reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 1 - Division of Workers' Compensation - Qualified Medical Evaluator Regulations › Article 15 - Fraudulent or Misleading Advertising › Section 158 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A QME who is
				  found to have violated any provision of Business and Professions Code section
				  651,
				  or these regulations may have his or her QME status terminated, suspended, or
				  placed on probation by the Administrative Director. Any probation imposed may
				  have such conditions as the Administrative Director deems reasonable,
				  including, but not limited to the publication of corrective advertising and the
				  submission of future advertising copy for the Administrative Director's
				  approval before its use.
(b) The
				  Administrative Director shall consider the following factors in determining the
				  appropriate penalty for a violation of Business and Professions Code section
				  651,
				  or these regulations:
1. the seriousness or
				  materiality of the misrepresentation,
2. whether the physician cooperated with the
				  investigation,
3. whether the
				  violation was a single event, or appeared to be part of a pattern sufficient to
				  demonstrate a business practice,
4.
				  whether the violator has a record of prior discipline by the Administrative
				  Director, Medical Board, or other appropriate licensing board or
				  authority,
5. whether the violator
				  has a record of contempt reprimands or adjudications issued by the Workers'
				  Compensation Appeals Board.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 1 - Division of Workers' Compensation - Qualified Medical Evaluator Regulations › Article 15 - Fraudulent or Misleading Advertising › Section 159 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any portion of this chapter or the application of any
					 part thereof to any person, individual, party, entity, or circumstance is held
					 invalid, the remainder of the chapter and its application to any other person,
					 individual, party, entity, or circumstance, shall not be affected
					 thereby.
1. New
					 section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).
2.
					 Amendment of NOTE filed 1-13-2009; operative 2-17-2009 (Register 2009, No.
					 3).
Note: Authority cited: Sections
						133,
						139.4,
						139.45 and
						5307.3, Labor
						Code. Reference: Sections
						139.4 and
						139.45, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article a-1 - General Provisions › Section 200 - General Provision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision of this chapter or application thereof
						to any person, individual, party, entity or circumstances is held invalid, the
						remainder of the chapter and the application to any other person, individual,
						party, entity or circumstances, shall not be affected
						thereby.
1.
						Revision of Chapter 2 filed 9-25-69; effective thirtieth day thereafter
						(Register 69, No. 39). For former sections and history, see Registers 67, Nos.
						24 and 32, and 69, No. 19.
2. Amendment filed 8-27-76; effective
						thirtieth day thereafter (Register 76, No. 35).
3. Amendment filed
						8-15-79; effective thirtieth day thereafter (Register 79, No.
						33).
4. Editorial correction of NOTE filed 9-27-82; effective
						thirtieth day thereafter (Register 82, No. 40).
5. Amendment filed
						1-25-85; effective thirtieth day thereafter (Register 85, No.
						4).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Sections
						  1777.5 and
						  3081, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 1 - Procedures for Investigating, Holding Hearings and Determining Disputes › Section 201 - Filing of Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Appeals by apprentices from discipline shall be filed in accordance with the
					 procedures under 8 C.C.R. 207.1. Complaints alleging noncompliance with Labor
					 Code section
					 3073.9 shall be
					 filed in accordance with Section
					 201.1. All other complaints may be
					 filed by any interested person with the Administrator of Apprenticeship or the
					 Administrator of Apprenticeship upon his/her own initiative may issue a
					 complaint, within the time period specified below, when there is cause to
					 believe that a decision, order or action of an apprenticeship program sponsor
					 has been in violation of its standards or rules or an apprentice agreement and
					 has been unfair or unreasonable; or that there has been a violation of:
(1) Chapter 4, Division 3 of the Labor Code
					 (excluding Section
					 1777.5 and
					 3099 et. seq.);
(2) California Code of Regulations, Title 8,
					 Chapter 2, Subchapter 1 (excluding Article 10);
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 1 - Procedures for Investigating, Holding Hearings and Determining Disputes › Section 201.1 - Complaints Alleging Violation of Labor Code section 3073.9

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 interested person may file a complaint against a program sponsor that alleges
					 noncompliance with Labor Code section
					 3073.9 or any
					 of its implementing regulations. Upon his or her own initiative, the
					 Administrator may also issue a complaint when there is cause to believe that
					 there is a failure to comply with the requirements of Labor Code section
					 3073.9 or any
					 of its implementing regulations.
