§ 1115. Program registration and operation

(a) Application.

(1) A sponsor may apply with the Vermont Registered Apprenticeship Program for review and approval of a request to register a local apprentice training program within the State.

(2) A local apprentice training program is registered upon its acceptance and recording by the Vermont Registered Apprenticeship Program as meeting the basic standards and requirements for approval of such a program and in compliance with rules established by the Commissioner.

(b) Eligibility for registration of an apprenticeship program.

(1) To be eligible for registration an employer or sponsor must:

(A) be registered as a business in “active” status with the Secretary of State’s Office and the business name and address must match that of the business requesting to be registered as a program;

(B) be current and in good standing with the Department of Taxes;

(C) be current and in good standing with the Department of Labor’s Unemployment Insurance program;

(D) be compliant with the Department of Labor’s Workers’ Compensation program; and

(E) meet any occupation specific requirements as established by the Vermont Registered Apprenticeship Program for specific occupations.

(2) Employers or sponsors found not to meet the requirements of subsection (b) of this section shall be given notice and allowed 30 business days to resolve any outstanding issue before action is taken on the registration request.

(3) An employer that seeks to register using National Program Standards (NPS) or National Guideline Standards (NGS) shall meet the requirements of this section.

(c) Procedure for registering an apprenticeship program.

(1) An employer or sponsor’s request to register an apprenticeship program shall be submitted to the Director using the form and submission method published on the Department’s website.

(2) Incomplete submissions shall not be considered.

(3) A complete request shall include:

(A) written and complete standards of apprenticeship, including minimum qualifications;

(B) a work process schedule for each occupation;

(C) related technical instruction outline for each occupation;

(D) selection procedures, including procedures for advanced standing; and

(E) a wage schedule for each occupation.

(4) An employer or program sponsor shall identify any proprietary information or processes within the registration request. Proprietary information obtained from an employer or program sponsor in the administration of this chapter shall be held confidential and shall not be disclosed or open to public inspection without the written authorization of the employer or program sponsor.

(d) Review; provisional and permanent approval.

(1) The Vermont Registered Apprenticeship Program shall review all requests to register an apprenticeship program for initial conformity with requirements established in 29 C.F.R. § 29.4, 29 C.F.R. part 30, this chapter, and with any additional requirements established by the Vermont Registered Apprenticeship Program.

(2) An apprenticeship program that meets the standards for registration shall be given provisional registration for a period of one year.

(3) An initial provisional registration certificate shall be issued by the Director.

(4) The Vermont Registered 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.

(5) An apprenticeship program that conforms to the requirements may have its registration made permanent or may continue to be provisionally registered until the end of its first training cycle or until enough information regarding compliant operation can be made available.

(6) When an apprenticeship program has completed its provisional review period and is found to be compliant, the Director shall issue a certificate of permanent registration.

(e) Ongoing review.

(1) The Department shall conduct subsequent reviews of every registered apprenticeship program every five years.

(2) If it is found that an apprenticeship program is not in operation or does not conform to the requirements of this chapter, the Department shall deregister that program in accordance with section 1120, deregistration, of this title.

(f) Union participation.

(1) An apprenticeship program may be proposed for registration by an employer, group of employers, or an industry association.

(2) If a standard or a collective bargaining agreement or other instrument exists for one or more of the employers or industry association, that provides for participation by a union and concerns any aspect of the operation of the substantive matters of an apprenticeship program, a written acknowledgment by the union about the terms of the proposed program and any objections it may have shall accompany the program registration request.

(g) Certificate. If the Vermont Registered Apprenticeship Program approves an apprenticeship program, it shall register that apprenticeship program and issue a sponsor approval certificate indicating the approval status as provisional or permanent and may include an expiration date or similar notice that communicates the relationship with the program review cycle.

(h) National programs.

(1) Organizations with a national or multistate footprint wishing to adopt and implement National Guideline Standard programs within the State shall notify the Director within 45 business days of the planned start date of the apprenticeship program.

(2) National Program Standard holders who wish to afford Vermont residents the opportunity to apprentice in a NPS program shall notify the Director within 45 business days and shall follow other minimal requirements as may be required by the Vermont Registered Apprenticeship Program for reciprocal approval.

(i) Program operation.

(1) Probationary Employment. A sponsor shall submit the name of a person in a period of probationary employment as an apprentice under an apprenticeship program within 45 days of the start of employment to the Vermont Registered Apprenticeship Program to establish the apprentice in probationary status.

(2) Changes in status. A sponsor shall notify the Vermont Registered Apprenticeship Program, using methods and procedures approved by the Director, within 45 business days of registered apprentices who:

(A) have successfully completed an apprenticeship program;

(B) transferred to other programs with the same sponsor or to other sponsors;

(C) are suspended;

(D) are cancelled; or

(E) are reinstated.

(3) Program changes.

(A) A sponsor shall not make a change to an apprenticeship program unless the change is approved by the Vermont Registered Apprenticeship Program.

(B) To make a change to an apprenticeship program, a sponsor shall submit a request to the Vermont Registered Apprenticeship Program.

(C) The Director shall approve or deny the requested change within 90 business days from receipt of the request.

(D) If approved, the change will be recorded and acknowledged by the Vermont Registered Apprenticeship Program within 90 business days.

(E) If denied, the Vermont Registered Apprenticeship Program shall notify the sponsor of the disapproval and the reason for the disapproval and provide the appropriate technical assistance. (Added 2023, No. 55, § 1, eff. July 1, 2023.)