Cal. Code Regs. Tit. 8, § 212.2 - Eligibility and Procedure for DAS Approval of an Apprenticeship Program
(a) To be eligible
for approval, a program must comply with all applicable federal and state law
and regulations. A revision to change the program's occupation or to change the
program's geographic area of operation to include a different labor market area
is subject to the same application and approval process set out in (a)-(j) of
this section for approval of a program, including providing notice of the
proposed revision and an opportunity for comment to existing programs in the
same apprenticeable occupation in the labor market area. The program sponsor
shall submit to the Chief DAS, an application for approval of the program and
shall provide the program standards and, either with the application or during
the application review process, evidence of:
(1) commitment to provide safe work site
facilities and safe equipment sufficient to train the apprentices;
(2) commitment to provide skilled workers as
trainers at the work site who meet the criteria for journeyworker or instructor
as defined in Section
205(a) or
(b);
(3) adequate arrangements for related and
supplemental instruction pursuant to Labor Code section
3074;
(4) ability to offer training and supervision
in all work processes of the apprenticeable occupation;
(5) the program sponsor's ability, including
financial ability, and commitment to meet and carry out its responsibility
under the federal and state law and regulations applicable to the
apprenticeable occupation and for the welfare of the apprentice.
(6) apprenticeship programs in the building
and construction trades industry shall also submit the following as a condition
for approval by the Chief DAS:
(A) a written
plan that sets out the number of new apprentices the applicant seeks to enroll
during the next five years in the new or expanded program, the number of
employers that have agreed to participate, and the number of journeyworkers
that each employer employed in the past 12 months;
(B) financial information consisting of
(i) a budget for training that covers income
and proposed funding sources, expenses, including personnel, instruction,
facilities, and insurance (including workers' compensation);
(ii) a detailed explanation of how sufficient
funding will be provided to meet the budget; and
(iii) if the program will rely on member
participation, the number of participants and the required financial obligation
for each participant;
(C)
a written plan providing a reasonable timetable to obtain sufficient additional
employer participation during the first five years after approval to employ the
new apprentices.
(D) evidence that
the applicant has or will obtain adequate classroom facilities for related and
supplemental instruction before it begins operation, subject to the following.
(i) If the curriculum provides for hands-on
instruction, the facilities must be adequate to replicate the on-the-job
experience; and
(ii) No apprentice
shall be enrolled in the program unless and until the Chief DAS, or the Chief's
representative, has personally inspected and approved the facilities, either
prior to or within six months after the approval of the
program.
(E) a plan for
the recruitment and selection of new apprentices that shall include advertising
of the new apprenticeship opportunities within the geographic area and outreach
to organizations that promote apprenticeship opportunities to women and
minorities.
(b)
The training must be in an apprenticeable occupation as defined in Section
205(c) and must
conform to the requirements of Section
215 concerning equal opportunity in
apprenticeship.
(c) Within 30 days
after receipt of an application for approval of a program, or for approval of
amendments to program standards, including any change to include new work
processes or to revise the program's geographic area of operation to include a
different labor market area, the Chief DAS shall notify the sponsor in writing
either that:
(1) the application is complete
and accepted for filing; or
(2) the
application is incomplete and specified additional information is
required.
(d) Where a
collective bargaining agreement exists, a program shall be jointly sponsored
unless either party to the agreement waives its right to representation in
writing.
(e) If the standards or
collective bargaining agreement of a program proposed by an employer or
employers' association provide for participation by a union in the operation of
the program, the sponsor shall provide evidence that the union accepts or does
not oppose the program. The union may submit comments on the proposed program
within thirty days after receipt of the proposed standards. The Chief DAS may,
in his or her discretion, consult with such union concerning the proposed
program.
(f) If the standards and
collective bargaining agreement of a program proposed by an employers'
association do not provide for participation by a union in the operation of the
program, the sponsor shall serve a copy of the proposed standards and any
supplement thereto on the union, if any, which is the collective bargaining
agent of the employees to be trained. The union may submit comments on the
proposed program within thirty days after receipt of the completed standards.
The Chief DAS may, in his or her discretion, consult with such union concerning
the proposed program.