(b) All such complaints must be filed within
					 300 days of the alleged violation, and must contain the information described
					 in Section 201.
(c) The Administrator of Apprenticeship or
					 his or her designated representative shall investigate any complaint that
					 alleges noncompliance with Labor Code section
					 3073.9 or any
					 of its implementing regulations. The Administrator may also hold hearings in
					 connection with the complaint. All investigations and hearings under this
					 section shall be conducted in accordance with Section
					 202, except that the Administrator
					 may also direct the Chief DAS to conduct an evaluation in accordance with Labor
					 Code section
					 3073.1. The
					 Administrator shall issue a written order explaining the reasons for directing
					 the Chief to conduct an evaluation.
(d) If the Chief DAS has information that a
					 program has failed to comply with the requirements of Labor Code section
					 3073.9 or any
					 of its implementing regulations, the Chief shall so notify the program in
					 writing by electronic mail, or by mail if the program does not have an
					 electronic mail address on file. The notice shall specify the failure and
					 include any supporting information. The program may submit a response no later
					 than 30 days of service of the notice. The Chief shall consider the response,
					 and if he or she deems the response inadequate, may initiate an evaluation in
					 accordance with Labor Code section
					 3073.1 and/or
					 deregistration proceeding in accordance with Section
					 212.4.
(e) Nothing in this section shall be
					 construed as limiting the Chief's authority under Labor Code section
					 3073.1 to
					 conduct evaluations.
Note: Authority cited: Sections 3071 and 3073.9, Labor
						  Code. Reference: Sections 3073.1, 3073.9, 3081 and 3082, Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 2 - Definitions › Section 204 - Declaration of Policy. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of subsection (b) and (c) filed 11-3-78; effective thirtieth day
						thereafter (Register 78, No. 44).
2. Amendment of Article 2 heading
						and repealer of Section
						204 filed 1-25-85; effective
						thirtieth day thereafter (Register 85, No. 4).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Sections
						  3071,
						  3073,
						  3076-
						  3078,
						  3080-
						  3084 and
						  3096, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 2 - Definitions › Section 205 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Journeyman,"
					 "journeyperson," and "journeyworker" and "journey level worker" mean a person
					 who has either
(1) completed an accredited
					 apprenticeship in his/her craft, or
(2) completed the equivalent of an
					 apprenticeship in length and content of work experience and all other
					 requirements in the craft which has workers classified as journeyworkers in the
					 apprenticeable occupation.
These terms shall be understood as having the same
						meaning and interchangeable, with "journeyworker" and its plural
						"journeyworkers" being the Council's preferred designation at the time it was
						added to this subsection.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 2 - Definitions › Section 206 - Approval and Registration of Apprentice Agreements; Suspending the Registration of New Apprentice Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Agreements approved by Joint Apprenticeship Committee
(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)
					 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) 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) 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.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 2 - Definitions › Section 207 - Termination of Apprentice Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the probationary period, if any,
					 an apprentice agreement shall be terminated by the program sponsor at the
					 request in writing of either party. An apprentice terminated by the program
					 sponsor while on probation shall have no right to file a complaint under
					 section 201 nor to contest the cancellation
					 under section
					 207.1.
(b) After the probationary period, or where
					 there is no probationary period, the apprentice agreement may only be
					 terminated by the Administrator.
(1) Where
					 there is mutual agreement of the parties, an apprentice agreement may be
					 terminated by submitting to the Administrator a request in writing to terminate
					 the agreement signed by the parties.
(2) Where there is not mutual agreement,
					 either party may request that the agreement be terminated by the Administrator.
					 The party making the request shall submit whatever evidence it believes shows
					 that there is good and sufficient reason to terminate the agreement. The
					 Administrator shall review the evidence and, where there is good and sufficient
					 reason, shall terminate the agreement. The Administrator shall act within sixty
					 days of receipt of the request. No program sponsor shall submit a request to
					 terminate an apprentice agreement unless it shall first have given the
					 apprentice notice in writing of its intended action and, if the program's
					 standards provide for a local adjustment procedure, of the apprentice's right
					 to exhaust the local adjustment procedure. In its request, the program sponsor
					 shall advise the Administrator of the notice to the
					 apprentice.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 2 - Definitions › Section 207.1 - Appeals from Requests to Terminate Apprentice Agreements and from Apprentice Discipline

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 An apprentice who contests a program sponsor's request for termination may file
					 an appeal with the Administrator of Apprenticeship.
