(a) Adoption of consistent state plans. (1) The Department shall
encourage State Apprenticeship Councils to adopt and implement the
requirements of this part.
(2) Within 60 days of the effective date of these regulations, each
State Apprenticeship Council shall complete development of a revised
equal opportunity plan which shall be consistent with this part. The
revised State plan shall require all state apprenticeship programs
registered with the State Apprenticeship Council to comply with the
requirements of the revised State plan within 90 days of the effective
date of these regulations. No State Apprenticeship Council shall
continue to be recognized by the Department if it has not adopted within
60 days of the effective date of these regulations a plan implementing
the requirements of this part.
(3) The Department retains authority to conduct compliance reviews
and complaint investigations to determine whether the state plan or any
state apprenticeship program registered with a State Apprenticeship
Council is being administered or operated in accordance with this part.
(4) It shall be the responsibility of the State Apprenticeship
Council to take the necesssary action to bring a noncomplying program
into compliance with the state plan. In the event the State
Apprenticeship Council fails to fulfill this responsibility, the
Secretary may withdraw the recognition for Federal purposes of any or
all state apprenticeship programs, in accordance with the procedures of
deregistration of programs registered by the Department, or refer the
matter to the Equal Employment Opportunity Commission or to the Attorney
General with a recommendation for the institution of a court action
under title VII of the Civil Rights Act of 1964, as amended, or to the
Attorney General for other court actions as authorized by law.
(5) Each State Apprenticeship Council shall notify the Department of
any state apprenticeship program deregistered by it.
(6) Any state apprenticeship program deregistered by a State
Apprenticeship Council for noncompliance with requirements of this part
may, within 15 days of the receipt of a notice of deregistration, appeal
to the Department to set aside the determination of the State
Apprenticeship Council. The Department shall make its determination on
the basis of the record. The Department may grant the state program
sponsor, the State Apprenticeship Council and the complainant(s), if
any, the opportunity to present oral or written argument.
(b) Withdrawal of recognition. (1) Whenever the Department
determines that reasonable cause exists to believe that State
Apprenticeship Council has not adopted or implemented a plan in
accordance with the equal opportunity requirements of this part, it
shall give notice to such State Apprenticeship Council and to
appropriate state sponsors of this determination, stating specifically
wherein the state's plan fails to meet such requirements and that the
Department proposes to withdraw recognition for Federal purposes, from
the State Apprenticeship Council unless within 15 days of the receipt of
the notice, the State Apprenticeship Council complies with the
provisions of this part or mails a request for a hearing to the
Secretary.
(2) If within 15 days of the receipt of the notice provided for in
subparagraph (b)(1) of this section the State Apprenticeship Council
neither complies with the provisions of this part, nor mails a request
for a hearing, the Secretary shall notify the State Apprenticeship
Council of the withdrawal of recognition.
(3) If within 15 days of the receipt of the notice provided for in
subparagraph (b)(1) of this section the State Apprenticeship Council
mails a request for a hearing, the Secretary shall proceed in accordance
with Sec. 30.16.
(4) If a hearing is conducted in accordance with Sec. 30.16, the
Secretary upon receipt of the proposed findings and recommended decision
of the hearing officer shall make a final decision whether the State
Apprenticeship Council has adopted or implemented a plan in accordance
with the equal opportunity requirements of this part.
(5) If the Secretary determines to withdraw recognition, for Federal
purposes, from the State Apprenticeship Council, the Secretary shall
notify the State Apprenticeship Council of this determination. The
Secretary shall also notify the State sponsors that within 30 days of
the receipt of the notice the Department shall cease to recognize, for
Federal purposes, each State apprenticeship program unless the State
program sponsor requests registration with the Department. Such
registration may be granted contingent upon finding that the State
apprenticeship program is operating in accordance with the requirements
of this part.
(6) A State Apprenticeship Council whose recognition has been
withdrawn pursuant to this part may have its recognition reinstated upon
presentation of adequate evidence to the Secretary that it has adopted
and implemented a plan carrying out the equal opportunity requirements
of this part.
(Approved by the Office of Management and Budget under control number
1205-0224)
[43 FR 20760, May 12, 1978, as amended at 49 FR 18295, Apr. 30, 1984]
