Chapter 43. Maryland Apprenticeship and Training
Regulation .01 Scope and Purpose.LinkCopy Citation
A.
Except as provided in COMAR 09.01.12.01C, these regulations do not apply to youth apprenticeship under Apprenticeship Maryland.
B.
The purpose of this chapter is to:
(1)
Establish guidelines and standards necessary for the development of skilled apprenticeship programs;
(2)
Establish guidelines to protect workers who participate in apprenticeship programs;
(3)
Establish labor standards to safeguard the welfare of apprentices; and
(4)
Prescribe policies and procedures concerning the registration for State and federal purposes of acceptable apprenticeship and training programs with the Council which is recognized as a registration agency for federal purposes by the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Apprentice” means a worker 16 years old or older, who has entered into a voluntary written agreement with a sponsor who has agreed to teach the worker a skilled trade under terms defined in Regulations .04 and .05 of this chapter.
(2)
“Apprenticeship agreement” means a written agreement between an apprentice and the sponsor that defines the relationship and is registered by the Maryland Apprenticeship and Training Council.
(3)
“Apprenticeship program” means a written plan containing, at a minimum, the standards set forth in Regulation .05 of this chapter.
(4)
“Cancellation” means:
(a)
The deregistration by the Council of an apprenticeship program at the request of the program sponsor;
(b)
The termination of an apprenticeship agreement at the request of the apprentice or sponsor; or
(c)
Formal deregistration proceedings when the action is involuntary.
(5)
“Competency” means the attainment of manual, mechanical, or technical skills and knowledge as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement.
(6)
Competency-Based Approach.
(a)
“Competency-based approach” means a method to measure skill acquisition through the individual apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program sponsor.
(b)
“Competency-based approach” includes requiring an apprentice to complete an on-the-job learning component of registered apprenticeship with the program standards addressing:
(i)
How on-the-job learning will be integrated into the program;
(ii)
Describing competencies; and
(iii)
Identifying an appropriate means of testing and evaluation for such competencies.
(7)
“Council” means the Maryland Apprenticeship and Training Council.
(8)
“Director” means the Director of the Maryland Apprenticeship and Training Program.
(9)
“Employer” means an individual or organization located or operating in Maryland that employs an apprentice on a work site whether or not that individual or organization is a party to an apprenticeship agreement.
(10)
“Hybrid approach” means a method to measure an individual apprentice’s skill acquisition through a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule.
(11)
“Joint apprenticeship committee” means a committee, composed of an equal number of representatives of employers and employees, that has been jointly established by an employer or group of employers and a bona fide collective bargaining agent or agents to:
(a)
Conduct, operate, or administer an apprenticeship program; and
(b)
Enter into apprenticeship agreements with apprentices selected for employment under the particular program.
(12)
“Journeyperson” means an individual who has completed:
(a)
A registered apprenticeship in a craft; or
(b)
The equivalent of an apprenticeship in length and content of work experience and all requirements in the apprenticeship standards for a craft.
(13)
Nonjoint Apprenticeship Sponsor.
(a)
“Nonjoint apprenticeship sponsor” means an apprenticeship program sponsor in which a bona fide collective bargaining agent does not participate.
(b)
“Nonjoint apprenticeship sponsor” includes:
(i)
An individual nonjoint sponsor which is an apprenticeship program sponsored by one employer without participation of a union; and
(ii)
A group nonjoint sponsor which is an apprenticeship program sponsored by two or more employers without the participation of a union.
(14)
“On-the-job training” means that segment of apprenticeship which can be obtained only on the job site.
(15)
“Probationary period” means the period of time in an apprenticeship contract in which a party to the apprenticeship agreement may cancel the contract without cause.
(16)
“Registration of an apprenticeship program” means the acceptance and recording of the program and issuance of a certificate of registration by the Maryland Apprenticeship and Training Council as meeting the basic standards and requirements of the Council.
(17)
“Related instruction” means an organized and systematic form of instruction designed to provide knowledge of the theoretical and technical subjects related to the trade.
