the hearing. Such notice shall set forth (1) the time and place of the hearing, (2) a concise statement of the allegations of fact which constitute a basis for the proceeding, (3) a statement informing the alleged violator that he may be represented by counsel at the hearing and will be given full opportunity to present written or oral testimony and to examine and cross examine witnesses on all matters relating to the charges, and (4) a statement informing the alleged violator that failure to appear will not preclude the wage board from taking testimony, receiving proof and making findings and recommendations with respect to the charges.

(d) Conduct of the hearing. The rules of evidence prevailing in courts of law and equity shall not be controlling. The test of admissibility shall be the reliability, relevancy, and probative force of the evidence offered.

All testimony shall be given under oath and a written transcript of the hearing shall be made.

The presiding officer shall afford reasonable opportunity for cross-examination of the witnesses. At the close of the hearing, the presiding officer may, at his discretion, allow a short period for the presentation of oral argument, or for a summary of the facts disclosed at the hearing and, if he deems it advisable, may allow briefs to be filed within a period described by him, not to exceed five (5) days.

(e) Findings and recommendations. Upon conclusion of the hearing, a majority of the wage board shall prepare findings of fact and recommendations and submit them, together with the transcript of the proceedings to the Administrator. A copy of the findings of fact and recommendations shall be served on the alleged violator. After consideration of the record, the Administrator shall determine whether the alleged violator has made salary or wage payments in contravention of the regulations in this part or any specific wage ceiling regulations issued pursuant to these regulations or any determination and public notice issued by him and shall make appropriate findings and conclusions. A copy of such determination and of such findings and conclusions shall be served by registered mail on the alleged violator. [Paragraph (e) amended Oct. 23, 1944, 9 F.R. 128091

(f) Petition for reconsideration. Within five (5) days after receipt of a copy of the Administrator's determination and findings and conclusions, the alleged violator may file with the hearing clerk, Office of the Solicitor, United States Department of Agriculture, Washington 25, D. C., a petition for reconsideration of such determination. Such petition may be accompanied by any affidavits or briefs which the alleged violator desires to submit. Within a reasonable time after receiving such a request for reconsideration, the Administrator shall affirm, modify, or reverse his original determination, or direct a further hearing to be held. Such further hearing shall follow the procedure prescribed for the original hearing. [Reg., Jan. 20, 1944, 9 F.R. 832, as amended Oct. 23, 1944, 9 F.R. 12809]

CODIFICATION: In § 1107.9, paragraphs (b), (e) and (f), as issued Jan. 20, 1944, 9 F.R. 832, appeared as set forth below. In the first sentence of paragraph (e), the words "a preponderance of the" preceding the word “evidence", were deleted and the word "substantial" substituted therefor, July 8, 1944, 9 F.R. 7646.

(b) Preliminary investigation. Preliminary investigations of alleged unlawful wage or salary payments shall be made by representatives of the Administrator. A report of investigation shall be submitted to the Regional Attorney, United States Department of Agriculture, for consideration. He shall forward the report, with his recommendations, to the board. If, after consideration of such report and recommendations the wage board is of the opinion that there is reasonable cause to believe that a violation has occurred, the wage board shall request the alleged violator to appear at a hearing before the wage board at a place designated by the wage board.

(e) Findings and recommendations. Upon conclusion of the hearing, if a majority of the wage board is satisfied that the charge has been sustained by substantial evidence, it shall find accordingly. Findings of fact and recommendations shall be prepared, subscribed by the concurring members of the wage board and submitted to the Administrator, together with a transcript of the proceedings. A copy of the findings of fact and recommendations shall be served on the alleged violator. After consideration of the findings and recommendations, the Administrator shall determine whether the alleged violator has made salary or wage payments in contravention of the regulations in this part or any determination and public notice issued by him. A copy of such determination shall be served by registered mail on the alleged violator.

Within

Such

(f) Petition for reconsideration. five (5) days after receipt of a copy of the Administrator's determination, the alleged violator may file with the War Food Administrator, Washington, D. C., a petition for reconsideration of such determination. petition may be accompanied by any affidavits or briefs which the alleged violator desires to submit. Within a reasonable time after receiving such a request for reconsideration, the Administrator shall affirm, modify, or reverse his original determination, or direct a further hearing to be held. Such further hearing shall follow the procedure prescribed for the original hearing. The determination of the Administrator shall be final and shall not be subject to review by The Tax Court of the United States or by any court in any civil proceedings: Provided, however, That nothing herein is intended to deny the right of any employer or employee to contest in The Tax Court of the United States or in any court of competent jurisdiction the validity of:

(1) Any provision in this part on the ground that such provision is not authorized by law, or

(2) Any action taken or determination made under this part, on the ground that such action or determination is not authorized, or has not been taken or made in a manner required, by law.

§ 1107.10 Inspection of records. Upon request of an authorized agent of the War Food Administrator, the Department of Agriculture, or a WFA Wage Board, any person, including an independent contractor, employing or paying agricultural labor performing services described in any specific wage ceiling regulation issued pursuant to these regulations, shall make available for inspection and audit by such authorized agent all employment and wage records kept by such persons, such inspection and audit to be made at a place designated by such authorized agent, unless such person prefers to have the audit and inspection made at such person's place of business where such records are kept.

