Cal. Code Regs. Tit. 8, § 212.01 - State-Wide Minimum Industry Training Criteria
(a) The California Apprenticeship Council
("Council") may adopt state-wide minimum industry training criteria adopted by
a particular industry training committee established pursuant to the provisions
of this section, unless the particular committee cannot establish such criteria
by its deadline as provided under this section, in which case the CAC may
otherwise determine state-wide minimum industry training criteria to be
utilized in accordance with the provisions of this section.
(b) The following procedures shall be
followed when initially establishing the minimum industry training criteria:
(1) A committee shall be established by the
Chair of the Council for each apprenticeable construction-industry craft or
trade, and may be established by the Chair of the Council for any
apprenticeable non-construction industry craft or trade. The Chair shall
appoint a minimum of eight (8) members in the following categories: two
signatory employer representatives, two non signatory employer representatives,
two signatory employee representatives, and two non signatory employee
representatives. The term of each member shall be three years. The Chair may
appoint additional members in the same proportion. The Chair shall appoint
members from among candidates supplied by the sponsors of apprenticeship
programs approved or proposed for approval under the Shelley-Maloney Apprentice
Labor Standards Act of 1939, Chapter 4 (commencing with Section
3070) of Division 3 of the Labor
Code ("Shelley-Maloney Act") in the particular craft or trade. The Chair shall
notify all programs approved or proposed for approval under the Shelley-Maloney
Act in the particular craft or trade of the Chair's intent to form such
committee or appoint committee members at least 45 days before making such
appointments, and must provide such programs with a period of at least 30 days
within which to submit candidates to the Chair. Where programs do not supply
sufficient candidates in the categories required to the Chair within the period
provided or where there are no programs to supply candidates, the Chair may
select individuals working in the particular craft or trade to complete the
committee. The Chair shall endeavor to appoint members from all segments of the
industry.
(2) Committee action
shall require a two-thirds majority vote of the members in attendance at a duly
constituted meeting. For the purpose of this section, a duly constituted
meeting shall mean that a quorum consisting of a majority of the entire
committee is in attendance.
(3) The
committee shall meet as often as necessary at the call of its chair. The chair
of the committee shall be appointed annually by the Chair of the Council. The
chair of the committee shall rotate between signatory and non signatory
representatives.
(4) The committee
shall establish the state-wide minimum industry training criteria for the trade
or craft for which it was established, the content of which shall encompass all
the requirements of Section
212 of these regulations and the
following topics in addition thereto: length of training, related classroom
instruction, types of work processes and the skills to be learned, on-the-job
training, competency testing, and apprenticeship program completion
percentages. The criteria for the barbering, cosmetology, skin care and nail
care trades shall be consistent with the standards for licensure in these
trades required by the State Board of Barbering and Cosmetology.
(5) The committee shall formulate the
state-wide minimum industry training criteria for the applicable trade or craft
no later than twelve months from the date of its first meeting, unless extended
by the Council. The Council shall endeavor to complete its review of the
criteria by the second regularly scheduled meeting of the Council following the
submission. If the Council does not approve the criteria, the submission shall
be promptly returned to the committee with the Council's written reasons and a
new deadline for resubmission to the Council.
(c) Every three years following the adoption
of a particular set of state-wide minimum industry training criteria, the
particular committee shall meet to review the criteria, and revise it, if
necessary, subject to approval by the Council.
(d) Every apprenticeship program approved or
proposed for approval under the Shelley-Maloney Act in a particular craft or
trade for which state-wide minimum industry training criteria has been adopted
shall conform to such criteria in its operations no later than one (1) year
after adoption of such criteria by the Council.
Notes
2. Amendment of section heading and NOTE filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).
3. Amendment of section heading and section filed 6-19-2007; operative 7-19-2007 (Register 2007, No. 25).
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3073, 3073.2 and 3078, Labor Code.
2. Amendment of section heading and Note filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).
3. Amendment of section heading and section filed 6-19-2007; operative 7-19-2007 (Register 2007, No. 25).
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