(18)
“Secretary” means the Secretary of Labor or a person specifically designated by the Secretary.
(19)
“Sponsor” means an individual, association, committee, organization, or employer in whose name or title the program is or is to be registered.
(20)
“State purposes” means:
(a)
A State contract, grant, agreement, or arrangement dealing with apprenticeship; and
(b)
State financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference, or right pertaining to apprenticeship.
(21)
“Time-based approach” means a method that measures skill acquisition through the individual apprentice’s completion of at least 2,000 hours of on-the-job learning as described in a work process schedule.
Regulation .03 Eligibility and Procedure for Registration.LinkCopy Citation
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.
Regulation .04 Criteria for an Apprenticeable Occupation.LinkCopy Citation
An apprenticeable occupation is a skilled trade that:
A.
Is customarily learned in a practical way through on-the-job training;
B.
Can be clearly identified and commonly recognized throughout an industry;
C.
Is not a part of an occupation previously recognized by the Council as apprenticeable unless that part is practiced industrywide as an identifiable and distinct trade;
D.
Involves manual, mechanical, or technical skills and knowledge, which require a minimum of 2,000 hours of work and on-the-job training, not including the hours spent on related instruction;
E.
Requires related instruction supplemental to the on-the-job training which may be given:
(1)
In a classroom,
(2)
Through correspondence courses,
(3)
By self-study, or
(4)
By other means of instruction approved by the Council; and
F.
Involves the development of a skill which is not restricted in application to the products of any one company, but which is broad enough to be applied in similar occupations throughout an industry.
Regulation .05 Standards of an Apprenticeship Program.LinkCopy Citation
A.
The apprenticeship program shall be an organized, written plan which includes the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation.
B.
A sponsor of an apprenticeship program shall operate in accordance with or abide by the standards of the apprenticeship program.
C.
Apprenticeship program standards shall include the following:
(1)
The equal opportunity pledge prescribed in the Maryland State Plan for Equal Employment Opportunity in accordance with COMAR 09.12.42.04A;
(2)
If applicable, an affirmative action plan in accordance with COMAR 09.12.42.04A;
(3)
A selection method authorized in COMAR 09.12.42.06; and
(4)
The requirements of an apprenticeship program in accordance with §D of this regulation.
D.
An apprenticeship program shall include the following provisions:
(1)
The employment and training of the apprentice in a skilled occupation;
(2)
A term of apprenticeship, which for an individual apprentice:
(a)
May be measured through either a time-based approach, a competency-based approach, or a hybrid approach; and
(b)
Is determined by the program sponsor, subject to approval by the Division, with the advice of the Council, depending on which approach is appropriate for the apprenticeable occupation for which the program standards are registered;
(3)
A work processes outline which:
(a)
Includes the allocation of the approximate time to be spent in each major work process, and
(b)
Is an organized syllabus of operations and manual manipulative practices which shall be arranged in a logical manner and assigned sufficient time frames for these practices to equip an apprentice with a comprehensive basic skill development background to qualify for journeyperson or another stated training objective;
(4)
Related instruction requirements as described in §E of this regulation;
(5)
Apprentice wage rates as described in §F of this regulation;
(6)
Progress records as described in §G of this regulation;
(7)
Ratio of journeypersons to apprentices as described in §H of this regulation;
(8)
Probationary period requirements as described in §I of this regulation;
(9)
Safety equipment practices as described in §J of this regulation;
(10)
Minimum age requirements as described in §K of this regulation;
(11)
Placement of an apprentice under an apprenticeship agreement as required by law, with the apprenticeship agreement incorporating the registered standards;
(12)
Credit for experience requirements as described in §L of this regulation;
(13)
Transfer of employer's training obligation to another employer, when warranted, with full credit to apprentice for satisfactory time and training earned;
(14)
Assurance of qualified training personnel;
(15)
Recognition for successful completion of apprenticeship evidenced by a certificate of completion issued by the Council;
(16)
Identification of the Council;
(17)
The registration and cancellation of the apprenticeship program and the prompt submission of any modification or amendment to the apprenticeship program;
(18)
Registration of an apprenticeship agreement, modification, and amendment;
(19)
Notice to the Council of persons who have successfully completed apprenticeship programs and notice and cause of cancellations, suspensions, and termination of apprenticeship agreements;
(20)
A statement that the program will be conducted, operated, and administered in conformity with the Maryland State Plan for Equal Employment Opportunity;
(21)
Name and address of the appropriate authority under the program to receive, process, and make disposition of complaints; and
(22)
Recording and maintenance of all records concerning apprenticeship required by the Council and other applicable law.
