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Section 28-45-3 Powers and duties.

RI Gen L § 28-45-3 (2019) (N/A)
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§ 28-45-3. Powers and duties. (a) The department of labor and training is the agency with responsibility and accountability for apprenticeship within Rhode Island for federal purposes. The council shall be a regulatory council and part of the department of labor and training. The council shall promulgate regulations consistent with 29 C.F.R. 29 and 30 at the direction of the director of the department of labor and training and shall provide advice and guidance to the director of the department of labor and training on the operation of the Rhode Island apprenticeship program. Enforcement of apprenticeship rules and regulations shall be the duty of the director of the department of labor and training. In addition, the council shall:

(1) Adopt rules and regulations to insure equality of opportunity in apprenticeship programs pursuant to the Rhode Island state plan for equal opportunity in apprenticeship;

(2) Establish trade, craft, manufacturing, or industrial standards for apprenticeship or training agreements in cooperation with a joint employer and employee groups in conformity with 29 C.F.R. § 29.5;

(3) Establish program performance standards in conformity with 29 C.F.R. § 29.6;

(4) Hold at least four (4) regular public meetings each year; any additional meetings considered necessary shall be held at the call of the chairperson, or at the written request of a majority of the members of the council;

(5) Formulate and publish rules of procedure for the function of local, regional, and state joint apprenticeship committees and for the filling of vacancies on those committees;

(6) Adopt rules and regulations concerning the following:

(i) The contents of apprenticeship agreements in conformity with 29 C.F.R. § 29.7;

(ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. § 29.4;

(iii) Reciprocal approval for federal purposes to apprentices, apprenticeship programs and standards that are registered in other states by the U.S. department of labor or another state apprenticeship program recognized by the U.S. department of labor if such reciprocity is requested by the apprenticeship program sponsor;

(iv) The cancellation and/or deregistration of programs, and for temporary suspension, cancellation, and/or deregistration of apprenticeship agreements as provided in 29 C.F.R. §§ 29.8 and 29.9;

(v) The standards of apprenticeship, program performance standards, apprenticeship agreements, deregistration of registered apprenticeship programs, reinstatement of apprenticeship programs, and reciprocal approval of apprentices from other states.

(b) The department of labor and training in accord with its regulations and this chapter shall:

(1) Encourage the promotion, expansion, and improvement of programs of apprenticeship training and pre-apprenticeship and the making of apprenticeship agreements;

(2) Bring about the settlement of differences arising out of an apprenticeship agreement when those differences cannot be adjusted locally or in accordance with established trade procedure;

(3) Supervise the execution of agreements and maintenance of standards;

(4) Register or terminate or cancel the registration of apprenticeship programs and apprenticeship agreements;

(5) Issue certificates of completion of apprenticeship;

(6) Keep a record of apprenticeship programs and apprentice agreements and their disposition;

(7) Render any assistance and submit any information and data that may be requested by employers, employees, and joint apprenticeship committees engaged in the formulation and operation of programs of apprenticeship, particularly in regard to work schedules, wages, conditions of employment, apprenticeship records, and number of apprentices;

(8) Adopt rules and regulations to insure nondiscrimination in all phases of apprenticeship and employment during apprenticeship;

(9) Register trade, craft, manufacturing, or industrial standards for apprenticeship or training agreements in cooperation with joint employer and employee groups and in conformity with this chapter, or approve and register trade, craft, manufacturing, or industrial standards for agreements submitted which are in conformity with this chapter, and disapprove those standards or agreements submitted which are not in conformity with this chapter, to the extent deemed appropriate;

(10) Establish committees and approve nominations to existing committees which are submitted in conformity with this chapter;

(11) Terminate registration of committees for failure of the committee to abide by the provisions of this chapter; and

(12) Perform any other duties that are described and imposed by this chapter.

History of Section. (P.L. 1967, ch. 133, § 1; P.L. 1979, ch. 75, § 1; P.L. 2011, ch. 164, § 1; P.L. 2011, ch. 179, § 1; P.L. 2013, ch. 122, § 2; P.L. 2013, ch. 128, § 2.)

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Section 28-45-3 Powers and duties.