Current through Register Vol. 6, March 25, 2022
(1) The
apprentice-to-journeyman ratio may not exceed two apprentices supervised by one
journeyman.
(2) An apprentice that
has completed 60 percent or more of the on-the-job training hours and 60
percent or more of the related instruction in an apprenticeship program is not
counted for purposes of the apprentice-to-journeyman ratio provided for in (1).
(3) The apprentice-to-journeyman
ratio applies to individual work sites as well as the entire firm or operation
of the registered apprenticeship sponsor.
(4) In order to prevent abuse of the
apprentice-to-journeyman ratio, the department will monitor the progress toward
completion of all apprentices who have reached the 60 percent completion
criteria provided for in (2).
(a) An
apprentice that does not, without good cause, maintain significant progress
towards completion of the apprenticeship will be suspended from the
apprenticeship program. Not maintaining significant progress, for the purpose
of this rule, means that the apprentice's number of hours of related
instruction and number of hours of experience are less than 90 percent of the
number of hours provided for in the apprenticeship standards, relative to the
amount of time the apprentice has been working. An apprentice that is notified
by the department of insufficient progress has 60 days in which to catch up to
the number of hours of related instruction and work experience before being
suspended.
(b) An apprenticeship
sponsor who fails, without good cause, to have at least a 60 percent rate of
apprentices that timely complete the apprenticeship will be subject to
restrictions on the sponsor indenturing new apprentices, and may be subject to
deregistration as an apprenticeship sponsor.
(c) As a general practice, the
apprentice-to-journeyman ratio may not ordinarily be more than one apprentice
to one journeyman, notwithstanding the provisions of (2). A ratio of more than
one-to-one may be allowed in the special case of a shop with a single working
master with no journeyman employees, or in the event of a separation from
employment by a journeyman employee that temporarily creates a more than
one-to-one ratio.
(d) An
apprentice who is aggrieved by a suspension, or a sponsor who is aggrieved by a
restriction or deregistration may request in writing a contested case within 30
days of the department's action of suspension, restriction, or
deregistration.
Mont. Admin. R.
24.21.1003
NEW, 2002 MAR p. 2453,
Eff. 9/13/02; AMD,
2015
MAR p. 374, Eff.
4/17/2015; AMD,
2015
MAR p. 754, Eff.
6/12/2015; AMD,
2021
MAR p. 1547, Eff.
11/6/2021; AMD,
2022
MAR p. 152, Eff.
1/29/2022
AUTH:
39-6-101,
MCA IMP:
39-6-102,
39-6-106,
MCA
This section was updated on
1/31/2022 by
overlay.
