Chapter 5101:11-7 Exemptions

5101:11-7-01 De-registration of programs.

Program registration may be discontinued in one of two ways:

(A) Request of sponsor. The council office may cancel the registration of an apprenticeship program at the sponsor's request, by providing the sponsor written notification:

(1) That the registration is canceled at the sponsor's request, and effective date thereof; and

(2) That, within fifteen days of the date of acknowledgment, the sponsor shall notify all apprentices: of such cancellation and the effective date; that such cancellation automatically deprives each apprentice of his/her individual registration; that the de-registration of the program removes the apprentice from coverage for federal and state purposes which require the council office's approval of an apprenticeship program; and that all apprentices are invited to contact the council office for information about potential transfer to other registered programs.

(B) Formal de-registration. With the exception of equal opportunity (EEO) cases referred for court action under paragraph (B) of rule 5101:11-6-03 of the Administrative Code, the council office must initiate de-registration proceedings when a compliance review or complaint investigation finds that a program is not in compliance with its registered standards or the rules under division 5101:11 of the Administrative Code, and when compliance has not been achieved through voluntary corrective action within the time frame(s) allowed in response to such finding.

(1) In this event, the council administrator shall transmit to the council a report containing: all pertinent facts and circumstances concerning the noncompliance, including the findings and recommendations for de-registration; and copies of all relevant documents and records. Any statement concerning an interview, meeting, or conference shall specify the pertinent time(s), date(s), and place(s), as well as the person(s) present. At the same time, the council office shall send a notice to the sponsor, by registered or certified mail, return receipt requested, stating the following:

(a) That the notice is sent pursuant to this rule;

(b) That certain deficiencies were called to the sponsor's attention and remedial measures requested, the dates and means of such communications; what the deficiencies and requested measures were; and that the sponsor has failed or refused to effect correction;

(c) That based upon the stated deficiencies and failure of remedy, the program may be de-registered, and that within fifteen days of receipt of this notice, the sponsor may request a hearing; and

(d) That if the request for a hearing is not made, the council office will obtain a recommendation on the basis of the record, with respect to de-registration.

(2) In the case of a violation not involving EEO, the council office shall notify the sponsor that it still has thirty days to achieve corrective action before de-registration proceedings are started. Upon request by the sponsor, and at the council office's discretion, the thirty-day term may be extended for another thirty days. During the period for correction, the council office shall assist the sponsor in every reasonable way to achieve compliance.

(3) If the sponsor does not request a hearing, the council shall make a recommendation on the basis of the record before it, except that in cases involving non-compliance with EEO rules, the chairperson or his/her designee will make a recommendation on the same basis. In the event that the chairperson appoints a designee, the designee shall be either another council member or the council administrator.

(4) If the sponsor requests a hearing, the council shall convene a hearing in accordance with rule 5101:11-7-02 of the Administrative Code and shall make a recommendation on the basis of the record before it, including the proposed findings and recommendations of the hearing officer; except that in cases involving EEO, the chairperson or his/her designee shall convene the hearing and make a recommendation on the same basis.

(5) The state apprenticeship agency (SAA) shall make a final decision, whether in the event of a hearing or in the absence of a request for a hearing, and this decision may consist of one and only one of the following conclusions:

(a) That the program shall be de-registered;

(b) That there are not sufficient grounds for de-registration; or

(c) That the sponsor may be allowed a reasonable additional period to correct the designated deficiencies, such period to be specified as part of the final decision, at the end of which the program will be automatically de-registered, unless the council office can determine with certainty, based entirely on such evidence as the sponsor may present at that time, that the cited deficiencies have been corrected.

(6) In the event of de-registration, the person(s) issuing the final decision shall also issue a de-registration order, and shall give notice of the order to the sponsor and to the public.

(7) Every order of de-registration shall contain a provision that the sponsor shall, within fifteen days of the effective date of the order, notify each registered apprentice of the de-registration of the program; the effective date thereof; that such cancellation automatically deprives the apprentice of his/her individual registration; that the de-registration removes the apprentice from coverage for federal and state purposes which require the council office's approval of the apprenticeship program; and that all apprentices are invited to contact the council office for information about potential transfer to other registered programs.

Replaces: 5101:11-6-01

Effective: 08/07/2014
R.C. 119.032 review dates: 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03 , 4139.05
Prior Effective Dates: 6/20/79, 11/23/98, 3/22/04, 6/6/09

5101:11-7-02 Hearings.

(A) Within ten days of receiving a request for a hearing under rule 5101:11-7-01 of the Administrative Code, the state apprenticeship agency (SAA) shall designate a hearing officer, with the exception that in cases involving equal opportunity (EEO) non-compliance, the chairperson or his/her designee will, in place of the SAA, select a hearing officer. The hearing officer shall give reasonable notice of such hearing by registered mail, return receipt requested, to the appropriate sponsor. Such notice shall include the following:

(1) A reasonable time and place of hearing;

(2) A statement of the provision(s) of division 5101:11 of the Administrative Code with which the program is alleged not to comply; and

(3) A concise statement of alleged instance(s) of non-compliance based on which the current de-registration proceedings were initiated.

(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/her case, including such cross-examination as may be appropriate in the circumstances. The hearing officer shall develop findings and a recommended decision, on the basis of the record of the hearing and any record(s) available to the parties at the time of the hearing, and will present these within thirty calendar days of the conclusion of the hearing to the person(s) responsible for issuing a final decision.

(C) The council office shall inform the sponsor of any program de-registered for EEO violations, that it may appeal such de-registration to the office of apprenticeship in accordance with the procedures of 29 C.F.R. 30.15 ("equal employment opportunity in apprenticeship and training"), and that any request for such appeal must be submitted to the council office, which will forward same to the office of apprenticeship.

Replaces: 5101:11-6-02

Effective: 08/07/2014
R.C. 119.032 review dates: 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03 , 4139.05
Prior Effective Dates: 6/20/79, 11/23/98, 3/22/04, 6/6/09

5101:11-7-03 Reinstatement of program registration.

(A) The registration of any apprenticeship program de-registered for non-compliance with equal opportunity (EEO) rules, may be reinstated upon presentation of adequate evidence to the council office that the apprenticeship program is operating in accordance with those rules.

(B) Except for the situation described in paragraph (C) of this rule, a program de-registered for non-compliance with rules other than the EEO requirements, may only obtain reinstatement on the following conditions:

(1) Reinstatement may occur no earlier than one year after issuance of the de-registration order.

(2) The council office must determine with certainty that the program has been brought into compliance with all requirements for registered programs, based entirely on such evidence as the sponsor may present.

(C) Within one year of de-registration for inactivity under paragraph (C)(2) of rule 5101:11-3-02 of the Administrative Code, the council office may grant reinstatement, if it determines that the program in question:

(1) Has an acceptable set of current standards; and

(2) Is prepared to immediately enroll one or more apprentice(s).

(D) Upon request to the council office, a sponsor may reverse a voluntary de-registration within six months of its effective date, provided that on that date the council office had no current grounds to initiate involuntary de-registration proceedings.

Replaces: 5101:11-6-03

Effective: 08/07/2014
R.C. 119.032 review dates: 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03 , 4139.05
Prior Effective Dates: 10/8/71, 10/13/78, 6/20/79, 11/23/98, 3/22/04, 6/6/09