16VAC20-21 Regulations Governing the Administration of Apprenticeship Programs in the Commonwealth of Virginia

REGULATIONS

Vol. 31 Iss. 1 - September 08, 2014

TITLE 16. LABOR AND EMPLOYMENT

APPRENTICESHIP COUNCIL

Chapter 21

Final Regulation

REGISTRAR'S NOTICE: The Apprenticeship Council is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia for the changes to the regulation that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. For the changes to the regulation that are necessary to meet the requirements of federal law or regulation, this regulatory action is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do not differ materially from those required by federal law or regulation. The Apprenticeship Council will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 16VAC20-20. Regulations Governing the Administration of Apprenticeship Programs in the Commonwealth of Virginia (repealing 16VAC20-20-10 through 16VAC20-20-110).

16VAC20-21. Regulations Governing the Administration of Apprenticeship Programs in the Commonwealth of Virginia (adding 16VAC20-21-10 through 16VAC20-21-120).

Statutory Authority: § 40.1-118 of the Code of Virginia.

Effective Date: October 8, 2014.

Agency Contact: Beverley G. Donati, Program Director, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], TTY (804) 786-2376, or email [e-mail].

Summary:

Chapter 734 of the 2014 Acts of Assembly amends Virginia law to conform the provisions of Virginia's Voluntary Apprenticeship Program to the mandated requirements of revised federal apprenticeship standards and to ensure that the Department of Labor and Industry continues to be recognized as a State Apprenticeship Agency. To conform to state law and federal regulation, the department is repealing 16VAC20-20 and promulgating 16VAC20-21. Changes include (i) transferring powers currently exercised by the Apprenticeship Council to the Commissioner of Labor and Industry, (ii) amending references to the Apprenticeship Council to refer to the Commissioner of Labor and Industry, and (iii) removing the exemption for apprentices from the Virginia Minimum Wage Act.

CHAPTER 21
REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA

16VAC20-21-10. Purpose.

This chapter establishes procedures and standards for the approval and registration of apprenticeship programs and agreements in accordance with Chapter 6 (§ 40.1-117 et seq.) of Title 40.1 of the Code of Virginia and includes the cancellation and deregistration of apprenticeship programs and apprenticeship agreements, the recognition of the Department of Labor and Industry as the authorized agency for registering apprenticeship programs for certain federal purposes, and other matters relating thereto. It is intended to (i) ensure that all apprenticeship training programs registered with the Department of Labor and Industry are of the highest possible quality in all aspects of on-the-job learning and related instruction, (ii) safeguard the welfare of apprentices, (iii) and provide meaningful employment and relevant training for all apprentices.

16VAC20-21-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrator" means the Administrator, Office of Apprenticeship, United States Department of Labor.

"Apprentice" means a person as defined by § 40.1-120 of the Code of Virginia. All registered individuals are considered apprentices by the department until such time as they have either satisfactorily completed the apprenticeship program or have been canceled by the sponsor from the apprenticeship program.

"Apprenticeship agreement" means a written agreement between an apprentice and a program sponsor that meets the criteria as detailed in § 40.1-121 of the Code of Virginia and 16VAC20-21-50.

"Apprenticeship committee" or "committee" means those persons designated by the sponsor to administer the program. A committee may be either joint or nonjoint as follows:

1. A joint committee is composed of an equal number of representatives of the employer or employers and of the employees represented by a bona fide collective bargaining agent or agents.

2. A nonjoint committee, which may also be known as a unilateral or group nonjoint (which may include employees) committee, has employer representatives but does not have a bona fide collective bargaining agent as a participant.

"Apprenticeable occupation" means an occupation as defined by § 40.1-120 of the Code of Virginia.

"Cancellation" means the termination of the registration or approval status of a program at the request of the sponsor or termination of an apprenticeship agreement at the request of the apprentice.

