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