<?xml version='1.0' encoding='utf-8'?>
<subtitle article="gle" title_number="11" subtitle_number="4" title_name="Division of Workforce Development and Adult Learning" subtitle_name="Planned Apprenticeship Standards and Activities">
  <section article="gle" article_name="Labor and Employment" number="11-401" title_number="11" title_name="Division of Workforce Development and Adult Learning" subtitle_number="4" subtitle_name="Planned Apprenticeship Standards and Activities">
    <text>The intent, purposes and objectives of this subtitle are to:</text>
    <level label="1">
      <text>encourage the development of an apprenticeship and training system through the voluntary cooperation of management, labor, and interested State agencies in cooperation with other states and the federal government;</text>
    </level>
    <level label="2">
      <text>provide for the establishment and furtherance of standards of apprenticeship and training to safeguard the welfare of apprentices and trainees;</text>
    </level>
    <level label="3">
      <text>contribute to a healthy economy by aiding in the development and maintenance of a skilled labor force sufficient in numbers and quality to meet the expanding needs of Maryland industry and to attract new industry;</text>
    </level>
    <level label="4">
      <text>open to young people the opportunity to obtain training in skilled trades and other on–the–job occupations which will equip them for profitable employment and citizenship;</text>
    </level>
    <level label="5">
      <text>establish an apprenticeship and training council and authorize the appointment of a Director;</text>
    </level>
    <level label="6">
      <text>set up a program of planned apprenticeship under registered agreements, meeting standards established by the Office of Apprenticeship, U.S. Department of Labor; and</text>
    </level>
    <level label="7">
      <text>promote employment opportunities for young people under conditions providing adequate training and reasonable earnings.</text>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="11-402" title_number="11" title_name="Division of Workforce Development and Adult Learning" subtitle_number="4" subtitle_name="Planned Apprenticeship Standards and Activities">
    <text>Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, §§ 11–403 through 11–405 of this subtitle shall terminate on July 1, 2034.</text>
  </section>
  <section article="gle" article_name="Labor and Employment" number="11-403" title_number="11" title_name="Division of Workforce Development and Adult Learning" subtitle_number="4" subtitle_name="Planned Apprenticeship Standards and Activities">
    <level label="a">
      <text>The Division of Workforce Development and Adult Learning is the designated State Apprenticeship Agency under Title 29, C.F.R. Parts 29 and 30.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>There is an Apprenticeship and Training Council as part of the Division of Workforce Development and Adult Learning. The Council consists of 12 members all of whom shall be appointed by the Governor of Maryland, with the advice of the Secretary and with the advice and consent of the Senate of Maryland.</text>
      </level>
      <level label="2">
        <text>Four of the members shall be representatives of employee organizations; one shall be an employee; five shall be representatives of employers; and two shall be appointed from the general public.</text>
      </level>
      <level label="3">
        <level label="i">
          <text>The membership of the Council shall, to the extent practicable, reflect the geographic, racial, ethnic, cultural, and gender diversity of the State and shall include representation by individuals with disabilities and individuals who are Asian, Black, and Latino.</text>
        </level>
        <level label="ii">
          <text>Consultants to the Council shall, to the extent practicable, reflect the geographic, racial, ethnic, cultural, and gender diversity of the State and shall include representation by individuals with disabilities and individuals who are Asian, Black, and Latino.</text>
        </level>
      </level>
      <level label="4">
        <text>In advising the Governor, the Secretary shall give consideration to a balanced geographic representation from all of Maryland and a representative sampling and mix of Maryland industry.</text>
      </level>
      <level label="5">
        <text>One member shall be appointed as Chairman by the Governor, with the advice of the Secretary, and serve as Chairman at the pleasure of the Governor. The Assistant State Superintendent, Career and Technology Education, and the Maryland State Director of the Office of Apprenticeship, U.S. Department of Labor, shall serve as consultants to the Council without vote.</text>
      </level>
      <level label="6">
        <text>The Governor, with the advice of the Secretary may appoint up to three additional consultants to the Council from the public at large.</text>
      </level>
    </level>
    <level label="c">
      <text>All appointments as members of the Council shall be for terms of 4 years.</text>
    </level>
    <level label="d">
      <level label="1">