"Certificate" or "certification" means documentary evidence that the department has (i) established that an individual is eligible for probationary employment as an apprentice under a registered apprenticeship program, (ii) determined that an apprentice has successfully met the requirements to receive an interim credential, or (iii) determined that an individual has successfully completed the apprenticeship.

"Certificate of registration" means the master agreement or other written indicia of an apprenticeship program registered by the department.

"CFR" means the Code of Federal Regulations.

"Commissioner" means the Commissioner of the Virginia Department of Labor and Industry as defined by § 40.1-2 of the Code of Virginia.

"Competency" means the attainment of manual, mechanical, or technical skills and knowledge, as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement.

"Completion rate" means the percentage of an apprenticeship cohort who received a certificate of apprenticeship completion within one year of the projected completion date. An apprentice cohort is the group of individual apprentices registered to a specific program during a one year time frame, except that a cohort does not include the apprentices whose apprenticeship agreement has been canceled during the probation period.

"Construction job site" means new or renovation with an approved building permit, plan of development, contract number, or contractual agreement.

"Coordinator of apprenticeship" means the person designated by the sponsor to perform the duties outlined in the standards of apprenticeship.

"Council" means the Virginia Apprenticeship Council established pursuant to § 40.1-117 of the Code of Virginia.

"Department" means the Virginia Department of Labor and Industry, which shall be the registration agency for federal purposes responsible for (i) registering voluntary programs and apprentices in and for the Commonwealth, (ii) providing technical assistance to such programs and individuals, and (iii) conducting both reviews for compliance with Chapter 6 (§ 40.1-117 et seq.) of Title 40.1 of the Code of Virginia and 29 CFR Parts 29 and 30, as well as quality assurance assessments.

"Electronic media" means media that utilize electronics or electromechanical energy for the end user (i.e., audience) to access the content, and includes but is not limited to electronic storage media, transmission media, the Internet, extranet, lease lines, dial-up lines, private networks, and the physical movement of removable/transportable electronic media or interactive distance learning.

"Employer" means an employer as defined by § 40.1-120 of the Code of Virginia.

"Federal purposes" includes (i) any federal contract, grant, agreement or arrangement dealing with apprenticeship and (ii) any federal financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference, or right pertaining to apprenticeship.

"Interim credential" means a credential issued by the department, upon request of the appropriate sponsor, as certification of the competency attainment by an apprentice.

"Journeyworker" means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. Use of this term may also refer to a mentor, technician, specialist, or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training.

"Nonconstruction job site" means the physical area within the walls where services are offered. This is the location that is identified on the license issued by the licensing board or the political locality.

"Program" means a written plan for apprenticeship conducted or sponsored by an employer, an association of employers, a joint apprenticeship committee, or an organization of employees that contains all terms and conditions for qualification, recruitment, selection, employment, and training of apprentices, as required under Chapter 6 (§ 40.1-117 et seq.) of Title 40.1 of the Code of Virginia and 29 CFR Parts 29 and 30, including but not limited to the requirement for a written apprenticeship agreement.

"Provisional registration" means the one-year initial provisional approval of newly registered programs that meets the required standards for program registration after which program approval may be made permanent, continued as provisional, or rescinded following a review by the department.

"Quality assurance assessment" means a comprehensive review conducted by the department regarding all aspects of an apprenticeship program's performance, including but not limited to determining if (i) apprentices are receiving on-the-job learning in all phases of the apprenticeable occupation, scheduled wage increases consistent with the registered standards, and related instruction through appropriate curriculum and delivery systems and (ii) the department is receiving notification of all new registrations, cancellations, and completions as required in this chapter.

"Registration agency" means the department that is the recognized state apprenticeship agency that has responsibility for registering apprenticeship programs and apprentices, providing technical assistance, and conducting reviews for compliance with 29 CFR Parts 29 and 30 and quality assurance assessments.

"Registration of an apprenticeship agreement" means the acceptance and recording of an apprenticeship agreement by the department as evidence of the apprentice's participation in a particular registered program.