E.
Related Instruction.
(1)
A minimum of 144 hours of instruction for each year of apprenticeship or the numbers of hours necessary to cover related courses required by the program sponsor is required.
(2)
Instruction may be provided:
(a)
In a classroom;
(b)
Through trade, industrial, or correspondence courses of equivalent value; or
(c)
Through other forms of approved self-study.
F.
Apprentice Wage Rates.
(1)
A progressively increasing schedule of wages shall be paid to the apprentice.
(2)
Apprentice wage rates established by a collective bargaining agreement shall be accepted by the Council for apprentices covered by the agreement.
(3)
For a program where wage rates are not established by collective bargaining agreements:
(a)
The progressively increasing schedule of apprentice wage rates shall be expressed in percentages of the journeyperson hourly rate;
(b)
Rates shall represent the minimum for each incremental period of apprenticeship;
(c)
The journeyperson hourly rate for each trade included in a registered program shall be the average journeyperson hourly rate applicable to the participant employer and shall be stated in dollars and cents;
(d)
The entry wage may not be less than the State minimum wage, if applicable, unless a higher wage is required by other applicable federal law, State law, or respective regulations; and
(e)
Any modification of wage progression or journeyperson wage shall be promptly reported to the Council.
G.
Progress Records.
(1)
Periodic review and evaluation of an apprentice's progress in job performance and related instruction shall be conducted.
(2)
Appropriate progress records shall be maintained.
(3)
Upon request, progress records shall be submitted to the Council for review.
H.
Ratio of Journeypersons to Apprentices.
(1)
Each program shall have a minimum ratio of one journeyperson regularly employed for one apprentice consistent with proper supervision, training, and continuity of employment and applicable provisions in collective bargaining agreements.
(2)
Deviation from the minimum ratio, including the bargaining agreements, is not permitted unless first submitted to the Council in writing for its approval.
I.
Probationary Period.
(1)
A probationary period covering employment and instruction shall be reasonable in relation to the full apprenticeship term with full credit for the period toward completion of the apprenticeship agreement.
(2)
The probationary period may not exceed 1/4 of the full term of the apprenticeship agreement.
(3)
During the probationary period, upon written notice to the Council, the apprenticeship agreement may be terminated without cause by either party to the agreement.
(4)
After the probationary period, the apprenticeship agreement may be suspended, canceled, or terminated for good cause provided:
(a)
Due notice is given to the apprentice;
(b)
A reasonable opportunity for corrective action is provided; and
(c)
Written notice of the final action is given to the apprentice and the Council.
J.
Safety Equipment Practices.
(1)
The program sponsor shall provide:
(a)
Adequate and safe equipment and facilities for training and supervision; and
(b)
Safety training for apprentices on the job and in related instruction.
(2)
The standards of the apprenticeship program shall include a statement that the instructor, supervisor, journeyperson, or master who is supervising the work of the apprentice is responsible for giving instruction in safe working methods and techniques in each operation as it is encountered in accordance with the Maryland Occupational Safety and Health Law and operating codes for the trade.
K.
Minimum Age.
(1)
An individual entering an apprenticeship agreement shall be 16 years old or older.
(2)
An apprentice younger than 18 years old shall have a work permit.
L.
Advanced Standing or Credit for Previously Acquired Experience, Training, Skills, or Aptitude.
(1)
Upon a showing of satisfactory evidence, advanced standing or credit up to 50 percent of on-the-job training or related instruction, or both, may be granted to an apprentice for previously acquired experience, training, skills, or aptitude, provided that wages shall be commensurate for any progression step of advanced standing or credit awarded.
