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TOTAL NUMBER OF HOURS REQUESTED FOR APPROVAL _________________
LIST OTHER ACCREDITING AGENCIES ______________________________
THAT HAVE APPROVED THIS PROGRAM ______________________________
PRINTED NAME AND TITLE _______________________________________
SIGNATURE _______________________________________DATE_________
INSTRUCTIONS: Applicaton for Accreditation as an Education Provider
SECTION 1. PROVIDER
A "provider' is the individual or organization accredited by the Council to offer physician education programs.
Name and address: Provide the name and address of the individual or organization applying for accredition as an education provider.
Director of Education: Provide the name, phone number, fax and e-mai of the Director of Education. Type of organization: State whether the applicant is an individual; hospital; clinic or other patient care facility; educational institution; medical or health-related organization whose membership includes Labor Code 3209.3 physicians; organization of non-medical participants in the California workers' compensation system; or a governmental agency.
Length of time in business: Provide this figure in years and months - for example, 4 years and 6 months.
Nature of business/mission statement: Briefly state the nature of the provider's business and its mission statement.
Past continuing education programs: List one or more education programs given by the applicant in the past two years. State the audience and subject matter of each program listed. List any accrediting agencies that have approved the programs listed above.
SECTION 2. EDUCATION PROGRAM
If applying for accredition, complete this section for a proposed education program. If applying for re-accredition, complete this section for a proposed program or for a program which was given during the completed accredition period.
Program Title: State the title of the proposed education program.
Type of Program: Check the appropriate box.
Distance learning: Check the appropriate box.
Objectives of Program: List the education objectives of the proposed program.
Location and dates of program: Provide location (hotel, campus, etc.) and city where course will be held, with dates. Applicantts for distance learning programs may omit this subsection, as appropriate.
Instructors, Topics, Hours, and Course Content: List each instructor (or author) for the proposed program, with relevant professional degree(s) (e.g., M.D.,D.C.). Provide the topic or title of each presentation and the number of hours of credit requested for each presentation. Describe the content of the presentation. For distance learning programs, enter "Examinations' under "(1) Instructor" and estimate the time required to take the examinations.
Other Accrediting agencies; List all accrediting agencies that have approved the proposed program.
Sign and date the application.
Additional pages may be appended to this application, as needed. Complete the entire application. Do not refer reader to attachments in lieu of completing the application. Incomplete applications will be returned to the applicant.
Submit one completed original application and two copies, each with the following attachments:
1. one curriculum vitae for each instructor or author listed on the application, and
2. one copy of the proposed promotional brochure.
The application must be submitted at least 60 days prior to advertisement of the program.
When the application has been approved and on or before the date this program is first given, submit the course syllabus (all course handouts) for the program. Providers of distance learning programs must also submit:
1. one copy of the pre-and one copy of the post-test examinations, and
2. one copy of any video tape(s), audio tape(s), and/or computer program(s) (for video, audio and computer-based programs)used in the program; or
3. one copy of each issue of the printed educational material which contains text for which credit is requested (for programs based on journals or newsletters).
IMC FORM 118 (Rev. 7.01)
s 119. Faculty Disclosure of Commercial Interest.
FACULTY DISCLOSURE OF COMMERCIAL INTEREST
As an education provider accredited by the Industrial Medical Council, Provider's name must insure objectivity in its educational activities. Having an interest or ownership in a business does not prevent a physician from making a presentation, but the relationship must be disclosed to the audience, in accordance with Industrial Medical Council regulations. Please complete the information below.
TITLE OF COURSE: __________________________________________
DATE: _____________________________________________________
NAME OF FACULTY: __________________________________________
TITLE OF PRESENTATION: ____________________________________
( ) Neither I nor my family members have any past or present financial arrangements or affiliations with any businesses involved in products/services which will be discussed at this symposium (Skip to signature).
( ) I have a financial interest/arrangement or affiliation with the following businesses which offer products/services which I will discuss at this symposium.
Affiliation/Financial Interest----------Name(s) of Business(es)
Grants/Reserch Support ________________________________________
Consultant ____________________________________________________
Speaker's Bureau ______________________________________________
Major Stock Shareholder _______________________________________
Other Financial or Material Interest __________________________
____________________________Signature _____________________Date
IMC FORM 119 (Rev. 7.01)
s 149. Definitions.
Note: Authority cited: Section 139, Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.
s 149.2. Neuromusculoskeletal Evaluation.
Note: Authority cited: Sections 139 and 139.2(j), Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.
s 149.4. Cardiovascular Evaluation.
Note: Authority cited: Sections 139 and 139.2(j), Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.
s 149.6. Pulmonary Evaluation.
Note: Authority cited: Sections 139 and 139.2(j), Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.
s 149.8. Psychiatric Evaluation.
Note: Authority cited: Sections 139 and 139.2(j), Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.
s 149.9. Other Evaluation.
Note: Authority cited: Sections 139 and 139.2(j), Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.
s 150. Definitions.
As used in this Article:
(a) Advertising copy - includes any "public communication" as defined in Business and Professions Code Section 651, or any other communication of any message in any form or medium regarding the availability for professional employment of any physician, which is made by or on behalf of any physician to the general public or any substantial portion thereof.
Advertising concerning medical services regarding industrial injuries or illnesses which benefits any physician, and which is placed by any medical clinic, medical service organization or other non-physician third party shall be deemed advertising copy subject to these regulations.
