PART 60-30—RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS TO ENFORCE EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246 Link to an amendment published at 91 FR 54474, Aug. 21, 2026. Link to an amendment published at 91 FR 54500, Aug. 21, 2026. Authority: Executive Order 11246, as amended, 30 FR 12319, 32 FR 14303, as amended by E.O. 12086; 29 U.S.C. 793, as amended, and 38 U.S.C. 4212, as amended. Source: 43 FR 49259, Oct. 20, 1978, unless otherwise noted. General Provisions § 60-30.1 Applicability of rules. This part provides the rules of practice for all administrative proceedings, instituted by the OFCCP including but not limited to proceedings instituted against construction contractors or subcontractors, which relate to the enforcement of equal opportunity under Executive Order 11246, as amended. In the absence of a specific provision, procedures shall be in accordance with the Federal Rules of Civil Procedure. § 60-30.2 Waiver, modification. Upon notice to all parties, the Administrative Law Judge may, with respect to matters pending before him modify or waive any rule herein upon a determination that no party will be prejudiced and that the ends of justice will be served thereby. [43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978] § 60-30.3 Computation of time. In computing any period of time under these rules or in an order issued hereunder, the time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed by the Federal Government in which event it includes the next business day. § 60-30.4 Form, filing, service of pleadings and papers. (a) Form. (b) Service. (c) Proof of service. [43 FR 49259, Oct. 20, 1978, as amended at 86 FR 1795, Jan. 11, 2021] Prehearing Procedures § 60-30.5 Administrative complaint. (a) Filing. (b) Contents. (c) Amendment. (E.O. 11246 as amended; sec. 503 of Rehabilitation Act of 1973 as amended) [43 FR 49259, Oct. 20, 1978, as amended at 44 FR 49691, Aug. 24, 1979; 63 FR 59642, Nov. 4, 1998] § 60-30.6 Answer. (a) Filing and service. (b) Contents; failure to file. (c) Procedure, upon admission of facts. § 60-30.7 Notice of prehearing conference. The Administrative Law Judge shall respond to defendant's request for a hearing within 15 days and shall serve a notice of prehearing conference on the parties. The notice shall contain the time and place of the conference. § 60-30.8 Motions; disposition of motions. (a) Motions. (b) Disposition of motions. Provided, § 60-30.9 Interrogatories, and admissions as to facts and documents. (a) Interrogatories. (b) Admissions. (c) Objections or failures to respond. § 60-30.10 Production of documents and things and entry upon land for inspection and other purposes. (a) After commencement of the action, any party may serve on any other party a request to produce and/or permit the party, or someone acting on his behalf, to inspect and copy any unprivileged documents, phonorecords, and other compilations, including computer tapes and printouts which contain or may lead to relevant information and which are in the possession, custody, or control of the party upon whom the request is served. If necessary, translation of data compilations shall be done by the party furnishing the information. (b) After commencement of the action, any party may serve on any other party a request to permit entry upon designated property which may be relevant to the issues in the proceeding and, which is in the possession or control of the party upon whom the request is served for the purpose of inspection, measuring, surveying or photographing, testing, or sampling the property or any designated object or area. (c) Each request shall set forth with reasonable particularity the items to be inspected and shall specify a reasonable time and place for making the inspection and performing the related acts. (d) The party upon whom the request is served shall respond within 25 days after the service of the request. The response shall state, with respect to each item, that inspection and related activities will be permitted as requested, unless there are objections, in which case the reasons for each objection shall be stated. The party submitting the request may move for an order with respect to any objection or to other failure to respond. § 60-30.11 Depositions upon oral examination. (a) Depositions; notice of examination. (b) Production of witnesses; obligation of parties; objections. (c) Before whom taken; scope of examination; failure to answer. Provided, (d) Subscription; certification; filing. (e) Rulings on admissibility; use of deposition. (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. (2) The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent, or was designated to testify on behalf of a public or private corporation, partnership, association, or governmental agency which is a party may be used by the adverse party for any purpose. (3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the administrative law judge