reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.7 - Existing lists of eligibles and public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A sponsor adopting a selection method under paragraphs (1)
					 and (2) of subdivision (b) of section
					 600.6  of
					 this Part and a sponsor adopting a selection method under paragraph (4) of
					 subdivision (b) of section
					 600.6  of
					 this Part who determines that there are fewer minorities and/or women (minority
					 and nonminority) on its existing lists of eligibles than would reasonably be
					 expected in view of the analysis described in subdivision (e) of section
					 600.5  of
					 this Part, shall discard all existing eligibility lists upon adoption of the
					 selection methods required by this Part. New eligibility pools shall be
					 established and lists of eligibility pools shall be posted at the sponsor's
					 place of business. Sponsors shall establish a reasonable period of not less
					 than two weeks for accepting applications for admission to an apprenticeship
					 program. There shall be at least 30 days of public notice in advance of the
					 earliest date for application for admission to the apprenticeship program (see
					 subdivision (c) of section
					 600.5  of
					 this Part on affirmative action with respect to dissemination of information).
					 Applicants who have been placed in a pool of eligibles shall be retained on
					 lists of eligibles subject to selection for a period of two years. Applicants
					 may be removed from the list at an earlier date by their request or following
					 their failure to respond to an apprentice job opportunity given by certified
					 mail, return receipt requested. Applicants who have been accepted in the
					 program shall be afforded a reasonable period of time in light of the customs
					 and practices of the industry for reporting for work. All applicants shall be
					 treated equally in determining such period of time. It shall be the
					 responsibility of the applicant to keep the sponsor informed of his or her
					 current mailing address. Upon request, a sponsor may restore to the list of
					 eligibles applicants who have been removed from the list or who have failed to
					 respond to an apprenticeship job opportunity.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.9 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Obligations of
				  sponsors. Each sponsor shall keep adequate records, including a summary of the
				  qualifications of each applicant, the basis for evaluation and for selection or
				  rejection of each applicant, the records pertaining to interviews of
				  applicants, the original application for each applicant, information relative
				  to the operation of the apprenticeship program, including but not limited to
				  job assignment, promotion, demotion, layoff or termination, rates of pay, or
				  other forms of compensation or conditions of work, hours, including hours of
				  work and, separately, hours of training provided, and any other records
				  pertinent to a determination of compliance with this Part, as may be required
				  by the commissioner. The records pertaining to individual applicants, selected
				  or rejected, shall be maintained in such manner as to permit identification of
				  minority and female (minority and nonminority) participants.
(b) Affirmative action plans. Each sponsor
				  must retain a statement of its affirmative action plan required by section
				  600.5  of
				  this Part, for the prompt achievement of full and equal opportunity in
				  apprenticeship, including all data and analyses made pursuant to the
				  requirements of section
				  600.5  of
				  this Part. Sponsors shall review their affirmative action plans annually and
				  update them where necessary, including the goals and timetables.
(c) Qualification standards. Each sponsor
				  must maintain evidence that its qualification standards have been validated in
				  accordance with the requirements set forth in section
				  600.6  of
				  this Part.
(d) Maintenance of
				  records. The records required by this Part and any other information relevant
				  to compliance with this Part shall be maintained for five years and made
				  available upon request to the commissioner or his authorized
				  representative.
(e) Records of the
				  agency. The agency will keep adequate records, including registration
				  requirements, approved individual program standards, registration actions,
				  deregistration actions, program compliance reviews and investigations,
				  individual program ethnic count, total apprenticeship ethnic count and any
				  other records pertinent to a determination of compliance with this plan as may
				  be required by the department, and shall report such to the department, through
				  the Office of the State Supervisor of the Bureau of Apprenticeship and
				  Training, United States Department of Labor, semiannually.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.10 - Compliance reviews