(2)
In order for a specific apprentice to obtain credit for more than 50 percent of these requirements, the sponsor shall:
(a)
Send a written request to the Council detailing why the credit should be granted; and
(b)
Obtain the explicit written approval of the Council to grant the credit to the apprentice.
(3)
If the request is based on the apprentice's previous experience, training, skills, or aptitude, the request shall detail:
(a)
The number of years of experience, training, skills, or aptitude in the trade; and
(b)
The sponsor's judgment regarding the quality of the apprentice's experience, training, skills, or aptitude in relation to the sponsor's requirements.
(4)
If the request is based on the fact that the apprentice has already completed more than 50 percent of the program but has not been registered, the sponsor shall make an adequate showing of good cause as to why the apprentice was not registered in a timely fashion.
Regulation .06 Certificate of Completion of Apprenticeship.LinkCopy Citation
To receive a certificate of completion of apprenticeship, an apprentice shall successfully complete both the required related instruction and the on-the-job training while in the employ of and under the supervision of a registered apprenticeship program sponsor.
Regulation .07 Apprenticeship Agreement.LinkCopy Citation
A.
The apprenticeship agreement shall be on a form approved by the Council and shall contain:
(1)
The name and signature of the:
(a)
Apprentice;
(b)
Program sponsor; and
(c)
Parent or guardian, if the apprentice is a minor;
(2)
The date of birth of the apprentice;
(3)
The name and address of the program sponsor and registration agency;
(4)
A statement of the trade or craft which the apprentice is to be taught;
(5)
The beginning date and term of apprenticeship;
(6)
A statement showing the number of hours to be spent by the apprentice in:
(a)
Work on the job; and
(b)
Related and supplemental instruction;
(7)
A statement setting forth:
(a)
A schedule of work processes in the trade or industry divisions which the apprentice is to be taught; and
(b)
The approximate time to be spent at each process;
(8)
When the program sponsor has granted credit toward work experience, the credit in relation to the respective work processes;
(9)
The progressive scale of wages to be paid the apprentice and a statement as to whether or not the required time spent at related instruction is compensated;
(10)
Statements providing for a reasonable period of probation in relation to the apprenticeship term;
(11)
A reference incorporating, as part of the agreement, the standards of the apprenticeship program as it exists on the date of the agreement and as it may be amended during the period of the agreement;
(12)
A statement that the apprentice shall be given equal opportunity in all phases of apprenticeship employment and training without discrimination because of political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability;
(13)
A statement that the Council is the appropriate authority designated under the program to receive, process, and make disposition of controversies or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the established trade procedure or applicable collective bargaining provisions; and
(14)
A statement that, if the registration of the program has been canceled or revoked, the apprentice shall be notified by the sponsor within 15 days of the cancellation or revocation.
B.
The apprentice shall be given an opportunity to read the sponsor's approved standards before signing the apprenticeship agreement.
Regulation .08 Standards for Hours of Work, Working Conditions, and Related Instruction Facilities.LinkCopy Citation
A.
Hours of Work.
(1)
The regular work day and work week for apprentices shall conform to all applicable laws and regulations.
(2)
Overtime may not:
(a)
Interfere with or impair training; or
(b)
Be detrimental to the health and safety of an apprentice.
B.
Working Conditions.
(1)
Working and all other conditions of employment for an apprentice shall conform with all laws and regulations affecting the health, welfare, and safety of the apprentice.
(2)
An apprentice shall:
(a)
Work under and with competent journeypersons or instructors; and
(b)
Be assigned to work and learn tasks so that the apprentice obtains the diversified training on the job provided for in the apprenticeship standards.
C.
Related Instruction Facilities.
(1)
Program sponsors are encouraged to use existing local public vocational school facilities in formulating and establishing courses of related instruction.
(2)
Alternative facilities are acceptable as meeting the related instruction requirement if:
(a)
Public vocational school facilities are not available or not suitable; or
(b)
The sponsors prefer to use:
(i)
Private educational facilities existing within a trade or an industry,
(ii)
Supervised self-study courses, or
(iii)
The facilities of a private or public institution of higher learning.
