Home Table of Contents

§ 11-405. Duties of Council

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2022

West's Annotated Code of Maryland
Labor and Employment
Title 11. Division of Employment and Training (Refs & Annos)
Subtitle 4. Planned Apprenticeship Standards and Activities (Refs & Annos)
Effective: October 1, 2022
MD Code, Labor and Employment, § 11-405
§ 11-405. Duties of Council
Currentness
In general
(a) The duties of the Council shall be to:
(1) advise the Division of Workforce Development and Adult Learning on the apprenticeability of occupations in the State of Maryland;
(2) encourage the establishment of local apprenticeship committees where the committees are needed;
(3) make recommendations regarding the formulation and adoption of standards of apprenticeship which safeguard the welfare of apprentices, being guided, but not controlled, by the standards of apprenticeship recommended by the federal committee on apprenticeship;
(4) make recommendations regarding the formulation of policies for the overall apprenticeship program;
(5) make recommendations regarding the registration of standards of apprenticeship of the groups or employers that elect to conform with the provisions of this subtitle;
(6) make recommendations regarding the registration of apprenticeship agreements which conform to the standards of apprenticeship adopted by the Division of Workforce Development and Adult Learning;
(7) recommend the issuance of certificates of completion of apprenticeship to apprentices who are registered with the Division of Workforce Development and Adult Learning when the Division determines that such apprentices have completed successfully their apprenticeship;
(8) seek all information pertaining to apprenticeship training in the State;
(9) prescribe its rules of procedure and duties of the Chairman, Director, and Secretary subject to the provisions of this law; and
(10) perform other advisory functions as the Governor or the Secretary may direct or as may come within the scope of the Council.
Approval of apprenticeship programs
(b)(1) No person, firm, or corporation may offer, establish, maintain, or operate an apprenticeship program for any occupation approved by the Division of Workforce Development and Adult Learning as an apprenticeable occupation for which tuition, charges, or fees are charged to or are payable by an enrollee or student, or which is financed in whole or in part by State funds, unless the program is first approved by the Division of Workforce Development and Adult Learning.
(2)(i) The Division of Workforce Development and Adult Learning shall issue a certificate of approval to an applicant operating or proposing to operate the program if the Division of Workforce Development and Adult Learning is satisfied that the conditions of entrance, the qualifications of the administrators and instructors, the content of the program, the facilities, and the financial aspects of the program are adequate and appropriate for the purpose of the program.
(ii) If the Division of Workforce Development and Adult Learning does not issue a certificate of approval to an applicant operating or proposing to operate a program, any person, firm, or corporation whose application is rejected has a right to judicial review under Title 10, Subtitle 2 of the State Government Article.
(3)(i) The Division of Workforce Development and Adult Learning, after notice and hearing, may deregister a program or course if it finds that the program or course has ceased to meet the conditions of approval.
(ii) Any person, association, committee, or organization that operates an apprenticeship program that is deregistered by the Division of Workforce Development and Adult Learning may request a hearing before the United States Department of Labor.
(4) After consulting the Council, the Division of Workforce Development and Adult Learning, after notice and hearing, may adopt rules and regulations for the implementation of this section, including rules and regulations requiring the furnishing of periodic relevant information about approved and proposed programs and the operator or proposed operator of the approved or proposed programs.
(5) Any person, firm, or corporation that knowingly offers, establishes, maintains, or operates a program in violation of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 or be imprisoned for not more than one year, or both.
(6) If recommended by the Council, the Division of Workforce Development and Adult Learning may apply to any court of competent jurisdiction for an injunction restraining violations of this section.
Reciprocity agreements
(c)(1) Except as provided in paragraph (2) of this subsection, the Division of Workforce Development and Adult Learning shall accord reciprocal approval to apprentices, apprenticeship programs, and standards that are registered in other states by the United States Department of Labor's Office of Apprenticeship or a registration agency, if reciprocity is requested by the apprenticeship program sponsor.
(2) The Division of Workforce Development and Adult Learning may not accord reciprocal approval to a program sponsor that does not meet the wage and hour requirements and apprentice ratio standards of the reciprocal state.
Annual report
(d)(1) On or before June 30 of each year, the Division of Workforce Development and Adult Learning shall report to the General Assembly, in accordance with § 2-1257 of the State Government Article, the following information for the immediately preceding calendar year:
(i) the completion and enrollment rates of each apprenticeship program registered in the State; and
(ii) the age, race, sex or gender identity, county of residence, and program enrollment of each individual enrolled in a registered apprenticeship program.
(2) The Division of Workforce Development and Adult Learning shall:
(i) sort the information required under paragraph (1) of this subsection by apprenticeship program; and
(ii) publish the report required under paragraph (1) of this subsection on the Division of Workforce Development and Adult Learning's Web site.

Credits

Added as Art. 83A, § 3-405, by Acts 1983, c. 64. Amended by Acts 1984, c. 255; Acts 1986, c. 5, § 4; Acts 1987, c. 11, § 2; Acts 1987, c. 311, § 1; Acts 1987, c. 706; Acts 1988, c. 6, § 8; Acts 1992, c. 230; Acts 1992, c. 245. Transferred to Labor and Employment § 11-405 and amended by Acts 1995, c. 120, §§ 2, 5, eff. July 1, 1995. Amended by Acts 2014, c. 120, § 1, eff. July 1, 2014; Acts 2015, c. 120, § 1, eff. July 1, 2015; Acts 2015, c. 140, § 1, eff. July 1, 2015; Acts 2016, c. 8, § 1, eff. March 14, 2016; Acts 2016, c. 343, § 1, eff. Oct. 1, 2016; Acts 2016, c. 495, § 1, eff. Oct. 1, 2016; Acts 2017, c. 257, § 1, eff. July 1, 2017; Acts 2019, c. 8, § 5; Acts 2022, c. 125, § 1, eff. Oct. 1, 2022.
MD Code, Labor and Employment, § 11-405, MD LABOR & EMPLY § 11-405
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document