DWD 296.13(2)(a)(a) A comprehensive analysis and evaluation of each aspect of the registered apprenticeship program through off-site reviews.
DWD 296.13 NoteNote: An example of an off-site review may include desk audits of records submitted to the department.
DWD 296.13(2)(b)(b) On-site reviews conducted at the sponsor’s establishment that may involve examination of records, inspection and copying of documents related to recordkeeping requirements, and interviews with employees, apprentices, journeyworkers, supervisors, managers, and hiring officials.
DWD 296.13(3)(3)Notification of compliance review findings. Within 45 business days of completing an EEO compliance review, the department shall present a written notice of compliance review findings to the sponsor. If the compliance review indicates a failure to comply with this chapter, the department shall inform the sponsor in writing and include in the notice all of the following:
DWD 296.13(3)(a)(a) The deficiencies identified.
DWD 296.13(3)(b)(b) How to remedy the deficiencies.
DWD 296.13(3)(c)(c) The timeframe within which the deficiencies must be corrected.
DWD 296.13(3)(d)(d) Enforcement actions that may be taken if compliance is not achieved within the required timeframe.
DWD 296.13(4)(4)Compliance.
DWD 296.13(4)(a)(a) Within 30 days of a sponsor receiving a notice of compliance review with findings that indicate a failure to comply with this chapter, the sponsor shall implement a compliance action plan and notify the department of the plan, or submit a written rebuttal to the findings to the department. A sponsor may request a one-time, 30-day extension.
DWD 296.13(4)(b)(b) If the sponsor submits a written rebuttal to the notice of compliance review findings to the department under par. (a), the department may do any of the following:
DWD 296.13(4)(b)1.1. Uphold the notice of compliance review findings.
DWD 296.13(4)(b)2.2. Modify the notice of compliance review findings in whole or in part.
DWD 296.13(4)(c)(c) If the department upholds the notice of compliance review findings after receiving a written rebuttal from the sponsor, the sponsor shall implement a compliance action plan within 30 days of receiving the notice from the department upholding the findings.
DWD 296.13(4)(d)(d) A compliance action plan required under par. (a) or (c) shall include, at a minimum, all of the following:
DWD 296.13(4)(d)1.1. A specific commitment, in writing, to correct or remediate the identified deficiencies and areas of noncompliance.
DWD 296.13(4)(d)2.2. The precise actions to be taken for each deficiency identified.
DWD 296.13(4)(d)3.3. The time period within which the cited deficiencies shall be remedied and any corrective program changes implemented.
DWD 296.13(4)(d)4.4. The name of the individual responsible for correcting each deficiency identified.
DWD 296.13(4)(e)(e) Upon the department’s approval of the compliance action plan, a sponsor may be considered in compliance under this chapter provided that the compliance plan is implemented.
DWD 296.13(5)(5)Enforcement actions. A sponsor that fails to implement a compliance action plan within the specified timeframes may be subject to an enforcement action under s. DWD 296.15.
DWD 296.13 HistoryHistory: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19.
DWD 296.14DWD 296.14Complaints.
DWD 296.14(1)(1)Requirements for individuals filing complaints.
DWD 296.14(1)(a)(a) If an applicant or apprentice of a registered apprenticeship program believes he or she has been discriminated against on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability with regard to apprenticeship, or been retaliated against in violation of s. DWD 296.17, the applicant or apprentice of a registered apprenticeship program, or the applicant’s or apprentice’s authorized representative, may file a written complaint with the department.
DWD 296.14(1)(b)(b) A complaint under par. (a) shall be filed within 300 days of the alleged discrimination or failure to follow the equal opportunity standards. The department may extend the filing time for good cause shown. The time period for filing is for the administrative convenience of the department and does not create a defense for the respondent.
DWD 296.14(1)(c)(c) Each complaint filed under par. (a) shall be made in writing and contain all of the following information:
DWD 296.14(1)(c)1.1. The applicant’s or apprentice of a registered apprenticeship program’s name, address, and telephone number, including best method of contact.
DWD 296.14(1)(c)2.2. All available information to identify the respondent including name, address, and telephone number.