Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 3 - Apprenticeship Division Standards and Procedure › Section IX-309 - Settlement of Controversies or Complaints, Deregistration Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The director of
				apprenticeship is empowered to investigate possible violations of the terms of
				an apprenticeship agreement and the standards of apprenticeship that govern
				such agreements. Such investigation may be based upon the complaint of an
				interested person, reasonable cause, a request from the state apprenticeship
				council upon a majority vote, or upon the initiative of the director of
				apprenticeship. The director of apprenticeship is further empowered to hold
				hearings, inquiries and other proceedings necessary to such investigations and
				determinations. Prior to any determination concerning a possible violation of
				the terms of an apprenticeship agreement or the governing standards of
				apprenticeship, the director of apprenticeship shall conduct a fact
				finding.
B. Subsequent to a
				determination, the director of apprenticeship shall make notification to the
				state apprenticeship council, and file a fact finding including recommended
				penalties not resulting in deregistration, with the executive director. If no
				appeal there from is filed with the executive director within 10 days after the
				date thereof, such determination shall become the order of the director of
				apprenticeship.
C. Any person
				aggrieved by a determination or action of the director of apprenticeship may
				appeal such action to the executive director who shall hold a hearing thereon,
				after due notice to the interested parties. Such hearing shall conform to the
				requirements of the Administrative Procedure Act,
				R.S.
				49:955.
D. Deregistration
1. Deregistration of a program may be
				effected upon the voluntary action of the sponsor by submitting a request for
				cancellation in writing to the director of apprenticeship, or upon reasonable
				cause, by the director of apprenticeship instituting formal deregistration
				proceedings in accordance with this Section.
2. Deregistration at the Request of the
				Sponsor. The director of apprenticeship may cancel the registration of an
				apprenticeship program by written acknowledgment of such request stating the
				following:
a. the registration is cancelled
				at the sponsor's request, and the effective date thereof;
b. that, within 15 days of the date of the
				acknowledgment, the sponsor will notify all apprentices of such cancellation
				and the effective date; that such cancellation automatically deprives the
				apprentice of individual registration; that the deregistration of the program
				removes the apprentice from coverage for federal purposes which require the
				secretary of Labor's approval of an apprenticeship program, and that all
				apprentices are referred to the Louisiana Workforce Commission, Apprenticeship
				Division for information about potential transfer to other registered
				apprenticeship programs.
3. Deregistration upon Reasonable Cause
a. Deregistration proceedings may be
				undertaken when the apprenticeship program is not conducted, operated, or
				administered in accordance with the program's registered provisions or with the
				requirements of this part, including but not limited to: failure to provide
				on-the-job learning; failure to provide related instruction; failure to pay the
				apprentice a progressively increasing schedule of wages consistent with the
				apprentices skills acquired; or persistent and significant failure to perform
				successfully. Deregistration proceedings for violation of equal opportunity
				requirements must be processed in accordance with the provisions under 29 CFR
				Part 30 and Title 40, Chapter 5.
b.
				For purposes of this Section, persistent and significant failure to perform
				successfully occurs when a program sponsor consistently fails to register at
				least one apprentice, shows a pattern of poor quality assessment results over a
				period of several years, demonstrates an ongoing pattern of very low completion
				rates over a period of several years, or shows no indication of improvement in
				the areas identified by the Apprenticeship Division during a review process as
				requiring corrective action.
c.
				Where it appears the program is not being operated in accordance with the
				registered standards or with requirements of this Part, the Apprenticeship
				Division must notify the program sponsor in writing.
d. The notice sent to the program sponsor's
				contact person must:
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 30 days.
e. Upon request by the sponsor for good
				cause, the 30-day term may be extended for another 30 days. During the period
				for corrective action, the Apprenticeship Division shall assist the sponsor in
				every reasonable way to achieve conformity.
f. If the required correction is not effected
				within the allotted time, the Apprenticeship Division must send a notice to the
				sponsor, by registered or certified mail, return receipt requested, stating the
				following:
i. the notice is sent under this
				Paragraph;
ii. certain deficiencies
				were called to the sponsor's attention (enumerating them and the remedial
				measures requested, with the 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 to remedy them, a determination has been made that there is reasonable
				cause to deregister the program and the program may be deregistered unless,
				within 15 days of the receipt of this notice, the sponsor requests a hearing
				with the applicable Apprenticeship Division; and
iv. if the sponsor does not request a
				hearing, the entire matter will be submitted to the Administrator, Office of
				Apprenticeship, for a decision on the record with respect to
				deregistration.
g. If
				the sponsor does not request a hearing, the Apprenticeship Division will
				transmit to the administrator a report containing all pertinent facts and
				circumstances concerning the non-conformity, including the findings and
				recommendation for deregistration, and copies of all relevant documents and
				records. Statements concerning interviews, meetings and conferences will
				include the time, date, place, and persons present. The administrator will make
				a final order on the basis of the record presented.
h. If the sponsor requests a hearing, the
				Apprenticeship Division will follow the grievance procedures outlined in
				Subsection C of this Section and refer the matter to the executive
				director.
i. If, based upon the
				evidence and testimony presented, the executive director upholds the
				determination of the director of apprenticeship, the decision shall be
				conclusive if no appeal there from is filed within 30 days after the date of
				the order or decision. The sponsor has the right to further appeal the decision
				to the administrator, Office of Apprenticeship. The Apprenticeship Division
				will transmit to the administrator a report containing all the data listed in
				Subparagraph D.3.g of this Section, and 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 CFR §29 . 10, and issue a decision
				as required in 29 CFR §
												29.10 (c).
4. Every order of deregistration
				must contain a provision that the sponsor must, within 15 days of the effective
				date of the order, notify all registered apprentices of the deregistration of
				the program; the effective date thereof; that such cancellation automatically
				deprives the apprentice of individual registration; that the deregistration
				removes the apprentice from coverage for state and federal purposes which
				require the director of apprenticeship's approval of an apprenticeship program;
				and that all apprentices are referred to the Apprenticeship Division for
				information about potential transfer to other registered apprenticeship
				programs.
5. Reinstatement of
				Program Registration. Any apprenticeship program deregistered under this
				Section and 29 CFR §
											29.8 may be reinstated upon presentation of
				adequate evidence that the apprenticeship program is operating in accordance
				with this Part. Such evidence must be presented to the Louisiana Workforce
				Commission, Apprenticeship Division for consideration.
6. No person shall institute any action for
				the enforcement of any apprenticeship agreement, or for damages for the breach
				thereof unless all administrative remedies provided in these rules have first
				been exhausted.