Cal. Code Regs. Tit. 8, § 207.1 - Appeals from Requests to Terminate Apprentice Agreements and from Apprentice Discipline
(a)
An apprentice who contests a program sponsor's request for termination may file
an appeal with the Administrator of Apprenticeship.
(1) Any appeal must be filed within 30 days
from written notice of the action of the Committee, and shall contain:
(A) The full name and address of the
apprentice filing the complaint (hereinafter referred to as the
"complainant").
(B) The full name
and address of the party (person, organization, or other party) against whom
the complaint is made (hereinafter referred to as the "respondent").
(C) A clear and concise statement of the
facts constituting the basis for the complaint and the specific section of the
Standards, or Program Rules that the apprentice contends have been
violated.
(D) The signature of the
person filing the complaint.
(E) A
declaration by the person signing the complaint, under penalty of perjury, that
its contents are true and correct to the best of his/her knowledge and
belief.
(2) Upon receipt
of an appeal, the Administrator of Apprenticeship shall cause a copy of such
complaint to be served upon the respondent(s).
(3) Respondent shall have 30 days to provide
the Administrator with evidence that it had good and sufficient reason for
terminating the agreement and that it followed its standards and rules in
disciplining the apprentice. Respondent shall also provide a copy of the
minutes of the appeal hearing which considered the action by the
program.
(4) After reviewing the
complaint and the evidence provided, the Administrator shall have discretion to
investigate the complaint further and may hold a hearing to allow the parties
to present argument, either orally or in writing. The Administrator may also
allow the parties to present evidence and in such case any hearing shall be in
accordance with the procedures set out in 201(b) and (c)
(b) An apprentice who contests a program
sponsor's imposition of discipline short of termination may file an appeal with
the Administrator following the same procedure set forth in (a) above and the
appeal shall be considered in the same manner as set forth in (a) above for
appeals from requests for termination.
Notes
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3081 and 3082, Labor Code.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.