cfr_sections
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14 rows where part_number = 29 and title_number = 29 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 29:29:1.1.1.1.28.0.66.1 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.1 Purpose and scope. | DOL | [73 FR 64425, Oct. 29, 2008, as amended at 85 FR 14386, Mar. 11, 2020; 87 FR 58287, Sept. 26, 2022] | (a) The National Apprenticeship Act of 1937, section 1 (29 U.S.C. 50), authorizes and directs the Secretary of Labor “to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, and to cooperate with the Office of Education under the Department of Health, Education, and Welfare * * *.” Section 2 of the Act authorizes the Secretary of Labor to “publish information relating to existing and proposed labor standards of apprenticeship,” and to “appoint national advisory committees * * *.” (29 U.S.C. 50a). (b) The purpose of this part is to set forth labor standards to safeguard the welfare of apprentices, promote apprenticeship opportunity, and to extend the application of such standards by prescribing policies and procedures concerning the registration, for certain Federal purposes, of acceptable apprenticeship programs with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship. These labor standards, policies and procedures cover the registration, cancellation and deregistration of apprenticeship programs and of apprenticeship agreements; the recognition of a State agency as an authorized agency for registering apprenticeship programs for certain Federal purposes; and matters relating thereto. | |||||||
| 29:29:1.1.1.1.28.0.66.10 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.10 Hearings for deregistration. | DOL | [73 FR 64425, Oct. 29, 2008, as amended at 85 FR 13033, Mar. 6, 2020; 85 FR 14387, Mar. 11, 2020; 85 FR 30619, May 20, 2020; 86 FR 1783, Jan. 11, 2021; 87 FR 58287, Sept. 26, 2022] | (a) Within 10 days of receipt of a request for a hearing, the Administrator of the Office of Apprenticeship must contact the Department's Office of Administrative Law Judges to request the designation of an Administrative Law Judge to preside over the hearing. The Administrative Law Judge shall give reasonable notice of such hearing to the appropriate sponsor. Such notice will include: (1) A reasonable time and place of hearing; (2) A statement of the provisions of this part pursuant to which the hearing is to be held; and (3) A concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken. (b) The procedures contained in 29 CFR part 18 will apply to the disposition of the request for hearing except that: (1) The Administrative Law Judge will receive, and make part of the record, documentary evidence offered by any party and accepted at the hearing. Copies thereof will be made available by the party submitting the documentary evidence to any party to the hearing upon request. (2) Technical rules of evidence will not apply to hearings conducted pursuant to this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination will be applied, where reasonably necessary, by the Administrative Law Judge conducting the hearing. The Administrative Law Judge may exclude irrelevant, immaterial, or unduly repetitious evidence. (c) The Administrative Law Judge should issue a written decision within 90 days of the close of the hearing record. The Administrative Law Judge's decision constitutes final agency action unless, within 15 days from receipt of the decision, a party dissatisfied with the decision files a petition for review with the Administrative Review Board in accordance with 29 CFR part 26, specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged is deemed to have been waived. A copy of the pet… | |||||||
| 29:29:1.1.1.1.28.0.66.11 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.11 Limitations. | DOL | [73 FR 64425, Oct. 29, 2008, as amended at 85 FR 14387, Mar. 11, 2020; 87 FR 58287, Sept. 26, 2022] | Nothing in this part or in any apprenticeship agreement will operate to invalidate: (a) Any apprenticeship provision in any collective bargaining agreement between employers and employees establishing higher apprenticeship standards; or (b) Any special provision for veterans, minority persons, or women in the standards, apprentice qualifications or operation of the program, or in the apprenticeship agreement, which is not otherwise prohibited by law, Executive Order, or authorized regulation. | |||||||
| 29:29:1.1.1.1.28.0.66.12 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.12 Complaints. | DOL | (a) This section is not applicable to any complaint concerning discrimination or other equal opportunity matters; all such complaints must be submitted, processed and resolved in accordance with applicable provisions in 29 CFR part 30, or applicable provisions of a State Plan for Equal Employment Opportunity in Apprenticeship adopted pursuant to 29 CFR part 30 and approved by the Department. (b) Except for matters described in paragraph (a) of this section, any controversy or difference arising under an apprenticeship agreement which cannot be adjusted locally and which is not covered by a collective bargaining agreement, may be submitted by an apprentice, or the apprentice's authorized representative, to the appropriate Registration Authority, either Federal or State, which has registered and/or approved the program in which the apprentice is enrolled, for review. Matters covered by a collective bargaining agreement are not subject to such review. (c) The complaint must be in writing and signed by the complainant, or authorized representative, and must be submitted within 60 days of the final local decision. It must set forth the specific matter(s) complained of, together with relevant facts and circumstances. Copies of pertinent documents and correspondence must accompany the complaint. (d) The Office of Apprenticeship or recognized State Apprenticeship Agency, as appropriate, will render an opinion within 90 days after receipt of the complaint, based upon such investigation of the matters submitted as may be found necessary, and the record before it. During the 90-day period, the Office of Apprenticeship or recognized State Apprenticeship Agency will make reasonable efforts to effect a satisfactory resolution between the parties involved. If so resolved, the parties will be notified that the case is closed. Where an opinion is rendered, copies will be sent to all interested parties. (e) Nothing in this section precludes an apprentice from pursuing any other remedy authorized under another Federal, State, o… | ||||||||