(1) Any appeal must be filed within 30 days
					 from written notice of the action of the Committee, and shall contain:
(A) The full name and address of the
					 apprentice filing the complaint (hereinafter referred to as the
					 "complainant").
(B) The full name
					 and address of the party (person, organization, or other party) against whom
					 the complaint is made (hereinafter referred to as the "respondent").
(C) A clear and concise statement of the
					 facts constituting the basis for the complaint and the specific section of the
					 Standards, or Program Rules that the apprentice contends have been
					 violated.
(D) The signature of the
					 person filing the complaint.
(E) A
					 declaration by the person signing the complaint, under penalty of perjury, that
					 its contents are true and correct to the best of his/her knowledge and
					 belief.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 3 - Standards for Minimum Wages, Maximum Hours and Working Conditions › Section 209 - Overtime Provision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Overtime shall not interfere with or impair the training
						and shall not be detrimental to the health and safety of
						apprentices.
1. New
						NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No.
						40).
2. Amendment filed 1-25-85; effective thirtieth day thereafter
						(Register 85, No. 4).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Sections
						  3071 and
						  3078, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 3 - Standards for Minimum Wages, Maximum Hours and Working Conditions › Section 210 - Working Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Apprentices shall work under and with competent
						journeyworkers and/or instructors and shall be assigned to work and learning
						tasks so that they obtain the diversified training on-the-job provided for in
						the apprenticeship standards.
1. New
						NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No.
						40).
2. Amendment filed 1-25-85; effective thirtieth day thereafter
						(Register 85, No. 4).
3. Amendment 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.
Note: Authority cited: Sections
						  3071 and
						  3078, Labor
						  Code. Reference: Section
						  3071, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 4 - Apprenticeship Standards › Section 211 - Apprenticeable Occupations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 8-15-79; effective thirtieth day thereafter (Register 79, No.
						33).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Sections
						  3076 and
						  3077, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 4 - Apprenticeship Standards › Section 212 - Content of Apprenticeship Program Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Apprenticeship programs shall be established by written
						apprenticeship standards which must be approved by the Chief DAS under Section
						212.2. In order to be approved, the
						standards must cover all work processes within the apprenticeable occupation.
						The standards must contain:
(a) A
					 statement of:
(1) the occupation(s) and an
					 outline of the work processes in which the apprentice will receive supervised
					 work experience and training on the job, and the allocation of the approximate
					 time to be spent in each major process;
(2) the parties to whom the standards apply,
					 the program sponsor's labor market area, and the program's geographic area of
					 operation as defined by section
					 205(n);
(3) the duties of the apprentice;
(4) the apprentice's working conditions
					 unique to the program;
(5) the
					 progressively increasing wage, employee benefits and other compensation of the
					 apprentice, as set by Section
					 208;
(6) the ratio of apprentices to
					 journeyworkers, or the number of apprentices to be employed and the method used
					 to determine the ratio whether by job site, workforce, department or
					 plant;
(7) the local education
					 agency which has agreed to provide the related and supplemental instruction,
					 and a description of the courses to be provided;
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 4 - Apprenticeship Standards › Section 212.1 - Reciprocal Approval of Apprenticeship Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Apprenticeship programs and standards of employers and
						unions in other than the building and construction trades industry, which
						jointly form a sponsoring entity on a multistate basis and are registered
						pursuant to all requirements of Title 29 Code of Federal Regulations, Part 29,
						as adopted February 15, 1977, by any recognized State Apprenticeship
						Agency/Council or by the Bureau of Apprenticeship and Training, U.S. Department
						of Labor, shall be accorded approval reciprocity by the Chief DAS, if such
						reciprocity is requested by the sponsoring entity.
1. New
						section filed 8-15-79; effective thirtieth day thereafter (Register 79, No.
						33).
2. Amendment filed 8-29-86; effective thirtieth day thereafter
						(Register 86, No. 36).