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Conduct of
				  compliance reviews. The commissioner shall regularly conduct systematic reviews
				  of apprenticeship programs in order to determine the extent to which sponsors
				  are complying with this Part and shall also conduct compliance reviews when
				  circumstances, including receipt of complaints not referred to a private review
				  body pursuant to section
				  600.12(b)(1) 
				  of this Part, so warrant, and take appropriate action regarding programs which
				  are not in compliance with the requirements of this Part. Compliance reviews
				  will consist of comprehensive analyses and evaluations of each aspect of the
				  apprenticeship program, including on-site investigations and audits.
(b) Reregistration. Sponsors seeking
				  reregistration shall be subject to a compliance review as described in
				  subdivision (a) of this section by the commissioner as part of the
				  reregistration process.
(c) New
				  registrations. Sponsors seeking new registration shall be subject to a
				  compliance review as described in subdivision (a) of this section by the
				  commissioner as part of the registration process.
(d) Voluntary compliance. Where the
				  compliance review indicates that the sponsor is not operating in accordance
				  with this Part, the commissioner shall notify the sponsor in writing of the
				  results of the review and make a reasonable effort to secure voluntary
				  compliance on the part of the program sponsor within a reasonable time before
				  undertaking sanctions under section
				  600.14  of
				  this Part. In the case of sponsors seeking new registration, the commissioner
				  will provide appropriate recommendations to the sponsor to enable it to achieve
				  compliance for registration purposes.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.11 - Noncompliance with federal and state equal opportunity requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A pattern or practice of noncompliance by a sponsor (or
					 where the sponsor is a joint apprenticeship committee, by one of the parties
					 represented on such committee) with Federal or State laws or regulations
					 requiring equal opportunity may be grounds for the imposition of sanctions in
					 accordance with section
					 600.14  of
					 this Part if such noncompliance is related to the equal employment opportunity
					 of apprentices and/or graduates of such an apprenticeship program under this
					 Part. The sponsor shall take affirmative steps to assist and cooperate with
					 employers and unions in fulfilling their equal employment opportunity
					 obligations.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.12 - Complaint procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Filing.
(1) Any apprentice or applicant for
				  apprenticeship who believes that he or she has been discriminated against on
				  the basis of age, race, color, religion, national origin, sex, disability or
				  marital status with regard to apprenticeship, or that the equal opportunity
				  standards with respect to his or her selection have not been followed in the
				  operation of an apprenticeship program may, personally or through an authorized
				  representative, file a complaint with the State Division of Human Rights, or,
				  at the apprentice's or applicant's election, with a private review body
				  established pursuant to paragraph (3) of this subdivision. The complaint shall
				  be in writing and shall be signed by the complainant. It must include the name,
				  address and telephone number of the person allegedly discriminated against, the
				  program sponsor involved, and a brief description of the circumstances of the
				  failure to apply the equal opportunity standards provided for in this
				  Part.
(2) The complaint must be
				  filed not later than one year from the date of the alleged discrimination or
				  specified failure to follow the equal opportunity standards; and, in the case
				  of complaints filed directly with review bodies designated by program sponsors
				  to review such complaints, any referral of such complaint by the complainant to
				  the State Division of Human Rights must occur within the time limitation stated
				  above or 30 days from the final decision of such review body, whichever is
				  later. The time may be extended by the State Division of Human Rights for good
				  cause shown.
(3) Sponsors are
				  encouraged to establish fair, speedy and effective procedures for a review body
				  to consider complaints of failure to follow the equal opportunity standards. A
				  private review body established by the program sponsor for this purpose should
				  number three or more responsible persons from the community serving in this
				  capacity without compensation. Members of the review body should not be
				  directly associated with the administration of an apprenticeship program.
				  Sponsors may join together in establishing a review body to serve the needs of
				  programs within the community.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.13 - Adjustments in schedule for compliance review or complaint processing

