pose of inquiring into the status of compliance by any prime contractor or subcontractor with the terms of the equal opportunity clause.

(b) Notice. Contractors and subcontractors shall be advised in writing as to the time and place of the informal hearing and may be directed to bring specific documents and records, or furnish other relevant information concerning their compliance status. When so requested, the prime contractor or subcontractor shall attend and bring requested documents and records, or other requested information.

(c) Conduct of hearings. The hearing shall be conducted by hearing officers appointed by the Director or the TVA Board. Parties to informal hearings may be represented by counsel and shall have a fair opportunity to present any relevant material. Formal rules of evidence will not apply to such proceedings. § 303.8-3 Formal hearings.

(a) General procedure. The Director or the TVA Board, with the approval of the Director, may convene formal hearings pursuant to the regulations in this part. Such hearings shall be conducted in accordance with procedures prescribed by the Director or the TVA Board. Reasonable notice of a hearing shall be sent by registered mail, return receipt requested, to the last known address of the prime contractor or subcontractor complained against. Such notice shall contain the following:

(1) The time and place of hearing; (2) A statement of the provisions of the order and regulations pursuant to which the hearing is to be held; and

(3) A concise statement of the matters pursuant to which the action furnishing the basis of the hearing has been taken or is proposed to be taken. Copies of such notice shall be sent to all agencies. Hearings shall be held before a hearing officer designated by the Director or the TVA Board. Each party shall have the right to counsel, a fair opportunity to present evidence and argument, and to crossexamine. Whenever a formal hearing is based in whole or in part on matters subject to a collective bargaining agreement and compliance may necessitate a revision of such agreement, any labor organization which is a signatory to the agreement shall have the right to participate as a party. Any other person or organization shall be permitted to par

ticipate upon a showing that such person or organization has an interest in the proceedings and may contribute materially to its proper disposition. The hearing officer shall make his proposed findings and conclusions upon the basis of the record before him.

(b) Suspension during pendency of hearing. Whenever the prime contractor or subcontractor requests a hearing in accordance with § 303.6-9 (b) and (c), his contracts or subcontracts may be suspended, in the discretion of the Director, during the pendency of the hearing.

(c) Decision following hearing. When the hearing is conducted by TVA, the hearing officer shall make recommendations to the TVA Board who shall make a decision. No decision by the TVA Board, or its representatives, shall be final without the prior approval of the Director. When the hearing is conducted by a hearing officer appointed by the Director, the hearing officer shall make recommendations to the Director, who shall make the final decision. Parties shall be furnished with copies of the hearing officer's recommendations, and shall be given an opportunity to submit their views.

§ 303.9 Reinstatement of ineligible contractors or subcontractors.

Any prime contractor or subcontractor declared ineligible for further contracts or subcontracts under the order may request reinstatement in a letter directed to the Director. In connection with the reinstatement proceedings, the prime contractor or subcontractor shall be required to show that he has established and will carry out employment policies and practices in compliance with the equal opportunity clause. § 303.10 Intimidation and interference.

The sanctions and penalties contained in Subpart D of the order may be exercised by TVA or the Director against any prime contractor, subcontractor, or applicant who fails to take all necessary steps to ensure that no person intimidates, threatens, coerces, or discriminates against any individual for the purpose of interfering with the filing of a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing, or any other activity related to the administration of the order or any other Federal, State, or local laws requiring equal employment opportunity.

(a) Requirements of programs. (1) TVA or each applicant shall require each prime contractor who has 50 or more employees and a contract of $50,000 or more and each prime contractor and subcontractor shall require each subcontractor who has 50 or more employees and a subcontract of $50,000 or more to develop a written affirmative action compliance program for each of its establishments. A necessary prerequisite to the development of a satisfactory affirmative action program is the identification and analysis of problem areas inherent

in minority employment and an evaluation of opportunities for utilization of minority group personnel. The contractor programs shall provide in detail for specific steps to guarantee equal employment opportunity keyed to the problems and needs of members of minority groups, including, when there are deficiencies, the development of specific goals and timetables for the prompt achievement of full and equal employment opportunity. Each contractor shall include in his affirmative action compliance program a table of job classifications. This table should include, but need not be limited to, job titles, principal duties (and auxiliary duties, if any), rates of pay, and where more than one rate of pay applies (because of length of time in the job or other factors), the applicable rates. The affirmative action compliance program shall be signed by an executive official of the contractor.

(2) Whenever the Director designates a specific construction affirmative action program for a labor area, TVA shall (i) include in its invitations for bids the program requirements connected with the construction project; and (ii) require definite minimum commitments from the low bidder which will satisfy the program, including timetables and reasonable goals.

(b) Utilization evaluation. The evaluation of utilization of minority group personnel shall include the following:

(1) An analysis of minority group representation in all job categories;

(2) An analysis of hiring practices for the past year, including recruitment sources and testing, to determine whether equal employment opportunity is being afforded in all job categories; and

(3) An analysis of upgrading, transfer, and promotion for the past year to deter

mine whether equal employment opportunity is being afforded.

(c) Maintenance of programs. Within 120 days from the commencement of the contract, each contractor shall maintain a copy of separate affirmative action compliance programs for each establishment, including evaluations of utilization of minority group personnel and the job classification tables, at each local office responsible for the personnel matters of such establishment. An affirmative action compliance program shall be part of the manpower and training plans for each new establishment and shall be developed and made available prior to the staffing of such establishment. A report of the results of such program shall be compiled annually and the program shall be updated at that time. This information shall be made available to representatives of TVA or Director upon request and the contractor's affirmative action program and the result it produces shall be evaluated as part of the compliance review activities.

§ 303.12 Access to records of employ

applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin;

the

(b) Uses display or other advertising, and the advertising includes an appropriate insignia prescribed by Director. The use of the insignia is considered subject to the provisions of 18 U.S.C. section 701;

(c) Uses a single advertisement, and the advertisement is grouped with other advertisements under a caption which clearly states that all employers in the group assure all qualified applicants equal consideration for employment without regard to race, color, religion, sex, or national origin;

(d) Uses a single advertisement in which appears in clearly distinguishable

type the phrase "an equal opportunity employer."

§ 303.15 Existing contracts and subcon

tracts.

All contracts and subcontracts in effect prior to October 24, 1965, which are not subsequently modified shall be administered in accordance with the nondiscrimination provisions of any prior applicable Executive orders. Any contract or subcontract modified on or after October 24, 1965, shall be subject to Executive Order No. 11246. Complaints received by and violations coming to the attention of TVA regarding contracts and subcontracts which were subject to Executive Orders Nos. 10925 and 11114 shall be processed as if they were complaints regarding violations of this order.

SOURCE: The provisions of this Part 401 appear at 29 F.R. 3568, Mar. 20, 1964. unless otherwise noted.

§ 401.0

Introduction.

(a) The regulations in this part govern the process whereby the Commission will include projects in the Comprehensive Plan and extend them into an annual Water Resources Program. Also set forth herein are the procedures and definitions that the Commission will use in screening projects proposed by others to test their compatibility with the Comprehensive Plan. An interrelationship among these three requirements is apparent in the Delaware River Basin Compact.