the respondent or respondents or to the attorney or attorneys of record. Upon request from employees or other interested persons, the decision will be served upon such persons, and in the discretion of the Trial Examiner, the decision will be served upon such other persons or their attorneys who appeared at the hearing or upon brief by mailing a copy thereof to such persons.

(m) The Secretary of Labor may, in his discretion, direct that in lieu of the procedure set forth in paragraph (a) of this section, the hearing on formal complaint shall be held in the first instance before the Administrator, or Director, in which event the Administrator or Director as the case may be, shall issue an order embodying his decision.

(41 U.S.C. 35, 40; 5 U.S.C. 556) [11 F.R. 14493, Dec. 18, 1946, as amended at 32 F.R. 7703, May 26, 1967. Redesignated at 24 F.R. 10952, Dec. 30, 1959]

(a) Following the hearing and upon completion of the record, the Trial Examiner shall issue an order and decision embodying his findings of fact and conclusions of law on all issues as to whether respondent has violated the representations and stipulations of the act and the amount of damages due therefor, which shall become final, unless a petition for review is filed under § 50-203.11, before the expiration of the time provided for the filing of such petition. The decision of the Trial Examiner shall be inoperative unless and until it becomes final. If the respondent is found to have violated the act, the Trial Examiner in his decision shall make recommendations to the Secretary of Labor as to whether respondent should be relieved from the application of the ineligible list provisions of section 3 of the Walsh-Healey Public Contracts Act of June 30, 1936 (sec. 3, 49 Stat. 2037; 41 U.S.C. 37).

(b) The decision of the Trial Examiner shall be made part of the record, and a copy thereof shall be served upon the respondent or respondents by mailing a copy thereof by registered mail to

§ 50-203.11 Review.

(a) Within twenty (20) days after service of the decision of the Trial Examiner any interested party to the proceeding may file with the Chief Trial Examiner an original and four copies of a petition for review of the decision. The petition shall set out separately and particularly each error assigned. The request for review and the record will then be certified to the Administrator or Director. The Director shall review all cases in which the only substantive violation charged concerns the safety and health provisions of the Walsh-Healey Public Contracts Act (including regulations prescribed thereunder). In addition, the Director shall review all safety or health issues which appear in other cases. All other issues shall be submitted to the Administrator for review.

(b) The petitioner may file a brief (original and four copies) in support of his petition within the period allowed for the filing of the petition. Any interested person upon whom the decision has been served may file within ten (10) days after the expiration of the period within which the petition is required to be filed a brief in support of or in opposition to the Trial Examiner's decision.

(c) The petition and the briefs filed under this section shall make specific reference to the pages of the transcript or of the exhibits which are relevant to the errors asserted with respect to findings of fact, and objections to such findings which are not so supported will not be considered.

(d) No matter properly subject to objection before the Trial Examiner will be considered by the Administrator, or Director, unless it shall have been raised before the Trial Examiner or unless there were reasonable grounds for failure so to do; nor will any matter be considered by the Administrator, or Director, unless included in the assignment of errors. In the discretion of the Administrator, or

Director, whichever has reviewing authority in the matter, review may be denied if the petition and brief in support thereof fail to show adequate cause for such review.

(e) The order denying review, or the decision of the Administrator, or Director, whichever is entered, will be made a part of the record, and a copy of such order or decision will be served upon the parties who were served with a copy of the Trial Examiner's decision.

(f) If the respondent is found to have violated the Act, the Administrator, or Director, in his decision shall make recommendations to the Secretary of Labor as to whether respondent shall be relieved from the application of the ineligible-list provisions of section 3 of the WalshHealey Contracts Act (sec. 4, 49 Stat. 2039; 41 U.S.C. 37).

(g) Application for relief from the ineligible-list provisions of section 3 shall be filed by the respondent with the Secretary of Labor within 20 days from the date of service of the Trial Examiner's decision, the Administrator's decision, or the Director's decision, as the case may be.

(h) Notice of the determination of the Secretary on the application of the ineligible-list provisions of section 3 of the Walsh-Healey Public Contracts Act (sec. 3, 49 Stat. 2037; 41 U.S.C. 37) shall be served upon the parties who were served with a copy of the Trial Examiner's decision, the Administrator's decision, or the Director's decision, as the case may be.

(41 U.S.C. 35, 40; 5 U.S.C. 556)[11 F.R. 14493, Dec. 18, 1946, as amended at 32 F.R. 7703, May 26, 1967. Redesignated at 24 F.R. 10952, Dec. 30, 1959)

Sections 50-203.1 to 50-203.11 shall become effective upon publication in the FEDERAL REGISTER (Dec. 18, 1946): Provided, however, That in any case where a hearing has begun or has been completed prior to said publication, the proceeding shall be conducted pursuant to the rules of practice in effect at the time the proceeding was initiated unless the parties stipulate in writing or orally for the record that the proceeding be conducted in accordance with §§ 50-203.1 to 50203.12.

Subpart B-Exceptions and Exemp

tions Pursuant to Section 6 of the Walsh-Healey Public Contracts Act

§ 50-203.13 Requests Requests for exceptions and exemptions.

