reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.4 - Apprenticeship Standards › Rule 24.21.421 - EQUAL EMPLOYMENT OPPORTUNITY

Current through Register Vol. 13, July 5, 2024
(1)
				Title 29, C.F.R. Part 30 is a federal regulation which was implemented by the
				Apprenticeship Bureau to retain federal recognition as the apprenticeship
				regulatory agency. The Apprenticeship Bureau has drawn up a state plan entitled
				"Equal Employment in Apprenticeship." Copies of the proposed state plan,
				effective June 2019, are available and can be accessed electronically at
http://apprenticeship.mt.gov/state-eeo-plan
.
				The department consented to omission of the text of the plan which is
				cumbersome and inexpedient. Printed copies are available at no cost and may be
				obtained at the Apprenticeship Bureau office.
AUTH:
					 39-6-101,
					 MCA IMP:
					 39-6-101,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.4 - Apprenticeship Standards › Rule 24.21.425 - APPROVAL FOR APPRENTICESHIP PROGRAM WHEN EMPLOYER IS PARTICIPANT IN COLLECTIVE BARGAINING AGREEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-6-101,
					 MCA; IMP,
					 39-6-101,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.4 - Apprenticeship Standards › Rule 24.21.431 - INTERIM CREDENTIALS

Current through Register Vol. 13, July 5, 2024
(1) The state
				apprenticeship and training program shall award interim credentials to
				apprentices who demonstrate the appropriate competencies, when requested to do
				so by program sponsors, as provided by
				29 CFR section
				29.5, as adopted by the department in
				24.21.302.
(2) The state apprenticeship and training
				program will work with interested program sponsors to develop appropriate
				benchmarks and competency testing that will apply to the sponsor's
				apprenticeship program.
(3)
				Competency testing will not be recognized for a given apprentice until the
				benchmarks and testing protocols are incorporated into the apprenticeship
				program's standards.
39-6-101,
					 MCA; IMP,
					 39-6-101,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.7 - Employer Apprenticeship Tax Credit › Rule 24.21.701 - EMPLOYER APPRENTICESHIP TAX CREDIT

Current through Register Vol. 13, July 5, 2024
(1) An employer may submit an application to
				the department to claim the apprenticeship tax credit after an apprentice has
				completed the state apprenticeship and training program's probationary period
				or after the apprentice has worked for six months, whichever is earlier. An
				application must be for an active apprentice registered with the state
				apprenticeship and training program.
(2) The department may approve the credit for
				an apprentice for a total of up to 5 years, upon verification by the the state
				apprenticeship and training program that the apprentice has timely progressed
				towards completion of the requirements called for in the apprenticeship
				agreement.
(3) If an apprentice
				works for more than one employer in a calendar year, the primary employer will
				be approved for the credit. A primary employer is the employer who has provided
				at least 51% of the registered program's training hours for that apprentice or
				has paid the majority of wages to the apprentice during their apprenticeship
				period.
(4) Any employer claiming
				the tax credit for a veteran apprentice shall obtain and keep a record of
				documentary proof that the apprentice is a veteran. The employer is responsible
				for obtaining that proof. The employer shall represent to the department
				whether an apprentice is a veteran for purposes of applying for the
				credit.
(5) The department will
				issue letters of approval or denial of the tax credit to the employer in the
				month of December. The department will forward a list of all approved credits
				to the Department of Revenue, including information on which employers are
				entitled to a credit for employment of a veteran.
AUTH:
					 39-6-101,
					 39-6-109,
					 MCA; IMP:
					 39-6-109,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.10 - On the Job Training › Rule 24.21.1001

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-6-101,
					 MCA; IMP:
					 39-6-101,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.10 - On the Job Training › Rule 24.21.1002 - SUPERVISION REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) A qualified
				journeyworker or master must supervise the work of an apprentice in the proper
				ratio prescribed in the registered standard. Supervision means the following:
(a) A journeyworker or master must be
				assigned to the job site and be able to give direction and check the work of
				the apprentice except during absences as required in the scope of business and
				otherwise provided in this chapter.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.10 - On the Job Training › Rule 24.21.1003 - APPRENTICE-TO-JOURNEYMAN RATIO

