reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part III - Bureau of Social Security for Public Employees › Chapter 71 - PLAN FOR SOCIAL SECURITY BENEFITS › PROCEDURES FOR ASSESSMENT AND COLLECTION OF AMOUNT DUE OR OVERDUE BY POLITICAL SUBDIVISION OR INSTRUMENTALITY › Section 71.22 - Assessment process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Bureau
				  will review all reports required under the act or this chapter when received
				  and, if the Bureau finds that a mathematical error exists, the Bureau will
				  immediately correct the error and notify the political subdivision or
				  instrumentality of the correction and any additional amounts due or credit
				  resulting from same. Any additional amounts due shall be paid within 30 days of
				  date of issue of such notice.
(b)
				  Where a political subdivision or instrumentality fails to file a report as
				  required by the act or this chapter, the Bureau will immediately notify the
				  political subdivision or instrumentality of this failure and demand such report
				  be filed within ten days of the notification by the Bureau of such
				  failure.
(c) If the political
				  subdivision or instrumentality does not file the required report within this
				  ten-day period, the Bureau will proceed to audit the records of the political
				  subdivision or instrumentality to determine the amounts due or
				  overdue.
(d) After such audit the
				  Bureau will notify the political subdivision or instrumentality of the amounts
				  due or overdue, and the political subdivision or instrumentality shall pay such
				  amounts to the Bureau within 30 days of the date of issue of such
				  notice.
(e) If the Bureau is unable
				  to audit the records as set forth in subsection (c) of this section and §
										71.9(b) 
				  (relating to maintenance and inspection of records), the Bureau may, in the
				  alternative, estimate the amounts due or overdue based on the amount reported,
				  audited, paid, and due or overdue for the similar period of the preceding
				  calendar year or quarter for the political subdivision or instrumentality in
				  question. The Bureau will notify the political subdivision or instrumentality
				  of the amounts due or overdue, and the political subdivision or instrumentality
				  shall pay such amounts to the Bureau within 30 days of this assessment
				  notice.
(f) If payment is not made
				  of the amount assessed under subsections (a)-(e), the Bureau will proceed to
				  collect such amounts due or overdue in accordance with this chapter.
The provisions of this §
												71.22 issued under act of January
						5, 1952 (P. L. (1951) 662, No. 491) (65 P. S. §§
													201-209).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part III - Bureau of Social Security for Public Employees › Chapter 71 - PLAN FOR SOCIAL SECURITY BENEFITS › PROCEDURES FOR ASSESSMENT AND COLLECTION OF AMOUNT DUE OR OVERDUE BY POLITICAL SUBDIVISION OR INSTRUMENTALITY › Section 71.23 - Procedures for collection-general

