Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 11 - APPRENTICESHIP AND TRAINING COUNCIL
Section 839-011-0093 - Disciplinary Procedure

Universal Citation: OR Admin Rules 839-011-0093

Current through Register Vol. 63, No. 9, September 1, 2024

(1) The Council shall establish a disciplinary procedure, to be applied before any disciplinary action toward a committee, apprentice or training agent is taken, consisting of but not limited to:

(a) A request to appear before Council to present information and answer questions from the Council; and

(b) A written notice of Council's decision in the matter.

(2) Based on a complaint, compliance review, or other reason, the Division may investigate, or cause a local committee to investigate, whether a training agent or committee is in compliance with the program standards relating to the ratio, supervision, or approved work processes requirements, wages or Council policies.

(3) The Division shall notify the training agent and the program sponsor that an investigation has commenced. If the Division requests that a local committee initiate an investigation as to whether a training agent is in compliance with the program standards relating to the ratio, supervision, or approved work processes requirements, wages or Council policies, the local committee shall forward the results of the investigation to the Division within 60 days of the request.

(4) The Division shall prepare a report identifying the results of the investigation. If the results indicate that the training agent is not operating as required by the program standards, the Division shall notify the training agent and local committee in writing of the results, with a copy of the report to the Council. Additionally:

(a) The Division will make a reasonable effort to secure compliance on the part of the training agent or committee by requiring the training agent or committee to submit to the Division a proposed plan identifying voluntary corrective action. The Division shall review the proposed corrective action plan and approve it, or work with the training agent or committee to modify it, before its implementation. If the Division does not receive notice, within thirty (30) calendar days, that action has been taken to correct violations, the Division shall refer the matter to the Council for action. The local committee shall assist the training agent in developing a proposed corrective action plan and shall assist the Division in monitoring the training agent's compliance with the terms of the approved corrective action plan.

(b) If the Division is unable to obtain compliance from the training agent or committee under (a) of this subsection, or if a second investigation within one year of the initial inspection reveals the training agent or committee is not operating as required by the program standards, the Division shall refer the matter to the Council for action.

(5) The Council will take action upon the Division's referral under subsection (4)(b) of this section. After a notice and the opportunity for the training agent to show cause, the Council will decide by a majority vote of the members present whether to issue a determination that the training agent or committee is out of compliance with program standards relating to the ratio, supervision, or approved work processes requirements, wages or Council policies. Where training agent violations are found by the Council after a review of all relevant facts, including the opportunity for the training agent to make a presentation before the Council, the Council may vote to:

(a) Censure the training agent or committee and find it not to be in good standing;

(b) Place the training agent or committee on probation for a specific period of time;

(c) Prohibit the training agent from employing apprentices or prohibit the committee for registering new apprentices for up to two years;

(c) Order specific actions to correct the violations;

(d) Impose sanctions pursuant to existing Council policies and interpretations; or

(e) Deregister the training agent or committee.

(6) A determination by the Council that a training agent is out of compliance with program standards relating to the ratio, supervision, or approved work processes requirements, wages or Council policies shall be stated in writing, along with the reasons supporting it, and shall be mailed to the training agent and program sponsor.

(7) The Division shall place Council determinations under this section on file for public review. The Division shall maintain a list of all training agents who, as a result of a determination they are out of compliance are unable to employ registered apprentices. The Division shall make the list available to the public upon request.

Stat. Auth.: ORS 660.120(1)

Stats. Implemented: ORS 660.120(1) & 660.120(2)(d)

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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