The recognition for Federal purposes of a State Apprenticeship
Agency or State Apprenticeship Council (hereinafter designated
respondent), may be withdrawn for the failure to fulfill, or operate in
conformity with, the requirements of this part. Derecognition
proceedings for reasonable cause shall be instituted in accordance with
the following:
(a) Derecognition proceedings for failure to adopt or properly
enforce a State Plan for Equal Employment Opportunity in Apprenticeship
shall be processed in accordance with the procedures prescribed in 29
CFR 30.15.
(b) For causes other than those under paragraph (a) above, the
Bureau shall notify the respondent and appropriate State sponsors in
writing, by certified mail, with return receipt requested. The notice
shall set forth the following:
(1) That reasonable cause exists to believe that the respondent has
failed to fulfill or operate in conformity with the requirements of this
part;
(2) The specific areas of nonconformity;
(3) The needed remedial measures; and
(4) That the Bureau proposes to withdraw recognition for Federal
purposes unless corrective action is taken, or a hearing request mailed,
within 30 days of the receipt of the notice.
(c) If, within the 30-day period, respondent:
(1) Complies with the requirements, the Bureau shall so notify the
respondent and State sponsors, and the case shall be closed;
(2) Fails to comply or to request a hearing, the Bureau shall decide
whether recognition should be withdrawn. If the decision is in the
affirmative, the Administrator shall forward all pertinent data to the
Secretary, together with the findings and recommendation. The Secretary
shall make the final decision, based upon the record before him.
(3) Requests a hearing, the Administrator shall forward the request
to the Secretary, and the procedures under Sec. 29.9 shall be followed,
with notice thereof to the State apprenticeship sponsors.
(d) If the Secretary determines to withdraw recognition for Federal
purposes, he shall notify the respondent and the State sponsors of such
withdrawal and effect public notice of such withdrawal. The notice to
the sponsors shall state that, 30 days after the date of the Secretary's
order withdrawing recognition of the State agency, the Department shall
cease to recognize, for Federal purposes, each apprenticeship program
registered with the State agency unless, within that time, the State
sponsor requests registration with the Bureau. The Bureau may grant the
request for registration contingent upon its finding that the State
apprenticeship program is operating in accordance with the requirements
of this part and of 29 CFR part 30, as amended. The Bureau shall make a
finding on this issue within 30 days of receipt of the request. If the
finding is in the negative, the State sponsor shall be notified in
writing that the contingent Bureau registration has been revoked. If the
finding is in the affirmative, the State sponsor shall be notified in
writing that the contingent Bureau registration is made permanent.
(e) If the sponsor fails to request Bureau registration, or upon a
finding of noncompliance pursuant to a contingent Bureau registration,
the written notice to such State sponsor shall further advise the
recipient that any actions or benefits applicable to recognition for
Federal purposes are no longer available to participants in its
apprenticeship program.
(f) Such notice shall also direct the State sponsor to notify,
within 15 days, all its registered apprentices of the withdrawal of
recognition for Federal purposes; the effective date thereof; and that
such withdrawal removes the apprentice from coverage under any Federal
provision applicable to his/her individual registration under a program
recognized or registered by the Secretary of Labor for Federal purposes.
(g) A State Apprenticeship Agency or Council whose recognition has
been withdrawn pursuant to this part may have its recognition reinstated
upon presentation of adequate evidence that it has fulfilled, and is
operating in accordance with, the requirements of this part.
(Approved by the Office of Management and Budget under control number
1205-0223)
[42 FR 10139, Feb. 18, 1977, as amended at 49 FR 18295, Apr. 30, 1984]
