Vermont § 1115 - Program registration and operation

§ 1115. Program registration and operation

• (a) Application. (1) A sponsor may apply with the Vermont Registered Apprenticeship Program for review
  and approval of a request to register a local apprentice training program within the
  State. (2) A local apprentice training program is registered upon its acceptance and recording
  by the Vermont Registered Apprenticeship Program as meeting the basic standards and
  requirements for approval of such a program and in compliance with rules established
  by the Commissioner. (b) Eligibility for registration of an apprenticeship program. (1) To be eligible for registration an employer or sponsor must: (A) be registered as a business in “active” status with the Secretary of State’s Office
  and the business name and address must match that of the business requesting to be
  registered as a program; (B) be current and in good standing with the Department of Taxes; (C) be current and in good standing with the Department of Labor’s Unemployment Insurance
  program; (D) be compliant with the Department of Labor’s Workers’ Compensation program; and (E) meet any occupation specific requirements as established by the Vermont Registered
  Apprenticeship Program for specific occupations. (2) Employers or sponsors found not to meet the requirements of subsection (b) of this
  section shall be given notice and allowed 30 business days to resolve any outstanding
  issue before action is taken on the registration request. (3) An employer that seeks to register using National Program Standards (NPS) or National
  Guideline Standards (NGS) shall meet the requirements of this section. (c) Procedure for registering an apprenticeship program. (1) An employer or sponsor’s request to register an apprenticeship program shall be submitted
  to the Director using the form and submission method published on the Department’s
  website. (2) Incomplete submissions shall not be considered. (3) A complete request shall include: (A) written and complete standards of apprenticeship, including minimum qualifications; (B) a work process schedule for each occupation; (C) related technical instruction outline for each occupation; (D) selection procedures, including procedures for advanced standing; and (E) a wage schedule for each occupation. (4) An employer or program sponsor shall identify any proprietary information or processes
  within the registration request. Proprietary information obtained from an employer
  or program sponsor in the administration of this chapter shall be held confidential
  and shall not be disclosed or open to public inspection without the written authorization
  of the employer or program sponsor. (d) Review; provisional and permanent approval. (1) The Vermont Registered Apprenticeship Program shall review all requests to register
  an apprenticeship program for initial conformity with requirements established in
  29 C.F.R. § 29.3, 29 C.F.R. Part 30, this chapter, and with any additional requirements established by the Vermont Registered
  Apprenticeship Program. (2) An apprenticeship program that meets the standards for registration shall be given
  provisional registration for a period of one year. (3) An initial provisional registration certificate shall be issued by the Director. (4) The Vermont Registered Apprenticeship Program shall review an apprenticeship program
  for quality and conformity with the requirements of this chapter at the end of the
  first year after registration. (5) An apprenticeship program that conforms to the requirements may have its registration
  made permanent or may continue to be provisionally registered until the end of its
  first training cycle or until enough information regarding compliant operation can
  be made available. (6) When an apprenticeship program has completed its provisional review period and is
  found to be compliant, the Director shall issue a certificate of permanent registration. (e) Ongoing review. (1) The Department shall conduct subsequent reviews of every registered apprenticeship
  program every five years. (2) If it is found that an apprenticeship program is not in operation or does not conform
  to the requirements of this chapter, the Department shall deregister that program
  in accordance with section 1120, deregistration, of this title. (f) Union participation. (1) An apprenticeship program may be proposed for registration by an employer, group of
  employers, or an industry association. (2) If a standard or a collective bargaining agreement or other instrument exists for
  one or more of the employers or an industry association, that provides for participation
  by a union and concerns any aspect of the operation of the substantive matters of
  an apprenticeship program, a written acknowledgment by the union about the terms of
  the proposed program and any objections it may have shall accompany the program registration
  request. (g) Certificate. If the Vermont Registered Apprenticeship Program approves an apprenticeship program,
  it shall register that apprenticeship program and issue a sponsor approval certificate
  indicating the approval status as provisional or permanent and may include an expiration
  date or similar notice that communicates the relationship with the program review
  cycle. (h) National programs. (1) Organizations with a national or multistate footprint wishing to adopt and implement
  National Guideline Standard programs within the State shall notify the Director within
  45 business days of the planned start date of the apprenticeship program. (2) National Program Standard holders who wish to afford Vermont residents the opportunity
  to apprentice in a NPS program shall notify the Director within 45 business days and
  shall follow other minimal requirements as may be required by the Vermont Registered
  Apprenticeship Program for reciprocal approval. (i) Program operation. (1) Probationary employment. A sponsor shall submit the name of a person in a period of probationary employment
  as an apprentice under an apprenticeship program within 45 days after the start of
  employment to the Vermont Registered Apprenticeship Program to establish the apprentice
  in probationary status. (2) Changes in status. A sponsor shall notify the Vermont Registered Apprenticeship Program, using methods
  and procedures approved by the Director, within 45 business days after a registered
  apprentice: (A) successfully completes an apprenticeship program; (B) transfers to other programs with the same sponsor or to other sponsors; (C) is suspended; (D) is canceled; or (E) is reinstated. (3) Program changes. (A) A sponsor shall not make a change to an apprenticeship program unless the change is
  approved by the Vermont Registered Apprenticeship Program. (B) To make a change to an apprenticeship program, a sponsor shall submit a request to
  the Vermont Registered Apprenticeship Program. (C) The Director shall approve or deny the requested change within 90 business days from
  receipt of the request. (D) If approved, the change will be recorded and acknowledged by the Vermont Registered
  Apprenticeship Program within 90 business days. (E) If denied, the Vermont Registered Apprenticeship Program shall notify the sponsor
  of the disapproval and the reason for the disapproval and provide the appropriate
  technical assistance. (Added 2023, No. 55, § 1, eff. July 1, 2023; amended 2023, No. 85 (Adj. Sess.), § 162, eff. July 1, 2024.)