Current through Register Vol. 13, July 5, 2024
(1) The
				apprentice-to-journeyman ratio may not exceed two apprentices supervised by one
				journeyman.
(2) An apprentice that
				has completed 60 percent or more of the on-the-job training hours and 60
				percent or more of the related instruction in an apprenticeship program is not
				counted for purposes of the apprentice-to-journeyman ratio provided for in (1).
(3) The apprentice-to-journeyman
				ratio applies to individual work sites as well as the entire firm or operation
				of the registered apprenticeship sponsor.
(4) In order to prevent abuse of the
				apprentice-to-journeyman ratio, the department will monitor the progress toward
				completion of all apprentices who have reached the 60 percent completion
				criteria provided for in (2).
(a) An
				apprentice that does not, without good cause, maintain significant progress
				towards completion of the apprenticeship will be suspended from the
				apprenticeship program. Not maintaining significant progress, for the purpose
				of this rule, means that the apprentice's number of hours of related
				instruction and number of hours of experience are less than 90 percent of the
				number of hours provided for in the apprenticeship standards, relative to the
				amount of time the apprentice has been working. An apprentice that is notified
				by the department of insufficient progress has 60 days in which to catch up to
				the number of hours of related instruction and work experience before being
				suspended.
(b) An apprenticeship
				sponsor who fails, without good cause, to have at least a 60 percent rate of
				apprentices that timely complete the apprenticeship will be subject to
				restrictions on the sponsor indenturing new apprentices, and may be subject to
				deregistration as an apprenticeship sponsor.
(c) As a general practice, the
				apprentice-to-journeyman ratio may not ordinarily be more than one apprentice
				to one journeyman, notwithstanding the provisions of (2). A ratio of more than
				one-to-one may be allowed in the special case of a shop with a single working
				master with no journeyman employees, or in the event of a separation from
				employment by a journeyman employee that temporarily creates a more than
				one-to-one ratio.
(d) An
				apprentice who is aggrieved by a suspension, or a sponsor who is aggrieved by a
				restriction or deregistration may request in writing a contested case within 30
				days of the department's action of suspension, restriction, or
				deregistration.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.10 - On the Job Training › Rule 24.21.1011

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-6-101,
					 MCA; IMP:
					 39-6-101,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.12 - Pre-Apprenticeship Program › Rule 24.21.1201 - PRE-APPRENTICESHIP PROGRAM RECOGNITION APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) A workforce training program may submit
				written materials to the department for recognition as a pre-apprenticeship
				program. Materials may be mailed to the Montana Registered Apprenticeship
				Program, P.O. Box 1728, Helena, Montana 59624; or e-mailed to
				Apprenticeship@mt.gov. The materials must include:
(a) a completed application available from
				the department's web site at apprenticeship.mt.gov;
(b) details of the workforce training
				program, including required classes, training, hour and/or credit requirements,
				and estimated time required to complete the program;
(c) a description of the workforce training
				program's coordination with an existing registered apprenticeship program(s);
				and
(d) a description of how the
				workforce training program will prepare participants to enter an existing
				registered apprenticeship program.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.12 - Pre-Apprenticeship Program › Rule 24.21.1203 - PRE-APPRENTICESHIP PROGRAM APPLICATION EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) The department shall evaluate each
				workforce training program on a case-by-case basis due to the wide variety of
				occupations involved in the department's registered apprenticeship program. The
				department may consider any relevant information when reviewing the program's
				recognition application.
(2) In
				addition to the application requirements in ARM 24.21.1201, the department may
				consider the following, as appropriate, when evaluating a workforce training
				program for recognition:
(a) the incorporation
				of safety training in all aspects of the program;
(b) the incorporation of interpersonal or
				"soft skills";
(c) the
				incorporation of traditional education concepts, such as reading, writing, and
				basic math, as those skills apply to the apprenticeship program; and
(d) the participant engagement strategy,
				specifically including how the program will work to recruit and retain
				participants from underrepresented populations including, but not limited to,
				women, minorities, veterans, justice-connected individuals, at-risk youth, and
				individuals with disabilities.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.12 - Pre-Apprenticeship Program › Rule 24.21.1207 - PROGRAM RECOGNITION AND APPRENTICESHIP ARTICULATION AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) When a workforce training program is
				approved for recognition by the department, the program may enter into an
				apprenticeship articulation agreement with a department-approved registered
				apprenticeship.
(a) The apprenticeship
				articulation agreement must include the following:
(i) be signed by representatives of both the
				workforce training program and the registered apprenticeship's sponsor
				employer;
(ii) clearly define the
				requirements for the pre-apprenticeship program; and
(iii) clearly define the effective dates of
				the agreement, not to exceed three years; and
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.12 - Pre-Apprenticeship Program › Rule 24.21.1209 - REAPPLICATION AND DISCONTINUING RECOGNITION

