Deregistration of an apprenticeship or preapprenticeship program may be effected either upon the voluntary action of the sponsor by a request for cancellation or upon notice by the Department to the sponsor stating cause and instituting formal deregistration proceedings.

1. (1) Cancellation by request of the sponsor. The Department may cancel the registration of an apprenticeship or preapprenticeship program by a written acknowledgement of a request. Failure to respond to written notices concerning program inactivity will be construed as voluntary cancellation by the sponsor. The Department’s acknowledgement of cancellation must state the following:

   1. (a) The registration is canceled at the sponsor’s request and giving the effective date of such cancellation; and,
   2. (b) That, within fifteen (15) days of the effective date of the acknowledgement, the sponsor must notify all registered apprentices or preapprentices of cancellation and the effective date that will automatically deprive the apprentice or preapprentice of his or her individual registration; that the cancellation removes the apprentice from coverage for federal and state purposes; and that all particpants must be referred to the Department for information regarding other registered programs.

2. (2) Deregistration by the Department.

   1. (a) The Department is authorized to deregister any apprenticeship or preapprenticeship program, occupation or occupational grouping when the program:

      1. Is not conducted, operated, or administered in accordance with Chapter 6A-23, F.A.C.

      a. This includes but is not limited to failure to provide on-the-job learning; failure to provide related instruction; failure to pay the apprentice a progressively increasing schedule of wages consistent with the skills acquired; or persistent and significant failure to perform successfully.

      b. Persistent and significant failure to perform successfully occurs when a program sponsor consistently fails to register at least one apprentice or preapprentice or shows no indication of improvement in the areas identified by the Department during review of the program as requiring corrective action.

      2. Fails to train for twelve (12) consecutive months; or

      3. Fails to report apprentice or preapprentice actions.

   2. (b) The Department must notify the apprenticeship or preapprenticeship program sponsor in writing to initiate deregistration of a program for cause.
   3. (c) The notice shall be sent by registered or certified mail, return receipt requested, shall state the deficiency(ies) and remedy(ies) required and shall state that the program will be deregistered for cause unless corrective action is taken within thirty (30) calendar days of receipt.
   4. (d) Upon request by the sponsor in order to complete corrective action, the 30-day term may be extended for another thirty (30) days. During the period for corrective action, the sponsor may request assistance from the Department to correct the deficiency.

   5. (e) If the required action is not taken within the allotted time, the Department shall send a notice to the sponsor by registered or certified mail, return receipt requested, stating the following:

      1. This notice is sent pursuant to this subsection;

      2. The sponsor was advised of certain deficiencies (enumerating them and the remedial measures requested, with the dates of such occasions and letters), and has failed or refused to effect correction;

      3. Based upon the stated deficiency(ies) and failure to remedy, a determination has been made that there is cause to deregister the program, and the program will be deregistered unless within twenty-one (21) days of the receipt of this notice, the Department receives a request from the sponsor for an administrative hearing in accordance with the provisions of Chapter 120, Florida Statutes;

      4. If a hearing is not requested by the sponsor, the Department will deregister the program.

   6. (f) The Department shall notify the Administrator of the U.S. Office of Apprenticeship of all documents and information relating to the deregistration proceedings for apprenticeship programs.
   7. (g) Every order of deregistration must contain a provision that the sponsor must, within fifteen (15) days of the effective date of the deregistration order, notify all registered apprentices of the deregistration and the effective date thereof that will automatically deprive the apprentice or preapprentice of individual registration; that the deregistration removes the apprentice from coverage for federal and state purposes; and that all participants must be referred to the Department for information regarding other registered apprenticeship programs.

Rulemaking Authority 446.032, 446.041(13) FS. Law Implemented 446.032, 446.041, 446.051, 446.075 FS. History–New 6-9-81, Formerly 38C-16.06, 38C-16.006, 38H-16.006, Amended 3-29-11, 6-25-19, 6-17-26.