Current through Register Vol. 51, No. 19, September 20, 2024
A. When the
Council, 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 chapter and voluntary corrective action has
not been taken by the program sponsor, the Council shall institute proceedings
to deregister the program or it shall refer the matter to the Attorney General
for the institution of a court action as authorized by law.
B. The Council delegates to the Office of
Administrative Hearings the authority to conduct deregistration hearings and
submit in writing to the Council proposed findings of fact and recommended
decisions.
C. Deregistration
proceedings shall be conducted in accordance with the following procedures:
(1) The Council shall notify the sponsor, in
writing, that a determination of reasonable cause has been made under §A
of this regulation and that the apprenticeship program may be deregistered
unless, within 15 days of the 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
the receipt of the notice provided for in §B(1) of this regulation, the
sponsor mails a request for a hearing, the Council shall request that the
Office of Administrative Hearings convene a hearing in accordance with
Regulation .14 of this chapter.
(3)
The Council shall make a final decision on the basis of the record, which shall
consist of the compliance review file and other evidence presented and, if a
hearing was conducted pursuant to Regulation .14 of this chapter, the proposed
findings and recommended decision of the administrative law judge. The Council
may allow the sponsor a reasonable time to achieve voluntary corrective action.
If, after any time allowed by the Council in its discretion for voluntary
corrective action, the Council's decision is that the apprenticeship program is
not operating in accordance with these regulations, the apprenticeship program
shall be deregistered. In each case in which deregistration is ordered, the
Council shall make public notice of the order and shall notify the sponsor and
the complainant, if any, and the U.S. Department of Labor.
