La. Admin. Code tit. 40 § IX-525

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-525 - Sanctions

A. When the Apprenticeship Division, as a result of a compliance review or other reason, determines that there is reasonable cause to believe that an apprenticeship program is not operating in accordance with this plan, and voluntary corrective action has not been taken by the program sponsor, the apprenticeship division shall institute proceedings to deregister the program or it shall refer the matter to the U.S. Department of Labor for referral to the Equal Employment Opportunity Commission or the attorneygGeneral with recommendations for institution of a court action by the attorney general under Title VII of the Civil Rights Act of 1964 ,as amended, or the attorney general for other court action as authorized by law.

B. Deregistration proceedings shall be conducted in accordance with the following procedures.

1. The Apprenticeship Division shall notify the sponsor in writing that a determination of reasonable cause has been made under provisions of §525. A and that the apprenticeship program may be deregistered unless, within 15 days of receipt of the notice, the sponsor requests a hearing. The notification shall specify the facts on which the determination is based.

2. If within 15 days of receipt of the notice provided for in §525. B 1, the sponsor mails a request for hearing, the executive director, Louisiana Workforce Commission, Apprenticeship Division, shall convene a hearing in accordance with §525. C

3. The executive director, Louisiana Workforce Commission, Apprenticeship Division, shall make a final decision on the basis of the records, which shall consist of the compliance review file and other evidence presented, and if a hearing was conducted pursuant §525 C, the proposed findings and recommended decision of the hearing officer. The executive director, Louisiana Workforce Commission, Apprenticeship Division, may allow the sponsor reasonable time to take voluntary corrective action. If the Executive Director's decision is that the apprenticeship program is not operating in accordance with this plan, the apprenticeship program shall be deregistered. In each case in which deregistration is ordered, the executive director shall make public notice of the order and shall notify the sponsor and the complainant, if any, and the U.S. Department of Labor. The apprenticeship division shall inform any sponsor whose program has been deregistered that it may appeal such deregistration to the U.S. Department of Labor in accordance with procedure set forth at 29 CFR 30.15.

C. Hearings. Hearing shall be conducted in accordance with the following procedures.

1. Within 10 days of receipt of a request for a hearing, the executive director, Louisiana Workforce Commission, Apprenticeship Division, shall designate a hearing officer. The hearing officer shall give reasonable notice of such hearing by certified mail, return receipt requested, to the sponsor. Such notice shall include a reasonable time and place of hearing, a statement of the provisions of this plan pursuant to which the hearing is to be held, and a concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken.

2. 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 case, including such cross-examination as may be appropriate in the circumstances. Hearing officers shall make their proposed findings and recommended decisions to the Executive Director upon the basis of the record before them.

La. Admin. Code tit. 40, § IX-525

Promulgated by the Department of Labor, Office of Labor LR 12:438 (July 1986), amended LR 17:356 (April 1991), amended by the Louisiana Workforce Commission, Office of Workforce Development, LR 37:2223 (July 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:381-391.