"Registration of an apprenticeship program" means the acceptance, recordation, or approval by the department as meeting the basic standards and requirements for approval of such program for federal purposes. Approval is evidenced by a certificate of registration or other written indicia.

"Related instruction" means an organized and systematic form of instruction designed to provide the apprentice with the knowledge of the theoretical subjects related to the apprentice's occupation. Such instruction may be given in a classroom, through occupational or industrial courses, or by correspondence courses of equivalent value, electronic media, or other forms of self-study approved by the Apprenticeship Council with the input of the department and the Virginia Community College System.

"Sponsor" means any person, employer, association of employers, joint apprenticeship committee, organization of employees, or other organization under whose auspices a program is operated or is in the process of registration or approval.

"Supervision of apprentices" means direction and oversight of apprentices by any supervisor, foreman, journeyworker, or highly skilled mentor who may be counted as a direct supervisor of an apprentice as long as he is of the same trade or occupation as the apprentice.

"Technical assistance" means guidance provided by department staff in the development, revision, amendment, or processing of a potential or current program sponsor's standards of apprenticeship, apprenticeship agreements, or advice or consultation with a program sponsor to further compliance with this chapter or guidance from the USDOL Office of Apprenticeship to the department on how to remedy nonconformity with 29 CFR Part 29.

"Transfer" means a shift of registration of an apprenticeship agreement from one program to another or from one employer within a program to another employer within that same program, where there is agreement between the apprentice and the affected apprenticeship committees or program sponsors.

"Virginia State Plan for Equal Employment Opportunity in Apprenticeship" means the plan adopted by the Virginia Apprenticeship Council on September 28, 1971, for the purpose of providing equal employment opportunity in apprenticeship and that has been approved by the United States Department of Labor as meeting the requirements of 29 CFR Part 30.

"USDOL" means the United States Department of Labor.

"Work processes" means a defined industry-specific skill set that must be mastered by the apprentice in the work environment during the term of the employed apprenticeship.

16VAC20-21-30. Eligibility for registration of programs and agreements.

A. Eligibility for registration of an apprenticeship program for various federal purposes is conditioned upon a program's conformity with the apprenticeship program standards of this chapter. For a program to be determined by the United States Secretary of Labor as being in conformity with the published standards, the program must apply for registration with the department. The determination by the commissioner that the program meets the apprenticeship program standards is effectuated only through such registration.

B. Only an apprenticeship program or agreement that meets all of the following criteria is eligible for registration:

1. Conformity with the requirements of this chapter and the training is in an apprenticeable occupation having the characteristics in 16VAC20-21-40.

2. Conformity with the requirements of the council and the Virginia State Plan for Equal Employment Opportunity in Apprenticeship.

C. Except as provided under subsection D of this section, apprentices must be individually registered under a registered program. Such individual registration may be effected:

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.

D. The name of a person 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 45 days of employment to the department for certification to establish the apprentice as eligible for such probationary employment.

E. The sponsor must notify the department within 45 days of (i) the successful completion of an apprenticeship program, (ii) transfers, (iii) suspensions, and (iv) cancellations of apprenticeship agreements and shall provide a statement of the reasons therefore.

F. Operating apprenticeship programs, when approved by the department, are accorded registration evidenced by a certificate of registration. Programs approved by the department and, as such, complying with the requirements of the council for such programs, must be accorded registration or approval evidenced by a similar certificate or other written indicia.

G. Applications for new programs that the department determines meet the required standards established by the council for program registration must be given provisional approval for a period of one year. The department shall review all new programs for quality and for conformity with the requirements of this chapter at the end of the first year after registration. At that time:

1. A program that conforms with the requirements of this chapter (i) may be made permanent or (ii) may continue to be provisionally approved through the first full training cycle.

2. A program not in operation or not conforming to this chapter during the provisional approval period must be recommended for deregistration procedures.

