HAR §12-31-14
HAR §12-31-14. Compliance reviews
Cite as Haw. Code R. § 12-31-14
(a)
The department shall
regularly conduct a systematic review of apprenticeship programs in
order to determine the extent to which sponsors are complying with
this .chapter and s_hall als'o conduct compliance reviews, when
circumstances so warrant, and take appropriate action regarding
programs which are not in compliance with the requirements of this
chapter. Compliance reviews shall consist of comprehensive analyses
and evaluations of each aspect of the apprenticeship program,
including on-site investigations and audits.
(b)
Sponsors seeking new registrations or reregistrations
shall be subject to a compliance review by the department, as.
described in subsection (a), as part of the registration process.
(c)
Where the compliance review indicates that the sponsor is
. not operating in accordance with this chapter, the department shall
notify the sponsor in writing of the results of the review and make a
reasonable effort to secure voluntary compliance on the part of the
program sponsor within a reasonable time before undertaking sanctions
under section 12-31-17. In the case of sponsors seeking new
registration, the department shall provide appropriate ·
recommendations to the sponsor to enable it to ach@tte, comdl.iance for
registration purposes. [Eff. 7 /30/81] (Auth_: HRS §372-5) (Imp: HRS
§372-5)
§12-31-15 Noncompliance with federal and state equal
opportunity requirements. A pattern or practice at noncompliance by a
sponsor (or where the spo~sor is a joint apprenticeship committee, by
one of the parties repres.ented on such committee) with federal or
state laws or rules requiring ·equal opportunity may be grounds for
the imposition of sanctions in accordance with section 12-31-17 if
such noncompliance is related to the equal employment opportunity of
current or farmer apprentices, or both, of such an apprenticeship
program under this chapter. The sponsor shall take affirmative steps
to assist and cooperate with employers and unions in fullfilling
·
their eq UA ejnployment opportunity obligations. [Eff: 7 /30/Bl]
(Auth: HRS §372-5) (Imp: HRS §372-5)
§12-31-16 Adjustments in schedule for compliance review or
complaint processing. If in the judgement of the department a
particular situation requires special processing and determination,
the department shall take the steps necessary to permit such
determination if it finds that no person or party affected by the
det.ermination will be prejudiced by the special processing.
[Eff:
7/30/81] (Auth: HRS §372-5) (Imp: HRS §372-5)