Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 11 - APPRENTICESHIP AND TRAINING COUNCIL
Section 839-011-0145 - Compliance Reviews

Universal Citation: OR Admin Rules 839-011-0145

Current through Register Vol. 63, No. 3, March 1, 2024

(1) All committees are subject to periodic reviews of program operation and affirmative action activities.

(2) The Division shall develop and maintain a review schedule that identifies programs scheduled for review, the type of review to be conducted and the time period to be evaluated.

(3) The Program Operation Compliance Review will evaluate program operation and administration.

(a) New committees will receive a Program Operation Compliance Review annually for the first three years of operation, unless otherwise directed by the Council.

(b) After the first three (3) years, committees found in compliance will receive a Program Operation Compliance Review every three (3) years.

(4) The Affirmative Action Compliance Review will evaluate outreach, recruitment, and selection activities.

(a) Committees with five or more apprentices registered to a single standard during the previous three years will receive an annual Affirmative Action Compliance Review.

(b) Training agents who select their own apprentices in accordance with the committee's approved selection procedure will receive a separate annual Affirmative Action Compliance Review.

(5) Additional reviews may be scheduled if:

(a) The Director has a reasonable belief that such reviews are prudent and in the best interest of apprenticeship;

(b) Complaints have been received that the program is not operating in compliance; or

(c) At the Council's direction.

(6) Committees found out of compliance will be required to appear at the next meeting of the appropriate Council subcommittee, unless:

(a) The committee has not been previously found out-of-compliance;

(b) The welfare, safety and training of apprentices or trainees was not undermined;

(c) The committee has submitted a timely, written response that addresses all compliance issues requiring attention; and

(d) The Division has recommended approval of the compliance review and committee response.

(7) All reviews shall be reported on a form and in a format approved by the Council. Upon review of compliance reports, the Council shall take action including but not limited to any of the following:

(a) Approve the report;

(b) Refer the report back for further clarification;

(c) Extend the review period for up to six (6) months;

(d) Order a probationary period including more frequent and detailed program reviews;

(e) Direct compliance and/or corrective action accordingly;

(f) Impose sanctions;

(g) Deregister the committee and/or standards for non-compliance; and

(h) Any other action as directed by the Council and the Division.

Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 660.120(2)(a) & 660.120(2)(f)

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