        <text>Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Council meetings held during any consecutive 12–month period while the member was serving on the Council.</text>
      </level>
      <level label="2">
        <text>The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.</text>
      </level>
      <level label="3">
        <text>In accordance with § 8–501 of the State Government Article, the Chairman shall provide notice to the Governor and the Governor shall appoint a successor.</text>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="11-404" title_number="11" title_name="Division of Workforce Development and Adult Learning" subtitle_number="4" subtitle_name="Planned Apprenticeship Standards and Activities">
    <text>The members of the Council shall receive per diem compensation as provided in the State budget for each day actually engaged in the discharge of their official duties as well as reimbursement for expenses in accordance with the Standard State Travel Regulations. The Director of Apprenticeship and Training shall act as secretary.</text>
  </section>
  <section article="gle" article_name="Labor and Employment" number="11-405" title_number="11" title_name="Division of Workforce Development and Adult Learning" subtitle_number="4" subtitle_name="Planned Apprenticeship Standards and Activities">
    <level label="a">
      <text>The Council shall:</text>
      <level label="1">
        <text>advise the Division of Workforce Development and Adult Learning on the apprenticeability of occupations in the State of Maryland;</text>
      </level>
      <level label="2">
        <text>encourage the establishment of local apprenticeship committees where the committees are needed;</text>
      </level>
      <level label="3">
        <text>make recommendations regarding the formulation and adoption of standards of apprenticeship which safeguard the welfare of apprentices, being guided, but not controlled, by the standards of apprenticeship recommended by the federal committee on apprenticeship;</text>
      </level>
      <level label="4">
        <text>require a minimum ratio of one journeyworker regularly employed to one apprentice, consistent with proper supervision, training, and continuity of employment and applicable provisions in collective bargaining agreements;</text>
      </level>
      <level label="5">
        <text>at the time of or subsequent to registration, recommend a deviation from the minimum ratio requirement for all occupations that are defined by the Secretary as nonhazardous to workers and members of the public;</text>
      </level>
      <level label="6">
        <text>consider formal written deviation requests from all other occupations;</text>
      </level>
      <level label="7">
        <text>make recommendations regarding the formulation of policies for the overall apprenticeship program;</text>
      </level>
      <level label="8">
        <text>make recommendations regarding the registration of standards of apprenticeship of the groups or employers that elect to conform with the provisions of this subtitle;</text>
      </level>
      <level label="9">
        <text>make recommendations regarding the registration of apprenticeship agreements which conform to the standards of apprenticeship adopted by the Division of Workforce Development and Adult Learning;</text>
      </level>
      <level label="10">
        <text>recommend the issuance of certificates of completion of apprenticeship to apprentices who are registered with the Division of Workforce Development and Adult Learning when the Division determines that such apprentices have completed successfully their apprenticeship;</text>
      </level>
      <level label="11">
        <text>seek all information pertaining to apprenticeship training in the State;</text>
      </level>
      <level label="12">
        <text>prescribe its rules of procedure and duties of the Chairman, Director, and Secretary subject to the provisions of this law; and</text>
      </level>
      <level label="13">
        <text>perform other advisory functions as the Governor or the Secretary may direct or as may come within the scope of the Council.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>No person, firm, or corporation may offer, establish, maintain, or operate an apprenticeship program for any occupation approved by the Division of Workforce Development and Adult Learning as an apprenticeable occupation for which tuition, charges, or fees are charged to or are payable by an enrollee or student, or which is financed in whole or in part by State funds, unless the program is first approved by the Division of Workforce Development and Adult Learning.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>The Division of Workforce Development and Adult Learning shall issue a certificate of approval to an applicant operating or proposing to operate the program if the Division of Workforce Development and Adult Learning is satisfied that the conditions of entrance, the qualifications of the administrators and instructors, the content of the program, the facilities, and the financial aspects of the program are adequate and appropriate for the purpose of the program.</text>
        </level>
        <level label="ii">
