General Rules

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_011.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

BUREAU OF LABOR AND INDUSTRIES

 

DIVISION 11
APPRENTICESHIP AND TRAINING COUNCIL
General Rules

839-011-0000
Notice of Proposed Rule
Before the permanent adoption, amendment,
or repeal of any rule, the Oregon State Apprenticeship and Training Council (hereinafter,
Council) will give notice of the proposed adoption, amendment or repeal:
(1) In the Secretary of State's
Bulletin, referred to in ORS chapter 183.360 at least 21 calendar days before the
rule’s effective date.
(2) To persons on the Bureau
of Labor and Industries (hereinafter, Bureau) mailing and e-mail lists established
pursuant to ORS chapter 183.335(8) at least 28 calendar days before the rule’s
effective date.
(3) To the Legislature, by
mailing a copy of the notice to the legislators specified in ORS chapter 183.335(15)
at least 49 days before the effective date of the rule
(4) To the general public,
by posting the notice on the Bureau’s website.
Stat. Auth.: ORS 660.120(1)

Stats. Implemented: ORS 183.335(7)
& 183.360

Hist.: BL 187, f. & ef.
2-19-76; BL 4-1985, f. & ef. 8-8-85, Renumbered from 839-011-0117; BL 1-1991,
f. & cert. ef. 1-23-91; BL 3-1994, f. & cert. ef. 6-3-94; BL 6-1994, f.
& cert. ef. 10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010, f.
7-29-10, cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0010
Model Rules of Practice and Procedure
The Attorney General’s Model Rules
of Procedure under the Administrative Procedures Act, are hereby adopted to govern
the operations of the Bureau of Labor and Industries except to the extent they conflict
with or are modified by rules in any division of chapter 839 of the Oregon Administrative
Rules.
[ED. NOTE: The full text of the Attorney
General’s Model Rules of Procedure is available from the office of the Attorney
General or Bureau of Labor and Industries.]
Stat. Auth.: ORS 183

Stats. Implemented: ORS 183.341

Hist.: BL 121(Temp), f. &
ef. 3-24-72; BL 127, f. 7-27-72, ef. 8-15-72; BL 130, f. 10-5-72, ef. 10-15-72;
BL 163(Temp), f. 6-19-74, ef. 6-19-74; BL 167, f. 9-20-74, ef. 10-11-74; BL 188,
f. & ef. 4-7-76; BL 1-1979, f. & ef. 1-23-79; BL 11-1982, f. & ef. 7-20-82;
BL 4-1985, f. & ef. 8-8-85, Renumbered from 839-011-0118; BL 13-1988, f. &
cert. ef. 7-1-88; BL 1-1991, f. & cert. ef. 1-23-91; BL 7-1993, f. & cert.
ef. 7-12-93; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert.
ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0015
Rules of Order
The Council adopts Roberts Rules of
Order for the conduct of meetings; provided, however, that specific Administrative
Rules of the Council will take precedence over Roberts Rules of Order.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120

Hist.: BL 4-1985, f. &
ef. 8-8-85; BL 1-1991, f. & cert. ef. 1-23-91; BLI 18-2010, f. 7-29-10, cert.
ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0020
Date and Location of Council Meetings
The Council shall hold at least four
regular public meetings each year as required by ORS chapter 660.120(5). The date
of the next regular Council meeting will be designated by the Chair and announced
at each Council meeting. Meetings may be scheduled at any location within the state
of Oregon selected by the Chair.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(2)(g)

Hist.: BL 4-1985, f. &
ef. 8-8-85; BL 1-1991, f. & cert. ef. 1-23-91; BLI 18-2010, f. 7-29-10, cert.
ef. 8-1-10; BLI 1-2012, f. & cert. ef. 1-3-12; BLI 15-2015, f. & cert. ef.
11-12-15
839-011-0030
Preparation of Council Agenda
(1) All matters to be included on the
agenda must be submitted in writing to the office of the Director by 5:00 p.m. at
least 45 calendar days before the date of the next Council meeting. If the 45th
calendar day before the next Council meeting falls on either a weekend or holiday,
the items for the agenda must be submitted to the Director on the last business
day before the 45th calendar day.
(2) Late submissions for
inclusion on the agenda that do not request the Council to approve, modify or revoke
standards, committees or programs may be considered by the Council if a majority
of the members agree.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BL 4-1985, f. &
ef. 8-8-85; BL 1-1991, f. & cert. ef. 1-23-91; BL 6-1994, f. & cert. ef.
10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert.
ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0040
Participation by the Public
(1) The Council encourages public participation
at all meetings. Individuals who wish to address the Council are required to sign
up to speak at meetings. Individuals who fail to sign up may address the Council
at the discretion of the Chair, pursuant to Roberts Rules of Order.
(2) Meetings are held in
facilities accessible to individuals with disabilities. Accommodations are available
to allow individuals with disabilities to access and participate in all Council
meetings. Accommodations may be requested by contacting the Division at (971) 673-0760
or Oregon Relay for hearing impaired assistance at 711 at least 10 business days
prior to the meeting.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120

Hist.: BL 4-1985, f. &
ef. 8-8-85; BL 1-1991, f. & cert. ef. 1-23-91; BLI 2-1999, f. & cert. ef.
4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef.
11-12-15
839-011-0050
Certificate of Meritorious Service
Upon the recommendation of a local committee
or the motion of a Council member, the Council may award a certificate of meritorious
service to any individual who has devoted a minimum of three years of service to
a registered apprenticeship program.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120

Hist.: BL 4-1985, f. &
ef. 8-8-85; BL 1-1991, f. & cert. ef. 1-23-91; BLI 2-1999, f. & cert. ef.
4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 1-2012, f. & cert. ef.
1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0051
Delegation of Authority by Council
(1) The Chair and Director, with the
approval of the Chair, may act on behalf of the Council for federal purposes and
in all cases where immediate action is deemed necessary by the Chair and Director.
All such actions shall be placed on the agenda for the next regular Council meeting
for Council approval or ratification.
(2) All matters pertaining
to the approval or deregistration of apprenticeship committees, standards, program
sponsors, employers, training agents or apprentices must be ratified by the Council
at its next meeting.
(3) Any standards referred
back to local committees by the Council for revision may be approved by the Director
when revised according to Council action.
Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 660.120,
660.210 & 660.170

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru 1-4-12; BLI
1-2012, f. & cert. ef. 1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
Formation, Composition and Dissolution
of Local Committees
839-011-0070
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 apprenticeship or training committee approved
by the Council.
(4) “State minimum
guideline standards" means industry/trade benchmarks developed by a Council approved
state committee and approved by the Council that represent the fundamental requirements
necessary for entry into and completion of specific Council approved apprenticeship
or training programs.
(5) “Registered apprenticeship
program” means a local committee approved by the Council to operate an apprenticeship
or training program in a specific occupation.
(6) "Registration of an Apprenticeship
Agreement" means the acceptance and recording of an apprentice or trainee agreement
by the Division on behalf of the Council. Registration is evidence of the participation
of the apprentice or trainee in a registered program.
(7) “Registration of
an apprenticeship program” means the acceptance and recording of such program
by the Office of Apprenticeship, or registration and/or approval by a recognized
State Apprenticeship Agency, as meeting the basic standards and requirements of
the Department for approval of such program for Federal purposes. Approval is evidenced
by a Certificate of Registration or other written indicia.
(8) "Standards" means a written
agreement submitted by a local committee and approved by the Council, which sets
forth a plan containing all terms and conditions for the qualification, employment
and training of apprentices or trainees as set forth in ORS chapter 660.126 and
660.137.
(9) “Trainee”
means any individual registered to a registered training program. For the purposes
of these rules, all apprentice requirements apply to trainees unless otherwise noted.
(10) “Training agent”
means an employer or organization approved by a local committee to employ and train
apprentices and registered with the Division.
(11) “Training program”
means any registered program of 2,000 on-the-job training hours or less. For the
purposes of these rules, all apprenticeship requirements apply to training programs
unless otherwise noted.
(12) “Journey worker”
is a fully skilled practitioner who can work independently in a given trade or occupation
in accordance with ORS chapter 660.010(4). Generally, a skilled crafts person has
a minimum of four years of verifiable trade-specific experience or has completed
a state certified apprenticeship program in the applicable trade and holds a license
where required. Use of the term may also refer to a mentor, technician, specialist
or other skilled worker who has documented sufficient skills and knowledge of an
occupation, either through formal apprenticeship or through practical on-the-job
experience and formal training.
(13) “Completion rate”
means the percentage of an apprenticeship cohort who receives a certificate of apprenticeship
completion within 1 year of the projected completion date. An apprenticeship cohort
is the group of individual apprentices registered to a specific program during a
1 year time frame, except that a cohort does not include the apprentices whose apprenticeship
agreement has been cancelled during the probationary period. The projected completion
date is the number of years determined by the greater of the following measures:
(a) The number of required
on-the-job training hours needed for completion of the program divided by 2000 and
rounded up to the nearest whole number; or
(b) The number of years of
required related training prescribed in the applicable standard.
(14) “Job Site”
means:
(a) For standards in construction
trades, the area covered by an approved building permit, plan of development or
contract number, or contractual agreement for new construction or renovation;
(b) For standards in non-construction
trades, the physical area within the wall that services are offered or the location
that is identified on the license by the licensing board and/or other local government
or a single job or group of jobs on the same circuit or within the same general
area.
(15) “Federal purposes”
means any federal contract, grant, agreement or arrangement dealing with apprenticeship;
and any federal financial or other assistance, benefit, privilege, contribution,
allowance, exemption, preference or right pertaining to apprenticeship pursuant
to 29 C.F.R. Part 29.2.
(16) “Competency”
means the attainment of manual, mechanical or technical skills and knowledge, as
specified by an occupational standard and demonstrated by appropriate written and
hands-on proficiency measurements.
(17) “Electronic media”
means media that utilize electronics or electromechanical energy for the end user
(audience) to access the content; and includes, but is not limited to, electronic
storage media, transmission media, the Internet, extranet, lease lines, dial-up
lines, private networks, and the physical movement of removable/transportable electronic
media and/or interactive distance learning.
(18) “Related instruction”
means an organized and systematic form of instruction designed to provide the apprentice
with the knowledge of the theoretical and technical subjects related to the apprentice’s
occupation. Such instruction may be given in a classroom, through occupational or
industrial courses, or by correspondence.
(19) “Sponsor”
means any person, association, committee, or organization operating an apprenticeship
program and in whose name the program is (or is to be) registered or approved.
(20) “Suspension of
an apprenticeship agreement” means a temporary committee action to hold the
apprenticeship agreement in abeyance during an investigation of a program or policy
violation by the apprentice. The committee or its designee may temporarily suspend
an apprentice upon the recommendation of the sponsor, an employer, or the committee’s
designee. The committee shall notify the apprentice and the Division of the suspension
action in writing and such notice shall state the reasons for the suspension action,
the duration of the suspension action and shall state that the apprentice has a
right to appear before the committee to contest the suspension by written request
to the committee within 10 days after the date the notice is issued. If review
is requested, the apprentice has a right to appear before the committee to contest
the suspension at its next scheduled committee meeting. An apprenticeship agreement
may also be suspended at the apprentice’s request in accordance with committee
policies and procedures.
Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 660.120(1)