Regulation .09 Responsibilities of the Sponsor.LinkCopy Citation
The sponsor shall:
A.
Recruit and interview applicants, schedule testing, instruct applicants on completing applications, and brief applicants for interviews;
B.
Keep application records up to date;
C.
Indoctrinate new apprentices, assign apprentices for training, and recommend remedial work, if needed;
D.
Arrange for related instruction;
E.
Assist in the selection of and supervise classroom instructors, supervise the in-class instruction, and conduct workshops for instructors, if applicable;
F.
Prepare and disburse course materials, and revise or update course materials for apprentices, journeypersons, and instructors, if applicable;
G.
Develop, purchase, assemble, and keep in repair all training aids and instructional materials for the classroom, if applicable;
H.
Maintain accurate records on apprentice grades, progress, attendance, and work experience;
I.
Evaluate journeyperson's and employer's reports on apprentices for the full duration of the apprenticeship; and
J.
Evaluate the progress of apprentice work experience and verify and certify work hours, progress, and payroll for those apprentices who are entitled to benefits under the G.I. Bill and other local, State, and federal employment and training programs.
Regulation .10 Apprenticeship Training.LinkCopy Citation
A.
Apprentice training shall be provided by a qualified individual who is in a position to relate directly to the apprentice's work.
B.
The arrangement shall be made known to both the apprentice and the individual to whom supervisory responsibility is delegated.
C.
Qualifications of an Instructor.
(1)
An instructor shall be a capable, practical individual, who is selected or approved by the sponsor or one who is designated with this authority by the apprenticeship committee for the trade.
(2)
The individual conducting the training may be a supervisor, a journeyperson, or the owner.
Regulation .11 Records and Reports.LinkCopy Citation
A.
A program sponsor shall keep, in a manner and form as required by the Council, adequate records of all phases of the operation of the apprenticeship program, including, but not limited to:
(1)
Job assignments;
(2)
Promotion;
(3)
Demotion;
(4)
Layoff or termination;
(5)
Rates of pay or other forms of compensation or conditions of work; and
(6)
Any other records pertinent to a determination of compliance with Labor and Employment Article, Title 11, Subtitle 4, Annotated Code of Maryland.
B.
In addition to information provided during regular field inspections, each program sponsor and each apprentice shall promptly submit reports to the Director as the Council in its discretion may require.
C.
Reports shall be made on forms prescribed by the Council.
Regulation .12 Financial Aspects of the Program Sponsor.LinkCopy Citation
The Council shall have reasonable proof and assurance that the program sponsor has adequate financial means to ensure the successful completion of the apprenticeship.
Regulation .13 Inactive Program Status.LinkCopy Citation
A.
If a registered program sponsor does not have a registered apprentice involved in an on-the-job training or related instruction activity for a 1-year period, the Council shall:
(1)
Place the program in inactive status; and
(2)
Notify the sponsor of the inactive status.
B.
An inactive program may be reactivated:
(1)
Within a 1-year period after placement in inactive status, by the sponsor registering a new apprentice; or
(2)
After a 1-year period, by the Council, after a review to ensure that the following are current with industry practice:
(a)
Standards,
(b)
Work processes, and
(c)
Related instruction.
Regulation .14 Deregistration of a Registered Program.LinkCopy Citation
Deregistration of a program may be carried out on:
A.
The voluntary action of the sponsor by a request for cancellation of the registration; or
B.
Reasonable cause by the Council instituting formal deregistration proceedings in accordance with this regulation.
Regulation .15 Request for Cancellation of Registration.LinkCopy Citation
Upon written request for cancellation by the sponsor, the Council may cancel, in writing, the registration of an apprenticeship program subject to, but not limited to, the following:
A.
The registration is canceled at the sponsor's request with the effective date of the cancellation determined by the Council;
B.