| 29:29:1.1.1.1.28.0.66.13 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.13 Recognition of State Apprenticeship Agencies. | DOL | [73 FR 64425, Oct. 29, 2008, as amended at 85 FR 13033, Mar. 6, 2020; 85 FR 14387, Mar. 11, 2020; 85 FR 30619, May 20, 2020; 86 FR 1784, Jan. 11, 2021; 87 FR 58287, Sept. 26, 2022] | (a) Recognition. The Department may exercise its authority to grant recognition to a State Apprenticeship Agency. Recognition confers non-exclusive authority to determine whether an apprenticeship program conforms to the published standards and whether the program is, therefore, eligible for those Federal purposes which require such a determination by the Department. Such recognition shall be accorded upon the State's submission of, the Department's approval of, and the State's compliance with the following: (1) The State Apprenticeship Agency must submit a State apprenticeship law, whether instituted through statute, Executive Order, regulation, or other means, that conforms to the requirements of this part and 29 CFR part 30; (2) The State Apprenticeship Agency must establish and continue to use a State Apprenticeship Council, which operates under the direction of the State Apprenticeship Agency. The State Apprenticeship Council may be either regulatory or advisory and must meet the following requirements: (i) It must be composed of persons familiar with apprenticeable occupations, and (ii) It must include an equal number of representatives of employer and of employee organizations and include public members who shall not number in excess of the number named to represent either employer or employee organizations; (3) The State Apprenticeship Agency must submit a State Plan for Equal Employment Opportunity in Apprenticeship that conforms to the requirements published in 29 CFR part 30; (4) The State Apprenticeship Agency's submission must include a description of the basic standards, criteria, and requirements for program registration and/or approval, and demonstrate linkages and coordination with the State's economic development strategies and publicly-funded workforce investment system; and (5) The State Apprenticeship Agency's submission must include a description of policies and operating procedures which depart from or impose requirements in addition to those prescribed in this part. (b) Basic re… | |||||||
| 29:29:1.1.1.1.28.0.66.14 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.14 Derecognition of State Apprenticeship Agencies. | DOL | [73 FR 64425, Oct. 29, 2008, as amended at 81 FR 92108, Dec. 19, 2016; 85 FR 13033, Mar. 6, 2020; 85 FR 14388, Mar. 11, 2020; 85 FR 30619, May 20, 2020; 87 FR 58287, Sept. 26, 2022] | The recognition for Federal purposes of a State Apprenticeship Agency may be withdrawn for the failure to fulfill, or operate in conformity with, the requirements of this part and 29 CFR part 30. Derecognition proceedings for reasonable cause will be instituted in accordance with the following: (a) Derecognition proceedings for failure to adopt or properly enforce a State Plan for Equal Employment Opportunity in Apprenticeship must be processed in accordance with the procedures prescribed in this part. (b) For causes other than those under paragraph (a) of this section, the Office of Apprenticeship must notify the respondent and appropriate State sponsors in writing, by certified mail, with return receipt requested. The notice must set forth the following: (1) That reasonable cause exists to believe that the respondent has failed to fulfill or operate in conformity with the requirements of this part; (2) The specific areas of nonconformity; (3) The needed remedial measures; and (4) That the Office of Apprenticeship proposes to withdraw recognition for Federal purposes unless corrective action is taken, or a hearing request mailed, within 30 days of the receipt of the notice. (c) If, within the 30-day period, the State Apprenticeship Agency: (1) Acknowledges that the State is out of conformity, specifies its proposed remedial action and commits itself to remedying the identified deficiencies, the Office of Apprenticeship will suspend the derecognition process to allow a reasonable period of time for the State Apprenticeship Agency to implement its corrective action plan. (i) If the Office of Apprenticeship determines that the State's corrective action has addressed the identified concerns, the Office of Apprenticeship must so notify the State and the derecognition proceedings shall be terminated. (ii) If the Office of Apprenticeship determines that the State has not addressed or failed to remedy the identified concerns, the Administrator must notify the State, in writing, of its failure, specifying the r… | |||||||
