Maine Revised Statutes Title 26 Sec. 3202 – Maine Apprenticeship Program; eligibility and registration procedure
Current as of: 2023 | Check for updates
|
Other versions
The Maine Apprenticeship Program is established for the purposes of registration and oversight of apprenticeship programs in the State. The Maine Apprenticeship Program is administered by the department, which is the state apprenticeship agency and registration agency for the purposes of 29 Code of Federal Regulations, Parts 29 and 30. [PL 2011, c. 491, §13 (NEW).]
1. Registration; eligibility. A sponsor may apply with the Maine Apprenticeship Program for review and approval of an apprenticeship program or apprenticeship agreement. To be eligible for registration, the apprenticeship program or apprenticeship agreement must meet the requirements of this chapter, must involve training in an apprenticeable occupation and must comply with state and federal law regarding equal employment opportunity in apprenticeship and training. An apprenticeship program is registered upon its acceptance and recording by the Maine Apprenticeship Program as meeting the basic standards and requirements for approval of such a program for federal purposes, as evidenced by a certificate of registration or other written indicia. An apprenticeship agreement is registered upon its acceptance and recording by the Maine Apprenticeship Program as evidence of an apprentice‘s participation in a particular registered apprenticeship program.
[PL 2011, c. 491, §13 (NEW).]
Terms Used In Maine Revised Statutes Title 26 Sec. 3202
- Apprentice: means a person who is at least 16 years of age, except when a higher minimum age standard of 18 years of age is otherwise fixed by law or a sponsor, who is employed to learn an apprenticeable occupation that is approved by the department and who is registered with the Maine Apprenticeship Program. See Maine Revised Statutes Title 26 Sec. 3201
- Apprenticeable occupation: means an occupation that is specified by industry and that:
A. See Maine Revised Statutes Title 26 Sec. 3201Apprenticeship agreement: means a written agreement between an apprentice and a sponsor or employer that contains the terms and conditions of the employment and training of the apprentice. See Maine Revised Statutes Title 26 Sec. 3201 Apprenticeship program: means a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, including such matters as the requirement for an apprenticeship agreement, a schedule of work experience outlining the skills to be learned on the job, a schedule of related instruction courses necessary to supplement the on-the-job learning and a schedule of progressively increasing wages to be paid to an apprentice consistent with the skill proficiencies achieved and leading toward a journeyman wage rate. See Maine Revised Statutes Title 26 Sec. 3201 Department: means the Department of Labor. See Maine Revised Statutes Title 26 Sec. 3201 Employer: means a person or organization employing an apprentice, whether or not the person or organization is a party to an apprenticeship agreement with the apprentice. See Maine Revised Statutes Title 26 Sec. 3201 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Federal purposes: includes any federal contract, grant, agreement or arrangement dealing with apprenticeship and any federal financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference or right pertaining to apprenticeship. See Maine Revised Statutes Title 26 Sec. 3201 Maine Apprenticeship Program: means the Maine Apprenticeship Program established in section 3202. See Maine Revised Statutes Title 26 Sec. 3201 Oversight: Committee review of the activities of a Federal agency or program. Provisional registration: means the one-year initial provisional registration of newly registered apprenticeship programs under section 3202, subsection 5. See Maine Revised Statutes Title 26 Sec. 3201 Registered apprenticeship: means an apprenticeship program registered with the Maine Apprenticeship Program in accordance with Title 26, chapter 37. See Maine Revised Statutes Title 1 Sec. 72 Registration: means registration with the Maine Apprenticeship Program under section 3202. See Maine Revised Statutes Title 26 Sec. 3201 Registration agency: means the state apprenticeship agency, which is responsible for registering apprenticeship programs and apprentices, providing technical assistance and conducting compliance and quality assurance assessments. See Maine Revised Statutes Title 26 Sec. 3201 Sponsor: means a person, association, apprenticeship committee or organization operating an apprenticeship program and in whose name the apprenticeship program is or is to be registered or approved. See Maine Revised Statutes Title 26 Sec. 3201 State apprenticeship agency: means the department, which is the state government agency that has responsibility and accountability for apprenticeship in the State and is recognized by the United States Department of Labor, Office of Apprenticeship as an agency that has been properly constituted under state law and authorized by the Office of Apprenticeship to register and oversee apprenticeship programs and apprenticeship agreements for federal purposes. See Maine Revised Statutes Title 26 Sec. 3201 Technical assistance: means guidance provided by the Bureau of Employment Services within the department in the development, revision, amendment or processing of a potential or current sponsor's standards of apprenticeship or apprenticeship agreements or advice or consultation provided by the bureau to a sponsor to further compliance with or remedy nonconformance to state and federal law, regulation or rule. See Maine Revised Statutes Title 26 Sec. 3201 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Apprentices registered. Except as provided under subsection 3, apprentices must be individually registered under a registered sponsor and in a registered apprenticeship program. Such individual registration may be effected by filing copies of each individual apprenticeship agreement with the Maine Apprenticeship Program.
