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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Office of the Secretary of Labor |
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| Rules of Practice for Administrative Proceedings Enforcing Labor Standards In Federal and Federally Assisted Construction Contracts and Federal Service Contracts |
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| Enforcement Proceedings Under the Service Contract Act (and Under the Contract Work Hours and Safety Standards Act for Contracts Subject to the Service Contract Act) |
(a) Within 30 days after the service of the complaint the respondent
shall file an answer with the Chief Administrative Law Judge. The answer
shall be signed by the respondent or his/her attorney.
(b) The answer shall (1) contain a statement of the facts which
constitute the grounds of defense, and shall specifically admit,
explain, or deny each
of the allegations of the complaint unless the respondent is without
knowledge, in which case the answer shall so state; or (2) state that
the respondent admits all of the allegations of the complaint. The
answer may contain a waiver of hearing. Failure to file an answer to or
plead specifically to any allegation of the complaint shall constitute
an admission of such allegation.
(c) Failure to file an answer shall constitute grounds for waiver of
hearing and entry of a default judgment unless respondent shows good
cause for such failure to file. In preparing the decision of default
judgment the Administrative Law Judge shall adopt as findings of fact
the material facts alleged in the complaint and shall order the
appropriate relief and/or sanctions.