justicedao/ipfs_state_laws huggingface dataset:
839-010-0310 Disclosures Regarding Violations of Election Laws: Inspection (1) The Commissioner of the Bureau of Labor and Industries may inspect the accounts of a chief petitioner of an initiative or referendum petition relating to a state measure who pays any person money or other valuable consideration to obtain signatures on the petition or prospective petition, under reasonable circumstances at any time before the deadline for filing signatures on the petition or during the period specified for retention of the accounts, as provided in ORS 260.262(4). (2) The right of inspection may be enforced by a writ of mandamus issued by any court of competent jurisdiction. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 260.262(4) History: BLI 2-2015, f. & cert. ef. 1-28-15 BLI 12-2013, f. & cert. ef. 12-30-13
839-011-0000 Apprenticeship and Training Council — Notice of Proposed Rule Before the permanent adoption, amendment, or repeal of any rule, the Oregon State Apprenticeship and Training Council (hereinafter, Council) will give notice of the proposed adoption, amendment or repeal: (1) In the Secretary of State's Bulletin, referred to in ORS chapter 183.360 at least 21 calendar days before the rule’s effective date. (2) To persons on the Bureau of Labor and Industries (hereinafter, Bureau) mailing and e-mail lists established pursuant to ORS chapter 183.335(8) at least 28 calendar days before the rule’s effective date. (3) To the Legislature, by mailing a copy of the notice to the legislators specified in ORS chapter 183.335(15) at least 49 days before the effective date of the rule (4) To the general public, by posting the notice on the Bureau’s website. Statutory/Other Authority: ORS 660.120(1) Statutes/Other Implemented: ORS 183.335(7) & 183.360 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 6-1994, f. & cert. ef. 10-10-94 BL 3-1994, f. & cert. ef. 6-3-94 BL 1-1991, f. & cert. ef. 1-23-91 BL 4-1985, f. & ef. 8-8-85, Renumbered from 839-011-0117 BL 187, f. & ef. 2-19-76
839-011-0010 Apprenticeship and Training Council — Model Rules of Practice and Procedure The Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, are hereby adopted to govern the operations of the Bureau of Labor and Industries except to the extent they conflict with or are modified by rules in any division of chapter 839 of the Oregon Administrative Rules. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Bureau of Labor and Industries.] Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.341 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 7-1993, f. & cert. ef. 7-12-93 BL 1-1991, f. & cert. ef. 1-23-91 BL 13-1988, f. & cert. ef. 7-1-88 BL 4-1985, f. & ef. 8-8-85, Renumbered from 839-011-0118 BL 11-1982, f. & ef. 7-20-82 BL 1-1979, f. & ef. 1-23-79 BL 188, f. & ef. 4-7-76 BL 167, f. 9-20-74, ef. 10-11-74 BL 163(Temp), f. 6-19-74, ef. 6-19-74 BL 130, f. 10-5-72, ef. 10-15-72 BL 127, f. 7-27-72, ef. 8-15-72 BL 121(Temp), f. & ef. 3-24-72
839-011-0015 Apprenticeship and Training Council — Rules of Order The Council adopts Roberts Rules of Order for the conduct of meetings; provided, however, that specific Administrative Rules of the Council will take precedence over Roberts Rules of Order. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BL 1-1991, f. & cert. ef. 1-23-91 BL 4-1985, f. & ef. 8-8-85
839-011-0020 Apprenticeship and Training Council — Date and Location of Meetings The Council shall hold at least four regular public meetings each year as required by ORS chapter 660.120(5). The date of the next regular Council meeting will be designated by the Chair and announced at each Council meeting. Meetings may be scheduled at any location within the state of Oregon selected by the Chair. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(2)(g) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BL 1-1991, f. & cert. ef. 1-23-91 BL 4-1985, f. & ef. 8-8-85
839-011-0030 Apprenticeship and Training Council — Preparation of Agenda (1) All matters to be included on the agenda must be submitted in writing to the office of the Director by 5:00 p.m. at least 45 calendar days before the date of the next Council meeting. If the 45th calendar day before the next Council meeting falls on either a weekend or holiday, the items for the agenda must be submitted to the Director on the last business day before the 45th calendar day. (2) Late submissions for inclusion on the agenda that do not request the Council to approve, modify or revoke standards, committees or programs may be considered by the Council if a majority of the members agree. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 8-2024, temporary amend filed 01/26/2024, effective 01/29/2024 through 07/01/2024 BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 6-1994, f. & cert. ef. 10-10-94 BL 1-1991, f. & cert. ef. 1-23-91 BL 4-1985, f. & ef. 8-8-85
839-011-0040 Apprenticeship and Training Council — Public Participation at Meetings (1) The Council encourages public participation at all meetings. Individuals who wish to address the Council are required to sign up to speak at meetings. Individuals who fail to sign up may address the Council at the discretion of the Chair, pursuant to Roberts Rules of Order. (2) Meetings are held in facilities accessible to individuals with disabilities. Accommodations are available to allow individuals with disabilities to access and participate in all Council meetings. Accommodations may be requested by contacting the Division at (971) 673-0760 or Oregon Relay for hearing impaired assistance at 711 at least 10 business days prior to the meeting. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 1-1991, f. & cert. ef. 1-23-91 BL 4-1985, f. & ef. 8-8-85
