Md. Code Regs. 09.12.43.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.43.03 - Eligibility and Procedure for Registration

A. Registration of Apprenticeship Program.

(1) An apprenticeship program is eligible for registration by the Council if the:

(a) Apprenticeship program conforms with apprenticeship program standards published by the Council;

(b) Apprenticeship program provides for training in an apprenticeable occupation meeting the requirements of Regulations .04 and .05 of this chapter;

(c) Apprenticeship program conforms with the requirements of the Maryland State Plan for Equal Employment Opportunity in Apprenticeship and Training; and

(d) Request for registration is:

(i) In writing,

(ii) Made by the applicant sponsor,

(iii) Addressed to the Director, and

(iv) Submitted with all required documents and data, as required by the Council.

(2) An approved apprenticeship program shall be registered and issued a certificate of registration.

(3) An apprenticeship program is considered registered upon approval of the Council.

(4) If the employees to be trained have no collective bargaining agent, an apprenticeship program may be proposed for registration by a nonjoint apprenticeship sponsor.

B. Registration of Apprentices.

(1) An apprentice shall be individually registered under a registered apprenticeship program.

(2) To register an apprentice, a sponsor shall file copies of an apprenticeship agreement for approval by the Council.

C. Sponsor Responsibilities.

(1) A sponsor may not register more apprentices than permitted in the sponsor's approved and registered standards of apprenticeship.

(2) Apprentices working on the sponsor's premises, and at each individual job site away from the sponsor's premises, shall work in accordance with the sponsor's approved ratio of apprentices to journeypersons except that the first apprentice may be worked at a job site immediately after the first journeyperson at a job site.

(3) A sponsor that is participating in a group nonjoint apprenticeship program registered with the Council may not register an individual program in the same Metropolitan Statistical Area unless the sponsor:

(a) Shows just cause that an individual program is needed; and

(b) Is starting an apprenticeship program in an occupation not covered by the group nonjoint apprenticeship program, or terminating the sponsor's participation in the group nonjoint apprenticeship program.

(4) A sponsor shall agree that, in order to determine compliance, any Council member, the Director, or any designee of the Director, with proper notice, may visit a job site or other location where apprentices work or are trained.

(5) All individual participating employers in a group nonjoint apprenticeship program shall agree in writing to all registered provisions of the apprenticeship program standards.

D. Change to Registered Program.

(1) A sponsor shall promptly submit any change to a registered apprenticeship program in writing to the Council for approval.

(2) An approved change shall be recorded as an amendment to the apprenticeship program.

E. Collective Bargaining Agreements. For an apprenticeship program proposed for registration by a joint apprenticeship committee where the standard, collective bargaining agreements, or other instruments, provide for participation by a union in the operation of the substantive matters of the apprenticeship program, the following apply:

(1) Where the participation is exercised, written acknowledgment of union agreement or "no objection" to the registration is required; and

(2) Where no participation is evidenced and practiced:

(a) The employer or employers' association shall furnish to a union local, which is the collective bargaining agent of the employees to be trained, a copy of its application for registration and of the apprenticeship program,

(b) The Council, upon receipt of the application and apprenticeship program, shall send, by certified mail to the union local, a copy of the application and the apprenticeship program,

(c) An opportunity is provided for the union local to review, comment, approve, or reject the content of the apprenticeship program within 30 days, and

(d) Notice is given that union comments of the union local are accepted for 30 days after the date of the Council transmittal.

F. Temporary Staffing Agencies. A temporary staffing agency that offers temporary staffing services and does not have day-to-day control of work assignments and supervision of employees is not eligible for registration as a sponsor.

Md. Code Regs. 09.12.43.03

Regulations .03 adopted effective March 22, 1999 (26:6 Md. R. 484)