N.Y. Comp. Codes R. & Regs. tit. 12 § 600.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 600.14 - Sanctions

(a) Where the commissioner, as a result of a compliance review pursuant to section 600.10 of this Part, or other reason, determines that there is reasonable cause to believe that an apprenticeship program is not operating in accordance with this Part and voluntary corrective action has not been taken by the program sponsor, the commissioner may institute proceedings to deregister the program or refer the matter to the State Division of Human Rights or to the State Attorney General for appropriate action.

(b) Deregistration proceedings shall be conducted in accordance with the following procedures:

(1) The commissioner shall notify the sponsor, in writing, that a determination of reasonable cause has been made under subdivision (a) of this section and that the apprenticeship program will 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 10 days of the receipt of the notice provided for in paragraph (1) of this subdivision, the sponsor mails a request for a hearing, the commissioner shall convene a hearing in accordance with subdivision (c) of this section.

(3) The commissioner shall make a final decision on the basis of the record before him, which shall consist of the compliance review file and other evidence presented and, if a hearing was conducted pursuant to subdivision (c) of this section, the proposed findings and recommended decision of the hearing officer. In his discretion, the commissioner may allow the sponsor a reasonable time to achieve voluntary corrective action. If the commissioner's decision is that the apprenticeship program is not operating in accordance with this plan, the apprenticeship program shall be deregistered. In each case in which deregistration is ordered, the commissioner shall publish promptly in the State Bulletin a notice of the order and shall notify the sponsor and the complainant, if any, and the U.S. Department of Labor. The commissioner shall inform any sponsor whose program has been deregistered that it may appeal such deregistration to the U.S. Department of Labor in accordance with the procedures of 29 CFR 30.15 or to the courts in a proceeding under article 78 of the Civil Practice Law and Rules of the State of New York.

(4) If the State Division of Human Rights, after a hearing, finds the existence of discrimination in connection with a program, the commissioner may, on the basis of such findings, terminate the registration of such program.

(c) Hearings.

(1) Upon receipt of a request for a hearing, the commissioner shall request the chairman of the Apprenticeship Council to designate a panel from the members of the Apprenticeship Council to conduct such hearing. The commissioner may, at the request of the chairman designate an attorney of the agency to preside at the hearing, but such attorney shall not participate in the making of the report and recommendations of the panel. The panel shall be composed of an equal number of representatives of employers and of employee organizations, and also may include the chairman. Reasonable notice of the hearing shall be given by registered mail, return receipt requested, to the appropriate sponsor and the complainant, if any. Such notice shall include a reasonable time and place of hearing, a statement of the provisions of this Part pursuant to which the hearing is to be held, and a concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken.

(2) Hearings shall be conducted informally and a record made of the sworn testimony. The complainant and every party to the proceeding shall have the right to counsel, and a full opportunity to be heard, including such cross-examination as may be appropriate in the circumstances. The hearing panel shall, on the basis of the record made in the proceeding, submit its report and recommendations to the commissioner, who after reviewing such record, report and recommendations, shall issue his determination within 30 days after receipt of the hearing panel's report.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 600.14