Current through Register Vol. 13, July 5, 2024
(1) A workforce training program that is
				approved for recognition may reapply for continued recognition at the end of
				the term of the apprenticeship articulation agreement on forms provided by the
				department. The reapplication shall include the number of participants who have
				completed the program, the number of participants currently enrolled in the
				program, any updates to the program, and curriculum.
(2) The department reserves the right to
				discontinue recognition under this rule of any workforce training program upon
				request of the program, or if the department determines that the program is not
				operating in a manner consistent with the program's application or any
				applicable law. The department shall consider evidence of a program not
				complying with the application or applicable law to be a dispute pursuant to
				ARM
				24.21.416(1),
				and the department shall follow the procedure of ARM
				24.21.416
				and the Montana Administrative Procedure Act, Title 2, chapter 4, part 6,
				MCA.
AUTH:
					 39-6-101,
					 MCA IMP:
					 39-6-101,
					 39-6-103,
					 39-6-106,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.15 - Veterans Approval › Rule 24.21.1501

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-6-101,
					 MCA; IMP:
					 39-6-101,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.301

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-1220,
					 MCA; IMP:
					 53-2-1215,
					 53-2-1216,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.304

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-1220,
					 MCA IMP:
					 53-2-1216,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.307

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-1220,
					 MCA IMP:
					 53-2-1217,
					 53-2-1218,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.311

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-1220,
					 MCA IMP:
					 53-2-1217,
					 53-2-1218,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.316

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-1220,
					 MCA IMP:
					 53-2-1217,
					 53-2-1218,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.321

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-201,
					 53-2-1220,
					 MCA IMP:
					 2-4-201,
					 53-2-1218,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.322 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following
				  definitions apply:
(1) "Conference"
				means a meeting, seminar, discussion, or other similar event where the
				principal presentation, in the format of a lecture or similar presentation, is
				the primary purpose, and participation by attendees is a secondary
				purpose.
(2) "Credential" means a
				nationally recognized degree or certification or state-recognized credential.
				Credentials include, but are not limited to post-secondary
				degrees/certificates, recognized skill standards, licensure or
				industry-recognized certificates (i.e., ASE car repair, Hazmat, CAN, CDL,
				Boiler Operator, Flag Person, Heavy Equipment Operator, etc.), and all state
				education agency recognized credentials.
(3) "Predominately year-round job" means a
				position that provides work in at least 11 months of a 12-month
				period.
AUTH:
					 53-2-1220,
					 MCA; IMP:
					 53-2-1217,
					 53-2-1218,
					 MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.327 - GENERAL REQUIREMENTS REGARDING TRAINING

Current through Register Vol. 13, July 5, 2024
(1) In order to qualify for reimbursement,
				training must:
(a) be provided by an eligible
				training provider; and
(b) consist
				of:
(i) skills-based training that meets the
				criteria contained in (4);
(ii)
				certified training that meets the criteria contained in (5); or
(iii) online training that meets the criteria
				contained in (6).
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.328 - GENERAL PROVISIONS RELATING TO GRANT FUNDS

