12-181 C.M.R. ch. 3, § 1.7 - Decertification of a Certified Pre-Apprenticeship Program

The Maine Apprenticeship Program may decertify a pre-apprenticeship training program upon a finding of reasonable cause or by request of the program. Formal decertification proceedings will be conducted in accordance with the-provisions of this regulation.

A. Request by Memorandum of Agreement Signatory. The Maine Apprenticeship Program may cancel the certification of a pre-apprenticeship program by a written acknowledgment of such request stating, but not limited to, the following:

1. The certification of a pre-apprenticeship training program is canceled at the request of a signatory pre-apprenticeship sponsor and/or education provider who has signed the Memorandum of Agreement, and giving the effective date of such cancellation; and

2. That, within 15 workdays of the date of the acknowledgment, the certified pre-apprenticeship sponsor must notify all pre-apprentices of such cancellation and the effective date; that such cancellation automatically deprives the pre-apprentice of his/her individual registration.

B. Decertification by the Maine Apprenticeship Program

1. Decertification proceedings may be undertaken when the certified pre-apprenticeship program is not conducted, operated, or administered in accordance with the certified pre-apprenticeship Memorandum of Agreement or the requirements of Title 26 Chapter 37 or this regulation.

2. Where it appears the program is not being operated in accordance with the registered standards or with requirements of Title 26 Chapter 37 or this regulation, the Maine Apprenticeship Program shall so notify the council and the parties outlined in the Memorandum of Agreement in writing.

3. The notice shall be sent by registered or certified mail to the parties outlined in the Memorandum of Agreement, return receipt requested, shall state the deficiency(s) and remedy(s) required and shall state that the program will be decertified for cause unless the corrective action is taken within 30 days.

4. Upon request by the certified pre-apprenticeship sponsor or education provider, the 30-day period may be extended for up to an additional 30-day period. During the period for correction the certified pre-apprenticeship sponsor and/or education provider may be assisted in every reasonable way by the Maine Apprenticeship Program.

5. If the required action is not taken within the allotted time, the Maine Apprenticeship Program shall send a notice to the certified pre-apprenticeship sponsor and education provider by registered or certified mail, return receipt requested, stating the following:

a. This notice is sent pursuant to this subsection.

b. That certain deficiencies were called to the pre-apprenticeship sponsor's attention and remedial actions requested.

c. Based upon the stated cause, the program will be decertified unless within 15 workdays of receipt of this notice, the pre-apprenticeship sponsor requests a hearing.

d. If a hearing is not requested by the pre-apprenticeship sponsor, the program will be automatically decertified.

6. If the certified pre-apprenticeship sponsor requests a hearing, the Maine Apprenticeship Program shall convene a hearing in accordance with Section 8 of these regulations.

7. In its discretion, the Maine Apprenticeship Program may allow the certified pre-apprenticeship sponsor a reasonable time to achieve voluntary corrective action. If the Maine Apprenticeship Programs decision is that the certified pre-apprenticeship program is not operating in accordance with the pre-apprenticeship certification requirements and the requirements of Title 26 Chapter 37 and this regulation, the certified pre-apprenticeship program shall be decertified. In each case in which decertification is ordered the Maine Apprenticeship Program shall notify the certified pre-apprenticeship sponsor.

8. Every order of decertification shall contain a provision that the pre-apprenticeship sponsor shall, within 15 workdays of the effective date of the order, notify all registered pre-apprentices of the decertification of the program, the effective date, and that such action automatically deprives the pre-apprentice of his/her individual registration.

Notes

12-181 C.M.R. ch. 3, § 1.7