N.Y. Comp. Codes R. & Regs. tit. 12 § 601.13

Current through Register Vol. 46, No. 36, September 4, 2024

Section 601.13 - Complaints

(a) Any person, firm, corporation, association, labor organization, or public contracting entity may file a written complaint alleging that a registered program is not operating in accordance with article 23 of the Labor Law, of any provision of this Part, or with the apprenticeship agreement. The commissioner shall investigate such complaints, and resolve them in accordance with the provisions of this Part.

(b) Any person, firm, corporation, association, labor organization or public contracting entity may file a written complaint alleging discrimination or other equal opportunity violation in connection with a program. Such complaints shall be submitted, processed, and resolved in accordance with the applicable provisions in Part 600 of this Title.

(c) Except for matters covered under subdivision (b) of this section, 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, or his/her authorized representative, to the commissioner for review. Matters covered by a collective bargaining agreement shall be determined in accordance with the terms of that agreement, and are not subject to such review.

(d) A complaint must be submitted in writing and signed by the complainant, or his/her authorized representative. It shall set forth the specific matters complained of, together with all relevant facts and circumstances. Copies of all pertinent documents and correspondence shall accompany the complaint.

(e) The commissioner shall render a determination within 90 days after receipt of a complaint under subdivision (c) of this section, based upon such investigation of the matters submitted as he/she may find necessary. However, the commissioner may extend the 90-day period during the pendency of an investigation of any alleged Labor Law violation by the sponsor. During such 90-day period the commissioner shall make reasonable efforts to effect a satisfactory resolution between the parties involved. If so resolved, the parties shall be notified that the case is closed. If the commissioner determines that sufficient cause does not exist for deregistration, he/she shall dismiss the complaint. If the commissioner determines that sufficient cause exists for deregistration, he/she shall proceed in accordance with section 601.9(c) of this Part. Where a determination is rendered, copies of same shall be sent to all interested parties.

(f) All complaints shall be acknowledged within 10 business days of receipt. The commissioner will conduct such investigation or make referrals of the matters contained in the complaint as necessary in his/her sole discretion. Interested parties will receive such updates on the status of the investigation as are deemed appropriate. Should the investigation not be completed within 90 days, the complainant will be updated on the status of the investigation.

(g) If the commissioner determines that sufficient cause does not exist for deregistration or corrective action, he/she shall dismiss the complaint. If the commissioner determines that sufficient cause exists for deregistration he/she shall proceed in accordance with section 601.9(c) of this Part.

(h) Nothing in this Part shall operate to prohibit an apprentice from electing to institute appropriate court proceedings including relief afforded in accordance with provisions of article 20-C of the Labor Law.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 601.13