Violations of programs or agreements: Investigations; hearings; appeals; exhaustion of administrative remedies.
1. Upon the complaint of any interested person or upon its own initiative, the State Apprenticeship Council may investigate to determine if there has been a violation of the terms or conditions of an approved program or an agreement made under this chapter. The State Apprenticeship Council may hold necessary hearings, inquiries and other proceedings. The parties to each agreement and the sponsors and interested participants in the program shall be given a fair and impartial hearing, after reasonable notice. A copy of the determination or decision of each hearing must be filed with the Labor Commissioner, and if no appeal therefrom is filed with the Labor Commissioner within 10 days after the date thereof the determination or decision of the State Apprenticeship Council becomes the order of the Labor Commissioner.
2. Any person aggrieved by any determination or action of the State Apprenticeship Council may appeal to the Labor Commissioner, whose decision, when supported by evidence, is conclusive if notice of appeal therefrom to the courts is not filed within 30 days after the date of the decision of the Labor Commissioner.
3. A person shall not institute any action based upon:
(a) An agreement;
(b) Proposed or approved standards for apprenticeship; or
(c) A program governed by this chapter,
Êunless he first exhausts all administrative remedies provided by this chapter.
Last modified: February 25, 2006