6A-23.001: Purpose and Scope
6A-23.002: Definitions
6A-23.003: Eligibility and Procedure for Bureau Registration
6A-23.004: Standards of Apprenticeship
6A-23.005: Apprenticeship Agreement
6A-23.006: Deregistration of Bureau Registered Program
6A-23.007: Hearings
6A-23.008: Complaints
6A-23.009: Reinstatement of Program Registration
6A-23.010: Preapprenticeship Programs
6A-23.011: Program Performance Standards
PURPOSE AND EFFECT: The purpose and effect of this series of rule revisions will be to update and repeal unnecessary rules relating to the registered apprenticeship and preapprenticeship programs to align with statutory changes, federal regulatory changes, and needs of the apprenticeship community and labor market.
SUMMARY: This series of rules is being revised to accommodate the transfer of registered apprenticeship to the Department of Education from the Department of Labor and Employment Security. Further, these revisions will reflect the revised federal rules in Title 29 Code of federal regulations, Part 29, aligning state rules with federal rules.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 446.011, 446.032, 446.041 FS.
LAW IMPLEMENTED: 446.021, 446.032, 446.041, 446.052, 446.071, 446.075, 446.081(3), 446.092 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 17, 2010, 11:00 a.m.
PLACE: Miami Dade College Wolfson Campus, 300 N.E. 2nd Avenue, Building 2000, Room 2106, Miami, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Loretta Costin, Chancellor, Career and Adult Education, 325 West Gaines Street, Room 734, Tallahassee, FL 32399, (850)245-9463
THE FULL TEXT OF THE PROPOSED RULE IS:
6A-23.001 Purpose and Scope.
Rulemaking Specific Authority 446.032 FS. Law Implemented 446.032 FS. HistoryNew 6-9-81, Formerly 38C-16.01, Amended 5-29-90, Formerly 38C-16.001, 38H-16.00, Repealed________.
(Substantial rewording of Rule 6A-23.002 follows. See Florida Administrative Code for present text.)
6A-23.002 Definitions.
As used in this rule:
(1) Apprentice means a person at least sixteen (16) years of age who is engaged in learning a recognized skilled trade through actual work experience under the supervision of journeyworkers, which training should be combined with properly-coordinated studies of related technical and supplementary subjects, and who has entered into a written agreement, hereafter called an apprentice agreement, with a registered apprenticeship sponsor who may be either an employer, an association of employers, or a local joint apprenticeship committee.
(2) Apprenticeship Agreement means a written agreement between an apprentice and either his participating employer or an apprenticeship committee acting as agent for participating employer(s), which contains the terms and conditions of the employment and training of the apprentice.
(3) Department means the Florida Department of Education, which is the Registration Agency for federal apprenticeship purposes.
(4) Apprenticeship Representative is an individual representative of the Florida Department of Education, properly authorized to act on behalf of the Department in matters concerning apprenticeship, preapprenticeship, and on-the-job training.
(5) Apprenticeship Standards means the minimum requirements established uniformly for each craft under which an apprenticeship program is administered and includes standards of admission, training goals, training objectives, curriculum outlines, and objective standards to measure successful completion of the apprenticeship program.
(6) Completion Certificate means the official document issued by the Department to an individual completing training as verified by the program sponsor.
(7) Completion Rate means the percentage of an apprenticeship cohort who receives a certificate of apprenticeship completion within one (1) year of the projected completion date. An apprenticeship cohort is the group of the individual apprentices registered to a specific program during a one (1) year time frame, except that a cohort does not include apprentices whose apprenticeship agreements have been canceled during the probationary period.
(8) Electronic Media means media that utilizes electronics or electromechanical energy for the end user (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 and/or interactive distance learning.
(9) Established Industry Practices means the number of years of training required by the majority of registered program standards for the particular trade or occupation.
(10) Established Journeyworker Hourly Rate means the average of the hourly rates paid to all journeyworkers, as defined by Section 446.021(4), Florida Statutes, by all participating employers in an apprenticeship program.
(11) Joint-Apprenticeship Committee means a committee composed of an equal number of representatives of employers and employees, which has been established by an employer or group of employers and a bona fide collective bargaining agent or agents to conduct, operate, or administer an apprenticeship program and enter into apprenticeship agreements with apprentices selected for employment under the particular program.
(12) Journeyworker means a person working in an apprenticeable occupation who has successfully completed a registered apprenticeship program or who has worked the number of years required by established industry practices for the particular trade or occupation. Use of the 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. As defined in Chapter 6A-23, F.A.C., journeyworker applies to ratios, wage surveys and qualified apprenticeship trainers. The term journeyworker is synonymous with journeyman as defined in Section 446.021(4), Florida Statutes.
(13) Nonjoint Apprenticeship Sponsor means an apprenticeship sponsor who does not participate in a bona fide collective bargaining agreement; it includes an individual nonjoint sponsor (apprenticeship program sponsored by one employer without the participation of a union) and a group nonjoint sponsor (apprenticeship program sponsored by two (2) or more employers without the participation of a union).
(14) Apprenticeship Committee means those persons designated by the sponsor to administer the program.
(15) On-the-Job Training (OJT) means supervised trade-specific employment. OJT becomes a monitoring responsibility of the sponsor. OJT training providers must be participating employers.
(16) Participating Employer means a business entity which:
(a) Is actively engaged by and through its own employees in the actual work of the occupation being apprenticed,
(b) Employs, hires and pays the wages of the apprentice and the journeyworker serving as qualified training personnel training the apprentice,
(c) Evaluates the apprentice, and
(d) Is signatory party to a collective bargaining agreement or signatory to a participating employer agreement with the program sponsor which will be registered with the registration agency in the Department.
(17) Registration of an Apprenticeship Agreement means the acceptance and recording thereof by the Department as evidence of the participation of the apprentice in a particular registered apprenticeship program.
(18) Registration of an Apprenticeship Program means the acceptance and recording of such program by the Department as meeting the basic standards and requirements of the Department for approval of such program. Approval is evidenced by a certificate or other written indicia.
(19) Registration Officer means the designee, properly authorized to act on behalf of the Department in matters of registering program standards, apprenticeship agreements, and the general supervision of apprenticeship programs which are registered with the Department.
(20) Related Instruction means an organized and systematic form of instruction designed to provide the apprentice with knowledge of the theoretical subjects related to a specific trade or occupation.
(21) Sponsor means any person, association, committee, or organization operating an apprenticeship program and in whose name or title the program is or is to be registered, irrespective of whether such entity is an employer.