Current through Register Vol. 13, July 5, 2024
(1) The employer that is seeking grant
				funding must pay for all training and associated expenses "up front," and then
				seek reimbursement from the department for eligible expenses after the training
				is completed.
(2) Grant funding may
				be used to purchase:
(a) skills-based
				training or certified education as outlined in ARM 24.22.327;
(b) required materials and supplies, as
				identified by the course syllabus or the trainer; and
(c) testing fees, but only if the test occurs
				within 90 days of the training completion date.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.331 - GRANT APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall make available incumbent worker training grant application
				forms, which a business entity must complete for the purpose of applying for a
				grant award.
(2) The fiscal year
				for this program is from July 1 through June 30. A business entity may submit
				an application during the fiscal year for eligible training that will begin by
				June 20th of that same fiscal year.
(3) The department shall verify that the
				applicant is an employer and that the information contained in the application
				is accurate and complete.
(4) The
				department shall evaluate the application based upon the incumbent worker
				training program grant award criteria provided in
				53-2-1218, MCA, and make a
				determination as to:
(a) whether a grant
				should be awarded; and
(b) the
				amount of the grant award.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.335 - EVALUATION OF GRANT APPLICATIONS AND LIMITATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department provides grant funding on
				a first-come, first-served basis, in accordance with the receipt by the
				department of a complete application for funding.
(a) As required by
				53-2-1218, MCA, applications will
				be reviewed based on funding evenly distributed across fiscal year quarters and
				by employer size. Funding not used during a quarter will be carried over to the
				next quarter to employers of any size. Funding assigned to the program but not
				utilized during the fiscal year will not be carried forward. During the quarter
				from July 1, 2023, through September 30, 2023, solely employers with 50 or
				fewer workers are eligible for grants.
(b) Although incumbent worker training grants
				are generally available on a first-come, first-served basis, the department
				reserves the right to defer the review of multiple grant applications submitted
				by any single employer, in order to provide funding to employers on an
				equitable basis.
(c) Applications
				for which review has been deferred will be reconsidered and evaluated on a
				quarterly basis during the state fiscal year in which the application was
				submitted. An employer's successful use of grant funding for completed training
				during the current year or previous years is a factor which will generally
				weigh in favor of additional applications being granted during the
				year.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.338 - AWARD OF GRANT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-1220,
					 MCA IMP:
					 53-2-1217,
					 53-2-1218,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.341 - CHANGES TO THE APPLICATION OR APPROVED GRANT

Current through Register Vol. 13, July 5, 2024
(1) An employer may request to amend an
				application by contacting the department. An amendment will change the
				submission date of the application.
(2) An employer may request a modification to
				an approved grant by submitting a modification request form.
(a) In order to determine whether the
				modification will be approved, the following changes must be received before
				training begins:
(i) changes to the person or
				entity designated as the trainer;
(ii) changes to the training delivery,
				method, or location; and
(iii) a
				change in attendees of the training.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.344 - PAYMENT OF GRANT FUNDS

Current through Register Vol. 13, July 5, 2024
(1) Reimbursement
				of expenses will be made after the employer has purchased and completed the
				approved training as outlined on the application. The employer has 30 calendar
				days from the date of training completion to submit a reimbursement claim which
				includes:
(a) a receipt for the training
				issued by the trainer;
(b) receipts
				for other approved costs issued by the vendor; and
(c) proof of completion of the training by
				the employee(s), issued by the trainer.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.3 - Incumbent Worker Training Program › Rule 24.22.347 - APPEALS

