8M Types of Enforcement Proceedings
Once a CO refers a case to RSOL for enforcement, RSOL determines whether the case is litigation-worthy and, in the process of doing so, may seek additional information on the case from the CO. The RSOL also makes a recommendation to the Director of OFCCP on whether an enforcement proceeding should be administrative or judicial.
RSOL normally initiates administrative enforcement proceedings unless circumstances warrant referral to the U.S. Department of Justice (DOJ) for judicial proceedings. The RSOL’s filing of an Administrative Complaint with the Office of Administrative Law Judges (ALJ) initiates administrative enforcement proceedings. An ALJ conducts an administrative hearing on the Complaint under the procedures set forth in 41 CFR Part 60-30. Section 503 and VEVRAA use the same administrative hearing procedures as Executive Order 11246 pursuant to 41 CFR 60-741.65 and 41 and CFR 60-300.65, respectively.
The Solicitor for the U.S. Department of Labor may refer a case to the DOJ for judicial enforcement proceedings when circumstances so warrant and the Director of OFCCP concurs. For example, RSOL may need an injunction against a sole source contractor since cancellation of federal contracts may not be practical or the Director of OFCCP may request that the Solicitor for the U.S. Department of Labor make a referral to DOJ of a case for judicial enforcement.
The Solicitor for the U.S. Department of Labor may make referrals to the DOJ for judicial enforcement at any stage in the enforcement process without proceeding through conciliation efforts.426 DOJ initiates judicial enforcement proceedings when the Attorney General files a complaint on behalf of the DOL in Federal District Court. As with any other federal court case, the losing party may appeal to the Circuit Court of Appeals, and the losing party in the court of appeals may request review by filing a “writ of certiorari” with the U.S. Supreme Court.
426. See 41 CFR 60-1.26(c)(1).