H. The department must review all programs for quality and for conformity with the requirements of the council and this chapter at the end of the first full training cycle.

1. 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 this chapter must be recommended for deregistration procedures.

2. Any sponsor proposals or applications for modification or change to registered programs must be submitted to the department. The department must make a determination on whether to approve such submissions within 90 days from the date of receipt. If approved, the modification or change will be recorded and acknowledged within 90 days of approval as an amendment 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. 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 manner in the operation of the substantive matters of the apprenticeship program, and such participation is exercised, written acknowledgment of union agreement or evidence of no objection by the union to the registration is required. Where no such participation is evidenced and practiced, the employer or employers' association must simultaneously furnish to an existing union that 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 must provide for receipt of union comments, if any, within 45 days before final action on the application for registration or approval.

J. Where the employees to be trained have no collective bargaining agreement, an apprenticeship program may be proposed for registration by an employer, a group of employers, or an employer association.

16VAC20-21-40. Criteria for apprenticeable occupations.

An apprenticeable occupation is one that is specified by industry and has all of the following characteristics:

1. It involves skills customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning.

2. It is clearly identified and commonly recognized throughout an industry.

3. It involves the progressive attainment of manual, mechanical, or technical skills and knowledge that in the industry standard for the occupation would require the completion of at least 2,000 hours of on-the-job learning to attain.

4. It requires related instruction to supplement the on-the-job learning experience.

16VAC20-21-50. Standards of apprenticeship programs.

A. To be eligible for approval and registration by the department, an apprenticeship program must have an organized written plan (i.e., specific program standards) embodying the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation as defined in this chapter and subscribed to by a sponsor who has undertaken to carry out the apprentice training program.

B. The program standards in the written plan must contain provisions that address:

1. The employment and training of the apprentice in a skilled occupation.

2. The term of apprenticeship, which for an individual apprentice may be measured either through the completion of the industry standard for on-the-job learning (at least 2,000 hours) (time-based approach), the attainment of competency (competency-based approach), or a blend of the time-based and competency-based approaches (hybrid approach).

a. The time-based approach measures skill acquisition through the individual apprentice's completion of at least 2,000 hours of on-the-job learning as described in a work process schedule.

b. The competency-based approach measures skill acquisition through the individual apprentice's successful demonstration of acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job learning component of registered apprenticeship. The program standards must address how on-the-job learning will be integrated into the program, describe competencies, and identify an appropriate means of testing and evaluation for such competencies.

c. The hybrid approach measures the individual apprentice's skill acquisition through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule.

d. The determination of the appropriate approach for the program standards is made by the program sponsor, subject to approval by the department of the determination as appropriate to the apprenticeable occupation for which the program standards are registered.

3. An outline of the work processes in which the apprentice will receive supervised work experience and training on the job and the allocation of the approximate amount of time to be spent in each major process.

4. Organized, related instruction in technical subjects related to the occupation. A minimum of 144 hours for each year of apprenticeship is recommended. This instruction in technical subjects may be accomplished through media such as classroom, occupational or industry courses, electronic media, or other instruction approved by the department. Every apprenticeship instructor must:

a. Meet the Virginia Community College System requirements for an apprenticeship-related instruction instructor, or be a subject matter expert, who is an individual, such as a journeyworker, who is recognized within an industry as having expertise in a specific occupation; and

b. Have training in teaching techniques and adult learning styles, which may occur before or after the apprenticeship instructor has started to provide the related technical instruction.

5. A progressively increasing schedule of wages to be paid to the apprentice consistent with the skill acquired. The entry wage must not be less than the minimum wage prescribed by the Fair Labor Standards Act (29 USC § 206(a)(1)), where applicable, unless a higher wage is required by another federal or state statute, by regulation, or by a collective bargaining agreement.

6. Periodic review and evaluation of the apprentice's performance on the job and in related instruction, and the maintenance of appropriate progress records.

