Chapter 5101:11-6 Discontinuing Program Registration

5101:11-6-01 Deregistration of programs.

Program registration may be discontinued in one of two ways:

(A) Request of sponsor. The council 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; and that the deregistration of the program removes the apprentice from coverage for federal and state purposes which require the council's approval of an apprenticeship program.

(B) Formal deregistration. The council must initiate deregistration proceedings when a compliance investigation under rule 5101:11-5-01 of the Administrative Code finds that the apprenticeship program in question is not being conducted, operated, and administered in accordance with the registered program standards or the rules under division 5101:11 of the Administrative Code, and when compliance has not been achieved through voluntary corrective action by the sponsor within the time frame(s) allowed by those rules.

(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 deregistration; 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 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 deregistered unless, within fifteen days of receipt of this notice, the sponsor requests a hearing; and

(d) That if the request for a hearing is not made, the entire matter will be submitted to the council, for a decision on the record with respect to deregistration.

(2) In the case of a violation not involving equal opportunity, the council shall notify the sponsor that it still has thirty days to achieve corrective action before deregistration proceedings are started. Upon request by the sponsor, and at the council's discretion, the thirty-day term may be extended for another thirty days. During the period for correction, the council 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 final decision on the basis of the record before it, except that in cases involving non-compliance with equal opportunity rules, the chairperson or his/her designee will render the final decision 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 5101:11-6-02 of the Administrative Code and shall make a final decision on the basis of the record before it, including the proposed findings and recommendations of the hearing officer; except that in cases involving equal opportunity, the chairperson or his/her designee shall convene the hearing make and a final decision on the same basis.

(5) A final decision, whether in the event of a hearing or in the absence of a request for a hearing, may consist of one and only one of the following conclusions, to be reached at the full discretion of the authorities charged with the decision under Chapter 5101:11-6 of the Administrative Code:

(a) That the program shall be deregistered;

(b) That there are not sufficient grounds for deregistered; 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 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 deregistration, the person(s) issuing the final decision shall also issue a deregistration order, and shall give notice of the order to the sponsor and to the public.

(7) Every order of deregistration shall contain a provision that the sponsor shall, within fifteen days of the effective date of the order, notify each registered apprentice of the deregistration of the program; the effective date thereof; that such cancellation automatically deprives the apprentice of his/her individual registration; and that the deregistration removes the apprentice from coverage for federal and state purposes which require the council's approval of the apprenticeship program.

Effective: 06/06/2009
R.C. 119.032 review dates: 03/20/2009 and 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 6/20/79, 11/23/98, 3/22/04

5101:11-6-02 Hearings.

(A) Within ten days of receiving a request for a hearing under rule 5101:11-6-01 of the Administrative Code, the council shall designate a hearing officer, with the exception that in cases involving non-compliance with equal opportunity rules, the chairperson or his/her designee will, in place of the council, 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 deregistration 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 shall inform the sponsor of any program deregistered for violations of equal opportunity requirements, that it may appeal such deregistration to the office of apprenticeship in accordance with the procedures of 29 C.F.R., section 30.15 ("equal employment opportunity in apprenticeship and training").

Effective: 06/06/2009
R.C. 119.032 review dates: 03/20/2009 and 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 6/20/79, 11/23/98, 3/22/04

5101:11-6-03 Reinstatement of program registration.

(A) The registration of any apprenticeship program deregistered pursuant to Chapter 5101:11-4 of the Administrative Code (regarding equal opportunity) may be reinstated upon presentation of adequate evidence to the chairperson or his/her designee that the apprenticeship program is operating in accordance with that chapter.

(B) The registration of any apprenticeship program deregistered pursuant to any other rules of division 5101:11 of the Administrative Code may be reinstated no earlier than one year after issuance of the de-registration order, if the council determines 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 at that time.

Effective: 06/06/2009
R.C. 119.032 review dates: 03/20/2009 and 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 10/8/71, 10/13/78, 6/20/79, 11/23/98, 3/22/04