Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The California Apprenticeship Council ("Council") may adopt state-wide minimum industry training criteria adopted by a particular industry training committee established pursuant to the provisions of this section, unless the particular committee cannot establish such criteria by its deadline as provided under this section, in which case the CAC may otherwise determine state-wide minimum industry training criteria to be utilized in accordance with the provisions of this section.
(b) The following procedures shall be followed when initially establishing the minimum industry training criteria:
(1) A committee shall be established by the Chair of the Council for each apprenticeable construction-industry craft or trade, and may be established by the Chair of the Council for any apprenticeable non-construction industry craft or trade. The Chair shall appoint a minimum of eight (8) members in the following categories: two signatory employer representatives, two non signatory employer representatives, two signatory employee representatives, and two non signatory employee representatives. The term of each member shall be three years. The Chair may appoint additional members in the same proportion. The Chair shall appoint members from among candidates supplied by the sponsors of apprenticeship programs approved or proposed for approval under the Shelley-Maloney Apprentice Labor Standards Act of 1939, Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code ("Shelley-Maloney Act") in the particular craft or trade. The Chair shall notify all programs approved or proposed for approval under the Shelley-Maloney Act in the particular craft or trade of the Chair's intent to form such committee or appoint committee members at least 45 days before making such appointments, and must provide such programs with a period of at least 30 days within which to submit candidates to the Chair. Where programs do not supply sufficient candidates in the categories required to the Chair within the period provided or where there are no programs to supply candidates, the Chair may select individuals working in the particular craft or trade to complete the committee. The Chair shall endeavor to appoint members from all segments of the industry.
(2) Committee action shall require a two-thirds majority vote of the members in attendance at a duly constituted meeting. For the purpose of this section, a duly constituted meeting shall mean that a quorum consisting of a majority of the entire committee is in attendance.
(3) The committee shall meet as often as necessary at the call of its chair. The chair of the committee shall be appointed annually by the Chair of the Council. The chair of the committee shall rotate between signatory and non signatory representatives.
(4) The committee shall establish the state-wide minimum industry training criteria for the trade or craft for which it was established, the content of which shall encompass all the requirements of Section 212 of these regulations and the following topics in addition thereto: length of training, related classroom instruction, types of work processes and the skills to be learned, on-the-job training, competency testing, and apprenticeship program completion percentages. The criteria for the barbering, cosmetology, skin care and nail care trades shall be consistent with the standards for licensure in these trades required by the State Board of Barbering and Cosmetology.
(5) The committee shall formulate the state-wide minimum industry training criteria for the applicable trade or craft no later than twelve months from the date of its first meeting, unless extended by the Council. The Council shall endeavor to complete its review of the criteria by the second regularly scheduled meeting of the Council following the submission. If the Council does not approve the criteria, the submission shall be promptly returned to the committee with the Council's written reasons and a new deadline for resubmission to the Council.
(c) Every three years following the adoption of a particular set of state-wide minimum industry training criteria, the particular committee shall meet to review the criteria, and revise it, if necessary, subject to approval by the Council.
(d) Every apprenticeship program approved or proposed for approval under the Shelley-Maloney Act in a particular craft or trade for which state-wide minimum industry training criteria has been adopted shall conform to such criteria in its operations no later than one (1) year after adoption of such criteria by the Council.
1. New section filed 9-27-96; operative 10-27-96 (Register 96, No. 39).
2. Amendment of section heading and NOTE filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).
3. Amendment of section heading and section filed 6-19-2007; operative 7-19-2007 (Register 2007, No. 25).
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3073, 3073.2 and 3078, Labor Code.