Within 15 days of the date of receipt of cancellation from the Council, the sponsor shall:
(1)
Notify all apprentices:
(a)
Of the cancellation and its effective date,
(b)
That the cancellation automatically deprives the apprentice of individual registration, and
(c)
That the deregistration of the program removes the apprentice from coverage for State and federal purposes; and
(2)
Submit the names and addresses of the apprentices affected in writing to the Council.
Regulation .16 Formal Deregistration.LinkCopy Citation
A.
Reasonable Cause. Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, and administered in accordance with the registered provisions or the requirements of this chapter. Deregistration proceedings for violation of equal opportunity requirements are processed in accordance with the provisions of COMAR 09.12.42.
B.
Voluntary Correction.
(1)
In its discretion, the Council may allow the sponsor a reasonable time to achieve voluntary corrective action.
(2)
If, after the time allowed by the Council, the apprenticeship program is not operating in accordance with the registered provisions or requirements, the apprenticeship program shall be deregistered.
C.
Notice of Violations.
(1)
When there is evidence a program is not being operated in accordance with the registered standards, the Council shall notify the program sponsor in writing.
(2)
The notice shall be sent by certified mail with return receipt requested and shall state:
(a)
The violations;
(b)
The remedy required; and
(c)
That a determination of reasonable cause for deregistration will be made unless corrective action is taken within 30 days.
D.
Extension.
(1)
Upon request by the sponsor for cause, the 30-day term may be extended for another 30 to 60 days, as the Council considers reasonable.
(2)
During the period for correction, the sponsor shall be assisted in every reasonable way to achieve conformity.
E.
Failure to Correct. If the required correction is not carried out within the allotted time, the Council shall issue a notice to the sponsor by certified mail, return receipt requested, which specifies:
(1)
That notice is being sent under this subsection;
(2)
That the sponsor has failed or refused to correct certain deficiencies and requested remedial measures;
(3)
The date of the occasions and letters; and
(4)
That based on the stated deficiencies and failure of remedy, a determination of reasonable cause has been made and the program may be deregistered, unless, within 15 days of the receipt of the notice, the sponsor requests a hearing.
F.
If a sponsor does not request a hearing under §E(4) of this regulation, the:
(1)
Director shall transmit to the Council a report containing:
(a)
Pertinent facts and circumstances concerning the nonconformity, including findings and recommendation for deregistration,
(b)
A copy of relevant documents and records, and
(c)
A statement concerning any interview, meeting, or conference, including the time, date, place, and persons present; and
(2)
Council shall make a final order on the basis of the record before them.
G.
Request for Hearing.
(1)
If the sponsor requests a hearing within the time period in §E(4) of this regulation:
(a)
The Director shall submit a report containing the data listed in §F(1) of this regulation to the Office of Administrative Hearings;
(b)
The Council shall request that the Office of Administrative Hearings convene a hearing in accordance with Regulation .19 of this chapter; and
(c)
An administrative law judge shall conduct the deregistration hearing and submit proposed findings of fact and recommended decisions in writing to the Council.
(2)
The Council shall make a final decision on the basis of the record before it.
H.
Notice of Deregistration. In each case in which deregistration is ordered, the Council shall:
(1)
Give public notice of the order; and
(2)
Notify:
(a)
The sponsor,
(b)
All registered apprentices participating in the program, and
(c)
All federal, State, and local agencies involved.
I.
The order of deregistration shall contain a provision that the sponsor, within 15 days of the effective date of the order, shall notify all registered apprentices:
(1)
Of the deregistration of the program;
(2)
Of the effective date;
(3)
That the cancellation automatically deprives the apprentice of individual registration; and
(4)
That the deregistration removes the apprentice from coverage for State and federal purposes.
Regulation .17 Deregistration of Defunct Programs.LinkCopy Citation
A.
A sponsor that has ceased operation of an apprenticeship program without having notified the Council and requested voluntary deregistration in accordance with Regulation .15 of this chapter may be deregistered in accordance with this section.
B.
Verification of Operation.
(1)
If it appears that a program sponsor has ceased operations, gone out of business, or moved out of the State, the Director shall make reasonable efforts to ascertain whether the program sponsor is operating an apprenticeship program.
