(A)To be eligible
for program registration, a sponsor must have a physical presence in Ohio and
either be incorporated in the state or have operated in Ohio for at least
twelve months. This provision shall not be interpreted to preclude any employer
from joining an existing apprenticeship program. The applicant must have
resources to carry out the functions of a registered sponsor, including but not
limited to related instruction, on-the-job training, administrative duties, and
record keeping.
(B)Program To have legal effect,
program registration, and changes in
registered programs, must be approved by the
council office in keeping with the following procedures:
(1)Each applicant
for program registration must submit a set of program standards to the council
office, in the form of an organized, written plan embodying the terms and
conditions of employment, training, and supervision in one or more
apprenticeable occupation(s) which the standards shall identify in terms of the
registered apprenticeship coding system.
(2)Additionally,
the standards shall provide:
(a)The name of
the registration entity to which the sponsor has applied for approval; and
(b)The name and
address of the organization sponsoring the program and the name, address, phone
number, and signature of the sponsor's authorized representative.
(3)The standards
shall include language demonstrating in detail the program's conformity with
each requirement of rule 5101:11-3-02 of the Administrative Code, and
specifying, where applicable, any differences among occupation courses within
the program.
(4)Where the
proposed standards, a collective bargaining agreement, or other instrument
provide for a local union to participate in operating a program, the program's
registration shall be subject to that local union's agreement or lack of
objection, which shall be communicated to the council office in writing along
with the standards document. Where a local union is the collective bargaining
agent of the employee(s) to be trained, but is not expected to participate in
operating the program, the sponsor shall provide the local union a copy of its
proposed standards; shall allow forty-five days for receipt of local union
comments, if any, before submitting the document to the council office; and
shall append to the standards any comment(s) received in the process and an
attestation that the provisions of this paragraph have been observed.
(5)The council
office shall grant provisional registration to a program submitting standards
in the prescribed manner, if such standards meet the requirements of division
5101:11 of the Administrative Code.
(a)Provisional
registration shall be effective for one year. At the end of that period, the
council office shall perform a compliance review of the program, which. Using procedures
described in rule 5101:11-7-01 of the Administrative Code, the review
shall assess conformity with its the program's approved standards and all requirements
for registered programs, as described in division 5101:11 of the Administrative
Code, and will ascertain the need for an affirmative
action plan and whether a demographic deficiency exists in terms defined in
paragraph (B) of rule 5101:11-6-02 of the Administrative Code. A program
found to meet the criteria of this review shall, at the council office's
discretion, either receive full registration or remain in provisional status
through its first full training cycle.
(b)At the end of
its first full training cycle, each registered program shall receive another
compliance review. Any program still provisionally registered at that point,
shall become fully registered if the results of this review are satisfactory.
(c)If a one-year
or first-cycle review finds that a program is either not operational or not
complying with the requirements of division 5101:11 of the Administrative Code,
the council office shall de-register the program.
(6)The council
office shall create an official record of every provisional and full registration. and In the case of provisional registration, the council office
will provide the respective sponsor with confirmation of program
approval by means of a certificate or other printed
indiciawritten statement.
(7)Any proposal
by a sponsor to change an aspect of its program that is governed by division
5101:11 of the Administrative Code, shall be promptly submitted to the council
office for review. Within ninety days of receiving the proposal, the council
office will determine whether to approve the change. If approved, the change
will be recorded as an amendment to the program standards within ninety days of the council office's decision.
If not approved, the sponsor must will be notified of the disapproval and the reasons
therefore and must will be
given the appropriate technical assistance.
Effective: 10/1/2020
Five Year Review (FYR) Dates: 7/6/2020 and 10/01/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 09/14/2020
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03, 4139.05
Prior Effective Dates: 10/08/1971, 06/20/1979, 11/23/1998,
03/22/2004, 06/06/2009, 08/07/2014