OAR 839-011-0082
Apprenticeship and Training Committees — Deregistration
(1)
The Council will deregister committees for inactivity, inadequate activity, or failure to abide by ORS Chapter 660 (Apprenticeship and Training) or the rules and policies of the Council pursuant to ORS Chapter 660.120 (Duties and powers of council and division)(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:(a)
The registration is cancelled at the sponsor’s request, and the effective date thereof;(b)
That, within 15 days of the date of the acknowledgment, the sponsor 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.(6)
Deregistration by the Division 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 provisions or with the requirements of this part, including not but 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 apprentice’s 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 29 CFR Part 30.(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 Division 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 Division must notify the program sponsor in writing.(d)
The notice sent to the program sponsor’s contact person must:(A)
Be sent by registered or certified mail, with return receipt requested;(B)
State the shortcoming(s) and the remedy required; and(C)
State that a determination of reasonable cause for deregistration will be made unless corrective action is effected within 30 days.(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:(a)
The notice is sent under this paragraph;(b)
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 that the sponsor has failed or refused to effect correction;(c)
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 Division; and(d)
If the sponsor does not request a hearing, the Division and the Council will make a final decision on the record with respect to deregistration.(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:(a)
Within 10 days of receipt of a request for a hearing, the Director shall designate a hearing officer. The hearing officer shall give reasonable notice of such hearing by registered mail, return receipt requested to the sponsor. Such notice shall include a reasonable time and place of hearing; a statement of the provisions of this plan pursuant to which the hearing is to be held; and a concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken.(b)
The hearing officer shall regulate the course of the hearing. Hearings shall be informally conducted. Every party shall have the right to counsel, and a fair opportunity to present his or her case including such cross - examination as may be appropriate in the circumstances. Hearing officers shall make their proposed findings and recommended decisions to the Director within 60 days upon the basis of the record before them. The Director will then make a final order for all State purposes.(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.
Source:
Rule 839-011-0082 — Apprenticeship and Training Committees — Deregistration, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-011-0082.