Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 11 - APPRENTICESHIP AND TRAINING COUNCIL
Section 839-011-0082 - Deregistration of Committees
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Council will deregister committees for inactivity, inadequate activity, or failure to abide by ORS Chapter 660 or the rules and policies of the Council pursuant to ORS Chapter 660.120(4)(d), or if the committee has informed the Director or the Council that it will no longer perform its duties.
(2) On behalf of the Council, the Director shall, to the extent practical, secure the formation of a new committee where a previously approved committee failed to carry out an effective program.
(3) A committee shall be subject to deregistration if it has had no apprentices registered for two years or more, has not had at least two quorum meetings in a twelve month period, has failed to administer to the needs of the apprentices or the industry concerned or if so otherwise deemed appropriate by the Council.
(4) Deregistration of a program may commence upon the voluntary action of the sponsor by submitting a request for cancellation of the registration in accordance with section (5) of this section, or upon reasonable cause, by the Division, in collaboration with the Council instituting formal deregistration proceedings in accordance with section (6) of this section.
(5) Deregistration at the request of the sponsor. The Division may cancel the registration of an apprenticeship program, subject to ratification by the Council, by written acknowledgment of such request stating the following:
(6) Deregistration by the Division upon reasonable cause.
(7) 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 Division must provide a reasonable amount of technical assistance in an effort to help the program achieve conformity.
(8) If the required correction is not effected within the allotted time, the Division shall send a notice to the sponsor, by registered or certified mail, return receipt requested, stating the following:
(9) If the sponsor does not request a hearing, the Division, in consultation with the Council, will make a final decision on decertification based upon the record before the Division. The Division will then transmit to the Administrator of the Office of Apprenticeship a report containing all pertinent facts and circumstances concerning the nonconformity, including the findings and recommendation for deregistration, decisions and copies of all relevant documents and records. Statements concerning interviews, meetings and conferences will include the time, date, place, and persons present.
(10) If the sponsor requests a hearing, the Division will notify the sponsor, in writing, The Division shall convene a hearing in accordance with paragraph (12) of this section.
(11) The Division, in consultation with the Council, shall make a final decision on the basis of the record before it, that shall consist of the compliance review file and other evidence presented and, if a hearing was conducted pursuant to paragraph (12), the proposed findings and recommended decision of the hearings officer. In its discretion, the Division, in consultation with the Council, may allow the sponsor a reasonable time to achieve voluntary corrective action. If the Division's decision is that the apprenticeship program is not operating in accordance with this plan, the apprenticeship program shall be deregistered. In each case where deregistration is ordered, the Division shall make public notice of the order and shall notify the sponsor and the complainant, if any, and the Department. The Council shall inform any sponsor whose program has been deregistered that it may appeal such deregistration to the Department in accordance with the procedures of 29 CFR, Section 30.15.
(12) Hearings shall be conducted in accordance with the following procedures:
(13) When a program sponsor requests a hearing to dispute proposed deregistration, for federal purposes, the Division must transmit to the Administrator of the Office of Apprenticeship a report containing all the data listed in paragraphs (6)-(12) of this section, and the Administrator will refer the matter to the Office of Administrative Law Judges to convene a hearing in accordance with 29 CFR 29.10.
(14) If a committee is decertified, the Division will 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 for all State purposes, and that all apprentices are referred to the Division for information about potential transfer to other registered apprenticeship programs.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120(d)