California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 4 - Apprenticeship Standards › Section 212.4 - Deregistration of Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The deregistration of a program cancels the approval of a
						program to operate.
(a) The Chief DAS
					 shall deregister an apprenticeship program upon the request of the sponsor as
					 long as within fifteen days of the Chief's acknowledgment of the request for
					 deregistration, the sponsor shall inform each apprentice in writing of the
					 deregistration, the proposed effective date of the deregistration and the names
					 and addresses of other programs in the area. The Chief shall not deregister the
					 program unless the sponsor complies with this requirement.
(b) The Chief may deregister an
					 apprenticeship program, if the program is not conducted, operated and
					 administered in accordance with applicable federal and state law and
					 regulations or the program's approved apprenticeship standards, or if a program
					 has had no active apprentices for a period of two (2) years.
(1) If the Chief has information that a
					 program is not being operated in accordance with applicable federal and state
					 law and regulations, including violations of Labor Code section
					 3073.9, or the
					 program's approved apprenticeship standards, the Chief shall so notify the
					 program sponsor in writing sent by registered or certified mail, with return
					 receipt requested. The notice shall identify the violation and the action
					 needed to correct the violation. The notice shall state that the program will
					 be deregistered unless corrective action is completed within thirty days. Upon
					 a showing of good cause, the Chief may grant the sponsor a reasonable extension
					 of time to achieve corrective action. In conjunction with the deregistration
					 process, the Chief may also suspend registrations of new apprentice agreements
					 under the procedure set forth in Section
					 206. Where the Chief has
					 information that a program has had no active apprentices for a period of two
					 (2) years, that shall be considered grounds for deregistration and the Chief
					 shall notify the program sponsor in writing as set forth above that the program
					 will be deregistered unless the program can show good cause within thirty (30)
					 days why it should not be deregistered;
(2) The Chief shall advise the sponsor in
					 every reasonable way to help the program sponsor correct the
					 violation;
(3) If the required
					 correction is made, the Chief may periodically review the program to see that
					 the correction is maintained;
(4)
					 If the required correction is not completed, or if a program which has had no
					 active apprentices for a period of two (2) years fails to show good cause why
					 it should not be deregistered, within the allotted time, the Chief shall send a
					 notice to the sponsor, by registered or certified mail, return receipt
					 requested. The notice shall:
(A) State that
					 it is sent pursuant to this subsection;
(B) Indicate that the program has had no
					 active apprentices for a period of two (2) years and has failed to show good
					 cause why it should not be deregistered; or identify the violation with
					 particularity, state when it was called to the sponsor's attention, identify
					 the correction required and state that the sponsor has failed or refused to
					 correct the violation;
(C) State
					 that the Chief will recommend that the Administrator deregister the program
					 unless the sponsor requests a hearing within fifteen days of the date of the
					 notice;
(5) If the
					 sponsor does not request a hearing, the Chief shall transmit to the
					 Administrator a report containing all pertinent facts and circumstances
					 concerning the violation, 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.
(6) If the
					 sponsor requests a hearing, the Chief shall transmit to the Administrator a
					 report containing all the data listed in subparagraph (5) above. The
					 Administrator shall hold a hearing in accordance with Section
					 202, and shall make a final
					 decision on the basis of the record, including the proposed findings and
					 recommended decision of the Chief. At the Administrator's discretion, he/she
					 may allow the sponsor a reasonable period of time to achieve corrective
					 action.
(7) The decision of the
					 Administrator concerning deregistration of a program shall be final and become
					 an order of the Council unless an appeal is filed by the sponsor with the
					 Council within thirty (30) days following the date the decision is issued. If
					 the program is deregistered, and no appeal to the Council is filed, the
					 deregistration shall be effective sixty (60) days following the date the
					 Administrator's Decision was issued.
(8) The sponsor may appeal the
					 Administrator's Decision to the Council. If an appeal is filed, the procedures
					 of Section 203 shall be followed. The Decision
					 of the Council shall be final and shall be effective thirty (30) days following
					 the date the Council's Decision is issued.
(9) Upon issuance of the Administrator's
					 Decision to deregister, the Administrator shall make public notice of this
					 Decision and shall notify the sponsor and other programs in the same occupation
					 and in the same labor market area. Within 15 days of service of the
					 Administrator's Decision, the sponsor shall notify each apprentice of the
					 Administrator's Decision to deregister the program. The sponsor shall inform
					 each apprentice that, if the deregistration decision becomes final, it
					 automatically terminates the apprentice's individual registration. The sponsor
					 shall provide each apprentice with the names and addresses of other programs in
					 the area. Finally, the sponsor shall provide Chief, DAS, with proof of said
					 mailing.