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Session Laws, 1995
Volume 793, Page 3982   View pdf image
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S.B. 810

VETOES

(b)     (1) No person, firm, or corporation may offer, establish, maintain, or
operate an apprenticeship or on-the-job training program for any occupation recognized
as an apprenticeable occupation by the Council 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 Council.

(2)     The Council shall issue a certificate of approval to an applicant
operating or proposing to operate the program if it 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.

(3)     The Council, after notice and hearing, may suspend or revoke its
approval of a program or course if it finds that the program or course has ceased to meet
the conditions of approval.

(4)     Any person, firm, or corporation whose application for approval is
rejected or whose certificate of approval is suspended or revoked has a right of judicial
review as provided in the Administrative Procedure Act.

(5)     Except as otherwise provided in this section, the Council, after notice
and hearing, may adopt rules and regulations for the implementation of this section,
including, but not limited to, rules and regulations requiring the furnishing of periodic
relevant information about approved and proposed programs and the operator or
proposed operator thereof.

(6)     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.

(7)     The Council, in addition, shall apply to any court of competent
jurisdiction for an injunction restraining violations of this section.

(8)     (i) Except as provided in subparagraph (ii) of this paragraph, the
Council may not deny any otherwise qualified application where apprentices constitute a
number equal to or less than 25 percent of the total number of apprentices and
journeymen employed.

(ii) For the purpose of equal opportunity employment, the Council
may not deny any otherwise qualified application where apprentices constitute a number
equal to or less than 50 percent of the total number of apprentices and journeymen
employed.

(c)     The Council may negotiate and adopt agreements permitting reciprocity with
apprenticeship and training councils of another state, or the United States Department of
Labor, Bureau of Apprenticeship and Training.

11-406.

- 3982 -

 

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Session Laws, 1995
Volume 793, Page 3982   View pdf image
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