          <text>If the Division of Workforce Development and Adult Learning does not issue a certificate of approval to an applicant operating or proposing to operate a program, any person, firm, or corporation whose application is rejected has a right to judicial review under Title 10, Subtitle 2 of the State Government Article.</text>
        </level>
      </level>
      <level label="3">
        <level label="i">
          <text>The Division of Workforce Development and Adult Learning, after notice and hearing, may deregister a program or course if it finds that the program or course has ceased to meet the conditions of approval.</text>
        </level>
        <level label="ii">
          <text>Any person, association, committee, or organization that operates an apprenticeship program that is deregistered by the Division of Workforce Development and Adult Learning may request a hearing before the United States Department of Labor.</text>
        </level>
      </level>
      <level label="4">
        <text>After consulting the Council, the Division of Workforce Development and Adult Learning, after notice and hearing, may adopt rules and regulations for the implementation of this section, including rules and regulations requiring the furnishing of periodic relevant information about approved and proposed programs and the operator or proposed operator of the approved or proposed programs.</text>
      </level>
      <level label="5">
        <text>Any person, firm, or corporation that knowingly offers, establishes, maintains, or operates a program in violation of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 or be imprisoned for not more than one year, or both.</text>
      </level>
      <level label="6">
        <text>If recommended by the Council, the Division of Workforce Development and Adult Learning may apply to any court of competent jurisdiction for an injunction restraining violations of this section.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>Except as provided in paragraph (2) of this subsection, the Division of Workforce Development and Adult Learning shall accord reciprocal approval to apprentices, apprenticeship programs, and standards that are registered in other states by the United States Department of Labor’s Office of Apprenticeship or a registration agency, if reciprocity is requested by the apprenticeship program sponsor.</text>
      </level>
      <level label="2">
        <text>The Division of Workforce Development and Adult Learning may not accord reciprocal approval to a program sponsor that does not meet the wage and hour requirements and apprentice ratio standards of the reciprocal state.</text>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <text>On or before December 31 each year, the Division of Workforce Development and Adult Learning shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information for the immediately preceding 5 calendar years:</text>
        <level label="i">
          <text>the completion and enrollment rates of each apprenticeship program registered in the State;</text>
        </level>
        <level label="ii">
          <text>the age, race, sex or gender identity, county of residence, and program enrollment of each individual enrolled in a registered apprenticeship program;</text>
        </level>
        <level label="iii">
          <text>the number of:</text>
          <level label="1">
            <text>qualified intermediaries registered in the Registered Apprenticeship Qualified Intermediary Program;</text>
          </level>
          <level label="2">
            <text>approved grants and procurements used by the Secretary under § 11–410(c)(3) of this subtitle; and</text>
          </level>
          <level label="3">
            <text>newly registered apprentices and newly registered apprenticeship programs resulting from the Registered Apprenticeship Qualified Intermediary Program;</text>
          </level>
        </level>
        <level label="iv">
          <text>the number and value of the incentives awarded under the Maryland Pay Per Apprentice Program;</text>
        </level>
        <level label="v">
          <text>worker outcomes for each registered apprenticeship program, including:</text>
          <level label="1">
            <text>job placement;</text>
          </level>
          <level label="2">
            <text>post–apprenticeship wage rates; and</text>
          </level>
          <level label="3">
            <text>retention and advancement data; and</text>
          </level>
        </level>
        <level label="vi">
          <text>any corrective action, including requiring reimbursement of incentives, for failure to meet the requirements of the Maryland Pay Per Apprentice Program established under § 11–607 of this title.</text>
        </level>
      </level>
      <level label="2">
        <text>The Division of Workforce Development and Adult Learning shall publish the report required under paragraph (1) of this subsection on the Division of Workforce Development and Adult Learning’s Web site.</text>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="11-406" title_number="11" title_name="Division of Workforce Development and Adult Learning" subtitle_number="4" subtitle_name="Planned Apprenticeship Standards and Activities">
    <level label="a">
      <text>The Secretary shall appoint a Director of Apprenticeship and Training.</text>