(22) Work Processes means an outline of supervised work experience and OJT with the allocation of approximate hours to be spent in each activity.
Rulemaking Specific Authority 446.041(12) 446.032 FS. Law Implemented 446.021 FS. HistoryNew 6-9-81, Formerly 38C-16.02, Amended 5-29-90, Formerly 38C-16.002, Amended 9-4-97, Formerly 38H-16.002, Amended________.
6A-23.003 Eligibility and Procedure for Apprenticeship Program Bureau Registration.
(1) No apprenticeship program or agreement shall be eligible for Department of Education Bureau registration unless it is in conformity with the applicable provisions of Chapter 446, F.S., and the training is in an apprenticeable occupation under Section 446.092, Florida Statutes, and included on the U.S. Department of Labors apprenticeable occupation list which is accessed at: http://www.doleta.gov/oa/bul10/Bulletin_2010_30_List_Apprenticeable_Occupations.pdf.
(a) Prior to the registration of any apprenticeship program sponsor, all of the standards established by the Department Division of Labor, Employment and Training shall be met.
(b) The Department Bureau shall cooperate with and give all possible assistance to employers, associations, committees and other organizations that request registration of an apprenticeship program.
(c) There shall be a presumption that there is a need for apprenticeship training in each county in Florida unless proven to the contrary.
(2) Reasonable assurance of employment opportunities for training purposes necessary for completion of the contemplated program by individual apprentices shall be demonstrated prior to registration of a program by the Department Bureau. The number and size (number of employees) of employers committed to support the program will be considered in making this determination.
(3) Apprentices must be individually registered under a registered program. Such registration shall be made by filing originals copies of each apprenticeship agreement with the Departments appointed apprenticeship representative within forty-five (45) calendar days of the date of selection Bureau, and shall become effective upon signature by the Apprenticeship Representative Registration Officer.
(4) The Department Bureau must be promptly notified within forty-five (45) calendar days of the event through the appropriate field office of the cancellation, suspension, or termination of any apprenticeship agreements, with cause for same, and of apprenticeship completions.
(5) Upon approval by the Registration Officer, apprenticeship programs shall be accorded registration, evidenced by a certificate of registration.
(6) 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 programs for conformity with the performance standards outlined in Rule 6A-23.011, F.A.C., at the end of the first year after provisional approval. A satisfactory review of a provisionally approved program will result in conversion of provisional approval to permanent registration.
(7)(6) Any recommended modification(s) or change(s) to registered standards shall be promptly submitted to the Department Bureau through the appropriate apprenticeship representative field office, and if approved, shall be recorded and acknowledged as an amendment to such standards.
(a) The Department must make a determination as to whether to approve such submissions within ninety (90) calendar days from date of receipt.
(b) If approved, the modification(s) or change(s) will be recorded and acknowledged within ninety (90) calendar days of approval as an amendment to such program.
(c) If not approved, the sponsor must be notified of the disapproval and the reasons therefore and provided appropriate assistance.
(8)(7) The certificate of registration for an approved program will be made in the name of the program sponsor and will remain in effect subject to the rules as stated herein.
(9)(8) The request for registration, together with all documents and data required by this Cchapter 6A-23, F.A.C., shall be submitted in four (4) five copies.
(10)(9) 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 no objection to the registration is required. Where no such participation is evidenced and practiced, the employer or employers association shall simultaneously furnish to the union local, if any, which is the recognized or certified collective bargaining agent of the employees to be trained, a copy of its application for registration and of the apprenticeship program. In addition, upon receipt of the application and apprenticeship program, the Department Bureau shall promptly send by certified mail to such union local another copy of the application and of the apprenticeship program together with a notice that union comments will be accepted for forty-five (45) calendar thirty (30) days after the date of the agency transmittal.
(11)(10) Where the employees to be trained have no collective bargaining agent, an apprenticeship program may be proposed for registration by an employer, or group of employers, or an employer association.
(12)(11) An apprenticeship program may be registered in one or more occupations simultaneously or individually with the provision that the program sponsor shall, within one (1) year sixty (60) days of registration, be actively training apprentices on the job in each occupation for which registration is granted.
(13)(12) Each occupation for which a program sponsor holds registration shall be subject to cancellation if no active training of apprentices on the job has occurred within one (1) year consecutive ninety (90) day period.
(14)(13) Notwithstanding the foregoing requirements and procedures, apprenticeship programs and standards of sponsoring entities in other than the building and construction industry formed on a multi-state basis and Standards registered pursuant to all requirements of Title 29 C.F.R., Part section 29, by any federally recognized state apprenticeship agency/council or by the Office of Apprenticeship Bureau of Apprenticeship and Training of the U.S. Department of Labor shall be afforded approval reciprocity by the Florida Department of Education Bureau of Apprenticeship if such reciprocity is requested by the sponsoring entity and if a determination of need has been made as provided by Section 446.071, F.S., as amended. Program sponsors seeking reciprocal approval must meet the wage and hour provisions and apprentice ratio standards of the Department.
Rulemaking Specific Authority 446.032, 446.041 FS. Law Implemented 446.032, 446.041, 446.051, 446.052, 446.071, 446.075, 446.092 FS. HistoryNew 6-9-81, Formerly 38C-16.03, Amended 5-29-90, Formerly 38C-16.003, 38H-16.003, Amended________.
6A-23.004 Standards of Apprenticeship.
The following standards are prescribed for an apprenticeship program:
(1) The program must be an organized, written plan embodying the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation, as defined in this Cchapter 6A-23, F.A.C., and subscribed to by a sponsor who has agreed undertaken to carry out the apprentice training program.
(2) The standards must contain provisions concerning the following:
(a) The employment and training of the apprentice in a skilled occupation trade;
(b) A term of apprenticeship, for an individual apprentice may be measured either through the completion of the industry standard for on-the-job training (at least 2,000 hours exclusive of time spent at related instruction) (time-based approach), the attainment of competency (competency-based approach), or a blend of the time-based and competency-based approaches (hybrid approach). not less than 2,000 hours of work and training, which hours are excluded from the time spent at related instruction, and which shall be consistent with training requirements as established by industry practice;
1. The time-based approach measures skill acquisition through the individual apprentices completion of at least 2,000 hours of on-the-job training as described in a work process schedule.
2. The competency-based approach measures skill acquisition through the individual apprentices 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 training component of registered apprenticeship. The program standards must address how on-the-job training will be integrated into the program, describe competencies, and identify an appropriate means of testing and evaluation for such competencies.
