California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 2 - California Apprenticeship Council
Subchapter 2 - Other on-the-Job Training
Article 4 - Procedures for Investigating, Holding Hearings and Determining Disputes
Section 262 - Filing of Complaints

Universal Citation: 8 CA Code of Regs 262

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Any interested person may file a complaint with the Administrator of Apprenticeship or the Administrator of Apprenticeship upon his/her own initiative may issue a complaint, when there is cause to believe that a decision, order or action of a training program sponsor (as defined in Section 252(b)) has been unfair or unreasonable; or that there has been a violation of:

(1) Chapter 4, Division 3 of the Labor Code;

(2) California Code of Regulations Title 8, Chapter 2, Part II;

(3) Training Standards;

(4) Trainee Agreements;

(5) Selection Procedures;

(6) Rules, Regulations or Policies established by a training program sponsor.

(b) Complaints filed with, or by, the Administrator of Apprenticeship shall be filed in writing within ninety (90) days of the date of the alleged violation or within thirty (30) days of a decision by, an order by, or an action of a program sponsor to adjust the matter locally, whichever is latest, and shall contain the following:

(1) The full name and address of the party (person, organization, or other party) filing the complaint (hereinafter referred to as the "charging party").

(2) The full name and address of the party (person, organization or other party) against whom the complaint is made (hereinafter referred to as the "respondent").

(3) A clear and concise statement of the facts constituting the alleged complaint.

(4) The signature of the person filing the complaint or an authorized officer or agent in the case of an organization, employer, labor union, training program sponsor or other interested party.

(5) A declaration by the person signing the complaint, under penalties of law, that its contents are true and correct to the best of his/her knowledge and belief.

(c) Upon receipt or issuance of a complaint the Administrator of Apprenticeship shall cause a copy of such complaint to be served upon the respondent(s).

(d) Complaints may be withdrawn only with the consent of the Administrator of Apprenticeship.

(e) The Administrator of Apprenticeship shall dismiss any complaint when it is found that the controversies or differences concerning the training agreement were adjusted locally or that there are provisions in a collective bargaining agreement for handling such disputes.

1. Amendment of subsection (e) filed 5-7-75; effective thirtieth day thereafter (Register 75, No. 19).
2. Amendment of subsection (a)(8) filed 11-5-75; effective thirtieth day thereafter (Register 75, No. 45).
3. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).
4. Amendment of initial paragraph filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).
5. Renumbering of former article 1 to new article 4, renumbering of former section 262 to section 255 and renumbering and amendment of former section 251 to new section 262 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

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