Alabama Office of Apprenticeship - Created; purposes; management; application for recognition.

(a) The Alabama Office of Apprenticeship is established as a part of the Workforce Development Division of the Department of Commerce, in accordance with 29 U.S.C. §50, 29 C.F.R., Subtitle A, Parts 29 and 30, and Article 20 of Chapter 18 of Title 40, the Apprenticeship Tax Credit Act of 2016. The Alabama Office of Apprenticeship is established for all of the following purposes:

(1) To exercise nonexclusive authority to determine whether an apprenticeship program conforms to the regulations published in 29 C.F.R., Subtitle A, Parts 29 and 30.

(2) To set forth labor standards necessary to safeguard the welfare of apprentices.

(3) To establish policies and procedures for the registration and deregistration of preapprenticeships, youth registered apprenticeships, and registered apprenticeships.

(4) To serve as the registration agency for preapprenticeships, youth registered apprenticeships, registered apprenticeships, and industry-recognized apprenticeships in the state when the sponsor of such programs chooses to certify or register the programs with the Alabama Office of Apprenticeship.

(5) To resolve disputes arising between the parties involved in an apprenticeship agreement registered by the Alabama Office of Apprenticeship.

(b) The Alabama Office of Apprenticeship shall be maintained under the direction of the Deputy Secretary of the Workforce Development Division of the Department of Commerce. The deputy secretary, with the advice and consent of the Alabama Apprenticeship Council created pursuant to Section 41-29-334, may appoint a director for the Alabama Office of Apprenticeship, who shall serve at the pleasure of the deputy secretary, shall manage the Alabama Office of Apprenticeship, and shall perform such duties as necessary to effectuate the intent of this division.

(c) The deputy secretary, no later than June 30, 2019, with the advice and consent of the Alabama Apprenticeship Council, shall submit to the United States Secretary of Labor and the Administrator of the national Office of Apprenticeship, in accordance with 29 C.F.R. §29.13(a), an application to recognize the Alabama Office of Apprenticeship as a state apprenticeship agency that shall comply with 29 C.F.R. §29.13(a)-(c). The application for recognition as a state apprentice agency, submitted by the deputy secretary, shall include all of the following elements:

(1) A description of policies and operating procedures that depart from, or impose requirements in addition to, 29 C.F.R., Subtitle A, Part 29.

(2) A state plan for equal employment opportunity in apprenticeship that conforms to the requirements published in 29 C.F.R., Subtitle A, Part 30.

(3) A description of the basic standards, criteria, requirements for program registration or approval, or both, and a demonstration of the linkages and coordination with the economic development and publicly funded workforce investment system of the state.

(4) A description of how the Alabama Office of Apprenticeship will utilize the Alabama Apprenticeship Council.

(5) A description of the respective powers of the Alabama Office of Apprenticeship and the Alabama Apprenticeship Council.

(6) A description of the required contents of apprenticeship agreements, in conformity with 29 C.F.R. §29.7.

(7) A plan to ensure that the registration of apprenticeship programs occurs only in apprenticeable occupations, as provided in 29 C.F.R. §29.4, including occupations in high growth and high demand industries, including a description of how the Alabama Office of Apprenticeship will expand apprenticeship opportunities in apprenticeable occupations listed on the regional and statewide list of in-demand career pathways.

(8) A plan to accord reciprocal approval, for federal purposes, to apprentices, apprenticeship programs, and standards that are registered in other states by the national Office of Apprenticeship or a registration agency, if such reciprocity is requested by the apprenticeship program sponsor. Program sponsors seeking reciprocal approval shall meet wage and hour provisions and apprentice ratio standards of this state.

(9) A plan providing for the cancellation or deregulation, or both, of programs for temporary suspension, cancellation, or deregistration, or any of these, of apprenticeship agreements.

(Act 2019-506, §3.)