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CHAPTER X-COMMITTEE ON FAIR EMPLOYMENT

PRACTICE [ADDED]

Part
1202 Interpretation of Executive Order

9346.

Part
1203 Rules of practice and procedure.

PART 1202_INTERPRETATION OF suant to an option to renew in accorEXECUTIVE ORDER 9346

dance with the terms, conditions and

provisions contained in the original con$ 1202.1 Contracts. (a) The words tract. "all contracts hereafter negotiated or re

(k) The requirement that parties to negotiated" include all contracts made,

contracts with the Government of the amended or modified.

United States (or agencies of said Gov(b) A non-discrimination provision is ernment) include a non-discrmination required in leases, grants of easements,

clause "in all sub-contracts" is not aprights of way, etc., to the same extent

plicable to lessors of space in buildings that it is required in other contracts.

except in cases where the Government of (c) The obligation to include the non the United States (or an agency thereof) discrimination clause exists even though is the only tenant involved, or unless a the contract involves non-war activity. sub-contract is entered into solely for the

(d) The obligation to include the non purpose of performing an obligation (or discrimination clause exists even though obligations) imposed by the Government the contract is required to be awarded lease. to the lowest bidder.

(1) The requirement that parties to (e) The obligation to include the non

contracts with the Government of the discrimination clause exists even though

United States (or agencies of said Govthe contract is between a Federal Gov

ernment) include a non-discrimination ernment agency and a State agency or

clause "in all sub-contracts” is applicable subdivision of a state.

only in those cases in which the sub(f) The obligation to include the non

contract is entered into solely for the discrimination clause does not depend

purpose of enabling the prime contractor on the amount of money or other consideration involved in the performance of

to fulfill an obligation (or obligations) the contract.

imposed by the Government contract

(E.O. 9346; 3 CFR Cum. Supp.) (Reg., (g) The non-discrimination provision

Dec. 27, 1943, 9 F.R. 1592, as amended required does not refer to, extend to or cover the activities or business of the con

June 13, 1944, 9 F.R. 7126 and Sept. 30, tractor which are not related to or in

1944, 9 F.R. 12716] volved in the performance of the con CODIFICATION: Paragraphs (1) and (k) were tract entered into.

added, by Regulation, Chairman, June 13,

1944, 9 F.R. 7126, and paragraph (1) was (h) Inclusion of a non-discrimination

added, by Regulation, Chairman, Sept. 30 provision is not required in contracts

1944, 9 F.R. 12716. the performance of which does not involve the employment of persons.

PART 1203—RULES OF PRACTICE (i) Inclusion of a non-discrimination

AND PROCEDURE provision is not required in contracts Sec. with foreign contractors for work to be 1203.1 Statement of charges, answer and performed outside the continental or

notice of hearing. territorial limits of the United States 1203.2 Motions. where no recruitment of workers within

1203.3 Hearing. the said limits of the United States is

1203.4 Proposed decision of the Commitinvolved.

tee; proposed findings and con

clusions of counsel. (j) The non-discrimination clause is 1203.5 Exceptions, briefs and oral argunot required in contracts renewed pur

ment.

Sec. 1203.6 Decision and other action of the

Committee. 1203.7 Record. 1203.8 Waiver of hearing. 1203.9 Appeal. 1203.10 Miscellaneous.

AUTHORITY: $$ 1203.1 to 1203.10, inclusive, issued under E.O. 9346; 3 CFR Cum. Supp.

SOURCE: $$ 1203.1 to 1203.10, inclusive, contained in Regulations, Chairman, Dec. 12, 1944, effective Dec. 29, 1944, 9 F.R. 15082

§ 1203.1 Statement of charges, answer and notice of hearing. Formal proceedings shall be instituted by the Committee by the issuance of a statement of charges setting forth the alleged unfair ·mployment practices and a notice of hearing fixing the time and place of hearing. The statement of charges may be amended at any time before the close of the hearing or withdrawn, without prejudice to a subsequent hearing on such charges as are withdrawn. The statement of charges together with the notice of hearing shall be served upon the party or parties charged at least fifteen days prior to the date of hearing. The party or parties charged shall have the right within ten days from service to file an answer. The answer shall be signed and shall contain a short statement of facts which constitute the grounds for defense. The answer may be amended at any time prior to hearing and, in the discretion of the official or officials presiding at the hearing, may be amended upon motion during hearing.

$ 1203.2 Motions. Motions may be filed at any time during the course of the proceeding. If made prior to or following the hearing, they shall be filed with the Committee. If made during the hearing, they shall be addressed to the presiding official or officials and may be either oral or written. All motions should briefly state the order or relief applied for and the grounds therefor. Motions made during the hearing shall be ruled upon by the presiding official or officials. Such rulings shall not be appealed to the Committee, except by special permission of the Committee, but shall be included in the record and may be raised with the Committee by exception in accordance with $ 1203.5.

