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09.12.43.00.htm 09.12.43.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 43 Maryland Apprenticeship and Training Authority: Labor and Employment Article, §11-405, Annotated Code of Maryland
09.12.43.01.htm 09.12.43.01. 01 Scope and Purpose.. A. Except as provided in COMAR 09.01.12.01C, these regulations do not apply to youth apprenticeship under Apprenticeship Maryland.B. The purpose of this chapter is to:. 1) Establish guidelines and standards necessary for the development of skilled apprenticeship programs;2) Establish guidelines to protect workers who participate in apprenticeship programs;. 3) Establish labor standards to safeguard the welfare of apprentices; and. 4) Prescribe policies and
09.12.43.02.htm 09.12.43.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Apprentice" means a worker 16 years old or older, who has entered into a voluntary written agreement with a sponsor who has agreed to teach the worker a skilled trade under terms defined in Regulations .04 and .05 of this chapter.2) "Apprenticeship agreement" means a written agreement between an apprentice and the sponsor that defines the relationship a
09.12.43.03.htm 09.12.43.03. 03 Eligibility and Procedure for Registration.. A. Registration of Apprenticeship Program.. 1) An apprenticeship program is eligible for registration by the Council if the:. a) Apprenticeship program conforms with apprenticeship program standards published by the Council;. b) Apprenticeship program provides for training in an apprenticeable occupation meeting the requirements of Regulations .04 and .05 of this chapter;c) Apprenticeship program conforms with the requir
09.12.43.04.htm 09.12.43.04. 04 Criteria for an Apprenticeable Occupation.. An apprenticeable occupation is a skilled trade that:. A. Is customarily learned in a practical way through on-the-job training;. B. Can be clearly identified and commonly recognized throughout an industry;. C. Is not a part of an occupation previously recognized by the Council as apprenticeable unless that part is practiced industrywide as an identifiable and distinct trade;D. Involves manual, mechanical, or technical skill
09.12.43.05.htm 09.12.43.05. 05 Standards of an Apprenticeship Program.. A. The apprenticeship program shall be an organized, written plan which includes the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation.B. A sponsor of an apprenticeship program shall operate in accordance with or abide by the standards of the apprenticeship program.C. Apprenticeship program standards shall include the following:. 1) The equal opportunity
09.12.43.06.htm 09.12.43.06. 06 Certificate of Completion of Apprenticeship.. To receive a certificate of completion of apprenticeship, an apprentice shall successfully complete both the required related instruction and the on-the-job training while in the employ of and under the supervision of a registered apprenticeship program sponsor.
09.12.43.07.htm 09.12.43.07. 07 Apprenticeship Agreement.. A. The apprenticeship agreement shall be on a form approved by the Council and shall contain:. 1) The name and signature of the:. a) Apprentice;. b) Program sponsor; and. c) Parent or guardian, if the apprentice is a minor;. 2) The date of birth of the apprentice;. 3) The name and address of the program sponsor and registration agency;. 4) A statement of the trade or craft which the apprentice is to be taught;.
09.12.43.08.htm 09.12.43.08. 08 Standards for Hours of Work, Working Conditions, and Related Instruction Facilities.. A. Hours of Work.. 1) The regular work day and work week for apprentices shall conform to all applicable laws and regulations.2) Overtime may not:. a) Interfere with or impair training; or. b) Be detrimental to the health and safety of an apprentice.. B. Working Conditions.. 1) Working and all other conditions of employment for an apprentice shall conform with all laws and
09.12.43.09.htm 09.12.43.09. 09 Responsibilities of the Sponsor.. The sponsor shall:. A. Recruit and interview applicants, schedule testing, instruct applicants on completing applications, and brief applicants for interviews;B. Keep application records up to date;. C. Indoctrinate new apprentices, assign apprentices for training, and recommend remedial work, if needed;D. Arrange for related instruction;. E. Assist in the selection of and supervise classroom instructors, supervise the in-class instructio
09.12.43.10.htm 09.12.43.10. 10 Apprenticeship Training.. A. Apprentice training shall be provided by a qualified individual who is in a position to relate directly to the apprentice's work.B. The arrangement shall be made known to both the apprentice and the individual to whom supervisory responsibility is delegated.C. Qualifications of an Instructor.. 1) An instructor shall be a capable, practical individual, who is selected or approved by the sponsor or one who is designated with this authority by
09.12.43.11.htm 09.12.43.11. 11 Records and Reports.. A. A program sponsor shall keep, in a manner and form as required by the Council, adequate records of all phases of the operation of the apprenticeship program, including, but not limited to:1) Job assignments;. 2) Promotion;. 3) Demotion;. 4) Layoff or termination;. 5) Rates of pay or other forms of compensation or conditions of work; and. 6) Any other records pertinent to a determination of compliance with Labor and Employment Article, T
09.12.43.12.htm 09.12.43.12. 12 Financial Aspects of the Program Sponsor.. The Council shall have reasonable proof and assurance that the program sponsor has adequate financial means to ensure the successful completion of the apprenticeship.