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Nothing in this chapter shall be construed to preclude the Bureau from
				  proceeding in addition or in the alternative to the procedures provided in this
				  chapter to collect the amounts determined to be due or overdue in any other
				  manner authorized by law.
(b) If
				  there are overdue amounts as the result of a mathematical error, the Bureau
				  will:
(1) Immediately certify the amounts
				  overdue to the appropriate agency, department, or official in accordance with
				  §
											71.8(b) (relating
				  to interest on and payment of overdue contributions).
(2) Notify the political subdivision or
				  instrumentality of the certification and amounts to be
				  deducted.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part III - Bureau of Social Security for Public Employees › Chapter 71 - PLAN FOR SOCIAL SECURITY BENEFITS › PROCEDURES FOR ASSESSMENT AND COLLECTION OF AMOUNT DUE OR OVERDUE BY POLITICAL SUBDIVISION OR INSTRUMENTALITY › Section 71.24 - Procedures for collection-review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  If-upon receipt of an assessment before or after audit, a reassessment, a
				  notice of amounts due or overdue, or other statement of adjustment-a political
				  subdivision or instrumentality disputes the amount so assessed, reassessed, or
				  found due or overdue for any reason other than a mathematical error, the
				  political subdivision or instrumentality may request that the Bureau review the
				  assessment, reassessment, notice, or adjustment made.
(b) The political subdivision or
				  instrumentality must request review within 30 days of the date the Bureau
				  issues the assessment, reassessment, notice, or adjustment.
(c) The request for review shall be filed
				  with the same office designated under §
										71.2 (relating to submission of
				  plan).
(d) A request for review
				  shall be filed in duplicate and shall include all of the following:
(1) Reference to the specific assessment,
				  reassessment, notice or adjustment disputed.
(2) Statements of the reasons other than
				  mathematical errors why the political subdivision or instrumentality believes
				  the assessment, reassessment, notice, or adjustment is in error.
(3) Copies of the records relevant to support
				  the reasons set forth in paragraph (2).
(4) Other written submissions, briefs,
				  memoranda, and the like to support the statement of error referred to in
				  paragraph (2).
(5) A request for a
				  hearing, if desired, to present testimony or evidence or both to support the
				  statement of error referred to in paragraph (2).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part III - Bureau of Social Security for Public Employees › Chapter 71 - PLAN FOR SOCIAL SECURITY BENEFITS › PROCEDURES FOR ASSESSMENT AND COLLECTION OF AMOUNT DUE OR OVERDUE BY POLITICAL SUBDIVISION OR INSTRUMENTALITY › Section 71.25 - Hearing procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a
				  hearing is requested as prescribed in §
										71.24(d)(5)
				  (relating to procedure for collection-review), the Department will immediately
				  appoint a hearing examiner to hear testimony and receive evidence and to rule
				  upon the issues presented. The provisions of this section supersede the
				  provisions of 1 Pa. Code §
										35.185 (relating to designation of
				  presiding officers).
(b) The
				  hearing examiner so appointed shall conduct a hearing, rule upon the issues
				  presented, and issue a decision to all parties. Such decision shall affirm,
				  revise, or otherwise rule upon the matters presented for review and shall
				  include findings of fact, conclusions of law, and a determination as to the
				  amounts due or overdue. The provisions of this subsection supplement the
				  provisions of 1 Pa. Code §
										35.187 (relating to authority
				  delegated to presiding officers).
(c) The Bureau will notify the political
				  subdivision or instrumentality of the decision of the hearing examiner and will
				  provide the political subdivision or instrumentality with a copy of such
				  decision.
(d) Amounts determined to
				  be due or overdue pursuant to subsections (b) and (c) shall be paid immediately
				  by the political subdivision or instrumentality unless an appeal is taken;
				  provided, however, that such appeal shall not operate as a supersedeas unless
				  specifically so ordered by the Bureau or court.
The provisions of this §
												71.25 issued under act of January
						5, 1952 (P. L. (1951) 662, No. 491) (65 P. S. §§
													201-209).
This section cited in 34 Pa. Code §
												71.23 (relating to procedures for
						collection-general); and 34 Pa. Code §
												71.24 (relating to procedures for
						collection-review).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › GENERAL PROVISIONS › Section 81.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of the policies and procedures set forth in
					 this chapter is to promote equality of opportunity in apprenticeship by
					 prohibiting discrimination based on race, color, religion, national origin or
					 sex in apprenticeship programs, by requiring affirmative action to provide
					 equal opportunity in such apprenticeship programs, and by coordinating such
					 policies and procedures with other equal opportunity
					 programs.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › GENERAL PROVISIONS › Section 81.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth policies and procedures to promote
					 equality of opportunity in apprenticeship programs registered with the Council.
					 These policies and procedures apply to the recruitment and selection of
					 apprentices, and to all conditions of employment and training during
					 apprenticeship, and the procedures established provide for review of
					 apprenticeship programs, for registering apprenticeship programs, and for
					 deregistering noncomplying apprenticeship programs.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › GENERAL PROVISIONS › Section 81.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Apprenticeship program
-A program
					 registered with the Council and evidenced by a Certificate of Registration or
					 other appropriate document as meeting the apprenticeship standards of the
					 Council.
Council
-The Apprenticeship and Training
					 Council of the Commonwealth.
Director
-Any authorized person legally
					 appointed to supervise the activities of the Council.
Employer
-Any person or organization
					 employing an apprentice whether or not the apprentice is enrolled with such
					 person or organization or with some other person or organization.
Minority
-One of four major ethnic groups
					 other than Caucasian, namely Negro, American Indian, Oriental and Spanish
					 American or a person, regardless of race, who is handicapped with a
					 non-job-related disability. The term "Spanish American" or "Spanish-surnamed
					 American" is deemed to include all persons of Mexican, Puerto Rican, Spanish or
					 Cuban origin.
Nonjob-related disability
-Any handicap or
					 disability which does not substantially interfere with the ability to perform
					 the essential functions of the employment which a handicapped person applies
					 for, is engaged in, or has been engaged in.
Sponsor
-Any person or organization
					 operating an apprenticeship program, irrespective of whether the person or
					 organization is an employer.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › EQUAL OPPORTUNITY STANDARDS › Section 81.11 - Obligation of sponsors

