§ 28-45-15. Deregistration of program.
(a) Deregistration of a program may be effected upon the voluntary action of the sponsor
by a request for cancellation of the registration, or upon reasonable cause, by the
department of labor and training instituting formal deregistration proceedings in
accordance with provisions of 29 C.F.R. § 29.8.
(b) The department of labor and training may cancel the registration of an apprenticeship
program by written acknowledgment of such request stating the following:
(1) The registration is canceled at the sponsor's request, and the effective date thereof;
(2) That, within fifteen (15) days of the date of the acknowledgment, the sponsor shall
notify all apprentices of the cancellation and the effective date; that the cancellation
automatically deprives the apprentice of his/her individual registration; and that
the deregistration of the program removes the apprentice from coverage for federal
purposes that require the Secretary of the United States Department of Labor's approval
of an apprenticeship program.
(c) The department of labor and training shall conduct formal deregistration proceedings
as follows:
(1) Deregistration proceedings may be undertaken when the apprenticeship program is not
conducted, operated, and administered in accordance with the registered provisions
or the requirements of this chapter, except that deregistration proceedings for violation
of equal opportunity requirements shall be processed in accordance with the provisions
under 29 C.F.R. Part 30, as amended.
(2) Where it appears the program is not being operated in accordance with the registered
standards or with the requirements of this chapter, the department of labor and training
shall so notify the program sponsor in writing.
(3) Notice to the sponsor must contain the following elements:
(i) Be sent by registered or certified mail, with return receipt requested;
(ii) State the shortcoming(s) and the remedy required; and
(iii) State that a determination of reasonable cause for deregistration will be made unless
corrective action is effected within thirty (30) days.
(4) Upon request by the sponsor for good cause, the thirty-day (30) term may be extended
for another thirty (30) days. During the period for correction, the sponsor shall
be assisted in every reasonable way to achieve conformity.
(5) If the required correction is not effected within the allotted time, the department
of labor and training shall send a notice to the sponsor, by registered or certified
mail, return receipt requested, stating the following:
(i) The notice is sent pursuant to this subsection;
(ii) Certain deficiencies (stating them) were called to the sponsor's attention and remedial
measures requested, with dates of such occasions and letters, and that the sponsor
has failed or refused to effect correction;
(iii) Based upon the stated deficiencies and failure of remedy, a determination of reasonable
cause has been made and the program may be deregistered unless, within fifteen (15)
days of the receipt of this notice, the sponsor requests a hearing;
(iv) If a request for a hearing is not made, the entire matter may be decided by the department
of labor and training.
(6) If the sponsor requests a hearing, the department of labor and training shall transmit
to the United States Department of Labor, administrator, office of apprenticeship,
a report containing all pertinent facts and circumstances concerning the nonconformity,
including the findings and recommendation for deregistration, and copies of all relevant
documents and records. Statements concerning interviews, meetings, and conferences
shall include the time, date, place, and persons present. The administrator shall
make a final order on the basis of the record before him or her. The administrator
will refer the matter to the office of administrative law judges. An administrative
law judge will convene a hearing in accordance with 29 C.F.R. § 29.10, and issue a decision as required in 29 C.F.R. § 29.10(c).
(7) At his or her discretion, the secretary may allow the sponsor a reasonable time to
achieve voluntary corrective action. If the secretary's decision is that the apprenticeship
program is not operating in accordance with the registered provisions or requirements
of this part, the apprenticeship program shall be deregistered. In each case in which
reregistration is ordered, the secretary shall make public notice of the order and
shall notify the sponsor.
(8) Every order of deregistration shall contain a provision that the sponsor shall, within
fifteen (15) days of the effective date of the order, notify all registered apprentices
of the deregistration apprentice or his/her individual registration; and that the
deregistration removes the apprentice from coverage for federal purposes that require
the secretary of labor's approval of an apprenticeship program.
(9) Any apprenticeship program deregistered pursuant to this part may be reinstated upon
presentation of adequate evidence that the apprenticeship program is operating in
accordance with this part. This evidence shall be presented to the administrator,
office of apprenticeship, if the sponsor had not requested a hearing, or to the secretary,
if an order of deregistration was entered pursuant to a hearing.
(10) Within ten (10) days of his/her receipt of a request for a hearing, the administrator
of apprenticeship must contact the department of labor's office of administrative
law judges to request a designation of an administrative law judge to preside over
the hearing. The administrative law judge shall give reasonable notice of such hearing
by registered mail, return receipt requested, to the appropriate sponsor. Such notice
shall include:
(i) A reasonable time and place of hearing;
(ii) A statement of the provisions of this part pursuant to which the hearing is to be
held; and
(iii) A concise statement of the matters pursuant to which the action forming the basis
of the hearing is proposed to be taken.
(11) The administrative law judge 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/her case, including such cross-examination as may be appropriate in
the circumstances. Administrative law judges shall make their proposed findings and
recommended decisions to the secretary upon the basis of the record before him or
her.