09.12.43.13.htm 09.12.43.13. 13 Inactive Program Status.. A. If a registered program sponsor does not have a registered apprentice involved in an on-the-job training or related instruction activity for a 1-year period, the Council shall:1) Place the program in inactive status; and. 2) Notify the sponsor of the inactive status.. B. An inactive program may be reactivated:. 1) Within a 1-year period after placement in inactive status, by the sponsor registering a new apprentice; or2) After a 1-year period,
09.12.43.14.htm 09.12.43.14. 14 Deregistration of a Registered Program.. Deregistration of a program may be carried out on:. A. The voluntary action of the sponsor by a request for cancellation of the registration; or. B. Reasonable cause by the Council instituting formal deregistration proceedings in accordance with this regulation.
09.12.43.15.htm 09.12.43.15. 15 Request for Cancellation of Registration.. Upon written request for cancellation by the sponsor, the Council may cancel, in writing, the registration of an apprenticeship program subject to, but not limited to, the following:A. The registration is canceled at the sponsor's request with the effective date of the cancellation determined by the Council;B. Within 15 days of the date of receipt of cancellation from the Council, the sponsor shall:. 1) Notify all apprentices:.
09.12.43.16.htm 09.12.43.16. 16 Formal Deregistration.. A. Reasonable Cause. Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, and administered in accordance with the registered provisions or the requirements of this chapter. Deregistration proceedings for violation of equal opportunity requirements are processed in accordance with the provisions of COMAR 09.12.42.B. Voluntary Correction.. 1) In its discretion, the Council may allow the sp
09.12.43.17.htm 09.12.43.17. 17 Deregistration of Defunct Programs.. A. A sponsor that has ceased operation of an apprenticeship program without having notified the Council and requested voluntary deregistration in accordance with Regulation .15 of this chapter may be deregistered in accordance with this section.B. Verification of Operation.. 1) If it appears that a program sponsor has ceased operations, gone out of business, or moved out of the State, the Director shall make reasonable eff
09.12.43.18.htm 09.12.43.18. 18 Reinstatement of Program Registration.. An apprenticeship program deregistered under Regulations .14-17 of this chapter may be reinstated upon presentation of adequate evidence that the apprenticeship program is operating in accordance with this chapter.
09.12.43.19.htm 09.12.43.19. 19 Hearings.. A. Notice of Hearing.. 1) Within 10 days of receipt of a request for hearing, the Council shall request that the Office of Administrative Hearings designate an administrative law judge.2) The administrative law judge shall give reasonable notice of the hearing by certified mail, return receipt requested, to the appropriate sponsor.3) The notice shall include:. a) A reasonable date, time, and place of the hearing;.
09.12.43.20.htm 09.12.43.20. 20 Limitation.. Nothing in this chapter or in an apprenticeship agreement shall operate to invalidate:. A. An apprenticeship provision in any collective bargaining agreement between employers and employees setting up higher apprenticeship standards; orB. Special provisions for veterans, minority persons, or females in the standards, apprentice qualifications, or operation of the program or in the apprenticeship agreement, which is not otherwise prohibited by law.
09.12.43.21.htm 09.12.43.21. 21 Complaints.. A. A complaint concerning discrimination or other equal opportunity matter shall be submitted, processed, and resolved in accordance with the applicable provisions of COMAR 09.12.42.B. Except for matters covered under this regulation, any controversy or difference arising under an apprenticeship agreement which cannot be adjusted locally, or which is not covered by a collective bargaining agreement, may be submitted by an apprentice or an authorized rep
09.12.43.22.htm 09.12.43.22. 22 Waiver.. The Council or the Secretary may waive or vary particular provisions of this chapter to the extent that the waiver is not inconsistent with applicable law.
09.12.43.9999.htm 09.12.43.9999. Administrative History Effective date: April 16, 1975 (2:8 Md. R. 565). Transferred from Department of Licensing and Regulation to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 09.12.22 to COMAR 24.04.02Chapter revised effective December 21, 1992 (19:25 Md. R. 2208). Chapter recodified from COMAR 24.04.02 to COMAR 09.12.43, May 1996. Regulation .07 amended effective August 24, 1998 (25:17 Md. R. 1359) ―. Regulations .01―19 repeal
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