839-011-0050 Apprenticeship and Training Council — Certificate of Meritorious Service Upon the recommendation of a local committee or the motion of a Council member, the Council may award a certificate of meritorious service to any individual who has devoted a minimum of three years of service to a registered apprenticeship program. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 1-1991, f. & cert. ef. 1-23-91 BL 4-1985, f. & ef. 8-8-85
839-011-0051 Apprenticeship and Training Council — Delegation of Authority (1) The Chair and Director, with the approval of the Chair, may act on behalf of the Council for federal purposes and in all cases where immediate action is deemed necessary by the Chair and Director. All such actions shall be placed on the agenda for the next regular Council meeting for Council approval or ratification. (2) All matters pertaining to the approval or deregistration of apprenticeship committees, standards, program sponsors, employers, training agents or apprentices must be ratified by the Council at its next meeting. (3) Any standards referred back to local committees by the Council for revision may be approved by the Director when revised according to Council action. Statutory/Other Authority: ORS 660.120(3) Statutes/Other Implemented: ORS 660.120, 660.210 & 660.170 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru 1-4-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0072 Apprenticeship and Training Committees — Formation (1) Any person or group interested in forming a local joint committee may give written notice to the Division. Local committees in building and construction trades occupations may only be approved as group programs serving multiple employers. (2) The interested party or group shall establish a date for an organizational meeting and provide the Division with written notice of the date, time and location of the meeting at least 5 (five) working days in advance of the meeting. Division staff may attend organizational meetings in an informational role. (3) At the organizational meeting participants, excluding Division staff, will: (a) Adopt Roberts Rules of Order; (b) Specify the committee name, its geographical jurisdiction, and the occupation(s) for which it will train; (c) Nominate committee members and submit their names to the Council pursuant to OAR 839-011-0074; (d) Elect a chair and a secretary as committee officers, pursuant to OAR 839-011-0074(8). (4) Local committees and training agents shall be responsible for the administrative cost and expenses associated with the operation of their programs. No committee or training agent shall charge or cause charges to be levied against an apprentice for purposes of financially supporting the administrative, clerical or organizational cost of operating a registered program. Apprentices may be required to pay the normal cost of tuition and related training materials. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(2)(c), 660.135(1), (2), (3), (4) & (5) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 1-1991, f. & cert. ef. 1-23-91 BL 6-1985, f. & ef. 10-15-85
839-011-0073 Apprenticeship and Training Committees — Policies and Procedures (1) All local committees shall develop and administer operating policies and procedures to govern program operations as directed by the Council and administer such policies and procedures in a consistent manner. Policies and procedures will be approved by the committee and recorded in the meeting minutes. (2) When adopted or revised, these policies and procedures will be submitted to the local committee’s assigned Apprenticeship Representative who will review and approve the policies and procedures if they are in conformity with apprenticeship laws, rules and Council guidelines. Statutory/Other Authority: ORS 660.120(1) Statutes/Other Implemented: ORS 660.137(2) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 1-1995, f. & cert. ef. 8-14-95 BL 8-1992, f. & cert. ef. 6-15-92
839-011-0078 Apprenticeship and Training Committees — Removal of Members (1) The Council will remove committee members only for inactivity, inadequate activity, or failure to abide by ORS Chapter 660, or the rules and policies of the Council, pursuant to ORS Chapter 660.120(2)(d). (2) The Council may also remove committee members upon the recommendation of the committee as set forth in section (3) of this rule. Each committee will establish its own written policy regarding the removal of committee members. (3) Committee(s) may recommend removal of a member and note such action in the committee meeting minutes, subject to the following conditions: (a) Only employer committee members may recommend and vote for removal of an employer member; (b) Only employee committee members may recommend and vote for removal of an employee committee member; (c) If the committee is a trade committee, only employer committee members may recommend and vote for removal of an employer member from another occupation within the committee, while only employee committee members may recommend and vote for removal of an employee member from another occupation within the committee. (4) The Director shall include such recommendations as recorded in committee meeting minutes on the Council Agenda. (5) Notwithstanding OAR 839-011-0074, the Council may appoint a replacement committee member at the same meeting at which it removes a member. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(2)(d) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BL 1-1991, f. & cert. ef. 1-23-91 BL 6-1985, f. & ef. 10-15-85