Hist.: BL 6-1985, f. &
ef. 10-15-85; BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92); BL 6-1994,
f. & cert. ef. 10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010,
f. 7-29-10, cert. ef. 8-1-10; BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru
1-4-12; BLI 1-2012, f. & cert. ef. 1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
Joint Committees
839-011-0072
Formation of Joint Committees
(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
serving multiple employers.
(2) The interested party
or group shall establish a date for an organizational meeting and provide the Division
with written notice of the date, time and location of the meeting at least 5 (five)
working days in advance of the meeting. Division staff may attend organizational
meetings in an informational role.
(3) At the organizational
meeting participants, excluding Division staff, will:
(a) Adopt Roberts Rules of
Order;
(b) Specify the committee
name, its geographical jurisdiction, and the occupation(s) for which it will train;
(c) Nominate committee members
and submit their names to the Council pursuant to OAR 839-011-0074;
(d) Elect a chair and a secretary
as committee officers, pursuant to OAR 839-011-0074(8).
(4) Local committees and
training agents shall be responsible for the administrative cost and expenses associated
with the operation of their programs. No committee or training agent shall charge
or cause charges to be levied against an apprentice for purposes of financially
supporting the administrative, clerical or organizational cost of operating a registered
program. Apprentices may be required to pay the normal cost of tuition and related
training materials.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(2)(c),
660.135(1), (2), (3), (4) & (5)

Hist.: BL 6-1985, f. &
ef. 10-15-85; BL 1-1991, f. & cert. ef. 1-23-91; BLI 2-1999, f. & cert.
ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 1-2012, f. & cert.
ef. 1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0073
Committee 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 consistent
manner. Policies and procedures will be approved by the committee and recorded in
the meeting minutes.
(2) When adopted or revised,
these policies and procedures will be submitted to the local committee’s assigned
Apprenticeship Representative who will review and approve the policies and procedures
if they are in conformity with apprenticeship laws, rules and Council guidelines.
Stat. Auth.: ORS 660.120(1)

Stats. Implemented: ORS 660.137(2)

Hist.: BL 8-1992, f. &
cert. ef. 6-15-92; BL 1-1995, f. & cert. ef. 8-14-95; BLI 2-1999, f. & cert.
ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 15-2015, f. & cert.
ef. 11-12-15
839-011-0074
Committee 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 nominations
for employer committee members.
(b) Individuals representing
the journey level workforce for the occupation, or an employee organization that
represents the concerned employees and is involved with the occupation, shall submit
nominations for employee committee members. For the purposes of these rules, an
individual is eligible to serve as an employee representative for the occupation
only if that individual:
(A) Is or has been a skilled
practitioner in the occupation and does not serve in a supervisory capacity as defined
in the National Labor Relations Act, as amended; or
(B) Is a bargaining unit
representative for the employees of a participating training agent.
(2) Joint apprenticeship
or training committees (JATC/JAC/JTC) shall consist of not less than two or more
than four principal employer representatives and not less than two or more than
four principal employee representatives.
(3) Trade apprenticeship
or training committees (TATC/TAC/TTC) shall consist of one principal employer representative
and one principal employee representative for each approved standard of the committee.
(4) State minimum guideline
committees shall consist of one principal employer and one principal employee voting
member from each local committee training in the occupation pursuant to the appointment
procedures in OAR 839-011-0141.
(5) Committees may nominate
one alternate member for each principal committee member and the alternate shall
be selected according to the nominations procedures for principal committee members
set forth in this rule. Alternates shall serve in the absence of principal members
consistent with ORS chapter 660.135(2).
(6) The Director shall list
the names of the nominees on the next Council agenda. After consideration of whether
the appointments provide a balanced representation of the viewpoints of employer
and employee groups, the Council will approve the nominations.
(a) The Council may request
the names of additional nominees if it does not approve any of the nominees.
(b) If either employers or
employees cannot or will not recommend nominees for the committee, the Apprenticeship
Representative for the area may recommend individuals involved with the occupation,
and forward the name of the individual(s) to the Director. The Director will evaluate
the individual(s), and if appropriate, provide interim approval pending submittal
of then names of the individual(s) to the Council for approval according to the
procedures of section (1) of this rule.
(7) When a vacancy occurs
on a committee, it shall be filled according to the member nomination procedures
set forth in this rule.
(8) Each committee shall
elect a chairperson and a secretary from committee members. One of the offices must
be held by an employer member and one office must be held by an employee member.
(a) The officers shall serve
for no less than one year and no more than two years without an election unless
the committee has adopted policies and procedures establishing the duration of officers'
terms.
(b) In the event of a vacancy
in an office, the respective employer or employee members shall elect from their
representation a replacement to serve the unfilled term of office consistent with
ORS chapter 660.
(9) No Division staff may
be elected or appointed to any position within a committee.
(10) Associate members may
be elected or appointed by the committee but such members do not have voting rights
on local committee matters.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.135,
660.145, 660.155

Hist.: BL 6-1985, f. &
ef. 10-15-85; BL 1-1991, f. & cert. ef. 1-23-91; BLI 2-1999, f. & cert.
ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 1-2012, f. & cert.
ef. 1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0078
Removal of Committee 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).
(2) The Council may also
remove committee members upon the recommendation of the committee as set forth in
section (3) of this rule. Each committee will establish its own written policy regarding
the removal of committee members.
(3) Committee(s) may recommend
removal of a member and note such action in the committee meeting minutes, subject
to the following conditions:
(a) Only employer committee
members may recommend and vote for removal of an employer member;
(b) Only employee committee
members may recommend and vote for removal of an employee committee member;
(c) If the committee is a
trade committee, only employer committee members may recommend and vote for removal
of an employer member from another occupation within the committee, while only employee
committee members may recommend and vote for removal of an employee member from
another occupation within the committee.
(4) The Director shall include
such recommendations as recorded in committee meeting minutes on the Council Agenda.
(5) Notwithstanding OAR 839-011-0074,
the Council may appoint a replacement committee member at the same meeting at which
it removes a member.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(2)(d)

Hist.: BL 6-1985, f. &
ef. 10-15-85; BL 1-1991, f. & cert. ef. 1-23-91; BLI 18-2010, f. 7-29-10, cert.
ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0082
Deregistration of Committees
(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
committee has informed the Director or the Council that it will no longer perform
its duties.
(2) On behalf of the Council,
the Director shall, to the extent practical, secure the formation of a new committee
where a previously approved committee failed to carry out an effective program.
(3) A committee shall be
subject to deregistration if it has had no apprentices registered for two years
or more, has not had at least two quorum meetings in a twelve month period, has
failed to administer to the needs of the apprentices or the industry concerned or
if so otherwise deemed appropriate by the Council.
(4) Deregistration of a program
may commence upon the voluntary action of the sponsor by submitting a request for
cancellation of the registration in accordance with section (5) of this section,
or upon reasonable cause, by the Division, in collaboration with the Council instituting
formal deregistration proceedings in accordance with section (6) of this section.
(5) Deregistration at the
request of the sponsor. The Division may cancel the registration of an apprenticeship
program, subject to ratification by the Council, by written acknowledgment of such
request stating the following:
(a) The registration is cancelled
at the sponsor’s request, and the effective date thereof;
(b) 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 for all State purposes,
and that all apprentices are referred to the Division for information about potential
transfer to other registered apprenticeship programs.
(6) Deregistration by the
Division upon reasonable cause.
(a) 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 not but 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 apprentice’s
skills acquired; or persistent and significant failure to perform successfully.
Deregistration proceedings for violation of equal opportunity requirements must
be processed in accordance with the provisions under 29 CFR Part 30.
(b) 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 years, demonstrates
an ongoing pattern of very low completion rates over a period of several years,
or shows no indication of improvement in the areas identified by the Division during
a review process as requiring corrective action.
(c) Where it appears the
program is not being operated in accordance with the registered standards or with
requirements of this part, the Division must notify the program sponsor in writing.
(d) The notice sent to the
program sponsor’s contact person must:
(A) Be sent by registered
or certified mail, with return receipt requested;
(B) State the shortcoming(s)
and the remedy required; and
(C) State that a determination
of reasonable cause for deregistration will be made unless corrective action is
effected within 30 days.
(7) Upon request by the sponsor
for good cause, the 30-day term may be extended for another 30 days. During the
period for corrective action, the Division must provide a reasonable amount of technical
assistance in an effort to help the program achieve conformity.
(8) If the required correction
is not effected within the allotted time, the Division shall send a notice to the
sponsor, by registered or certified mail, return receipt requested, stating the
following:
(a) The notice is sent under
this paragraph;
(b) Certain deficiencies
were called to the sponsor’s attention (enumerating them and the remedial
measures requested, with the dates of such occasions and letters), and that the
sponsor has failed or refused to effect correction;
(c) Based upon the stated
deficiencies and failure to remedy them, a determination has been made that there
is reasonable cause to deregister the program and the program may be deregistered
unless, within 15 days of the receipt of this notice, the sponsor requests a hearing
with the Division; and
(d) If the sponsor does not
request a hearing, the Division and the Council will make a final decision on the
record with respect to deregistration.
(9) If the sponsor does not
request a hearing, the Division, in consultation with the Council, will make a final
decision on decertification based upon the record before the Division. The Division
will then transmit to the Administrator of the Office of Apprenticeship a report
containing all pertinent facts and circumstances concerning the nonconformity, including
the findings and recommendation for deregistration, decisions and copies of all
relevant documents and records. Statements concerning interviews, meetings and conferences
will include the time, date, place, and persons present.
(10) If the sponsor requests
a hearing, the Division will notify the sponsor, in writing, The Division shall
convene a hearing in accordance with paragraph (12) of this section.
(11) The Division, in consultation
with the Council, shall make a final decision on the basis of the record before
it, that shall consist of the compliance review file and other evidence presented
and, if a hearing was conducted pursuant to paragraph (12), the proposed findings
and recommended decision of the hearings officer. In its discretion, the Division,
in consultation with the Council, may allow the sponsor a reasonable time to achieve
voluntary corrective action. If the Division's decision is that the apprenticeship
program is not operating in accordance with this plan, the apprenticeship program
shall be deregistered. In each case where deregistration is ordered, the Division
shall make public notice of the order and shall notify the sponsor and the complainant,
if any, and the Department. The Council shall inform any sponsor whose program has
been deregistered that it may appeal such deregistration to the Department in accordance
with the procedures of 29 CFR, Section 30.15.
(12) Hearings shall be conducted
in accordance with the following procedures:
(a) Within 10 days of receipt
of a request for a hearing, the Director shall designate a hearing officer. The
hearing officer shall give reasonable notice of such hearing by registered mail,
return receipt requested to the sponsor. Such notice shall include a reasonable
time and place of hearing; a statement of the provisions of this plan pursuant to
which the hearing is to be held; and a concise statement of the matters pursuant
to which the action forming the basis of the hearing is proposed to be taken.
(b) The hearing officer shall
regulate the course of the hearing. Hearings shall be informally conducted. Every
party shall have the right to counsel, and a fair opportunity to present his or
her case including such cross - examination as may be appropriate in the circumstances.
Hearing officers shall make their proposed findings and recommended decisions to
the Director within 60 days upon the basis of the record before them. The Director
will then make a final order for all State purposes.
(13) When a program sponsor
requests a hearing to dispute proposed deregistration, for federal purposes, the
Division must transmit to the Administrator of the Office of Apprenticeship a report
containing all the data listed in paragraphs (6)–(12) of this section, and
the Administrator will refer the matter to the Office of Administrative Law Judges
to convene a hearing in accordance with 29 CFR 29.10.
(14) If a committee is decertified,
the Division 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 for all State purposes, and that all apprentices
are referred to the Division for information about potential transfer to other registered
apprenticeship programs.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(d)