(a) Request for the exception or exemption of a contract or class of contracts from the inclusion or application of one or more of those stipulations required by $50-201.1 of this chapter must be made by the head of a contracting agency or department and shall be accompanied with a finding by him setting forth reasons why such inclusion or application will seriously impair the conduct of Government business.

(b) Request for the exception or exemption of a stipulation respecting minimum rates of pay and maximum hours of labor contained in an existing contract must be made jointly by the head of a contracting agency and the contractor and shall be accompanied with a joint finding by them setting forth reasons why such exception or exemption is desired.

(c) All request for exceptions or exemptions which relate solely to safety and health standards shall be transmitted to the Bureau of Labor Standards, Department of Labor. All other request for exceptions or exemptions shall be transmitted to the Public Contracts Division of the Department of Labor.

(41 U.S.C. 35, 40; 5 U.S.C. 556) [12 F.R. 446, Jan. 22, 1947, as amended at 32 F.R. 7703, May 26, 1967. Redesignated at 24 F.R. 10952, Dec. 30, 1959]

§ 50-203.14 Decisions concerning exceptions and exemptions.

Decisions concerning exceptions and exemptions shall be in writing and approved by the Secretary of Labor or officer prescribed by him, originals being filed in the Department of Labor, and certified copies shall be transferred to the department or agency originating the request and to the Comptroller General. All such decisions shall be promulgated to all contracting agencies by the Public Contracts Division of the Department of Labor, or in case of safety and health, by the Bureau of Labor Standards of the Department of Labor.

(41 U.S.C. 35, 40; 5 U.S.C. 556) [32 F.R. 7704, May 26, 1967]

Subpart C-Minimum Wage Determinations Under the Walsh-Healey Public Contracts Act

SOURCE: The provisions of this Subpart C appear at 17 F.R. 7944. Aug. 30, 1952, unless otherwise noted. Redesignated at 24 F.R. 10952, Dec. 30, 1959.

$50-203.15 Initiation of proceeding. Wage determination proceedings may be initiated by the Secretary of Labor with respect to any industry. The proceedings may be initiated by the Secretary of Labor upon his own motion or upon the request of any party showing a proper interest in the industry.

50-203.16 Industry panel meetings.

The Secretary of Labor may, within his discretion, invite representatives of employers and employees in an industry to meet as an informal panel group to discuss with representatives of the Department of Labor the various questions relating to the issuance of a wage aetermination for the industry.

§ 50-203.17 Hearings.

(a) Hearings held for the purpose of receiving evidence with regard to prevailing minimum wages in the various industries shall be conducted by the Secretary of Labor or by a duly assigned Hearing Examiner.

(b) Due notice of hearing shall be published in the FEDERAL REGISTER.

(c) The hearing shall be stenographically reported and a transcript made which will be available to any person at prescribed rates upon request addressed to the Secretary, United States Department of Labor, Fourteenth Street and Constitution Avenue, Northwest, Washington 25, D.C.

(d) At the discretion of the Presiding Officer, the hearing may be continued from day to day or adjourned to a later date, or to a different place by announcement thereof at the hearing or by other appropriate notice.

§ 50-203.18 Evidence.

(a) Witnesses appearing at the hearing need not be sworn. The Presiding Officer may, however, within his discretion, require that witnesses take an oath or affirmation as to testimony submitted.

(b) Written statements may be filed any time prior to the date of the hearing by persons who cannot appear personally.

(c) Written documents and exhibits shall be tendered in quadruplicate. When evidence is embraced in a document containing matter not intended to be put in evidence, within the discretion of the Presiding Officer, such a document will not be received but the person offer

ing the same may present to the Presiding Officer the original document together with two copies of those portions of the document intended to be put in evidence.

(d) At any stage of the hearing, the Presiding Officer may call for further evidence upon any matter. After the hearing has been closed, no further evidence shall be taken, except at the request of the Secretary, unless provision has been made at the hearing for the later receipt of such evidence. In the event that the Secretary shall cause the hearing to be reopened for the purpose of receiving further evidence, due and reasonable notice of the time and place fixed for such taking of testimony shall be given to all persons who have appeared at the hearing or filed a notice of intention to appear at the hearing.

(e) The rules of evidence prevailing in courts of law or equity shall not be controlling. However, it shall be the policy to exclude irrelevant, immaterial. or unduly repetitious evidence.

$50-203.19 Subpoenas and witness fees.

(a) Subpoenas requiring the attendance of witnesses or the presentation of a document from any place in the United States at any designated place of hearing shall be issued by the Secretary or the Hearing Examiner upon request and upon a timely showing, in writing, of the general relevance and reasonable scope of the evidence sought. Any person appearing in the proceeding may apply for the issuance of a subpoena. Such application shall identify exactly the witness or document and state fully the nature of the evidence proposed to be secured.

(b) Witnesses summoned by the Secretary shall be paid the same fees and mileage as are paid witnesses in the courts of the United States. Witness fees and mileage shall be paid by the party at whose instance witnesses appear, and the Secretary before issuing a subpoena may require a deposit of an amount adequate to cover the fees and mileage involved.

§ 50-203.20 Examination of witnesses.

The Presiding Officer shall, consistent with orderly procedure, permit any person appearing at the hearing to conduct such examination or cross-examination of any witness as may be required for a full and true disclosure of the facts, and to object to the admission or exclusion