The following are the types of hearings where the Department
encourages audiovisual coverage:
(a) All hearings involving notice and comment and on-the-record rule
making proceedings. The Administrative Procedure Act provides for notice
of proposed rule making with provision for participation by interested
parties through submission of written data, views, or arguments, with or
without opportunity for oral presentation (5 U.S.C. 553). (In many cases
the Department follows the above procedure in matters exempted from
these requirements of 5 U.S.C. 553.) On-the-record rule making
proceedings under 5 U.S.C. 556 and 557 are also hearings where
audiovisual coverage of hearings is encouraged. Examples of hearings
encompassed by this paragraph are:
(1) Hearings to establish or amend safety or health standards under
the Occupational Safety and Health Act of 1970, 29 U.S.C. 651.
(2) Hearings to determine the adequacy of State laws under the
Occupational Safety and Health Act of 1970.
(b) Hearings to collect or review wage data upon which to base
minimum wage rates determined under various laws, such as the Davis-
Bacon Act (40 U.S.C. 276a) and related statutes and the Service Contract
Act of 1965 (41 U.S.C. 353, as amended by Pub. L. 92-473 approved
October 9, 1972).
(c) Hearings under section 4(c) of the Service Contract Act of 1965
(41 U.S.C. 353, subsection (c) added by Pub. L. 92-473 approved October
9, 1972) to determine if negotiated rates are substantially at variance
with those which prevail in the locality for services of a character
similar.
(d) Hearings before the Administrative Review Board (parts 1, 3, 5,
and 7 of this chapter).
(e) Hearings held at the request of a Federal agency to resolve
disputes under the Davis-Bacon and related Acts, involving prevailing
wage rates or proper classification which involve significant sums of
money, large groups of employees or novel or unusual situations.
(f) Hearings of special industry committees held pursuant to the
Fair Labor Standards Act, as amended (29 U.S.C. 201 et seq.) for the
purpose of recommending minimum wage rates to be paid in Puerto Rico,
the Virgin Islands, and American Samoa.
(g) Hearings pursuant to section 13(a) of the Welfare and Pension
Plans Disclosure Act (29 U.S.C. 308d) to determine whether a bond in
excess of $500,000 may be prescribed.
(h) Hearings where the Department is requesting information needed
for its administrative use in determining what our position should be
(e.g., our hearings on the 4-day, 40-hour workweek).
[38 FR 5631, Mar. 2, 1973, as amended at 61 FR 19984, May 3, 1996]