3. The hybrid approach measures the individual apprentices skill acquisition through a combination of specified minimum number of hours of on-the-job training and the successful demonstration of competency as described in a work process schedule.
4. 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.
(c) 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 time to be spent in each major process;
(d) Provision for organized related and supplemental instruction in technical subjects related to the occupation trade. A minimum of 144 hours for each year of apprenticeship is required. Such instruction may be given in a classroom, via electronic media, through occupational trade, industrial, or approved correspondence courses of equivalent value or other forms of self-study approved by the Department. Bureau;
(e) Wage Provisions
1. A progressively increasing schedule of wage rates to be paid the apprentice, consistent with the skill acquired, which shall be expressed in percentages of the established journeyworker journeyman hourly rate. The rates represent the minimum for each incremental period of apprenticeship. The established journeyworker journeyman hourly rate applicable among all participating employers shall be stated in dollars and cents.
2. The entry apprentice wage rate shall be no less than thirty-five (35) percent of the established journeyworker journeyman hourly rate paid by all participating employers in the program. Provided, however, that in no event shall the apprentice wage rate be less than the minimum wage prescribed by for the Fair Labor Standards Act, collective bargaining agreements or by Florida Statutes, whichever is higher.
3. No apprentice shall receive an hourly wage less than the percentage for the incremental period in which he is serving applied to the established journeyworker journeyman rate.
4. The established journeyworker journeyman hourly rate provided for by the standards shall be reviewed and adjusted annually or as per the collective bargaining agreement.
5. The minimum hourly apprentice wage rate paid during the last incremental period of apprenticeship shall be not less than 75 percent of the established journeyworker journeyman wage rate.
6. This subsection governing apprentice wages shall not be interpreted or construed in a manner that would cause a conflict with applicable federal law or regulations. The minimum entry apprentice wage rate and the minimum apprentice wage rate during the last incremental period of apprenticeship shall be reviewed periodically by the Department Division of Labor and amended when determined necessary.
(f) Periodic review and evaluation of the apprentices progress in job performance and related instruction, and the maintenance of appropriate progress records;
(g) The ratio of apprentices to journeyworkers journeymen consistent with proper supervision, training, safety, and continuity of employment or applicable provisions in collective bargaining agreements, but in a ratio of not more than one (1) apprentice to the participating employer in each apprenticeable occupation, and two (2) apprentices for every three (3) journeyworkers one apprentice for each three journeymen thereafter. It shall be the responsibility of the apprenticeship committee/sponsor to ensure that the allowable ratio of apprentices to journeyworkers journeymen is consistently maintained in the program as a whole, by each participating employer, and on the job site;
(h) A probationary period reasonable in relation to the full apprenticeship term, with full credit for such period toward completion of apprenticeship, which cannot exceed twenty-five (25) percent of the length of the program, or one (1) year, whichever is shorter;
(i) Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction;
(j) The required minimum qualifications for persons entering an apprenticeship program, with an eligible starting age of not less than sixteen (16) years;
(k) The placement of an apprentice under an apprenticeship agreement. The agreement shall directly, or by reference, incorporate the standards of the program as part of the agreement;
(l) Granting advanced Grant of advance standing or credit for previously acquired experience, training, skills, or aptitude for all applicants equally, with commensurate wages for any accorded progression step;
(m) The transfer of an apprentice between apprenticeship programs and within an apprenticeship program must be based on agreement between the apprentice and the affected apprenticeship committees or program sponsors and must comply with the following requirements: Transfer of employers training obligation through the committee, if one exists and as warranted, to another employer, with full credit to the apprentice for satisfactory time and training earned;
1. The transferring apprentice must be provided a transcript of related instruction and on-the-job training by the committee or program sponsor;
2. Transfer must be to the same occupation;
3. A new apprenticeship agreement must be executed when the transfer occurs between program sponsors; and
4. The transfer of participating employers training obligation through the committee, if one exists and as warranted, to another participating employer, must provide for full credit to the apprentice for satisfactory time and training earned.
(n) Assurance of qualified training personnel.; Every apprenticeship instructor must:
1. Meet the Florida Department of Educations requirements for a career-technical instructor per Section 1012.55, Florida Statutes, or be a subject matter expert, which is an individual such as a journeyworker, who is recognized within an industry as having expertise in a specific occupation; and
2. 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.
(o) Recognition for successful completion of apprenticeship evidenced by an appropriate certificate;
(p) Identification of the Department as registration agency;
(q) Provision for the registration, cancellation and deregistration of the program; and requirement for the prompt submission of any modification or amendment thereto;
(r) Provision for registration of apprenticeship agreements, modifications, and amendments; notice to the Department Bureau of persons who have successfully completed apprenticeship programs; and notice of cancellations, suspensions and terminations of apprenticeship agreements and causes therefor;
(s) Authority for the termination of an apprenticeship agreement during the probationary period by either party without stated cause;
(t) Provision for not less than five (5) business days notice to an apprentice and his/her participating employer of any proposed adverse action and cause therefore therefor with stated opportunity to apprentice during such period for corrective action, unless other acceptable procedures are provided for in the collective bargaining agreement;
(u) Provision for a grievance procedure, and the name and address of the appropriate authority under the program to receive, process and make disposition of, complaints;
(v) Recording and maintenance of all records concerning apprenticeship as may be required by state or federal law; Records must be maintained for not less than five (5) years from the date of departure from or completion of the program;
(w) Provision for a participating employers agreement
1. Each participating employer shall sign a participating employers agreement with the program sponsor accepting the funding formula and all other requirements of the program standards, unless otherwise provided for in a collective bargaining agreement;
2. The program sponsor shall notify the Department Bureau, on a current basis, who its participating employers are and shall notify the Department Bureau of any change in the status of each participating employer. Where the program sponsor uses a participating employers agreement, a copy of same and the cancellation thereof, being furnished to the Department Bureau will satisfy the requirements of this subsection;
(x) A funding formula providing for the equitable participation of each participating employer in funding of the program;
(y) The inclusion of an Equal Employment Opportunity Pledge and Affirmative Action Plan, including;
1. Procedure for dissemination of program openings and opportunities; and
2. An approved selection procedure that does not discriminate against any individual on the grounds of race, color, religion, national origin, sex, or age.
