OAR 839-011-0093
Apprenticeship and Training Committees — Disciplinary Procedure

(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.

Source: Rule 839-011-0093 — Apprenticeship and Training Committees — Disciplinary Procedure, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-011-0093.

839‑011‑0000
Apprenticeship and Training Council — Notice of Proposed Rule 839‑011‑0010
Apprenticeship and Training Council — Model Rules of Practice and Procedure 839‑011‑0015
Apprenticeship and Training Council — Rules of Order 839‑011‑0020
Apprenticeship and Training Council — Date and Location of Meetings 839‑011‑0030
Apprenticeship and Training Council — Preparation of Agenda 839‑011‑0040
Apprenticeship and Training Council — Public Participation at Meetings 839‑011‑0050
Apprenticeship and Training Council — Certificate of Meritorious Service 839‑011‑0051
Apprenticeship and Training Council — Delegation of Authority 839‑011‑0070
Apprenticeship and Training Committees — Definitions 839‑011‑0072
Apprenticeship and Training Committees — Formation 839‑011‑0073
Apprenticeship and Training Committees — Policies and Procedures 839‑011‑0074
Apprenticeship and Training Committees — Member Selection 839‑011‑0078
Apprenticeship and Training Committees — Removal of Members 839‑011‑0082
Apprenticeship and Training Committees — Deregistration 839‑011‑0084
Apprenticeship and Training Committees — Approval of New Programs and Standards 839‑011‑0088
Apprenticeship and Training Committees — Registration of Apprenticeship Agreements 839‑011‑0090
Apprenticeship and Training Committees — Causes for Disciplinary Action 839‑011‑0093
Apprenticeship and Training Committees — Disciplinary Procedure 839‑011‑0140
Apprenticeship and Training Committees — Approval and Dissolution 839‑011‑0141
Apprenticeship and Training Committees — Minimum Guideline Standards 839‑011‑0142
Apprenticeship and Training Committees — Apprentice/Trainee Qualifications 839‑011‑0143
Apprenticeship and Training Committees — Ratio and Supervision 839‑011‑0145
Apprenticeship and Training Committees — Compliance Reviews 839‑011‑0162
Apprenticeship and Training Committees — Employer Training Agents 839‑011‑0170
Apprenticeship and Training Committees — Meetings, Minutes Submission and Processing 839‑011‑0175
Apprenticeship and Training Committees — Cancellation Notices 839‑011‑0200
Apprenticeship and Training Committees — Equal Employment Opportunity in Apprenticeship 839‑011‑0250
Apprenticeship and Training Committees — Agreements During Labor Disputes 839‑011‑0260
Apprenticeship and Training Committees — Movement and Training of Apprentices within the Same Occupation 839‑011‑0265
Apprenticeship and Training Committees — Training in Work Processes 839‑011‑0270
Apprenticeship and Training Committees — Administrative Cancellation or Completion of Apprenticeship Agreements 839‑011‑0280
Apprenticeship and Training Committees — Electrical Apprentices 839‑011‑0290
Apprenticeship and Training Committees — Plumber Apprentices 839‑011‑0300
Apprenticeship and Training Committees — Effective Date of Actions 839‑011‑0310
Apprenticeship and Training Committees — Apprentice Rights 839‑011‑0320
Apprenticeship and Training Committees — Required Appearance at Council Meetings 839‑011‑0334
Apprenticeship and Training Committees — Eligibility of Family and Current Employees 839‑011‑0335
Apprenticeship and Training Committees — Pre-Apprenticeship Programs 839‑011‑0401
Youth Apprenticeship — Program Approval 839‑011‑0402
Youth Apprenticeship — Eligibility 839‑011‑0403
Youth Apprenticeship — Selection 839‑011‑0404
Youth Apprenticeship — Employer Training Agents 839‑011‑0405
Youth Apprenticeship — Supervision 839‑011‑0406
Youth Apprenticeship — Ratio and Supervision 839‑011‑0407
Youth Apprenticeship — Evaluation 839‑011‑0408
Youth Apprenticeship — Transfer of Youth Apprentices 839‑011‑0501
Apprenticeship and Training Council Subpoenas — Purpose and Scope 839‑011‑0505
Apprenticeship and Training Council Subpoenas — Definitions 839‑011‑0510
Apprenticeship and Training Council Subpoenas — Who and What May Be Subpoenaed 839‑011‑0515
Apprenticeship and Training Council Subpoenas — Circumstances under Which a Subpoena May be Issued 839‑011‑0520
Apprenticeship and Training Council Subpoenas — Who May Issue Subpoenas 839‑011‑0525
Apprenticeship and Training Council Subpoenas — Subpoena Duces Tecum 839‑011‑0530
Apprenticeship and Training Council Subpoenas — Subpoena Ad Testificandum 839‑011‑0535
Apprenticeship and Training Council Subpoenas — Method of Service 839‑011‑0540
Apprenticeship and Training Council Subpoenas — Fees 839‑011‑0545
Apprenticeship and Training Council Subpoenas — Time and Manner of Objecting to Subpoenas 839‑011‑0550
Apprenticeship and Training Council Subpoenas — Response to Objections 839‑011‑0555
Apprenticeship and Training Council Subpoenas — Method of Taking Testimony 839‑011‑0560
Apprenticeship and Training Council Subpoenas — Failure to Appear 839‑011‑0565
Apprenticeship and Training Council Subpoenas — Enforcement of Subpoena
Last Updated

Jun. 8, 2021

Rule 839-011-0093’s source at or​.us