Current through Register Vol. 54, No. 28, July 13, 2024
Each sponsor of an apprenticeship program shall be
					 responsible for the following:
(1) The
				  recruitment, selection, employment, and training of apprentices during their
				  apprenticeship, without discrimination because of race, color, religion,
				  national origin, sex or nonjob-related disability.
(2) The uniform application of rules and
				  regulations concerning apprentices, including but not limited to, equality of
				  wages, periodic advancement, promotion, assignment of work, job performance,
				  rotation among all work processes of the trade, imposition of penalties or
				  other disciplinary action, and all other aspects of apprenticeship program
				  administration by the program sponsor.
(3) The taking of affirmative action to
				  provide equal opportunity in apprenticeship, including adoption of an
				  affirmative action plan as required by this chapter.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › EQUAL OPPORTUNITY STANDARDS › Section 81.12 - Equal opportunity pledge

Current through Register Vol. 54, No. 28, July 13, 2024
Each sponsor of an apprenticeship program shall include in
					 its standards the following equal opportunity pledge:
The recruitment, selection, employment and training of
					 apprentices during their apprenticeship shall be without discrimination because
					 of race, color, religion, national origin, sex or non-job-related disability.
					 The sponsor shall take affirmative action to provide equal opportunity in
					 apprenticeship and will operate the apprenticeship program as required under
					 Title 29 of the
Code of Federal Regulations
, Part 30 and equal
					 employment opportunity regulations of the Commonwealth of
					 Pennsylvania.
This section cited in 34 Pa. Code §
												81.13 (relating to programs
						currently registered).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › EQUAL OPPORTUNITY STANDARDS › Section 81.13 - Programs currently registered

Current through Register Vol. 54, No. 28, July 13, 2024
Each sponsor of a program registered with the Council
					 shall, within 6 months following the effective date of this chapter, take the
					 following actions:
(1) Include in the
				  standards of its apprenticeship program the equal opportunity pledge prescribed
				  in §
										81.12 (relating to equal
				  opportunity pledge).
(2) Adopt an
				  affirmative action plan as required in this chapter.
(3) Adopt a selection procedure as required
				  in this chapter. A sponsor adopting one of the selection methods specified in
				  §§
										81.32-81.34 (relating to selection of
				  apprentices) shall prepare, and have available for submission upon request,
				  copies of its amended standards, affirmative action plans and selection
				  procedure. A sponsor adopting a selection method under §
										81.35 (relating to alternative
				  selection methods) shall submit to the Council copies of its standards,
				  affirmative action plan, and selection procedure.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › EQUAL OPPORTUNITY STANDARDS › Section 81.14 - Sponsors seeking new registration

Current through Register Vol. 54, No. 28, July 13, 2024
A sponsor of a program seeking new registration with the
					 Council shall sub- mit copies of its proposed standards, affirmative action
					 plan, selection procedures, and such other information as may be required. The
					 program will be registered if such standards, affirmative action plan and
					 selection procedure meet the requirements of this chapter.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › EQUAL OPPORTUNITY STANDARDS › Section 81.15 - Programs subject to approved equal employment opportunity plans