Current through Register Vol. 46, No. 28, July 10, 2024
If, in the judgment of the State Division of Human Rights,
					 a particular situation warrants and requires special processing and either
					 expedited or extended determination, it shall take the steps necessary to
					 permit such determination if it finds that no person or party affected by such
					 determination will be prejudiced by such special processing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.14 - Sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
				  commissioner, as a result of a compliance review pursuant to section
				  600.10  of this
				  Part, or other reason, determines that there is reasonable cause to believe
				  that an apprenticeship program is not operating in accordance with this Part
				  and voluntary corrective action has not been taken by the program sponsor, the
				  commissioner may institute proceedings to deregister the program or refer the
				  matter to the State Division of Human Rights or to the State Attorney General
				  for appropriate action.
(b)
				  Deregistration proceedings shall be conducted in accordance with the following
				  procedures:
(1) The commissioner shall notify
				  the sponsor, in writing, that a determination of reasonable cause has been made
				  under subdivision (a) of this section and that the apprenticeship program will
				  be deregistered unless, within 15 days of the receipt of the notice, the
				  sponsor requests a hearing. The notification shall specify the facts on which
				  the determination is based.
(2) If
				  within 10 days of the receipt of the notice provided for in paragraph (1) of
				  this subdivision, the sponsor mails a request for a hearing, the commissioner
				  shall convene a hearing in accordance with subdivision (c) of this
				  section.
(3) The commissioner shall
				  make a final decision on the basis of the record before him, which shall
				  consist of the compliance review file and other evidence presented and, if a
				  hearing was conducted pursuant to subdivision (c) of this section, the proposed
				  findings and recommended decision of the hearing officer. In his discretion,
				  the commissioner may allow the sponsor a reasonable time to achieve voluntary
				  corrective action. If the commissioner's decision is that the apprenticeship
				  program is not operating in accordance with this plan, the apprenticeship
				  program shall be deregistered. In each case in which deregistration is ordered,
				  the commissioner shall publish promptly in the State Bulletin a notice of the
				  order and shall notify the sponsor and the complainant, if any, and the U.S.
				  Department of Labor. The commissioner shall inform any sponsor whose program
				  has been deregistered that it may appeal such deregistration to the U.S.
				  Department of Labor in accordance with the procedures of
				  29 CFR 30.15
				  or to the courts in a proceeding under article 78 of the Civil Practice Law and
				  Rules of the State of New York.
(4)
				  If the State Division of Human Rights, after a hearing, finds the existence of
				  discrimination in connection with a program, the commissioner may, on the basis
				  of such findings, terminate the registration of such program.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.15 - Reinstatement of program registration

Current through Register Vol. 46, No. 28, July 10, 2024
Any apprenticeship program deregistered pursuant to section
					 600.14  of
					 this Part may be reinstated upon presentation of adequate evidence to the
					 commissioner that the apprenticeship program is operating in accordance with
					 this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.16 - Intimidatory or retaliatory acts

Current through Register Vol. 46, No. 28, July 10, 2024
Any intimidation, threat, coercion or retaliation by or
					 with the approval of any sponsor against any person for the purpose of
					 interfering with any right or privilege secured by title VII of the Civil
					 Rights Act of 1964, as amended; Executive Order 11246, as amended; or because
					 he or she has made a complaint, testified, assisted or participated in any
					 manner in any investigation proceeding, or hearing under this Part shall be
					 considered noncompliance with the equal employment opportunity standards of
					 this Part. The identity of complainants shall be kept confidential except to
					 the extent necessary to carry out purposes of this Part, including the conduct
					 of any investigation, hearing or judicial proceedings arising
					 therefrom.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.17 - Nondiscrimination

Current through Register Vol. 46, No. 28, July 10, 2024
The commitments contained in the sponsor's affirmative
					 action program are not intended and shall not be used to discriminate against
					 any qualified applicant or apprentice on the basis of age, race, color,
					 religion, national origin, sex, disability or marital status.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.18 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for exemption from this Part, or any part thereof,
					 shall be made in writing to the commissioner and shall contain a statement of
					 reasons supporting the request. Exemptions may be granted for good cause. The
					 commissioner shall notify the United States Department of Labor of any such
					 exemptions granted affecting a substantial number of employees and the reasons
					 therefor. A sponsor may be exempted from compliance with this Part during the
					 effective dates of a plan to increase the employment of members of a minority
					 group and women as apprentices, approved by the State Division of Human Rights
					 under subdivision 12 of section 296 of the State Human Rights Law. A sponsor
					 may also be exempted from compliance during the period which the apprenticeship
					 program is being administered under the jurisdiction of a Federal or State
					 court.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.19 - Federal responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
The agency fully recognizes the rights, duties and
					 responsibilities of the United States Department of Labor as provided in  29 CFR
					 Part 30.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.1 - Purpose of part