(2)
The Director shall submit to the Council:
(a)
A report containing all pertinent facts and circumstances concerning the Director's efforts to ascertain whether the program sponsor has ceased operating an apprenticeship program; and
(b)
Copies of all relevant documents and records substantiating the Director's efforts.
C.
Notice to Program Sponsor.
(1)
If, based upon the Director's report, the Council determines that the program sponsor has ceased operation, the Council shall notify the program sponsor in writing of the Council's:
(a)
Determination of reasonable cause; and
(b)
Intent to deregister the apprenticeship program.
(2)
Notice of deregistration from the Council shall:
(a)
Be sent by certified mail with return receipt requested to the sponsor's last known address; and
(b)
State that the:
(i)
Program sponsor appears to have ceased operation,
(ii)
Council has made a determination of reasonable cause to deregister the program, and
(iii)
Apprenticeship program is automatically deregistered within 30 days of the date of the notice unless the sponsor, within 15 days of receipt of the notice, requests a hearing under §E of this regulation or provides the Council with evidence of continued business operation in the State, including, but not limited to, a current business address and telephone number as to where the apprenticeship program is being conducted.
D.
Automatic Deregistration.
(1)
If a request for a hearing is not made and evidence of continued business operation in the State is not provided, the apprenticeship program shall be automatically deregistered 30 days from the date of the notice.
(2)
The Council shall:
(a)
Give public notice of the deregistration; and
(b)
Notify all federal, State, and local agencies involved together with any registered apprentices remaining in the apprenticeship program.
E.
Request for Hearing. If the sponsor requests a hearing:
(1)
The Director shall transmit to the Office of Administrative Hearings a report containing all the information listed in §B(2) of this regulation;
(2)
The Council shall request that the Office of Administrative Hearings convene a hearing in accordance with Regulation .19 of this chapter;
(3)
An administrative law judge shall:
(a)
Conduct a deregistration hearing, and
(b)
Submit, in writing to the Council, proposed findings of fact and a recommended decision; and
(4)
The Council shall make a final decision on the basis of the record before it.
F.
Evidence of Continued Operation.
(1)
Instead of requesting a hearing, the sponsor may, within 15 days of receipt of the notice, provide the Council with evidence of continued operation in the State.
(2)
The timely submission of evidence of continued operation in the State is considered a request for a hearing.
(3)
If, after reviewing the evidence presented, the Council determines that the evidence of continued operation is insufficient, the Council shall refer the matter to the Office of Administrative Hearings for a deregistration hearing in accordance with this regulation.
G.
Notice of Deregistration. If, after a hearing, deregistration is ordered, the Council shall:
(1)
Give public notice of the order; and
(2)
Notify:
(a)
The sponsor, and
(b)
All federal, State, and local agencies involved together with any registered apprentices remaining in the apprenticeship program.
H.
Applicable Deregistration Proceedings.
(1)
The deregistration proceedings of this section apply when the Council has reasonable cause to believe the program sponsor is no longer operating.
(2)
If the Council's determination of reasonable cause is made based upon other grounds, deregistration proceedings shall follow the procedures of Regulation .15 of this chapter.
Regulation .18 Reinstatement of Program Registration.LinkCopy Citation
An apprenticeship program deregistered under Regulations .14—.17 of this chapter may be reinstated upon presentation of adequate evidence that the apprenticeship program is operating in accordance with this chapter.
Regulation .19 Hearings.LinkCopy Citation
A.
Notice of Hearing.
(1)
Within 10 days of receipt of a request for hearing, the Council shall request that the Office of Administrative Hearings designate an administrative law judge.
(2)
The administrative law judge shall give reasonable notice of the hearing by certified mail, return receipt requested, to the appropriate sponsor.
(3)
The notice shall include:
(a)
A reasonable date, time, and place of the hearing;
(b)
Reference to the provisions of this subtitle under which the hearing is being held; and
(c)
A concise statement of the matters under which the action forming the basis of the hearing is proposed to be taken.
B.
Conduct of Hearings.