839-011-0088 Apprenticeship and Training Committees — Registration of Apprenticeship Agreements (1) The Council delegates registration of apprenticeship agreements to the Division and recognizes an agreement as registered when: (a) It is on a form that has been approved pursuant to ORS Chapter 660.020 and issued by the Division; (b) Information requested on the form as authorized by ORS Chapter 660.020 has been supplied by the apprentice. The requested information includes, but is not limited to the apprentice’s Social Security Number for identification purposes; the number of hours to be spent in related instruction in technical subjects related to the occupation, that is recommended to be not less than 144 hours per year; and a statement indicating whether and under what circumstances an apprentice is entitled to be financially compensated for attending related instruction; (c) It has been signed by the apprentice and the local joint committee. Approval must be recorded as soon as possible at a committee meeting; and (d) The agreement has been submitted to and received by a representative of the Division. (2) The effective starting date of an apprenticeship agreement in non-licensed trades shall be not more than forty five (45) days prior to the date that a fully executed original agreement and committee minutes approving the registration are received by a representative of the Division. In the licensed trades, the effective starting date of an apprenticeship shall not commence before a fully executed apprenticeship agreement is received by a representative of the Division, unless the committee has written authorization from the Division to issue an initial license and operates in accordance with the conditions of authorization. (3) Local committees shall develop and implement a policy and procedures detailing the process for evaluating previous experience and demonstrated competency in a uniform manner and awarding advanced standing to new apprentices for on-the-job or related training. (a) The committee may grant credit for prior experience based upon demonstrated competency for any time previously spent by the apprentice in the trade or occupation that the committee considers applicable to the work processes in the program standards. (b) In licensed trades, only lawfully obtained and documented experience that specifically applies to an Oregon license may be considered in granting credit for prior experience. (4) All apprenticeship agreements will be maintained in the Division’s main office. Statutory/Other Authority: ORS 660.120(3) Statutes/Other Implemented: ORS 657.732 & 660.060(8) History: BLI 1-2019, temporary amend filed 02/20/2019, effective 02/21/2019 through 08/13/2019 BLI 15-2015, f. & cert. ef. 11-12-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru 1-4-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 7-1996, f. & cert. ef. 7-22-96 BL 1-1991, f. & cert. ef. 1-23-91 BL 6-1985, f. & ef. 10-15-85
839-011-0090 Apprenticeship and Training Committees — Causes for Disciplinary Action The Division in consultation with the Council has the authority to take disciplinary action against a committee for conduct or action, including but not limited to: (1) Inappropriate use of an apprentice's registration status or an apprentice’s time, skills or training; (2) Inadequate training of apprentices; (3) Inappropriate assignment or abuse of discretion in work assignments; (4) Discriminatory action(s) against an apprentice(s); (5) Violation of any state or federal law; (6) Failure to submit required documentation to the Division in a timely manner; (7) Failure to communicate with the Division or the Council in a timely manner; or (8) Any other action deemed inappropriate by the Council. Statutory/Other Authority: ORS 660.120(1) Statutes/Other Implemented: ORS 660.120(1) & ORS 660.120(2)(d) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 2-1999, f. & cert. ef. 4-2-99 BL 6-1994, f. & cert. ef. 10-10-94
839-011-0142 Apprenticeship and Training Committees — Apprentice/Trainee Qualifications (1) The Council and the Division shall evaluate proposed qualification standards or selection methods pursuant to the criteria set forth in Title 29 CFR Part 30, the Equal Employment Opportunity in Apprenticeship Plan noted in OAR 839-011-0200, the objectives expressed by the committee and/or sponsor, and such other factors as the Council and the Division may deem appropriate. Evaluation of proposed qualification standards or selection methods shall include an analysis of whether they would result in an adverse impact upon any protected class of applicants. (2) The Council and the Division shall not consider proposed standards that contain any of the following requirements within their minimum qualifications: (a) Physical ability to do the job, unless it specifically references a validated occupational requirement, such as lifting a sack of cement to a specified height; (b) Any tests (including color tests) that do not meet the validity requirements under 41 CFR 60.3; (c) A valid driver’s license; or (d) A medical exam. (3) Standards submitted containing any of these requirements will not be placed on the Council agenda. (4) The minimum qualifications section of the standards may include a note advising applicants that employers may require apprentices to meet additional lawful conditions of employment. These must be identified by employers and specified in the standards. Statutory/Other Authority: ORS 660.120(3) Statutes/Other Implemented: ORS 660.120(3) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru 