A. Complaints Concerning the Arizona Apprenticeship Program.
1. Each Sponsor or Apprenticeship Committee shall ensure that Complaint procedures are provided to the Department regarding noncompliance with or any matter concerning:
- a. The standards of the Arizona Apprenticeship Program identified in the written plan under R6-2-402(C)(1);
- b. An Apprenticeship Agreement; or
- c. Federal or state laws or regulations, or a Sponsor’s or Apprenticeship Committee’s administrative policies.
- 2. A Complaint shall be in writing and signed by the Complainant or the Complainant’s Authorized Representative. The Complaint shall set forth the specific matter or matters complained of, together with relevant facts and circumstances.
- 3. An Apprentice who has a Complaint about an Arizona Apprenticeship Program not covered by a Collective Bargaining Agreement shall seek Informal Resolution with the Sponsor or Apprenticeship Committee under the Sponsor’s or Apprenticeship Committee’s Complaint procedures.
- 4. An Apprentice who has a Complaint about an Arizona Apprenticeship Program that is covered by a Collective Bargaining Agreement shall follow the standards in the Collective Bargaining Agreement.
- 5. If a Complaint is unable to be resolved through Informal Resolution or a Collective Bargaining Agreement, an Apprentice or an Apprentice’s Authorized Representative may submit a written Complaint to the Department within 60 calendar days of the final decision provided during Informal Resolution or Collective Bargaining Agreement, as required under 29 CFR 29.12.
6. The Department shall review each Complaint and any supporting documentation and may propose a resolution to the Complainant.
- a. If the Department determines that a Complaint is unable to be resolved and warrants further investigation, the Department shall refer the Complaint to an administrative sub-committee within the AAAC for a complete review of the specific Arizona Apprenticeship Program under which the Complaint has been filed to determine if the Arizona Apprenticeship Program complies with 29 CFR 29.
- b. The sub-committee shall, upon completing a review of the Complaint, notify each Party in writing, as required under 29 CFR 29.12(d), whether a Complaint warrants an AAAC Hearing and shall include Appeal rights in the notification.
7. The sub-committee shall refer a Complaint to the AAAC for an AAAC Hearing if:
- a. The Complainant is not satisfied with an Informal Resolution; or
- b. The sub-committee refers a Complaint to the AAAC after a complete review.
B. AAAC Hearing.
- 1. The AAAC shall schedule an AAAC Hearing if the AAAC sub-committee has determined an AAAC Hearing is warranted under subsection (A)(2).
2. The AAAC shall provide a written notice, which may be provided via the United States Postal Service, or its successor, or email if requested, to each Party involved in the Complaint that includes:
- a. The date, time, and location, whether virtual or in-person, of the AAAC Hearing;
- b. A statement of the issues involved in the Complaint; and
- c. A general statement of the AAAC Hearing procedures.
- 3. An AAAC Hearing shall be conducted by the AAAC chairperson.
- 4. The AAAC chairperson shall provide an opportunity for each Party to present evidence to be considered in the AAAC chairperson’s decision regarding the Complaint.
- 5. If the Complainant does not appear at the AAAC Hearing, the AAAC shall reschedule the AAAC Hearing. If the Complainant fails to appear at the rescheduled AAAC Hearing, the AAAC shall dismiss the Complaint without prejudice.
- 6. The AAAC chairperson shall provide a decision to the Parties in writing within 30 calendar days of the date of the AAAC Hearing.
- 7. A Party who does not agree with the decision of an AAAC Hearing may file an Appeal with the United States Department of Labor, Office of Apprenticeship, within 30 calendar days of the date a Party receives the decision of the AAAC.
C. Complaints Concerning Discrimination or Other Equal Opportunity Matters.
1. An Apprentice or applicant for an Arizona Apprenticeship Program who alleges a violation of federal and state non-discrimination laws regarding selection or participation in an Arizona Apprenticeship Program may submit a verbal or written Complaint with the Department’s Office of Equal Opportunity within 300 calendar days of the alleged occurrence that includes:
- a. The Complainant’s name, address, and telephone number or other contact information;
- b. The person or entity the Complainant alleges is responsible for the alleged discrimination;
- c. A description of the event the Complainant alleges were discriminatory, including the date of the alleged discrimination and the reason the Complainant believes the action was discriminatory; and
- d. The Complainant’s or Complainant’s Authorized Representative’s signature.
- 2. The Department’s Office of Equal Opportunity shall provide a written determination to the Complainant and the Department upon completion of an investigation of a discrimination Complaint within 90 calendar days of receipt of the Complaint, as required under 29 CFR 30.14(c).
- 3. If the Office of Equal Opportunity determines a Sponsor is not following 29 CFR 30, the Department shall initiate enforcement actions as authorized under 29 CFR 30.15.
D. Deregistration and Reinstatement.
- 1. The Sponsor or the Department may deregister an Arizona Apprenticeship Program as authorized under 29 CFR 29.8.
- 2. A Sponsor may file an Appeal in response to the Department’s decision to deregister an Arizona Apprenticeship Program with the United States Department of Labor as authorized under 29 CFR 29.10.
- 3. The Department may reinstate an Arizona Apprenticeship Program that has been deregistered as authorized under 29 CFR 29.9.
Historical Note
Adopted effective August 3, 1978 (Supp. 78-4). Section repealed effective December 20, 1994 (Supp. 94-4). New Section R6-2-403 made by final rulemaking at 32 A.A.R. 477 (February 27, 2026, Issue 9), effective April 5, 2026 (Supp. 26-1).