$ 1203.3 Hearing. The hearing may be held before the full Committee or a member or panel of members of the Committee and/or a Hearing Commissioner, as may be determined by the

Committee. A verbatim transcript of the hearing shall be made. The hearing shall be public, unless otherwise ordered by the Committee, and shall be conducted in such manner as to develop fully the facts necessary to determine whether the party or parties charged have engaged or are engaging in the practices set forth in the statement of charges. The presiding official or officials and counsel for the Committee shall have the power to call, examine and cross-examine witnesses, and to introduce into the record documentary or other evidence. Any party charged shall have the right to appear at the hearing in person, by counsel or otherwise, to call, examine or crossexamine witnesses, and to introduce into the record documentary or other evidence. Rules of evidence prevailing in courts of law or equity shall not be controlling. Stipulations of facts or other agreements of counsel may be introduced in evidence with respect to any issue. Any objections to the conduct of the hearing, including objections to the introduction of evidence, may be made orally or in writing and, together with the rulings thereon, shall be included in the record. Rulings on objections may not be appealed to the Committee, but may be raised with the Committee by exception in accordance with $ 1203.5. Upon request, any party shall be entitled to a reasonable time for oral argument and shall be entitled also to file a written brief. In the discretion of the presiding official or officials, the place of the hearing may be changed and the hearing may be continued or adjourned at any time. In all other respects, the presiding official or officials shall have complete control of the conduct of the hearing, providing that he or they may submit or reserve for decision by the Committee any questions which arise during the hearing. Where the hearing is not held before the full Committee but is held before a member or panel of members of the Committee and/or a Hearing Commissioner, the case shall be deemed to have been transferred to the Committee upon close of the hearing.

$ 1203.4 Proposed decision of the Committee; proposed findings and conclusions of counsel. By appropriate notice prior to or during the hearing, the parties shall be advised either by the Committee or by the presiding official or officials whether, after close of the hearing, (a) a proposed decision shall be

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issued by the Committee or (b) proposed findings and conclusions shall be prepared by opposing counsel, including counsel for the Committee, except that where the public interest demands or by agreement of the parties the Committee may finally decide the case, as provided for in $ 1203.6, without the issuance first of a proposed decision or the preparation of proposed findings and conclusions of counsel. At any time before close of the hearing, any party may request that proposed findings and conclusions be prepared by counsel in lieu of issuance by the Committee of a proposed decision. A proposed decision shall be served upon all parties, including counsel for the Committee. Proposed findings and conclusions of counsel shall be filed with the Committee within Afteen days from close of the hearing or within such other time as may be fixed by the presiding official or officials, copies shall be exchanged by counsel within the same period, and it shall be reported in writing to the Committee that copies have been so exchanged.

$ 1203.5 Exceptions, briefs and oral argument. Where a proposed decision is to be issued, any party may file exceptions thereto or to any part of the record or proceedings (including rulings upon motions or objections) as it relies upon, together with a supporting brief, within fifteen days from service of the proposed decision. Where proposed findings and conclusions are to be prepared by counsel, exceptions to the record or proceedings and a supporting brief may be filed within fifteen days from close of the hearing. Exceptions to the record or proceedings and a supporting brief may also be filed within fifteen days from close of the hearing where the case is to be finally decided without the issuance first of a proposed decision or the preparation of proposed findings and conclusions of counsel. Matters not included in the exceptions may not thereafter be objected to before the Committee and failure to file exceptions shall operate as a submission of the case to the Committee on the record. Upon request, and in the discretion of the Committee, any party may be given permission to argue orally before the Committee: Provided, That such request is filed within fifteen days from service of a proposed decision, or within fifteen days from the filing of proposed findings and conclusions of

counsel, or otherwise within fifteen days from close of the hearing.

§ 1203.6 Decision and other action of the Committee. After expiration of the period for filing exceptions and briefs as provided for in § 1203.5, or after oral argument, the Committee may decide the matter upon the record and issue its decision, except that the Committee may make final its proposed decision or adopt proposed findings and conclusions of counsel; or, after appropriate notice, the Committee may reopen the record and receive further evidence either itself or before a member or panel of members of the Committee and/or a Hearing Commissioner; or it may close the case upon compliance with recommendations contained in its proposed decision; or it may make other disposition of the case. Where the Committee makes final its proposed decision and exceptions thereto have been taken, or where the Committee adopts proposed findings and conclusions of counsel, it shall state the reason for its action. The decision of the Committee shall be supported by substantial evidence, and copies of the decision shall be served upon all parties. Motions to reopen the record, or motions for rehearing or re-argument, may be filed with the Committee within fifteen days from service of the decision. Such motions shall show good cause and specify the evidence to be adduced or issues to be re-heard or re-argued as may be relevant to the relief requested. The Committee may, at any time, upon appropriate notice, modify or set aside, in whole or in part, any disposition of the case made by it.