Hist.: BL 6-1985, f. &
ef. 10-15-85; BL 1-1991, f. & cert. ef. 1-23-91; BLI 18-2010, f. 7-29-10, cert.
ef. 8-1-10; BLI 1-2012, f. & cert. ef. 1-3-12; BLI 15-2015, f. & cert. ef.
11-12-15
839-011-0084
Approval of New Committees 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 committee.
(2) All employers and their
qualified employees shall be afforded the opportunity to participate, on a non-discriminatory
basis, in existing programs.
(3) The Council and the Apprenticeship
and Training Division of the Bureau of Labor and Industries will approve the creation
of a new local committee or new standards for an existing committee only if the
applicant for the new program or new standards can first demonstrate to the Council
and the Division, by a preponderance of evidence, that the application is in conformity
with the following requirements:
(a) The applicant shall submit
documentation showing committee composition pursuant to ORS chapter 660.135, .145.
(b) The applicant shall submit
standards in a format approved by the Council that meet or exceed any existing statewide
minimum guideline standards for the occupation. Where no state guideline standards
exist, proposed standards shall meet or exceed national guideline standards approved
by the federal Office of Apprenticeship. Where no state or national guideline standards
exist, standards will be approved at the discretion of the Council and the Division
when the proposed occupation is clearly identified and commonly recognized throughout
an industry.
(A) The term of apprenticeship
for an individual apprentice may be measured through the completion of the industry
standard for on-the-job learning (at least two thousand hours) (time-based approach),
the attainment of competency (competency-based approach), or a blend of the time-based
and competency-based approaches (hybrid approach).
(B) A statement of the number
of hours to be spent by the apprentice in work and the number of hours to be spent
in related/supplemental instruction. For competency based and hybrid models, the
program standards must specifically address how on-the-job learning will be integrated
into the program, describe competencies and how such competencies will be measured,
and identify an appropriate means of testing and evaluation for such competencies.
(C) The time-based approach
measures skill acquisition through the individual apprentice's completion of at
least two thousand hours of on-the-job learning as described in a work process schedule.
(D) The competency-based
approach measures skill acquisition through the individual apprentice's successful
demonstration of acquired skills and knowledge, as verified by the program. 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.
(E) 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.
(c) The applicant shall submit
an administration plan that includes:
(A) Written designation of
the program administrator;
(B) Documented assurances
that the committee will be adequately funded to support its administration and the
presentation of related instruction;
(C) A written statement that
details all costs to apprentices (including instruction, books, tuition); and
(D) Assurances that training
agents and prospective training agents will be provided with a written statement
of costs for program participation.
(d) The applicant must demonstrate
the ability to track required on-the-job training, related and supplemental training
and affirmative action information (i.e., work progress reports, apprentice/trainee
rotation system, employer's apprentice/trainee evaluation forms, grading sheets,
applicant logs) and provide the Council with copies of the forms and documents that
will be used to track such information.
(e) The applicant shall submit
a plan detailing how the committee will ensure that participating employers will
provide work in all areas covered by the program standards (ORS chapter 660.137(5)),
including:
(A) Training in all counties
listed in proposed geographical area;
(B) Training in all work
processes set forth in the standards;
(C) Committee expectations
of supervising journey workers and a plan for the supervision of apprentices/trainees
in the ratio set forth in the standards (ORS chapter 660.126(1)(c), (f));
(D) Training agent qualifications
and duties (ORS Chapter 660.137(5)); and
(E) A plan for training participating
employers on their duties and responsibilities.
(f) The applicant shall submit
a complete related training curriculum, including instructor qualifications, class
outlines and expected competencies, grading procedures and completion criteria.
This submission shall include:
(A) An explanation of the
curriculum delivery method and a description of the related training facilities;
(B) Certification of the
curriculum and instructional delivery plan by either a state education certifying
authority or nationally recognized industry association (ORS Chapter 660.137(2)(c),
.126(1)(j), .157); and
(C) Assurances that classroom
and related instruction can be delivered throughout the geographic area. The applicant
must submit a contract or other documentation demonstrating that actual instructional
resources are in place. The committee's geographic area must be one that can be
reasonably served by the committee with respect to employers and the location of
the related training services (ORS Chapter 660.126(1)(a)).
(D) Assurances that instructors
meet the Oregon Department of Education or Office of Community Colleges and Workforce
Development requirements for vocational-technical instructors or are subject matter
experts, defined as an individual, such as a journey worker, who is recognized within
an industry as having expertise in a specific occupation. If the instructor is a
subject matter expert, the submission must include assurances that the instructor
has or will have had training in teaching techniques and adult learning styles,
which may occur before or within nine (9) months after the apprenticeship instructor
has started to provide the related technical instruction.
(g) The applicant must submit
operating policies and procedures and assurances that the program will be operated
in accordance with the same; and
(h) The applicant shall submit
a plan to recruit, evaluate and select apprentice/trainee applicants throughout
the proposed geographic area, including an application form that meets Council requirements.
(4) All objections to the
approval of a new committee or new standards shall be submitted to the Council in
writing at the meeting where the application is being considered for approval, specifically
detailing any objections to the application. Council may rule on the application
and objections thereto at that time or grant the applicant 30 days after the Council
meeting to submit a written rebuttal to the objections to the Director. Council
shall direct the Director to investigate and evaluate the objections and rebuttal
and to provide a report to Council within 45 days of receipt of the rebuttal statement.
At the next Council meeting after the initial submission, Council shall either approve
or deny the application and provide a specific written explanation for its actions.
(5) All new programs shall
serve a probationary period of three (3) years after Council approval. Failure to
clearly demonstrate the ability to operate a satisfactory program during the probationary
period, based upon periodic program reviews conducted by the Division, shall result
in deregistration of the program by the Division in consultation with the Council.
(6) Compliance reviews will
be conducted during the probationary period pursuant to OAR 839-011-0145 unless
the Council directs the Division to conduct reviews more frequently. Should the
Council find operating deficiencies in the course of any such review, the program
shall immediately take action to correct the deficiencies and submit a report to
the Council explaining corrective measures taken within 90 days of the Council initial
finding of deficiencies. If the committee has not corrected the deficiencies within
the 90 day period, the Division in consultation with the Council shall deregister
the program at the next scheduled Council meeting.
Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 660.135(1)

Hist.: BL 6-1985, f. &
ef. 10-15-85; BL 1-1991, f. & cert. ef. 1-23-91; BLI 2-1999, f. & cert.
ef. 4-2-99; BLI 16-2005(Temp), f. & cert. ef. 8-23-05 thru 2-19-06; Administrative
correction 3-20-06; BLI 16-2006, f. 4-17-06, cert. ef. 4-18-06; BLI 18-2010, f.
7-29-10, cert. ef. 8-1-10; BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru
1-4-12; BLI 1-2012, f. & cert. ef. 1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
Apprenticeship and Training Standards
839-011-0088
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 to ORS Chapter 660.020 and issued by the Division;
(b) Information requested
on the form as authorized by ORS Chapter 660.020 has been supplied by the apprentice.
The requested information includes, but is not limited to the apprentice’s
Social Security Number for identification purposes; the number of hours to be spent
in related instruction in technical subjects related to the occupation, that is
recommended to be not less than 144 hours per year; and a statement indicating whether
and under what circumstances an apprentice is entitled to be financially compensated
for attending related instruction;
(c) It has been signed by
the apprentice and the local joint committee. Approval must be recorded as soon
as possible at a committee meeting; and
(d) The agreement has been
submitted to and received by a representative of the Division.
(2) The effective starting
date of an apprenticeship agreement in non-licensed trades shall be not more than
forty five (45) days prior to the date that a fully executed original agreement
and committee minutes approving the registration are received by a representative
of the Division. In the licensed trades, the effective starting date of an apprenticeship
shall not commence before a fully executed apprenticeship agreement is received
by a representative of the Division, unless the committee has written authorization
from the Division to issue an initial license and operates in accordance with the
conditions of authorization.
(3) Local committees shall
develop and implement a policy and procedures detailing the process for evaluating
previous experience and demonstrated competency in a uniform manner and awarding
advanced standing to new apprentices for on-the-job or related training.
(a) The committee may grant
credit for prior experience based upon demonstrated competency for any time previously
spent by the apprentice in the trade or occupation that the committee considers
applicable to the work processes in the program standards.
(b) In licensed trades, only
lawfully obtained and documented experience that specifically applies to an Oregon
license may be considered in granting credit for prior experience.
(4) All apprenticeship agreements
will be maintained in the Division’s main office.
Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 657.732
& 660.060(8)

