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09.01.12 - Office of the Secretary - Final Regulations

FINAL ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 43, ISSUE 5,
FRIDAY, MARCH 4, 2016

Subtitle 10 OFFICE OF THE SECRETARY

09.01.12 Apprenticeship Maryland

Authority: Business Regulation Article, §2-105; Labor and Employment Article, §11-603(k); Annotated Code of Maryland

Notice of Final Action
[15-419-F]

On February 24, 2016, the Secretary of Labor, Licensing, and Regulation adopted new Regulations .01—.08 under a new chapter, COMAR 09.01.12 Apprenticeship Maryland. This action, which was proposed for adoption in 42:26 Md. R. 1606—1607 (December 28, 2015), has been adopted as proposed.

Effective Date: March 14, 2016.

KELLY M. SCHULZ
Secretary of Labor, Licensing, and Regulation

.01 Scope.
  A. This chapter establishes requirements for the youth apprenticeship pilot program known as Apprenticeship Maryland.
  B. Except as provided in §C of this regulation, the requirements of COMAR 09.12.42 and COMAR 09.12.43 do not apply to youth apprenticeship under Apprenticeship Maryland.
  C. If an employer interested in participating in Apprenticeship Maryland already operates an apprenticeship program approved by the Maryland Apprenticeship and Training Council, the employer may choose to proceed with obtaining approval for a youth apprenticeship program under these regulations or under the provisions of COMAR 09.12.42 and COMAR 09.12.43.

.02 Definitions.
  A. In this chapter, the following terms have the meanings indicated.
  B. Terms Defined.
    (1) “Apprenticeship Maryland” means the pilot apprenticeship program to provide students with some of the necessary on-site employment training and related classroom instruction needed to obtain a license or certification for a skilled occupation.
    (2) “Council” means the Maryland Apprenticeship and Training Council.
    (3) “DLLR” means the Department of Labor, Licensing, and Regulation.
    (4) “Eligible career track” means an occupation in the manufacturing industry, or the science, technology, engineering, and math industries.
    (5) “Eligible employer” means an employer that:
      (a) Has an apprentice position available for a high school student in an eligible career track; and
      (b) Is approved by the Maryland Apprenticeship and Training Council under Labor and Employment Article, §11-405(b), Annotated Code of Maryland.
    (6) “MSDE” means the Maryland State Department of Education.
    (7) “Secretary” means the Secretary of the Department of Labor, Licensing, and Regulation.
    (8) “Youth apprentice” means an eligible student who is:
      (a) Interested in obtaining a license or certification in a skilled occupation;
      (b) A junior or senior in high school in the State; and
      (c) Selected to participate in Apprenticeship Maryland by the county superintendent from a participating school system.

.03 Eligible Employer Application.
  A. An employer shall apply in writing on the application form provided by DLLR to the Maryland Apprenticeship and Training Council and the Secretary in order to be approved as an eligible employer in Apprenticeship Maryland.
  B. The employer shall provide other information and materials as requested by DLLR and MSDE for consideration as an eligible employer.

.04 Consideration and Approval of an Eligible Employer.
  A. Upon receipt of an employer’s application for approval as an eligible employer, the Council, in consultation with the Commissioner of the Division of Labor and Industry, shall consider the application and any supporting materials provided by the employer.
  B. The Council shall consider the application based on criteria developed by DLLR and MSDE for Apprenticeship Maryland.
  C. In the event of a disagreement between the Council and the Division of Labor and Industry regarding approval of an application by an employer, the Secretary shall resolve the dispute in accordance with Labor and Employment Article, §11-405(d), Annotated Code of Maryland.

.05 Eligible Employer Requirements.
  A. An employer who is approved as an eligible employer shall file a copy of the completed youth apprenticeship agreement with the Council prior to the youth apprentice commencing the apprenticeship.
  B. An eligible employer shall report data as required by DLLR and MSDE.
  C. An eligible employer shall follow all policies, procedures, and requirements established by DLLR and MSDE.

.06 Youth Apprenticeship Agreement.
An eligible employer shall use the youth apprenticeship agreement provided by DLLR.

.07 Dismissal of a Youth Apprentice.
  A. Subject to §B of this regulation, an eligible employer may request to dismiss a youth apprentice who does not comply with the employer’s work rules or the requirements of Apprenticeship Maryland.
  B. An eligible employer shall follow the requirements for dismissal established by DLLR and MSDE.

.08 Complaints Regarding Eligible Employers.
  A. A youth apprentice may file a complaint regarding an eligible employer with the Secretary.
  B. The Secretary shall conduct an investigation and take the appropriate action.