Current through Register Vol. 54, No. 28, July 13, 2024
A sponsor shall not be required to adopt an affirmative
					 action plan or a selection procedure as specified in this chapter if it submits
					 to the Council satisfactory evidence that it is subject to an equal employment
					 opportunity program providing for the selection of apprentices and for
					 affirmative action in apprenticeship including goals and timetables for women
					 and minorities which has been approved as meeting the requirements of Title VII
					 of the Civil Rights Act of 1964 (42 U.S.C.A. §
											2000e et seq.)
					 or Executive Order 11246, as amended (30 FR 12319; 32 FR 12986) and the
					 implementing regulations published in 29 CFR Chapter XIV, and 41 CFR, Chapter
					 60; provided, that programs approved, modified, or renewed subsequent to the
					 effective date of this amendment will qualify for this exception only if the
					 goals and timetables for minorities and women for the selection of apprentices
					 provided for in such programs are equal to or greater than the goals required
					 under this part.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › EQUAL OPPORTUNITY STANDARDS › Section 81.16 - Programs with fewer than five apprentices

Current through Register Vol. 54, No. 28, July 13, 2024
A sponsor of a program in which fewer than five apprentices
					 are indentured will not be required to adopt a written affirmative action plan
					 or a selection procedure as specified in this chapter; provided that such
					 program was not adopted to circumvent the requirements of this
					 chapter.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › AFFIRMATIVE ACTION PLANS › Section 81.21 - Affirmative action defined; adoption of plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Affirmative action is not mere passive
				  nondiscrimination. It includes procedures, methods and programs for the
				  identification, positive recruitment, training and motivation of present and
				  potential minority and female apprentices. It is action which will equalize
				  opportunity in apprenticeship so as to follow full utilization of the work
				  potential of minorities and women.The overall result to be sought is equal
				  opportunity in apprenticeship for all individuals participating in or seeking
				  entrance to the nation's labor force.
(b) The commitment of a sponsor to equal
				  opportunity in recruitment, selection, employment and training of apprentices
				  shall include the adoption of a written affirmative action plan.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › AFFIRMATIVE ACTION PLANS › Section 81.24 - Analysis to determine if deficiencies exist

Current through Register Vol. 54, No. 28, July 13, 2024
The determination by the program sponsor as to whether
					 goals and timetables need to be established shall be based on an analysis of at
					 least the following factors, which analysis shall be set forth in writing as
					 part of the affirmative action plan:
(1) The minority and female-minority and
				  nonminority-population of the labor market area in which the program sponsor
				  operates.
(2) The size of the
				  minority and female-minority and nonminority-labor force in labor market area
				  of the sponsor.
(3) The percentage
				  of minority and female-minority and nonminority-participation as apprentices in
				  the particular craft as compared with the percentage of minorities in the labor
				  force in the labor market area of the sponsor.
(4) The percentage of minority and
				  female-minority and nonminority-participation as journeymen employed by the
				  employer or employers participating in the program as compared with the
				  percentage of minorities in the labor market area of the sponsor and the extent
				  to which the sponsor should be expected to correct any deficiencies through the
				  achievement of goals and timetables for the selection of apprentices.
(5) The general availability of minorities
				  and women-minority and nonminority-with present or potential capacity for
				  apprenticeship in the labor market area, of the sponsor.
This section cited in 34 Pa. Code §
												81.23 (relating to goals and
						timetables-when required); 34 Pa. Code §
												81.33 (relating to random
						selection from pool of eligible applicants); and 34 Pa. Code §
												81.34 (relating to selection from
						pool of current employes).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › AFFIRMATIVE ACTION PLANS › Section 81.26 - Availability of information

Current through Register Vol. 54, No. 28, July 13, 2024
The United States Department of Labor will make available
					 to program sponsors data and information on minority and female-minority and
					 nonminority-population and labor force characteristics for each Standard
					 Metropolitan Statistical Area, and for other special areas as
					 appropriate.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › SELECTION OF APPRENTICES › Section 81.31 - Obligation of sponsors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				  addition to the development of a written affirmative action plan to ensure that
				  minorities have an equal opportunity for selection as apprentices and otherwise
				  insure the prompt achievement of full and equal opportunity in apprenticeship,
				  each sponsor shall further provide in its affirmative action program that the
				  selection of apprentices shall be made in accordance with this
				  chapter.
(b) Each sponsor shall
				  adopt one of the methods for selecting apprentices specified in §§
										81.32-81.35 (relating to selection of
				  apprentices).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › SELECTION OF APPRENTICES › Section 81.33 - Random selection from pool of eligible applicants

