24.21.416    COMPLAINT PROCESS--APPEAL

(1) A dispute or complaint involving an apprenticeship agreement subject to the jurisdiction of the apprenticeship and training program (registration agency) may be filed with the Apprenticeship and Training Program, Department of Labor and Industry, P.O. Box 1728, Helena, MT 59624-1728, telephone (406) 444-3998, or fax to (406) 444-3037. This complaint process does not affect existing complaint procedures recognized in registered apprenticeship standards.

(2) Upon receipt of a complaint, or discovery of a possible violation of an apprenticeship agreement or standard, the registration agency shall:

(a) screen the complaint or possible violation for proper jurisdiction;

(b) attempt to resolve the dispute informally at the earliest opportunity and if a complaint cannot be resolved, the registration agency, program sponsor, the complainant or a representative of the complainant must formally file a signed written complaint with the registration agency within 30 business days of the alleged violation;

(c) provide notice within ten business days of receipt of a complaint or possible violation to the program participant against whom a complaint or possible violation is directed;

(d) solicit a response to the complaint or possible violation from the program participant against whom the complaint or possible violation is directed;

(e) complete the investigation within 30 business days after the signed written complaint is filed, unless all parties to the complaint request a reasonable extension of the time for completion of the investigation; and

(f) within 15 business days of the completion of the investigation, issue to all parties to a complaint a written determination regarding the merits of the complaint or violation and include an appropriate remedy.

(3) Program participants are considered to be in "good standing" and in compliance with their registered apprenticeship standards during an investigation process unless a participant is determined or proven to be:

(a) noncompliant with state or federal laws, rules or regulations governing the employment of an apprentice in work performed pursuant to a Montana apprenticeship agreement; or

(b) noncooperative in providing the program with requested information directly related to an investigation of a complaint.

(4) A party dissatisfied with a determination issued pursuant to (2) may request a redetermination from the registration agency within 20 business days of the mailing of the determination.

(5) A party dissatisfied with a re-determination may request a contested case hearing by filing an appeal within 20 calendar days following the mailing of the redetermination. A contested case hearing must be conducted in accordance with the procedures set forth in 2-4-601 , MCA.

(6) A party dissatisfied with the final agency decision issued following a contested case hearing may seek judicial review within 30 calendar days after service of the final agency decision as set forth in 2-4-701 , MCA, et seq.

History: 39-6-101, MCA; IMP, 39-6-101, 39-6-102, MCA; NEW, 2002 MAR p. 2453, Eff. 9/13/02.