12- 181 C.M.R. ch. 2, § 13 - Equal employment opportunity compliance reviews

a. Conduct of compliance reviews. The Maine Apprenticeship Program will regularly conduct EEO compliance reviews to determine if the sponsor maintains compliance with this part, and will also conduct EEO compliance reviews when circumstances so warrant. An EEO compliance review may consist of, but is not limited to, comprehensive analyses and evaluations of each aspect of the apprenticeship program through off-site reviews, such as desk audits of records submitted to the Maine Apprenticeship Program, and on-site reviews conducted at the sponsor's establishment that may involve examination of records required under this part; inspection and copying of documents related to recordkeeping requirements of this part; and interviews with employees, apprentices, journey workers, supervisors, managers, and hiring officials.

b. Notification of compliance review findings. Within 45 business days of completing an EEO compliance review, the Maine Apprenticeship Program must present a written Notice of Compliance Review Findings to the sponsor's contact person through registered or certified mail, with return receipt requested. If the compliance review indicates a failure to comply with this part, the Maine Apprenticeship Program will so inform the sponsor in the Notice and will set forth in the Notice the following:

1. The deficiency(ies) identified;

2. How to remedy the deficiency(ies);

3. The timeframe within which the deficiency(ies) must be corrected; and

4. Enforcement actions may be undertaken if compliance is not achieved within the required timeframe.

c. Compliance.

1. When a sponsor receives a Notice of Compliance Review Findings that indicates a failure to comply with this part, the sponsor must, within 30 business days of notification, either implement a compliance action plan and notify the Maine Apprenticeship Program of that plan or submit a written rebuttal to the Findings. Sponsors may also seek to extend this deadline one time by up to 30 days for good cause shown. If the Registration Agency upholds the Notice after receiving a written response, the sponsor must implement a compliance action plan within 30 days of receiving the notice from the Maine Apprenticeship Program upholding its Findings. The compliance action plan must include, but is not limited to, the following provisions:

i. A specific commitment, in writing, to correct or remediate identified deficiency(ies) and area(s) of noncompliance;

ii. The precise actions to be taken for each deficiency identified;

iii. The time period within which the cited deficiency(ies) will be remedied and any corrective program changes implemented; and

iv. The name of the individual(s) responsible for correcting each deficiency identified.

2. Upon the Maine Apprenticeship Program's approval of the compliance action plan, the sponsor may be considered in compliance with this part provided that the compliance action plan is implemented

d. Enforcement actions. Any sponsor that fails to implement its compliance action plan within the specified timeframes may be subject to an enforcement action under section 2.15 of this Chapter.

Notes

12- 181 C.M.R. ch. 2, § 13