LAWRENCE J. HOGAN, JR., Governor Ch. 125
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Chapter 125
(Senate Bill 205)
AN ACT concerning
Division of Workforce Development and Adult Learning – Apprenticeship and
Training Council – Sunset Extension
FOR the purpose of continuing the Apprenticeship and Training Council in accordance with
the provisions of the Maryland Program Evaluation Act (sunset law) by extending to
a certain date the termination provisions relating to the statutory and regulatory
authority of the Council; and generally relating to the Apprenticeship and Training
Council.
BY repealing and reenacting, with amendments,
Article – Labor and Employment
Section 11–402
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Labor and Employment
Section 11–403 through 11–405
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND,
That the Laws of Maryland read as follows:
Article – Labor and Employment
11–402.
Subject to the evaluation and reestablishment provisions of the Maryland Program
Evaluation Act, §§ 11–403 through 11–405 of this subtitle shall terminate on July 1, [2024]
2034 2025 2034.
11–403.
(a) The Division of Workforce Development and Adult Learning is the designated
State Apprenticeship Agency under Title 29, C.F.R. Parts 29 and 30.
(b) (1) There is an Apprenticeship and Training Council as part of the Division
of Workforce Development and Adult Learning. The Council consists of 12 members all of Ch. 125 2022 LAWS OF MARYLAND
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whom shall be appointed by the Governor of Maryland, with the advice of the Secretary
and with the advice and consent of the Senate of Maryland.
(2) Four of the members shall be representatives of employee
organizations; one shall be an employee; five shall be representatives of employers; and two
shall be appointed from the general public.
(3) The membership of the Council shall, to the extent practicable, reflect
the geographic, racial, ethnic, cultural, and gender diversity of the State and shall include
representation by individuals with disabilities. Consultants to the Council shall, to the
extent practicable, reflect the geographic, racial, ethnic, cultural, and gender diversity of
the State and shall include representation by individuals with disabilities.
(4) In advising the Governor, the Secretary shall give consideration to a
balanced geographic representation from all of Maryland and a representative sampling
and mix of Maryland industry.
(5) One member shall be appointed as Chairman by the Governor, with the
advice of the Secretary, and serve as Chairman at the pleasure of the Governor. The
Assistant State Superintendent, Career and Technology Education, and the Maryland
State Director of the Office of Apprenticeship, U.S. Department of Labor, shall serve as
consultants to the Council without vote.
(6) The Governor, with the advice of the Secretary may appoint up to three
additional consultants to the Council from the public at large.
(c) All appointments as members of the Council shall be for terms of 4 years.
(d) (1) Except as provided in paragraph (2) of this subsection and subject to
paragraph (3) of this subsection, a member shall be considered to have resigned if the
member did not attend at least two–thirds of the Council meetings held during any
consecutive 12–month period while the member was serving on the Council.
(2) The Governor may waive a member’s resignation and allow the member
to continue serving if the member has been unable to attend meetings for reasons
satisfactory to the Governor and the reasons are made public.
(3) In accordance with § 8–501 of the State Government Article, the
Chairman shall provide notice to the Governor and the Governor shall appoint a successor.
11–404.
The members of the Council shall receive per diem compensation as provided in the
State budget for each day actually engaged in the discharge of their official duties as well
as reimbursement for expenses in accordance with the Standard State Travel Regulations.
The Director of Apprenticeship and Training shall act as secretary. LAWRENCE J. HOGAN, JR., Governor Ch. 125
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11–405.
