Maine Revised Statutes Title 26 Sec. 3204 – Apprenticeship program performance standards
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1. Minimum number of apprentices. A registered apprenticeship program must have at least one registered apprentice, except for the following specified periods of time if the periods do not exceed one year:
A. Between the date when the apprenticeship program is registered and the date of registration for its first apprentice; and [PL 2011, c. 491, §13 (NEW).]
B. Between the date that the apprenticeship program graduates an apprentice and the date of registration for the next apprentice in the program. [PL 2011, c. 491, §13 (NEW).]
[PL 2011, c. 491, §13 (NEW).]
Terms Used In Maine Revised Statutes Title 26 Sec. 3204
- 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
- Apprenticeship 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
- Completion rate: means the percentage of an apprenticeship cohort that receives a certificate of completion of apprenticeship within one year of the projected completion date. See Maine Revised Statutes Title 26 Sec. 3201
- Department: means the Department of Labor. 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
- 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
- Related instruction: means an organized and systematic form of instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the apprentice's occupation and given in a classroom, through occupational or industrial courses or by correspondence courses of equivalent value, electronic media or other forms of self-study approved by the department. 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
- Total package value: means the hourly sum of the following:
A. See Maine Revised Statutes Title 26 Sec. 3201Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transfer: means a shift of registration from one apprenticeship program to another or from one employer within a program to another employer within that same program, in accordance with an agreement between the apprentice and the affected sponsors. 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. Evaluation. The Maine Apprenticeship Program shall evaluate the performance of a registered apprenticeship program. The tools and factors to be used must include, but are not limited to:
A. Quality assurance assessments; [PL 2011, c. 491, §13 (NEW).]
B. Equal employment opportunity compliance reviews; [PL 2023, c. 318, §7 (AMD).]
C. Completion rates. The cancellation of an apprenticeship agreement during the probationary period under section 3205, subsection 8 does not have an adverse impact on an apprenticeship program’s completion rate; and [PL 2023, c. 318, §7 (AMD).]
D. The total package value of a registered apprenticeship program. [PL 2023, c. 318, §7 (NEW).]
[PL 2023, c. 318, §7 (AMD).]
3. Transfers. A transfer of an apprentice between apprenticeship programs or within an apprenticeship program must be based on agreement between the apprentice and the affected sponsors and:
A. The sponsor must provide the transferring apprentice with a transcript of related instruction and on-the-job learning; [PL 2011, c. 491, §13 (NEW).]
B. The transfer may be only to an apprenticeship program for the same occupation as the one from which the apprentice is being transferred; and [PL 2011, c. 491, §13 (NEW).]
C. If the transfer occurs between sponsors, a new apprenticeship agreement must be executed. [PL 2011, c. 491, §13 (NEW).]
[PL 2011, c. 491, §13 (NEW).]
4. Notice. A sponsor shall notify the Maine Apprenticeship Program of a person who has completed an apprenticeship program, of a transfer under subsection 3 or of a suspension or cancellation of an apprenticeship agreement under section 3205 within 45 days of the completion, transfer, suspension or cancellation. Notice of a transfer, suspension or cancellation must include the reasons for the transfer, suspension or cancellation.
[PL 2011, c. 491, §13 (NEW).]
5. Registered apprenticeship programs not in compliance. The department shall identify and act to remedy registered apprenticeship programs that are:
A. Not in compliance with quality assurance assessments; [PL 2023, c. 318, §8 (NEW).]
B. Experiencing low rates of retention or completion; or [PL 2023, c. 318, §8 (NEW).]
C. Not providing an adequate total package value to apprentices completing an apprenticeship program as determined by the department. [PL 2023, c. 318, §8 (NEW).]
The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2023, c. 318, §8 (NEW).]
6. Department to perform assessment annually. Beginning January 1, 2024, the department shall annually perform an assessment on the Maine Apprenticeship Program. The assessment must include, but is not limited to, the following:
A. A summary of performance data collected from program sponsors; [PL 2023, c. 318, §9 (NEW).]
B. Best practices being used and areas for improvement, as determined by the department; and [PL 2023, c. 318, §9 (NEW).]
C. Steps taken by the department to ensure continuous improvement on key performance metrics. [PL 2023, c. 318, §9 (NEW).]
[PL 2023, c. 318, §9 (NEW).]
SECTION HISTORY
PL 2011, c. 491, §13 (NEW). PL 2023, c. 318, §§7-9 (AMD).