Fla. Admin. Code Ann. R. 6A-23.006 - Deregistration of Department Registered Program

Deregistration of a program may be effected either upon the voluntary action of the sponsor by a request for cancellation or upon notice by the Department to the sponsor stating cause and instituting formal deregistration proceedings.

(1) Cancellation by request of the sponsor. The Department may cancel the registration of an apprenticeship program by a written acknowledgement of a request stating, but not limited to, the following:

(a) The registration is canceled at sponsor's request and the effective date; and,

(b) Within fifteen (15) days of the effective date of the acknowledgement, the sponsor must notify all registered apprentices of cancellation and the effective date that will automatically deprive the apprentice of individual registration; that the cancellation removes the apprentice from coverage for federal and state purposes; and that all apprentices will be referred to the Department for information regarding other registered apprenticeship programs.

(2) Deregistration by the Department. Deregistration proceedings shall be conducted as follows:

(a) Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, or administered in accordance with Chapter 6A-23, F.A.C.

(b) When the apprenticeship program is not being operated in accordance with the registered standards or with the requirements of Chapter 6A-23, F.A.C., the Department must notify the program sponsor in writing.

(c) The notice shall be sent by registered or certified mail, return receipt requested, shall state the deficiency(ies) and remedy(ies) required and shall state that the program will be deregistered for cause unless corrective action is taken within thirty (30) calendar days of receipt.

(d) Upon request by the sponsor, the 30-day term may be extended for another thirty (30) days. During the period for corrective action, the Department must assist the sponsor in every reasonable way to achieve conformity.

(e) If the required action is not taken within the allotted time, the Department shall send a notice to the sponsor by registered or certified mail, return receipt requested, stating the following:

1. This notice is sent pursuant to this subsection;

2. The sponsor was advised of certain deficiencies (enumerating them and the remedial measures requested, with the dates of such occasions and letters), and has failed or refused to effect correction;

3. Based upon the stated deficiency(ies) and failure to remedy, a determination has been made that there is cause to deregister the program, and the program may be deregistered unless within fifteen (15) days of the receipt of this notice, the Department receives a request for hearing from the sponsor;

4. If a hearing is not requested by the sponsor, the entire matter will be submitted to the Administrator of the U.S. Office of Apprenticeship, for a decision on the record with respect to deregistration.

5. If requested, the sponsor may seek an administrative hearing in accordance with the provisions of Chapter 120, F.S.

(f) The Department shall transmit to the Administrator of the U.S. Office of Apprenticeship all documents and information relating to the deregistration proceedings.

(g) Every order of deregistration must contain a provision that the sponsor must, within fifteen (15) days of the effective date of the deregistration order, notify all registered apprentices of the deregistration and the effective date thereof that will automatically deprive the apprentice of individual registration; that the deregistration removes the apprentice from coverage for federal and state purposes; and that all apprentices will be referred to the Department for information regarding other registered apprenticeship programs.

Notes

Fla. Admin. Code Ann. R. 6A-23.006

Rulemaking Authority 446.032, 446.041(13) FS. Law Implemented 446.032, 446.041, 446.051, 446.075 FS.

New 6-9-81, Formerly 38C-16.06, 38C-16.006, RSA 38H-16.006, Amended 3-29-11, Amended by Florida Register Volume 45, Number 113, June 11, 2019 effective 6/25/2019.

New 6-9-81, Formerly 38C-16.06, 38C-16.006, 38H-16.006, Amended 3-29-11, 6-25-19.