(g) Upon
determination that an application is complete and accepted for filing pursuant
to subsection (c), the DAS shall post notice of the application and a copy of
the proposed standards on its website, together with information on how
interested parties may submit comments on the application or standards. These
items shall remain posted for a minimum of 30 days prior to any decision by the
Chief DAS to approve or reject the application.
(h) The Chief DAS may, in his or her
discretion, hold a hearing on any issue relating to the compliance of a
proposed program with federal and state law and regulations. The Chief shall
provide notice of, and an opportunity to attend, the hearing to the sponsor, to
any union described in subsection (e) or (f), and to any other interested party
who has submitted comments on the application or who has requested notice and
an opportunity to attend any hearing on the application. The hearing shall be
conducted informally without the application of formal rules of evidence or
procedure.
(i) The Chief DAS's
decision whether to approve a program shall be issued within ninety days after
the receipt of the completed application for approval. The decision shall be
provided to the sponsor and posted on the DAS website. The decision shall be in
writing and shall set forth the relevant findings of fact, a discussion of any
issues raised by any comments or at any hearing, and the reasons for the
decision.
(j) If an application is
disapproved due to the applicant's failure to comply with subsection (a)(6)
above, the Chief DAS shall also provide a detailed explanation of the
deficiencies in the application and recommendations for addressing those
deficiencies to obtain program approval. The applicant may then either appeal
the decision pursuant to subsection (k) below or submit a new or amended
application within 90 days of receipt of the Chief's recommendations. The Chief
shall then have 90 days to approve or deny a new or amended application and
shall again provide a detailed explanation of the basis for the decision. If
the new or amended application is again denied, the applicant may file an
appeal pursuant to subsection (k).
(k)
(1) For
building and construction trades and firefighter programs, the Chief DAS's
decision approving or disapproving a proposed program or proposed amendments to
program standards shall be final and become an Order of the Council if no
appeal is filed within 30 days following the posting of the decision on the DAS
website. The appeal may be filed by the sponsor or by any union or other
interested person who was authorized to and did submit comments under this
section;
(2) For any other program,
the Chief's decision approving or disapproving a proposed program or proposed
amendments to program standards shall be final and not subject to further
appeal to the Council unless an appeal has been filed within 30 days following
the posting of the Chief's decision on the DAS website and either of the
following applies:
(A) Within 30 days after
posting of the notice and application pursuant to subsection (g) or such
additional time as the Chief may permit, a party submitted written comments
raising the objection that the program or amendment involves a work process
that may be covered by a building and construction trades or firefighter
program, and the Chief failed to seek and obtain the Council's consent prior to
approving the program or amendment; or
(B) DAS failed to post notice as required by
subsection (g).
(l) The chairperson of the Council shall
refer the appeal, if any, to a three member panel which shall submit a
recommendation to the full Council. The Panel's recommendation shall be
submitted no later than the second regularly scheduled meeting of the Council
after the filing of the appeal. The panel may, in its discretion, hold a
hearing if the Chief did not hold a hearing in the consultation process. The
hearing shall be conducted in compliance with Section
203.
(m) The Council may affirm, reverse, or
modify the decision of the Chief or of the appeal panel. The decision of the
Council on an appeal shall be final.
(n) Posting on the DAS website shall
constitute the only form of notice and service required for providing notice of
an application and copies of proposed standards pursuant to subsection (g) and
for providing notice and a copy of the Chief DAS's decisions pursuant to
subsections (i) and (j). Unless the Chief DAS has authorized a different form
of notice or service, all other documents, notices and appeals filed or served
under this Section shall be filed or served in accordance with Section
229.
Notes
2. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).
3. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).
4. Amendment of section heading and section filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
5. Amendment filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).
6. Amendment of section and NOTE filed 2-9-2021; operative 4-1-2021 (Register 2021, No. 7). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3073, 3073.3, 3075, 3075.5 and 3090, Labor Code.
2. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).
3. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).
4. Amendment of section heading and section filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
5. Amendment filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).
6. Amendment of section and Note filed 2-9-2021; operative
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.