7. A numeric ratio of apprentices to journeyworkers consistent with proper supervision, training, safety, and continuity of employment, and applicable provisions in collective bargaining agreements, except where such ratios are expressly prohibited by the collective bargaining agreements. The ratio language must be specific and clearly described as to its application to the job site, workforce, department, or plant.

8. Provisions concerning the ratio of apprentices to journeyworkers.

a. The minimum numeric ratio of apprentices to journeyworkers shall be 1:1 except as noted in subdivision 9 of this subsection. As part of their apprenticeship standards, individual program sponsors shall propose a ratio of apprentices to journeyworkers consistent with (i) proper supervision training, safety, and continuity of employment; (ii) applicable provisions in collective bargaining agreements; and (iii) applicable requirements of recognized licensing boards or authorities.

b. The department will review and approve all ratio proposals based on the explanation and justification provided by each program sponsor. Consideration will be given, but not limited to, the following factors:

(1) Evidence of ability to assure proper supervision, training, safety, and continuity of employment under the proposed ratio;

(2) The specific nature of the industry and occupation involved;

(3) Proposed hiring or upgrading of minorities, females, older workers, dislocated workers, ex-offenders, the handicapped, and veterans; or

(4) Evidence of ability to train under the proposed ratio.

If a ratio proposal is disapproved by the department, the sponsor may appeal the decision in writing to the council. The decision of the council shall be final.

9. Provisions concerning Davis-Bacon job sites.

a. Apprenticeship ratio on Davis-Bacon job sites. Effective July 1, 1993, the minimum numeric ratio of apprentices to journeyworkers for individual program sponsors and for individual contractors signatory to joint and nonjoint apprenticeship programs performing work under the Davis-Bacon Act (40 USC § 3141 et seq.) and related federal prevailing wage laws shall be job site specific and shall be as follows:

(1) One apprentice to the first journeyworker (1:1).

(2) Two apprentices to the first two journeyworkers (2:2).

(3) Two apprentices to the first three journeyworkers (2:3).

(4) Two apprentices to the first four journeyworkers (2:4).

(5) Two apprentices to the first five journeyworkers (2:5).

(6) Three apprentices to the first six journeyworkers (3:6).

(7) One additional apprentice for each two journeyworkers thereafter (3:7, 4:8, 5:10, 5:11, 6:12, etc.).

The ratio for service trucks on Davis-Bacon job sites shall be one apprentice to one journeyworker.

Bids submitted for Davis-Bacon work on or after July 1, 1993, must observe the minimum ratio requirements.

These ratio provisions shall apply until either the Congress of the United States or the USDOL mandates different or uniform ratios for Davis-Bacon work.

b. Other requirements related to Davis-Bacon job sites. Sponsors shall notify the department within 30 days of receipt of a citation alleging a violation of the Davis-Bacon Act affecting any apprentice. The notice must be in a form specified by the policies of the department. Failure to report citations shall be an omission for which the department may consider requiring a remedial action plan or deregistration of the sponsor's program.

The department may deregister sponsors who receive final orders of the USDOL or the courts confirming willful or repeated violations of the Davis-Bacon Act affecting registered apprentices.

10. A probationary period reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of apprenticeship. The probationary period cannot exceed 25% of the length of the program or one year, whichever is shorter.

11. Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction.

12. The minimum qualifications required by a sponsor for persons entering the apprenticeship program, with an eligible starting age not less than 16 years.

13. The placement of an apprentice under a written apprenticeship agreement that meets the requirements of applicable federal or state statutes or regulation of the department. The agreement must directly or by reference incorporate the standards of the program as part of the agreement.

14. The granting of advanced standing or credit for demonstrated competency, acquired experience, training, or skills for all applicants equally, with commensurate wages for any progression step so granted.

