This rule does not depend on any complex analysis of data. Act 57 authorized and required the department to create this rule. The department has adequate revenue to administer this program during the current biennium under the general purpose revenue provided for fiscal years 2013-14 and 2014-15.
Analysis and supporting document used to determine effect on small business or in preparation of an economic impact analysis
This rule does not impose any new regulatory burdens on any business. The purpose of this rule is to reimburse eligible tuition costs to an apprentice, or to the sponsor of the apprentice, upon successful completion of the first year under the apprentice's contract or upon the full completion of the apprentice's contract.
Effect on small business
This rule does not place any requirements on small businesses but it may have a positive impact on small businesses that employ apprentices and incur tuition costs. Small businesses that incur tuition costs may be eligible for reimbursement of up to $1,000 per apprentice.
Agency contact person
Questions and comments related to this rule may be directed to:
Karen Morgan
Department of Workforce Development
Division of Employment and Training
P.O. Box 7972
Madison, WI 53708-7972
Telephone: (608) 266-3133
Public hearing
A public hearing on the proposed rule was held on May 15, 2014. There were no appearances and no comments on the proposed rule were filed.
Section 1. DWD 295.001 (4) (a) to (c) and (21) are amended to read:
DWD 295.001 (4) (a) The department has established that an individual is eligible for probationary employment as an apprentice under a registered apprenticeship program;.
(b) The department has established that an individual is eligible for probationary employment as an apprentice under a registered apprenticeship program;.
(c) The department has determined that an apprenticeship has successfully met the requirements to receive an interim credential; or.
(21) "Sponsor" means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is or will be registered or approved has the meaning given in s. 106.001 (8), Stats. Section 2. DWD 295.02 (2) (intro.), (b) (intro.), 15. (intro.) and a. and b. are amended to read:
DWD 295.02 (2) (intro.) To be eligible for approval and registration by the department, an apprenticeship program shall conform to all of the following standards:
(b) The program standards shall contain provisions that address all of the following:
15. (intro.) The transfer of an apprentice between apprenticeship programs and within an apprenticeship program shall be based on agreement between the apprentice and the affected local apprenticeship committees or program sponsors and the department, and shall comply with all of the following requirements:
a. The transferring apprentice shall be provided a transcript of related instruction and on-the-job learning by the committee or program sponsor;.
b. Transfer shall be to the same occupation; and.
Section 3. DWD 295.07 (3) (e) (intro.) and 1. are amended to read:
DWD 295.07 (3) (e) (intro.) A statement showing all of the following:
1.
The number of hours to be spent by the apprentice in work on the job in a time-based program; or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job learning component; or the minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of hybrid program; and. Section 4. DWD 295.15 (2) (intro.), and (a) to (c) are amended to read:
DWD 295.15 (2) (intro.) Occupational criteria. In order for a new occupation to be approved by the department as an apprenticeable occupation, the department shall find that the occupation includes all of the following:
(a)
Involves skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning;.(b)
Is clearly identified and commonly recognized throughout an industry;.(c)
Involves the progressive attainment of manual, mechanical, or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of at least 2,000 hours of on-the-job learning to attain; and. Section 5. DWD 295.20 (4) (c) (intro.), (5) (b) (intro.) and 1. to 4., and (c) (intro.) and 1. to 4. are amended to read:
DWD 295.20 (4) (c) (intro.) Timely objection. If the department receives an objection within the 20-day period provided in the notice of intent to cancel, all of the following provisions apply:
(5) (b) (intro.) Examples of violations of the apprentice contract which may be appropriate subject matter for a hearing on a complaint to the department under this chapter may include any of the following:
1. That the employer or other party to the apprentice contract has not provided to the apprentice the proper on-the-job learning as required in the apprentice contract;.
2. That the employer or other party to the apprentice contract has failed to provide to the apprentice the proper related instruction as required in the apprentice contract;.
3. That the employer or other party to the apprentice contract has assigned the apprentice to perform job duties which do not provide the proper on-the-job learning as required in the apprentice contract;.
4. That the employer or other party to the apprentice contract has failed to pay the wages as required in the apprentice contract;.
(c) (intro.) Examples of matters which are unrelated to the provisions of the apprentice contract which are not appropriate subjects for a hearing by the department under this chapter may include any of the following:
1. Employee absenteeism or tardiness at work or school;.
2. Employee use of drugs or alcohol on the job at work or school;.
3. Insubordination;.
4. Refusal to perform work as assigned; or.
Section 6. DWD 295.21 (2) (intro.) and (a), (5) (intro.), (a) and (b), and (7) (intro.), (a) to (c) are amended to read:
DWD 295.21 (2) (intro.) Deregistration at the request of the sponsor. The department may cancel the registration of an apprenticeship program by written acknowledgement of such request stating all of the following:
(a)
The registration is cancelled at the sponsor's request, and the effective date thereof;.(5) (intro.) Notice requirements. The notice sent to the program sponsor's contact person shall include all of the following:
(a) Be sent by registered or certified mail, with return receipt requested;.
(b) State the shortcomings and the remedy required; and.
(7) (intro.) Notice of Deregistration. If the required correction is not effected within the allotted time, the department shall send a notice to the sponsor, by registered or certified mail, return receipt requested, stating all of the following:
(a) The notice is sent under this paragraph;.
(b) Certain deficiencies were called to the sponsor's attention, enumerating them and the remedial measures requested, with the dates of such occasions and letters, and that the sponsor has failed or refused to effect correction;.
Section 7. DWD 295.23 (1) (intro.), (a) and (b) are amended to read:
(1)
(intro.) Within 10 days of receipt of a request for a hearing, the department shall designate a hearing officer to preside over the hearing. The hearing officer shall give reasonable notice of such hearing by registered mail, return receipt requested, to the appropriate sponsor. The notice shall include all of the following: (a)
A reasonable time and place of hearing;.(b)
A statement of the provisions of this chapter pursuant to which the hearing is to be held; and.Section 8. DWD 295.25 is created to read:
DWD 295.25 Apprenticeship completion award program. (1) Definitions. In this section:
(a)
"Sponsor" has the meaning given under s. 106.001 (8), Stats. "Sponsor" does not include a state agency or local governmental unit. (b)
"Tuition costs" has the meaning given under s. 106.05 (1) (b), Stats. Note: Examples of costs which are not "tuition costs" include student fees charged for use of a health center, parking fees, or late fees.
Note: Section 106.001 (8), Stats., defines "sponsor" as follows: "Sponsor" means any employer, organization of employees, association of employers, committee, or other person operating an apprenticeship program and in whose name the apprenticeship program is approved by the department.
Note: Section 106.05 (1) (b), Stats., defines "tuition costs" as follows: "Tuition costs" means any fee that is charged for an apprentice to participate in related instruction under s. 106.01 (6), Stats.