Hist.: BL 6-1985, f. &
ef. 10-15-85; BL 1-1991, f. & cert. ef. 1-23-91; BL 7-1996, f. & cert. ef.
7-22-96; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef.
8-1-10; BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru 1-4-12; BLI 1-2012,
f. & cert. ef. 1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0090
Causes for Disciplinary Actions
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 apprentice's registration status or an apprentice’s time, skills or training;
(2) Inadequate training of
apprentices;
(3) Inappropriate assignment
or abuse of discretion in work assignments;
(4) Discriminatory action(s)
against an apprentice(s);
(5) Violation of any state
or federal law;
(6) Failure to submit required
documentation to the Division in a timely manner;
(7) Failure to communicate
with the Division or the Council in a timely manner; or
(8) Any other action deemed
inappropriate by the Council.
Stat. Auth.: ORS 660.120(1)

Stats. Implemented: ORS 660.120(1)
& ORS 660.120(2)(d)

Hist.: BL 6-1994, f. &
cert. ef. 10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 1-2012, f. &
cert. ef. 1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0093
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 request to appear before
Council to present information and answer questions from the Council; and
(b) A written notice of Council's
decision in the matter.
(2) Based on a complaint,
compliance review, or other reason, the Division may investigate, or cause a local
committee to investigate, whether a training agent or committee is in compliance
with the program standards relating to the ratio, supervision, or approved work
processes requirements, wages or Council policies.
(3) The Division shall notify
the training agent and the program sponsor that an investigation has commenced.
If the Division requests that a local committee initiate an investigation as to
whether a training agent is in compliance with the program standards relating to
the ratio, supervision, or approved work processes requirements, wages or Council
policies, the local committee shall forward the results of the investigation to
the Division within 60 days of the request.
(4) The Division shall prepare
a report identifying the results of the investigation. If the results indicate that
the training agent is not operating as required by the program standards, the Division
shall notify the training agent and local committee in writing of the results, with
a copy of the report to the Council. Additionally:
(a) The Division will make
a reasonable effort to secure compliance on the part of the training agent or committee
by requiring the training agent or committee to submit to the Division a proposed
plan identifying voluntary corrective action. The Division shall review the proposed
corrective action plan and approve it, or work with the training agent or committee
to modify it, before its implementation. If the Division does not receive notice,
within thirty (30) calendar days, that action has been taken to correct violations,
the Division shall refer the matter to the Council for action. The local committee
shall assist the training agent in developing a proposed corrective action plan
and shall assist the Division in monitoring the training agent's compliance with
the terms of the approved corrective action plan.
(b) If the Division is unable
to obtain compliance from the training agent or committee under (a) of this subsection,
or if a second investigation within one year of the initial inspection reveals the
training agent or committee is not operating as required by the program standards,
the Division shall refer the matter to the Council for action.
(5) The Council will take
action upon the Division’s referral under subsection (4)(b) of this section.
After a notice and the opportunity for the training agent to show cause, the Council
will decide by a majority vote of the members present whether to issue a determination
that the training agent or committee is out of compliance with program standards
relating to the ratio, supervision, or approved work processes requirements, wages
or Council policies. Where training agent violations are found by the Council after
a review of all relevant facts, including the opportunity for the training agent
to make a presentation before the Council, the Council may vote to:
(a) Censure the training
agent or committee and find it not to be in good standing;
(b) Place the training agent
or committee on probation for a specific period of time;
(c) Prohibit the training
agent from employing apprentices or prohibit the committee for registering new apprentices
for up to two years;
(c) Order specific actions
to correct the violations;
(d) Impose sanctions pursuant
to existing Council policies and interpretations; or
(e) Deregister the training
agent or committee.
(6) A determination by the
Council that a training agent is out of compliance with program standards relating
to the ratio, supervision, or approved work processes requirements, wages or Council
policies shall be stated in writing, along with the reasons supporting it, and shall
be mailed to the training agent and program sponsor.
(7) The Division shall place
Council determinations under this section on file for public review. The Division
shall maintain a list of all training agents who, as a result of a determination
they are out of compliance are unable to employ registered apprentices. The Division
shall make the list available to the public upon request.
Stat. Auth.: ORS 660.120(1)

Stats. Implemented: ORS 660.120(1)
& 660.120(2)(d)

Hist.: BL 6-1994, f. &
cert. ef. 10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0140
Approval and Dissolution of Standards
(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
before the date of the next Council meeting pursuant to OAR 839-011-0030.
(2) Proposed standards and
revisions must be in a form and format approved by Council that includes all elements
specified in ORS chapter 660.126. The Council may require additional information
of committees pursuant to OAR 839-011-0084, including program administration and
training plans.
(3) Standards in a form or
format other than that approved by the Council and the Division may be accepted
when they are part of the federal Office of Apprenticeship approved national pattern
standards and are consistent with federal Office of Apprenticeship regulations and
guidelines, these rules and Council policies.
(4) With Council approval,
local committees may charge applicants a reasonable non-refundable application fee.
Such fees shall be stated in the standards as a minimum qualification for entry
into the program. Committees shall be required to:
(a) Incorporate the payment
of a non-refundable application fee into the minimum qualifications of the committee’s
standards. The standards shall also reflect that applicants with an income below
150% of the federal poverty guidelines may apply for a non-refundable application
fee waiver. Federal poverty guidelines are established by the Federal Department
of Health and Human Services and are recognized by the Oregon Adult and Family Services
Division;
(b) Show that the non-refundable
application fee results in no disparate impact and report annually to the Council
whether disparate impact has been determined to result from the fees charged; and
(c) Show that the local committee
experiences an extraordinary burden with respect to the administration of applications,
i.e., beyond the ordinary course of conducting such procedures. Examples of an extraordinary
burden include, but not limited to, development of specific entrance examinations,
validation studies and extensive testing or interview procedures.
(5) Revised standards will
supersede the committee’s previous standards covering the same occupation.
(6) Every registered apprenticeship
program must have at least one registered apprentice, except for the following specified
periods of time that may not exceed 1 year:
(a) Between the date when
a program is registered and the date of registration for its first apprentice(s);
or
(b) Between the date that
a program graduates an apprentice and the date of registration for the next apprentice(s)
in the program.
(7) The Division shall report
any standards that have had no registered apprentices for one (1) year to the Council
for dissolution due to inactivity. Committees will be notified at that time that
the standards will be dissolved if no apprentices registered within one (1) additional
year.
(a) Committees may request
administrative reactivation of standards that are dissolved due to inactivity if
a new apprentice is identified within two (2) years of dissolution.
(A) Current documentation
of OAR 839-011-0084(3) requirements shall be submitted to the Division with reactivation
request.
(B) Apprentice registration
can occur upon the Division’s administrative approval of the reactivated standards.
The standards will then be placed on the next Council agenda for ratification in
accordance with OAR 839-011-0051.
(b) After two (2) years,
standards dissolved due to inactivity shall be resubmitted as new standards and
Council approval of the standards will be required prior to registration of new
apprentices.
Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 660.120(2)(b),
660.126 & 660.137