(z)(y) All apprenticeship standards must contain articles necessary to comply with Federal laws, regulations, and rules pertaining to apprenticeship;
(z) Provision that a contractor shall not work an apprentice in the jurisdiction of another committee until he so notifies the Bureau and all local joint apprenticeship committees if covered by a collective bargaining agreement or the Bureau and all local nonjoint committees if not covered by a collective bargaining agreement. The purpose of this notice is to provide the opportunity for a mutually agreeable, voluntary assignment of apprentices from a local committee if apprentices are available.
Rulemaking Specific Authority 446.032, 446.041(12) FS. Law Implemented 446.031, 446.041, 446.075 FS. HistoryNew 6-9-81, Amended 7-10-83, Formerly 38C-16.04, Amended 5-29-90, Formerly 38C-16.004, 38H-16.004, Amended________.
6A-23.005 Apprenticeship Agreement.
The apprenticeship agreement shall contain explicitly or by reference:
(1) Names and signatures of the contracting parties (apprentice, and the program sponsor registrant or participating 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. of apprentice;
(3) Name and address of the program sponsor registrant and Department registration agency;
(4) A statement of the occupation trade or craft which the apprentice is to be taught, and the beginning date and term (duration) of apprenticeship;
(5) 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 and a statement showing:
(a) The number of hours to be spent by the apprentice in work on the job in a time-based program; or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job training 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 a hybrid program;
(b) The number of hours to be spent in related and supplemental instruction which is required to be not less than 144 hours per year;
(6) Statements providing:
(a) For a specific period of probation during which the apprenticeship agreement may be terminated by either party to the agreement upon written notice to the Department, without adverse impact on the sponsor registration agency;
(b) That, after the probationary period, the agreement may be suspended, canceled, or terminated for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and said agency of the final action taken;
(c) That, after the probationary period, the agreement may be canceled at the request of the apprentice;
(7) A reference incorporating, as part of the agreement, the standards of the apprenticeship program as it exists on the date of the agreement and as it may be amended during the period of the agreement;
(8) A statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated;
(9)(8) 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, or age;
(10)(9) A statement that if an employer is unable to fulfill his obligation under his apprenticeship agreement, the agreement may, with consent of the apprentice and sponsor committee if one exists, be transferred to another participating employer under a registered program with written notice of the transfer to the Department registration agency and with full credit to the apprentice for satisfactory time and training earned;
(11)(10) Name and address of the appropriate authority, if any, 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 occupation trade procedure or applicable collective bargaining provisions;
(12)(11) A statement that in the event the registration of the program has been canceled or revoked, the apprentice will be notified by the sponsor within fifteen (15) business days of the event.
Rulemaking Specific Authority 446.032, 446.041(12) FS. Law Implemented 446.032, 446.041, 446.071, 446.092 FS. HistoryNew 6-9-81, Formerly 38C-16.05, 38C-16.005, 38H-16.005, Amended ________.
6A-23.006 Deregistration of Department Bureau Registered Program.
Deregistration of a program may be effected either upon the voluntary action of the sponsor registrant by a request for cancellation of the registration or upon notice by the Department Bureau to the sponsor registrant stating cause, and instituting formal deregistration proceedings in accordance with the provisions of this Cchapter 6A-23, F.A.C.
(1) Cancellation by request of the sponsor Request by registrant. The Department Chief may cancel the registration of an apprenticeship program by a written acknowledgment of such request stating, but not limited to, the following:
(a) The registration is canceled at sponsors registrants request, and giving the effective date of such cancellation; and
(b) That, Wwithin fifteen (15) business days workdays of the date of the acknowledgment, the sponsor registrant must notify all apprentices of such cancellation and the effective date that such cancellation automatically deprives the apprentice of his individual registration.
(2) Deregistration by the Department Bureau. Deregistration proceedings shall be conducted in conformity with Title 29 C.F.R., §§ 29.8 and 29.10, as follows:
(a) Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, or administered in accordance with the registered standards or the requirements of this Cchapter 6A-23, F.A.C., including, but not limited to: failure to provide on-the-job training; failure to provide related instruction; failure to pay the apprentice a progressively increasing schedule of wages consistent with the skills acquired; or a persistent and significant failure to perform successfully. Deregistration proceedings for violation of equal opportunity requirements must be processed in accordance with the provisions under Title 29 C.F.R., Part 30.
(b) Where it appears the program is not being operated in accordance with the registered standards or with the requirements of this Cchapter 6A-23, F.A.C., the apprenticeship representative shall notify the Department Chief, and the Registration Officer Chief shall so notify the program sponsor registrant in writing.
(c) The notice shall be sent by registered or certified mail, return receipt requested, shall state the deficiency(ies) deficiency(s) and remedy(ies) remedy(s) required and shall state that the program will be deregistered for cause unless corrective action is taken within thirty (30) calendar days. Upon request by the sponsor and for good cause, the Department may grant an extension for another thirty (30) calendar days.
(d) During the period for correction, the sponsor registrant shall be assisted in every reasonable way by the Department Bureau.
(e) If the required action is not taken within the allotted time, the Department Chief shall send a notice to the sponsor registrant by registered or certified mail, return receipt requested, stating the following:
1. This notice is sent pursuant to this subsection;
2. That certain deficiencies were called to sponsors registrants attention and remedial actions requested;
3. Based upon the stated deficiencies and failure to remedy them, cause, the program will be deregistered, unless within 15 workdays of receipt of this notice, a determination has been made that there is reasonable cause to deregister the program, and the program may be deregistered unless within fifteen (15) days of the receipt of this notice, the Department receives a request for hearing from the sponsor; the registrant requests a hearing;
4. If a hearing is not requested by the sponsor registrant, the entire matter will be submitted to the Administrator of the U.S. Office of Apprenticeship, for a decision on the record with respect to deregistration program will be automatically deregistered.
(f) The Department shall transmit to the Administrator of the U.S. Office of Apprenticeship all documents and information relating to the deregistration proceeding that is required under Title 29 C.F.R., § 29.8. Thereafter, the deregistration proceeding shall be governed in accordance with the provisions of Title 29 C.F.R., §§ 29.8 and 29.10. If the registrant requests a hearing, the Bureau shall notify the Division. The Division Director shall conduct the hearing or request that the Division of Administrative Hearings conduct the hearing as provided in Chapter 120, F.S. In either case, the Administration Commission model rules of procedure shall be used
(g) Based upon the evidence presented at the hearing, the hearing officer may recommend and the Division Director, within his discretion may allow the registrant a reasonable time to achieve voluntary corrective action.