[Reg., July 8, 1944, 9 F.R. 7646]

§ 1107.11 Evasions. The salary or wage limitations described in any specific wage ceiling regulation issued pursuant to the regulations in this part shall not be evaded either by direct or indirect methods in connection with any contract of hire, offer, solicitation, or agreement for the payment of any agricultural labor described in such specific wage ceiling regulation, or by payment, gift, or any other form of compensation to any such agricultural labor, such compensation including, but not limited to, bonuses, gifts, perquisites, transpor

either others

tation, salary, allowance of payment for not working, or payment for more volume or hours than those actually worked. Nor shall any person singly or in conjunction with pay any agricultural labor described in any specific wage ceiling regulation issued pursuant to the regulations in this part any additional compensation of any kind whatsoever for performing work for which such employee is receiving or will receive a salary or wages if such additional compensation would have the effect of increasing the total compensation of such employee to more than is permitted by the terms of the specific wage ceiling regulation applicable to such agricultural labor. [Reg., Oct. 23, 1944, 9 F.R. 12809]

PART 1108-SALARIES AND WAGES OF AGRICULTURAL LABOR IN THE STATE OF IDAHO [ADDED] Sec.

1108.1 Picking green peas in designated

1108.4 1108.5

Potatoes in designated counties. Sugar beets, topping and loading, in designated counties.

Sugar beets, topping and loading, in designated counties.

AUTHORITY: §§ 1108.1 to 1108.5, inclusive, issued under 56 Stat. 765, as amended; 50 U.S.C. App., Sup., 961 et seq.; E.O. 9250, 9328; 3 CFR Cum. Supp. Regulations of Director of Economic Stabilization; Part 4001 of Title 32. Part 1107 of this chapter.

§ 1108.1 Picking green peas in designated counties-(a) Areas, crops, and classes of workers. Persons engaged in picking green peas for market in the counties of Ada, Adams, Gem, Canyon, Owyhee, Payette, Valley and Washington, State of Idaho, are agricultural labor as defined in § 4001.1 (1) of Title 32.

(b) Wage rates. Maximum wage rates for picking all varieties of green peas for market:

60¢ per full bushel hamper.

(c) Administration. The Idaho WFA Wage Board located at Room 621, Idaho Bldg., Boise, Idaho, will have charge of the administration of this section in accordance with the provisions of Part 1107 of this chapter.

(d) Applicability of specific wage ceiling regulations. This section shall be deemed to be a part of the specific wage ceiling regulations issued by the War Food Administrator on January 20, 1944

(xii) $1.49 per ton if yield is 17 net tons per acre.

(xiii) $1.47 per ton if yield is 18 or more net tons per acre.

When topping and loading are performed by different persons, not more than 70 percent of the rates shall be paid for topping and not more than 30 percent of the rates shall be paid for loading.

(c) Administration. The Idaho WFA Wage Board, located in Room 621, Idaho Building, Boise, Idaho, will have charge of the administration of this section in accordance with the provisions of Part 1107 of this chapter.

(d) Applicability of specific wage ceiling regulations. This section shall be deemed to be a part of the specific wage ceiling regulations issued by the War Food Administrator on January 20, 1944 (Part 1107 of this chapter), and the provisions of such regulations shall be applicable to this section and any violation of this section shall constitute a violation of such specific wage ceiling regulations.

(e) Termination. This section shall expire at 11:59 p. m., Mountain War Time, December 31, 1944; Provided, however, That the provisions of this section, after that time, shall continue to remain in full force and effect for the purpose of allowing or sustaining any suit, action, prosecution, or administrative or other proceeding theretofore or thereafter commenced with respect to any violation committed or right or liability accruing under or pursuant to the terms of those provisions of this section. [Specific Wage Ceiling Reg. 33, Oct. 4, 1944, 9 F.R. 12145]

NOTE: 1108.4, as set forth above in small type, expired during the period covered by this Supplement, in accordance with the provisions of paragraph (e) thereof.

§ 1108.5 Sugar beets, topping and loading, in designated counties-(a) Areas, crops, and classes of workers. Persons engaged in topping and loading sugar beets in the Counties of Cassia, Gooding, Jerome, Lincoln, Minidoka and Twin Falls, State of Idaho, are agricultural labor as defined in § 4001.1 (1) of Title 32.

acre.

(xii) $1.49 per ton if yield is 17 net tons per acre.

(xiii) $1.47 per ton if yield is 18 or more net tons per acre.

When topping and loading are performed by different persons, not more than 70 percent of the rates shall be paid for topping and not more than 30 percent of the rates shall be paid for loading.

(c) Administration. The Idaho WFA Wage Board, located in Room 621, Idaho Building, Boise, Idaho, will have charge of the administration of this section in accordance with the provisions of Part 1107 of this chapter.

(d) Applicability of specific wage ceiling regulations. This section shall be deemed to be a part of the specific wage ceiling regulations issued by the War Food Administrator on January 20, 1944 (Part 1107 of this chapter), and the provisions of such regulations shall be applicable to this section and any violation of this section shall constitute a violation of such specific wage ceiling regulations.