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes procedures and standards for the
					 approval and registration of apprenticeship programs and agreements in
					 furtherance of the public policy of this State as enunciated in section 810  of the Labor Law to develop sound
					 apprenticeship training standards and to encourage industry and labor to
					 institute training programs. This Part is intended to ensure that
					 apprenticeship programs developed and registered in accordance with public
					 policy are of the highest possible quality in all aspects of on-the-job
					 training, related and supplemental instruction, and in providing meaningful
					 employment and relevant training for all apprentices.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.2 - Application of part

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to apprenticeship programs and
					 agreements covered by article 23 of the Labor Law, including programs and
					 agreements relating to public work projects as defined by Federal and State
					 labor laws, and to privately financed activities.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Active program means a registered program
				  that has:
(1) passed probation;
(2) met the standards for employment and
				  training of apprentices; and
(3)
				  not been granted inactive status.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.4 - Eligibility and procedure for registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No apprenticeship program shall be
				  eligible for registration by the commissioner unless the commissioner finds
				  that:
(1) it complies with the requirements
				  of this Part;
(2) it complies with
				  the requirements of the commissioner's regulation on "Equal Employment
				  Opportunity in Apprenticeship Training" set forth in section
				  600.4 
				  of this Title;
(3) the sponsor has
				  agreed to register all apprentices in its employ, or, in the case of group
				  programs, all signatories have agreed to register all of the apprentices in
				  their employ;
(4) the sponsor does
				  not require any applicant to pay an application, processing, or other similar
				  fee unless approved by the department pursuant to section
				  600.4 
				  of this Title; and
(5) the sponsor
				  has a permanent facility located in New York State, which serves as a base of
				  operations for the program, and where it maintains a plant, office or other
				  facility containing:
(i) employment records,
				  maintained in the ordinary course of the employer's business, documenting work
				  performed by the employer's journeyworkers on job sites within the State of New
				  York;
(ii) office equipment that
				  demonstrates an ongoing administrative operation; and
(iii) the equipment necessary to fully train
				  apprentices for the duration of the training program in accordance with the
				  approved work processes for the trade.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.5 - Standards for apprenticeship programs

Current through Register Vol. 46, No. 28, July 10, 2024
No apprenticeship program shall be registered or
					 recertified unless the commissioner determines that the program meets all the
					 following standards:
(a) The program
				  shall be conducted under an organized, written plan embodying the terms and
				  conditions of employment, training, and supervision of one or more apprentices
				  in an apprenticeable occupation, as defined in this Part, and subscribed to by
				  a sponsor who has undertaken to carry out the program.
(b) The program documents shall contain the
				  equal opportunity pledge prescribed in section
				  600.4 
				  of this Part and, in programs having five or more registered apprentices:
(1) an affirmative action plan in accordance
				  with section
				  600.5  of
				  this Title; and
(2) a selection
				  method authorized in section
				  600.6  of
				  this Title.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.6 - Apprenticeship agreements

Current through Register Vol. 46, No. 28, July 10, 2024
Each registered apprentice shall receive from the sponsor a
					 copy of the apprenticeship agreement. The commissioner shall also receive from
					 the sponsor a copy of the apprenticeship agreement as required by section
					 601.5(c)(16) 
					 of this Part. The individual apprenticeship agreement between the sponsor and
					 the apprentice shall contain:
(a)
				  names, complete addresses and signatures of the contracting parties
				  (apprentice, and the sponsor or employer), and the name, address and signature
				  of a parent or guardian if the apprentice is under 18 years of age;
(b) the date of birth of the
				  apprentice;
(c) name and address of
				  the sponsor and the department;
(d)
				  a statement of the trade in which the apprentice is to be trained; the start
				  date of apprenticeship; and the duration -- i.e., the length of a time-based
				  program, or for hybrid and competency-based programs the period of time it
				  would take to complete the program if it were a Time-Based Program;
(e) a statement showing:
(1) the number of hours to be spent by the
				  apprentice working on the job in a time-based program; or a description of the
				  skill sets to be attained by completion of a competency-based program,
				  including the on-the-job learning component; or the minimum number of hours to
				  be spent by the apprentice and a description of the skill sets to be attained
				  by completion of hybrid program;
(2) the number of hours to be spent in
				  related and supplemental instruction in technical subjects related to the
				  trade. For time-based approaches a minimum of 144 hours per year is required.
				  For other approaches, the apprentice must be registered for at least 144 hours
				  of related and supplemental instruction courses but may test out earlier;
				  and
(3) The apprentice probation
				  period, in months;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.7 - Approaches to skill attainment and training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There are three approaches to determine
				  the progression of an apprentice through a program. They are:
(1) the time-based approach;
(2) the competency-based approach;
				  and
(3) the hybrid
				  approach.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.9 - Voluntary and formal deregistration of registered programs

