04 NCAC 22 .0614. COMPLAINT PROCEDURE

(a)  Any apprentice or applicant for apprenticeship who believes that he has been discriminated against on the basis of race, color, religion, national origin, or sex with regard to apprenticeship or believes that the rules of this Section have not been followed in regard to his selection or rejection may, personally or through an authorized representative, file a complaint with the director or a private review body established for the apprenticeship program, whichever he elects. The complainant must file the complaint not later than 180 days from the time of the incident or circumstances complained of.

(b)  The complaint shall be in writing, shall be signed, and shall include the following:

(1)           The name, address, and telephone number of the complainant;

(2)           The name, address, and telephone number of the sponsor; and

(3)           A brief description of the circumstances giving rise to the complaint.

(c)  When the sponsor has established a private review body, the director shall refer any complaint he has received relating to this Section to the review body, unless the complainant expressly requests that the director should not or unless the director determines that the review body will not adequately enforce the rules of this Section.  The director shall promptly acknowledge receipt of the complaint and, if applicable, shall inform the complainant of referral to the review body.  The director shall obtain reports from the complainant and the review body within 30 days of the referral.  If the complaint is not resolved within 90 days of the referral or if the director is not satisfied that the practices of the apprenticeship program comply with the rules of this Section despite resolution of the complaint by the review body, he may order a compliance review to be made.  If the complaint is resolved by the review body within 90 days and if there is no other indication of failure to comply with the rules of this Section, the director shall close the file and notify the parties.

(d)  Upon receiving a complaint, the private review body shall:

(1)           Promptly acknowledge receipt of the complaint, if received directly from the complainant;

(2)           Provide the division with a copy of the complaint, if received directly from the complainant;

(3)           Notify the sponsor and any specific people named and complained of in the complaint and provide the sponsor and such people with copies of the complaint;

(4)           Review and investigate the matter complained of and hold a hearing for oral testimony, if helpful;

(5)           Attempt to obtain voluntary corrective action and agreement;

(6)           Issue a report of its findings and conclusions within 30 days of receipt of the complaint; and

(7)           Furnish all interested parties and the director with a copy of its report.

(e)  A complainant who wishes to challenge the final determination of the review body shall refer the complaint, together with a brief statement of the deficiencies of the review body's determination, to the director.  The referral must be made within 30 days of the complainant's receipt of the review body's report or within 180 days of the incident or circumstances complained of, whichever is later.

(f)  When the sponsor has not established a review body, when the director will not refer a complaint to a review body, or when the complainant has referred a complaint following a final determination by a review body, the director shall, upon receiving a complaint or complaint referral:

(1)           Promptly acknowledge receipt of the complaint or complaint referral;

(2)           Notify the sponsor and any specific people named and complained of in the complaint that the complaint or complaint referral was received and provide the sponsor and such people copies of the complaint or complaint referral;

(3)           Cause a compliance review and investigation to be made, including, in the case of a complaint referral, a review of the review body's proceedings;

(4)           Attempt to obtain voluntary corrective action and agreement;

(5)           Render a decision regarding the issues with 60 days of receiving the complaint or complaint referral; and

(6)           Furnish all interested parties with a copy of the decision and the reasons therefor.

(g)  A party may appeal the decision of the director, or a sponsor may appeal the determination of the director that the private review body will not adequately enforce the rules of this Section, in accordance with Chapter 150B of the North Carolina General Statutes.

(h)  If the director determines that a particular situation requires either an expedited or extended procedure and that no person will be adversely affected by such procedure, he shall take steps to expedite the process or shall grant an extension of the times provided in this Rule.  The director may extend the time limitations for filing or referring a complaint upon a showing of good cause.

(i)  The sponsor shall provide written notice of the complaint procedure to all applicants and apprentices.

 

History Note:        Authority G.S. 94-1; 94-2; 94-4;

Eff. February 1, 1984;

Amended Eff. August 1, 1988;

Recodified from Rule 14A .0815 Eff. March 15, 2010;

Transferred from 13 NCAC 14B .0614 Eff. January 1, 2014.