N.Y. Comp. Codes R. & Regs. tit. 12 § 601.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 601.9 - Voluntary and formal deregistration of registered programs

Deregistration of a program may be effected by: the sponsor's voluntary written request for the cancellation of its registration; the sponsor's failure to register an apprentice within six months of program approval under section 601.4(h) of this Part; the sponsor's failure to register an apprentice within a period of 12 consecutive months under section 601.8(e) of this Part; or formal deregistration proceedings initiated by the commissioner in accordance with the provisions of this Part.

(a) Voluntary deregistration.

(1) The commissioner may cancel the registration of a program upon receipt of a written request from the sponsor.

(2) Sponsor requests for the voluntary cancellation or deregistration of a program shall include the status of all apprentices in the program, arrangements for transferring or terminating the apprentices, and a statement that the apprentices have been notified of the following:

(i) the deregistration/cancellation and the effective date thereof;

(ii) that such cancellation automatically deprives the apprentice of his/her individual registration.

(3) Such deregistration shall become effective upon the department sending an acknowledgment to the sponsor which contains, but is not limited to, the following:

(i) the registration is cancelled at the sponsor's request, and the effective date thereof. If no effective date is stated, the date of the request shall be deemed to be the effective date;

(ii) the sponsor must cooperate with the department's office of apprenticeship training and provide all completed documentation for each apprentice's progress in the apprenticeship program in the event the apprentice seeks transfer or employment in another registered apprenticeship program;

(iii) the deregistration of the program does not require the termination of employment of any apprentice, but the employer must pay prevailing wages where required in accordance with the provisions of articles 8 and 9 of the Labor Law to all their former apprentices on or after the date of deregistration.

(b) Formal deregistration. The commissioner may deregister any program if he/she finds that the sponsor or any signatory has:

(1) violated a Federal or State law;

(2) subverted the program by assigning work generally performed by apprentices to workers such as helpers, shop workers, trainees, or similar classifications;

(3) not conducted, operated, and administered the program in accordance with the provisions of article 23, the requirements of this Part or the terms and conditions of the apprentice training program registration agreement, including, but not limited to:

(i) failing to provide on-the-job training;

(ii) failing to provide related and supplemental instruction;

(iii) failing to pay its apprentice(s) a progressively increasing schedule of wages consistent with the skills acquired;

(iv) demonstrating an ongoing pattern of inadequate or low completion rates when compared to the national average or the department's assessment of completion rates as described in section 601.8(c)(1)(iv)(b) of this Part; or

(v) showing no substantial improvement in the areas previously identified by the department during monitoring as requiring corrective action;

(4) made a false or misleading statement in connection with the material elements of the program, or is not a person of good character and responsibility;

(5) failed to provide a safe working environment; or

(6) was debarred from bidding on public contracts in the State of New York.

(c) Procedure for formal deregistration.

(1) Where it appears that sufficient cause exists for deregistration, the commissioner shall send a notice to the sponsor by certified mail, return receipt requested, stating the following:

(i) the notice is sent pursuant to this section. Where warranted, the notice may include an opportunity for the sponsor to undertake corrective action upon such terms and conditions as may apply;

(ii) the ground or grounds on which it is proposed to deregister the program;

(iii) that the program will be deregistered unless, within 10 calendar days of the receipt of this notice, the sponsor files a written request for a hearing with the commissioner.

(2) If the sponsor requests a hearing, the commissioner shall convene a hearing and issue his/her determination in accordance with section 601.11 of this Part.

(3) In each case in which formal deregistration is ordered, the commissioner shall notify the sponsor and post a notice of the order on the department's website. In addition, the commissioner shall promptly notify all registered apprentices of the deregistration of the program; the effective date thereof; that such cancellation automatically deprives the apprentice of his/her individual registration; and the name and address of the regional apprenticeship training office which may provide information about potential transfers.

(4) Deregistration proceedings for the violation of equal opportunity requirements shall be processed in accordance with the provisions of section 600.14 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 601.9