(h) Every order of deregistration shall contain a provision that the registrant shall, within 15 workdays of the effective date of the order, notify all registered apprentices of the deregistration of the program, the effective date, and that such action automatically deprives the apprentice of his individual registration.
Rulemaking Specific Authority 446.032, 446.041(12), 446.075 FS. Law Implemented 446.032, 446.041, 446.051, 446.052, 446.071, 446.075, 443.041(2) FS. HistoryNew 6-9-81, Formerly 38C-16.06, 38C-16.006, 38H-16.006, Amended________.
6A-23.007 Hearings.
Rulemaking Specific Authority 446.032 FS. Law Implemented 446.041(2), 446.071, 446.081(3) FS. HistoryNew 6-9-81, Formerly 38C-16.07, 38C-16.007, 38H-16.007, Repealed________.
6A-23.008 Complaints.
(1) Any apprentice, preapprentice, or other affected person aggrieved by the alleged failure of any registered program to meet the standards established by the Department shall notify the program sponsor of the alleged failure. The notification shall be in writing and signed by the complainant. controversy or difference arising under an apprenticeship agreement or under the registered apprenticeship or preapprenticeship standards, which cannot be resolved locally, or which is not covered by a collective bargaining agreement, may be submitted by an apprentice or other affected person, or by the authorized representative of either, to the Bureau for review. Matters covered by a collective bargaining agreement, however, shall be submitted and processed in accordance with the procedures therein provided.
(2) Within sixty (60) days of the local decision, or if the dispute is not resolved within thirty (30) calendar days of the sponsors receipt of the notification, the apprentice, preapprentice, or other affected person may file with the Department a complaint concerning the alleged failure of any registered program to meet the standards established by the Department.
(3)(2) The complaint shall be in writing, and signed by the complainant and be submitted within 60 days of receipt of the local decision or within 60 days of the date it becomes apparent that a decision at the local level cannot be reached. The complaint shall set forth the specific standards alleged to have been violated, and the problem including a statement of all relevant facts and circumstances substantiating the complaint. Copies of all pertinent documents and correspondence shall accompany the complaint.
(4)(3) The Department Chief or his designee shall review the complaint and all available pertinent information and shall conduct such investigation as may be necessary to make a determination regarding decision on the complaint. The Department will render an opinion within ninety (90) days after receipt of the complaint, based upon such investigation of the matters submitted as may be necessary, and the records before it. During the ninety (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 an opinion is rendered, copies will be sent to all interested parties. Parties substantially affected by the Departments determination may seek an administrative hearing in accordance with the provisions of Chapter 120, F.S. A request by an affected party for a hearing on the complaint shall be granted or denied within 15 days of receipt by the Bureau in Tallahassee. Hearings shall be conducted in accordance with the Administration Commission model rules of procedure.
(5) Nothing herein shall operate to invalidate any provision in a collective bargaining agreement between employers and employees setting higher apprenticeship standards. Any dispute covered by a collective bargaining agreement shall be resolved in accordance with the procedures and terms provided therein.
(6) This section is not applicable to any complaint concerning discrimination or other equal opportunity matters; all such complaints must be submitted, processed and resolved in accordance with applicable provisions of Title 29 C.F.R., Part 30.
Rulemaking Specific Authority 446.032, 446.041 FS. Law Implemented 446.041(2) FS. HistoryNew 6-9-81, Formerly 38C-16.08, 38C-16.008, 38H-16.008, Amended________.
6A-23.009 Reinstatement of Program Registration.
Any apprenticeship program deregistered pursuant to this Cchapter 6A-23, F.A.C., may be reinstated upon presentation of adequate evidence that the apprenticeship program is operating in accordance with this Cchapter 6A-23, F.A.C. Such evidence shall be presented to the Department Chief if the sponsor registrant had not requested a hearing or to the Department Director if an order of deregistration was entered pursuant to a hearing.
Rulemaking Specific Authority 446.032, 446.041(12) FS. Law Implemented 446.041(2) FS. HistoryNew 6-9-81, Formerly 38C-16.09, 38C-16.009, 38H-16.009, Amended________.
6A-23.010 Preapprenticeship Programs.
(1) Purpose and Scope.
Sections Section 446.011 and 446.052, F.S., authorize and direct directs the Department Division of Labor, Employment and Training of the Department of Labor and Employment Security to develop uniform minimum standards for preapprenticeship programs in apprenticeable apprenticable occupations, and to assist district school boards, college district boards of trustees and registered apprenticeship program sponsors cooperate with and assist the Division of Vocational, Adult and Community Education of the Department of Education and appropriate vocational education institutions in the development of viable preapprenticeship programs of apprenticeship and preapprenticeship. The primary objective of the preapprenticeship program is to provide Florida residents with educational and training opportunities to enable them, upon completion of preapprenticeship training, to obtain entrance into a registered apprenticeship program, based upon the selection criteria established by a registered apprenticeship program sponsor.
(2) Definitions.
In addition to the definitions provided in Rule 6A-23.002, F.A.C., the following definitions are specific to preapprenticeship:
(a) Completion Certificate means the official document issued by the registration agency to an individual completing preapprenticeship training as verified by the program sponsor.
(b) On-the-Job Training means supervised trade specific employment, but is not a primary training objective. However, when OJT is incorporated into program standards by the committee, OJT becomes a monitoring responsibility of the committee. On-the-job training providers must be participating employers.
(c) Participating Employers means those employers eligible to provide supervised OJT experience to preapprentices by virtue of their participating employer agreement.
(a)(d) Preapprentice means any person sixteen (16) years of age or over engaged in any course of instruction in the public school system or elsewhere, which course is registered as a preapprenticeship program with the Department Division of Labor, Employment and Training of the Department of Labor and Employment Security.
(b)(e) Preapprenticeship Agreement means a written agreement between the preapprentice and the preapprenticeship program sponsor, containing the terms and conditions of training and incorporating the registered program standards as part of the agreement.
(c)(f) Preapprenticeship Committee or committee means the same as the registered apprenticeship program sponsors committee, or a group appointed by registered apprenticeship program sponsor committees, or their designees.
(d)(g) Preapprenticeship Program means an organized course of instruction, in the public school system or elsewhere, which course is designed to prepare a person sixteen(16) years of age or older to become an apprentice, and which course is approved and registered with the Department Division of Labor, Employment and Training and sponsored by a registered apprenticeship program. Registered preapprenticeship programs shall be part of regular or adult high school programs when occurring in a public school system.