    </level>
    <level label="b">
      <text>The Director of Apprenticeship and Training shall:</text>
      <level label="1">
        <text>have the responsibility of promoting apprenticeship; and</text>
      </level>
      <level label="2">
        <text>obtain the assistance of the Office of Apprenticeship, U.S. Department of Labor, and other federal and State agencies in promoting apprenticeships.</text>
      </level>
    </level>
    <level label="c">
      <text>The Director’s duties shall include:</text>
      <level label="1">
        <text>encouragement and promotion of the standards established in accordance with this subtitle and with the basic standards of the Office of Apprenticeship, U.S. Department of Labor;</text>
      </level>
      <level label="2">
        <text>bringing about the settlement of differences arising out of apprenticeship programs and agreements when the differences cannot be adjusted locally or in accordance with established trade procedure;</text>
      </level>
      <level label="3">
        <text>supervision of the execution of agreements and the maintenance of standards;</text>
      </level>
      <level label="4">
        <text>registration of apprenticeship programs and agreements;</text>
      </level>
      <level label="5">
        <text>keeping a record of apprenticeship agreements and programs, and upon performance thereunder issuing certificates of completion of apprenticeship;</text>
      </level>
      <level label="6">
        <text>encouragement of liaison and cooperation between all private, State, and federal agencies concerned with apprenticeship, trade, and industrial training;</text>
      </level>
      <level label="7">
        <text>promotion of public awareness of apprenticeship and other occupational training; and</text>
      </level>
      <level label="8">
        <text>keeping a record of the progress of apprenticeship and training programs initiated in accordance with the provisions of this subtitle and informing the Council and the Division of Workforce Development and Adult Learning periodically as to the results.</text>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="11-407" title_number="11" title_name="Division of Workforce Development and Adult Learning" subtitle_number="4" subtitle_name="Planned Apprenticeship Standards and Activities">
    <text>All apprenticeship and training programs established under this subtitle shall conform to the Code of Federal Regulations, Title 29, Part 30, and any subsequent applicable provisions. In order to effectuate conformity with these provisions, a State plan shall be drafted which will indicate in detail evidence of consistency in the operation of the Maryland apprenticeship and training law with the Code of Federal Regulations, Title 29, Part 30.</text>
  </section>
  <section article="gle" article_name="Labor and Employment" number="11-408" title_number="11" title_name="Division of Workforce Development and Adult Learning" subtitle_number="4" subtitle_name="Planned Apprenticeship Standards and Activities">
    <text>In order to ensure compliance with federal laws governing wages, hours, and working conditions, the Division of Workforce Development and Adult Learning will request recognition of its standards and activities by the Office of Apprenticeship, U.S. Department of Labor, and if necessary, make such adjustments in its standards and procedures as will ensure conformity.</text>
  </section>
  <section article="gle" article_name="Labor and Employment" number="11-409" title_number="11" title_name="Division of Workforce Development and Adult Learning" subtitle_number="4" subtitle_name="Planned Apprenticeship Standards and Activities">
    <level label="a">
      <text>In this section, “Office” means the Maryland Office of Registered Apprenticeship Development.</text>
    </level>
    <level label="b">
      <text>There is a Maryland Office of Registered Apprenticeship Development within the Maryland Apprenticeship and Training Program of the Division of Workforce Development and Adult Learning.</text>
    </level>
    <level label="c">
      <text>The purpose of the Office is to scale registered apprenticeships across industries and occupations to meet the needs of the State’s economy.</text>
    </level>
    <level label="d">
      <text>The Governor shall include in the annual budget bill an appropriation to the Maryland Apprenticeship and Training Program to cover administrative costs for the Office.</text>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="11-410" title_number="11" title_name="Division of Workforce Development and Adult Learning" subtitle_number="4" subtitle_name="Planned Apprenticeship Standards and Activities">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Director” means the Director of the Maryland Apprenticeship and Training Program.</text>
      </level>
      <level label="3">
        <text>“Program” means the Registered Apprenticeship Qualified Intermediary Program.</text>
      </level>
      <level label="4">
        <text>“Qualified intermediary” means an entity that demonstrates expertise in:</text>
        <level label="i">
          <text>connecting sponsors, employers, or potential apprenticeship program participants with registered apprenticeship programs;</text>