Current through Register Vol. 13, July 5, 2024
(1) An employer has the right to appeal when
				the department:
(a) decides not to award grant
				funding for incumbent worker training; or
(b) awards less grant funding than
				requested.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.5 - Employment Advancement Right Now Program (Repealed) › Rule 24.22.501 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-11-305, MCA IMP:
					 39-11-302,
					 39-11-304,
					 39-11-305,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.5 - Employment Advancement Right Now Program (Repealed) › Rule 24.22.504 - GRANT APPLICATION SUBMISSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-11-305, MCA IMP:
					 39-11-305,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.5 - Employment Advancement Right Now Program (Repealed) › Rule 24.22.507 - GRANT APPLICATION CONTENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-11-305, MCA IMP:
					 39-11-305,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.5 - Employment Advancement Right Now Program (Repealed) › Rule 24.22.510 - EVALUATION CRITERIA FOR GRANT APPLICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-11-305, MCA IMP:
					 39-11-305,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.5 - Employment Advancement Right Now Program (Repealed) › Rule 24.22.513 - AWARD OF GRANTS AND PAYMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-11-305, MCA IMP:
					 39-11-305,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.5 - Employment Advancement Right Now Program (Repealed) › Rule 24.22.516 - GRANT REPORTING REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-11-305, MCA IMP:
					 39-11-305,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.5 - Employment Advancement Right Now Program (Repealed) › Rule 24.22.519 - REVOCATION OF GRANT AWARDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-11-305, MCA IMP:
					 39-11-305,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.5 - Employment Advancement Right Now Program (Repealed) › Rule 24.22.522 - DISPUTE RESOLUTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-11-305, MCA IMP:
					 39-11-305,
					 M
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.7 - Work-Based Learning Grants › Rule 24.22.701 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following
				  definitions apply:
(1) "Employment"
				means a student's work in a high-quality work-based learning
				opportunity.
(2) "Enrolled" means a
				student is participating in or has successfully completed a qualified
				high-quality work-based learning opportunity.
(3) "Safety instruction" means learning
				activities, as generally described in ARM
				24.30.2521, which teach about
				safety issues pertaining to the specific high-quality work-based learning
				opportunity. The methods, materials, and resources should be standard for the
				industry of the employer.
(4)
				"Safety training program" means the process which provides employees with
				knowledge and skills to perform work in a way that is safe for the individual
				employee and their co-workers as generally described in ARM 24.30.2521. It
				includes instructions and guidelines to identify hazards, report them, and deal
				with incidents.
(5) "Student" means
				an individual enrolled in a high-quality work-based learning opportunity
				through a public or private secondary school, multidistrict cooperative, home
				school providing secondary instruction, or equivalent educational
				provider.
(6) "Term-limited
				educational program" means a high-quality work-based learning opportunity
				established for a specified time.
(7) "Workers' compensation premium" means the
				premiums that the employer pays for each student's workers' compensation
				coverage while the student is employed in a high-quality work-based learning
				opportunity.
AUTH:
					 39-71-319, MCA; IMP:
					 39-71-319,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.7 - Work-Based Learning Grants › Rule 24.22.704 - ATTRIBUTES OF A HIGH-QUALITY WORK-BASED LEARNING OPPORTUNITY

Current through Register Vol. 13, July 5, 2024
(1) A high-quality work-based learning
				opportunity features a partnership between employers and schools or other
				educational providers to provide students with structured learning both in the
				classroom and at the employer's job site. It must include the following:
(a) an agreement satisfying
				20-7-307(1),
				MCA;
(b) paid wages;
(c) at the start of the student's employment,
				a minimum of two hours of safety instruction through a safety training program
				that is specific to the student's employment;
(d) compliance with all federal, state, and
				local laws and regulations relating to the student's employment; and
(e) academic credit.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.7 - Work-Based Learning Grants › Rule 24.22.707 - GENERAL PROVISIONS RELATING TO REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) The employer that is seeking
				reimbursement must pay the student's workers' compensation premiums "up front"
				and then seek reimbursement from the department for eligible expenses after the
				high-quality work-based learning opportunity is qualified.
(2) Reimbursement is limited to the
				employer's workers' compensation premiums for a student's qualified
				high-quality work-based learning opportunity.
(3) Reimbursement is not guaranteed.
				Reimbursement is subject to available funds and will be paid on a first-come,
				first-served basis as determined by the date of the application submitted on
				the department's portal.
AUTH:
					 39-71-319, MCA; IMP:
					 39-71-319,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.7 - Work-Based Learning Grants › Rule 24.22.710 - REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-319, MCA; IMP:
					 39-71-319,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.7 - Work-Based Learning Grants › Rule 24.22.713 - REIMBURSEMENT APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) Within
				45 days of the date of qualification of the high-quality work-based learning
				opportunity, the employer shall complete an application electronically through
				the department's portal and provide all required documents. The application
				must include:
(a) an affidavit or declaration
				attesting to the workers' compensation premiums paid per semester for students
				employed in a high-quality work-based learning opportunity;
(b) a fully executed copy of the agreement
				satisfying
				20-7-307(1),
				MCA;
(c) the amount of
				reimbursement that the employer seeks, with a calculation of the premium paid
				per student;
(d) that the employer
				adheres to safe working conditions and that the first two hours, at a minimum,
				of the student's employment were devoted to safety instruction through a safety
				training program that is specific to the student's employment;
(e) that the amount sought is only for the
				workers' compensation premiums for a student employed in a qualified
				high-quality work-based learning opportunity;
(f) that the employer complied with all
				federal, state, and local laws and regulations regarding student
				employment;
(g) any other documents
				that the department requires to process payment; and
(h) a declaration pursuant to
				1-6-104, MCA, that the information
				is true and correct to the best of the employer's knowledge.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.22 - WORKFORCE DEVELOPMENT › Subchapter 24.22.7 - Work-Based Learning Grants › Rule 24.22.716 - EVALUATION OF APPLICATION AND LIMITATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department shall evaluate each
				application and make a determination as to:
(a) whether the application is complete and
				accurate; and
(b) the amount of the
				reimbursement.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.23 - JOB GROWTH INCENTIVE TAX CREDIT › Subchapter 24.23.3 - Job Growth Incentive Tax Credit › Rule 24.23.301 - CREDIT FOR EMPLOYER JOB GROWTH

