1. (1) Types of deregistration. Deregistration of a program may be effected upon the voluntary action of the sponsor by submitting a request for cancellation of the registration in accordance with sub. (2), or upon reasonable cause, by the department instituting formal deregistration proceedings in accordance with sub. (3).

2. (2) Deregistration at the request of the sponsor. The department may cancel the registration of an apprenticeship program by written acknowledgement of such request stating all of the following:

   1. (a) The registration is cancelled at the sponsor’s request, and the effective date thereof.
   2. (b) That, within 15 days of the date of the acknowledgment, the department shall notify all apprentices of such cancellation and the effective date; that such cancellation automatically deprives the apprentice of individual registration; that the deregistration of the program removes the apprentice from coverage for federal and state purposes which require the U. S. secretary of labor’s approval of an apprenticeship program, and that all apprentices are referred to the department for information about potential transfer to other registered apprenticeship programs.

3. (3) Deregistration by the department upon reasonable cause.

   1. (a) Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, or administered in accordance with the program’s registered provisions or with the requirements of this chapter, including: 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 apprentices skills acquired; or persistent and significant failure to perform successfully. Deregistration proceedings for violation of equal opportunity requirements shall be processed in accordance with the provisions under ch. DWD 296.
   2. (b) For purposes of this section, persistent and significant failure to perform successfully occurs when a program sponsor consistently fails to register at least one apprentice, shows a pattern of poor quality assessment results over a period of several years, demonstrates an ongoing pattern of very low completion rates over a period of several years, or shows no indication of improvement in the areas identified by the department during a review process as requiring corrective action.
4. (4) Notice. Where it appears the program is not being operated in accordance with the registered standards or with requirements of this chapter, the department shall notify the program sponsor in writing.

5. (5) Notice requirements. The notice sent to the program sponsor’s contact person shall include all of the following:

   1. (a) Be sent by registered or certified mail, with return receipt requested.
   2. (b) State the shortcomings and the remedy required.
   3. (c) State that a determination of reasonable cause for deregistration shall be made unless corrective action is effected within 30 days.
6. (6) Extension. Upon request by the sponsor for good cause, the 30-day term may be extended another 30 days. During the period for corrective action, the department shall assist the sponsor in every reasonable way to achieve conformity.

7. (7) Notice of deregistration. If the required correction is not effected within the allotted time, the department shall send a notice to the sponsor, by registered or certified mail, return receipt requested, stating all of the following:

   1. (a) The notice is sent under this paragraph.
   2. (b) Certain deficiencies were called to the sponsor’s attention, enumerating them and the remedial measures requested, with the dates of such occasions and letters, and that the sponsor has failed or refused to effect correction.
   3. (c) Based upon the stated deficiencies and failure to remedy them, a determination has been made that there is reasonable cause to deregister the program and the program may be deregistered unless, within 15 days of the receipt of this notice, the sponsor requests a hearing by the department; and
   4. (d) If the sponsor does not request a hearing, the entire matter shall be submitted to the department for a decision on the record with respect to deregistration.
8. (8) Nonhearing order. If the sponsor does not request a hearing, the department shall prepare a report containing all pertinent facts and circumstances concerning the nonconformity, including the findings and recommendation for deregistration, and copies of all relevant documents and records. Statements concerning interviews, meetings, and conferences shall include the time, date, place, and persons present. The department shall make a final order on the basis of the record presented.
9. (9) Hearing. If the sponsor requests a hearing, the department shall prepare a report containing all the data listed in sub. (8), and the department shall refer the matter to a hearing officer. The hearing officer shall convene a hearing in accordance with ch. 227, Stats., and issue a decision as required in ch. 227, Stats.
10. (10) Contents of order. Every order of deregistration shall contain a provision that the sponsor shall, within 15 days of the effective date of the order, notify all registered apprentices of the deregistration of the program, the effective date thereof, that such cancellation automatically deprives the apprentice of individual registration; that the deregistration removes the apprentice from coverage for federal purposes which require the U. S. secretary of labor’s approval of an apprenticeship program; and that all apprentices are referred to the department for information about potential transfer to other registered apprenticeship programs.

History

History: CR 10-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction to (4) (title) to (10) (title) made under s. 13.92 (4) (b) 2., Stats., Register November 2010 No. 659; CR 14-032: am. (2) (intro.), (a), (5) (intro.), (a), (b), (7) (intro.), (a) to (c) Register May 2015 No. 713, eff. 6-1-15.