Letter L-33: Show Cause Notice for Denial of Access

(Compliance Evaluations & Complaint Investigations)  

 

Certified Mail, Return Receipt Requested AND Electronic Mail

 

[Date]

 

[Name of Establishment/Construction Contractor CEO]

[Title of CEO]

[Establishment/Construction Contractor Name]

[Street Address]

[City, State, Zip Code]

 

Dear [insert name of CEO]:

 

In our letter dated [insert date], the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP), requested that [insert contractor or establishment name]:

[CHOOSE ONE OR BOTH OF THE FOLLOWING OPTIONS]

(1) Submit to the on-site portion of a [compliance evaluation or complaint investigation] as described at [insert one or more as appropriate: 41 CFR 60-1.20(a)(1)(ii), 41 CFR 60-741.60, 41 CFR 60-300.60] at its [facility or construction work site(s)] located at [street address, city, state].  The on-site was to begin on [insert date].

 [and/or]

(2) Submit records requested by OFCCP, under [insert one or more as appropriate: 41 CFR 60-1.43, 41 CFR 60-300.81, and 41 CFR 60-741.81]. 

On [insert date], your representative, [insert name], responded to our request by denying access to [the facility, construction work site(s) and/or records].  Consequently, we are issuing this Notice to Show Cause why enforcement proceedings should not be initiated under [insert one or more as appropriate: Sections 208 and 209 of Executive Order 11246 , as amended, as implemented by 41 CFR 60-1.26; Section 503 of the Rehabilitation Act of 1973 (Section 503), as amended, as implemented by 41 CFR 60-741.64; the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended; as implemented by 41 CFR 300.65].

[CHOOSE ONE OR BOTH OF THE FOLLOWING OPTIONS]

(1) [Insert contractor’s name] is required to allow OFCCP access to the [facility or construction work site(s)] so that we can conduct an on-site [compliance evaluation or complaint investigation] of your [facility or construction work site(s)] located at [insert location] within 30 calendar days of your receipt of this Notice or we shall recommend that enforcement proceedings be initiated in accordance with the above citations.  In those proceedings, you will have an opportunity to request a hearing before any sanctions are imposed.

[and/or]

(2) [Insert contractor’s name] is [also] required to allow OFCCP access to records requested for purposes of its [compliance evaluation or complaint investigation].

Allowing OFCCP access to the [facility, construction work site(s), or records and other information] to conduct the [compliance evaluation or complaint investigation] does not preclude the identification of further violations, based either upon a finding during the desk audit or subsequent on-site review, that your AAPs do not meet the requirements of 41 CFR Part 60-2, Part 60-741 and Part 60-300, or that your establishment is not in compliance or has failed to comply in the past with the requirements of the Executive Order 11246, Section 503 and VEVRAA, and their implementing regulations.  We will not withdraw this Notice to Show Cause until all deficiencies cited in this Notice (or subsequently identified in an Amended Show Cause Notice incorporating any additional violations found during the desk audit or on-site review) have been fully and satisfactorily resolved in a written Conciliation Agreement.

We wish to avoid enforcement proceedings, if possible.  Therefore, you are asked to contact [insert name of compliance officer] at [insert phone number] within five business days of receipt of this Notice to arrange a mutually acceptable time to conciliate a resolution of this violation.

Sincerely,

[Name of regional or district director]

Regional Director or District Director

Enclosure

cc: [insert name of corporate CEO]

[insert name of designated representative]