41 U.S.C. § 6507 — Hearing authority and procedures
submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 374 words · no verdicts yet
This section gives a contracting officer authority to hold hearings and sets the procedures for those hearings. It covers notice, evidence, representation, records, and decisions.
(a) Record and Hearing Requirements for Wage Determinations.— A wage determination under section 6502
(1) of this title must be made on the record after opportunity for a hearing.
(b) Authority To Hold Hearings.— The Secretary* or an impartial representative designated by the Secretary may hold hearings when there is a complaint of breach or violation of a representation or stipulation included in a contract under section 6502 of this title. The Secretary may initiate hearings on the Secretary’s own motion or on the application of a person* affected by the ruling of an agency of the United States* relating to a proposal or contract under this chapter.
(c) Orders To Compel Testimony.— The Secretary or an impartial representative designated by the Secretary may issue orders requiring witnesses to attend hearings held under this section and to produce evidence and testify under oath. Witnesses must be paid fees and mileage at the same rates as witnesses in courts of the United States.
(d) Enforcement of Orders.— If a person refuses or fails to obey an order issued under subsection
(c), the Secretary or an impartial representative designated by the Secretary may bring an action to enforce the order in a district court of the United States or in the district court of a territory or possession of the United States. A court has jurisdiction to enforce the order if the inquiry is being carried out within the court’s judicial district or if the person is found or resides or transacts business within the court’s judicial district. The court may issue an order requiring the person to obey the order issued under subsection
(c), and the court may punish any further refusal or failure as contempt of court.
(e) Findings of Fact.— After notice and a hearing, the Secretary or an impartial representative designated by the Secretary must make findings of fact. The findings are conclusive for agencies of the United States. If supported by a preponderance of the evidence, the findings are conclusive in any court of the United States.
(f) Decisions.— The Secretary or an impartial representative designated by the Secretary may make decisions, based on findings of fact, that are considered necessary to enforce this chapter.
A wage determination under section 6502(1) of this title shall be made on the record after opportunity for a hearing.
The Secretary* or an impartial representative designated by the Secretary may hold hearings when there is a complaint of breach or violation of a representation or stipulation included in a contract under section 6502 of this title. The Secretary may initiate hearings on the Secretary’s own motion or on the application of a person* affected by the ruling of an agency of the United States* relating to a proposal or contract under this chapter.
The Secretary or an impartial representative designated by the Secretary may issue orders requiring witnesses to attend hearings held under this section and to produce evidence and testify under oath. Witnesses shall be paid fees and mileage at the same rates as witnesses in courts of the United States.
If a person refuses or fails to obey an order issued under subsection (c), the Secretary or an impartial representative designated by the Secretary may bring an action to enforce the order in a district court of the United States or in the district court of a territory or possession of the United States. A court has jurisdiction to enforce the order if the inquiry is being carried out within the court’s judicial district or if the person is found or resides or transacts business within the court’s judicial district. The court may issue an order requiring the person to obey the order issued under subsection (c), and the court may punish any further refusal or failure as contempt of court.
After notice and a hearing, the Secretary or an impartial representative designated by the Secretary shall make findings of fact. The findings are conclusive for agencies of the United States. If supported by a preponderance of the evidence, the findings are conclusive in any court of the United States.
The Secretary or an impartial representative designated by the Secretary may make decisions, based on findings of fact, that are considered necessary to enforce this chapter.
Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3809.)
- 2011Enacted · Pub. L. 111-350 · 124 Stat. 3809
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-350 on 2011-01-04.
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