Current through Register Vol. 54, No. 28, July 13, 2024
The sponsor who adopts the method of a random selection of
					 apprentices from a pool of eligible applicants shall comply with the
					 following:
(1)
Selection.
A sponsor may select apprentices from a pool of eligible applicants
				  on a random basis. The method of random selection shall be subject to approval
				  by the Council. Supervision of the random selection process shall be by an
				  impartial person or persons selected by the sponsor, but not associated with
				  the administration of the apprenticeship program. The time and place of the
				  selection and the number of apprentices to be selected shall be announced. The
				  place of the selection shall be open to all applicants and the public. The
				  names of apprentices drawn by this method shall be posted immediately following
				  the selection at the place of business of the sponsor.
(2)
Other requirements.
The
				  sponsor shall meet the requirements of §§
										81.23 -81.25 and §
										81.32(2)-(5).
This section cited in 34 Pa. Code §
												81.13 (relating to programs
						currently registered); 34 Pa. Code §
												81.23 (relating to goals and
						timetables-when required); 34 Pa. Code §
												81.31 (relating to obligation of
						sponsors); 34 Pa. Code §
												81.41 (relating to existing list
						of eligibles), and 34 Pa. Code §
												81.53 (relating to qualification
						standards).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › SELECTION OF APPRENTICES › Section 81.34 - Selection from pool of current employes

Current through Register Vol. 54, No. 28, July 13, 2024
The sponsor who adopts the method of a selection of
					 apprentices from a pool of current employes shall comply with the
					 following:
(1)
Selection.
A sponsor may select apprentices from an eligibility pool of the
				  workers already employed by the program sponsor in a manner prescribed by a
				  collective bargaining agreement where such exists, or by the sponsor's
				  established promotion policy. The sponsor adopting this method of selecting
				  apprentices shall establish goals and timetables for the selection of minority
				  and female apprentices, unless the sponsor concludes, in accordance with the
				  provisions of §§
										81.23-81.25 (relating to affirmative
				  action plans) that it does not have deficiencies in terms of underutilization
				  of minorities or women-minority and nonminority-or both, in the apprenticeship
				  of journeymen crafts represented by the program.
(2)
Goals and timetables.
The sponsor shall meet the requirements of §
										81.32(5)
				  (relating to selection on basis of rank from pool of eligible
				  applicants).
This section cited in 34 Pa. Code §
												81.13 (relating to programs
						currently registered); 34 Pa. Code §
												81.31 (relating to obligation of
						sponsors); and 34 Pa. Code §
												81.53 (relating to qualification
						standards).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › MAINTENANCE OF ELIGIBILITY LIST › Section 81.41 - Existing list of eligibles

Current through Register Vol. 54, No. 28, July 13, 2024
A sponsor adopting a selection method under §
										81.32, §
										81.33 or §
										81.35, and who determines that
					 there are fewer minorities on its existing lists of eligibles than would
					 reasonably be expected after an analysis to determine if deficiencies exist,
					 shall discard all existing eligibility lists upon adoption of such selection
					 method. Thereafter new eligibility pools shall be
					 established.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › MAINTENANCE OF ELIGIBILITY LIST › Section 81.42 - Public notice of eligibility pools

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Sponsors shall establish a reasonable period of not less than 2 weeks for
				  accepting applications for admission to an apprenticeship program.
(b) Lists of eligibility pools shall be
				  posted at the place of business of the sponsor.
(c) There shall be at least 30 days of public
				  notice in advance of the earliest date for application for admission to an
				  apprenticeship program. Reference should be made to §
										81.22 (relating to outreach and
				  positive recruitment).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › MAINTENANCE OF ELIGIBILITY LIST › Section 81.43 - Retention of applicants on list; reporting for work