Current through Register Vol. 13, July 5, 2024
(1) Any
				employer seeking the tax credit must apply for the credit certificate by
				January 31 of the year following the tax year for which the certificate is
				requested for the department to provide a certification by regular tax filing
				dates. Applications received after that date will still be processed.
(2) The total number of employees employed by
				an employer for purposes of certification is based on the average monthly
				number of employees reported on the employer's unemployment insurance tax
				filings.
(3) An employer applying
				for certification may count employees hired across multiple tax years to meet
				the definition of qualifying net employee growth for purposes of
				certification.
AUTH:
					 39-11-404, MCA; IMP:
					 39-11-404,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.23 - JOB GROWTH INCENTIVE TAX CREDIT › Subchapter 24.23.3 - Job Growth Incentive Tax Credit › Rule 24.23.304 - REQUIRED DOCUMENTATION

Current through Register Vol. 13, July 5, 2024
(1) A complete
				application shall include:
(a) all information
				needed to determine the number of employees employed by the company in Montana
				in 2021 and in the last calendar year;
(b) a list of all statewide employees of the
				employer who have been hired in 2022 or later and claimed as qualifying new
				employees, along with identifying information. In addition, for each employee
				listed, the employer must provide:
(i) date
				of hire and date of separation, if applicable;
(ii) attestation that the benefits provided
				are the same as typically paid to other employees of the employer;
				and
(iii) records of Montana-source
				wages paid.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.23 - JOB GROWTH INCENTIVE TAX CREDIT › Subchapter 24.23.3 - Job Growth Incentive Tax Credit › Rule 24.23.307 - DEFICIENT APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) An employer
				seeking a credit certificate must apply on forms provided by the
				department.
(2) Applications must
				be complete to be reviewed.
(3)
				Incomplete applications will expire 90 days after submission.
(4) If an application is deemed deficient,
				the department must notify the applicant in writing, with the specific reasons
				the application is deficient.
(a) An
				applicant may submit information to cure the deficiency within 30 days from the
				mailing of the department's notification of the deficiency. Failure or refusal
				to submit further information means the department's notification is
				final.
(b) If an applicant timely
				submits information intended to cure the deficiency, the department shall
				review the application and new information. The department shall grant or deny
				the certification pursuant to these rules. The denial of a certification may be
				appealed pursuant to ARM 24.23.310.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.23 - JOB GROWTH INCENTIVE TAX CREDIT › Subchapter 24.23.3 - Job Growth Incentive Tax Credit › Rule 24.23.310 - APPEAL OF CERTIFICATION DENIAL

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant who has attempted to cure deficiencies and whose certification was
				nonetheless denied may request a hearing.
(2) A request for hearing must be made within
				30 days of the date of mailing of the denial of certification. The request must
				identify the denial being disputed and the basis upon which the dispute is
				being made. The request for hearing must be sent to
				jobgrowthtaxcreditprogram@mt.gov.
(3) A hearing requested pursuant to this rule
				will be conducted pursuant to Title 2, chapter 4, MCA.
(4) The applicant bears the burden of
				demonstrating that the department's denial constitutes an abuse of
				discretion.
AUTH: 39-11-404, MCA IMP: 39-11-404,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.23 - JOB GROWTH INCENTIVE TAX CREDIT › Subchapter 24.23.3 - Job Growth Incentive Tax Credit › Rule 24.23.313 - AMERICAN RESCUE PLAN ACT SAVINGS CLAUSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-11-404, MCA; IMP:
					 39-11-404,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.1 - Procedural Rules › Rule 24.25.101 - BOARD OF PERSONNEL APPEALS ADDRESS