finds: (i) That the witness is dead; or (ii) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (iii) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (iv) upon application and notice, that such exceptional circumstances exist as to make it desirable to allow the deposition to be used. (4) If only part of a deposition is introduced in evidence by a party, any party may introduce any other parts by way of rebuttal and otherwise. (f) Stipulations. [43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978] § 60-30.12 Prehearing conferences. (a) Upon his own motion or the motion of the parties, the Administrative Law Judge may direct the parties or their counsel to meet with him for a conference to consider: (1) Simplification of the issues; (2) Necessity or desirability of amendments to pleadings for purposes of clarification, simplification, or limitation; (3) Stipulations, admissions of fact and of contents and authenticity of documents; (4) Limitation of number of witnesses; (5) Scheduling dates for the exchange of witness lists and of proposed exhibits; (6) Such other matters as may tend to expedite the disposition of the proceedings. (b) The record shall show the matters disposed of by order and by agreement in such pretrial conferences. The subsequent course of the proceeding shall be controlled by such action. § 60-30.13 Consent findings and order. (a) General. (b) Content. (1) That the order shall have the same force and effect as an order made after full hearing; (2) That the entire record on which any order may be based shall consist solely of the complaint and the agreement; (3) That any further procedural steps are waived; and (4) That any right to challenge or contest the validity of the findings and order entered into in accordance with the agreement is waived. (c) Submission. (1) Submit the proposed agreement to the Administrative Law Judge for his consideration; (2) Inform the Administrative Law Judge that agreement cannot be reached. (d) Disposition. [43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978] Hearings and Related Matters § 60-30.14 Designation of Administrative Law Judges. Hearings shall be held before an Administrative Law Judge of the Department of Labor who shall be designated by the Chief Administrative Law Judge of the Department of Labor. After commencement of the proceeding but prior to the designation of an Administrative Law Judge, pleadings and papers shall be filed with the Chief Administrative Law Judge. [43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978] § 60-30.15 Authority and responsibilities of Administrative Law Judges. The Administrative Law Judge shall propose findings and conclusions to the Secretary on the basis of the record. In order to do so, he shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, and to maintain order. He shall have all powers necessary to those ends, including, but not limited to, the power to: (a) Hold conferences to settle, simplify, or fix the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding by consent of the parties or upon his own motion; (b) Require parties to state their position with respect to the various issues in the proceeding; (c) Require parties to produce for examination those relevant witnesses and documents under their control; and require parties to answer interrogatories and requests for admissions in full; (d) Administer oaths; (e) Rule on motions, and other procedural items or matters pending before him; (f) Regulate the course of the hearing and conduct of participants therein; (g) Examine and cross-examine witnesses, and introduce into the record documentary or other evidence; (h) Receive, rule on, exclude, or limit evidence and limit lines of questioning or testimony which are irrelevant, immaterial, or unduly repetitious; (i) Fix time limits for submission of written documents in matters before him and extend any time limits established by this part upon a determination that no party will be prejudiced and that the ends of justice will be served thereby; (j) Impose appropriate sanctions against any party or person failing to obey an order under these rules which may include: (1) Refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting it from introducing designated matters in evidence; (2) Excluding all testimony of an unresponsive or evasive witness, or determining that the answer of such witness, if given, would be unfavorable to the party having control over him; and (3) Expelling any party or person from further participation in the hearing; (k) Take official notice of any material fact not appearing in evidence in the record, which is among the traditional matters of judicial notice; (l) Recommend whether the respondent is in current violation of the order, regulations, or its contractual obligations, as well as the nature of the relief necessary to insure the full enjoyment of the rights secured by the order; (m) Issue subpoenas; and (n) Take any action authorized