7 CCR 1108-1.9 - Policies Regulating the Cancellation and/ or Deregistration of Registered Apprenticeship Programs, and for the Temporary Suspension, Cancellation, and/or Deregistration of Apprenticeship Agreements

A. Deregistration of a registered program.

1. Deregistration at the request of the sponsor. At the sponsor's request of a registered apprenticeship program, the SAA has the authority to deregister an apprenticeship program by giving written notice to the sponsor indicating that:

a. The program is canceled at the sponsor's request or deregistration by the SAA upon reasonable cause and giving the effective date of such action;

b. Within 15 days of the date of acknowledgment, the sponsor will notify all apprentices of such cancellation and the effective date;

c. Such cancellation automatically deprives the apprentice of individual registration;

d. Deregistration of a registered program removes the apprentice from coverage for federal purposes which require the Secretary's approval of an apprenticeship program;

e. Deregistration of a state registered apprenticeship program removes the apprentice from coverage for state purposes which will require approval from the SAA Director; and

f. All apprentices are referred to the SAA for information concerning the deregistration and potential transfer to other registered apprenticeship programs.

2. Deregistration by the SAA upon reasonable cause. The SAA has the authority to deregister an apprenticeship program after a hearing pursuant to this Rule when an apprenticeship program is not conducted, operated, or administered in accordance with the programs' registered provisions or requirements of this plan, or any conditions and rules established by the SAA, including but not limited to:

a. Failure to provide on-the-job learning;

b. Failure to provide related instruction;

c. Failure to pay the apprentice a progressively increasing schedule of wages consistent with the apprentice's skills acquired; or

d. Persistent and significant failure to perform successfully.

3. Persistent and significant failure defined. As it relates to potential cause for deregistration, persistent and significant failure to perform occurs when a program sponsor:

a. Consistently fails to register at least one apprentice

b. Shows a pattern of poor-quality assessment results over a period of several years

c. Demonstrates an ongoing pattern of very low completion rates over a period of several years

d. Shows no indication of improvement in the areas identified by the SAA during a review process as requiring corrective action.

4. Where it appears the program is not being operated in accordance with the registered standards or with the requirements of this section, the SAA must notify in writing of a preliminary notice of involuntary deregistration, by registered or certified mail. The correspondence must:

a. State the shortcoming(s) and the corrective action required

b. State that a determination of reasonable cause for deregistration will be made unless corrective action is taken within thirty (30) calendar days from the date of the notice.

c. The SAA has the authority to extend the period for corrective action for up to thirty (30) additional calendar days for good cause and the SAA shall assist the sponsor in every reasonable way to achieve conformity.

5. If the required correction is not effected within the allotted time, the SAA must send a final written notice, by registered or certified mail, of involuntary deregistration to the sponsor, stating:

a. That the notice is sent under this section;

b. That the deficiency and the remedial action required were called to the sponsor's attention (enumerating them and the remedial measures requested with the dates of such occasions and letters);

c. That the sponsor has failed or refused to affect the correction; and

d. That 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 business days of the receipt of this notice, the sponsor requests a hearing with the SAA.

6. Every order of voluntary or involuntary deregistration must contain a provision that the sponsor must, within 30 calendar days of the effective date of the order:

a. notify all registered apprentices of the deregistration of the program; the effective date thereof; that such cancellation automatically deprives the apprentice of individual registration;

b. that the deregistration removes the apprentice from coverage for Federal purposes which require the Secretary's approval of an apprenticeship program or removes the apprentice from coverage for State purposes which require the SAA's approval, and

c. that all apprentices are referred to the SAA for information about potential transfer to other registered apprenticeship programs.

7. Deregistration proceedings for violation of equal employment opportunity requirements must be processed in accordance with the provisions of the State's Equal Employment Opportunity in Apprenticeship Plan pursuant to Rule 1.6.

B. Reinstatement of apprenticeship programs.

1. An apprenticeship program that has been deregistered pursuant to this Rule may be reinstated by the SAA upon presentation of adequate evidence that the apprenticeship program is operating in accordance with this Rule.

a. No earlier than one (1) year after issuance of the deregistration order;

b. If the SAA determines that the apprenticeship program has an acceptable set of standards and is in compliance with all requirements for registered apprenticeship programs; and

c. If the apprenticeship program is prepared to immediately enroll one or more apprentices.

2. Upon request to the SAA, a sponsor may reverse a voluntary deregistration within six months after its effective date if on that date the SAA had no current grounds to initiate involuntary deregistration proceedings.

C. Hearings for deregistration.

1. The SAA shall conduct hearings for the purpose of resolving compliance issues or deregistration issues with a registered apprenticeship program in conformity with regulations promulgated by the Secretary under the National Apprenticeship Act, 29 U.S.C. 50.

2. The determination of the SAA is a final agency action that is subject to judicial review pursuant to C.R.S. section 24-4-106.

3. Sponsors have the right to appeal the SAA's determination to the OA for a final determination in conformity with regulations promulgated by the Secretary of Labor under the National Apprenticeship Act, 29 U.S.C. 50.

D. Limitations.

1. Nothing in this subpart or in any Apprenticeship Agreement will operate to invalidate:

a. Any apprenticeship provision in any collective bargaining agreement between employers and employees establishing higher apprenticeship standards; or

b. Any special provision for veterans, minority persons, or women in the standards, apprentice qualifications or operation of the program, or in the Apprenticeship Agreement, which is not otherwise prohibited by law, Executive Order, or authorized regulation.

E. Complaints.

1. Complaints related to equal employment opportunity requirements must be submitted, processed and resolved in accordance with the provisions of the State's Equal Employment Opportunity in Apprenticeship Plan, adopted pursuant to 29 CFR Part 30.

2. The SAA Director may promulgate rules to implement grievance procedures for complaints not under the jurisdiction of the United States Equal Employment Opportunity Commission, including complaints concerning apprentices not moving through a registered apprenticeship program in a timely manner and insufficient on-the-job learning or related instruction time.

3. Except for matters related to Equal Employment Opportunity requirements, any controversy or difference arising under an Apprenticeship Agreement which cannot be adjusted locally and which is not covered by a collective bargaining agreement, may be submitted by an apprentice to the SAA which has registered and/or approved the program in which the apprentice is enrolled, for review.

4. Matters covered by a collective bargaining agreement are not subject to such review.

5. The complaint must be in writing and signed by the complainant and must be submitted within 60 days of the final local decision. It must set forth the specific matter(s) complained of, together with relevant facts and circumstances. Copies of pertinent documents and correspondence must accompany the complaint.

6. The SAA will render an opinion within 90 days after receipt of the complaint, based upon such investigation of the matters submitted as may be found necessary, and the record before it. During the 90-day period, the SAA will make reasonable efforts to effect a satisfactory resolution between the parties involved. If so resolved, the parties will be notified that the case is closed. Where an opinion is rendered, copies will be sent to all interested parties.

7. The SAA shall notify all parties of the decision, which shall be a final administrative action.

8. Nothing in this section precludes an apprentice from pursuing any other remedy authorized under another Federal, State, or local law.

Notes

7 CCR 1108-1.9

46 CR 11, June 10, 2023, effective 6/30/2023