Oregon Administrative Code

839-011-0070 Apprenticeship and Training Committees — Definitions (1) “Division” means the Apprenticeship and Training Division of the Bureau. (2) “Employee” means any person employed or active in an applicable trade. (3) “Local Committee” means any registered joint or trades app…

839-011-0072 Apprenticeship and Training Committees — Formation (1) Any person or group interested in forming a local joint committee may give written notice to the Division. Local committees in building and construction trades occupations may only be approved as group programs s…

839-011-0073 Apprenticeship and Training Committees — Policies and Procedures (1) All local committees shall develop and administer operating policies and procedures to govern program operations as directed by the Council and administer such policies and procedures in a consisten…

839-011-0074 Apprenticeship and Training Committees — Member Selection (1) Committees shall consist of an equal number of principal employer and employee representatives. (a) Representatives of employers, or an employer organization representing the industry, shall submit nominat…

839-011-0078 Apprenticeship and Training Committees — Removal of Members (1) The Council will remove committee members only for inactivity, inadequate activity, or failure to abide by ORS Chapter 660, or the rules and policies of the Council, pursuant to ORS Chapter 660.120(2)(d)…

839-011-0082 Apprenticeship and Training Committees — Deregistration (1) The Council will deregister committees for inactivity, inadequate activity, or failure to abide by ORS Chapter 660 or the rules and policies of the Council pursuant to ORS Chapter 660.120(4)(d), or if the co…

839-011-0084 Apprenticeship and Training Committees — Approval of New Programs and Standards (1) Additional committees or standards in an area already served by an existing committee in the same trade, craft or occupation shall be established in the same manner as any other local…

839-011-0088 Apprenticeship and Training Committees — Registration of Apprenticeship Agreements (1) The Council delegates registration of apprenticeship agreements to the Division and recognizes an agreement as registered when: (a) It is on a form that has been approved pursuant …

839-011-0090 Apprenticeship and Training Committees — Causes for Disciplinary Action The Division in consultation with the Council has the authority to take disciplinary action against a committee for conduct or action, including but not limited to: (1) Inappropriate use of an ap…

839-011-0093 Apprenticeship and Training Committees — Disciplinary Procedure (1) The Council shall establish a disciplinary procedure, to be applied before any disciplinary action toward a committee, apprentice or training agent is taken, consisting of but not limited to: (a) A r…

839-011-0140 Apprenticeship and Training Committees — Approval and Dissolution (1) A local committee must submit new standards or revisions to previously approved standards, together with executed signature sheets and committee minutes to the Director at least 45 calendar days be…

839-011-0141 Apprenticeship and Training Committees — Minimum Guideline Standards The Council may approve minimum guideline standards for occupations it deems necessary. (1) At its discretion, or upon petition by two or more local committees directly affected by minimum guideline…

839-011-0142 Apprenticeship and Training Committees — Apprentice/Trainee Qualifications (1) The Council and the Division shall evaluate proposed qualification standards or selection methods pursuant to the criteria set forth in Title 29 CFR Part 30, the Equal Employment Opportuni…

839-011-0143 Apprenticeship and Training Committees — Ratio and Supervision (1) Registered apprentices shall only work for training agents registered to the same committee as the apprentice, unless the subject committees and employer have reached agreement on a plan that will enh…

839-011-0145 Apprenticeship and Training Committees — Compliance Reviews (1) All committees are subject to periodic reviews of program operation and affirmative action activities. (2) The Division shall develop and maintain a review schedule that identifies programs scheduled for…

839-011-0162 Apprenticeship and Training Committees — Employer Training Agents (1) The Division will register training agents upon receipt of committee minutes showing approval of specific employers as training agents and a fully executed training agent registration agreement for…

839-011-0170 Apprenticeship and Training Committees — Meetings, Minutes Submission and Processing (1) Meeting requirements: (a) Local committees shall hold at least two (2) physical meetings each year with a quorum of committee members in attendance to evaluate apprentices and co…