(1)
The administrative law judge shall:
(a)
Regulate the course of the hearing; and
(b)
On the basis of the record:
(i)
Make proposed findings, and
(ii)
Recommend decisions.
(2)
Hearings shall be informally conducted.
(3)
All parties have the right to counsel and a fair opportunity to present the case, including cross-examination as may be appropriate in the circumstances.
C.
Rules of Procedure.
(1)
All hearings shall be public.
(2)
The administrative law judge shall explain the purpose and nature of the hearing.
(3)
The following exhibits shall be introduced:
(a)
The written complaint;
(b)
Acknowledgment of complaint;
(c)
Preliminary investigation; and
(d)
Written request for hearing.
(4)
Rules of evidence in all hearings shall be as set forth in State Government Article, §§10-213 and 10-214, Annotated Code of Maryland.
(5)
A party involved in the complaint may appear at the hearing in person or by counsel.
(6)
All decisions of the Council shall be in writing and given to each party involved.
Regulation .20 Limitation.LinkCopy Citation
Nothing in this chapter or in an apprenticeship agreement shall operate to invalidate:
A.
An apprenticeship provision in any collective bargaining agreement between employers and employees setting up higher apprenticeship standards; or
B.
Special provisions for veterans, minority persons, or females in the standards, apprentice qualifications, or operation of the program or in the apprenticeship agreement, which is not otherwise prohibited by law.
Regulation .21 Complaints.LinkCopy Citation
A.
A complaint concerning discrimination or other equal opportunity matter shall be submitted, processed, and resolved in accordance with the applicable provisions of COMAR 09.12.42.
B.
Except for matters covered under this regulation, any controversy or difference arising under an apprenticeship agreement which cannot be adjusted locally, or which is not covered by a collective bargaining agreement, may be submitted by an apprentice or an authorized representative to the Council for review.
C.
Matters covered by a collective bargaining agreement shall be submitted and processed in accordance with the procedures provided in the agreement.
D.
The complaint shall:
(1)
Be in writing;
(2)
Be signed by the complainant or an authorized representative;
(3)
State specific matters complained of, together with all relevant facts and circumstances;
(4)
Include copies of all pertinent documents and correspondence; and
(5)
Be submitted within 60 days of the final local decision.
E.
Opinion of the Council.
(1)
Based upon investigation of the matters submitted as may be found necessary and the record before it, the Council shall issue an opinion within 90 days after receipt of the complaint.
(2)
During the 90-day period, the Director shall make a reasonable effort to obtain a satisfactory resolution between the parties involved.
(3)
If the complaint is resolved by the Director during the 90-day period, the parties shall be notified that the case is closed.
(4)
If an opinion is issued, copies shall be sent to all interested parties.
F.
This regulation does not prohibit the apprentice from electing to resort to any forum or procedure, other than that of the registration agency, that may be available for the disposition of the complaint, or to institute appropriate court proceedings.
Regulation .22 Waiver.LinkCopy Citation
The Council or the Secretary may waive or vary particular provisions of this chapter to the extent that the waiver is not inconsistent with applicable law.
Chapter annotations
Authority: Labor and Employment Article, §11-405, Annotated Code of Maryland
History: Effective date: April 16, 1975 (2:8 Md. R. 565)
History: Transferred from Department of Licensing and Regulation to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 09.12.22 to COMAR 24.04.02
History: Chapter revised effective December 21, 1992 (19:25 Md. R. 2208)
History: Chapter recodified from COMAR 24.04.02 to COMAR 09.12.43, May 1996
History: Regulation .07 amended effective August 24, 1998 (25:17 Md. R. 1359)
History: Regulations .01—.19 repealed and new Regulations .01—.22 adopted effective March 22, 1999 (26:6 Md. R. 484)
History: Regulation .01 amended effective April 11, 2016 (43:7 Md. R. 448)
History: Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 402)
History: Regulation .05D amended effective April 24, 2017 (44:8 Md. R. 402)
History: Regulation .05H amended effective April 10, 2006 (33:7 Md. R. 668)
History: Regulation .05L amended effective December 11, 2000 (27:24 Md. R. 2199)