Hist.: BL 95, f. 8-16-65;
BL 130, f. 10-5-72, ef. 10-15-72; BL 3-1978, f. & ef. 4-3-78; BL 13-1988, f.
& cert. ef. 7-1-88; BL 1-1991, f. & cert. ef. 1-23-91; BL 6-1994, f. &
cert. ef. 10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru 1-4-12; BLI
1-2012, f. & cert. ef. 1-3-12; BLI 6-2015(Temp), f. & cert. ef. 6-1-15 thru
11-27-15; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0141
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
standards, the Council will direct the Division to convene a state committee composed
of voting members of local committees training in the occupation. Division staff
will organize the meeting time and location, and contact all appropriate local committees.
(a) Each local joint committee
training in the occupation may appoint no more than one employer and one employee
committee member (with alternates if desired) to the state committee pursuant to
OAR 839-011-0074. Notification of this action must be submitted to the Division
in writing. Appointments will be valid only after written notice of the names of
the appointees is received by the Division at least one (1) day before a scheduled
state guideline committee meeting.
(b) The employer and employee
members of local trades committees (and alternates) shall represent their respective
occupations on the state committee pursuant to ORS Chapter 660.155(2).
(c) Only properly appointed
representatives to the state guideline committee will be permitted to vote on issues
before the State Guideline Committee.
(d) A quorum shall consist
of 50% plus one of the total appointed local joint committee representatives; local
trade committee representatives will be counted only if they are present at the
state committee meeting. A quorum of the total appointed local committee representatives
constituted pursuant to this rule may revise the quorum requirement for future state
committee meetings, pending review and approval by the Council.
(e) Each state committee
may adopt policies and procedures consistent with ORS Chapter 660 as it deems necessary
for the orderly conduct of its meetings.
(2) The state committee will
develop or revise minimum guideline standards in accordance with the needs of the
industry and occupation. This committee shall establish minimum guidelines in the
following standards areas:
(a) Minimum qualifications;
(b) Hours of employment;
(c) Maximum probationary
period;
(d) Maximum ratio of apprentices
to journey workers and required supervision;
(e) Minimum work processes
and approximate hours, and expected competencies (if desired); and
(f) Minimum related/supplemental
instruction.
(3) If consensus is not reached
by the state committee, a majority and minority report will be submitted with the
proposed standards to the Council for consideration.
(4) New or revised minimum
guideline standards shall be distributed to all local committees training in the
occupation for review and comment prior to submission to the Council.
(a) Each local committee
shall have not more than 30 days to present any written objections. This information
shall be referred to the state committee for review.
(b) The state committee shall
determine whether additional meetings are required then prepare its final recommendations
to the Council.
(c) When majority and minority
reports are submitted, the Council and the Division will take into consideration
the geographic area covered by each participating committee as well as the number
of apprentices served and the number of training agents affected in determining
whether to accept the minimum guideline standard as submitted or approved amendments
thereto.
(5) On-the-job training hours
for a local committee may not fluctuate below the requirements dictated by minimum
guideline standards. The variations must be within statutory limits governing the
licensed occupations.
Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 660.120(2)(a)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru 1-4-12; BLI
1-2012, f. & cert. ef. 1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0142
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 Opportunity in Apprenticeship
Plan noted in OAR 839-011-0200, the objectives expressed by the committee and/or
sponsor, and such other factors as the Council and the Division may deem appropriate.
Evaluation of proposed qualification standards or selection methods shall include
an analysis of whether they would result in an adverse impact upon any protected
class of applicants.
(2) The Council and the Division
shall not consider proposed standards that contain any of the following requirements
within their minimum qualifications:
(a) Physical ability to do
the job, unless it specifically references a validated occupational requirement,
such as lifting a sack of cement to a specified height;
(b) Any tests (including
color tests) that do not meet the validity requirements under 41 CFR 60.3;
(c) A valid driver’s
license; or
(d) A medical exam.
(3) Standards submitted containing
any of these requirements will not be placed on the Council agenda.
(4) The minimum qualifications
section of the standards may include a note advising applicants that employers may
require apprentices to meet additional lawful conditions of employment. These must
be identified by employers and specified in the standards.
Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 660.120(3)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru 1-4-12; BLI
1-2012, f. & cert. ef. 1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0143
Ratio
(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 enhance
the training opportunities for all apprentices and have jointly submitted a written
request to the Council outlining their plan and requesting the exemption from this
rule.
(2) Except as provided in
sections (6) and (7) below, registered apprentices shall be supervised by journey
workers employed in the same trade or occupation by the same training agent employing
the apprentice.
(3) The apprentice to journey
worker ratio for any registered program approved by the Council and the Division
shall be clearly set forth in the standards for the given occupation and must be
specific as to application in terms of jobsite, workforce, shift, department or
plant.
(4) The maximum ratio of
apprentices to journey workers for an occupation covered by a state committee will
be developed as part of the minimum guideline standards for the occupation. Requests
for a less restrictive ratio from local committees will be referred to the state
committee for evaluation of minimum guideline ratio.
(5) For occupations where
a minimum guideline standard is not in place, local committees are expected to meet
the following apprentice to journey level ratios:
(a) Construction trades:
Not more than one apprentice for the first journey worker on the job site. Additional
apprentices are authorized at the ratio of one apprentice for each three additional
journey workers on the job site. (Expressed hereafter as 1:1,1:3)
(b) Industrial trades and
fixed-site facilities: 1:1,1:2
(c) Other trades (non-traditional
and new and emerging occupations): 1:1,1:1
(d) Committees wishing a
less restrictive ratio must submit a request to the Council for consideration, along
with information including but not limited to:
(A) Specific workforce demographics
justifying a different ratio;
(B) Plan to monitor effects
of ratio on the safety and continuity of employment for apprentices; and
(C) Comparison of completion
rate to statewide average for occupation.
(6) In licensed trades, an
apprentice must be supervised by a journey worker in the same or a higher license
classification than the apprentice, unless the local committee that the apprentice
is registered to has approved supervision by a journey worker holding a license
covering the specific work being performed by the apprentice on the job site.
(7) Electrical power line
installers and repairers and linemen apprentices may work for training agents registered
to other local joint committees in order to ensure that all work processes are fulfilled,
pursuant to a written agreement between the apprentice, the local committees and
both training agents.
(8) In limited situations,
the Council may grant a training agent a short-term waiver of the established ratio
for a given program, upon demonstration of extreme need. In no event shall an apprentice
work without qualified journey worker supervision. Ratio waivers of less than 90
days must be requested by the committee on behalf of a training agent. Local committees
are not authorized to grant temporary waivers to training agents. A temporary waiver
of ratio may be granted under the following circumstances:
(a) Serious injury or illness
of the journey worker, where the journey worker is expected to return to work in
90 days or less; or
(b) The sudden departure
of a journey worker from employment with the training agent for causes not attributable
to the training agent. The employer is expected to replace the departing journey
worker within a reasonable amount of time and in no event shall this amount of time
exceed ninety (90) days. The training agent must document its efforts to replace
journey workers which may include, but shall not be limited to:
(A) Copies of job orders;
(B) Classified advertising,
including a posting of the journey wage rate offered; and
(C) Job orders placed with
the Oregon Employment Division.
(9 The lack of available
qualified or licensed journey workers shall not be a valid reason for granting a
temporary ratio waiver.
(10) The Council may authorize
the Director to grant or deny waivers as set forth above on an interim basis. Such
action taken by the Director must be submitted to the Council for ratification at
its next meeting after interim approval or denial has been made.
Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 660.120(2),
660.126(1)(f)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 5-2011(Temp), f. 7-13-11, cert. ef. 7-18-11 thru 1-4-12; BLI
1-2012, f. & cert. ef. 1-3-12; BLI 6-2015(Temp), f. & cert. ef. 6-1-15 thru
11-27-15; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0145
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 review, the
type of review to be conducted and the time period to be evaluated.
(3) The Program Operation
Compliance Review will evaluate program operation and administration.
(a) New committees will receive
a Program Operation Compliance Review annually for the first three years of operation,
unless otherwise directed by the Council.
(b) After the first three
(3) years, committees found in compliance will receive a Program Operation Compliance
Review every three (3) years.
(4) The Affirmative Action
Compliance Review will evaluate outreach, recruitment, and selection activities.
(a) Committees with five
or more apprentices registered to a single standard during the previous three years
will receive an annual Affirmative Action Compliance Review.
(b) Training agents who select
their own apprentices in accordance with the committee’s approved selection
procedure will receive a separate annual Affirmative Action Compliance Review.
(5) Additional reviews may
be scheduled if:
(a) The Director has a reasonable
belief that such reviews are prudent and in the best interest of apprenticeship;
(b) Complaints have been
received that the program is not operating in compliance; or
(c) At the Council’s
direction.
(6) Committees found out
of compliance will be required to appear at the next meeting of the appropriate
Council subcommittee, unless:
(a) The committee has not
been previously found out-of-compliance;
(b) The welfare, safety and
training of apprentices or trainees was not undermined;
(c) The committee has submitted
a timely, written response that addresses all compliance issues requiring attention;
and
(d) The Division has recommended
approval of the compliance review and committee response.
(7) All reviews shall be
reported on a form and in a format approved by the Council. Upon review of compliance
reports, the Council shall take action including but not limited to any of the following:
(a) Approve the report;
(b) Refer the report back
for further clarification;
(c) Extend the review period
for up to six (6) months;
(d) Order a probationary
period including more frequent and detailed program reviews;
(e) Direct compliance and/or
corrective action accordingly;
(f) Impose sanctions;
(g) Deregister the committee
and/or standards for non-compliance; and
(h) Any other action as directed
by the Council and the Division.
Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 660.120(2)(a)
& 660.120(2)(f)

Hist.: BL 16-1979, f. &
ef. 11-8-79; BL 6-1994, f. & cert. ef. 10-10-94; BLI 2-1999, f. & cert.
ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 5-2011(Temp), f. 7-13-11,
cert. ef. 7-18-11 thru 1-4-12; BLI 1-2012, f. & cert. ef. 1-3-12; BLI 6-2015(Temp),
f. & cert. ef. 6-1-15 thru 11-27-15; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0162
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
each employer.
(2) The effective starting
date for a new training agent shall be no more than forty five (45) days prior to
the date that a fully executed original training agent agreement and committee minutes
approving the registration of the employer are received by a representative of the
Division.
(3) No employer shall be
required to join an industry or trade association as a condition of approval as
a training agent.
(4) Where two or more programs
of the same occupation exist in the same geographical area an employer may not serve
as an approved training agent for more than one such program at a time.
(a) In the event an employer
has been approved as a training agent by two or more such programs, the Division
shall notify the employer and the appropriate committees of this rule and require
that the employer respond within twenty (20) working days of receipt of the notice,
designating the program in which the employer chooses to continue and resigning
from all others. Such notice shall be sent by certified mail, return receipt requested.
(b) An employer who does
not respond pursuant to section (3)(a) of this rule, shall be deemed conclusively
to have elected to resign as a training agent from all such programs. The Division
shall notify the committees serving programs in which the employer had participated
that the employer's training agent status has been revoked by operation of this
rule.
(5) In limited cases where
special conditions exist, the Council may consider an employer’s request to
participate in multiple programs in the same occupation within the same geographical
area:
(a) When an individual construction
project has special conditions warranting consideration for multiple training agent
status, the employer must work with all committees involved to establish a plan
that provides for the health, safety, and continuity of employment for all apprentices.
(b) When the committees and
employer have reached agreement on a plan that will enhance the training opportunities
for all apprentices, they shall jointly submit a written request to the Council
outlining their plan and requesting the exemption from section (2) of this rule.
(6) An employer with a principal
place of business outside the geographic jurisdiction of a local committee may seek
approval to register with that local committee as a training agent. Each such employer
must agree to comply with Oregon state, county and municipal laws, rules and ordinances
and the rules, policies, procedures and standards of the local committee.
(a) The employer and the
local committee must agree on the manner in which local apprentices will be utilized.
(b) Registration as a training
agent in Oregon is not required if the employer is approved as a training agent
in a state that participates in the multi-state apprenticeship reciprocity agreement,
provided:
(A) The standards are equivalent
to Oregon apprenticeship standards for the occupation; and
(B) The employer and sponsor
maintain good standing in their home state.
(b) Reciprocal approval for
federal purposes is accorded to contractors, apprentices, apprenticeship programs
and standards that are registered with the USDOL Office of Apprenticeship (“OA”)
or registered to other State Apprenticeship Registration Agencies duly recognized
by OA for federal public works projects in Oregon that are subject to the Davis-Bacon
Act, in accordance with 29 CFR 29.5(b)(13).
(c) Reciprocal approval for
non-federal purposes will be accorded to contractors, apprentices, apprenticeship
programs and standards that are registered with the USDOL Office of Apprenticeship
or a duly authorized State Registration Agency:
(A) The apprenticeship standards
must be equivalent to Oregon standards for the occupation.
(B) The employer and its
sponsor must have passed any probationary period mandated by their registration
agency.
(C) Recognition of reciprocity
is valid for one (1) year. A new letter of recognition shall be issued upon request
accompanied by required documentation.
(D) For occupations requiring
an Oregon plumbing or electrical license, employers and apprentices must be registered
with an Oregon committee in order to obtain the required apprentice license.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)
& 660.137(5)

