Ohio Admin. Code 5101:11-8-01 - Response to findings of non-compliance
(A)
Internal records.
The council office will provide each member of the apprenticeship council, with
a copy of: the relevant case record; the notice of compliance findings
described in paragraph (A) of rule
5101:11-7-03
of the Administrative Code; and the notice of enforcement proceedings described
in paragraph (B) of this rule.
(B)
Notice to
affected parties. The council office will issue a written notice of enforcement
proceedings to the sponsor by registered or certified mail, return receipt
requested. A copy of the pertinent notice of compliance findings will be
enclosed. These materials will also be provided at the same time to the
complainant(s) involved, if any, by such means as the council office deems
appropriate. The notice of enforcement proceedings are to state the
following:
(1)
That the notice is sent pursuant to this
rule;
(2)
That the sponsor was informed of the rule violation(s)
described in the enclosed notice of compliance findings, and that the sponsor
has failed to effect remediation in the time allowed;
(3)
That within
fifteen days of receipt of this notice, the sponsor may request a hearing
pursuant to rule 5101:11-8-02 of the Administrative Code, in order to challenge
the accuracy of the stated findings; and
(4)
That due to the
stated violation(s) and failure of remedy, if the request for a hearing is not
made or if a hearing occurs that fails to disprove the findings, the council
office will make a determination with respect to de-registration, in accordance
with paragraphs (C) to (E) of this rule.
(C)
Enforcement
action. The following steps need to be taken pursuant to any notice of
enforcement proceedings:
(1)
The council office will receive a recommendation of
enforcement, pursuant to the process described in paragraph (C)(2) of this
rule. The recommendation is to include:
(a)
Citation of the
respective notice of enforcement proceedings;
(b)
A copy of all
relevant documentation obtained by the recommending party subsequent to the
notice, including where applicable a hearing record; and
(c)
For each rule
alleged to have been violated, a recommendation for one and only one of the
enforcement options listed in paragraph (C)(3) of this rule.
(2)
With
the exception described in this paragraph, the council will make the
recommendation of enforcement on the basis of the record before it. The
exception is that in cases involving non-compliance with equal employment
opportunity (EEO) rules, the recommendation will be made on the same basis by
the chairperson or, if he/she encounters an impediment or a conflict of
interest in doing so, then by his/her designee. In the event that the
chairperson appoints a designee, the latter is to be another council member. If
a hearing occurs pursuant to rule 5101:11-8-02 of the Administrative Code, then
the record on which the recommendation is based, will include the findings and
recommendations of the hearing officer.
(3)
After reviewing
the recommendation of enforcement, and with due consideration of its contents,
the council office will issue a written, dated determination of enforcement
that will state one and only one of the following conclusions, along with
supporting arguments:
(a)
That the program is de-registered effective on the date
of issuance;
(b)
That there are not sufficient grounds for
de-registration, and barring new information to the contrary, the program will
remain registered; or
(c)
That the sponsor may be allowed a reasonable additional
period to correct the designated deficiency(s), such period to be specified as
part of the determination; and that the program will be automatically
de-registered at the end of that period, unless the council office determines
with certainty, based entirely on evidence that the sponsor presents at that
time, that the program has fully remedied the cited
deficiency(s).
(D)
Additional
response to EEO violation. If a notice of compliance findings reports that a
sponsor is not in compliance with EEO requirements, the council office at its
discretion may, in addition to voluntary remediation and/or enforcement action,
refer the matter to one or more of the following agencies, for action based on
their respective legal mandates:
(1)
The equal employment opportunity commission
(EEOC);
(2)
The United States attorney general;
(3)
The department of
labor office of federal contract compliance (OFCCP); and/or
(4)
In cases where
the sponsor is a state agency, the Ohio department of administrative services
equal opportunity division.
(E)
Intimidating or
retaliatory acts.
(1)
The state of Ohio prohibits any intimidation, threat,
coercion, or retaliation by or with the approval of any sponsor or its
employer(s) against any person:
(a)
For the purpose of interfering with any right or
privilege secured by Title VII of the Civil Rights Act of 1964 or by federal
executive order 11246 ( http://www.dol.gov/esa/ofccp/regs/statutes/eo11246.htm
),
(b)
Or because he or she has:
(i)
Made a complaint
under any provision of division 5101:11 of the Administrative Code;
or
(ii)
Testified, assisted, furnished information to, or
participated in any manner in a compliance review, investigation, proceeding,
or hearing under division 5101:11 of the Administrative Code;
or
(iii)
Opposed a practice prohibited by division 5101:11 of
the Administrative Code or any other federal or state equal opportunity
law.
(2)
Any such act by a sponsor or employer will be
considered noncompliance with rules under division 5101:11 of the
Administrative Code, and will be addressed as prescribed under Chapter
5101:11-8 of the Administrative Code for any other case of noncompliance.
Replaces: Parts of rules 5101:11-7-01 and 5101:11-6-03
Notes
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03, 4139.05
Prior Effective Dates: 10/08/1971, 10/13/1978, 06/20/1979, 11/23/1998, 03/22/2004, 06/06/2009, 08/07/2014
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