by these rules. [43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978] § 60-30.16 Appearances. (a) Representation. (b) Failure to appear. § 60-30.17 Appearance of witnesses. (a) A party wishing to procure the appearance at the hearing of any person having personal or expert knowledge of the matters in issue shall serve on the prospective witness a notice, which may be accomplished by an administrative subpoena, setting forth the time, date, and place at which he is to appear for the purpose of giving testimony. The notice shall also set forth the categories of documents the witness is to bring with him to the hearing, if any. A copy of the notice shall be filed with the Administrative Law Judge and additional copies shall be served upon the opposing parties. (b) It shall be the obligation of each party to produce for examination any person, along with such documents as may be requested, at the time and place, and on the date, set forth in the notice, if that party has control over such person. Each party shall be deemed to have control over its officers, agents, employees, and members. Due regard shall be given to the convenience of witnesses in scheduling their testimony so that they will be detained no longer than reasonably necessary. (c) The party or prospective witness may file an objection within 5 days after notice of production of such witness is served stating with particularity the reasons why the party cannot produce a requested witness. The party serving the notice may move for an order with respect to such objection or failure to produce a witness. [43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978] § 60-30.18 Rules of evidence. In any hearing, decision, or administrative review conducted pursuant to this part, all evidentiary matters shall be governed by Office of Administrative Law Judges' Rules of evidence at 29 CFR part 18, subpart B, Provided however, [55 FR 19069, May 8, 1990] § 60-30.19 Objections; exceptions; offer of proof. (a) Objections. (b) Exceptions. (c) Offer of proof. [43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978] § 60-30.20 Ex parte communications. The Administrative Law Judge shall not consult any person, or party, on any fact in issue unless upon notice and opportunity for all parties to participate. No employee or agent of the Federal Government engaged in the investigation and prosecution of this case shall participate or advise in the rendering of the recommended or final decision in the case, except as witness or counsel in the proceeding. § 60-30.21 Oral argument. Any party shall be entitled upon request to a reasonable period between the close of evidence and termination of the hearing for oral argument. Oral arguments shall be included in the official transcript of the hearing. § 60-30.22 Official transcript. The official transcripts of testimony taken, together with any exhibits, briefs, or memorandums of law, shall be filed with the Administrative Law Judge. Transcripts of testimony may be obtained from the official reporter by the parties and the public as provided in section 11(a) of the Federal Advisory Committee Act (86 Stat. 770). Upon notice to all parties, the Administrative Law Judge may authorize such corrections to the transcript as are necessary to reflect accurately the testimony. § 60-30.23 Summary judgment. (a) For the Government. (b) For defendant. (c) Other parties. (d) Statement of uncontested facts. (e) Motion and proceedings. (f) Case not fully adjudicated on motion. [43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978] § 60-30.24 Participation by interested persons. (a)(1) To the extent that proceedings hereunder involve employment of persons covered by a collective bargaining agreement, and compliance may necessitate a revision of such agreement, any labor organization which is a signatory to the agreement shall have the right to participate as a party. (2) Other persons or organizations shall have the right to participate as parties if the final Administrative order could adversely affect them or the class they represent, and such participation may contribute materially to the proper disposition of the proceedings. (3) Any person or organization wishing to participate as a party under this section shall file with the Administrative Law Judge and serve on all parties a petition within 25 days after the commencement of the action or at such other time as ordered by the Administrative Law Judge, so long as it does not disrupt the proceeding. Such petition shall concisely state: (i) Petitioner's interest in the proceedings; (ii) who will appear for petitioner; (iii) the issues on which petitioner wishes to participate; and (iv) whether petitioner intends to present witnesses. (4) The Administrative Law Judge shall determine whether each petitioner has the requisite interest in the proceedings and shall permit or deny participation accordingly. Where petitions to participate as parties are made by