Current through Register Vol. 46, No. 28, July 10, 2024
Deregistration of a program may be effected by: the
					 sponsor's voluntary written request for the cancellation of its registration;
					 the sponsor's failure to register an apprentice within six months of program
					 approval under section
					 601.4(h) 
					 of this Part; the sponsor's failure to register an apprentice within a period
					 of 12 consecutive months under section
					 601.8(e) 
					 of this Part; or formal deregistration proceedings initiated by the
					 commissioner in accordance with the provisions of this Part.
(a) Voluntary deregistration.
(1) The commissioner may cancel the
				  registration of a program upon receipt of a written request from the
				  sponsor.
(2) Sponsor requests for
				  the voluntary cancellation or deregistration of a program shall include the
				  status of all apprentices in the program, arrangements for transferring or
				  terminating the apprentices, and a statement that the apprentices have been
				  notified of the following:
(i) the
				  deregistration/cancellation and the effective date thereof;
(ii) that such cancellation automatically
				  deprives the apprentice of his/her individual registration.
(3) Such deregistration shall
				  become effective upon the department sending an acknowledgment to the sponsor
				  which contains, but is not limited to, the following:
(i) the registration is cancelled at the
				  sponsor's request, and the effective date thereof. If no effective date is
				  stated, the date of the request shall be deemed to be the effective
				  date;
(ii) the sponsor must
				  cooperate with the department's office of apprenticeship training and provide
				  all completed documentation for each apprentice's progress in the
				  apprenticeship program in the event the apprentice seeks transfer or employment
				  in another registered apprenticeship program;
(iii) the deregistration of the program does
				  not require the termination of employment of any apprentice, but the employer
				  must pay prevailing wages where required in accordance with the provisions of
				  articles 8 and 9 of the Labor Law to all their former apprentices on or after
				  the date of deregistration.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.10 - Effects of program deregistration on program participants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any sponsor,
				  member, employer, union participant, or signatory; including any successor,
				  subsidiary or substantially owned-affiliated entity thereto; of/to any program
				  formally deregistered pursuant to section
				  601.9(b)
				  and (c)  of this Part shall not apply for
				  reinstatement of registration, nor may any of the above, except those
				  signatories who were not materially involved in the issue that led to the
				  deregistration, become a signatory to another program, for a period of three
				  years in the same or any other trade.
(b) Any sponsor, member, employer, union
				  participant, or signatory; including any successor, subsidiary or substantially
				  owned-affiliated entity thereto; of/to any program that has voluntarily
				  deregistered pursuant to this Part after having been served with a notice of
				  proposed deregistration, or which has been deemed deregistered pursuant to
				  section
				  601.8(e) 
				  of this Part, shall not apply for reinstatement or registration for a period of
				  one year in the same or any other trade.
(c) Voluntary deregistered programs under
				  section
				  601.9(a) 
				  of this Part may apply for program reinstatement or registration at any
				  time.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.11 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of a request for a hearing under section
					 601.9(c) 
					 of this Part, the commissioner shall request the chair of the apprenticeship
					 council to designate a panel from among the members of the apprenticeship
					 council to conduct such hearing. The panel shall consist of at least three
					 members and be composed of an equal number of representatives of employers and
					 of employee organizations, and also may include the chair.
(a) Notice of the hearing shall be served by
				  certified mail, return receipt requested, to the sponsor at least 30 days prior
				  to the date of the hearing. The notice shall include the date, time and place
				  of the hearing, a statement of the legal authority and purpose for the hearing,
				  and a concise statement of the factual matters which form the basis for the
				  department's action.
(b) Hearings
				  shall be conducted informally and a record made of the sworn testimony and
				  exhibits introduced. The sponsor shall have the right to counsel, and a full
				  opportunity to be heard, including such cross-examination as may be
				  appropriate.
(c) The hearing panel
				  shall submit its report and recommendations to the commissioner on the basis of
				  the record made in the proceeding. After reviewing the record, report and
				  recommendations, the commissioner shall issue his/her determination within 30
				  days after receipt of the hearing panel's report.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.12 - Limitations

