Code of Maine Rules
12 - DEPARTMENT OF LABOR
181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP
Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS
Section 181-3-1.7 - Decertification of a Certified Pre-Apprenticeship Program

1. The certification of a pre-apprenticeship training program is canceled at the request of a signatory pre-apprenticeship sponsor and/or education provider who has signed the Memorandum of Agreement, and giving the effective date of such cancellation; and

2. That, within 15 workdays of the date of the acknowledgment, the certified pre-apprenticeship sponsor must notify all pre-apprentices of such cancellation and the effective date; that such cancellation automatically deprives the pre-apprentice of his/her individual registration.

1. Decertification proceedings may be undertaken when the certified pre-apprenticeship program is not conducted, operated, or administered in accordance with the certified pre-apprenticeship Memorandum of Agreement or the requirements of Title 26 Chapter 37 or this regulation.

2. Where it appears the program is not being operated in accordance with the registered standards or with requirements of Title 26 Chapter 37 or this regulation, the Maine Apprenticeship Program shall so notify the council and the parties outlined in the Memorandum of Agreement in writing.

3. The notice shall be sent by registered or certified mail to the parties outlined in the Memorandum of Agreement, return receipt requested, shall state the deficiency(s) and remedy(s) required and shall state that the program will be decertified for cause unless the corrective action is taken within 30 days.

4. Upon request by the certified pre-apprenticeship sponsor or education provider, the 30-day period may be extended for up to an additional 30-day period. During the period for correction the certified pre-apprenticeship sponsor and/or education provider may be assisted in every reasonable way by the Maine Apprenticeship Program.

5. If the required action is not taken within the allotted time, the Maine Apprenticeship Program shall send a notice to the certified pre-apprenticeship sponsor and education provider by registered or certified mail, return receipt requested, stating the following:

6. If the certified pre-apprenticeship sponsor requests a hearing, the Maine Apprenticeship Program shall convene a hearing in accordance with Section 8 of these regulations.

7. In its discretion, the Maine Apprenticeship Program may allow the certified pre-apprenticeship sponsor a reasonable time to achieve voluntary corrective action. If the Maine Apprenticeship Programs decision is that the certified pre-apprenticeship program is not operating in accordance with the pre-apprenticeship certification requirements and the requirements of Title 26 Chapter 37 and this regulation, the certified pre-apprenticeship program shall be decertified. In each case in which decertification is ordered the Maine Apprenticeship Program shall notify the certified pre-apprenticeship sponsor.

8. Every order of decertification shall contain a provision that the pre-apprenticeship sponsor shall, within 15 workdays of the effective date of the order, notify all registered pre-apprentices of the decertification of the program, the effective date, and that such action automatically deprives the pre-apprentice of his/her individual registration.