| 29:29:1.1.1.1.28.0.66.2 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.2 Definitions. | DOL | [73 FR 64425, Oct. 29, 2008, as amended at 85 FR 14387, Mar. 11, 2020; 87 FR 58287, Sept. 26, 2022] | For the purpose of this part: Administrator means the Administrator of the Office of Apprenticeship, or any person specifically designated by the Administrator. Apprentice means a worker at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation as provided in § 29.4 under standards of apprenticeship fulfilling the requirements of § 29.5. Apprenticeship agreement means a written agreement, complying with § 29.7, between an apprentice and either the apprentice's program sponsor, or an apprenticeship committee acting as agent for the program sponsor(s), which contains the terms and conditions of the employment and training of the apprentice. Apprenticeship committee (Committee) means those persons designated by the sponsor to administer the program. A committee may be either joint or non-joint, as follows: (1) A joint committee is composed of an equal number of representatives of the employer(s) and of the employees represented by a bona fide collective bargaining agent(s). (2) A non-joint committee, which may also be known as a unilateral or group non-joint (which may include employees) committee, has employer representatives but does not have a bona fide collective bargaining agent as a participant. Apprenticeship program means a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, as required under this part and 29 CFR part 30, including such matters as the requirement for a written apprenticeship agreement. Cancellation means the termination of the registration or approval status of a program at the request of the sponsor, or termination of an Apprenticeship Agreement at the request of the apprentice. Certification or certificate means documentary evidence that: (1) The Office of Apprenticeship has approved a set of National Guidelines for Apprenticeship Standards developed by a national committee or organization, joint or unilater… | |||||||
| 29:29:1.1.1.1.28.0.66.3 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.3 Eligibility and procedure for registration of an apprenticeship program. | DOL | [73 FR 64425, Oct. 29, 2008, as amended at 85 FR 14387, Mar. 11, 2020; 87 FR 58287, Sept. 26, 2022] | (a) Eligibility for registration of an apprenticeship program for various Federal purposes is conditioned upon a program's conformity with the apprenticeship program standards published in this part. For a program to be determined by the Secretary as being in conformity with these published standards, the program must apply for registration and be registered with the Office of Apprenticeship or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. The determination by the Secretary that the program meets the apprenticeship program standards is effectuated only through such registration. (b) Only an apprenticeship program or agreement that meets the following criteria is eligible for Office of Apprenticeship or State Apprenticeship Agency registration: (1) It is in conformity with the requirements of this part and the training is in an apprenticeable occupation having the characteristics set forth in § 29.4; and (2) It is in conformity with the requirements of the Department's regulation on Equal Employment Opportunity in Apprenticeship and Training in 29 CFR part 30, as amended. (c) Except as provided under paragraph (d) of this section, apprentices must be individually registered under a registered program. Such individual registration may be affected: (1) By filing copies of each individual apprenticeship agreement with the Registration Agency; or (2) Subject to prior Office of Apprenticeship or recognized State Apprenticeship Agency approval, by filing a master copy of such agreement followed by a listing of the name, and other required data, of each individual when apprenticed. (d) The names of persons in probationary employment as an apprentice under an apprenticeship program registered by the Office of Apprenticeship or a recognized State Apprenticeship Agency, if not individually registered under such program, must be submitted within 45 days of employment to the Office of Apprenticeship or State Apprenticeship Agency for certification to establish the apprentice as eligible… | |||||||
| 29:29:1.1.1.1.28.0.66.4 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.4 Criteria for apprenticeable occupations. | DOL | An apprenticeable occupation is one which is specified by industry and which must: (a) Involve skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning; (b) Be clearly identified and commonly recognized throughout an industry; (c) Involve 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 (d) Require related instruction to supplement the on-the-job learning. | ||||||||
| 29:29:1.1.1.1.28.0.66.5 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.5 Standards of apprenticeship. | DOL | [73 FR 64425, Oct. 29, 2008, as amended at 81 FR 92107, Dec. 19, 2016] | An apprenticeship program, to be eligible for approval and registration by a Registration Agency, must conform to the following standards: (a) The program must have an organized, written plan (program standards) embodying the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation, as defined in this part, and subscribed to by a sponsor who has undertaken to carry out the apprentice training program. (b) The program standards must contain provisions that address: (1) The employment and training of the apprentice in a skilled occupation. (2) The term of apprenticeship, which for an individual apprentice may be measured either through the completion of the industry standard for on-the-job learning (at least 2,000 hours) (time-based approach), the attainment of competency (competency-based approach), or a blend of the time-based and competency-based approaches (hybrid approach). (i) The time-based approach measures skill acquisition through the individual apprentice's completion of at least 2,000 hours of on-the-job learning as described in a work process schedule. (ii) The competency-based approach measures skill acquisition through the individual apprentice's successful demonstration of acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job learning component of Registered Apprenticeship. The program standards must address how on-the-job learning will be integrated into the program, describe competencies, and identify an appropriate means of testing and evaluation for such competencies. (iii) The hybrid approach measures the individual apprentice's skill acquisition through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule. (iv) The determination of the appropriate approach for the program standards is made by the program sponsor, su… | |||||||
