NAC610.461. Appeal from dismissal of apprentice: Scheduling and notice of hearing; provision of information to Council; receipt of affidavits and depositions; issues limited; failure to appear; decision.

     1. Upon the timely filing of a notice of appeal from a decision of a joint committee concerning the dismissal of an apprentice, the Council will schedule a hearing and notify the parties, by certified mail, of the time and place of the hearing.

     2. The parties shall, on forms prescribed by the Council, furnish the Council with all information which is in their possession and relates to the dismissal. The joint committee shall furnish the Council with the record required pursuant to NAC 610.460.

     3. The Council may receive affidavits or depositions in evidence.

     4. The Council will consider only those issues which were presented to the joint committee.

     5. If a party fails to appear at the hearing conducted pursuant to subsection 1, the Council may proceed with the hearing and consider any evidence that it has before it.

     6. The Council will issue its decision as soon as practicable after the hearing. The decision must:

     (a) Include:

          (1) The Council’s findings of fact on the matters described in subsections 2, 3 and 4; and

          (2) A statement that the parties may appeal the decision to the Labor Commissioner; and

     (b) Be sent by mail to the last known addresses of all parties.

     7. The Council may not reverse the decision of a joint committee to dismiss an apprentice and order the reinstatement of an apprentice unless the Council determines that the dismissal was arbitrary, capricious or based on erroneous conclusions of law.

     (Added to NAC by Apprenticeship Council, eff. 10-15-81; A by R082-04, 7-13-2004)