(e) Termination. This section shall expire at 11:59 p. m., Mountain War Time, December 31, 1944; Provided, however, That the provisions of this section, after that time, shall continue to remain in full force and effect for the purpose of allowing or sustaining any suit, action, prosecution, or administrative or other proceeding theretofore or thereafter commenced with respect to any violation committed or right or liability accruing under or pursuant to the terms of those provisions of this section. [Specific Wage Ceiling Reg. 34, Oct. 4, 1944, 9 FR. 12147]

NOTE: 1108.5, as set forth above in small type, expired during the period covered by this Supplement, in accordance with the provisions of paragraph (e) thereof.

PART 1109-SALARIES AND WAGES OF AGRICULTURAL LABOR IN THE STATE OF DELAWARE [ADDED]

Sec. 1109.1

Asparagus in Kent and Sussex counties.

§ 1109.1 Asparagus in Kent and Sussex counties-(a) Areas, crops, and classes of workers. Persons engaged in cutting, bunching, and packing asparagus in the counties of Kent and Sussex, State of Delaware, are agricultural labor as defined in § 4001.1 (1) of Title 32.

(b) Wage rates; maximum wage rates for cutting asparagus.

(1) Hourly rate-40¢ per hour in both Kent and Sussex counties except that in the Bridgeville area (defined as follows: as far north as Greenwood, as far west as the Delaware-Maryland line, as far south as Cannon's Crossing, and as far east as the road intersecting Route No. 16 on the north and Route No. 18 on the south at an average distance of about 41⁄2 miles), the hourly rate shall be 45¢.

Meals may not be furnished in addition to the rates specified above but housing may be furnished.

(2) Piece work rate-8¢ per bunch for complete operation of cutting, bunching, and packing in the field-this rate to apply in all parts of Kent and Sussex counties

(c) Administration. The Delaware WFA Wage Board located at the University of Delaware, Newark, Delaware, will have charge of the administration of this section in accordance with the provisions of Part 1107 of this chapter.

(d) Applicability of specific wage ceiling regulations. This section shall be deemed to be a part of the specific wage ceiling regulations issued by the War Food Administrator on January 20, 1944 (Part 1107 of this chapter) and the provisions of such regulations shall be applicable to this section and any violation of this section shall constitute a violation of such specific wage ceiling regulations. (56 Stat. 765, as amended; 50 U.S.C. App., Sup., 961 et seq. E.O. 9328; 3 CFR Cum. Supp. Regs., Director of Economic Stabilization, Part 4001 of Title 32. Part 1107 of this chapter) [Specific Wage Ceiling Reg. 11, June 15, 1944, 9 F.R. 6700]

PART 1110-SALARIES AND WAGES OF AGRICULTURAL LABOR IN THE STATE OF OREGON [ADDED]

Sec.

1110.1 Picking green peas in Malheur County.

625507-45-SUPP. VII-BK. 2. 46

Sec.

1110.2 1110.3

Potatoes in Klamath County. Harvesting apples and pears in Hood River County.

1110.4 Potatoes in Crook and Deschutes Counties.

AUTHORITY: §§ 1110.1 to 1110.4, inclusive, issued under 56 Stat. 765, as amended; 50 U.S.C. App., Sup., 961 et seq. E.O. 9250, 9328; 3 CFR Cum. Supp.; Regulations of Director of Economic Stabilization; Part 4001 of Title 32. Part 1107 of this chapter.

§ 1110.1 Picking green peas in Malheur County-(a) Areas, crops, and classes of workers. Persons engaged in picking green peas for market in Malheur County, State of Oregon, are agricultural labor as defined in § 4001.1 (1) of Title 32.

(b) Wage rates; maximum wage rates for picking all varieties of green peas for market.

60¢ per full bushel hamper.

(c) Administration. The Oregon WFA Wage Board located at 701 Pittock Block, Portland 5, Oregon, will have charge of the administration of this section in accordance with the provisions of Part 1107 of this chapter.

(d) Applicability of specfic wage ceiling regulations. This section shall be deemed to be a part of the specific wage ceiling regulations issued by the War Food Administrator on January 20, 1944 (Part 1107 of this chapter) and the provisions of such regulations shall be applicable to this section and any violation of this section shall constitute a violation of such specific wage ceiling regulations. [Specific Wage Ceiling Reg. 12, June 15, 1944, 9 F.R. 6701]

§ 1110.2 Potatoes in Klamath County-(a) Areas, crops, and classes of workers. Persons engaged in picking and other harvesting of all varieties of potatoes in the County of Klamath, State of Oregon, are agricultural labor as defined in § 4001.1 (1) of Title 32.

(b) Wage rates; maximum wage rates for harvesting all varieties of potatoes. (1) Wage rate for picking potatoes-5¢ per half sack of 60 pounds.

(2) Wage rate for all other harvest labor (Swampers, buckers and loaders) but excluding persons engaged in hauling and excluding employees in service with current employer continuously more than 90 days prior to effective date of this specific wage ceiling regulation$1.25 per hour.

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