Hist.: BL 17-1979, f. &
ef. 11-8-79; BL 1-1991, f. & cert. ef. 1-23-91; BLI 2-1999, f. & cert. ef.
4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 1-2012, f. & cert. ef.
1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0170
Committee 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 conduct other committee business.
(A) All disciplinary actions
require a physical meeting. Electronic polling is prohibited for issues requiring
the personal appearance of applicants, apprentices, trainees, training agents or
employers.
(B) Committees may vote to
take all other actions by facsimile, e-mail or other electronic media if by-laws
permitting such voting have been adopted.
(b) State committees should
hold at least one (1) physical meeting every three (3) years to review guideline
standards. Additional meetings may be called by the state committee chair, at the
request of a majority of state committee members or at Council direction. A quorum
of members must be physically present at meetings to vote on proposed revisions
to guideline standards.
(2) As required in ORS Chapter
660.135(3), each committee secretary shall be responsible for the preparation, maintenance
and submission to the Division of committee meeting minutes, including actions pertaining
to apprentices and all supporting documentation.
(a) All committee meeting
minutes shall be submitted in a format approved by the Division within ten (10)
working days of the meeting.
(b) All committee actions
noted in meeting minutes shall be recorded and processed by the Division within
fourteen (14) working days of receipt of the minutes.
Stat. Auth.: ORS 660.120(1)

Stats. Implemented: ORS 660.120(1)
& 660.135(4)

Hist.: BL 6-1994, f. &
cert. ef. 10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 9-2012(Temp), f. & cert. ef. 8-15-12 thru 1-29-13; Administrative
correction, 2-25-13; BLI 6-2015(Temp), f. & cert. ef. 6-1-15 thru 11-27-15;
BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0175
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
of the appearance date for the consideration of the cancellation.
Stat. Auth.: ORS 660.137(4)

Stats. Implemented: ORS 660

Hist.: BL 6-1994, f. &
cert. ef. 10-10-94; BL 11-1996, f. & cert. ef. 12-10-96; BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 1-2012, f. & cert. ef. 1-3-12; BLI 15-2015, f. & cert.
ef. 11-12-15
839-011-0200
Equal Employment Opportunity in
Apprenticeship
The Council hereby adopts the "Equal
Opportunity in Apprenticeship Plan," effective April 1, 1999 and incorporated by
reference as if fully set forth in these rules.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120

Hist.: BL 120, f. 2-16-72,
ef. 3-1-72; BL 151(Temp), f. & ef. 12-19-73; BL 159, f. 3-8-74, ef. 4-11-74;
BL 168, f. 10-11-74, ef. 11-11-74; BL 9-1978(Temp), f. & ef. 9-15-78; BL 13-1978,
f. & ef. 12-8-78; BL 2-1988, f. & cert. ef. 2-19-88; BL 1-1991, f. &
cert. ef. 1-23-91; BL 8-1991(Temp), f. 8-15-91, cert. ef. 9-1-91; BLI 2-1999, f.
& cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 15-2015,
f. & cert. ef. 11-12-15
839-011-0250
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, until such dispute
has been resolved or the representative union has tendered a written waiver of its
objections to the employer or prospective employer’s participation, the Council
will not:
(a) Approve changes in existing
standards;
(b) Approve new standards;
(c) Register additional apprentices
for the employer; or
(d) Review the employer’s
application for a new committee.
(2) 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 multi-employer program, until
such dispute has been resolved or the representative union has tended a written
waiver of its objections to the employer or prospective employer’s participation,
the local committee will not:
(a) Provide additional apprentices
to the employer or prospective employer engaged in the labor dispute; or
(b) Grant training agent
status.
(3) For purposes of this
rule, a labor dispute exists for an employer where:
(a) There is a collective
bargaining agreement in effect, or where employees have voted for a bargaining agreement;
and
(b) There is a strike, lock
out or work stoppage.
(4) Apprentices or trainees
subject to apprenticeship or training agreements and employed in an establishment
involved in a labor dispute where the employees have voted for a bargaining unit
and a strike is in progress are not in violation of their agreements if they leave
their employment until settlement of the labor dispute.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120

Hist.: BL 7-1986, f. &
ef. 7-14-86; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert.
ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0260
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 and agreement of the appropriate local committee
in the new area.
(2) Each local committee
shall develop and uniformly implement a policy defining its processes and procedures
for the immigration of employers and apprentices into its geographical area and
jurisdiction including, but not limited to:
(a) The authorization of
approved training agents domiciled in other jurisdictions;
(b) The portability of apprentices;
and
(c) The hiring priority,
if any, of unemployed apprentices within the jurisdiction.
(3) The policies of each
committee shall be reviewed and approved by Division staff on behalf of the Council.
(4) In the event that a policy
is not approved by the Division, it shall be referred to the Council's Rules and
Policy Subcommittee for review and action.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120

Hist.: BL 7-1986, f. &
ef. 7-14-86; BL 1-1991, f. & cert. ef. 1-23-91; BLI 2-1999, f. & cert. ef.
4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef.
11-12-15
839-011-0265
Partial Rotation of Apprentices
(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 experience
equaling at least 50% of the hours listed in any of the work processes must provide
and document additional related training to compensate for the lack of on-the-job
training. A written statement, held in the apprentice’s files, shall document
such compensatory training and shall include, date, time, place, hours and instructor.
In no event may distance learning classes be used to compensate for deficiencies
in total work process hours.
(2) For licensed occupations,
all variations in work processes must be within the statutory limits governing the
trade.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120

Hist.: BLI 2-1999, f. &
cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 1-2012, f. &
cert. ef. 1-3-12; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0270
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 Council, the Director may:
(a) Cancel an apprenticeship
agreement:
(A) At the apprentice's request;
or
(B) For good cause as defined
by ORS Chapter 660.060(7) or;
(C) In the case of program
deregistration, or for the failure to hold registered training standards.
(b) Complete an apprenticeship
agreement when documentation has been submitted to the Director demonstrating that
the apprentice has fulfilled the required related instruction and on the job training
as set forth in the standards established by the committee.
(2) Absent exceptional circumstances
demonstrated by a local committee, apprentices referred for a license exam will
be administratively completed by the Director within one (1) year of referral, with
or without benefit of license. Examples of exceptional circumstances are military
service; illness; injury or incapacitation of the apprentice.
(a) Local committees may
complete apprentices without benefit of license earlier than one (1) year of referral
in accordance with approved committee policies and procedures.
(3) Such action by the Director
or the committee shall be taken pursuant to the following procedure:
(a) Notice and an opportunity
to show cause to the Council, through the Division, shall be provided by certified
mail to the apprentice, employer, committee, Council and any interested parties
before any action to administratively complete or cancel an agreement; and
(b) Written notice to the
apprentice, committee, Council and any interested parties of the final action taken
by the Director.
(4) An apprentice may appeal
an administrative cancellation as an order other than a contested case order under
ORS Chapter 183.484.
Stat. Auth.: ORS 660.120

Stats. Implemented: ORS 660.120(2)(f)

Hist.: BL 7-1986, f. &
ef. 7-14-86; BL 1-1991, f. & cert. ef. 1-23-91; BLI 2-1999, f. & cert. ef.
4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 1-2012, f. & cert. ef.
1-3-12; BLI 6-2015(Temp), f. & cert. ef. 6-1-15 thru 11-27-15; BLI 15-2015,
f. & cert. ef. 11-12-15
839-011-0280
Electrical Apprentices — Indirect
Supervision
(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. Apprentice
license formats shall be jointly agreed to by the Division and the Oregon Building
Codes Division.
(2) All electrical apprentices
must be directly supervised in accordance with OAR 839-011-0143, unless approved
for indirect supervision.
(3) Pursuant to OAR 918-282-0270(3),
a local committee may take action to permit electrical apprentices to work under
indirect supervision during their final period of apprenticeship provided they have
met the provisions of ORS Chapter 660.126(3) and ORS Chapter 479.510 to 479.860
and have:
(a) Completed at least 6,500
hours of on-the-job training for licenses requiring 8,000 hours of apprenticeship
training, or 5,000 hours of on-the-job training for licenses requiring 6,000 hours
of apprenticeship training; and
(b) Successfully completed
related training appropriate to the required 6,500 hours of on-the-job training
in an 8,000 hour program or related training appropriate to the required 5,000 hours
in a 6,000 hour program.
(4) Indirect supervision
licenses will be issued by the Division upon notification of committee approval
and reissued for the duration of the program unless the committee takes action to
rescind approval.
(5) All apprentices count
towards the ratio specified in the standards, regardless of supervision status.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.126(3),
479.510 - 479.860 & OAR 918-282-027

