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lotter on DSK11XQN23PROD with PROPOSALS2

Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules motion or upon request of the contractor.
b1 In the event of a dispute described in paragraph a of this section in which it appears that relevant facts are at issue, the Administrator will notify the affected contractors and the prime contractor if different of the investigative findings by certified mail to the last known address.
2 A contractor desiring a hearing concerning the Administrators investigative findings letter shall request such a hearing by letter postmarked within 30 calendar days of the date of the Administrators letter. The request shall set forth those findings which are in dispute with respect to the violations and/or debarment, as appropriate, and explain how the findings are in dispute, including by making reference to any affirmative defenses.
3 Upon receipt of a timely request for a hearing, the Administrator shall refer the case to the Chief Administrative Law Judge by Order of Reference, to which shall be attached a copy of the investigative findings letter from the Administrator and response thereto, for designation to an Administrative Law Judge to conduct such hearings as may be necessary to resolve the disputed matters. The hearing shall be conducted in accordance with the procedures set forth in 29 CFR part 6.
c1 In the event of a dispute described in paragraph a of this section in which it appears that there are no relevant facts at issue, and where there is not at that time reasonable cause to institute debarment proceedings under 23.520, the Administrator shall notify the contractors of the investigation findings by certified mail to the last known address, and shall issue a ruling in the investigative findings letter on any issues of law known to be in dispute.
2i If the contractor disagrees with the factual findings of the Administrator or believes that there are relevant facts in dispute, the contractor shall so advise the Administrator by letter postmarked within 30 calendar days of the date of the Administrators letter. In the response, the contractor shall explain in detail the facts alleged to be in dispute and attach any supporting documentation.
ii Upon receipt of a timely response under paragraph c2i of this section alleging the existence of a factual dispute, the Administrator shall examine the information submitted. If the Administrator determines that there is a relevant issue of fact, the Administrator shall refer the case to the Chief Administrative Law Judge in
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accordance with paragraph b3 of this section. If the Administrator determines that there is no relevant issue of fact, the Administrator shall so rule and advise the contractor accordingly.
3 If the contractor desires review of the ruling issued by the Administrator under paragraph c1 or c2ii of this section, the contractor shall file a petition for review thereof with the Administrative Review Board postmarked within 30 calendar days of the date of the ruling, with a copy thereof to the Administrator. The petition for review shall be filed in accordance with the procedures set forth in 29 CFR part 7.
d If a timely response to the Administrators investigative findings letter is not made or a timely petition for review is not filed, the Administrators investigative findings letter shall become the final order of the Secretary.
If a timely response or petition for review is filed, the Administrators letter shall be inoperative unless and until the decision is upheld by the Administrative Law Judge or the Administrative Review Board, or otherwise becomes a final order of the Secretary.
23.520

Debarment proceedings.

a Whenever any contractor is found by the Secretary of Labor to have disregarded its obligations to workers or subcontractors under Executive Order 14026 or this part, such contractor and its responsible officers, and any firm, corporation, partnership, or association in which such contractor or responsible officers have an interest, shall be ineligible for a period of up to three years to receive any contracts or subcontracts subject to Executive Order 14026 from the date of publication of the name or names of the contractor or persons on the ineligible list.
b1 Whenever the Administrator finds reasonable cause to believe that a contractor has committed a violation of Executive Order 14026 or this part which constitutes a disregard of its obligations to workers or subcontractors, the Administrator shall notify by certified mail to the last known address, the contractor and its responsible officers and any firms, corporations, partnerships, or associations in which the contractor or responsible officers are known to have an interest, of the finding. The Administrator shall afford such contractor and any other parties notified an opportunity for a hearing as to whether debarment action should be taken under Executive Order 14026 or this part. The Administrator shall furnish to those notified a summary of the investigative findings. If the
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contractor or any other parties notified wish to request a hearing as to whether debarment action should be taken, such a request shall be made by letter to the Administrator postmarked within 30
calendar days of the date of the investigative findings letter from the Administrator, and shall set forth any findings which are in dispute and the reasons therefor, including any affirmative defenses to be raised. Upon receipt of such timely request for a hearing, the Administrator shall refer the case to the Chief Administrative Law Judge by Order of Reference, to which shall be attached a copy of the investigative findings letter from the Administrator and the response thereto, for designation of an Administrative Law Judge to conduct such hearings as may be necessary to determine the matters in dispute.
2 Hearings under this section shall be conducted in accordance with the procedures set forth in 29 CFR part 6.
If no hearing is requested within 30
calendar days of the letter from the Administrator, the Administrators findings shall become the final order of the Secretary.
23.530 Referral to Chief Administrative Law Judge; amendment of pleadings.

a Upon receipt of a timely request for a hearing under 23.510 where the Administrator has determined that relevant facts are in dispute or 23.520
debarment, the Administrator shall refer the case to the Chief Administrative Law Judge by Order of Reference, to which shall be attached a copy of the investigative findings letter from the Administrator and response thereto, for designation of an Administrative Law Judge to conduct such hearings as may be necessary to decide the disputed matters. A copy of the Order of Reference and attachments thereto shall be served upon the respondent. The investigative findings letter from the Administrator and response thereto shall be given the effect of a complaint and answer, respectively, for purposes of the administrative proceedings.
b At any time prior to the closing of the hearing record, the complaint investigative findings letter or answer response may be amended with the permission of the Administrative Law Judge and upon such terms as he/she may approve. For proceedings pursuant to 23.510, such an amendment may include a statement that debarment action is warranted under 23.520.
Such amendments shall be allowed when justice and the presentation of the merits are served thereby, provided there is no prejudice to the objecting
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