839-011-0175 Apprenticeship and Training Committees — Cancellation Notices All notices to appear for cancellation of apprenticeship agreements must be sent certified mail, return receipt, addressed to the apprentice and postmarked at least twenty-two (22) calendar days in advance…

839-011-0200 Apprenticeship and Training Committees — Equal Employment Opportunity in Apprenticeship The Oregon Plan Equal Employment Opportunity in Registered Apprenticeship Programs (the Plan), pursuant to 29 CFR Part 30, is adopted and incorporated by reference as if fully set…

839-011-0250 Apprenticeship and Training Committees — Agreements During Labor Disputes (1) Pursuant to the National Labor Relations Act and Title 29 CFR Parts 29.3(h) and 29.12(10), when a labor dispute exists with an employer or prospective employer in a single employer program,…

839-011-0260 Apprenticeship and Training Committees — Movement and Training of Apprentices within the Same Occupation (1) Registered apprentices who are transported to an area outside of the committee’s geographic jurisdiction may receive related training with the consultation an…

839-011-0265 Apprenticeship and Training Committees — Training in Work Processes (1) All apprentices must obtain work experience for at least 50% of the hours listed for each work process in the committee's approved standards. A committee unable to provide an apprentice with work…

839-011-0270 Apprenticeship and Training Committees — Administrative Cancellation or Completion of Apprenticeship Agreements (1) Whenever a local committee has insufficient members to conduct business, has not met at least once within a six-month period or has been dissolved by C…

839-011-0280 Apprenticeship and Training Committees — Electrical Apprentices (1) The Division shall issue electrical apprentice licenses to active apprentices or trainees registered to standards jointly approved by the Council and the Oregon Electrical and Elevator Board. Apprent…

839-011-0290 Apprenticeship and Training Committees — Plumber Apprentices (1) The Division shall issue plumbing apprentice licenses to active apprentices or trainees registered to standards approved by the Council. Apprentice license formats shall be jointly agreed to by the Divi…

839-011-0300 Apprenticeship and Training Committees — Effective Date of Actions All Council actions, other than rulemaking, unless otherwise specified by the Council, shall be effective on the first day of the month following the Council meeting at which such action is taken. Sta…

839-011-0310 Apprenticeship and Training Committees — Apprentice Rights (1) Upon registration the local committee shall provide each apprentice with the following information: (a) Apprenticeship Standards for the program in which the apprentice is registered; (b) Division approve…

839-011-0320 Apprenticeship and Training Committees — Required Appearance at Council Meetings (1) The Council shall require a committee member or designee other than Division or federal Office of Apprenticeship staff to be present at the appropriate subcommittee meeting when seek…

839-011-0334 Apprenticeship and Training Committees — Eligibility of Family and Current Employees (1) To the extent that the State Apprenticeship and Training Council determines that it would not result in an adverse impact on apprenticeship opportunities based on an individual's…

839-011-0335 Apprenticeship and Training Committees — Pre-Apprenticeship Programs (1) Pre-apprenticeship is a program designed to prepare under-represented, disadvantaged, low-skilled, or individuals from Priority Populations to enter and complete a registered apprenticeship prog…

839-011-0401 Youth Apprenticeship — Program Approval (1) Council approval of the youth program is required prior to implementation. (2) Youth apprenticeship committees and standards must meet the requirements outlined in these rules for adult apprenticeship programs. (3) Youth st…

839-011-0402 Youth Apprenticeship — Eligibility (1) Committees may register youth apprentices who otherwise would not meet the minimum entry level qualifications for age, high school completion or GED in adult standards for the occupation. (2) The provisions and requirements of O…

839-011-0403 Youth Apprenticeship — Selection The procedure to be utilized in selecting youth apprentices shall be outlined in the youth standards. (1) Youth apprentices will be selected from a list of eligible established by the school pursuant to ORS 344.745. (2) In order to pa…