Current through Register Vol. 13, July 5, 2024
(1) All requests, petitions, and other
				correspondence to the board should be addressed to the Board of Personnel
				Appeals, P.O. Box 201503, Helena, MT 59620-1503. The board's physical location
				is 1805 Prospect Avenue, Helena, MT 59601.
2-4-201,
					 39-32-103, MCA;
					 IMP,
					 2-4-201,
					 39-32-112,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.1 - Procedural Rules › Rule 24.25.102 - SERVICE, FILING, COMPUTATION OF TIME

Current through Register Vol. 13, July 5, 2024
(1) All service, filing, and computation of
				time in proceedings before the board shall be in accordance with the board's
				administrative rules found at ARM Title 24, chapter 26.
2-4-201,
					 39-32-103, MCA;
					 IMP,
					 2-4-201,
					 39-32-112,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.1 - Procedural Rules › Rule 24.25.103 - INTERVENTION

Current through Register Vol. 13, July 5, 2024
(1) Any employee, group of employees,
				employee representative, or employer may be permitted to intervene by serving a
				motion to intervene upon the parties and the board. The motion shall be
				accompanied by affidavit(s) establishing a basis for intervention. The board
				shall determine the validity of the basis for intervention.
2-4-201,
					 39-32-103, MCA;
					 IMP,
					 2-4-201,
					 39-32-112,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.1 - Procedural Rules › Rule 24.25.104 - AMENDING PETITIONS

Current through Register Vol. 13, July 5, 2024
(1) Any petition
				may be amended, in whole or in part, by the petitioner or the board or
				withdrawn by the petitioner at any time prior to the casting of the first
				ballot in an election, or prior to the closing of a case, upon such conditions
				as the board considers proper and just.
2-4-201,
					 39-32-103, MCA;
					 IMP,
					 2-4-201,
					 39-32-112,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.1 - Procedural Rules › Rule 24.25.105 - CONTESTED CASES, DEFAULT ORDER WHEN PARTY FAILS TO APPEAR AT HEARING

Current through Register Vol. 13, July 5, 2024
(1) When a notice of a hearing has been
				given, but a party fails to appear at the time specified for that hearing, the
				board shall enter an order at that time, stating the evidence before it
				supporting the board's action. If the defaulting party is able to show good
				cause for the absence, the order will be vacated and a new hearing date
				set.
2-4-201,
					 39-32-103, MCA;
					 IMP,
					 2-4-201,
					 39-32-112,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.1 - Procedural Rules › Rule 24.25.107 - HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) The board shall conduct its hearings in
				accordance with the appropriate provisions of the Administrative Procedures Act
				and to the extent applicable, in conformance with the board's administrative
				rules, found at ARM Title 24, chapter 26.
2-4-201,
					 39-32-103, MCA;
					 IMP,
					 2-4-201,
					 39-32-112,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.1 - Procedural Rules › Rule 24.25.108 - EXTENSION OR WAIVER OF TIME LIMITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.1 - Procedural Rules › Rule 24.25.109 - SUSPENSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.1 - Procedural Rules › Rule 24.25.120 - SEVERABILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.2 - General Provisions › Rule 24.25.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) The board adopts the definitions set
				forth in
				39-32-102,
				MCA.
(2) "Board" means the Board of
				Personnel Appeals and in the proper context may also mean an agent appointed by
				the board to perform certain board functions.
2-4-201,
					 39-32-103,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.2 - General Provisions › Rule 24.25.202 - FILING OF NEGOTIATED AGREEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.2 - General Provisions › Rule 24.25.203 - FILING OF LABOR ORGANIZATION'S BYLAWS

