Wash. Admin. Code § 296-05-109 - Apprenticeship program compliance reviews and sanctions
(1) The apprenticeship section conducts
reviews as required by
RCW
49.04.030 to determine a
program3s compliance with chapter 49.04 RCW, 29
C.F.R. Parts 29 and 30, and these rules. Compliance reviews consist of a
comprehensive analysis and evaluation, including an on-site visit and
performance review. Compliance reviews may be required for all existing
programs on a regular and comprehensive basis.
(2) Compliance reviews may be conducted when:
(a) The WSATC receives a complaint about a
program that has not been referred to a private review body;
(b) A sponsor seeks to register a new program
or reregister an existing program;
(c) A review is necessary, within the
discretion of the apprenticeship section or the WSATC.
(3) When a compliance review finds a program
is not in compliance with its approved program standards or these rules, the
supervisor of apprenticeship must:
(a) Notify
the program sponsor of the results of the compliance review in writing and
identify steps the program sponsor can make to be in compliance;
(b) Provide a reasonable opportunity for the
program sponsor to correct any deficiencies identified in the compliance
review;
(c) Provide notice of
potential sanctions, if any, for non-compliance.
(4) Sanctions: When a program sponsor has not
taken corrective action to address material deficiencies identified by the
apprenticeship section in a compliance review, and the apprenticeship
supervisor determines the program sponsor refuses to correct deficiencies, the
WSATC must, at the request of the supervisor:
(a) Begin proceedings to cancel the
program3s registration IAW WAC
296-05-200;
(b) Refer the matter to the equal employment
opportunity commission;
(c) Refer
the matter to the attorney general with recommendations for the institution of
a court action under Title VII of the Civil Rights Act of 1964, as amended; or
any other court action as authorized by law.
(5) When a program is provisionally approved,
and the supervisor identifies deficiencies in a performance review, the WSATC
may continue provisional program approval through the first full training term,
or rescind program approval.
Notes
Statutory Authority: RCW 49.04.010, 2001 c 204, and chapter 49.04 RCW. 01-22-055, § 296-05-109, filed 10/31/01, effective 1/17/02.
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