Department of Labor and Regulation, State Apprenticeship Agency Rulemaking

Page 1 of 17 ARTICLE 47:09
STATE APPRENTICESHIP AGENCY Chapter
47:09:01 General provisions.
47:09:02 Administration.
47:09:03 Registered apprenticeship programs.
47:09:04 Actions involving registered apprenticeship programs.
47:09:05 Reciprocity.
47:09:06 Complaints.
CHAPTER 47:09:01 GENERAL PROVISIONS Section
47:09:01:01 Definitions.
47:09:01:01. Definitions. Terms used in this article mean: (1) “Apprenticeship agreement”, a written agreement, between an apprentice and either the
apprentice's program sponsor, or an apprenticeship committee acting as agent for the
program sponsor, which complies with 29 C.F.R § 29.7, and contains the terms and
conditions of the employment and training of the apprentice;
(2) “Office,” the state office of apprenticeship;
(3) “Apprenticeship program” or “program”, a plan containing all terms and conditions for the
qualification, recruitment, selection, employment and training of apprentices, as provided
for in 29 C.F.R §§ 29.1 to 29.14, inclusive, which has been approved and registered by the Page 2 of 17 state office of apprenticeship, another state apprenticeship agency, or the United States
Department of Labor Office of Apprenticeship; and
(4) “Sponsor”, any person, association, committee, or organization operating an
apprenticeship program and in whose name the program is or will be registered or approved
by the department.
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Page 3 of 17 CHAPTER 47:09:02 ADMINISTRATION Section 47:09:02:01 Duties.
47:09:02:01. Duties. The office will serve as the administrator for the State Apprenticeship
Agency the rules outlined in this article, State Apprenticeship Agency, and related policies or
procedures.
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Page 4 of 17 CHAPTER 47:09:03 REGISTERED APPRENTICESHIP PROGRAMS Section
47:09:03:01 Program standards.
47:09:03:02 Registration.
47:09:03:03 Program review.
47:09:03:04 Apprenticeship agreements.
47:09:03:01. Program standards. The office shall establish standards for a registered
apprenticeship program consistent with 29 C.F.R. § 29.5. The office may register a program for
any apprenticeable occupation consistent with 29 C.F.R § 29.4.
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Page 5 of 17 47:09:03:02. Registration. An applicant for registration as a registered apprenticeship
program shall apply using the method designated by the office. The office shall establish program
registration eligibility standards and procedures consistent with 29 C.F.R. § 29.3.
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Page 6 of 17 47:09:03:03. Program review. The office shall establish performance standards for a
registered apprenticeship program and conduct a review of a program consistent with 29 C.F.R. §
29.6. The office shall conduct a program review to assess the effectiveness of a program during
the term of a program's registration. The office shall set the interval at which a review must occur.
The office may conduct the review using any appropriate method, including an off-site document-
based review, or, at the office's discretion, the review may include an on-site component, which
may include an interview or interviews with apprentices and sponsors and review of
documentation.
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Page 7 of 17 47:09:03:04. Apprenticeship agreements. The office shall establish minimum
requirements for an apprenticeship agreement consistent with 29 C.F.R. § 29.7. An apprenticeship
agreement must be submitted in writing to the office for review and approval. After approval, any
changes to an apprenticeship agreement must be made in writing and approved by the office prior
to taking effect.
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Page 8 of 17 CHAPTER 47:09:04 ACTIONS INVOLVING APPRENTICESHIP PROGRAMS. Section
47:09:04:01 Cancellation.
47:09:04:02 Temporary suspension.
47:09:04:03 Deregistration.
47:09:04:04 Reinstatement.
47:09:04:01. Cancellation. The office may cancel an apprenticeship agreement upon
written notice from either party during the probationary period, or after the probationary period
for good cause with due notice to the apprentice.
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Page 9 of 17 47:09:04:02. Temporary suspension. The office shall establish procedures for a
temporary suspension of a registered apprenticeship program. A program may be temporarily
suspended if it is not compliant with this article or any other applicable laws, rules, or office
policies.
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Page 10 of 17 47:09:04:03. Deregistration. The office shall establish procedures for deregistration of a
registered apprenticeship program. A program may be deregistered if it is not compliant with this
article or any other applicable laws, rules, or office policies.
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Page 11 of 17 47:09:04:04. Reinstatement. A registered apprenticeship program that has been
temporarily suspended or deregistered may apply for reinstatement. The program must
demonstrate that it is compliant with this article and any other applicable laws, rules, or office
policies. Upon a satisfactory showing of compliance, the office may, in its discretion, reinstate the
program.
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Page 12 of 17 CHAPTER 47:09:05 RECIPROCITY Section
47:09:05:01 Application required.
47:09:05:02 Procedures.
47:09:05:03 Standards.
47:09:05:01. Application required. A registered apprenticeship program registered in
another jurisdiction may apply for registration in this state by reciprocity. The program must apply
using the format designated by the office.
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Page 13 of 17 47:09:05:02. Procedures. The office shall establish procedures for the processing of a
reciprocity application consistent with 29 C.F.R. part 29.13(b)(7).
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Page 14 of 17 47:09:05:03. Standards. The office shall grant an application for reciprocity if the office
determines that the program meets the office's standards for registration.
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Page 15 of 17 CHAPTER 47:09:06 COMPLAINTS Section
47:09:06:01 Complaint form.
47:09:06:02 Investigation.
47:09:06:03 Resolution
47:09:06:01. Complaint form. A complaint against a registered apprenticeship program
must be submitted in writing using the method designated by the office. If the allegations of a
complaint lack jurisdiction, the office may dismiss the complaint without investigation.
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Page 16 of 17 47:09:06:02. Investigation. The office shall establish procedures for the investigation of
a complaint.
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Page 17 of 17 47:09:06:03. Resolution. The office shall resolve each complaint consistent with 29 C.F.R.
§ 29.12.
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