260 R.I. Code R. 260-RICR-30-15-5.4

Current through November 7, 2024
Section 260-RICR-30-15-5.4 - Eligibility and Procedure for Council Registration
A. Eligibility for registration of an apprenticeship program for various Federal Purposes is conditioned upon a program's conformity with the apprenticeship program standards published in this part. For a program to be determined by the Secretary as being in conformity with these published standards, the program must apply for registration and be registered with the Office of Apprenticeship or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. The determination by the Secretary that the program meets the apprenticeship program standards is effectuated only through such registration.
B. Only an apprenticeship program or agreement that meets the following criteria is eligible for Department registration:
1. It is in conformity with the requirements of this part and the training is in an apprenticeable occupation having the characteristics set forth in § 5.5 of this Part; and
2. It is in conformity with the requirements of the Office of Apprenticeship regulations on Equal Employment Opportunity in Apprenticeship and Training as incorporated in § 5.2(F) of this Part.
C. Except as provided § 5.4(D) of this Part, apprentices must 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. Subject to Department approval, by filing a master copy of such agreement followed by a listing of the name, and other required data, of each individual, when apprenticed.
3. Such registration shall be made by filing the individual Apprenticeship Agreement with the Department within forty-five (45) calendar days of the date of selection, and shall become effective upon signature by the Department.
a. 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, must be submitted within forty-five (45) days of employment to the Department for certification to establish the apprentice as eligible for such probationary employment, unless prohibited by applicable licensing law.
D. The Department must be notified within forty-five (45) days of persons who have successfully completed apprenticeship programs; and of transfers, suspensions, and cancellations of apprenticeship agreements, including a statement of the reasons therefore.
E. Operating Apprenticeship Programs, when approved by the Department, are provided with registration and/or approval evidenced by a certificate of registration or other similar written indicia.
F. Applications for new programs that the Department determines meet the required standards for program registration must be given provisional approval for a period of one (1) year. The Department must review all new programs for quality and for conformity with the requirements of this part at the end of the first year after registration. At that time:
1. A program that conforms with the requirements of this part may:
a. be made permanent; or
b. continue to be provisionally approved through the first full training cycle.
2. A program not in operation or not conforming to the regulations during the provisional approval period shall be recommended for deregistration procedures.
G. The Department must review all programs for quality and for conformity with the requirements of this part at the end of the first full training cycle. A satisfactory review of a provisionally approved program will result in conversion of provisional approval to permanent registration. Subsequent reviews must be conducted no less frequently than every five years. Programs not in operation or not conforming to the regulations must be recommended for deregistration procedures.
H. Any sponsor proposals or applications for modification(s) or change(s) to registered programs for Apprenticeship Standards must be submitted to the Department. The Department shall determine whether to approve such submissions within ninety (90) days from the date of receipt. If approved, the modification(s) or change(s) will be recorded and acknowledged within ninety (90) days of approval as amendment(s) to such program. If not approved, the sponsor must be notified of the disapproval and the reasons therefore; and provided the appropriate technical assistance.
I. If the Sponsor is involved in any abnormal labor condition such as a strike, lockout, or other similar condition, the application for an apprenticeship program may be withheld until such issue is resolved.
J. If it should be determined by the Department that a Sponsor is in violation of any Federal or State Labor laws, or rules and regulations affecting registration of programs, the application for an apprenticeship program may be withheld until such issues are resolved.
K. 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 matter 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, by a union, is evidenced and practiced, the employer or employers' association shall simultaneously furnish to an existing union, if any, 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 forty-five (45) days before final action on the application for registration and/or approval.
L. 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.

260 R.I. Code R. 260-RICR-30-15-5.4