Section 296-05-321. Apprenticeship agreement—Cancellation.

The supervisor may recommend that an agreement and program be canceled when a program does not comply with these rules or the program's standards. The procedures for cancellation are as follows:

(1) When any program is found to be operating inconsistently or contrary to these rules or its established program standards, the supervisor must notify the offending committee, person, firm or agency of the violation(s).

(2) The offending committee, firm, or agency has sixty calendar days to correct the violation(s).

(3) If the supervisor does not receive notice, within sixty calendar days, that action has been taken to correct the violations, the supervisor may recommend cancellation of the apprenticeship or training program and agreement to the WSATC.

(4) A recommendation to cancel a program must be in writing, addressed to each WSATC member, and detail the reasons for the recommendation.

(5) A copy of the recommendation, along with a notice that the WSATC will consider the recommendation, must be mailed to the last known address of each member of the committee administering said program, or to those persons responsible for the program.

(6) The WSATC must consider the recommendation at its next regularly scheduled quarterly meeting. However, at least thirty calendar days must pass between the date of the recommendation and the date of the regular quarterly meeting. If thirty calendar days have not passed, the recommendation must be considered at the subsequent regular quarterly meeting.

(7) At the regular quarterly meeting, all interested person(s) may present evidence or testimony regarding the recommendation.

(8) The WSATC must act on the recommendation by a majority vote of the members present and voting.

(9) Once the WSATC has voted, it must give written notification of its decision to all interested parties along with the reasons supporting it.

(10) The cancellation of any program or agreement automatically cancels any agreement(s) registered under them. However, any organization or firm not responsible for the violations that caused the cancellation may petition the WSATC for approval of the canceled agreement or program as a new program.

(11) An apprenticeship program disputing a notice of involuntary cancellation for federal purposes may obtain an administrative hearing from the U.S. Department of Labor by filing a written request for a hearing.

(a) The request for a federal hearing must be filed within fifteen days from the date of the mailing of the notices of involuntary cancellation sent by the department to the apprenticeship program, as provided by 29 C.F.R. 29.8(b)(5). The request for a federal hearing must identify the apprenticeship program and contain a brief description of the reason why the program believes it should not be involuntarily canceled for federal purposes. The written request for a federal hearing must be sent:

(i) If by mail, to:

Apprenticeship Section

Washington State Department of Labor and Industries

P.O. Box 44530

Olympia, WA 98504-4530;

(ii) If by physical delivery, to:

Apprenticeship Section

Washington State Department of Labor and Industries

7273 Linderson Way S.W.

Tumwater, WA 98501-5414;

(iii) If by facsimile (fax), to 360-902-4248; and

(iv) If by e-mail, to [e-mail].

"Filing" or "filed" for purposes of this subsection means actual receipt by the department during regular office hours.

(b) The department must promptly forward the sponsor's request for a federal administrative hearing to the U.S. Department of Labor, Office of Apprenticeship and notify the sponsor that it has done so.

(c) The federal administrative hearing regarding the proposed involuntary cancellation of an apprenticeship program for federal purposes is governed by the provisions of 29 C.F.R. 29.8(b) and by such other federal regulations as deemed applicable by the secretary of the U.S. Department of Labor.

(12) Outcomes of administrative proceedings and appeals under state law only affect the registration status of the program for Washington purposes and projects. Outcomes of administrative proceedings and appeals under federal law only affect the registration status of the program for federal purposes and projects.

[Statutory Authority: Chapter 49.04 RCW, RCW 19.285.040, and 29 C.F.R., Part 29. WSR 14-23-065, § 296-05-321, filed 11/18/14, effective 12/19/14. Statutory Authority: Chapter 49.04 RCW and RCW 19.285.040. WSR 11-11-002, § 296-05-321, filed 5/4/11, effective 7/25/11. Statutory Authority: RCW 49.04.010, 2001 c 204, and chapter 49.04 RCW. WSR 01-22-055, § 296-05-321, filed 10/31/01, effective 1/17/02.]

Chapter 49.04 RCW, RCW 19.285.040, and 29 C.F.R., Part 29. WSR 14-23-065, § 296-05-321, filed 11/18/14, effective 12/19/14. Statutory Authority: Chapter 49.04 RCW and RCW 19.285.040. WSR 11-11-002, § 296-05-321, filed 5/4/11, effective 7/25/11. Statutory Authority: RCW 49.04.010, 2001 c 204, and chapter 49.04 RCW. WSR 01-22-055, § 296-05-321, filed 10/31/01, effective 1/17/02.

Rules

360-902-4248,