839-011-0404 Youth Apprenticeship — Employer Training Agents (1) Youth apprenticeship committees shall develop a process for the purpose of approving training agents to participate in the program. (2) Employers must apply in writing to the appropriate committee requesting authori…

839-011-0405 Youth Apprenticeship — Supervision All youth apprentices shall be under direct line of sight supervision of a journey person while engaged in on-the-job training within hazardous occupations as defined by OAR 839-021-0104. Youth apprentices shall be under direct supe…

839-011-0406 Youth Apprenticeship — Ratio and Supervision (1) Committees shall adopt the same ratio of youth apprentices to journey persons as exists for adult apprenticeship programs, except that: (a) Youth apprentices shall not be included in the count as part of the adult appr…

839-011-0407 Youth Apprenticeship — Evaluation The committee must establish a policy and procedure addressing periodic evaluation of youth apprentices and recommending the granting of credit by the committee. The policy shall include the review of apprentice progress including pa…

839-011-0408 Youth Apprenticeship — Transfer of Youth Apprentices The committee, in consultation with the participating school, is responsible for the transfer of youth apprentices to other training agent(s) in the event a training agent is unable to fully comply with the apprent…

839-011-0501 Apprenticeship and Training Council Subpoenas — Purpose and Scope (1) ORS Chapter 660.120 authorizes the State Apprenticeship and Training Council to conduct investigations in all matters relating to the Council’s duties and functions as set forth in ORS Chapter 660.…

839-011-0505 Apprenticeship and Training Council Subpoenas — Definitions (1) “Council” means the State Apprenticeship and Training Council. (2) “Document” means any existing written, printed, typed, or recorded matter of any kind or nature, however produced or reproduced, includi…

839-011-0510 Apprenticeship and Training Council Subpoenas — Who and What May Be Subpoenaed The Council may issue subpoenas to persons to compel testimony and the production of documents or other things that are relevant to the Council’s lawful investigative purpose and reasonabl…

839-011-0515 Apprenticeship and Training Council Subpoenas — Circumstances under Which a Subpoena May be Issued (1) The Council may issue a subpoena ad testificandum to compel a person to testify under oath when: (a) The Council determines that the person is a material witness in…

839-011-0520 Apprenticeship and Training Council Subpoenas — Who May Issue Subpoenas The Council or the Council’s designees may issue subpoenas. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010…

839-011-0525 Apprenticeship and Training Council Subpoenas — Subpoena Duces Tecum (1) A subpoena duces tecum may be issued to any person who has custody, possession, or control of documents or other things named in the subpoena duces tecum when the conditions set out in OAR 839-0…

839-011-0530 Apprenticeship and Training Council Subpoenas — Subpoena Ad Testificandum (1) A subpoena ad testificandum may be issued to any person when the conditions set out in 839-011-0105(1) or 839-011-0515(2) have been met. (2) The subpoena ad testificandum must give the pers…

839-011-0535 Apprenticeship and Training Council Subpoenas — Method of Service (1) Except as noted in sections (2) and (3) of this rule, subpoenas must be served in person by delivering a copy to the witness personally and, at the same time, giving or offering to the witness the …

839-011-0540 Apprenticeship and Training Council Subpoenas — Fees All persons subpoenaed by the Council must be paid the mileage and per diem set out in ORS 44.415(2). Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. e…

839-011-0545 Apprenticeship and Training Council Subpoenas — Time and Manner of Objecting to Subpoenas (1) Any person served with an investigative subpoena may object to testifying or providing the documents or other things sought. Grounds for objections include: (a) The informat…

839-011-0550 Apprenticeship and Training Council Subpoenas — Response to Objections (1) The Council will respond in writing to any objections timely received under OAR 839-011-0545(2). (2) If the objection made is the time and expense involved in copying the documents sought, the…

839-011-0555 Apprenticeship and Training Council Subpoenas — Method of Taking Testimony (1) When a witness appears to give testimony in response to a subpoena ad testificandum, an oath or affirmation will be administered to the witness prior to his or her testimony. The oath or a…