3. Amendment of section and 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.
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Sections
						  3071 and
						  3073, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 4 - Apprenticeship Standards › Section 212.3 - Apprenticeship Program Self-Evaluation and Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
					 apprenticeship program shall annually prepare and submit a Self-Assessment
					 Review as well as a Program Improvement Plan to the Chief DAS; provided,
					 however, that a program is not required to submit a Review and a Plan in the
					 first year of its existence.
(b)
					 The Self-Assessment Review shall contain an objective and critical appraisal of
					 the following items at a minimum:
(1)
					 curriculum and instruction;
(2)
					 supervision and management;
(3)
					 individual apprentice training plans;
(4) use of competent and qualified
					 personnel;
(5) utilization of
					 facilities, equipment and material;
(6) community, business and industry
					 involvement;
(7) recruitment,
					 assessment and placement;
(8)
					 program promotion;
(9) program
					 accountability;
(10) safety and
					 drug-free environmental training; and
(11) training in the recognition of sexual
					 harassment and illegal discrimination, including the anti-harassment and
					 anti-discrimination training required under Labor Code section
					 3073.9,
					 subdivision (c)(4)(A).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 4 - Apprenticeship Standards › Section 213 - Discipline-Cancellation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The apprenticeship program standards may provide for the
						disciplining of apprentices for failure to fulfill their obligations on-the-job
						or in related instruction. Disciplinary measures may include provisions for the
						suspension of an apprentice for a period not to exceed sixty (60) days.
						Standards may provide for a recommendation to the Administrator of
						Apprenticeship for the immediate cancellation of the apprentice agreement for
						good and sufficient reason.
1.
						Amendment filed 5-24-74; effective thirtieth day thereafter (Register 74, No.
						21).
2. Amendment filed 8-15-79; effective thirtieth day thereafter
						(Register 79, No. 33).
3. Amendment filed 9-27-82; effective
						thirtieth day thereafter (Register 82, No. 40).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Section
						  3071, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 5 - Equal Opportunity in Apprenticeship › Section 214 - Notice Regarding Nondiscrimination Obligations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On or
					 before January 31 of each year, every apprenticeship program in the building
					 and construction trades must send the written notice described in this section
					 to any contractor that has employed apprentices in the past 24 months. The
					 written notice must include the program's commitment to equal opportunity and
					 the contractor's obligation to ensure that apprentices it employs are not
					 harassed or discriminated against on any of the bases described in subdivision
					 (a) of Labor Code section
					 3073.9.
(b) The annual written notice need not be
					 provided to a contractor that has not employed an apprentice from the program
					 in the past 24 months.
(c) At the
					 time of dispatch, the program must also provide the written notice described in
					 this section to a new contractor that has requested an apprentice from the
					 program for the first time. A contractor that has not employed an apprentice
					 from the program in the past 24 months is considered a new
					 contractor.
Note: Authority cited: Sections 3071 and 3073.9, Labor
						  Code. Reference: Section 3073.9, Labor Code.
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Sections
						  3071,
						  3073,
						  3076-
						  3078,
						  3080-
						  3084 and
						  3096, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 5 - Equal Opportunity in Apprenticeship › Section 214.1 - Equal Opportunity Orientation and Periodic Information Sessions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
					 apprenticeship program in the building and construction trades must conduct
					 orientation and periodic information sessions for apprentices, instructors, and
					 employees of the apprenticeship program to inform and remind such individuals
					 of the apprenticeship program's equal employment opportunity policy.
(b) Orientation for instructors and employees
					 of the apprenticeship program must occur within the first two weeks of
					 employment.
(c) Orientation for
					 apprentices of the apprenticeship program must occur no later than five
					 business days after the apprentice is registered.
(d) Periodic information sessions must be
					 conducted for apprentices, instructors, and employees of the apprenticeship
					 program once each calendar year.
Note: Authority cited: Sections 3071 and 3073.9, Labor
						  Code. Reference: Section 3073.9, Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 5 - Equal Opportunity in Apprenticeship › Section 214.2 - Equal Opportunity Outreach and Recruitment Efforts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To ensure that outreach and recruitment efforts extend to
						all persons available for apprenticeship within the apprenticeship program's
						relevant recruitment area, apprenticeship programs in the building and
						construction trades must:
(a) Develop
					 and update annually a list of current recruitment sources that will generate
					 referrals from all demographic groups within the relevant recruitment area.
