Chapter 2. California Apprenticeship Council
Subchapter 1. Apprenticeship
Article 2. Definitions

§206. Approval and Registration of Apprentice Agreements

(a) Agreements approved by Joint Apprenticeship Committee

(1) An apprentice agreement in an approved joint apprenticeship program shall be approved by the joint apprenticeship committee if the agreement complies with the apprenticeship program standards and Chapter 4 of Division 3 of the Labor Code and its implementing regulations under Title 8, California Code of Regulations, Section 200 et seq; and where there are adequate related and supplemental instruction and an assurance of employment to provide on-the-job training.

(2) After approval by the joint apprenticeship committee, the agreement shall be sent to DAS for registration within thirty (30) days of its execution by the apprentice. For programs in the building and construction trades industry, the agreement shall be submitted to DAS in an acceptable electronic format, and a signed original of the agreement shall be retained by the program for at least three years following the completion or cancellation of the agreement.

(3) DAS shall register the agreement if DAS determines that it was approved in accordance with the requirements set out above, under subsection (a)(1), and it was submitted to DAS within thirty (30) days of its execution by the apprentice.

(4) Within thirty (30) days of receipt of the agreement, DAS shall either register the agreement or return it to the program sponsor with the reasons for non-registration. If DAS registers the agreement, the registration shall be effective as of the date of its execution by the apprentice.

(b) Agreements approved by the Administrator

(1)(A) If there is no joint apprenticeship committee, the apprenticeship agreement shall be sent to DAS for approval by the Administrator within thirty (30) days of its execution. For programs in the building and construction trades industry, the agreement shall be submitted to DAS in an acceptable electronic format, and a signed original of the agreement shall be retained by the program for at least three years following the completion or cancellation of the agreement.

(B) The agreement shall be approved if the Administrator determines that it complies with the requirements set out above, under subsection (a)(1), and it was submitted to DAS within thirty (30) days of its execution by the apprentice.

(2) If approved, the agreement shall be considered registered as of the date of its execution by the apprentice. If the Administrator does not approve the agreement, it shall not be registered and shall be returned to the program sponsor within 30 days of the date of receipt with the reasons for non-approval.

Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3075.7, 3079 and 3080, Labor Code.

HISTORY

1. New section filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3). For prior history, see Register 85, No. 4.

2. Amendment of subsection (a)(2), redesignation and amendment of former subsection (b)(1) as subsections (b)(1)(A)-(B), amendment of subsection (b)(2) and amendment of Note filed 2-9-2021; operative 4-1-2021 (Register 2021, No. 7). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.