N.Y. Comp. Codes R. & Regs. tit. 12 § 601.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 601.4 - Eligibility and procedure for registration

(a) No apprenticeship program shall be eligible for registration by the commissioner unless the commissioner finds that:

(1) it complies with the requirements of this Part;

(2) it complies with the requirements of the commissioner's regulation on "Equal Employment Opportunity in Apprenticeship Training" set forth in section 600.4 of this Title;

(3) the sponsor has agreed to register all apprentices in its employ, or, in the case of group programs, all signatories have agreed to register all of the apprentices in their employ;

(4) the sponsor does not require any applicant to pay an application, processing, or other similar fee unless approved by the department pursuant to section 600.4 of this Title; and

(5) the sponsor has a permanent facility located in New York State, which serves as a base of operations for the program, and where it maintains a plant, office or other facility containing:

(i) employment records, maintained in the ordinary course of the employer's business, documenting work performed by the employer's journeyworkers on job sites within the State of New York;

(ii) office equipment that demonstrates an ongoing administrative operation; and

(iii) the equipment necessary to fully train apprentices for the duration of the training program in accordance with the approved work processes for the trade.

(b) Program application requirements.

(1) Applications for registration of programs shall be submitted for approval on forms prescribed by the department, shall contain the sponsor's agreement to comply with the standards for programs as provided in section 601.5 of this Part, and shall include the sponsor's certification as to the accuracy and completeness of all information supplied in connection with the application. Every sponsor shall submit a completed program registration agreement and sponsor information sheet. Applications for the registration of all group programs (joint and nonjoint) shall:

(i) identify all current signatories to the program by submitting a current list of program signatories' names, addresses, Federal employer identification numbers, or New York State unemployment insurance employer numbers in an electronic format as specified by the department; and

(ii) provide written assurances to the department that the sponsor will hold all signatories to the standards of their program registration agreement.

(2) all applications will be reviewed by the department to determine the sponsor's compliance with State and Federal laws and regulations, provision for equal opportunity in employment and ability to employ, train and instruct apprentices.

(c) Processing of applications.

(1) Violations of State and Federal laws or regulations may be grounds for denial of the application.

(2) Applications shall be rejected if information required on the sponsor information sheet, or required disclosures related thereto, is found to be inaccurate or incomplete, or if the applicant is not of good character and responsibility.

(i) Applications rejected for failing to disclose information required on the sponsor information sheet may be resubmitted within 60 days of the date of denial.

(ii) Rejected applications which are not resubmitted within 60 days, or which upon resubmission the sponsor information sheet, or required disclosures related thereto, is found to be inaccurate or incomplete, may not be resubmitted, nor may the applicant submit a new application, for a period of one year.

(iii) Failing to provide full, accurate, and complete information in an application shall be taken into account in evaluating future program applications.

(3) The department will conduct a review of the applicant's history of liens and judgments to determine if the applicant has shown the type of fiscal responsibility necessary to continue the program through to graduation.

(4) Applicants for all group programs (joint and non-joint) shall make signed copies of their union collective bargaining agreements or group/association membership agreements (agreements) available to the department for review, upon request. Such agreements shall include language that makes the provisions included on the program registration agreement applicable to their signatories, either in the terms of the agreement itself, or in an ancillary agreement that is approved by the department. If the applicant does not have written agreements or approved ancillary agreements with its members, it may submit signed copies of the department's ancillary group-sponsor signatory agreement.

(5) Applicants whose applications are denied shall receive written notification and the grounds for the denial.

(6) A denial of an application for registration of a program may be appealed by filing a written request to the commissioner within 30 days of notification of the denial, stating the reasons why the application should have been granted.

(7) The commissioner may refuse to accept an application for registration if, in his/her judgment, the program, the sponsors, or any of its signatories are unable to conduct the program in accordance with this Part, the Equal Employment Opportunity regulations (Part 600 of this Title) or article 23 of the Labor Law.

(d) Approved apprenticeship programs shall be accorded registration, evidenced by a fully executed program registration agreement.

(e) Any modification or change in the essential elements of a program as indicated in section 601.5(c)(15) of this Part shall be submitted to the commissioner, acknowledged or approved by the commissioner within 90 days of receipt, and recorded as an amendment to the program registration agreement upon approval.

(f) Under a program proposed for registration by an employer or employers' association, which is a party to a collective bargaining agreement:

(1) where employees are represented by a union and the standards, collective bargaining agreement, or other instrument describing the relationship between the parties provides for participation by the union in the program, the employer or employers association shall furnish the union with a copy of its application for registration of the program. The participating union shall provide written acknowledgment of its concurrence by signing the program registration agreement in order for the department to process the application;

(2) where employees are represented by a union but union participation is not sought in establishing the program, the employer or employers' association shall simultaneously furnish the union with a copy of its application for registration of the program when it submits its application to the department. Union comments will be accepted for a period of 45 days from the date that the employer or employers' association transmitted the application to the department. The union may waive its right to submit comments, but must do so in writing.

(g) A written public comment period is required for all new apprenticeship program applications, applications seeking reciprocal approval, proposed new trades, training outlines (i.e., the combined work process and related instruction outline) for new approaches to existing trades, and certain training outline updates. Such updates shall include, but not be limited to, changes to the duration of the program, or the addition or elimination of job skills or related and supplemental instruction topics that are essential to the integrity of the trade.

(1) A list of all such new trades, approaches, training outlines, and applications will be posted on the department's website for a minimum period of 30 calendar days. The posting shall include the U.S. postal and e-mail addresses to which comments may be submitted and the last date by which any public comment must be received.

(2) All comments shall be submitted in writing and shall include: the name, title, and organization name, if applicable, of the party submitting the comment(s). Comments may be submitted via mail or e-mail.

(3) Comments received will not be individually acknowledged, but will be reviewed in connection with the issue in question.

(4) Written comments received will be posted on the department's website at the end of the time period provided, with appropriate redactions to protect privacy and decorum.

(5) Nothing in this section shall be construed as creating an entitlement on the part of the party submitting public comment to further participation in the deliberation or determination regarding the application, trade, or training outline at issue, except as deemed appropriate by the department.

(h) Apprentices submitted for registration after program approval shall be recruited using the approved recruitment method. Programs not registering their first apprentice within six months of program approval shall be deemed deregistered.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 601.4