					 Examples of relevant recruitment sources includes but are not limited to: The
					 public workforce system's One-Stop Career Centers; local workforce investment
					 boards; welfare to work programs; community-based organizations; community
					 colleges; vocational, career and technical schools; pre-apprenticeship
					 programs; and State or Federally-funded, youth job-training programs such as
					 YouthBuild and Job Corps or their successors;
(b) Identify a contact person, mailing
					 address, telephone number, and email address for each recruitment source;
					 and
(c) Provide recruitment sources
					 advance notice, preferably 30 days, of apprenticeship openings so that the
					 recruitment sources can notify and refer candidates. Programs that are open
					 year-round shall have a bi-annual notification requirement. Such notification
					 must also include documentation of the program's equal opportunity pledge
					 specified in subdivision (d) of Labor Code section
					 3073.9.
Note: Authority cited: Sections 3071 and 3073.9, Labor
						  Code. Reference: Section 3073.9, Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 5 - Equal Opportunity in Apprenticeship › Section 214.3 - Record Keeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 General obligation. Each program in the building and construction trades must
					 collect such data and maintain such records as DAS or the Administrator finds
					 necessary to determine whether the program has complied or is complying with
					 the requirements of Labor Code section
					 3073.9 and its
					 implementing regulations. Such records must include, but are not limited to
					 records relating to:
(1) Selection for
					 apprenticeship, including applications, tests and test results, interview
					 notes, bases for selection or rejection, and any other records required to be
					 maintained under relevant law;
(2)
					 Information relative to the operation of the apprenticeship program, including
					 but not limited to job assignments in all components of the occupation as
					 required under Section
					 212(a)(1),
					 promotion, demotion, transfer, layoff, termination, rates of pay, other forms
					 of compensation, conditions of work, hours of work, hours of training provided,
					 and any other personnel records relevant to complaints filed with the
					 Administrator under Section
					 201.1 or with other enforcement
					 agencies;
(3) Compliance with the
					 requirements of Labor Code section
					 3073.9;
(4) Requests for reasonable accommodation;
					 and
(5) Any other records pertinent
					 to a determination of compliance with Labor Code section
					 3073.9 and its
					 implementing regulations, as may be required by DAS or the
					 Administrator.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 5 - Equal Opportunity in Apprenticeship › Section 215 - State of California Plan for Equal Opportunity in Apprenticeship

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Discrimination prohibited. It is unlawful for a registered apprenticeship
					 program to discriminate against an apprentice or applicant for apprenticeship
					 on the basis of race, religious creed, color, national origin, ancestry,
					 physical disability, mental disability, medical condition, genetic information,
					 marital status, sex, gender, gender identity, gender expression, age for
					 individuals over forty years of age, military or veteran status, or sexual
					 orientation with regard to all of the following:
(1) Recruitment, outreach, and selection
					 procedures.
(2) Hiring or
					 placement, upgrading, periodic advancement, promotion, demotion, transfer,
					 layoff, termination, right of return from layoff, and rehiring.
(3) Rotation among work processes.
(4) Imposition of penalties or other
					 disciplinary action.
(5) Rates of
					 pay or any other form of compensation and changes in compensation.
(6) Conditions of work.
(7) Hours of work and hours of training
					 provided.
(8) Job
					 assignments.
(9) Leaves of absence,
					 sick leave, or any other leave.
(10) Any other benefit, term, condition, or
					 privilege associated with apprenticeship.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 5 - Equal Opportunity in Apprenticeship › Section 216 - Review and Compliance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 11-3-78; effective thirtieth day thereafter (Register 78, No.
						44). For prior history, see Registers 73, No. 20; and 71, No. 33.
2.
						Renumbering from Section
						217 to Section
						216 and amendment of subsection (d)
						filed 11-3-78; effective thirtieth day thereafter (Register 78, No.
						44).
3. Repealer filed 1-25-85; effective thirtieth day thereafter
						(Register 85, No. 4).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Sections
						  3071,
						  3073,
						  3076-
						  3078,
						  3080-
						  3084 and
						  3096, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 5 - Equal Opportunity in Apprenticeship › Section 217 - Review and Compliance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of subsection (b) filed 5-20-77; effective thirtieth day thereafter
						(Register 77, No. 21).
2. Renumbering from Section
						217 to Section
						216 filed 11-3-78; effective
						thirtieth day thereafter (Register 78, No.