Current through Register Vol. 13, July 5, 2024
(1) Any
				employee organization seeking certification from the board as the exclusive
				representative of a group of employees must first file with the board a copy of
				the labor organization's written bylaws. If any revisions or changes are made,
				the bylaws must be refilled.
(2)
				The bylaws must provide for and guarantee that:
(a) Provisions are made for democratic
				organization and procedures.
(b)
				Elections are held pursuant to adequate standards and safeguards.
(c) Controls are provided for the regulation
				of officers and agents having fiduciary responsibility.
(d) Sound accounting, fiscal control, and
				annual audit requirements exist.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.2 - General Provisions › Rule 24.25.204 - PROOF OF INTEREST CONFIDENTIAL

Current through Register Vol. 13, July 5, 2024
(1) The
				proof of interest submitted with any petition shall not be furnished to any of
				the parties. The board shall consider the adequacy of the showing of interest
				and such decision shall not be subject to challenge.
39-32-108,
					 MCA; IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.2 - General Provisions › Rule 24.25.206 - NOTICE OF STRIKE

Current through Register Vol. 13, July 5, 2024
(1) Any notice of
				strike given by the employees of a health care facility or their duly elected
				representative as is required by
				39-32-110, MCA,
				must be simultaneously filed with the board.
39-32-103, MCA;
					 IMP,
					 39-32-110,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.3 - Unit Determinations › Rule 24.25.301 - COMPOSITION OF UNIT

Current through Register Vol. 13, July 5, 2024
(1) A unit may
				consist of all of the employees of the employer or any department, division,
				bureau, section, or combination thereof if found to be appropriate by the
				board.
(2) The composition of an
				appropriate unit may also be determined by mutual consent between such facility
				and the employees.
39-32-103, MCA;
					 IMP,
					 39-32-106,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.3 - Unit Determinations › Rule 24.25.302 - APPROPRIATE UNIT

Current through Register Vol. 13, July 5, 2024
(1) In considering
				whether a bargaining unit is appropriate, the board shall consider such factors
				as:
(a) similarity of duties;
(b) licensure;
(c) conditions of employment;
(d) community of interest;
(e) wages;
(f) hours;
(g) fringe benefits and other working
				conditions;
(h) the history of
				collective bargaining;
(i) common
				supervision;
(j) common personnel
				policies;
(k) extent of integration
				of work functions and interchange among employees affected; and,
(l) desires of the employees.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.3 - Unit Determinations › Rule 24.25.303 - PROFESSIONAL EMPLOYEES

Current through Register Vol. 13, July 5, 2024
(1) When a petition
				for a unit determination proposes a unit which contains both professional and
				nonprofessional employees, and the unit is found to be appropriate by the
				board, an election will be conducted among the professional employees to
				determine whether or not they wish to be included in the proposed unit.
(a) If a majority of the professional
				employees do not desire to be included in the proposed unit, they shall be
				excluded from the unit.
(b) If a
				majority of the professional employees desire to be included in the unit they
				shall be included in the unit.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.3 - Unit Determinations › Rule 24.25.304 - PETITIONS FOR NEW UNIT DETERMINATION AND ELECTION

Current through Register Vol. 13, July 5, 2024
(1) A petition for new unit determination and
				election shall be filed with the board by an employee or a representative of a
				group of employees in accordance with ARM
				24.26.612.
(2) The board shall serve a copy of the
				petition upon the other party to the petition.
39-32-103, MCA;
					 IMP,
					 39-32-106,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.3 - Unit Determinations › Rule 24.25.305 - EMPLOYER COUNTER PETITION

Current through Register Vol. 13, July 5, 2024
(1) A party
				shall have ten days after the date the board mails the petition for new unit
				determination in which to file a counter petition with the board in accordance
				with ARM 24.26.614.
(2) The board shall serve a copy of the
				counter petition upon the petitioner.
39-32-103, MCA;
					 IMP,
					 39-32-106,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.3 - Unit Determinations › Rule 24.25.306 - NOTICE OF UNIT DETERMINATION PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1) The board shall require the employer to
				post in a conspicuous manner a notice of unit determination proceedings. Such
				notice shall be provided by the board and shall remain posted for a period of
				20 days.
(2) The employer shall
				confirm in writing to the board that it has received, posted, and shall
				continue posting of the notice for the required 20 days.
39-32-103, MCA;
					 IMP,
					 39-32-106,
					 MCA;