Chapter 5101:11-2 Administration

5101:11-2-01 Ohio State Apprenticeship Council.

(A) Authority. The authority to implement rules under division 5101:11 of the Administrative Code, affecting the registration of apprenticeship programs, and to recommend additions and/or changes to these rules, is vested in the Ohio state apprenticeship council, under sections 4139.01 to 4139.06 of the Revised Code.

(B) Purposes and functions. The purposes and functions of the Ohio state apprenticeship council are:

(1) To enforce the permanent requirements established by parts 29 and 30 of 29 C.F.R., and further established under division 5101:11 of the Administrative Code, regarding the registration and operation of apprenticeship programs;

(2) To establish and enforce administrative policies regarding registered apprenticeship programs, as warranted to address the needs of Ohio's businesses, labor, and communities;

(3) To award certificates of completion of apprenticeship;

(4) To resolve conflicts and complaints that arise between parties to a registered apprenticeship agreement, where such matters remain in dispute after being fully addressed by local entities charged with this function under the relevant program standards;

(5) To promote maximum effectiveness in registered programs by providing technical assistance to current sponsors and apprentices and encouraging information sharing among stakeholders in the registered apprenticeship system;

(6) To promote the establishment of registered apprenticeship programs, enrollment in such programs, and public awareness about the nature and benefits of registered apprenticeship;

(7) To collaborate with all other interested state and federal governmental agencies in the fulfillment of these functions.

(C) Powers and duties. The apprenticeship council shall review, and at its discretion approve, new and revised program standards, apprenticeship agreements, and changes in the status of apprentices; conduct regular compliance reviews of registered programs; and take such administrative actions as may be necessary to carry out the purposes and functions defined in paragraph (B) of this rule. The council shall determine the dates and places of its meetings and shall prescribe its own rules of procedure.

(D) Records of the council. The council shall keep adequate records concerning registration requirements, approved program standards, apprentice registration, deregistration actions, compliance reviews and investigations, and any other matters stipulated by the US department of labor, pertinent to programs' compliance with the requirements of division 5101:11 of the Administrative Code.

Effective: 06/06/2009
R.C. 119.032 review dates: 03/20/2009 and 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 10/8/71, 11/23/98, 3/22/04

5101:11-2-02 Procedure for notice of public meetings.

(A) As provided for in division (F) of section 121.22 of the Revised Code, the council shall give notice of all public meetings that it calls, whether special or regularly scheduled.

(B) Such notice shall be filed with the director of job and family services (ODJFS), stating the meeting time, place, and purpose. Any person may obtain that information by writing to the OSAC administrator.

(C) Any person may obtain advance notice of all public council meetings, or of council meetings where a specific type of public business is to be discussed, in return for paying a three-dollar annual fee and providing the OSAC administrator with a sufficient quantity of self-addressed stamped envelopes for the mailing of notices. Notice shall be mailed no later than seven calendar days before the pertinent meeting.

(D) At its request, a news organization shall receive notice of every public council meeting, with the following lead intervals: seven days for a meeting that is regularly scheduled, twenty-four hours for one that is specially called, and immediately upon arrangement of an emergency meeting.

Effective: 06/06/2009
R.C. 119.032 review dates: 03/20/2009 and 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 7/1/76, 11/23/98, 3/22/04

5101:11-2-03 Procedures for council registration of programs and apprentices.

(A) Program registration.

(1) An organization seeking program registration shall provide the council with copies of its proposed standards. The council shall register the program if such standards meet the requirements of division 5101:11 of the Administrative Code.

(2) The council shall record every program registration.

(3) Any modification or change to a registered program shall be promptly submitted to the council and, if approved, shall be acknowledged and recorded as an amendment to such program.

(4) Where the standards, a collective bargaining agreement, or other instrument provide for a union to participate in operating a program, the program's registration shall be subject to that union's agreement or lack of objection, which shall be communicated to the council in writing. Where a union is the collective bargaining agent of the employee(s) to be trained, but is not expected to participate in operating the program, the sponsor shall provide the union a copy of its registration application and of its program standards and shall allow sixty days for receipt of union comments, if any, before submitting the registration application to the council. In the standards, the sponsor shall attest that this provision has been observed and relay any comment(s) received in the process.

(B) Apprentice registration.

(1) Each apprentice must be registered by means of a separate apprenticeship agreement. The council shall register the apprentice if such apprenticeship agreement meets the requirements of division 5101:11 of the Administrative Code.

(2) The agreement shall contain a reference incorporating the program standards.

(3) The council must be promptly notified of the cancellation, suspension, or termination of any apprenticeship agreement, with cause for same.

Effective: 06/06/2009
R.C. 119.032 review dates: 03/20/2009 and 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 6/20/79, 11/23/98, 3/22/04