(h) Ratio means the number of preapprentices allowed per journeyperson in programs incorporating OJT.
(i) Registration Agency means the Division of Labor, Employment and Training of the Department of Labor and Employment Security, properly established and constituted under applicable state and federal law as the designated body for approval and registration of preapprenticeship programs and individual preapprenticeship agreements for state purposes.
(j) Registration Officer means the Director of the Division of Labor, Employment and Training or designee authorized to act on behalf of the Division of Labor, Employment and Training (the division) in matters related to approving and registering program standards, and agreements, and providing oversight supervision for all registered preapprenticeship programs.
(k) Related Instructions means an organized and systematic form of instructions designed to prepare and provide the preapprentice with appropriate training to qualify for entry into the sponsors registered apprenticeship program.
(e)(l) Preapprenticeship Sponsor means any entity that has an active certification of a registered apprenticeship program(s) authorized to offer preapprenticeship training program and has also received certification from the registration agency for a preapprenticeship program.
(m) Term of Preapprenticeship means the course period determined by the committee and shall be realistic in terms of attainment relative to national standards; not to exceed two consecutive years.
(f)(n) Uniform Minimum Preapprenticeship Standards means the minimum requirements established uniformly for each craft under which a preapprenticeship program is administered and includes standards of admission, training goals, training objectives, curriculum outlines, objective standards to measure successful completion of the preapprenticeship program, and the percentage of credit that may be given to preapprenticeship completers completors upon acceptance into the apprenticeship program.
(o) Work Processes means an outline of supervised work experience and on-the-job training with the allocation of maximum hours to be spent in each activity.
(3) Eligibility and Procedure for Program Registration. All preapprenticeship programs and subsequent preapprenticeship actions must meet the following provisions to be eligible for registration with the division.
(a) The preapprenticeship program must be approved by the Department registration agency and registered in accordance with Chapter 446, F.S., and the standards of preapprenticeship contained in subsection 6A-23.010(4), F.A.C.
(b) The preapprenticeship program must be established in an apprenticeable occupation, and be designed to prepare individuals for entry into registered apprenticeship training programs and provide training in an apprenticeable occupation.
(c) There must exist reasonable assurance of employment demand in the occupational area being preapprenticed so as to allow preapprentices to transition into registered programs of apprenticeship. Demand occupational areas are those occupations listed in the apprenticeable occupation list which is accessed at: http://www.doleta.gov/oa/bul10/Bulletin_2010_30_List_Apprenticeable_Occupations.pdf, Apprenticeable Occupation List published by the United States Department of Labor Division of Jobs and Benefits. The list may be obtained from the Department of Labor and Employment Security, Office of Apprenticeship, 1320 Executive Center Drive, Suite 201, Atkins Building, Tallahassee, Florida 32399-0667.
(d) The preapprenticeship program must include one or more related apprenticeable occupation apprenticable trade categories that can provide for apprenticeships.
(e) Each individual preapprenticeship program must be directly sponsored by one (1) or more registered apprenticeship programs in the same occupation trade, or in the case of a multiple occupations trade sponsor, the same occupations trades.
(f) Preapprentices will be individually registered in one trade, with an agreement which shall be registered with the Division of Labor, Employment and Training.
(f)(g) Preapprenticeship programs must be actively training preapprentices within one (1) year 90 days of registration. Programs which go inactive and remain the same (no participants training occurring) for more than one (1) year shall be canceled.
(h) Modifications or amendments to registered program standards shall be promptly submitted to the registration agency for review and approval.
(g) Any modification(s) or change(s) to registered standards shall be submitted to the Department through the appropriate apprenticeship representative.
1. The Department must make a determination on whether to approve such submissions within ninety (90) calendar days from the date of receipt.
2. If approved, the modification(s) or change(s) will be recorded and acknowledged within ninety (90) calendar days of approval as an amendment to such program.
3. If not approved, the sponsor must be notified of the disapproval and the reasons therefor and provided the appropriate technical assistance.
(h)(i) Approved preapprenticeship programs shall be evidenced by a certificate of registration issued in the name of the affiliated apprenticeship program sponsor which has administrative responsibility. Program registrations shall be renewed as needed every five years.
(j) Registered program standards shall become part of each and every registered preapprenticeship agreement, and each and every registered preapprentice shall have the right to obtain and review a copy of the registered program standards, upon request.
(k) Program registration shall be canceled for just cause or by mutual consent of the sponsor, participants, and the registration agency. The sponsor shall give adequate notice to all program participants of any adverse action that may occur.
(4) Standards of Preapprenticeship. The following standards are prescribed for a preapprenticeship program:
(a) The program must be an organized, written plan embodying the terms and conditions of training, including employment and supervision when on-the-job training is incorporated, in a program of preapprenticeship for one or more preapprentices in an apprenticeable occupation, as defined in this chapter and subscribed to by a registered apprenticeship program sponsor who has agreed to sponsor the preapprenticeship program.
(b) Registered program standards shall become part of each registered preapprenticeship agreement, and each registered preapprentice shall have the right to obtain and review a copy of the registered program standards, upon request.
(c)(b) Required Safety Practices.
1. All preapprenticeship preapprentice programs must comply with the following federal and state laws and regulations:
a. Subpart C of Part 570 of Title 29 of the Code of Federal Regulations (C.F.R.), 7-1-93 edition.
b. Florida Statutes, Section 450.061.
c. Rule 61L-2.003, F.A.C.
d. Rule 61L-2.004, F.A.C.
e. Rule 61L-2.005, F.A.C.
2. The foregoing laws and regulations are hereby incorporated into this rule by reference. Copies of the foregoing may be obtained from the Department of Labor and Employment Security, Bureau of Job Training, 1320 Executive Center Drive, Suite 201, Atkins Building, Tallahassee, Florida 32399-0667.
(d)(c) The standards must contain the following provisions:
1. The composition and duties of the preapprenticeship program committee.
2. OJT is not a requirement of preapprenticeship. When OJT is incorporated into a program, the training of the preapprentice must be in the occupation trade specifically registered for the sponsor by the Department registration agency.
3. A term of preapprenticeship established by the committee and designed to prepare the preapprentice for entry or transition into a the sponsors registered apprenticeship training program.
4. Organized related technical instruction in technical subjects related to the occupation. Provide the name and address of school, if participant is enrolled in secondary education. Provision for organized related technical instructions in technical subjects related to the trade or occupation, with additional provision for the preapprentice to earn a high school diploma or equivalency diploma, if the apprenticeship committee for the sponsoring entity includes the earnings of a high school diploma as a registered requirement.