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applicants who have been placed in a pool
				  of eligibles shall be retained on lists of eligibles subject to selection for a
				  period of 2 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 registered return receipt mail notice.
(b) 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 current
				  mailing address.
(c) A sponsor may
				  restore to the list of eligibles an applicant who has been removed from the
				  list at his request or who has failed to respond to an apprenticeship job
				  opportunity.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › RECORDS › Section 81.51 - Obligations of sponsors

Current through Register Vol. 54, No. 28, July 13, 2024
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 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, and any other
					 records pertinent to a determination of compliance with this chapter as may be
					 required by the Council. The records pertaining to individual applicants,
					 whether selected or rejected, shall be maintained in such manner as to permit
					 identification of minority and female-minority and
					 nonminority-participants.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › RECORDS › Section 81.52 - Affirmative action plans

Current through Register Vol. 54, No. 28, July 13, 2024
Each sponsor shall retain a statement of its affirmative
					 action plan for the prompt achievement of full and equal opportunity in
					 apprenticeship, including all data and analysis made pursuant to the
					 requirements of this chapter. Sponsors shall periodically review their
					 affirmative action plan and update it where necessary.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › RECORDS › Section 81.53 - Qualification standards

Current through Register Vol. 54, No. 28, July 13, 2024
Each sponsor shall maintain evidence that its qualification
					 standards have been validated in accordance with the requirements in
					 §§
										81.32-81.35 (relating to selection of
					 apprentices).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › RECORDS › Section 81.54 - Maintenance of records

Current through Register Vol. 54, No. 28, July 13, 2024
The records required by this chapter and any other
					 information relevant to compliance with this chapter shall be maintained for 5
					 years and made available upon request to the Council, United States Department
					 of Labor or authorized representatives.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › RECORDS › Section 81.55 - Records of the Council

Current through Register Vol. 54, No. 28, July 13, 2024
The Council shall keep adequate records, including
					 registration requirements, approved individual program standards, 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 chapter as many as may be required by the United States Department of
					 Labor and shall report such information to the United States Department of
					 Labor, through the Office of the State Supervisor of the Bureau of
					 Apprenticeship and Training, United States Department of Labor,
					 semiannually.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › COMPLIANCE › Section 81.61 - Conduct of compliance reviews

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Council will regularly conduct systematic reviews of apprenticeship
				  programs in order to determine the extent to which sponsors are complying with
				  this chapter. The Council will also conduct compliance reviews when
				  circumstances, including receipt of complaints not referred to a private review
				  body pursuant to §
										81.73(a)
				  (relating to processing of complaints), so warrant, and take appropriate action
				  regarding programs which are not in compliance with the requirements of this
				  chapter.
(b) Compliance reviews
				  will consist of comprehensive analysis and evaluations of each aspect of the
				  apprenticeship program, including on site investigations and audits.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › COMPLIANCE › Section 81.62 - Compliance review as part of registration

Current through Register Vol. 54, No. 28, July 13, 2024
Sponsors seeking reregistration or new registration shall
					 be subject to a compliance review by the Council as part of the registration
					 process.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › COMPLIANCE › Section 81.63 - Voluntary compliance

Current through Register Vol. 54, No. 28, July 13, 2024
Where the compliance review indicates that the sponsor is
					 not operating in accordance with this chapter, the Council will 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 any sanctions pursuant to this chapter. In
					 the case of sponsors seeking new registration, the Council will provide
					 appropriate recommendations to the sponsor to enable it to achieve compliance
					 for registration purposes.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › COMPLIANCE › Section 81.64 - Noncompliance with Federal or State requirements

