Current through Register Vol. 18, September 20, 2024
(1) The department adopts and incorporates by
reference the following federal regulations for use in the operation of its
state apprenticeship and training program:
(a)
29
CFR section 29.3, eligibility and criteria
for registration of an apprenticeship program, as in effect on July 1,
2010;
(b)
29 CFR section
29.4, criteria for apprenticeable
occupations, as in effect on July 1, 2010;
(c)
29 CFR section
29.5, standards of apprenticeship, as in
effect on January 18, 2017;
(d)
29 CFR section
29.6, program performance standards, as in
effect on July 1, 2010;
(e)
29 CFR section
29.7, apprenticeship agreement, as in effect
on January 18, 2017;
(f)
29 CFR section
29.8, deregistration of a registered program,
as in effect on January 18, 2017;
(g)
29 CFR section
29.10, hearings for deregistration, as in
effect on July 1, 2010, except that the appellate provisions of
29 CFR section
29.10(c) will not apply to
the extent they are in conflict with the judicial review provisions of the
Montana Administrative Procedure Act (Title 2, chapter 4, part 7, MCA);
(h)
29
CFR section 29.11, limitations, as in effect
on July 1, 2010; and (i) 29 CFR part 30, equal employment opportunity in
apprenticeship and training, as in effect on July 1, 2010.
(i) 29 CFR part 30, equal employment
opportunity in apprenticeship and training, as in effect on January 18,
2017.
(2) The department
is not formally adopting by reference the various other portions of 29 CFR part
29 because those portions either address matters related to the internal
operations of government or are otherwise addressed by the administrative rules
contained in this subchapter. As an example, the provisions of 29 CFR section
12, regarding complaint procedures, are addressed in ARM
24.21.416,
and more generally under the Montana Administrative Procedure Act. Likewise,
while the department is subject to
29 CFR section
29.13 for purposes of its recognition as the
state apprenticeship agency, those provisions are by their terms not applicable
to sponsors, employers, apprentices, or the public at large.
(3) Copies of the regulations incorporated by
reference are available as follows:
(a) A
printed copy of the regulations incorporated by reference is available for
inspection and purchase at cost from the department and the U.S. Government
printing office. The address for the department is listed in ARM
24.21.202.
The address of the U.S. Government printing office is: U.S. Government
Bookstore, 710 North Capitol Street N.W., Washington, D.C.
(b) An electronic copy of the regulations
incorporated by reference is available via the internet by following the links
at the following web sites:
(i)
http://apprenticeship.mt.gov/
(Montana Department of Labor and Industry web site); or
(ii)
https://www.ecfr.gov/cgi-bin/text-idx?SID=aa3a46a8d66797945403b9672a8ba62a&mc=true&tpl=/ecfrbrowse/Title29/
29cfr 29 _main_02.tpl (National Archives and Records Administration web
site).
AUTH:
2-4-201,
39-6-101,
MCA IMP:
2-4-201,
39-6-101,
MCA