(a) The duties of the Council shall be to:
(1) advise the Division of Workforce Development and Adult Learning on
the apprenticeability of occupations in the State of Maryland;
(2) encourage the establishment of local apprenticeship committees where
the committees are needed;
(3) make recommendations regarding the formulation and adoption of
standards of apprenticeship which safeguard the welfare of apprentices, being guided, but
not controlled, by the standards of apprenticeship recommended by the federal committee
on apprenticeship;
(4) make recommendations regarding the formulation of policies for the
overall apprenticeship program;
(5) make recommendations regarding the registration of standards of
apprenticeship of the groups or employers that elect to conform with the provisions of this
subtitle;
(6) make recommendations regarding the registration of apprenticeship
agreements which conform to the standards of apprenticeship adopted by the Division of
Workforce Development and Adult Learning;
(7) recommend the issuance of certificates of completion of apprenticeship
to apprentices who are registered with the Division of Workforce Development and Adult
Learning when the Division determines that such apprentices have completed successfully
their apprenticeship;
(8) seek all information pertaining to apprenticeship training in the State;
(9) prescribe its rules of procedure and duties of the Chairman, Director,
and Secretary subject to the provisions of this law; and
(10) perform other advisory functions as the Governor or the Secretary may
direct or as may come within the scope of the Council.
(b) (1) No person, firm, or corporation may offer, establish, maintain, or
operate an apprenticeship program for any occupation approved by the Division of
Workforce Development and Adult Learning as an apprenticeable occupation for which
tuition, charges, or fees are charged to or are payable by an enrollee or student, or which is
financed in whole or in part by State funds, unless the program is first approved by the
Division of Workforce Development and Adult Learning. Ch. 125 2022 LAWS OF MARYLAND
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(2) (i) The Division of Workforce Development and Adult Learning
shall issue a certificate of approval to an applicant operating or proposing to operate the
program if the Division of Workforce Development and Adult Learning is satisfied that the
conditions of entrance, the qualifications of the administrators and instructors, the content
of the program, the facilities, and the financial aspects of the program are adequate and
appropriate for the purpose of the program.
(ii) If the Division of Workforce Development and Adult Learning
does not issue a certificate of approval to an applicant operating or proposing to operate a
program, any person, firm, or corporation whose application is rejected has a right to
judicial review under Title 10, Subtitle 2 of the State Government Article.
(3) (i) The Division of Workforce Development and Adult Learning,
after notice and hearing, may deregister a program or course if it finds that the program or
course has ceased to meet the conditions of approval.
(ii) Any person, association, committee, or organization that
operates an apprenticeship program that is deregistered by the Division of Workforce
Development and Adult Learning may request a hearing before the United States
Department of Labor.
(4) After consulting the Council, the Division of Workforce Development
and Adult Learning, after notice and hearing, may adopt rules and regulations for the
implementation of this section, including rules and regulations requiring the furnishing of
periodic relevant information about approved and proposed programs and the operator or
proposed operator of the approved or proposed programs.
(5) Any person, firm, or corporation that knowingly offers, establishes,
maintains, or operates a program in violation of this section is guilty of a misdemeanor and,
upon conviction, shall be fined not more than $1,000 or be imprisoned for not more than
one year, or both.
(6) If recommended by the Council, the Division of Workforce Development
and Adult Learning may apply to any court of competent jurisdiction for an injunction
restraining violations of this section.
(c) (1) Except as provided in paragraph (2) of this subsection, the Division of
Workforce Development and Adult Learning shall accord reciprocal approval to
apprentices, apprenticeship programs, and standards that are registered in other states by
the United States Department of Labor’s Office of Apprenticeship or a registration agency,
if reciprocity is requested by the apprenticeship program sponsor.
(2) The Division of Workforce Development and Adult Learning may not
accord reciprocal approval to a program sponsor that does not meet the wage and hour
requirements and apprentice ratio standards of the reciprocal state. LAWRENCE J. HOGAN, JR., Governor Ch. 125
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(d) (1) On or before June 30 of each year, the Division of Workforce
Development and Adult Learning shall report to the General Assembly, in accordance with
§ 2–1257 of the State Government Article, the following information for the immediately
preceding calendar year:
(i) the completion and enrollment rates of each apprenticeship
program registered in the State; and
(ii) the age, race, sex or gender identity, county of residence, and
program enrollment of each individual enrolled in a registered apprenticeship program.
(2) The Division of Workforce Development and Adult Learning shall:
(i) sort the information required under paragraph (1) of this
subsection by apprenticeship program; and
(ii) publish the report required under paragraph (1) of this
subsection on the Division of Workforce Development and Adult Learning’s Web site.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, April 12, 2022.