15. The transfer of an apprentice between apprenticeship programs and within an apprenticeship program, which must be based on agreement between the apprentice and the affected apprenticeship committees or program sponsors and must comply with all of the following requirements:

a. The transferring apprentice must be provided a transcript of related instruction and on-the-job learning by the committee or program sponsor.

b. Transfer must be to the same occupation.

c. A new apprenticeship agreement must be executed when the transfer occurs between program sponsors.

16. Assurance of qualified training personnel and adequate supervision on the job.

17. Recognition for successful completion of apprenticeship evidenced by an appropriate certificate issued by the department.

18. Program standards that utilize the competency-based or hybrid approach for progression through an apprenticeship and that choose to issue interim credentials, which must (i) clearly identify the interim credentials, (ii) demonstrate how these credentials link to the components of the apprenticeable occupation, and (iii) establish the process for assessing an individual apprentice's demonstration of competency associated with the particular interim credential. Further, interim credentials must only be issued for recognized components of an apprenticeable occupation, thereby linking interim credentials specifically to the knowledge, skills, and abilities associated with those components of the apprenticeable occupation.

19. Identification of the department as the registering agency.

20. Provision for the registration, cancellation, and deregistration of the program, and for the prompt submission of any program standard modification or amendment to the department for approval.

21. Provision for the registration of apprenticeship agreements modifications and amendments; notice to the department of persons who have successfully completed apprenticeship programs; and notice of transfers, suspensions, and cancellations of apprenticeship agreements and a statement of the reasons therefore.

22. The authority for the cancellation of an apprenticeship agreement during the probationary period by either party without stated cause. Cancellation during the probationary period will not have an adverse impact on the sponsor's completion rate.

23. Compliance with 29 CFR Part 30, including the equal opportunity pledge prescribed in 29 CFR 30(b); an affirmative action plan complying with 29 CFR 30.4; and a method for the selection of apprentices authorized by 29 CFR 30.5, or compliance with parallel requirements contained in a state plan for equal opportunity in apprenticeship adopted in conformity with 29 CFR Part 30 and approved by the department. The apprenticeship standards must also include a statement that the program will be conducted, operated, and administered in conformity with applicable provisions of 29 CFR Part 30, as amended, or, if applicable, an approved state plan for equal opportunity in apprenticeship.

24. Contact information, including name, address, telephone number, and email address if appropriate, for the appropriate individual with authority under the program to receive, process, and make disposition of complaints.

25. Recording and maintenance of all records concerning apprenticeship as may be required by the department or by law.

16VAC20-21-60. Program performance standards.

A. Every registered apprenticeship program must have at least one registered apprentice, except for the following specified periods of time, which may not exceed one year:

1. Between the date when a program is registered and the date of registration of its first apprentice; or

2. Between the date that a program graduates an apprentice and the date of registration for the next apprentice in the program.

B. The department must evaluate performance of registered apprenticeship programs.

1. The tools and factors to be used must include, but are not limited to:

a. Quality assurance assessments.

b. Virginia State Plan for Equal Employment Opportunity (EEO) in Apprenticeship Compliance Reviews.

c. Completion rates.

2. Any additional tools and factors used by the department in evaluating program performance must adhere to the goals and policies of the department articulated in this chapter and in guidance issued by the USDOL, Office of Apprenticeship.

a. In order to evaluate completion rates, the department must review a program's completion rates in comparison to the national average for completion rates. Based on the review, the department must provide technical assistance to programs with completion rates lower than the national average.

b. Cancellation of apprenticeship agreements during the probationary period will not have an adverse impact on a sponsor's completion rate.

16VAC20-21-70. Apprenticeship agreements.

The apprenticeship agreement must contain explicitly or by reference:

1. Names and signatures of the contracting parties (apprentice and the program sponsor or employer) and the signature of a parent or guardian if the apprentice is a minor.

2. The date of birth and, on a voluntary basis, social security number of the apprentice.

3. Contact information of the program sponsor and the department.

4. A statement of the occupation in which the apprentice is to be trained and the beginning date and term (duration) of apprenticeship.