$ 1203.7 Record. The record shall consist of the Committee's statement of charges and any amendments thereto, the notice of hearing, answers and any amendments thereto, motions, rulings, orders, the stenographic report of the hearing, stipulations, exhibits, papers filed by the parties (other than separately presented briefs), proposed decision, if issued, and the decision in the

case.

$ 1203.8 Waiver of hearing. By stipulation between the parties, hearing may be waived and decision rendered by the Committee on an agreed statement of facts.

$ 1203.9 Appeal. Any party against whom an adverse decision is rendered by

the Committee may appeal therefrom to the President.

$ 1203.10 Miscellaneous. (a) Service and filing of papers shall be deemed to be effected as of the date of transmittal of such papers. Extension of time for filing may be granted upon application to the Committee for good cause shown.

(b) All papers required to be filed with the Committee shall be filed in triplicate at its offices in Washington, D. C., except as the parties may be otherwise advised in writing. Where there are multiple parties charged copies of papers filed with the Committee by one party shall be furnished to the other parties charged.

(c) Impertinent, scandalous or scurrilous statements shall be expunged from the record and any papers filed with the Committee, including briefs, which contain such statements may be rejected by the Committee.

(d) A copy of the record in the case shall be available for inspection by any party at any time during regular business hours at the offices of the Committee in Washington, D. C., or at such other place as may be designated.

(e) Other procedural matters, such as depositions and interventions, not herein provided for, shall be determined by the Committee on its own motion or on application and with appropriate notice.

TITLE 30-MINERAL RESOURCES

Chapter 1-Bureau of Mines, Department of the Interior..
Chapter II–Geological Survey, Department of the Interior...
Chapter IV-Petroleum Conservation Division, Department of the Interior...
Chapter VI-Solid Fuels Administration for War...
Chapter VIII-Coal Mines Administration...

Part

31 211 403

601 Note

CHAPTER I–BUREAU OF MINES, DEPARTMENT OF THE

INTERIOR

Subchapter E-Mechanical Equipment for Mines, Tests for

Permissibility, Fees [Added]

PART 31-DIESEL MINE LOCO

MOTIVES Sec. 31.1 Type of locomotive that may be ap

proved. 31.2 Definitions. 31.3 Conditions under which approvals

may be granted; preliminary steps. 31.4 General requirements. 31.5 Methods of testing. 31.6 Granting of approval. 31.7 Withdrawal of approval. 31.8 Changes in design subsequent to ap

proval. 31.9 Recommendations on the use of Diesel

locomotives underground. 31.10 Revision of requirements and recom

mendations. AUTHORITY: $$ 31.1 to 31.10, inclusive, issued under 37 Stat. 681, as amended by sec. 311, 47 Stat. 410; 30 U.S.C. 1, 3, 5, 6, 7. E.O. 6611, Feb. 22, 1934.

SOURCE: $$ 31.1 to 31.10, inclusive, contained in Schedule 22, Acting Secretary of the Interior, Nov. 11, 1944, 9 F.R. 13743.

$ 31.1 Type of locomotive that may be approved. Safe operation of Diesel locomotives underground involves consideration of three possible hazards, namely (a) toxic or objectionable gases discharged in the exhaust of the engine, (b) ignition of methane-air mixtures by the engine or by electrical equipment, and (c) fire hazards presented by the engine fuel oil and by coal dust or other combustible material in contact with the locomotive. Locomotives for use in coal mines, or other situations where infiammable atmuspheres may be encountered, will be granted approval when proved by test to offer adequate protection against all these hazards.

$ 31.2 Definitions. For the sake of brevity and clearness certain terms will be used throughout this Part 31 and their definitions as thus used follow:

(a) Adequate. Appropriate and sufficient as determined by mutual agreement between the manufacturer and the Bureau of Mines.

(b) Approval. Official, formal written notification issued only by the Director of the Bureau of Mines to a responsible organization, stating that upon investigation the locomotive is judged to have satisfactorily complied with the requirements of this part 31. (Approvals will be granted for complete locomotives only, and not for engines and other individual parts used in the assembly of such locomotives.)

(c) Explosion-proof. So constructed that the enclosing case is capable of withstanding internal explosions of methane-air mixtures without damage to the case or discharge of flame and without ignition of explosive methane-air mixtures surrounding the enclosing case.

(d) Extension of approval. Official written notification from the Bureau of Mines to the locomotive manufacturer, by which the latter is authorized to make changes in permissible locomotives after the changes have been duly examined, accepted, and recorded by the Bureau.

(e) Flame arrester. A device so constructed that flames or sparks from the engine cannot propagate an explosioin of methane-air mixtures through it.

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