Deregistration of a program may be effected upon the voluntary
action of the sponsor by a request for cancellation of the registration,
or upon reasonable cause, by the Bureau instituting formal
deregistration proceedings in accordance with the provisions of this
part.
(a) Request by sponsor. The registration officer may cancel the
registration of an apprenticeship program by written acknowledgment of
such request stating, but not limited to, the following matters:
(1) The registration is canceled at sponsor's request, and effective
date thereof;
(2) That, within 15 days of the date of the acknowledgment, the
sponsor shall notify all apprentices of such cancellation and the
effective date; that such cancellation automatically deprives the
apprentice of his/her individual registration; and that the de-
registration of the program removes the apprentice from coverage for
Federal purposes which require the Secretary of
Labor's approval of an apprenticeship program.
(b) Formal deregistration--(1) Reasonable cause. Deregistration
proceedings may be undertaken when the apprenticeship program is not
conducted, operated, and administered in accordance with the registered
provisions or the requirements of this part, except that deregistration
proceedings for violation of equal opportunity requirements shall be
processed in accordance with the provisions under 29 CFR part 30, as
amended;
(2) Where it appears the program is not being operated in accordance
with the registered standards or with requirements of this part, the
registration officer shall so notify the program sponsor in writing;
(3) The notice shall:
(i) Be sent by registered or certified mail, with return receipt
requested;
(ii) State the shortcoming(s) and the remedy required; and
(iii) State that a determination of reasonable cause for
deregistration will be made unless corrective action is effected within
30 days;
(4) Upon request by the sponsor for good cause, the 30-day term may
be extended for another 30 days. During the period for correction, the
sponsor shall be assisted in every reasonable way to achieve conformity;
(5) If the required correction is not effected within the allotted
time, the registration officer shall send a notice to the sponsor, by
registered or certified mail, return receipt requested, stating the
following:
(i) The notice is sent pursuant to this subsection;
(ii) Certain deficiencies (stating them) were called to sponsor's
attention and remedial measures requested, with dates of such occasions
and letters; and that the sponsor has failed or refused to effect
correction;
(iii) Based upon the stated deficiencies and failure of remedy, a
determination of reasonable cause has been made and the program may be
deregistered unless, within 15 days of the receipt of this notice, the
sponsor requests a hearing;
(iv) If a request for a hearing is not made, the entire matter will
be submitted to the Administrator, BAT, for a decision on the record
with respect to deregistration.
(6) If the sponsor has not requested a hearing, the registration
officer shall transmit to the Administrator, BAT, a report containing
all pertinent facts and circumstances concerning the nonconformity,
including the findings and recommendation for deregistration, and copies
of all relevant documents and records. Statements concerning interviews,
meetings and conferences shall include the time, date, place, and
persons present. The Administrator shall make a final order on the basis
of the record before him.
(7) If the sponsor requests a hearing, the registration officer
shall transmit to the Secretary, through the Administrator, a report
containing all the data listed in paragraph (b)(6) of this section. The
Secretary shall convene a hearing in accordance with Sec. 29.9; and
shall make a final decision on the basis of the record before him
including the proposed findings and recommended decision of the hearing
officer.
(8) At his discretion, the Secretary may allow the sponsor a
reasonable time to achieve voluntary corrective action. If the
Secretary's decision is that the apprenticeship program is not operating
in accordance with the registered provisions or requirements of this
part, the apprenticeship program shall be deregistered. In each case in
which reregistration is ordered, the Secretary shall make public notice
of the order and shall notify the sponsor.
(9) Every order of deregistration shall contain a provision that the
sponsor shall, within 15 days of the effective date of the order, notify
all registered apprentices of the deregistration of the program; the
effective date thereof; that such cancellation automatically deprives
the apprentice or his/her individual registration; and that the
deregistration removes the apprentice from coverage for Federal purposes
which require the Secretary of Labor's approval of an apprenticeship
program.
(Approved by the Office of Management and Budget under control number
1205-0223)
[42 FR 10319, Feb. 18, 1977, as amended at 49 FR 18295, Apr. 30, 1984]
