Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.43 - Maryland Apprenticeship and Training
Section 09.12.43.17 - Deregistration of Defunct Programs
Universal Citation: MD Code Reg 09.12.43.17
Current through Register Vol. 51, No. 19, September 20, 2024
A. A sponsor that has ceased operation of an apprenticeship program without having notified the Council and requested voluntary deregistration in accordance with Regulation .15 of this chapter may be deregistered in accordance with this section.
B. Verification of Operation.
(1) If it appears that a program
sponsor has ceased operations, gone out of business, or moved out of the State,
the Director shall make reasonable efforts to ascertain whether the program
sponsor is operating an apprenticeship program.
(2) The Director shall submit to the Council:
(a) A report containing all pertinent facts
and circumstances concerning the Director's efforts to ascertain whether the
program sponsor has ceased operating an apprenticeship program; and
(b) Copies of all relevant documents and
records substantiating the Director's efforts.
C. Notice to Program Sponsor.
(1) If, based upon the Director's report, the
Council determines that the program sponsor has ceased operation, the Council
shall notify the program sponsor in writing of the Council's:
(a) Determination of reasonable cause;
and
(b) Intent to deregister the
apprenticeship program.
(2) Notice of deregistration from the Council
shall:
(a) Be sent by certified mail with
return receipt requested to the sponsor's last known address; and
(b) State that the:
(i) Program sponsor appears to have ceased
operation,
(ii) Council has made a
determination of reasonable cause to deregister the program, and
(iii) Apprenticeship program is automatically
deregistered within 30 days of the date of the notice unless the sponsor,
within 15 days of receipt of the notice, requests a hearing under §E of
this regulation or provides the Council with evidence of continued business
operation in the State, including, but not limited to, a current business
address and telephone number as to where the apprenticeship program is being
conducted.
D. Automatic Deregistration.
(1) If a request for a hearing is not made
and evidence of continued business operation in the State is not provided, the
apprenticeship program shall be automatically deregistered 30 days from the
date of the notice.
(2) The Council
shall:
(a) Give public notice of the
deregistration; and
(b) Notify all
federal, State, and local agencies involved together with any registered
apprentices remaining in the apprenticeship program.
E. Request for Hearing. If the sponsor requests a hearing:
(1) The Director
shall transmit to the Office of Administrative Hearings a report containing all
the information listed in §B(2) of this regulation;
(2) The Council shall request that the Office
of Administrative Hearings convene a hearing in accordance with Regulation .19
of this chapter;
(3) An
administrative law judge shall:
(a) Conduct a
deregistration hearing, and
(b)
Submit, in writing to the Council, proposed findings of fact and a recommended
decision; and
(4) The
Council shall make a final decision on the basis of the record before
it.
F. Evidence of Continued Operation.
(1) Instead of
requesting a hearing, the sponsor may, within 15 days of receipt of the notice,
provide the Council with evidence of continued operation in the
State.
(2) The timely submission of
evidence of continued operation in the State is considered a request for a
hearing.
(3) If, after reviewing
the evidence presented, the Council determines that the evidence of continued
operation is insufficient, the Council shall refer the matter to the Office of
Administrative Hearings for a deregistration hearing in accordance with this
regulation.
G. Notice of Deregistration. If, after a hearing, deregistration is ordered, the Council shall:
(1) Give public notice of the order;
and
(2) Notify:
(a) The sponsor, and
(b) All federal, State, and local agencies
involved together with any registered apprentices remaining in the
apprenticeship program.
H. Applicable Deregistration Proceedings.
(1) The deregistration proceedings of this
section apply when the Council has reasonable cause to believe the program
sponsor is no longer operating.
(2)
If the Council's determination of reasonable cause is made based upon other
grounds, deregistration proceedings shall follow the procedures of Regulation
.15 of this chapter.
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