(A)Within ten days of receiving a request for a hearing under rule 5101:11-7-01 of the Administrative Code, the state apprenticeship agency (SAA) shall designate a hearing officer, with the exception that in cases involving equal opportunity (EEO) non-compliance, the chairperson or his/her designee will, in place of the SAA, select a hearing officer. The hearing officer shall give reasonable notice of such hearing by registered mail, return receipt requested, to the appropriate sponsor. Such notice shall include the following:

(1)A reasonable time and place of hearing;

(2)A statement of the provision(s) of division 5101:11 of the Administrative Code with which the program is alleged not to comply; and

(3)A concise statement of alleged instance(s) of non-compliance based on which the current de-registration proceedings were initiated.

(B)The hearing officer shall regulate the course of the hearing. Hearings shall be informally conducted. Every party shall have the right to counsel, and a fair opportunity to present his/her case, including such cross-examination as may be appropriate in the circumstances. The hearing officer shall develop findings and a recommended decision, on the basis of the record of the hearing and any record(s) available to the parties at the time of the hearing, and will present these within thirty calendar days of the conclusion of the hearing to the person(s) responsible for issuing a final decision.

(C)The council office shall inform the sponsor of any program de-registered for EEO violations, that it may appeal such de-registration to the office of apprenticeship in accordance with the procedures of 29 C.F.R. 30.15 ("equal employment opportunity in apprenticeship and training"), and that any request for such appeal must be submitted to the council office, which will forward same to the office of apprenticeship.

Replaces: 5101:11-6-02