Md. Code Regs. 09.12.43.16

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.43.16 - Formal Deregistration

A. Reasonable Cause. Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, and administered in accordance with the registered provisions or the requirements of this chapter. Deregistration proceedings for violation of equal opportunity requirements are processed in accordance with the provisions of COMAR 09.12.42.

B. Voluntary Correction.

(1) In its discretion, the Council may allow the sponsor a reasonable time to achieve voluntary corrective action.

(2) If, after the time allowed by the Council, the apprenticeship program is not operating in accordance with the registered provisions or requirements, the apprenticeship program shall be deregistered.

C. Notice of Violations.

(1) When there is evidence a program is not being operated in accordance with the registered standards, the Council shall notify the program sponsor in writing.

(2) The notice shall be sent by certified mail with return receipt requested and shall state:

(a) The violations;

(b) The remedy required; and

(c) That a determination of reasonable cause for deregistration will be made unless corrective action is taken within 30 days.

D. Extension.

(1) Upon request by the sponsor for cause, the 30-day term may be extended for another 30 to 60 days, as the Council considers reasonable.

(2) During the period for correction, the sponsor shall be assisted in every reasonable way to achieve conformity.

E. Failure to Correct. If the required correction is not carried out within the allotted time, the Council shall issue a notice to the sponsor by certified mail, return receipt requested, which specifies:

(1) That notice is being sent under this subsection;

(2) That the sponsor has failed or refused to correct certain deficiencies and requested remedial measures;

(3) The date of the occasions and letters; and

(4) That based on the stated deficiencies and failure of remedy, a determination of reasonable cause has been made and the program may be deregistered, unless, within 15 days of the receipt of the notice, the sponsor requests a hearing.

F. If a sponsor does not request a hearing under §E(4) of this regulation, the:

(1) Director shall transmit to the Council a report containing:

(a) Pertinent facts and circumstances concerning the nonconformity, including findings and recommendation for deregistration,

(b) A copy of relevant documents and records, and

(c) A statement concerning any interview, meeting, or conference, including the time, date, place, and persons present; and

(2) Council shall make a final order on the basis of the record before them.

G. Request for Hearing.

(1) If the sponsor requests a hearing within the time period in §E(4) of this regulation:

(a) The Director shall submit a report containing the data listed in §F(1) of this regulation to the Office of Administrative Hearings;

(b) The Council shall request that the Office of Administrative Hearings convene a hearing in accordance with Regulation .19 of this chapter; and

(c) An administrative law judge shall conduct the deregistration hearing and submit proposed findings of fact and recommended decisions in writing to the Council.

(2) The Council shall make a final decision on the basis of the record before it.

H. Notice of Deregistration. In each case in which deregistration is ordered, the Council shall:

(1) Give public notice of the order; and

(2) Notify:

(a) The sponsor,

(b) All registered apprentices participating in the program, and

(c) All federal, State, and local agencies involved.

I. The order of deregistration shall contain a provision that the sponsor, within 15 days of the effective date of the order, shall notify all registered apprentices:

(1) Of the deregistration of the program;

(2) Of the effective date;

(3) That the cancellation automatically deprives the apprentice of individual registration; and

(4) That the deregistration removes the apprentice from coverage for State and federal purposes.

Md. Code Regs. 09.12.43.16

Regulations .16 adopted effective March 22, 1999 (26:6 Md. R. 484)