Current through Register Vol. 50, No. 3, March 20, 2024
A. When the
Apprenticeship Division, as a result of a compliance review or other reason,
determines that there is reasonable cause to believe that an apprenticeship
program is not operating in accordance with this plan, and voluntary corrective
action has not been taken by the program sponsor, the apprenticeship division
shall institute proceedings to deregister the program or it shall refer the
matter to the U.S. Department of Labor for referral to the Equal Employment
Opportunity Commission or the attorneygGeneral with recommendations for
institution of a court action by the attorney general under Title VII of the
Civil Rights Act of 1964 ,as amended, or the attorney general for other court
action as authorized by law.
B.
Deregistration proceedings shall be conducted in accordance with the following
procedures.
1. The Apprenticeship Division
shall notify the sponsor in writing that a determination of reasonable cause
has been made under provisions of §525. A and that the apprenticeship program
may be deregistered unless, within 15 days of receipt of the notice, the
sponsor requests a hearing. The notification shall specify the facts on which
the determination is based.
2. If
within 15 days of receipt of the notice provided for in §525. B.1, the sponsor
mails a request for hearing, the executive director, Louisiana Workforce
Commission, Apprenticeship Division, shall convene a hearing in accordance with
§525. C.
3. The executive director,
Louisiana Workforce Commission, Apprenticeship Division, shall make a final
decision on the basis of the records, which shall consist of the compliance
review file and other evidence presented, and if a hearing was conducted
pursuant §525. C, the proposed findings and recommended decision of the hearing
officer. The executive director, Louisiana Workforce Commission, Apprenticeship
Division, may allow the sponsor reasonable time to take voluntary corrective
action. If the Executive Director's decision is that the apprenticeship program
is not operating in accordance with this plan, the apprenticeship program shall
be deregistered. In each case in which deregistration is ordered, the executive
director shall make public notice of the order and shall notify the sponsor and
the complainant, if any, and the U.S. Department of Labor. The apprenticeship
division shall inform any sponsor whose program has been deregistered that it
may appeal such deregistration to the U.S. Department of Labor in accordance
with procedure set forth at
29 CFR
30.15.
C. Hearings. Hearing shall be conducted in
accordance with the following procedures.
1.
Within 10 days of receipt of a request for a hearing, the executive director,
Louisiana Workforce Commission, Apprenticeship Division, shall designate a
hearing officer. The hearing officer shall give reasonable notice of such
hearing by certified mail, return receipt requested, to the sponsor. Such
notice shall include a reasonable time and place of hearing, a statement of the
provisions of this plan pursuant to which the hearing is to be held, and a
concise statement of the matters pursuant to which the action forming the basis
of the hearing is proposed to be taken.
2. The hearing officer shall regulate the
course of the hearing. Hearings shall be informally conducted. Every party
shall have the right to counsel and a fair opportunity to present his case,
including such cross-examination as may be appropriate in the circumstances.
Hearing officers shall make their proposed findings and recommended decisions
to the Executive Director upon the basis of the record before them.
AUTHORITY NOTE:
Promulgated in accordance with R.S.
23:381-391.
