04 NCAC 22 .0205. ELIGIBILITY AND PROCEDURE FOR REGISTRATION OF AN APPRENTICESHIP PROGRAM

(a)  Eligibility for registration of an apprenticeship program is conditioned upon a program's conformity with the apprenticeship program standards published in this Chapter.  For a program to be determined by the director as being in conformity with this Chapter, the program shall apply for registration and be registered with the department.  The determination by the director that the program meets the apprenticeship program standards is effectuated only through such registration.

(b)  An apprenticeship program or agreement is eligible for registration only if it is in conformity with the requirements of Chapter 94 of the North Carolina General Statutes and the rules of this Chapter, and the training is in an apprenticeable occupation having the characteristics set forth in 04 NCAC 22 .0203.

(c)  Except as provided under Paragraph (d) of this Rule, apprentices shall be individually registered under a registered program.  Such individual registration may be affected:

(1)           By filing copies of each individual apprenticeship agreement with the department; or

(2)           By filing a master copy of such agreement followed by a listing of the name, and other required data, of each individual when apprenticed.

(d)  The names of persons in probationary employment as an apprentice under an apprenticeship program registered by the department, if not individually registered under such program, shall be submitted within 45 days of employment to the department for certification to establish the apprentice as eligible for such probationary employment.

(e)  The department shall be notified within 45 days of persons who have successfully completed apprenticeship programs; and of transfers, suspensions, and cancellations of apprenticeship agreements and a statement of the reasons therefore.

(f)  Operating apprenticeship programs, when registered by the department, are accorded registration evidenced by a Certificate of Registration.  Programs registered by the department shall be accorded registration evidenced by a similar certificate or other written indicia.

(g)  Applications for new programs that the department determines meet the required standards for program registration shall be given provisional registration for a period of one year.  The department shall review all new programs for quality and for conformity with the requirements of Chapter 94 of the North Carolina General Statutes and the rules of this Chapter at the end of the first year after registration.  At that time:

(1)           a program that conforms with the requirements may either be made permanent, or may continue to be provisionally registered through the first full training cycle.

(2)           a program not in operation or not conforming to the requirements during the provisional registration period shall be de-registered in accordance with the rules of this Chapter.

(h)  The department shall review all programs for quality and for conformity with the requirements of Chapter 94 of the North Carolina General Statutes and the rules of this Chapter at the end of the first full training cycle.  A satisfactory review of a provisionally registered program will result in conversion of provisional registration to permanent registration.  Subsequent reviews shall be conducted no less frequently than every five years.  Programs not in operation or not conforming to the regulations shall be de-registered in accordance with the rules of this Chapter.

(i)  Any sponsor proposals or applications for modification(s) or change(s) to registered programs or standards shall be submitted to the department in accordance with Rule .0211 of this Chapter.

(j)  Under a program proposed for registration by an employer or employers' association, where the standards, collective bargaining agreement or other instrument provides for participation by a union in any manner in the operation of the substantive matters of the apprenticeship program, and such participation is exercised, written acknowledgement of union agreement or no objection to the registration is required.  Where no such participation is evidenced and practiced, the employer or employers' association shall simultaneously furnish to an existing union, which is the collective bargaining agent of the employees to be trained, a copy of its application for registration and of the apprenticeship program.  The department shall provide for receipt of union comments, if any, within 45 days before final action on the application for registration.

(k)  Where the employees to be trained have no collective bargaining agreement, an apprenticeship program may be proposed for registration by an employer or group of employers, or an employer association.

 

History Note:        Authority G.S. 94-1; 94-2; 94-4;

Eff. February 1, 1984;

Recodified from Rules 14A .0302 and .0305 Eff. March 15, 2010;

Amended Eff. December 1, 2010;

Transferred from 13 NCAC 14B .0205 Eff. January 1, 2014.