Current through Register Vol. 54, No. 28, July 13, 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 §§
										81.81-81.83 (relating to sanctions) if
					 the noncompliance is related to the equal employment opportunity of apprentices
					 or graduates of such an apprenticeship program under this chapter. The sponsor
					 shall take positive steps to assist and cooperate with employers and unions in
					 fulfilling their equal employment opportunity obligations.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › COMPLAINT PROCEDURES › Section 81.71 - Filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any apprentice
				  or applicant for apprenticeship who believes that he has been discriminated
				  against on the basis of race, color, religion, national origin, sex or
				  nonjob-related disability with regard to apprenticeship or that the equal
				  opportunity standards with respect to his selection have not been followed in
				  the operation of an apprenticeship program may, by the apprentice or by an
				  authorized representative, file a complaint with the Council, or with a private
				  review body established pursuant to §
										81.72 (relating to establishment
				  of private review body). The complaint shall be in writing and shall be signed
				  by the complainant. It shall 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 chapter.
(b) The complaint shall be filed not later
				  than 180 days from the date of the alleged discrimination of 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 complaints by the complainant to the Council
				  shall occur within the time limitation stated in this subsection or 30 days
				  from the final decision of such review body, whichever is later. The time may
				  be extended by the Council for good cause shown.
(c) Subsection (a) supersedes 1 Pa. Code
				  §§
										35.9 and
				  35.10 (relating to formal
				  complaints generally).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › COMPLAINT PROCEDURES › Section 81.72 - Establishment of private review body

Current through Register Vol. 54, No. 28, July 13, 2024
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.
This section cited in 34 Pa. Code §
												81.71 (relating to
						filing).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › COMPLAINT PROCEDURES › Section 81.73 - Processing of complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
				  the sponsor has designated a review body for reviewing complaints, and if the
				  Council determines that such review body will effectively enforce the equal
				  opportunity standards, the Council, upon receiving a complaint, will refer the
				  complaint to the review body.
(b)
				  The Council will, within 30 days following the referral of a complaint to the
				  review body, obtain reports from the complainant and the review body as to the
				  disposition of the complaint. If the complaint has been satisfactorily
				  adjusted, and there is no other indication of failure to apply equal
				  opportunity standards, the case shall be closed and the parties appropriately
				  informed.
(c) When a complaint has
				  not been resolved by the review body within 90 days or where, despite
				  satisfactory resolution of the particular complaint by the review body, there
				  is evidence that the equal opportunity practices of the apprenticeship program
				  are not in accordance with this chapter, the Council may conduct such
				  compliance review as found necessary, and shall take all necessary steps to
				  resolve the complaint.
(d) If no
				  review body exists, the Council may conduct such compliance review as found
				  necessary in order to determine the facts of the complaint, and obtain such
				  other information relating to compliance with this chapter as the circumstances
				  warrant.
(e) Sponsors shall provide
				  written notice of the compliant procedure set forth in this section to all
				  applicants for apprenticeship and all apprentices.
This section cited in 34 Pa. Code §
												81.61 (relating to conduct of
						compliance reviews).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › SANCTIONS › Section 81.81 - When sanctions will be imposed