1-4-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0145 Apprenticeship and Training Committees — Compliance Reviews (1) All committees are subject to periodic reviews of program operation and affirmative action activities. (2) The Division shall develop and maintain a review schedule that identifies programs scheduled for review, the type of review to be conducted and the time period to be evaluated. (3) The Program Operation Compliance Review will evaluate program operation and administration. (a) New committees will receive a Program Operation Compliance Review annually for the first three years of operation, unless otherwise directed by the Council. (b) After the first three (3) years, committees found in compliance will receive a Program Operation Compliance Review every three (3) years. (4) The Affirmative Action Compliance Review will evaluate outreach, recruitment, and selection activities. (a) Committees with five or more apprentices registered to a single standard during the previous three years will receive an annual Affirmative Action Compliance Review. (b) Training agents who select their own apprentices in accordance with the committee’s approved selection procedure will receive a separate annual Affirmative Action Compliance Review. (5) Additional reviews may be scheduled if: (a) The Director has a reasonable belief that such reviews are prudent and in the best interest of apprenticeship; (b) Complaints have been received that the program is not operating in compliance; or (c) At the Council’s direction. (6) Committees found out of compliance will be required to appear at the next meeting of the appropriate Council subcommittee, unless: (a) The committee has not been previously found out-of-compliance; (b) The welfare, safety and training of apprentices or trainees was not undermined; (c) The committee has submitted a timely, written response that addresses all compliance issues requiring attention; and (d) The Division has recommended approval of the compliance review and committee response. (7) All reviews shall be reported on a form and in a format approved by the Council. Upon review of compliance reports, the Council shall take action including but not limited to any of the following: (a) Approve the report; (b) Refer the report back for further clarification; (c) Extend the review period for up to six (6) months; (d) Order a probationary period including more frequent and detailed program reviews; (e) Direct compliance and/or corrective action accordingly; (f) Impose sanctions; (g) Deregister the committee and/or standards for non-compliance; and (h) Any other action as directed by the Council and the Division. Statutory/Other Authority: ORS 660.120(3) Statutes/Other Implemented: ORS 660.120(2)(a) & 660.120(2)(f) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 6-2015(Temp), f. & cert. ef. 6-1-15 thru 11-27-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru 1-4-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 6-1994, f. & cert. ef. 10-10-94 BL 16-1979, f. & ef. 11-8-79
839-011-0170 Apprenticeship and Training Committees — Meetings, Minutes Submission and Processing (1) Meeting requirements: (a) Local committees shall hold at least two (2) physical meetings each year with a quorum of committee members in attendance to evaluate apprentices and conduct other committee business. (A) All disciplinary actions require a physical meeting. Electronic polling is prohibited for issues requiring the personal appearance of applicants, apprentices, trainees, training agents or employers. (B) Committees may vote to take all other actions by facsimile, e-mail or other electronic media if by-laws permitting such voting have been adopted. (b) State committees should hold at least one (1) physical meeting every three (3) years to review guideline standards. Additional meetings may be called by the state committee chair, at the request of a majority of state committee members or at Council direction. A quorum of members must be physically present at meetings to vote on proposed revisions to guideline standards. (2) As required in ORS Chapter 660.135(3), each committee secretary shall be responsible for the preparation, maintenance and submission to the Division of committee meeting minutes, including actions pertaining to apprentices and all supporting documentation. (a) All committee meeting minutes shall be submitted in a format approved by the Division within ten (10) working days of the meeting. (b) All committee actions noted in meeting minutes shall be recorded and processed by the Division within fourteen (14) working days of receipt of the minutes. Statutory/Other Authority: ORS 660.120(1) Statutes/Other Implemented: ORS 660.120(1) & 660.135(4) History: BLI 3-2020, temporary amend filed 03/17/2020, effective 03/17/2020 through 09/12/2020 BLI 15-2015, f. & cert. ef. 11-12-15 BLI 6-2015(Temp), f. & cert. ef. 6-1-15 thru 11-27-15 Reverted to BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 9-2012(Temp), f. & cert. ef. 8-15-12 thru 1-29-13 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 6-1994, f. & cert. ef. 10-10-94
839-011-0175 Apprenticeship and Training Committees — Cancellation Notices All notices to appear for cancellation of apprenticeship agreements must be sent certified mail, return receipt, addressed to the apprentice and postmarked at least twenty-two (22) calendar days in advance of the appearance date for the consideration of the cancellation. Statutory/Other Authority: ORS 660.137(4) Statutes/Other Implemented: ORS 660 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BL 11-1996, f. & cert. ef. 12-10-96 BL 6-1994, f. & cert. ef. 10-10-94