under the Affirmative Action Clause is a ground for the imposition by the agency, the Assistant Secretary, prime contractor, or subcontractor of appropriate sanctions. Any such failure shall be reported in writing to the Assistant Secretary by the agency as soon as practicable after it occurs. § 741.28 Evaluations by Assistant Secretary. The Assistant Secretary shall undertake such evaluations as may be necessary to assure that the purposes of Section 503, of the Rehabilitation Act of 1973 are being effectively carried out. § 741.29 Complaints. (a) (1) Any handicapped employee of any contractor or handicapped applicant for employment with such contractor or subcontractor may, by himself or by an authorized representative, file in writing a complaint of alleged violation of the Employment of the Handicapped clause with the contractor or subcontractor. Where established, contractors and subcontractors shall utilize their internal review procedure, which may be governed by the terms of an applicable collective bargaining agreement generally meeting the requirements of this paragraph, to receive complaints from handicapped employees alleging the employer's failure to promote or advance them in employment or otherwise failing to comply with the Act. Procedures utilized under this paragraph shall provide for fair, expeditious and effective processing of complaints. Actions under these procedures shall be processed to completion within 60 days after the complaint is filed. At the completion of the review and appropriate action thereunder, the employer shall inform the complainant of his right to file a complaint with the Department of Labor if the decision is adverse to the employee. A statement describing the procedures under this subsection shall be disseminated to all employees in an effective manner. (2) No employee may file an administrative complaint with the Employment Standards Administration of the Department of Labor until the internal review procedure, where available, has been accorded 60 days to resolve the matter. (3) If a contractor does not have an internal review procedure, employees may file administrative complaints directly with the Department of Labor. (b) Any handicapped employee of any contractor or handicapped applicant for employment with such contractor may, by himself or by an authorized representative, file in writing a complaint of alleged violation of the affirmative action clause. Such complaint is to be filed not later than 180 days from the date of the alleged violation unless the time for filing is extended by the Assistant Secretary upon good cause shown. (c) Complaints shall be filed with the nearest office of the Employment Standards Administration of the Department of Labor. The Department of Labor may refer complaints to the contracting agency or in the case of multiple contracting agencies, the contracting agency designated by the Assistant Secretary for processing, or they may be processed in accordance with § 741.31. (d) Complaints will be required to be signed by the complainants or their authorized representatives and to contain the following information: (1) Name and address (including telephone number) of the complainant, (2) name and address of the contractor or subcontractor who committed the alleged violation, (3) a description of the act or acts considered to be a violation, (4) a brief statement describing the complainant's job skills or training, if any, job experience or other qualifications for the position, (5) a copy of the complainant's certification, and (6) other pertinent information available which will assist in the investigation and resolution of the complaint, including the name of the Federal Agency with which the employer has contracted. (e) Where a complaint contains incomplete information, the agency or the Assistant Secretary shall promptly seek the needed information from the complainant. In the event such information is not furnished to the agency or the Assistant Secretary within 60 days of the date of such request, the case may be closed. (f) Upon final resolution of a complaint by the agency, the complainant shall be furnished with a copy of the decision. The complainant may file an appeal with the Secretary requesting assumption of jurisdiction under the provisions of 741.31. The Secretary shall review the complaint and all relevant material related thereto, including the decision issued by the agency head. If he determines that assumption of jurisdiction under § 741.31 is necessary or appro (a) Investigations. The agency shall institute a prompt investigation of each complaint referred to it, and shall be responsible for developing a complete case record. A complete case record consists of the following: (1) Name and address of each person interviewed, (2) A summary of his statement, (3) Copies or summaries of pertinent documents, (4) A narrative summary of the evidence disclosed in the investigation as it relates to each charge, and (5) Recommended resolution and/or actions. (b) Resolution of matters. (1) If the investigation of a complaint by an agency pursuant to paragraph (a) of this section shows no violation of the affirmative action clause, the agency shall so inform the Assistant Secretary. The Assistant Secretary shall periodically review such findings of the agency, and he may request further investigation by the agency or may undertake such investigation as he may deem appropriate. (2) If any complaint investigation indicates a violation of the affirmative action clause, the matter should be resolved by informal means whenever possible. (3) Complaint-initiated hearings shall be conducted in accordance with established agency procedures, except that where the Assistant Secretary has assumed jurisdiction hearings shall be conducted in accordance with the procedures set forth under the Service Contract Act in 29 CFR Part 6. (4) For reasonable cause shown, the Assistant Secretary or his designee or an agency head may reconsider or cause to be reconsidered any matter on his own motion or pursuant to a request from the complainant or contractor. (c) Reports to the Assistant Secretary. Within 60 days from receipt of a complaint by the agency, or within such additional time as may be allowed by the Assistant Secretary for good cause shown, the agency shall process the complaint and submit to the Assistant Secretary the case record and a summary report containing the following information: (1) Name and address of the complainant; (2) brief summary of findings including a statement as to the agency's conclusions regarding the contractor's compliance or noncompliance with the requirements of the