| 29:29:1.1.1.1.28.0.66.6 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.6 Program performance standards. | DOL | [73 FR 64425, Oct. 29, 2008, as amended at 85 FR 14387, Mar. 11, 2020; 87 FR 58287, Sept. 26, 2022] | (a) Every registered apprenticeship program must have at least one registered apprentice, except for the following specified periods of time, which may not exceed 1 year: (1) Between the date when a program is registered and the date of registration for its first apprentice(s); or (2) Between the date that a program graduates an apprentice and the date of registration for the next apprentice(s) in the program. (b) Registration Agencies must evaluate performance of registered apprenticeship programs. (1) The tools and factors to be used must include, but are not limited to: (i) Quality assurance assessments; (ii) Equal Employment Opportunity (EEO) Compliance Reviews; and (iii) Completion rates. (2) Any additional tools and factors used by the Registration Agency in evaluating program performance must adhere to the goals and policies of the Department articulated in this part and in guidance issued by the Office of Apprenticeship. (c) In order to evaluate completion rates, the Registration Agency must review a program's completion rates in comparison to the national average for completion rates. Based on the review, the Registration Agency must provide technical assistance to programs with completion rates lower than the national average. (d) Cancellation of apprenticeship agreements during the probationary period will not have an adverse impact on a sponsor's completion rate. | |||||||
| 29:29:1.1.1.1.28.0.66.7 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.7 Apprenticeship agreement. | DOL | [73 FR 64425, Oct. 29, 2008, as amended at 81 FR 92107, Dec. 19, 2016] | The apprenticeship agreement must contain, explicitly or by reference: (a) Names and signatures of the contracting parties (apprentice, and the program sponsor or employer), and the signature of a parent or guardian if the apprentice is a minor. (b) The date of birth and, on a voluntary basis, Social Security number of the apprentice. (c) Contact information of the Program Sponsor and Registration Agency. (d) A statement of the occupation in which the apprentice is to be trained, and the beginning date and term (duration) of apprenticeship. (e) A statement showing: (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 (2) The number of hours to be spent in related instruction in technical subjects related to the occupation, which is recommended to be not less than 144 hours per year. (f) A statement setting forth a schedule of the work processes in the occupation or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process. (g) A statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated. (h) Statements providing: (1) For a specific period of probation during which the apprenticeship agreement may be cancelled by either party to the agreement upon written notice to the registration agency, without adverse impact on the sponsor. (2) That, after the probationary period, the agreement may be: (i) Cancelled at the request of the apprentice, or (ii) Suspended or cancelled by the sponsor, for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and to the Regist… | |||||||
| 29:29:1.1.1.1.28.0.66.8 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.8 Deregistration of a registered program. | DOL | [73 FR 64425, Oct. 29, 2008, as amended at 81 FR 92108, Dec. 19, 2016] | Deregistration of a program may be effected upon the voluntary action of the sponsor by submitting a request for cancellation of the registration in accordance with paragraph (a) of this section, or upon reasonable cause, by the Registration Agency instituting formal deregistration proceedings in accordance with paragraph (b) of this section. (a) Deregistration at the request of the sponsor. The Registration Agency may cancel the registration of an apprenticeship program by written acknowledgment of such request stating the following: (1) The registration is cancelled at the sponsor's request, and the effective date thereof; (2) That, within 15 days of the date of the acknowledgment, the sponsor will notify all apprentices of such cancellation and the effective date; that such cancellation automatically deprives the apprentice of individual registration; that the deregistration of the program removes the apprentice from coverage for Federal purposes which require the Secretary of Labor's approval of an apprenticeship program, and that all apprentices are referred to the Registration Agency for information about potential transfer to other registered apprenticeship programs. (b) Deregistration by the registration agency upon reasonable cause. (1)(i) Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, or administered in accordance with the program's registered provisions or with the requirements of this part, including but not limited to: failure to provide on-the-job learning; failure to provide related instruction; failure to pay the apprentice a progressively increasing schedule of wages consistent with the apprentices skills acquired; or persistent and significant failure to perform successfully. (ii) For purposes of this section, persistent and significant failure to perform successfully occurs when a program sponsor consistently fails to register at least one apprentice, shows a pattern of poor quality assessment results over a period of several ye… | |||||||
| 29:29:1.1.1.1.28.0.66.9 | 29 | Labor | 29 | PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS | § 29.9 Reinstatement of program registration. | DOL | Any apprenticeship program deregistered under § 29.8 may be reinstated upon presentation of adequate evidence that the apprenticeship program is operating in accordance with this part. Such evidence must be presented to the Registration Agency. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);