5. If the apprenticeship sponsor includes earning a high school diploma or equivalent as an entrance requirement, provision shall be included for this accomplishment.
6. When OJT is incorporated into a program, the following applies:
a.5. An outline of work processes in which the preapprentice will receive supervised work experience and on-the-job training and allocation of the approximate time to be spent in each process.
6. Wage Provisions:
b.a. In no event shall the preapprentice wage rate for program incorporated on-the-job training be less than the minimum wage prescribed for in the Fair Labor Standards Act or by Florida Statutes This subsection governing preapprentice wages shall not be construed or interpreted in a manner that would cause a conflict with applicable federal law or regulations.
(e)7. The ratio of preapprentices to journeyworkers consistent with proper supervision, training, safety, and continuity of employment or applicable provisions in collective bargaining agreements, but in ratio of not more than one (1) preapprentice to the participating employer in each apprenticeable occupation and journeypersons in programs incorporating on-the-job training shall not exceed two (2) one preapprentices, apprentices, or any combination thereof preapprentice to every three (3) journeyworkers thereafter journeypersons in construction related programs.
(f)8. The ratio of preapprentices/apprentices preapprentices to journeyworkers journeypersons in non-construction programs shall be as established by the sponsors committee and approved in the registered standards.
(g) It shall be the responsibility of the committee to ensure that the allowable ratio of apprentices/preapprentices to journeyworkers is consistently maintained in the program as a whole, by each participating employer, and on-the-job site.
(h) Assurance of qualified journeyworkers.
(i) A participating employers agreement includes:
1. Acceptance of the program standard;
2. Agreement to provide immediate notification to the committee of each preapprentice worksite;
3. Agreement to provide the committee with the participating employers current contact information.
(j)9. Provision for the Mmaintenance of preapprenticeship records for at least two (2) years following the individuals date of departure from or completion of the program. In addition, the Department registration agency shall be provided:
1.a. The location of program records if records are not maintained on the respective school campus; and
2.b. The availability of records of the preapprentices on-the-job work experience and related instruction progress for review by the Department registration agency or its apprenticeship representative authorized representative upon request.
(k)10. Provisions for Iinstructing the preapprentice in safety and health related work practices, including: a. assurance Assurance that the preapprentice will be trained in facilities and other environments that are in compliance with the Occupational Safety and Health Act as described in occupational safety and health standards under Public Law 91-596, dated December 29, 1970.; and
b. Instruction to make preapprentices aware of their rights under the Right-to-Know Law, as set forth in Chapter 442, F.S.
(l)11. The required minimum qualifications for students or other individuals entering into the preapprenticeship program.
(m)12. The placement of a preapprentice under a preapprenticeship agreement; evidenced by the signing of same by the preapprentice and the sponsor and subsequently registered with the Department registration agency.
13. Assurance of qualified instructors and training personnel, when on-the-job training is to occur.
(q)14. Termination Provision for termination of the preapprenticeship agreement for good cause.
(r)15. A plan for resolving differences.
(s)16. Not Provision for not less than five (5) business days notice to the preapprentice of any adverse action and cause therefore, with stated opportunity to the preapprentice for corrective action during such period.
17. Provision for a participating employers agreement, including:
a. Acceptance of the program training standards requirements;
b. Agreement to provide immediate notification to the committee of each and every worksite when the preapprentice is provided on-the-job training; and
c. Agreement to provide the committee with the participating employers current address, phone number and that of the official employer representative.
(t)18. The inclusion of an Equal Employment Opportunity Pledge and Affirmative Action Plan, including:
1.a. Procedure for dissemination of program openings and opportunities; and
2.b. An approved selection procedure that does not discriminate against any individual on the grounds of race, color, religion, sex, national origin, and citizenship, age, disability, or political participation.
(u)19. Provision for registration, cancellation and deregistration of the program; and the requirement of quick submission of any amendment or modification of program standards to the Department through the appropriate apprenticeship representative registration agency.
(v)20. Provision for notifying the Department registration agency of all actions regarding registered preapprentices.
(w)21. Provision for requesting issuance of a preapprenticeship completion certificate from the Department registration agency.
(x) Term of preapprenticeship is determined by the committee and shall be realistic in terms of attainment. It shall not be less than six (6) months and not exceed two (2) consecutive years.
(5) Preapprenticeship Agreement. Preapprentices will be individually registered in one (1) occupation with an agreement which shall be registered with the Department.
The preapprenticeship agreement shall contain:
(a) Names and signatures of contracting parties (preapprentice and sponsor) and the signature of parent or guardian if the individual is a minor or otherwise ineligible to enter into a contractual agreement.
(b) The preapprentices date of birth and, on a voluntary basis, Social Security number.
(c) Name and address for the program sponsor and Department registration agency.
(d) A statement of the occupation or craft which the preapprentice is to be taught, and the beginning date and term (duration) of preapprenticeship. Name and address of school, if participant is enrolled in secondary education.
(e) A statement showing:
1. The number of hours to be spent in related classroom type instruction; and location of instructional facility.
2. The number of hours to be spent in on-the-job training, if any.
(f) A statement that the agreement can be canceled for due cause or by mutual consent; and in the case of due cause, a reasonable opportunity for corrective action may occur upon mutual agreement.
(g) A reference incorporating the standards as part of the preapprenticeship agreement as they exist on the date of agreement.
(h) A statement that the preapprentice will be afforded Equal Employment Opportunity in all phases of on-the-job training without discrimination because of race, color, religion, national origin, or sex or age.
(i) The expected completion date.
(6) Deregistration of Registered Preapprenticeship Programs.
Deregistration of a program may be effected either upon the voluntary action of the sponsor by a request for cancellation of the registration or upon notice by the Department to the sponsor stating cause, and instituting formal deregistration proceedings in accordance with the provisions of Sections 446.011 and 446.052, Florida Statutes.
(a) Cancellation by request of the sponsor. The Department may cancel the registration of a preapprenticeship program by a written acknowledgement of such request stating, but not limited to, the following:
1. The registration is cancelled at sponsors request and giving the effective date of such cancellation: and
2. That, within fifteen (15) business days of the date of the acknowledgment, the sponsor must notify all preapprentices of such cancellation and the effective date; that such cancellation automatically deprives the preapprentice of his or her individual registration.
