Current through Register Vol. 51, No. 19, September 20, 2024
A.
Reasonable Cause. Deregistration proceedings may be undertaken when the
apprenticeship program is not conducted, operated, and administered in
accordance with the registered provisions or the requirements of this chapter.
Deregistration proceedings for violation of equal opportunity requirements are
processed in accordance with the provisions of COMAR 09.12.42.
B. Voluntary Correction.
(1) In its discretion, the Council may allow
the sponsor a reasonable time to achieve voluntary corrective action.
(2) If, after the time allowed by the
Council, the apprenticeship program is not operating in accordance with the
registered provisions or requirements, the apprenticeship program shall be
deregistered.
C. Notice
of Violations.
(1) When there is evidence a
program is not being operated in accordance with the registered standards, the
Council shall notify the program sponsor in writing.
(2) The notice shall be sent by certified
mail with return receipt requested and shall state:
(a) The violations;
(b) The remedy required; and
(c) That a determination of reasonable cause
for deregistration will be made unless corrective action is taken within 30
days.
D.
Extension.
(1) Upon request by the sponsor
for cause, the 30-day term may be extended for another 30 to 60 days, as the
Council considers reasonable.
(2)
During the period for correction, the sponsor shall be assisted in every
reasonable way to achieve conformity.
E. Failure to Correct. If the required
correction is not carried out within the allotted time, the Council shall issue
a notice to the sponsor by certified mail, return receipt requested, which
specifies:
(1) That notice is being sent
under this subsection;
(2) That the
sponsor has failed or refused to correct certain deficiencies and requested
remedial measures;
(3) The date of
the occasions and letters; and
(4)
That based on the stated deficiencies and failure of remedy, a determination of
reasonable cause has been made and the program may be deregistered, unless,
within 15 days of the receipt of the notice, the sponsor requests a
hearing.
F. If a sponsor
does not request a hearing under §E(4) of this regulation, the:
(1) Director shall transmit to the Council a
report containing:
(a) Pertinent facts and
circumstances concerning the nonconformity, including findings and
recommendation for deregistration,
(b) A copy of relevant documents and records,
and
(c) A statement concerning any
interview, meeting, or conference, including the time, date, place, and persons
present; and
(2) Council
shall make a final order on the basis of the record before them.
G. Request for Hearing.
(1) If the sponsor requests a hearing within
the time period in §E(4) of this regulation:
(a) The Director shall submit a report
containing the data listed in §F(1) of this regulation to the Office of
Administrative Hearings;
(b) The
Council shall request that the Office of Administrative Hearings convene a
hearing in accordance with Regulation .19 of this chapter; and
(c) An administrative law judge shall conduct
the deregistration hearing and submit proposed findings of fact and recommended
decisions in writing to the Council.
(2) The Council shall make a final decision
on the basis of the record before it.
H. Notice of Deregistration. In each case in
which deregistration is ordered, the Council shall:
(1) Give public notice of the order;
and
(2) Notify:
(a) The sponsor,
(b) All registered apprentices participating
in the program, and
(c) All
federal, State, and local agencies involved.
I. The order of deregistration shall contain
a provision that the sponsor, within 15 days of the effective date of the
order, shall notify all registered apprentices:
(1) Of the deregistration of the
program;
(2) Of the effective
date;
(3) That the cancellation
automatically deprives the apprentice of individual registration; and
(4) That the deregistration removes the
apprentice from coverage for State and federal purposes.
