1. (a) Agreements approved by Joint Apprenticeship Committee

   1. (1) An apprentice agreement in an approved joint apprenticeship program shall be approved by the joint apprenticeship committee if the agreement complies with the apprenticeship program standards and Chapter 4 of Division 3 of the Labor Code and its implementing regulations under Title 8, California Code of Regulations, Section 200 et seq; and where there are adequate related and supplemental instruction and an assurance of employment to provide on-the-job training.
   2. (2) After approval by the joint apprenticeship committee, the agreement shall be sent to DAS for registration within thirty (30) days of its execution by the apprentice. For programs in the building and construction trades industry, the agreement shall be submitted to DAS in an acceptable electronic format, and a signed original of the agreement shall be retained by the program for at least three years following the completion or cancellation of the agreement.
   3. (3) DAS shall register the agreement if DAS determines that it was approved in accordance with the requirements set out above, under subsection (a)(1), and it was submitted to DAS within thirty (30) days of its execution by the apprentice.
   4. (4) Within thirty (30) days of receipt of the agreement, DAS shall either register the agreement or return it to the program sponsor with the reasons for non-registration. If DAS registers the agreement, the registration shall be effective as of the date of its execution by the apprentice.

2. (b) Agreements approved by the Administrator

   1. (B) The agreement shall be approved if the Administrator determines that it complies with the requirements set out above, under subsection (a)(1), and it was submitted to DAS within thirty (30) days of its execution by the apprentice.

   2. (2) If approved, the agreement shall be considered registered as of the date of its execution by the apprentice. If the Administrator does not approve the agreement, it shall not be registered and shall be returned to the program sponsor within 30 days of the date of receipt with the reasons for non-approval.

      (c)(1) DAS may suspend registrations of new agreements by providing written notice of the reasons for the suspension. DAS shall provide such notice at least 10 days before the suspension is effective and serve the notice on the program sponsor by electronic mail, or by mail if the program sponsor does not have an electronic mail address on file.

   3. (2) If DAS does not initiate deregistration proceedings in accordance with Section 212.4 within 45 days of the effective date of the suspension, the suspension is lifted.

   4. (3) If deregistration proceedings are pending when the notice of suspension is served, or DAS initiates deregistration proceedings within 45 days of the effective date of the suspension, the suspension will remain in effect until one of the following occurs:

      1. (A) A decision on the deregistration is final;
      2. (B) DAS provides written notice that it has dismissed deregistration proceedings;
      3. (C) DAS lifts the suspension, upon a showing of good cause.
   5. (4) A program sponsor affected by a suspension under this section may appeal to the Administrator within 10 days of the effective date of the suspension. If the Administrator does not act within 30 days of the appeal, the appeal is deemed denied.

   (1)(A) If there is no joint apprenticeship committee, the apprenticeship agreement shall be sent to DAS for approval by the Administrator within thirty (30) days of its execution. For programs in the building and construction trades industry, the agreement shall be submitted to DAS in an acceptable electronic format, and a signed original of the agreement shall be retained by the program for at least three years following the completion or cancellation of the agreement.

Note: Authority cited: Sections 3071 and 3073.9, Labor Code. Reference: Sections 3071, 3073.1, 3073.9, 3075.7, 3079 and 3080, Labor Code.

History

1. New section filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3). For prior history, see Register 85, No. 4.

2. Amendment of subsection (a)(2), redesignation and amendment of former subsection (b)(1) as subsections (b)(1)(A)-(B), amendment of subsection (b)(2) and amendment of Note filed 2-9-2021; operative 4-1-2021 (Register 2021, No. 7). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

3. Amendment of section heading, new subsections (c)(1)-(4) and amendment of Note filed 2-27-2024; operative 4-1-2024 (Register 2024, No. 9).