Hist.: BL 11-1989(Temp),
f. & cert. ef. 12-26-89; BL 17-1990, f. & cert. ef. 11-23-90; BLI 2-1999,
f. & cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 15-2015,
f. & cert. ef. 11-12-15
839-011-0290
Plumber Apprentices — Phased
Supervision
(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 Division
and the Oregon Building Codes Division.
(2) All apprentices and trainees
must be directly supervised in accordance with OAR 839-011-0143, unless approved
for phased supervision.
(3) Pursuant to OAR 918-695-0140,
a local committee may take action to permit plumbing apprentices to work under phased
supervision under the following circumstances:
(a) The plumber apprentice
must work in the physical presence of an appropriate journey level plumber; and
(b) An appropriate journey
level plumber present at the immediate work site at all times, except for not more
than a cumulative thirty (30) minutes during any work shift during which time the
journey worker is immediately available by voice communication.
(4) The plumber apprentice
may work under phased supervision when the following specific conditions are met:
(a) The appropriate journey
worker is immediately available to the apprentice by voice communication (immediately
available means that the apprentice can reach the appropriate journey worker within
a 15-minute period);
(b) The appropriate journey
worker meets with the apprentice at least once each day to go over the work done
by the apprentice;
(c) The activity is consistent
with the committee's work requirements as established in its written policy;
(d) There is only one apprentice
on the job site; and
(e) The apprentice has been
specifically approved for one (1) or more of the following phases:
(A) Phase 1: The apprentice
only engages in water heater replacement or conversion after completing at least
six (6) months of work experience, eight (8) hours of related instruction and is
evaluated and authorized to do this type of work by the committee;
(B) Phase 2: The apprentice
engages in work covered in Phase 1 and minor repairs in a one (1) or two (2) family
dwelling after completion of three (3) periods of work experience, the appropriate
related instruction for three (3) periods and is evaluated and authorized to do
this type of work by the committee;
(C) Phase 3: The apprentice
engages in work covered in Phase 1 and 2, and general repairs and replacement of
existing installations after completion of four (4) periods of work experience,
the appropriate related instruction for four (4) periods and is evaluated and authorized
to do this type of work by the committee; or
(D) Phase 4: The apprentice
engages in work covered in Phase 1, 2 and 3, and new or remodel installations after
completing five (5) periods of work experience, the appropriate related instruction
for five (5) periods and is evaluated and authorized to do this type of work by
the committee.
(5) Phased supervision licenses
will be issued by the Division upon notification of committee approval and reissued
for the duration of the program unless the committee takes action to rescind approval.
Stat. Auth.: ORS 660.120(3)

Stats. Implemented: ORS 693.040

Hist.: BLI 2-1999, f. &
cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 5-2011(Temp), f.
7-13-11, cert. ef. 7-18-11 thru 1-4-12; BLI 1-2012, f. & cert. ef. 1-3-12; BLI
15-2015, f. & cert. ef. 11-12-15
839-011-0300
Effective Date of Council 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.
Stat. Auth.: ORS 660.120(1)

Stats. Implemented: ORS 660.120

Hist.: BL 7-1991, f. &
cert. ef. 8-15-91 (and corrected 2-3-92); BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0310
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 approved committee
policies and procedures; and
(c) Copy of the apprenticeship
agreement.
(2) Within the constraints
of industry and market conditions, the apprentice has the right to be employed and
diligently and faithfully trained by the committee’s approved training agents
in accordance with the terms and conditions of the Apprenticeship Agreement and
Apprenticeship Standards.
(3) The apprentice has the
right to minimum compensation at the apprentice rate of pay as determined by the
local apprenticeship committee pursuant to the standards or appropriate prevailing
wage classification for all activities performed subsequent to the normal start
time of the regular work day and prior to the completion of assigned duties during
the work day.
(4) The apprentice has the
right to classroom and workplace conditions that are free of harassment or intimidation.
(a) “Harassment or
intimidation” includes any act that takes place on or immediately adjacent
to apprenticeship classrooms or training agent work sites that:
(A) Substantially interferes
with the apprentice’s educational benefits, opportunities or performance;
and
(B) Has the effect of:
(i) Physically harming an
apprentice or damaging an apprentice’s property; or
(ii) Knowingly placing an
apprentice in reasonable fear of physical harm to the apprentice or damage to the
apprentice’s property; or
(iii) Creating a hostile
educational environment, including interfering with the psychological well-being
of an apprentice; and
(C) May be based on, but
not limited to, the protected class status of a person.
(5) If a probationary apprentice’s
registration agreement is suspended, the time spent on suspension will not apply
to the calculation of one year.
Stat. Auth.: ORS 660.120(1)

Stats. Implemented: ORS 660.120(2)(a)

Hist.: BL 7-1991, f. &
cert. ef. 8-15-91 (and corrected 2-3-92); BLI 2-1999, f. & cert. ef. 4-2-99;
BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 1-2012, f. & cert. ef. 1-3-12;
BLI 6-2015(Temp), f. & cert. ef. 6-1-15 thru 11-27-15; BLI 15-2015, f. &
cert. ef. 11-12-15
839-011-0320
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 seeking approval for:
(a) New committee;
(b) New standards or;
(c) Other submittals that
do not have a staff recommendation for approval.
(2) When a committee member
or designee is not required to be present at a subcommittee meeting and questions
or deficiencies are noted, the committee will be given ten (10) working days to
correct the deficiencies and obtain a Division recommendation for approval.
(a) If deficiencies are corrected,
the submittal will be moved to the Council agenda.
(b) Any submittal with deficiencies
not corrected within the ten (10) day time limit will be referred to the next meeting
of the appropriate subcommittee.
(3) The Director may make
exceptions to this rule upon receipt of a written request from the committee setting
forth circumstances, such as an emergency or undue hardship, that might justify
a failure to attend subcommittee meeting.
Stat. Auth.: ORS 660.120(1)

Stats. Implemented: ORS 660.120(2)(a)

Hist.: BL 7-1991, f. &
cert. ef. 8-15-91 (and corrected 2-3-92); BLI 2-1999, f. & cert. ef. 4-2-99;
BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 1-2012, f. & cert. ef. 1-3-12;
BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0334
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 protected class status, an
applicant who is otherwise eligible for selection as an apprentice under the selection
method approved by the Council for use by the local committee may be directly registered
to a family business or the applicant's current employer, subject to the consent
of the applicant, regardless of whether another employer would otherwise be entitled
to register the applicant under the selection method used by the local committee.
(2) As used in this section,
"otherwise eligible for selection as an apprentice under the selection method approved
by the Council for use by the local committee" shall mean that the applicant:
(a) Has met the minimum qualifications
for entry into the program; and
(b) Has been evaluated or
ranked by the local committee pursuant to the procedure set forth in its approved
selection method; and
(c) Based on that evaluation
or ranking, is the next applicant or in the immediate group of applicants eligible
to be assigned or dispatched to a registered training agent pursuant to the local
committee's approved selection method.
(3) When submitting a new
or revised selection method to the Council for approval, local committees must indicate
whether they will be using an exception to the selection methods established in
Title 29 CFR Part 30 and must note in their committee minutes when an individual
is registered pursuant to subsections (1) and (2) above.
(4) Nothing in this rule
is intended or should be interpreted as discouraging the use of a qualification
standard or selection method on the basis of relative qualifications, if the qualification
standard or selection criteria have been validated in accord with the guidelines
established in Title 41 CFR Part 60-3.6.
Stat. Auth.: ORS 660.120(1)

Stats. Implemented: ORS 660.139

Hist.: BLI 17-1999, f. &
cert. ef. 12-20-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 1-2012, f. &
cert. ef. 1-3-122; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0335
Pre-apprenticeship Programs
(1) Pre-apprenticeship is a program
designed to prepare under-represented, disadvantaged or low-skilled individuals
to enter and succeed in a registered apprenticeship program and has a documented
partnership with at least one, if not more, registered apprenticeship committee(s).
In order to be used by a registered apprenticeship committee as a direct entry or
preferred applicant source, a pre-apprenticeship program must be approved by the
Council and incorporate the following elements:
(a) Council approved training
and curriculum based on industry standards;
(b) Detailed recruitment
strategies focused on outreach to under-represented populations;
(c) Provides assistance in
exposing participants to registered apprenticeship programs and provides direct
assistance to participants applying to those programs;
(d) Provides hands-on training
to individuals in a simulated lab experience or through volunteer opportunities,
when possible, neither of which supplants a paid employee but accurately simulates
the industry and occupational conditions of the partnering registered apprenticeship
sponsor(s) while observing proper supervision and safety protocols;
(e) Provides facilitated
entry or articulation with one or more registered apprenticeship programs and where
possible, has a formalized agreement with a registered apprenticeship program that
enables individuals who have successfully completed the pre-apprenticeship program
to enter directly into a registered apprenticeship program and/or include articulation
agreements for earning advanced credit/placement for skills and competencies already
acquired.
(f) Provide a letter of approval
from one or more registered apprenticeship committee stating that the proposed pre-apprenticeship
program will prepare individuals with the skills and competencies needed to meet
the minimum entry requirements of the program and that upon completion, completing
pre-apprentices will meet the minimum entry requirements, gain consideration, and
are prepared for success in the program as a preferred applicant source.
(2) Written request for Council
approval of a pre-apprenticeship program shall include the following information:
(a) Identification of the
need for the pre-apprenticeship program and the target population served;
(b) A statement clearly describing
the program and the organization sponsoring and operating the pre-apprenticeship
training;
(c) A statement of program
objectives, outcomes, participant competencies upon completion and benchmarks for
success;
(d) A course outline providing
an overview of the academic and manipulative portions of the program. Individual
course descriptions, class hours and measurement tool(s) used to determine successful
completion of classes should be provided in this section.
(e) A description of the
training facilities used for pre-apprenticeship training.
(f) A list of the knowledge,
skills and abilities required to be an instructor in this program.
(3) Pre-apprenticeship program
sponsors agree to provide the Council with a list of pre-apprenticeship program
graduates at least once every six (6) months indicating the names, addresses and
other identifying information for program completers on a form designated by the
Division.
(4) Upon due notice and a
reasonable opportunity to show cause, the Council may revoke pre-apprenticeship
program approval should it find that the program is not serving the intended purposes
of the program in the best interest of registered apprenticeship
Stat. Auth.: ORS 660.120

Stats. Implemented: ORS 660.126,
660.137

Hist.: BLI 15-2015, f. &
cert. ef. 11-12-15
Youth Apprenticeship Rules
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 standards must
directly relate to an apprenticeable occupation recognized by federal Office of
Apprenticeship.
Stat. Auth.: ORS 344.745 & 344.750,
660.120

