(a) An apprentice who contests a program sponsor's request for termination may file an appeal with the Administrator of Apprenticeship.
(1) Any appeal must be filed within 30 days from written notice of the action of the Committee, and shall contain:
(A) The full name and address of the apprentice filing the complaint (hereinafter referred to as the “complainant”).
(B) The full name and address of the party (person, organization, or other party) against whom the complaint is made (hereinafter referred to as the “respondent”).
(C) A clear and concise statement of the facts constituting the basis for the complaint and the specific section of the Standards, or Program Rules that the apprentice contends have been violated.
(D) The signature of the person filing the complaint.
(E) A declaration by the person signing the complaint, under penalty of perjury, that its contents are true and correct to the best of his/her knowledge and belief.
(2) Upon receipt of an appeal, the Administrator of Apprenticeship shall cause a copy of such complaint to be served upon the respondent(s).
(3) Respondent shall have 30 days to provide the Administrator with evidence that it had good and sufficient reason for terminating the agreement and that it followed its standards and rules in disciplining the apprentice. Respondent shall also provide a copy of the minutes of the appeal hearing which considered the action by the program.
(4) After reviewing the complaint and the evidence provided, the Administrator shall have discretion to investigate the complaint further and may hold a hearing to allow the parties to present argument, either orally or in writing. The Administrator may also allow the parties to present evidence and in such case any hearing shall be in accordance with the procedures set out in 201(b) and (c)
(b) An apprentice who contests a program sponsor's imposition of discipline short of termination may file an appeal with the Administrator following the same procedure set forth in (a) above and the appeal shall be considered in the same manner as set forth in (a) above for appeals from requests for termination.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3081 and 3082, Labor Code.
1. New section filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).