[PL 2011, c. 491, §13 (NEW).]
3. Probationary employment. A sponsor shall submit the name of a person in a period of probationary employment under section 3203, subsection 1, paragraph H as an apprentice under a registered apprenticeship program within 45 days of employment to the Maine Apprenticeship Program for certification and to establish the apprentice in probationary status.
[PL 2011, c. 491, §13 (NEW).]
4. Certificate. If the Maine Apprenticeship Program approves an apprenticeship program, it shall register that apprenticeship program and issue a sponsor approval certificate.
[PL 2011, c. 491, §13 (NEW).]
5. Review. The Maine Apprenticeship Program shall review an application for registration of an apprenticeship program. An apprenticeship program that meets the standards for registration must be given provisional registration for a period of one year. The Maine Apprenticeship Program shall review an apprenticeship program for quality and conformity with the requirements of this chapter at the end of the first year after registration. A program that conforms to the requirements may have its registration be made permanent or may continue to be provisionally registered through the first full training cycle. An apprenticeship program that is not in operation or does not conform to the requirements must be deregistered pursuant to section 3206.
The Maine Apprenticeship Program shall review a provisionally registered apprenticeship program for quality and conformity with the requirements of this chapter at the end of the first full training cycle. If the provisionally registered apprenticeship program receives a satisfactory review, the Maine Apprenticeship Program shall convert the provisional registration to permanent registration. Subsequent reviews must be conducted no less frequently than every 5 years. An apprenticeship program that is not in operation or does not conform to the requirements must be deregistered pursuant to section 3206.
[PL 2011, c. 491, §13 (NEW).]
6. Change of program. A sponsor may not make a change to a registered apprenticeship program unless the change is approved by the Maine Apprenticeship Program. To make a change to a registered apprenticeship program, a sponsor must submit a request to the Maine Apprenticeship Program. The Maine Apprenticeship Program shall approve or disapprove the requested change within 90 days from receipt of the request. If approved, the change must be recorded and acknowledged by the Maine Apprenticeship Program within 90 days of approval. If not approved, the Maine Apprenticeship Program shall notify the sponsor of the disapproval and the reason for the disapproval and provide the appropriate technical assistance.
[PL 2011, c. 491, §13 (NEW).]
7. Union participation. An apprenticeship program may be proposed for registration by an employer or group of employers or an employers association. An employer or employers association with respect to which there exists a standard or a collective bargaining agreement or other instrument that provides for participation by a union in any aspect of the operation of the substantive matters of an apprenticeship program must, if such participation is exercised, include in the apprenticeship program proposed for registration written acknowledgment of union agreement or no objection to the registration. If such participation is not so provided for or practiced, the employer or employers association must simultaneously furnish to an existing union, if any, that is the collective bargaining agent of the employees to be trained a copy of its application for registration and of the apprenticeship program. The registration agency shall provide for receipt of union comments within 45 days before final action on the application for registration.
[RR 2011, c. 2, §32 (COR).]
SECTION HISTORY
RR 2011, c. 2, §32 (COR). PL 2011, c. 491, §13 (NEW).