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part or in any program registration
					 agreement or apprenticeship agreement shall operate to invalidate:
(a) any apprenticeship provision in any
				  collective bargaining agreement between employers and employees establishing
				  higher apprenticeship standards; or
(b) any special provisions for veterans,
				  minority persons, or females in the standards, apprentice qualifications, or
				  operation of the program, or in the apprenticeship agreement, which is not
				  otherwise prohibited by law, executive order, or authorized
				  regulation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.14 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
Each sponsor shall keep adequate records relative to all
					 phases of the operation of the program, including but not limited to job
					 assignments, promotion, demotion, lay-off or termination, rates of pay or other
					 form of compensation or conditions of work, and any other records pertinent to
					 a determination of compliance with article 23 of the Labor Law and this Part,
					 in such manner and form as may be required by the department. In addition to
					 information provided during regular department field inspections each sponsor,
					 and each apprentice shall promptly submit such reports to the department as the
					 commissioner in his/her discretion shall require. Such reports shall be made on
					 forms prescribed by the commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.15 - Reciprocal approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  sponsor whose program has been registered with another state registration
				  agency or the Federal office of apprenticeship, and which has been made
				  permanent or has passed probation, may seek reciprocal approval from the
				  department. When reviewing an application for reciprocal approval, the
				  department will look for the following:
(1)
				  the sponsor is not ineligible to seek reciprocal approval pursuant to
				  subdivision (g) of this section;
(2) the sponsor submitted a complete
				  application;
(3) the sponsor
				  submitted proof of coverage for State unemployment, disability, and workers'
				  compensation insurance coverage;
(4) the sponsor's original registration
				  agency has verified the information in the sponsor's application is correct
				  with regard to the original registration state;
(5) the sponsor submits an acceptable plan
				  for providing any in-state related and supplemental instruction, not related
				  and supplemental instruction that is provided in the original registration
				  state or via electronic media under a plan approved by the original
				  state;
(6) the sponsor submits
				  copies of registration documents for any out-of-state apprentices that may work
				  in the State, and a list of any signatories that may work in the State
				  including name(s), address(es), and Federal employer identification
				  number(s);
(7) the department does
				  not find any omissions or inaccuracies in the information provided in the
				  application; and
(8) if the trade
				  is in the construction industry, neither the sponsor, nor one of the sponsor's
				  submitted signatories has been debarred from bidding public work projects in
				  any state or with the Federal government.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.16 - Consultation with apprenticeship council

Current through Register Vol. 46, No. 28, July 10, 2024
All determinations relating to the construction of Part 600
					 of this Title, and any revisions or changes to this Part and Part 600 of this
					 Title, shall be made by the commissioner after consultation with the
					 apprenticeship council.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.17 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application to any
					 person or circumstance is held invalid, the remainder of this Part and the
					 application of such provision to other persons or circumstances shall not be
					 affected thereby.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.18 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall become effective upon adoption in the State
					 Register.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 620 - Training Allowances › Section 620.1 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any trainee who
					 has been referred to and is at regular attendance at a training course
					 established in accordance with the provisions of article 23- A of the Labor Law
					 shall be eligible for State training allowances, except as provided in this
					 section.
(b) No State training
					 allowances shall be payable to a trainee who, without having been graduated
					 from a high school, has attended school during the 12- month period preceding
					 the beginning of the training course, except that sporadic and short-time
					 school attendance within that period may be disregarded and that this
					 subdivision shall not apply to a trainee:
(1)
					 whose return to school would not be practicable because of special personal
					 circumstances, or
(2) who attended
					 special education classes, or equivalent courses, if it is shown that he has
					 attained the highest level of achievement for his capabilities in the existing
					 school program.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 620 - Training Allowances › Section 620.2 - Regular allowances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Basic
					 amount. The weekly regular basic State training allowance payable with respect
					 to weeks beginning in a calendar quarter to a trainee shall be an amount equal
					 to the State-wide average gross benefit rate for four effective days which
					 obtained under the Unemployment Insurance Law for the first four of the last
					 five preceding calendar quarters, with fractions of a dollar rounded up to the
					 next higher multiple of a dollar.
(b) Augmentation.
(1) For dependents. Weekly regular allowances
					 shall be augmented by $5 for each dependent, up to a maximum of six, whom the
					 trainee supports, excepting dependents who receive State training allowances as
					 here provided or any other similar training allowances from any public
					 fund.
(2) After 10th week of
					 training. Weekly regular allowances shall be augmented after the 10th week of
					 training:
(i) by $10 for trainees who do not
					 receive any augmentation for dependents;
(ii) by $5 for trainees who receive an
					 augmentation for one dependent.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 621 - Subsistence Allowances › Section 621.1 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Any trainee referred to and attending a training course
						established in accordance with the provisions of article 23-A of the Labor Law
						at a facility beyond commuting distance from his regular place of residence,
						and who establishes a temporary residence near such facility, shall be paid a
						subsistence allowance for each day he stays overnight at that temporary
						residence during the period of the training course.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 621 - Subsistence Allowances › Section 621.2 - Amount

