N.Y. Comp. Codes R. & Regs. tit. 12 § 601.15

Current through Register Vol. 46, No. 22, May 29, 2024

Section 601.15 - Reciprocal approval

(a) A sponsor whose program has been registered with another state registration agency or the Federal office of apprenticeship, and which has been made permanent or has passed probation, may seek reciprocal approval from the department. When reviewing an application for reciprocal approval, the department will look for the following:

(1) the sponsor is not ineligible to seek reciprocal approval pursuant to subdivision (g) of this section;

(2) the sponsor submitted a complete application;

(3) the sponsor submitted proof of coverage for State unemployment, disability, and workers' compensation insurance coverage;

(4) the sponsor's original registration agency has verified the information in the sponsor's application is correct with regard to the original registration state;

(5) the sponsor submits an acceptable plan for providing any in-state related and supplemental instruction, not related and supplemental instruction that is provided in the original registration state or via electronic media under a plan approved by the original state;

(6) the sponsor submits copies of registration documents for any out-of-state apprentices that may work in the State, and a list of any signatories that may work in the State including name(s), address(es), and Federal employer identification number(s);

(7) the department does not find any omissions or inaccuracies in the information provided in the application; and

(8) if the trade is in the construction industry, neither the sponsor, nor one of the sponsor's submitted signatories has been debarred from bidding public work projects in any state or with the Federal government.

(b) Application denials may be appealed pursuant to article 78 of the Civil Practice Rules and Regulations (CPLR), but only if brought within 30 days of the date of such denial.

(c) Sponsors in the construction industry that are granted reciprocal approval are considered registered in New York State only to the extent that they work on projects funded, in whole or in part, with Federal money. Such projects shall include those which take place on Federal property. Work on all such projects shall be subject to State determined apprentice rates of pay and apprentice/journeyworker ratios. Work on State and municipal prevailing wage projects that include Federal monies are, among other things, subject to articles 8 and 9 of the Labor law and Chapter III of this Title.

(d) Apprentices of sponsors granted reciprocal approval, whose registration documentation has been filed with the State shall be considered registered, except as to apprentices in the construction industry. Apprentices in the construction industry are registered for Federal purposes only.

(e) Updates. Sponsors shall update their lists of apprentices and/or signatories with the department prior to the commencement of work by any such apprentice or signatory in this State.

(f) New work location or project. Prior to the commencement of work by an apprentice on a new construction site/project, or at a new employment location, the sponsor shall notify the department of the new work location or project.

(g) Recertification. Reciprocal approval shall be granted for two-year periods. Sponsors seeking to continue reciprocal approval must reapply biennially.

(h) Ineligibility.

(1) Sponsors and their signatories found to have violated State or Federal labor laws, including any of the following acts, may have their reciprocal approval withdrawn and may be found ineligible to reapply for reciprocal approval for a period of five years for:

(i) working apprentices out of ratio;

(ii) working unregistered apprentices;

(iii) working unregistered signatories;

(iv) failing to notify the department of a new work location or project;

(v) underpaying prevailing (articles 8 and 9 of the Labor Law), Davis-Bacon ( 40 U.S.C. sections 3141 - 48 ), or other required wages; or

(vi) maintaining an unsafe work site.

(2) Sponsors found to be ineligible for reciprocal approval shall have a right to a hearing, if requested within 10 days of the date of notice, pursuant to Part 701 of this Title and the State Administrative Procedure Act.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 601.15