Current through Register Vol. 54, No. 28, July 13, 2024
Where the Council, as a result of a compliance review or
					 other reason, determines that there is reasonable cause to believe that an
					 apprenticeship program is not operating in accordance with this chapter and
					 voluntary corrective action has not been taken by the program sponsor, it will
					 institute proceedings to deregister the program or refer the matter to the
					 United States Department of Labor for referral to the United States Attorney
					 General with recommendations for the institution of a court action by the
					 United States Attorney General under Title VII of the Civil Rights Act of 1964
					 (42 U.S.C.A. §
											2000e et seq.).
This section cited in 34 Pa. Code §
												81.64 (relating to noncompliance
						with Federal or State requirements); and 34 Pa. Code §
												81.82 (relating to deregistration
						procedures).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › SANCTIONS › Section 81.82 - Deregistration procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Deregistration proceedings shall be conducted in accordance
					 with the following procedures:
(1) The
				  Council will notify the sponsor, in writing, that a determination of reasonable
				  cause has been made under §
										81.81 (relating to when sanctions
				  will be imposed) and that the apprenticeship program may 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 15 days of
				  the receipt of the notice, the sponsor mails a request for a hearing, the
				  Director will convene a hearing.
(3) The Director will 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, the
				  proposed findings and recommended decision of the hearing officer. The Director
				  may allow the sponsor a reasonable time to achieve voluntary corrective action.
				  If the decision of the Director is that the apprenticeship program is not
				  operating in accordance with this chapter, the apprenticeship program shall be
				  deregistered. In each case in which deregistration is ordered, the Director may
				  make public notice of the order and will notify the sponsor and the
				  complainant, if any, and the United States Department of Labor. The Council
				  shall inform any sponsor whose program has been deregistered that it may appeal
				  such deregistration to the United States Department of Labor in accordance with
				  the procedures of 29 CFR
				  30.15.
This section cited in 34 Pa. Code §
												81.64 (relating to noncompliance
						with Federal or State requirements).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › SANCTIONS › Section 81.83 - Conduct of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings shall be conducted in accordance with the
					 following procedures:
(1) Within 10
				  days of his receipt of a request for a hearing, the Director shall designate a
				  hearing officer. The hearing officer shall give reasonable notice of such
				  hearing by registered mail, return receipt requested, to the sponsor. The
				  notice shall include a reasonable time and place of hearing, a statement of the
				  provisions of this chapter pursuant to which the hearing is to be held, and a
				  concise statement of the matters pursuant to which the action forming the basis
				  of the hearing is proposed to be taken.
(2) The hearing officer will regulate the
				  course of the hearing. Hearings will be informally conducted. Every party shall
				  have the right to counsel, and a fair opportunity to present the party's case
				  including such cross-examination as may be appropriate in the circumstances.
				  Hearing officers shall make their proposed findings and recommended decisions
				  to the Director upon the basis of the record before them.
(3) Paragraph (2) supersedes 1 Pa. Code
				  §§
										35.189,
				  35.201 and
				  35.202 (relating to manner of
				  conduct of hearings; certification of record without proposed report; and
				  proceedings in which proposed reports are prepared).
This section cited in 34 Pa. Code §
												81.64 (relating to noncompliance
						with Federal or State requirements).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › MISCELLANEOUS PROVISIONS › Section 81.91 - Special processing for compliance review or complaint processing

Current through Register Vol. 54, No. 28, July 13, 2024
If, in the judgment of the Council, a particular situation
					 warrants and requires special processing and either expedited or extended
					 determination, it will 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.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › MISCELLANEOUS PROVISIONS › Section 81.92 - Reinstatement of program registration

Current through Register Vol. 54, No. 28, July 13, 2024
Any apprenticeship program deregistered pursuant to this
					 chapter may be reinstated upon presentation of adequate evidence to the
					 Director that the apprenticeship program is operating in accordance with this
					 chapter.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › MISCELLANEOUS PROVISIONS › Section 81.93 - Intimidatory or retaliatory acts

Current through Register Vol. 54, No. 28, July 13, 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 (42
					 U.S.C.A. §
											2000e et seq.), Executive
					 Order 11246, or because he has made a complaint, testified, assisted, or
					 participated in any manner in an investigation, proceeding or hearing under
					 this chapter shall be considered noncompliance with the equal opportunity
					 standards of this chapter. The identity of complainants will be kept
					 confidential except to the extent necessary to carry out the purpose of this
					 chapter, including the conduct of any investigation, hearing or judicial
					 proceeding arising therefrom.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › MISCELLANEOUS PROVISIONS › Section 81.94 - Nondiscrimination

Current through Register Vol. 54, No. 28, July 13, 2024
The commitments contained in the affirmative action program
					 of the sponsor are not intended and shall not be used to discriminate against
					 any qualified applicant or apprentice on the basis of race, color, religion,
					 national origin or sex.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › MISCELLANEOUS PROVISIONS › Section 81.95 - Requests for exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Requests for exemption from any provision of this chapter shall be made in
				  writing to the Director and shall contain a statement of reasons supporting the
				  request. Exemptions may be granted for good cause.
(b) The Council shall immediately notify the
				  United States Department of Labor of any such exemptions granted affecting a
				  substantial number of employes and the reasons therefor.
(c) Subsection (a) supersedes 1 Pa. Code
				  §
										35.18 (relating to petitions for
				  issuance, amendment, waiver or repeal of regulations).