Chapter 2. California Apprenticeship Council
Subchapter 1. Apprenticeship
Article 1. Procedures for Investigating, Holding Hearings and Determining Disputes

§201. Filing of Complaints.

(a) Appeals by apprentices from discipline shall be filed in accordance with the procedures under 8 C.C.R. 207.1. Complaints that are not appeals from discipline may be filed by any interested person with the Administrator of Apprenticeship or the Administrator of Apprenticeship upon his/her own initiative may issue a complaint, within the time period specified below, when there is cause to believe that a decision, order or action of an apprenticeship program sponsor has been in violation of its standards or rules or an apprentice agreement and has been unfair or unreasonable; or that there has been a violation of:

(1) Chapter 4, Division 3 of the Labor Code (excluding Section 1777.5 and 3099 et. seq.);

(2) California Code of Regulations, Title 8, Chapter 2, Subchapter 1 (excluding Article 10); or

(3) Equal Opportunity Standards, which shall be filed and conducted in accordance with the State of California Plan for Equal Opportunity Apprenticeship (see title 8, California Code of Regulations, Section 215).

(b) All such complaints shall be filed within thirty days of the alleged violation, except for violations of Equal Opportunity Standards which shall be filed within 180 days.

(c) Complaints filed with, or issued by the Administrator of Apprenticeship shall contain the following:

(1) The full name and address of the party (person, organization, or other party) filing the complaint (hereinafter referred to as the “charging party”).

(2) 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”).

(3) A clear and concise statement of the facts constituting the basis for the complaint.

(4) The signature of the person filing the complaint or an authorized officer or agent in the case of an organization, employer, labor union, apprenticeship program sponsor, or other interested party.

(5) A declaration by the person signing the complaint, under penalties of law, that its contents are true and correct to the best of his/her knowledge and belief.

(d) Upon receipt or issuance of a complaint the Administrator of Apprenticeship shall cause a copy of such complaint to be served upon the respondent(s).

(e) Complaints may be withdrawn only with the consent of the Administrator of Apprenticeship.

Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3081 and 3082, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 5-18-73; effective thirtieth day thereafter (Register 73, No. 20).

2. Amendment of subsection (a) filed 11-3-78; effective thirtieth day thereafter (Register 78, No. 44).

3. Editorial correction of subsection (b) filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

4. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

5. Amendment filed 4-9-90 as an emergency; operative 4-9-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-7-90.

6. Editorial correction restoring section dropped from printing of Register 90, No. 17 (Register 90, No. 42).

7. Reinstatement of section as it existed prior to 4-9-90 emergency amendment filed 5-21-91 pursuant to Government Code section 11346.1(f) 120 days from effective date (Register 91, No. 47).

8. Amendment filed 4-10-92; operative 5-11-2 (Register 92, No. 21).

9. Amendment of subsections (a)(1)-(2) and amendment of Note filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

10. Amendment filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).