Upon expiration of the time allowed for
corrective action in response to a complaint or compliance review finding, or
upon issuance of a notice of findings where such allowance is not made, the
following steps need to be taken:
(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) through (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
Effective: 10/1/2020
Five Year Review (FYR) Dates: 10/01/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 09/14/2020
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