individuals or groups with common interest, the Administrative Law Judge may request all such petitioners to designate a single representative to represent all such petitioners: Provided, (b)(1) Any other interested person or organization wishing to participate as amicus curiae shall file a petition before the commencement of the final hearing with the Administrative Law Judge. Such petition shall concisely state: (i) The petitioner's interest in the hearing; (ii) who will represent the petitioner; and (iii) the issues on which petitioner intends to present argument. The Administrative Law Judge may grant the petition if he finds that the petitioner has a legitimate interest in the proceedings, and that such participation may contribute materially to the proper disposition of the issues. An amicus curiae is not a party but may participate as provided in this section. (2) An amicus curiae may present a brief oral statement at the hearing at the point in the proceeding specified by the Administrative Law Judge. He may submit a written statement of position to the Administrative Law Judge prior to the beginning of a hearing and shall serve a copy on each party. He may also submit a brief or written statement at such time as the parties submit briefs and exceptions, and he shall serve a copy on each party. [43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978] Post-Hearing Procedures § 60-30.25 Proposed findings of fact and conclusions of law. Within 20 days after receipt of the transcript of the testimony, each party and amicus may file a brief. Such briefs shall be served simultaneously on all parties and amici, and a certificate of service shall be furnished to the Administrative Law Judge. Requests for additional time in which to file a brief shall be made in writing, and copies shall be served simultaneously on the other parties. Requests for extensions shall be received not later than 3 days before the date such briefs are due. No reply brief may be filed except by special permission of the Administrative Law Judge. § 60-30.26 Record for recommended decision. The transcript of testimony, exhibits, and all papers, documents, and requests filed in the proceedings, including briefs, but excepting the correspondence section of the docket, shall constitute the record for decision. § 60-30.27 Recommended decision. Within a reasonable time after the filing of briefs, the Administrative Law Judge shall recommend findings, conclusions, and a decision. These recommendations shall be certified, together with the record for recommended decision, to the Administrative Review Board, United States Department of Labor, for a final Administrative order. The recommended findings, conclusions, and decision shall be served on all parties and amici to the proceeding. [61 FR 19988, May 3, 1996] § 60-30.28 Exceptions to recommended decisions. Within 14 days after receipt of the recommended findings, conclusions, and decision, any party may submit exceptions to said recommendation. These exceptions may be responded to by other parties within 14 days of their receipt by said parties. All exceptions and responses shall be filed with the Administrative Review Board, United States Department of Labor. Service of such briefs or exceptions and responses shall be made simultaneously on all parties to the proceeding. Requests to the Administrative Review Board, United States Department of Labor, for additional time in which to file exceptions and responses shall be in writing and copies shall be served simultaneously on other parties. Requests for extensions must be received no later than 3 days before the exceptions are due. [61 FR 19988, May 3, 1996] § 60-30.29 Record. After expiration of the time for filing briefs and exceptions, the Administrative Review Board, United States Department of Labor, shall make a decision, which shall be the Administrative order, on the basis of the record. The record shall consist of the record for recommended decision, the rulings and recommended decision of the Administrative Law Judge and the exceptions and briefs filed subsequent to the Administrative Law Judge's decision. [85 FR 30627, May 20, 2020] § 60-30.30 Administrative Order. After expiration of the time for filing, the Administrative Review Board, United States Department of Labor, shall make a decision which shall be served on all parties. If the Administrative Review Board, United States Department of Labor, concludes that the defendant has violated the Executive Order, the equal opportunity clause, or the regulations, an Administrative Order shall be issued enjoining the violations, and requiring the contractor to provide whatever remedies are appropriate, and imposing whatever sanctions are appropriate, or any of the above. In any event, failure to comply with the Administrative Order shall result in the immediate cancellation, termination, and suspension of the respondent's contracts and/or debarment of the respondent