Md. Code Regs. 09.12.42.12

Current through Register Vol. 51, No. 25, December 13, 2024

Section 09.12.42.12 - Sanctions

A. When the Council, as a result of a compliance review or other reason, determines that there is reasonable cause to believe that an apprenticeship program is not operating in accordance with this chapter and voluntary corrective action has not been taken by the program sponsor, the Council shall institute proceedings to deregister the program or it shall refer the matter to the Attorney General for the institution of a court action as authorized by law.

B. The Council delegates to the Office of Administrative Hearings the authority to conduct deregistration hearings and submit in writing to the Council proposed findings of fact and recommended decisions.

C. Deregistration proceedings shall be conducted in accordance with the following procedures:

(1) The Council shall notify the sponsor, in writing, that a determination of reasonable cause has been made under §A of this regulation and that the apprenticeship program may be deregistered unless, within 15 days of the receipt of the notice, the sponsor requests a hearing. The notification shall specify the facts on which the determination is based.

(2) If, within 15 days of the receipt of the notice provided for in §B(1) of this regulation, the sponsor mails a request for a hearing, the Council shall request that the Office of Administrative Hearings convene a hearing in accordance with Regulation .14 of this chapter.

(3) The Council shall make a final decision on the basis of the record, which shall consist of the compliance review file and other evidence presented and, if a hearing was conducted pursuant to Regulation .14 of this chapter, the proposed findings and recommended decision of the administrative law judge. The Council may allow the sponsor a reasonable time to achieve voluntary corrective action. If, after any time allowed by the Council in its discretion for voluntary corrective action, the Council's decision is that the apprenticeship program is not operating in accordance with these regulations, the apprenticeship program shall be deregistered. In each case in which deregistration is ordered, the Council shall make public notice of the order and shall notify the sponsor and the complainant, if any, and the U.S. Department of Labor.

Md. Code Regs. 09.12.42.12