5. A statement showing:

a. The number of hours to be spent by the apprentice in work on the job in a time-based program; a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job learning component; or the minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of the hybrid program.

b. The number of hours to be spent in related instruction in technical subjects related to the occupation, which is recommended to be not less than 144 hours per year.

6. A statement setting forth a schedule of the work processes in the occupation or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process.

7. A statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated.

8. Statements providing:

a. For a specific period of probation, which cannot exceed 25% of the length of the program or one year, whichever is shorter, during which the apprenticeship agreement may be canceled by either party to the agreement upon written notice to the department, without adverse impact on the sponsor.

b. That, after the probationary period, the agreement may be:

(1) Canceled at the request of the apprentice; or

(2) Suspended or canceled by the sponsor, for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and to the department of the final action taken.

9. A reference incorporating as part of the agreement the standards of the apprenticeship program as they exist on the date of the agreement and as they may be amended during the period of the agreement.

10. A statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, religion, national origin, or sex.

11. Contact information (name, address, phone, and email address if appropriate) of the appropriate authority designated under the program to receive, process, and make disposition of controversies or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the established procedure or applicable collective bargaining provisions.

16VAC20-21-80. Procedure for deregistration of a registered program.

A. Deregistration of a program may be effected (i) upon the voluntary action of the sponsor by submitting a request to the department for cancellation of the registration in accordance with subsection B of this section or (ii) upon reasonable cause, by the department instituting formal deregistration proceedings in accordance with subsection C of this section.

B. Deregistration at the request of the sponsor. The department may cancel the registration of an apprenticeship program by written acknowledgment of such request stating the following:

1. The registration is canceled at the sponsor's request and the effective date thereof.

2. That, within 15 days of the date of the acknowledgment, the sponsor will notify all apprentices of such cancellation and the effective date; that such cancellation automatically deprives the apprentice of individual registration; that the deregistration of the program removes the apprentice from coverage for federal purposes that require the commissioner's approval of an apprenticeship program; and that all apprentices are referred to the department for information about potential transfer to other registered apprenticeship programs.

C. Deregistration upon reasonable cause.

1. Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, or administered in accordance with the program's registered provisions or the requirements of this chapter, including not but limited to (i) failure to provide on-the-job learning; (ii) failure to provide related instruction; (iii) failure to pay the apprentice a progressively increasing schedule of wages consistent with the apprentice's skills acquired; or (iv) persistent and significant failure to perform successfully. Deregistration proceedings for violation of equal opportunity requirements must be processed in accordance with the provisions under 29 CFR Part 30. For purposes of this section, persistent and significant failure to perform successfully occurs when a program sponsor:

a. Consistently fails to register at least one apprentice.

b. Shows a pattern of poor quality assessment results over a period of several years.

c. Demonstrates an ongoing pattern of very low completion rates over a period of several years.

d. Shows no indication of improvement in the areas identified by the department during a review process as requiring corrective action.

2. Where it appears the program is not being operated in accordance with the registered standards or with requirements of this chapter the department must notify the program sponsor in writing.

3. The notice sent to the program sponsor's contact person must:

a. Be sent by registered or certified mail with return receipt requested or by personal service.

b. State the shortcoming and the remedy required.

c. State that determination of reasonable cause for deregistration will be made unless corrective action is effected within 30 days.

4. Upon request by the sponsor for good cause, the department may extend the 30-day term for an additional 30 days. During the period for corrective action, the department, within available resources, must assist the sponsor in every reasonable way to achieve conformity.

5. If the required correction is not effected within the allotted period for corrective action, the department must send a notice to the sponsor, by registered or certified mail with return receipt requested or by personal service, stating the following:

a. The notice is sent under this section.

b. Certain deficiencies were called to the sponsor's attention (enumerating them and the remedial measures requested, with the dates of such occasions and letters), and that the sponsor has failed or refused to effect correction.

c. Based upon the stated deficiencies and failure to remedy them, a determination by the department has been made that there is reasonable cause to deregister the program and the program may be deregistered unless, within 15 days of the receipt of the notice, the sponsor requests a hearing with the Office of Apprenticeship, USDOL.

d. If the sponsor does not request a hearing, the entire matter will be submitted to the Administrator, Office of Apprenticeship, USDOL, for a decision on the record with respect to deregistration.

