NAC610.360. Denial of application for approval of program or imposition of sanctions against approved program.

     1. The Council will deny an application for the approval of a program of apprenticeship, suspend, terminate, cancel or place conditions upon any approved program, or place an approved program on probation if the applicant, the approved program or an employer participating in the approved program fails to:

     (a) Respond to a subpoena issued pursuant to NRS 607.170 or 607.210;

     (b) Pay an employee for each hour that the employee worked as required pursuant to NRS 608.016;

     (c) Pay an employee at least the wage, salary or compensation that was agreed to be paid to the employee through a collective bargaining agreement, if any, or established pursuant to any existing statute or regulation of this State or by contract between the employer and the employee, as required pursuant to NRS 608.100;

     (d) Establish or maintain the records of wages for the benefit of his or her employees as required pursuant to NRS 608.115;

     (e) Assume the liability for the indebtedness of a subcontractor or any contractor acting under, by or for the original contractor as required pursuant to NRS 608.150;

     (f) Pay an employee at least the minimum wage established pursuant to NRS 608.250 or comply with any regulation adopted pursuant thereto by the Labor Commissioner;

     (g) Comply with the provisions of chapter 609 of NRS which govern the employment of minors or any regulation adopted pursuant thereto by the Labor Commissioner;

     (h) Comply with any:

          (1) Of the provisions of chapter 610 of NRS which govern apprenticeships or any regulation adopted pursuant thereto by the Council; or

          (2) Order issued by the Council after providing notice and a hearing and for good cause shown;

     (i) Pay the contributions for unemployment compensation as required pursuant to chapter 612 of NRS;

     (j) Provide and secure compensation for employees as required pursuant to chapters 616A to 617, inclusive, of NRS;

     (k) Cooperate with or comply with the orders of the Division of Industrial Relations of the Department of Business and Industry issued pursuant to chapter 618 of NRS;

     (l) Maintain a successful completion rate for apprentices of 50 percent or more over the period of training for apprentices of an approved program unless the approved program provides the Council with a reasonable explanation for noncompliance; or

     (m) Reinstate an apprentice following the decision of the Council issued pursuant to NAC 610.461 to reverse the decision of a joint committee to dismiss the apprentice.

     2. In determining the course of action to take against an approved program pursuant to subsection 1, the Council may consider, without limitation:

     (a) The seriousness of the violation committed by the approved program or an employer participating in the approved program;

     (b) Whether there appears to be a pattern of violations by the approved program or an employer participating in the approved program;

     (c) The degree to which corrective remedies have been put in place to address any previous violation committed by the approved program or an employer participating in the approved program; and

     (d) The responsiveness of a sponsor of an approved program to any violations committed by an employer participating in the approved program.

     (Added to NAC by Apprenticeship Council by R142-01, eff. 12-17-2001; A by R082-04, 7-13-2004)