C. Deregistration of an
apprenticeship program: Deregistration of a program may be effected upon the
voluntary action of the sponsor by submitting a request for cancellation of the
registration in accordance with Paragraph (1) of this subsection or upon
reasonable cause, by the department instituting formal deregistration
proceedings in accordance with Paragraph (2) of this subsection.
(1) Deregistration at the request of the
sponsor: The department may cancel the registration of an apprenticeship
program by written acknowledgment of such request stating the following:
(a) the registration is cancelled at the
sponsor's request and effective date thereof;
(b) that, within 15 days of the date of the
acknowledgment, the sponsor shall notify all apprentices of such cancellation
and the effective date; that such cancellation automatically deprives the
apprentice of individual registration; that the deregistration of the program
removes the apprentice from coverage for federal purposes which require the
secretary of labor's approval of an apprenticeship program, and that all
apprentices are referred to the department for information about potential
transfer to other registered apprenticeship programs.
(2) Deregistration by the department upon
reasonable cause:
(a) Deregistration
proceedings may be undertaken when the apprenticeship program is not conducted,
operated, or administered in accordance with the program's registered standards
or with the requirements of this part, including but not limited to: failure to
provide on-the-job learning; failure to provide related instruction; failure to
pay the apprentice a progressively increasing schedule of wages consistent with
the apprentices skills acquired; or persistent and significant failure to
perform successfully. Deregistration proceedings for violation of equal
opportunity requirements must be processed in accordance with the provisions
under 11.2.2 NMAC equal employment opportunity in apprenticeship state
plan.
(b) For purposes of this
section, persistent and significant failure to perform successfully occurs when
a program sponsor consistently fails to register at least one apprentice, shows
a pattern of poor quality assessment results over a period of several years,
demonstrates an ongoing pattern of very low completion rates over a period of
several years, or shows no indication of improvement in the areas identified by
the SAA during a review process as requiring corrective action.
(c) Where it appears the program is not being
operated in accordance with the registered standards or with requirements of
this part, the department must notify the program sponsor in writing.
(d) The notice sent to the program sponsor's
contact person must:
(i) be sent by registered
or certified mail, with return receipt requested;
(ii) state the shortcoming(s) and the remedy
required; and
(iii) state that a
determination of reasonable cause for deregistration will be made unless
corrective action is effected within 30 days.
(e) Upon request by the sponsor for good
cause, the 30-day term may be extended for another 30 days; during the period
for corrective action, the department must assist the sponsor in every
reasonable way to achieve conformity.
(f) If the required correction is not
effected within the allotted time, the department must send a notice to the
sponsor, by registered or certified mail, return requested, stating the
following:
(i) the notice is sent under this
paragraph;
(ii) certain
deficiencies were called to the sponsor's attention (enumerating them and the
remedial measures requested, with the dates of such occasions and letters), and
the sponsor has failed or refused to take corrective action; and
(iii) based upon the stated deficiencies and
failure to remedy them, a determination has been made that there is reasonable
cause to deregister the program and the program may be deregistered unless,
within 15 days of the receipt of this notice, the sponsor requests a hearing
with the department;
(g)
If the sponsor does not request a hearing, the department will deregister the
program.
(h) If the sponsor
requests a hearing, the department will transmit to the administrator a report
containing all pertinent facts and circumstances concerning the noncomformity,
including the findings and recommendations for deregistration, and copies of
all relevant documents and records. Statements concerning interviews, meetings,
and conferences will include the time, date, place and persons present, and the
administrator will refer the matter to the office of administrative law judges.
An administrative law judge will convene a hearing in accordance with
Subsection D of this section.
(i)
Every order of deregistration must contain a provision that the sponsor must,
within 15 days of the effective date of the order, notify all registered
apprentices of the deregistration of the program; the effective date thereof;
that such cancellation automatically deprives the apprentice of individual
registration; that the deregistration removes the apprentice from coverage for
federal purposes which require the secretary of labor's approval of an
apprenticeship program; and that all apprentices are referred to the department
for information about potential transfer to other registered apprenticeship
programs.