making is not covered. Proceedings to grant or renew
licenses are also excluded, but proceedings to modify, suspend or revoke
licenses are covered if they are otherwise adversary adjudications. The
following types of proceedings are deemed to be adversarial
adjudications which will be covered by the Act, when all other
conditions in the Act and in these rules are met:
(1) Hearings conducted by the Occupational Safety and Health Review
Commission under the authority of 29 U.S.C. 661 of the Occupational
Safety and Health Act; and hearings conducted by the Federal Mine Safety
and Health Review Commission under the authority of 30 U.S.C. 823 of the
Mine Safety and Health Act. In these proceedings, the rules of the
respective Commissions rather than the instant rules will be applicable.
(2) Wage and Hour Division, Employment Standards Administration:
(i) Civil money penalties under the child labor provisions of the
Fair Labor Standards Act at 29 U.S.C. 216(e) and 29 CFR part 579.
(ii) Violations and debarment in Federal contracts under the Walsh-
Healey Act at 41 U.S.C. 39 and 41 CFR 50-203.1.
(iii) Revocation, modification and suspension of licenses under the
Farm Labor Contractor Registration Act at 7 U.S.C. 2045(b) and 29 CFR
40.101.
(iv) Civil money penalties under the Farm Labor Contractor
Registration Act at 7 U.S.C. 2048(b)(2) and 29 CFR 40.101.
(v) Revocation and suspension of certificates under the Migrant and
Seasonal Agricultural Worker Protection Act at 29 U.S.C. 1813(b) and 29
CFR 500.200.
(vi) Civil money penalties under the Migrant and Seasonal
Agricultural Worker Protection Act at 29 U.S.C. 1853(b) and 29 CFR
500.200.
(3) Office of Federal Contract Compliance Programs, Employment
Standards Administration hearings prior to the denial, withholding,
termination or suspension of a government contract or any portion of a
contract under title VII of the Civil Rights Act of 1964, as amended, at
42 U.S.C. 2000e-17 and 41 CFR part 60-30.
(4) Office of Civil Rights:
(i) Fund termination under title VI of the Civil Rights Act at 42
U.S.C. 2000d2 and 29 CFR part 31.
(ii) Fund termination under the Age Discrimination in Federally
Assisted Programs Act of 1975 at 42 U.S.C. 6104(a).
(iii) Fund termination or refusal to grant because of discrimination
under 20 U.S.C. 1682.
(5) Employment and Training Administration:
(i) Proceedings under the Comprehensive Employment and Training Act
at 29 U.S.C. 818, where the Department determines that a recipient of
CETA funds is failing to comply with the requirements of the Act and the
implementing regulations.
(ii) Conformity and compliance under the Federal Unemployment Tax
Act at 26 U.S.C. 3303(b) and 3304(c).
(iii) Proceedings under section 303(b) of the Social Security Act of
1935, as amended, 42 U.S.C. 503(b).
(6) Mine Safety and Health Administration:
(i) Petitions for modification of a mandatory safety standard under
the Mine Safety and Health Act at 30 U.S.C. 811(c) and 30 CFR 44.20.
(7) Occupational Safety and Health Administration:
(i) Exemptions, tolerances and variances under the Occupational
Safety and Health Act at 29 U.S.C. 655 and 29 CFR 1905.3.
(b) If a proceeding includes both matters covered by the Act and
matters specifically excluded from coverage, any award made will include
only fees and expenses related to the covered issues.
[46 FR 63021, Dec. 29, 1981, as amended at 48 FR 43322, Sept. 23, 1983]
