Eligibility and Procedure for Bureau Registration, Standards of Apprenticeship, Deregistration of Bureau Registered Program, Complaints, Preapprenticeship Programs, Program Performance Standards

DEPARTMENT OF EDUCATION
State Board of Education

Rule No. : RULE TITLE :
6A-23.003: Eligibility and Procedure for Bureau Registration
6A-23.004: Standards of Apprenticeship
6A-23.006: Deregistration of Bureau Registered Program
6A-23.008: Complaints
6A-23.010: Preapprenticeship Programs
6A-23.011: Program Performance Standards

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 47, November 24, 2010 issue of the Florida Administrative Weekly.

Subsection (1) of 6A-23.003 is amended to read:

6A-23.003 Eligibility and Procedure for Bureau Registration.

(1) No apprenticeship program or agreement shall be eligible for Department of Education 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 is included on the U.S. Department of Labor’s apprenticeable occupation list as of the effective date of this rule, which is incorporated by reference herein which is accessed at: http://www.doleta.gov/oa/bul10/Bulletin_2010_30_List_Apprenticeable_Occupations.pdf. A hard copy may be obtained by contacting the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section, 325 West Gaines Street, Room 754, Tallahassee, FL 32399.

Rulemaking Authority 446.032, 446.041 FS. Law Implemented 446.032, 446.041, 446.051, 446.052, 446.071, 446.075, 446.092 FS. History–New 6-9-81, Formerly 38C-16.03, Amended 5-29-90, Formerly 38C-16.003, 38H-16.003, Amended________.

 

Subparagraph (2)(n)1. and paragraph (2)(z) of 6A-23.004 are amended to read:

6A-23.004 Standards of Apprenticeship.

(2)(n)1. Meet the Florida Department of Education’s 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, as demonstrated by being a journeyworker, or by holding the licensure or certification required in the given occupation; and

(z) All apprenticeship standards must contain articles necessary to comply with 29 C.F.R. part 29, effective December 29, 2008, and 29 C.F.R. part 30, effective May 12, 1978, which are incorporated by reference herein. A hard copy may be obtained by contacting the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section, 325 West Gaines Street, Room 754, Tallahassee, FL 32399. Federal laws, regulations, and rules pertaining to apprenticeship;

Subsection (2) and paragraph (2)(c) of 6A-23.006 are amended to read:

6A-23.006 Deregistration of Bureau Registered Program.

(2) Deregistration by the Department. Deregistration proceedings shall be conducted in conformity with Title 29 C.F.R., §§ 29.8 and 29.10, effective December 29, 2008, which are incorporated by reference herein and may be obtained by contacting the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section, 325 West Gaines Street, Room 754, Tallahassee, FL 32399, as follows:

(c) 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 and for good cause, the Department may grant an extension for another thirty (30) calendar days. Good cause shall include any circumstance under which the sponsor is making a good faith effort to resolve the claimed deficiency.

Rulemaking 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. History–New 6-9-81, Formerly 38C-16.06, 38C-16.006, 38H-16.006, Amended________.

 

Subsection (6) of 6A-23.008 is amended to read:

6A-23.008 Complaints.

(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., effective May 12, 1978, which is incorporated by reference herein. A hard copy may be obtained by contacting the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section, 325 West Gaines Street, Room 754, Tallahassee, FL 32399.

Rulemaking Authority 446.032, 446.041 FS. Law Implemented 446.041(2), (4) FS. History–New 6-9-81, Formerly 38C-16.08, 38C-16.008, 38H-16.008, Amended________.

 

Paragraph (3)(h), Subparagraphs (4)(c)1., a.-d., paragraph (4)(k), subsection (6), subparagraphs (6)(b)1.-2., and subsection (7) of 6A-23.010 are amended to read:

6A-23.010 Preapprenticeship Program.

(3)(h) 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 not less than every five years as needed.

(4)(c) Required Safety Practices.

1. All preapprenticeship programs must comply with Section 450.061, Florida Statutes, and 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.), effective July 19, 2010.

b. Florida Statutes, Section 450.061.

b.c. Rule 61L-2.003, F.A.C., effective October 7, 1993.

c.d. Rule 61L-2.004, F.A.C., effective October 7, 1993.

d.e. Rule 61L-2.005, F.A.C., effective October 7, 1993.

(k) Instructing the preapprentice in safety and health related work practices, including 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 Public Law 91-596, dated December 29, 1970.

(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 following provisions provisions of Sections 446.011 and 446.052, Florida Statutes.

(b)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 Chapter 6A-23, F.A.C. Sections 446.011 and 446.052, Florida Statutes; and

2. Where it appears the program is not being operated in accordance with the registered standards or with the requirements of Chapter 6A-23, F.A.C. 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.

(7) Reinstatement of Program Registration. Any preapprenticeship program deregistered pursuant to this rule 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 the requirements of Chapter, 6A-23, F.A.C. 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.

Paragraph (2)(e) of 6A-23.011 is amended to read:

6A-23.011 Program Performance Standards.

(2)(e) Compliance with rules relating to apprenticeship programs established in Chapter, 6A-23, F.A.C. applicable rules of the Department, state statutes and federal regulations.

Rulemaking Authority 446.032, 446.041(12) FS. Law Implemented 446.032, 446.041 446.052 FS. History–New________.