affirmative action clause; (3) a statement of the disposition of the case, including any corrective action taken and any sanctions or penalties imposed or, whenever appropriate, the recommended corrective action and sanctions or penalties. § 741.31 Assumption of jurisdiction by the Assistant Secretary. (a) The Assistant Secretary my inquire into the status of any matter pending before an agency, including complaints and matters arising out of reports, reviews, and other investigations. Where he considers it necessary or appropriate to achieve the purposes of the Act, he shall assume jurisdiction over complaints, advise the contracting agency, and proceed as provided herein. Whenever the Assistant Secretary assumes jurisdiction over any matter, he may conduct, or have conducted, such investigation, hold such hearings, make such findings, issue such recommendations and request the contracting agencies to take such action as may be appropriate The agency shall take such action, as may be appropriate, and report the results thereof to the Assistant Secretary within the time specified. (b) Hearings convened by the Assistant Secretary shall be conducted in accordance with the rules and regulations promulgated by the Secretary of Labor under the Service Contract Act at 29 CFR Part 6. § 741.32 Actions for non-performance. (a) General. In every case where any complaint investigation indicates the existence of a violation of the affirmative action clause or these regulations, the matter should be resolved by informal means, including conciliation, and persuasion, whenever possible. This will also include, where appropriate, establishing a program for future performance. Where the apparent violation is not resolved by informal means the agency shall proceed in accordance with established agency procedures. (b) Specific performance and/or breach. The agency or Assistant Secretary may, as an alternative or supplement to the administrative remedies set forth herein, seek appropriate judicial relief for breach of contract or specific performance of the affirmative action clause of the contract or both. (c) Withholding progress payments. So much of the accrued payment due on the contract or any other contract between the government prime contractor and the Federal government may be withheld as is authorized under applicable procument law to correct any violations of the provisions of the affirmative action clause. (d) Termination. A contract or subcontract may be cancelled, suspended or terminated, in whole or in part, for failure to comply with the provisions of the affirmative action clause. (e) Debarment. A prime contractor or subcontractor or a prospective contractor or subcontractor may be debarred from receiving future contracts for failure to comply with the provisions of the affirmative action clause. § 741.33 Disputed matters related to the affirmative action program. Disputes related to matters pertaining to the affirmative action program shall be handled pursuant to standard agency procedures for government contracts and subcontracts unless the Assistant Secretary has assumed jurisdiction under § 741.31, in which case the procedures set forth in that section shall apply. § 741.34 Notification of agencies. The Assistant Secretary of Labor shall notify the heads of all agencies of any sanctions taken against any contrator after such sanctions have been imposed. No agency may issue a waiver under § 741.25 (b) (1) to any contractor subject to sanctions without prior approval of the Assistant Secretary. § 741.35 Formal hearings. (a) Hearing opportunity. An opportunity for a formal hearing shall be afforded to a prime contractor or a subcontractor or a prospective prime contractor or subcontractor by the agency or Assistant Secretary in any of the following circumstances: (1) An apparent violation of the affirmative action clause by a contractor or subcontractor, as shown by any complaint investigation, is not resolved by informal means and a hearing is requested pursuant to § 741.30 (b) (3); or approval of the Assistant Secretary may convene formal hearings pursuant to Subpart B. Such hearings shall be conducted in accordance with procedures prescribed by the contract, unless the Assistant Secretary has assumed jurisdiction under § 741.31, in which case hearings shall be conducted as prescribed in 29 CFR Part 6. (c) Decision following hearing. When the hearing is convened by the Assistant Secretary under the rules set forth in 29 CFR Part 6, the Administrative Law Judge shall make recommendations to the Assistant Secretary who shall make the final decision. Parties shall be furnished with copies of the Administrative Law Judge's recommendations and shall be given an opportunity to file their exceptions to the recommended decision. (d) Debarment by an agency. No decision of an agency to debar a contractor or subcontractor shall be final without the prior approval of the Assistant Secretary. § 741.36 Contractor ineligibility list. The Assistant Secretary shall distribute periodically a list to all executive departments and agencies giving the names of prime contractors and subcontractors who have been declared ineligible under the regulations in this part and the Act. Subpart C Ancillary Matters § 741.50 Reinstatement of ineligible contractors and subcontractors. Any prime contractor or subcontractor debarred from further contracts or subcontracts under the Act may request reinstatement in a letter directed to the Assistant Secretary. In connection with the reinstatement proceedings, the pririe contractor or subcontractor shall be required to show that it has established and will carry out employment policies and practices in compliance with the affirmative action clause. (2) The Assistant Secretary or an agency proposes to debar the prime contractor or subcontractor and a hearing is requested pursuant to § 741.30 (b) (3). (b) General procedure. The Assistant Secretary or the agency head, with the DEPARTMENT OF LABOR 1 t 1 2 .1 2 3 Establishment and operation of the Board Rules of practice and procedure PART 801-ESTABLISHMENT AND INTRODUCTORY Purpose and scope of this part. ABLISHMENT AND AUTHORITY OF THE BOARD 401 Representation before the Board. UTHORITY: Sec. 15, 86 Stat. 1261 (33 U.S.C. URCE: 38 FR 6171, Mar. 7, 1973, unless #8 FR 6171, Mar. 7, 1973. § 801.1 Purpose and scope of this part. This Part 801 describes the establish- (a) For purposes of this chapter, ex- (1) "Acts" means the several Acts (2) "Board" means the Benefits Re- (3) "Chairman" or "Chairman of the (4) "Secretary" means the Secretary (5) "Department" means the Depart- (6) "Judge" means an administrative |