						44).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 6 - Apprenticeship Programs and Committees › Section 218 - Apprenticeship Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The administration and operation of apprenticeship
						programs shall be supervised by an apprenticeship program sponsor which shall
						approve apprentice agreements, adjust disputes and perform such other functions
						and duties as are agreed to in the apprenticeship standards. An apprenticeship
						program is not restricted to a local area of coverage and may provide for
						local, regional or statewide coverage in its standards. All actions and
						determinations regarding apprenticeship programs by apprenticeship program
						sponsors shall be made after giving reasonable notice and opportunity to be
						heard to all interested parties.
1.
						Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No.
						4).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Sections
						  3073 and
						  3075-
						  3080, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 6 - Apprenticeship Programs and Committees › Section 219 - Local Joint Apprenticeship Programs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 8-15-79; effective thirtieth day thereafter (Register 79, No.
						33).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Section
						  3075, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 6 - Apprenticeship Programs and Committees › Section 220 - Local Unilateral Apprenticeship Programs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 8-15-79; effective thirtieth day thereafter (Register 79, No.
						33).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Section
						  3079, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 6 - Apprenticeship Programs and Committees › Section 221 - Federations of Apprenticeship Committees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No.
						33).
2. Repealer filed 1-25-85; effective thirtieth day thereafter
						(Register 85, No. 4).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Sections
						  3071 and
						  3090, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 6 - Apprenticeship Programs and Committees › Section 222 - State and Regional Apprenticeship Advisory Committees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 8-9-71; effective thirtieth day thereafter (Register 71, No.
						33).
2. Amendment filed 8-15-79; effective thirtieth day thereafter
						(Register 79, No. 33).
3. Repealer filed 1-25-85; effective
						thirtieth day thereafter (Register 85, No. 4).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Sections
						  3071 and
						  3073, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 6 - Apprenticeship Programs and Committees › Section 223 - State and Local Community Equal Opportunity Apprenticeship Committees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No.
						33).
2. Repealer filed 1-25-85; effective thirtieth day thereafter
						(Register 85, No. 4).
Note: Authority cited: Section
						  3071, Labor
						  Code. Reference: Sections
						  3071,
						  3073,
						  3075.1 and
						  3076, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 7 - State Certificates of Completion of Apprenticeship › Section 224 - When Issued

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 "Certificate of Completion of Apprenticeship" attesting to the completion of an
					 apprenticeship will be issued under the authority of the California
					 Apprenticeship Council by the Division of Apprenticeship Standards upon receipt
					 of such competent evidence as may be required by the California Apprenticeship
					 Council.
(b) The certificate shall
					 signify completion of an apprenticeship under standards and apprentice
					 agreement approved under the State Apprenticeship Law and these
					 regulations.
(c) Completion of the
					 entire apprenticeship program by the apprentice shall be attested to by the
					 local apprenticeship program sponsor. The local apprenticeship program sponsor
					 will attest to the related and supplemental instruction after consulting with
					 the appropriate school authorities regarding the completion of the educational
					 requirements of related and supplemental subjects.
(d) The certificate is in recognition of
					 completion of an apprenticeship. The certificate may be granted to an
					 apprentice only when the apprentice:
(1) in
					 addition to previous on-the-job training and related school instruction which
					 is of an approved nature, shall have completed not less than an additional six
					 (6) months as an apprentice under the laws of the State of California;
					 and
(2) demonstrated to the
					 satisfaction of the apprenticeship program sponsor, mastery of the skills and
					 knowledge of the prescribed program.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 8 - Local Joint Apprenticeship Committee Certificate of Authorization [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsections (a), (a)(1), (a)(4), (a)(5), (a)(6) and (a)(8) filed 8-9-71;
					 effective thirtieth day thereafter (Register 71, No. 33).
2.
					 Repealer of Article 8 (Section
					 225) filed 9-27-82; effective
					 thirtieth day thereafter (Register 82, No. 40).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 9 - Certificates of Meritorious Service [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 9 (Section
					 226) filed 1-25-85; effective
					 thirtieth day thereafter (Register 85, No. 4).
