6A-23.008. Complaints

(1) This section is not applicable to any complaint concerning discrimination or other equal employment opportunity matters; all such complaints must be submitted, processed, and resolved in accordance with provisions of Title 29 C.F.R. Part 30 as incorporated in Rule 6A-23.004, F.A.C., or provisions of the Florida State Plan for Equal Employment Opportunity in Apprenticeship which is hereby incorporated by reference (effective June 2019) (http://www.flrules.org/Gateway/reference.asp?No=Ref-10516). A copy of the C.F.R. and the State Plan may be obtained by contacting Apprenticeship Programs, Division of Career and Adult Education, Department of Education, 325 W. Gaines Street, Tallahassee, Florida 32399.

(2) Except for matters described in subsection (1) of this rule, any apprentice, preapprentice, or other affected person aggrieved by the alleged failure of any registered program to meet the standards established by the Department shall notify the program sponsor within thirty (30) calendar days of the alleged failure. The notification must be in writing and signed by the complainant, or parent or guardian if a minor.

(3) The complaint must be in writing and signed by the complainant, or authorized representative, and must be submitted within sixty (60) days of the final decision of the program sponsor or committee. It must set forth the specific matter(s) complained of, together with relevant facts and circumstances. Copies of pertinent documents and correspondence must accompany the complaint when submitted to the Department.

(4) The Department will render an opinion within ninety (90) days after receipt of the complaint, based upon such investigation of the matters submitted, as may be found necessary, and the record before it. During the ninety-day (90) period, the Department will make efforts to effect a satisfactory resolution between the parties involved. If so resolved, the parties will be notified that the case is closed. Where an opinion is rendered, copies will be sent to all parties. If requested, the sponsor may seek an administrative hearing in accordance with the provisions of Chapter 120, F.S.

(5) Nothing herein shall operate to invalidate any provision in a collective bargaining agreement between employers and employees. Any dispute covered by a collective bargaining agreement shall be resolved in accordance with the procedures and terms provided therein.

Rulemaking Authority 446.032, 446.041 FS. Law Implemented 446.041(2), (4) FS. History–New 6-9-81, Formerly 38C-16.08, 38C-16.008, 38H-16.008, Amended 3-29-11, 6-25-19.