Section 201.1 - Complaints Alleging Violation of Labor Code section 3073.9(a) Any interested person may file a complaint against a program sponsor that alleges noncompliance with Labor Code section 3073.9 or any of its implementing regulations. Upon his or her own initiative, the Administrator may also issue a complaint when there is cause to believe that there is a failure to comply with the requirements of Labor Code section 3073.9 or any of its implementing regulations.(b) All such complaints must be filed within 300 days of the alleged violation, and must contain the information described in Section 201.(c) The Administrator of Apprenticeship or his or her designated representative shall investigate any complaint that alleges noncompliance with Labor Code section 3073.9 or any of its implementing regulations. The Administrator may also hold hearings in connection with the complaint. All investigations and hearings under this section shall be conducted in accordance with Section 202, except that the Administrator may also direct the Chief DAS to conduct an evaluation in accordance with Labor Code section 3073.1. The Administrator shall issue a written order explaining the reasons for directing the Chief to conduct an evaluation.(d) If the Chief DAS has information that a program has failed to comply with the requirements of Labor Code section 3073.9 or any of its implementing regulations, the Chief shall so notify the program in writing by electronic mail, or by mail if the program does not have an electronic mail address on file. The notice shall specify the failure and include any supporting information. The program may submit a response no later than 30 days of service of the notice. The Chief shall consider the response, and if he or she deems the response inadequate, may initiate an evaluation in accordance with Labor Code section 3073.1 and/or deregistration proceeding in accordance with Section 212.4.(e) Nothing in this section shall be construed as limiting the Chief's authority under Labor Code section 3073.1 to conduct evaluations.Cal. Code Regs. Tit. 8, § 201.1
Note: Authority cited: Sections 3071 and 3073.9, Labor Code. Reference: Sections 3073.1, 3073.9, 3081 and 3082, Labor Code.
1. New section filed 2-27-2024; operative 4/1/2024 (Register 2024, No. 9).