Note: Authority cited: Section
						1777.7, Labor
						Code. Reference: Section
						1777.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 10 - Required Apprentices on Public Works Contract › Section 227 - Scope and Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations shall govern the interpretation of
						Labor Code Section
						1777.5, and the
						substantive requirements of Labor Code Section
						1777.7
						applicable to contractors or subcontractors, when an affected contractor or
						subcontractor has obtained review of a civil wage and penalty assessment issued
						by the Labor Commissioner which includes a determination of penalties assessed
						under subdivisions (a) and (b) of Labor Code Section
						1777.7.
1.
						Repealer and new section filed 4-9-90 as an emergency; operative 4-9-90
						(Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL
						within 120 days or emergency language will be repealed on 8-7-90. For prior
						history, see Register 82, No. 40.
2. Reinstatement of section as it
						existed prior to 4-9-90 emergency repeal and adoption filed 5-21-91 pursuant to
						Government Code section
						11346.1(f)
						120 days from effective date (Register 91, No. 47).
3. Repealer and
						new section filed 4-10-92; operative 5-11-92 (Register 92, No.
						21).
4. Editorial correction of Authority cite (Register 95, No.
						21).
5. Amendment filed 8-6-2021; operative 10-1-2021 (Register
						2021, No. 32). 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.
6. Order filed
						8-6-2021 stayed on 9-20-2021 by the Sacramento County Superior Court pending
						ruling on motions in Construction Employers' Association, United Contractors,
						and Millwright Employers' Association, Inc. v. California Department of
						Industrial Relations, Division of Labor Standards Enforcement, and California
						Apprenticeship Council, Case No. 34-2021-80003714. The California Department of
						Industrial Relations, Division of Labor Standards Enforcement, and California
						Apprenticeship Council will ensure that the California Apprenticeship Council
						website reflects that the current version of the regulation set forth at
						California Code of Regulations, Title 8, section
						202, as it appeared prior to
						8-6-2021 Order, shall remain in full force and
						effect.
Note: Authority cited: Section
						  1777.7, Labor
						  Code. Reference: Sections
						  1777.5,
						  1777.6 and
						  1777.7, Labor
						  Code. Hydrostorage, Inc. v. Northern California Boilermakers Local Joint
						  Apprenticeship Committee, (1989) 891 F.2d
						  719.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 10 - Required Apprentices on Public Works Contract › Section 228 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of this Article 10:
(a) ADMINISTRATOR means the Administrator of
					 Apprenticeship or a duly authorized representative.
(b) CHIEF means the Chief of the Division of
					 Apprenticeship Standards or a duly authorized representative.
(c) CONTRACTOR means a general, prime,
					 specialty or subcontractor.
(d)
					 COUNCIL means the California Apprenticeship Council.
(e) DAS means the Division of Apprenticeship
					 Standards.
(f) DATE OF AGREEMENT OR
					 CONTRACT AWARD means, whichever is earlier, the date the Public Work contract
					 was signed by the party authorizing performance under the Public Work, or the
					 date a Notice to Proceed was issued.
1. New
						section filed 4-9-90 as an emergency; operative 4-9-90 (Register 90, No. 17). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 8-7-90. For history of former section
						228, see Register 82, No.
						40.
2. Repealed by operation of Government Code section
						11346.1(g)
						120 days from effective date (Register 91, No. 47).
3. New section
						filed 4-10-92; operative 5-11-92 (Register 92, No. 21).
4. Amendment
						filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).
5.
						Repealer of subsection (g) filed 8-6-2021; operative 10-1-2021 (Register 2021,
						No. 32). 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.
6. Order filed
						8-6-2021 stayed on 9-20-2021 by the Sacramento County Superior Court pending
						ruling on motions in Construction Employers' Association, United Contractors,
						and Millwright Employers' Association, Inc. v. California Department of
						Industrial Relations, Division of Labor Standards Enforcement, and California
						Apprenticeship Council, Case No. 34-2021-80003714. The California Department of
						Industrial Relations, Division of Labor Standards Enforcement, and California
						Apprenticeship Council will ensure that the California Apprenticeship Council
						website reflects that the current version of the regulation set forth at
						California Code of Regulations, Title 8, section
						202, as it appeared prior to
						8-6-2021 Order, shall remain in full force and
						effect.
Note: Authority cited: Section
						  1777.7, Labor
						  Code. Reference: Sections
						  1777.5 and
						  1777.7, Labor
						  Code.