Deregistration of an approved program shall be effected by the voluntary action of the registrant by request to the registration agency, stating cause and requesting formal deregistration. Deregistration shall be initiated when the registration agency has reason to believe or learns that the program sponsor is operating the preapprenticeship program sponsoring apprenticeship program out of compliance with the registered program standards or established uniform minimum standards of the Division of Labor, Employment and Training, or is otherwise not in compliance with the provisions of this rule.
(b) Deregistration by the Department. When requested by the sponsor, the Division or its designee will:
1. Deregistration proceedings may be undertaken when the preapprenticeship program is not conducted, operated, or administered in accordance with the registered standards or the requirements of Sections 446.011 and 446.052, Florida Statutes. Send notice to the sponsor that the program is canceled, at the sponsors request, giving effective date; and
2. Where it appears the program is not being operated in accordance with the registered standards or with the requirements of Sections 446.011 and 446.052, Florida Statutes, the Apprenticeship Representative shall notify the Department, and the Registration Officer shall so notify the program sponsor in writing. Advise the sponsor of responsibility to notify all participants within fifteen days prior to the effective date that the program is being canceled and that cancellation automatically terminates and deprives the individuals preapprenticeship registration.
3. The notice shall be sent by registered or certified mail, return receipt requested, shall state the deficiency(ies) and remedy(ies) required and shall state that the program will be deregistered for cause unless corrective action is taken within thirty (30) calendar days. Upon request by the sponsor for good cause, the Department may grant an extension for another thirty (30) calendar days.
4. During the period for correction, the sponsor shall be assisted in every reasonable way by the Department.
5. If the required action is not taken within the allotted time, the Department shall send a notice to the sponsor by registered or certified mail, return receipt requested, stating the following:
a. This notice is sent pursuant to this subsection;
b. That certain deficiencies were called to sponsors attention and remedial actions requested;
c. Based upon the stated cause, the program will be deregistered, unless within twenty-one (21) days of receipt of this notice, the sponsor requests a hearing in accordance with Chapter 120, Florida Statutes;
d. If a hearing is not requested by the sponsor, the program will be automatically deregistered.
6. If the sponsor requests a hearing, the request shall be handled in conformity with Chapter 120, Florida Statutes.
7. Every order of deregistration shall contain a provision that the sponsor shall, within fifteen (15) business days of the effective day of the order, notify all registered preapprentices and participating employers of the deregistration of the program, the effective date, and that such action automatically deprives the preapprentice of his/her individual registration.
8. Every order of deregistration shall contain a provision that the Sponsor shall, within fifteen (15) business days of the effective day of the order, notify all registered preapprentices and participating employers of the deregistration of the program, the effective date, and that such action automatically deprives the preapprentice of his/her individual registration.
(c) When it appears the program is not operating in compliance, the division or its designee will:
1. Notify the sponsor, by registered mail, stating program deficiency and advising of required remedies and shall state the program will be deregistered for cause unless corrective action is taken within 30 days;
2. During the period for correction, assist in formulation corrective action plan; and
3. If required action is not taken within the allocated time, the division or its designee shall provide notice to the sponsor, including:
a. Identification of this subsection as authority for notice;
b. Identification of certain deficiencies which were called to the sponsors attention and remedial action requested;
c. Notification that based upon stated cause, the program will be deregistered within 15 calendar days of receipt of the notice, unless the sponsor requests a hearing; and
d. Notification that if a hearing is not requested by the sponsor, the program will be automatically deregistered.
e. Sponsors shall be notified of automatic deregistration by final agency action.
(d) If the sponsor requests a hearing, the Director of the Division of Labor, Employment and Training shall be notified. The Secretary of the Department of Labor and Employment Security, or designee, will conduct the hearing or request that the Division of Administrative Hearings conduct the hearing as provided in Chapter 120, F.S. Chapter 38-5, F.A.C., shall apply to hearings conducted by the Secretary or designee.
(e) Based upon evidence presented at the hearing, the hearing officer may recommend and the Division Director, shall allow the sponsor 15 days to achieve voluntary corrective action.
(f) Every order of deregistration shall contain a provision that the sponsor shall, within 15 workdays of the effective date of order, notify all registered preapprentices of the deregistration of the program, the effective date, and that such action automatically deprives the preapprentice of individual registration.
(7) Reinstatement of Program Registration. Any preapprenticesip program deregistered pursuant to Sections 446.011 and 446.052, Florida Statutes, may be reinstated upon presentation of adequate evidence that the preapprenticeship program is operating in accordance with Sections 446.011 and 446.052, Florida Statutes. Such evidence shall be presented to the Registration Officer if the sponsor has not requested a hearing or to the Department if an order of deregistration was entered pursuant to a hearing.
(8)(7) Program Completers Completors.
(a) The sponsor of an apprenticeship program shall give primary consideration for admission to persons who complete the sponsors preapprenticeship program.
(b) The preapprenticeship completers completors who enter an apprenticeship program shall be exempted from repeating any related course of instruction equal to the time period of their preapprenticeship, if the completer graduate passes a competency examination. Exemptions shall be determined based upon the standards established by the registered apprenticeship program sponsor and registered as part of the preapprenticeship program.
Rulemaking Specific Authority 446.011, 446.032, 446.041(12) FS. Law Implemented 446.052 FS. HistoryNew 6-9-81, Formerly 38C-16.10, Amended 8-18-94, 4-8-96, Formerly 38C-16.010, Amended 1-25-98, 3-15-98, 4-27-98, Formerly 38H-16.010, Amended________.
6A-23.011 Program Performance Standards.
(1) Every registered apprenticeship program must have at least one (1) registered apprentice, except for the following specified periods of time, which may not exceed one (1) year:
(a) Between the date when a program is registered and the date of registration for its first apprentice(s); or
(b) Between the date that a program graduates an apprentice and the date of registration for the next apprentice(s) in the program.
(2) The Department must evaluate performance of registered apprenticeship programs. The tools and factors to be used must include, but are not limited to the following:
(a) Quality assurance assessments;
(b) Equal Employment Opportunity (EEO) Compliance Reviews; and
(c) Completion rates.
(d) Adherence to the approved program standards.
(e) Compliance with applicable rules of the Department, state statutes and federal regulations.
(3) In order to evaluate completion rates, the Department must review a programs 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.
(4) Cancellation of apprenticeship agreements during the probationary period will not have an adverse impact on a sponsors completion rate.
Rulemaking Authority 446.032, 446.041(12) FS. Law Implemented 446.052 FS. HistoryNew________.