        </level>
        <level label="ii">
          <text>convening stakeholders to develop registered apprenticeship programs; or</text>
        </level>
        <level label="iii">
          <text>other key functions as determined appropriate by the Department to successfully build and scale registered apprenticeship programs that achieve desired workforce outcomes.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <text>There is a Registered Apprenticeship Qualified Intermediary Program within the Maryland Apprenticeship and Training Program of the Division of Workforce Development and Adult Learning.</text>
    </level>
    <level label="c">
      <level label="1">
        <text>The Program shall:</text>
        <level label="i">
          <text>report to the Director;</text>
        </level>
        <level label="ii">
          <text>increase awareness of registered apprenticeship programs through industry outreach;</text>
        </level>
        <level label="iii">
          <text>connect employers and labor organizations with workforce and education partners;</text>
        </level>
        <level label="iv">
          <text>provide technical assistance to launch and expand registered apprenticeship programs with a focus on nontraditional sectors; and</text>
        </level>
        <level label="v">
          <text>include a process for monitoring and evaluating the Program.</text>
        </level>
      </level>
      <level label="2">
        <text>The Director shall, in consultation with the Secretary, the Governor’s Workforce Development Board, the Registered Apprenticeship Development Advisory Board, and the Department of Commerce, develop the Program.</text>
      </level>
      <level label="3">
        <text>The Secretary may use grants or procurement, among other strategies, to advance and accomplish the goals of the Program.</text>
      </level>
    </level>
  </section>
  <section article="gle" article_name="Labor and Employment" number="11-411" title_number="11" title_name="Division of Workforce Development and Adult Learning" subtitle_number="4" subtitle_name="Planned Apprenticeship Standards and Activities">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Board” means the Registered Apprenticeship Development Advisory Board.</text>
      </level>
      <level label="3">
        <text>“Office” means the Office of Registered Apprenticeship Development established under § 11–409 of this subtitle.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>There is a Registered Apprenticeship Development Advisory Board in the Department.</text>
      </level>
      <level label="2">
        <text>The purpose of the Board is to advise the Office on the strategy to achieve its mission of expanding registered apprenticeship opportunities in the State.</text>
      </level>
    </level>
    <level label="c">
      <text>The Board shall consist of:</text>
      <level label="1">
        <text>one member of the Senate of Maryland, appointed by the President of the Senate;</text>
      </level>
      <level label="2">
        <text>one member of the House of Delegates, appointed by the Speaker of the House;</text>
      </level>
      <level label="3">
        <text>two members designated by the President of the Maryland State and DC AFL–CIO;</text>
      </level>
      <level label="4">
        <text>two members representing employers engaged in registered apprenticeships, appointed by the Governor; and</text>
      </level>
      <level label="5">
        <text>one member to serve as chair of the Board, appointed by the Governor.</text>
      </level>
    </level>
    <level label="d">
      <text>A member of the Board:</text>
      <level label="1">
        <text>may not receive compensation as a member of the Board; but</text>
      </level>
      <level label="2">
        <text>is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.</text>
      </level>
    </level>
    <level label="e">
      <level label="1">
        <text>The term of a member is 4 years.</text>
      </level>
      <level label="2">
        <text>The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2025.</text>
      </level>
      <level label="3">
        <text>A vacancy shall be filled for an unexpired term in the same manner as the original appointment.</text>
      </level>
      <level label="4">
        <text>At the end of the term, a member continues to serve until a successor is appointed and qualifies.</text>
      </level>
      <level label="5">
        <text>A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.</text>
      </level>
    </level>
    <level label="f">
      <text>The Board shall:</text>
      <level label="1">
        <text>consult with the Office regularly about developing strategy and reviewing outcomes for apprenticeships;</text>
      </level>
      <level label="2">
        <text>provide advice on programs operated by the Office; and</text>
      </level>
      <level label="3">
        <text>on or before December 1 each year, beginning in 2025, evaluate the Office and report the results of the evaluation to the General Assembly, in accordance with § 2–1257 of the State Government Article.</text>
      </level>
    </level>
  </section>
</subtitle>