6. If the sponsor does not request a hearing, the department will transmit to the administrator a report containing all pertinent facts and circumstances concerning the nonconformity, including the findings and recommendation for deregistration, and copies of all relevant documents and records. Statements concerning interviews, meetings, and conferences will include the time, date, place, and persons present. The administrator will make a final order on the basis of the record presented.

7. If the sponsor requests a hearing, the department will submit to the administrator a report containing all the data listed in this section, and the administrator will refer the matter to the Office of Administrative Law Judge of USDOL. An administrative law judge will convene a hearing in accordance with 29 CFR 29.10.

8. The sponsor must, within 15 days of the effective date of the orders of deregistration, notify all registered apprentices of the deregistration of the program; the effective date thereof; that such cancellation automatically deprives the apprentice of individual registration; that the deregistration removes the apprentices from coverage for federal purposes that requires the commissioner's approval of an apprenticeship program; and that all apprentices are referred to the department for information about potential transfer to other registered apprenticeship programs.

16VAC20-21-90. Reinstatement of program registration.

Any apprenticeship program deregistered under 16VAC20-21-80 may be reinstated upon presentation of adequate evidence that the apprenticeship program is operating in accordance with this chapter. Such evidence must be presented to the department.

16VAC20-21-100. Hearings for deregistration.

All hearings for deregistration will be held by USDOL in accordance with 29 CFR 29.10.

16VAC20-21-110. Limitations.

Nothing in this chapter or in any apprenticeship agreement will operate to invalidate:

1. Any apprenticeship provision in any collective bargaining agreement between employers and employees establishing higher apprenticeship standards.

2. Any special provision for veterans, minority persons, or women in the standards, the apprentice qualifications, the operation of the program, or the apprenticeship agreement, which is not otherwise prohibited by any federal or state statute, regulation, or executive order.

16VAC20-21-120. Complaints.

A. This section is not applicable to any complaint concerning discrimination or other equal employment opportunity matters; all such complaints must be submitted, processed, and resolved in accordance with applicable provisions of the Virginia State Plan for Equal Employment Opportunity in Apprenticeship.

B. Except for matters described in subsection A of this section, any controversy, difference, or discrepancy arising under an apprenticeship agreement that cannot be adjusted, abated, or otherwise resolved locally by the parties and that is not covered by a collective bargaining agreement, may be submitted by an apprentice or the apprentice's authorized representative to the department for review. Matters covered by a collective bargaining agreement are not subject to such review.

C. The complaint must be in writing and signed by the complainant or authorized representative and must be submitted within 60 days of any final local decision. It must set forth the specific matter complained of, together with relevant facts and circumstances. Copies of pertinent documents and correspondence must accompany the complaint.

D. The department will render an opinion within 90 days after receipt of the complaint, based upon such investigation of the matters submitted as may be found to be necessary and the record before it. During the 90-day period, the department will make reasonable efforts to effect a satisfactory resolution between the parties involved. If so resolved, the parties will be notified that the case is closed. Where departmental efforts yield no resolution, an opinion is rendered and disseminated to all interested parties.

E. A party dissatisfied with the opinion of the department may file a petition for review with the Office of Apprenticeship, USDOL, specifically identifying the controversy, difference, discrepancy, or decision that is at issue. A copy of the petition for review must be concurrently sent to the department.

F. Nothing in this section precludes an apprentice from pursuing any other remedy authorized under another federal, state, or local law.

VA.R. Doc. No. R14-4084; Filed August 4, 2014, 8:06 a.m.