Ohio Administrative Code › Title 5101:11 - Apprenticeship Council › Chapter 5101:11-3 - Eligibility - Selection › Section 5101:11-3-01 - Procedures for program registration and subsequent program changes

Current through all regulations passed and filed through July 1, 2024
(A) To be
			 eligible for program registration, a sponsor must have a physical presence in
			 Ohio and either be incorporated in the state or have operated in Ohio for at
			 least twelve months. This provision shall not be interpreted to preclude any
			 employer from joining an existing apprenticeship program. The applicant must
			 have resources to carry out the functions of a registered sponsor, including
			 but not limited to related instruction, on-the-job training, administrative
			 duties, and record keeping.
(B)
								
								To have
			 legal effect, program registration
			 and changes in registered programs must be
			 approved by the council office in keeping with the following procedures:
(1) Each applicant for program registration
			 must submit a set of program standards to the council office, in the form of an
			 organized, written plan embodying the terms and conditions of employment,
			 training, and supervision in one or more apprenticeable occupation(s) which the
			 standards shall identify in terms of the registered apprenticeship coding
			 system.
(2) Additionally, the
			 standards shall provide:
(a) The name of the
			 registration entity to which the sponsor has applied for approval;
			 and
(b) The name and address of the
			 organization sponsoring the program and the name, address, phone number, and
			 signature of the sponsor's authorized representative.
(3) The standards shall include language
			 demonstrating in detail the program's conformity with each requirement of rule
			 5101:11-3-02
			 of the Administrative Code, and specifying, where applicable, any differences
			 among occupation courses within the program.
(4) Where the proposed standards, a
			 collective bargaining agreement, or other instrument provide for a local union
			 to participate in operating a program, the program's registration shall be
			 subject to that local union's agreement or lack of objection, which shall be
			 communicated to the council office in writing along with the standards
			 document. Where a local union is the collective bargaining agent of the
			 employee(s) to be trained, but is not expected to participate in operating the
			 program, the sponsor shall provide the local union a copy of its proposed
			 standards; shall allow forty-five days for receipt of local union comments, if
			 any, before submitting the document to the council office; and shall append to
			 the standards any comment(s) received in the process and an attestation that
			 the provisions of this paragraph have been observed.
(5) The council office shall grant
			 provisional registration to a program submitting standards in the prescribed
			 manner, if such standards meet the requirements of division 5101:11 of the
			 Administrative Code.
(a) Provisional
			 registration shall be effective for one year. At the end of that period, the
			 council office shall perform a compliance review of the program. Using procedures
			 described in rule
			 5101:11-7-01
			 of the Administrative Code, the review shall assess conformity with
			 the
			 program's approved standards and all requirements for registered
			 programs, as described in division 5101:11 of the Administrative Code, and will ascertain the need for an affirmative action plan
			 and whether a demographic deficiency exists in terms defined in paragraph (B)
			 of rule
			 5101:11-6-02 of
			 the Administrative Code. A program found to meet the criteria of this
			 review shall, at the council office's discretion, either receive full
			 registration or remain in provisional status through its first full training
			 cycle.
(b) At the end of its first
			 full training cycle, each registered program shall receive another compliance
			 review. Any program still provisionally registered at that point, shall become
			 fully registered if the results of this review are satisfactory.
(c) If a one-year or first-cycle review finds
			 that a program is either not operational or not complying with the requirements
			 of division 5101:11 of the Administrative Code, the council office shall
			 de-register the program.
(6) The council office shall
			 create an official record of every provisional and
			 full registration.
									
									In the case of
			 provisional registration, the council office will provide the respective
			 sponsor with confirmation of program approval by means of a certificate or
			 other written statement.
(7) Any proposal by a sponsor to change an
			 aspect of its program that is governed by division 5101:11 of the
			 Administrative Code, shall be promptly submitted to the council office for
			 review. Within ninety days of receiving the proposal, the council office will
			 determine whether to approve the change. If approved, the change will be
			 recorded as an amendment to the program standards . If not approved, the sponsor will be notified of the disapproval and
			 the reasons therefore and 
									will be given the appropriate technical
			 assistance.