Stats. Implemented: ORS 344.745
& 344.750, 660.120

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0402
Youth Apprentice 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 ORS Chapter 344.745 shall prevail over the committee's standards should any conflict
exist.
Stat. Auth.: ORS 344.745, 660.120

Stats. Implemented: ORS 344.745

Hist.: BL 2-1992, f. &
cert. ef. 1-14-92; BL 3-1994, f. & cert. ef. 6-3-94; Renumbered from 839-011-0420,
BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0403
Youth Apprentice 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 participate
as a youth apprentice, a student must demonstrate career exploration competencies
contained in a curriculum approved by the Oregon State Board of Education.
(3) In no case shall a youth
apprentice displace a regular apprentice.
Stat. Auth.: ORS 344.745, 660.120

Stats. Implemented: ORS 344.745

Hist.: BL 2-1992, f. &
cert. ef. 1-14-92; BLI 2-1999, f. & cert. ef. 4-2-99; Renumbered from 839-011-0400,
BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0404
Youth Apprentice 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 authorization to participate.
The committee will review the request and respond in writing with a copy to the
Director.
(3) Approved youth apprenticeship
training agents in the building and construction trades shall be permitted only
one (1) youth apprentice without concurrently training/hiring adult apprentices.
Stat. Auth.: ORS 344.745 & 344.750,
660.120

Stats. Implemented: ORS 344.745,
660.120 & 660.137

Hist.: BL 2-1992, f. &
cert. ef. 1-14-92; BL 3-1994, f. & cert. ef. 6-3-94; BLI 2-1999, f. & cert.
ef. 4-2-99; Renumbered from 839-011-0440, BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10;
BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0405
Youth Apprentice 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 supervision at all other times to ensure optimal safety while
on the job.
Stat. Auth.: ORS 344.750, 660.120

Stats. Implemented: ORS 660.120

Hist.: BL 2-1992, f. &
cert. ef. 1-14-92; BL 7-1993, f. & cert. ef. 7-12-93; BL 3-1994, f. & cert.
ef. 6-3-94; Renumbered from 839-011-0430, BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10;
BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0406
Youth Apprentice Ratios
(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 apprentices, but shall be counted
separately and concurrently;
(b) A training agent is permitted
to participate in the youth apprenticeship program without concurrently training/hiring
adult apprentices; and
(c) At no time shall the
total number of youth apprentices and adult apprentices exceed the number of journey
persons for any job or training agent.
(2) The ratio shall be job
and/or training agent specific in application.
Stat. Auth.: ORS 344.745 & 344.750,
660.120

Stats. Implemented: ORS 344.745,
660.120

Hist.: BL 4-1994, f. &
cert. ef. 6-13-94; BLI 2-1999, f. & cert. ef. 4-2-99; Renumbered from 839-011-0480,
BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0407
Youth Apprentice 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 participation in classroom instruction, related instruction,
and on-the-job training.
Stat. Auth.: ORS 344.745 & 344.750,
660.120

Stats. Implemented: ORS 344.745
& 344.750

Hist.: BL 2-1992, f. &
cert. ef. 1-14-92; BL 7-1993, f. & cert. ef. 7-12-93; BL 3-1994, f. & cert.
ef. 6-3-94; Renumbered from 839-011-0410, BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10;
BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0408
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 apprenticeship standards and these rules.
Stat. Auth.: ORS 660.120

Stats. Implemented: ORS 660.120

Hist.: BL 2-1992, f. &
cert. ef. 1-14-92; Renumbered from 839-011-0450, BLI 18-2010, f. 7-29-10, cert.
ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
Investigative Subpoenas and Enforcement
of Subpoenasby State Apprenticeship and Training Council
839-011-0501
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
660.002 to 660.210.
(2) While conducting investigations,
ORS Chapter 660.120 gives the Council the authority to issue subpoenas ad testificandum
and subpoenas duces tecum, administer oaths, obtain evidence and take testimony.
(3) These rules govern the
Council’s gathering of information through subpoenas or testimony and establish
procedures through which a subpoenaed party may object to answering questions or
producing any document or other thing subpoenaed.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0505
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, including but not limited to all mechanical, electronic,
sound or video recordings or their transcripts, photographs, electronic files and
computer stored data.
(3) “Other thing”
means any existing tangible object that is not a “document.”
(4) “Party” means
any person who has been served by a subpoena under these rules.
(5) “Person”
means any individual, partnership, corporation, association, governmental subdivision,
or public or private organization of any character.
(6) “Subpoena ad testificandum”
is a subpoena that requires an individual to appear and give testimony under oath.
(7) “Subpoena duces
tecum” is a subpoena that requires the production of documents or other things.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0510
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 reasonable in scope under
matters relating to the duties required under ORS Chapter 660.002 to 660.210.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0515
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 an investigation being conducted by the
Council under ORS Chapter 660.002 to 660.210;
(b) The information sought
from the person is relevant to a lawful investigative purpose and is reasonable
in scope; and
(c) The Council has been
unable to interview the person after having made reasonable attempts to do so, or
the person states that he or she will only consent to an interview if first served
with a subpoena.
(2) The Council may also
issue a subpoena ad testificandum to compel a person to testify under oath about
the contents of documents or other things produced in response to subpoena duces
tecum served on the same person.
(3) The Council may issue
a subpoena duces tecum to compel a person to produce documents or other things when:
(a) The Council determines
that the documents or other things are relevant to the Council’s investigation
being conducted under ORS Chapter 660.002 to 660.210;
(b) The documents or other
things sought are relevant to a lawful investigative purpose and are reasonable
in scope; and
(c) The Council has made
a written request for production of documents or things and the person to whom the
request was made has failed to comply within the time specified by the Council,
unless the Council finds a subpoena is necessary to protect the documents and things
from destruction.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0520
Who May Issue Subpoenas
The Council or the Council’s designees
may issue subpoenas.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0525
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 839-011-0515(3)
have been met.
(2) A subpoena duces tecum
issued to a corporation will be addressed to the records custodian of the corporation.
(3) A subpoena duces tecum
will not require production of documents or other things less than fourteen (14)
days from the date of service upon the person required to produce and permit inspection
of the documents or other things unless the Council finds a shorter period necessary
to protect the documents and other things from destruction or if the Council has
an immediate need for the documents or other things being subpoenaed.
(4) The Council may also
command the person to whom a subpoena duces tecum is issued to produce documents
and other things by mail or otherwise, at a time and place specified in the subpoena,
without commanding inspection of the originals. The person to whom the subpoena
is directed complies if the person produces copies of the specified items in the
specified manner and certifies that the copies are true copies of all documents
and other things responsive to the subpoena.
(5) The subpoenaed documents
and other things must be produced at the location, time, and date required in the
subpoena.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0530
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 person a reasonable time for preparation and travel to the place of
attendance and the place of attendance must be suitable place in the vicinity to
which testimony is applicable.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0535
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 fees to which the person is entitled for travel to and from the place where
the witness is commanded to appear, along with one (1) day’s attendance fee.
A subpoena may be served by any person 18 years of age or older.
(2) Subpoenas ad testificandum
may be served by mail under the following circumstances:
(a) The Council must have,
by personal or telephone contact, confirmed the witness’s willingness to appear
if subpoenaed and certify this on the return of service;
(b) The Council made arrangements
for payment to the witness of fees and mileage satisfactory to the witness and pays
those fees and mileage; and
(c) The subpoena is sent
by certified mail to the witness more than ten (10) days before the date set for
appearance or production of documents or other things and the Council receives a
return receipt signed by the witness more than three (3) days prior to that date.
(3) A subpoena duces tecum
that commands production of documents or other things but is not accompanied by
a subpoena ad testificandum may be served by mail by mailing the subpoena to the
person required to produce and permit inspection of the documents or things by first
class mail and by certified or registered mail, return receipt requested.
(4) A subpoena duces tecum
issued to a corporation will be served in accordance with requirements for service
of summons on a corporation pursuant to ORCP 7 D(3)(b).
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0540
Fees
All persons subpoenaed by the Council
must be paid the mileage and per diem set out in ORS 44.415(2).
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0545
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 information sought
is irrelevant to a lawful investigative purpose;
(b) The information sought
is unreasonable in scope;
(c) The witness is ordered
to appear to give testimony in a place that is not suitable or not in the vicinity
to which the testimony is applicable;
(d) The time and expense
involved in copying the documents sought. In order to have this objection considered,
a person making this objection must include a written estimate of the time involved
and number of copies to be made in order to comply with the subpoena;
(e) Reasonable cause to refuse
to comply; or
(f) Any other basis that
may be asserted under Oregon law.
(2) Objections to subpoenas
must be in writing and must be received by the Council at least seven (7) calendar
days before the time that the witness is subpoenaed to testify or provide documents
or other things.
(3) If a subpoenaed witness
refuses to answer specific questions while giving testimony, the witness must state
the reason for the objection at the time that the witness refuses to answer the
questions.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0550
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 Council will
provide a check to the person subpoenaed to pay for the estimated time and expense,
calculated at the rates set out in OAR 839-011-0060. The Council may provide this
check before or at the time the witness is subpoenaed to provide documents or other
things.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0555
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 affirmation will be administered
by an officer authorized to administer oaths in Oregon, generally a notary public.
(2) The witness’s testimony
will be preserved by an audio or video recording. Upon request, the Council will
give the witness a copy of the recording at no cost.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0560
Failure to Appear
If a person served with a subpoena fails
to appear and has not filed any prior objections, the Council will conclude that
the person has refused, without reasonable cause, to answer any question or to produce
any document or other thing.
Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15
839-011-0565
Enforcement of Subpoena
If a person served with a subpoena refuses,
without reasonable cause, to be examined, to answer any question or to produce any
document or other thing as required by the subpoena, the Council may petition the
circuit court in the county in which the investigation is pending for an order directing
the person to show cause why the person has not complied with the subpoena and should
not be held in contempt. The Council shall serve the court’s order upon the
person in the manner provided by Oregon Rules of Civil Procedure 55 D.
Stat. Auth.: ORS chapter 660

Stats. Implemented: ORS 660.120(1),
ORCP 7

Hist.: BLI 18-2010, f. 7-29-10,
cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11-12-15

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
Read Entire Law on arcweb.sos.state.or.us