2006 Louisiana Laws - RS 23:390 — Settlement of controversies or complaints

§390.  Settlement of controversies or complaints

A.  Upon the complaint of any interested person or upon his own initiative, the director may investigate to determine if there has been a violation of the terms of an apprentice agreement made under this Chapter; he may also hold hearings, inquiries, and other proceedings necessary to such investigations and determination.  The director shall investigate programs only as necessary to establish compliance, and then only upon proper notice.  The parties to such agreement shall be given a fair and impartial hearing, after reasonable notice thereof.  All hearings, investigations, and determinations shall be made under authority of reasonable rules and procedure prescribed by the apprenticeship council, subject to the approval of the secretary.

B.  The determination of the director shall be filed with the secretary.  If no appeal therefrom is filed with the secretary within twenty days after the date thereof, such determination shall become the order of the secretary.  Any person aggrieved by any determination or action of the director may appeal therefrom to the secretary who shall hold a hearing thereon, after due notice to the interested parties.  Orders and decisions of the secretary shall be prima facie lawful and reasonable if supported by reasonable and competent evidence.  Any party to an apprentice agreement aggrieved by an order or decision of the secretary may appeal to the courts on questions of law.  The decision of the secretary shall be conclusive if no appeal therefrom is filed within thirty days after the date of the order or decision.

C.  No person shall institute any action for the enforcement of any apprentice agreement, or for damages for the breach thereof, unless he has first exhausted all the administrative remedies provided in this Section.

Acts 1987, No. 623, §1.