This subsection reviews when a CO can rescind an SCN, the contents of the rescission, who signs the notices and who should receive them. Each item is reviewed below.
a. When to Use an SCN Rescission Letter. An SCN will not be rescinded merely because the contractor agrees to comply in the future or corrects violations. See 41 CFR 60-1.20(b), 60-4.8 and Castillo v. Usery, 14 Fair Empl. Prac. Cas. 1240, 1247 (N.D.Ca1. 1976). A CO may rescind an SCN or ASCN only if the SCN or ASCN was issued erroneously. For example:
- The contractor demonstrates that it is exempt from OFCCP’s requirements; or
- The contractor demonstrates that each of OFCCP’s allegations in the SCN is incorrect.
b. Contents. The notice rescinding the SCN or ASCN acknowledges that the SCN or ASCN was issued and the date it was issued, the authority under which it was issued, and that it was subsequently determined that the SCN or ASCN was erroneously issued and is being rescinded for one of the above reasons, or other appropriate reason. Letter L-34 provides a sample format for rescinding an SCN or ASCN.
c. Who Receives the Rescission Letter. COs send the letter rescinding an SCN or ASCN to the same people who received the original notice.
d. Signature Authority. The Regional Director signs the letter rescinding an SCN or ASCN. This authority may not be delegated without express approval from the national office.