Current through Register Vol. 46, No. 28, July 10, 2024
The amount of the subsistence allowance shall be five
						dollars per day. However, if the training facility furnishes lodgings and meals
						to trainees at a rate of four dollars or less per day, the subsistence
						allowance shall not exceed the amount charged by the facility plus a sum of one
						dollar per day.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 622 - Transportation Allowances › Section 622.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Any trainee referred to and attending a training course
						established in accordance with the provisions of article 23-A of the Labor Law
						shall be entitled to transportation allowances as provided
						herein.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 622 - Transportation Allowances › Section 622.2 - Travel to and from temporary residence

Current through Register Vol. 46, No. 28, July 10, 2024
A trainee whose regular place of residence is beyond
						commuting distance from the training facility, and who establishes a temporary
						residence nearer to the facility, shall receive:
(a) A transportation allowance for his travel
					 at the beginning and end of the training course:
(1) in an amount equal to the least expensive
					 means of public transportation by common carrier reasonably available to him
					 or,
(2) if there is no such public
					 transportation that can reasonably meet his needs, in an amount calculated by
					 multiplying by five cents the mileage of the most direct route from his regular
					 to his temporary residence.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 622 - Transportation Allowances › Section 622.3 - Daily commuting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 trainee, except as set forth under (b) below, who commutes daily to and from
					 the training facility, including a trainee who receives subsistence allowances
					 provided his choice for the location of his temporary residence is reasonable
					 in view of factors such as living cost and availability of accommodations,
					 shall be reimbursed for the cost of travel:
(1) in amounts equal to the least expensive
					 means of public transportation by common carrier reasonably available to him,
					 or
(2) if there is no public
					 transportation that can reasonably meet his needs, in an amount calculated by
					 multiplying by five cents the mileage of the most direct route from his
					 residence, provided, however, that the cost so established may be reduced by 50
					 cents for each round-trip, with a maximum reduction by $2.50 per
					 week.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 623 - Overpayments › Section 623.1 - Repayment and offset

Current through Register Vol. 46, No. 28, July 10, 2024
A trainee who received any allowances to which he was not
						entitled shall be required to repay them or to have the amount offset from
						future allowances.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 623 - Overpayments › Section 623.2 - Recoverability

Current through Register Vol. 46, No. 28, July 10, 2024
Waiver of recovery of an overpayment of allowances shall
						be considered and granted in accordance with the provisions of the New York
						State Unemployment Insurance Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 624 - Disqualifications › Section 624.1 - Refusal to accept training

Current through Register Vol. 46, No. 28, July 10, 2024
A trainee who has refused without good cause to accept
						training pursuant to the provisions of article 23-A of the Labor Law, the
						Federal Manpower Development and Training Act, or any other Federal Act shall
						not receive a State training, subsistence or transportation allowance for one
						year thereafter.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 624 - Disqualifications › Section 624.2 - Termination by training facility

Current through Register Vol. 46, No. 28, July 10, 2024
A trainee who is terminated by the training facility from
						State or Federal vocational training, because he has failed without good cause
						to maintain satisfactory attendance or progress in accordance with training
						facility standards, shall not receive a State training, subsistence or
						transportation allowance for one year after such termination.