from further contracts. [85 FR 30627, May 20, 2020] Expedited Hearing Procedures Authority: Sections 60-30.31 to 60-30.37 issued under E.O. 11246 (30 FR 12319) as amended by E.O. 11375 and 12086. Source: Sections 60-30.31 through 60-30.37 appear at 44 FR 77003, Dec. 28, 1979, unless otherwise noted. § 60-30.31 Expedited hearings—when appropriate. Expedited Hearings may be used, inter alia, § 60-30.32 Administrative complaint and answer. (a) Expedited hearings shall be commenced by filing an administrative complaint in accordance with 41 CFR 60-30.5. The complaint shall state that the hearing is subject to these expedited hearing procedures. (b) The answer shall be filed in accordance with 41 CFR 60-30.6 (a) and (b). (c) Failure to request a hearing within the 20 days provided by 41 CFR 60-30.6(a) shall constitute a waiver of hearing, and all the material allegations of fact contained in the complaint shall be deemed to be admitted. If a hearing is not requested or is waived, within 25 days of the complaint's filing, the Administrative Law Judge shall adopt as findings of fact the material facts alleged in the complaint, and shall order the appropriate sanctions and/or penalties sought in the complaint. The Administrative Law Judge's findings and order shall constitute a final Administrative order, unless the Office of the Solicitor, U.S. Department of Labor, files exceptions to the findings and order within 10 days of receipt thereof. If the Office of the Solicitor, U.S. Department of Labor, files exceptions, the matter shall proceed in accordance with § 60-30.36 of this part. (d) If a request for a hearing is received within 20 days as provided by 41 CFR 60-30.6(a), the hearing shall be convened within 45 days of receipt of the request and shall be completed within 15 days thereafter, unless more hearing time is required. § 60-30.33 Discovery. (a) Any party may serve requests for admissions in accordance with § 60-30.9 (b) and (c). (b) Witness lists and hearing exhibits will be exchanged at least 10 days in advance of the hearing. (c) For good cause shown, and upon motion made in accordance with § 60-30.8, the Administrative Law Judge may allow the taking of depositions. Other discovery will not be permitted. § 60-30.34 Conduct of hearing. (a) At the hearing, the Government shall be given an opportunity to demonstrate the basis for the request for sanctions and/or remedies, and the contractor shall be given an opportunity to show that the violation complained of did not occur and/or that good cause or good faith efforts excuse the alleged violations. Both parties shall be allowed to present evidence and argument and to cross-examine witnesses. (b) The hearing shall be informal in nature, and the Administrative Law Judge shall not be bound by formal rules of evidence. § 60-30.35 Recommended decision after hearing. Within 15 days after the hearing is concluded, the Administrative Law Judge shall recommend findings, conclusions, and a decision. The Administrative Law Judge may permit the parties to file written post-hearing briefs within this time period, but the Administrative Law Judge's recommendations shall not be delayed pending receipt of such briefs. These recommendations shall be certified, together with the record, to the Administrative Review Board, United States Department of Labor, for a final Administrative order. The recommended decision shall be served on all parties and amici to the proceeding. [61 FR 19989, May 3, 1996] § 60-30.36 Exceptions to recommendations. Within 10 days after receipt of the recommended findings, conclusions and decision, any party may submit exceptions to said recommendations. Exceptions may be responded to by other parties within 7 days after receipt by said parties of the exceptions. All exceptions and responses shall be filed with the Administrative Review Board, United States Department of Labor. Briefs or exceptions and responses shall be served simultaneously on all parties to the proceeding. [61 FR 19989, May 3, 1996] § 60-30.37 Final Administrative Order. After expiration of the time for filing exceptions, the Administrative Review Board, United States Department of Labor, shall issue an Administrative Order which shall be served on all parties. Unless the Administrative Review Board, United States Department of Labor, issues an Administrative Order within 30 days after the expiration of the time for filing exceptions, the Administrative Law Judge's recommended decision shall become a final Administrative Order which shall become effective on the 31st day after expiration of the time for filing exceptions. Except as to specific time periods required in this subsection, 41 CFR 60-30.30 shall be applicable to this section. [85 FR 30627, May 20, 2020] § 60-30.38 Severability. Should a court of competent jurisdiction hold any provision(s) of this part to be invalid, such action will not affect any other provision of this part. [88 FR 51735, Aug. 4, 2023]