Or. Admin. R. 839-011-0140

Current through Register Vol. 63, No. 8, August 1, 2024

Section 839-011-0140 - Approval and Dissolution of Standards

(1) A local committee must submit new standards or revisions to previously approved standards, together with executed signature sheets and committee minutes to the Director at least 45 calendar days before the date of the next Council meeting pursuant to OAR 839-011-0030.

(2) Proposed standards and revisions must be in a form and format approved by Council that includes all elements specified in ORS chapter 660.126. The Council may require additional information of committees pursuant to OAR 839-011-0084, including program administration and training plans.

(3) Standards in a form or format other than that approved by the Council and the Division may be accepted when they are part of the federal Office of Apprenticeship approved national pattern standards and are consistent with federal Office of Apprenticeship regulations and guidelines, these rules and Council policies.

(4) With Council approval, local committees may charge applicants a reasonable non-refundable application fee. Such fees shall be stated in the standards as a minimum qualification for entry into the program. Committees shall be required to:

(a) Incorporate the payment of a non-refundable application fee into the minimum qualifications of the committee's standards. The standards shall also reflect that applicants with an income below 150% of the federal poverty guidelines may apply for a non-refundable application fee waiver. Federal poverty guidelines are established by the Federal Department of Health and Human Services and are recognized by the Oregon Adult and Family Services Division;

(b) Show that the non-refundable application fee results in no disparate impact and report annually to the Council whether disparate impact has been determined to result from the fees charged; and

(c) Show that the local committee experiences an extraordinary burden with respect to the administration of applications, i.e., beyond the ordinary course of conducting such procedures. Examples of an extraordinary burden include, but not limited to, development of specific entrance examinations, validation studies and extensive testing or interview procedures.

(5) Revised standards will supersede the committee's previous standards covering the same occupation.

(6) Every registered apprenticeship program must have at least one registered apprentice, except for the following specified periods of time that may not exceed 1 year:

(a) Between the date when a program is registered and the date of registration for its first apprentice(s); or

(b) Between the date that a program graduates an apprentice and the date of registration for the next apprentice(s) in the program.

(7) The Division shall report any standards that have had no registered apprentices for one (1) year to the Council for dissolution due to inactivity. Committees will be notified at that time that the standards will be dissolved if no apprentices registered within one (1) additional year.

(a) Committees may request administrative reactivation of standards that are dissolved due to inactivity if a new apprentice is identified within two (2) years of dissolution.

(A) Current documentation of OAR 839-011-0084(3) requirements shall be submitted to the Division with reactivation request.

(B) Apprentice registration can occur upon the Division's administrative approval of the reactivated standards. The standards will then be placed on the next Council agenda for ratification in accordance with OAR 839-011-0051.

(b) After two (2) years, standards dissolved due to inactivity shall be resubmitted as new standards and Council approval of the standards will be required prior to registration of new apprentices.

Or. Admin. R. 839-011-0140

BL 95, f. 8-16-65; BL 130, f. 10-5-72, ef. 10-15-72; BL 3-1978, f. & ef. 4-3-78; BL 13-1988, f. & cert. ef. 7-1-88; BL 1-1991, f. & cert. ef. 1-23-91; BL 6-1994, f. & cert. ef. 10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru 1-4-12; BLI 1-2012, f. & cert. ef. 1-3-12; BLI 6-2015(Temp), f. & cert. ef. 6-1-15 thru 11-27-15; BLI 15-2015, f. & cert. ef. 11/12/2015

Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 660.120(2)(b), 660.126 & 660.137