(b) Council - means the Industrial Medical Council as defined in Labor Code Section 139.
(c) Medical Board - means the Medical Board of California as established in Business and Professions Code Section 2001.
(d) Medical Director - means the physician appointed pursuant to Labor Code Section 122 or such person as he or she may designate.
(e) Physician - has the meaning defined in Labor Code Section 3209.3.
(f) QME - means a Qualified Medical Evaluator as defined in Labor Code Section 139.2.
Note: Authority cited: Sections 139, 139.4 and 139.45, Labor Code. Reference: Sections 139, 139.2, 139.4 and 139.45, Labor Code.
s 151. Filing of Documents.
Any document filed under these regulations shall be deemed filed on the date when it is received by the Council.
Note: Authority cited: Sections 139, 139.4 and 139.45, Labor Code. Reference: Sections 133, 139, 139.4 and 139.45, Labor Code.
s 152. Statement of Intent.
Nothing in these regulations is intended to alter the interpretation or application of Business and Professions Code Section 651. These regulations are promulgated under the authority of Labor Code Sections 139.4 and 139.45 and are intended to reflect the Industrial Medical Council's understanding of the Legislature's intent that the Council apply a higher and independent standard, pursuant to those Sections, to physician advertising which relates to industrial injuries or illnesses.
Note: Authority cited: Sections 139, 139.4 and 139.45, Labor Code. Reference: Sections 139, 139.4 and 139.45, Labor Code.
s 153. False or Misleading Advertising Copy Prohibited.
No physician subject to these regulations, or any person acting on his or her behalf or for his or her benefit, shall use, cause to be used, or allow to be used:
(a) Any advertising copy which, through endorsements, testimonials or other representations, makes or implies any guarantee, warranty, or prediction that is intended, or is likely, to create a false or unjustified expectation of favorable results concerning the outcome of the employment of the physician.
(b) Any advertising copy which by use of a firm name, trade name, fictitious business name, or other professional designation states or implies a relationship between any physician in private practice and any governmental agency or entity, with the exception that, as provided in section 154 below, a physician designated by the Council as a Qualified Medical Evaluator may state this fact in advertising copy.
(c) Any advertising copy which states or implies that a medical-legal report written by any physician, or group or association of physicians enjoys any special degree of credibility by any workers' compensation judge or judges.
(d) Any advertising copy which advises or recommends the securing of any medical-legal examination, or which suggests that a tactical advantage may be secured by obtaining any medical-legal evaluation.
(e) Any advertising copy which contains the phrase "Qualified Medical Evaluator" or the designation "QME" unless such phrase is used to identify individual physicians who have been formally designated as QMEs by the Industrial Medical Council in accordance with Labor Code Section 139.2.
(f) Any advertising copy which contains a firm name, trade name, or fictitious business name which contains the phrases "Qualified Medical Evaluator," "Independent Medical Examiner" or the designations "QME" or "IME."
(g) Any advertising copy which states or implies that any physician has an ongoing appointment, title or professional status as an "Agreed Medical Examiner," "Independent Medical Examiner," "AME," or "IME."
Note: Authority cited: Sections 139, 139.4 and 139.45, Labor Code. Reference: Sections 139, 139.2, 139.4 and 139.45, Labor Code.
s 154. Permissible Advertising Content.
(a) A physician subject to these regulations, or any person acting on his or her behalf, may use, disseminate, or cause to be disseminated to the public, or any portion of the public, advertising copy which relates to any industrial injury or illness which accurately states:
(1) The name of each physician affiliated with or participating in the physician's practice.
(2) The address, telephone number and business hours of the office or offices.
(3) The areas of practice each physician engages in.
(4) An individual physician's appointment as a QME.
(5) A statement that the physician is Board Certified or limits his or her practice to specific fields as authorized by Business and Professions Code Section 651. Any statement of Board Certification shall include the name of the certifying board.
(6) Any languages spoken fluently by the physician or his or her staff.
(7) A description of any diagnostic or therapeutic facilities available.
(8) The availability of surgery or hospitalization on a lien basis.
(9) The usual time frame for scheduling appointments or producing medical reports.
(10) That all billings are made in compliance with the Official Medical Fee Schedule promulgated by the Administrative Director of the Division of Workers' Compensation.
(11) Biographic information concerning the physician's educational background, internships and residencies, hospital affiliations, professional affiliations and professional publications.
(b) Any physician who wishes to use, disseminate, or cause to be disseminated to the public, or any portion of the public, any advertising copy which relates to any industrial injury or illness which contains any material not specified in subsection (a) above, shall apply in writing to the Council for approval before using such material. The Council shall approve all requests which do not contain material which is false or likely to mislead the public with respect to workers' compensation. No advertising copy submitted to the Council pursuant to this subsection shall be used until the Council has given its written approval.
Note: Authority cited: Sections 139, 139.4 and 139.45, Labor Code. Reference: Sections 139, 139.2, 139.4 and 139.45, Labor Code.
s 155. Filing of Complaints.
(a) Any person may file a complaint with the Medical Director, alleging that any physician is using advertising copy which violates the provisions of Business and Professions Code Section 651, or the provisions of these regulations.
(b) Complaints filed with the Medical Director shall be in writing and contain the following:
(1) The full name and address of the party filing the complaint.
(2) The full name and address of the physician against whom the complaint is made, or if the complainant is unable to identify the physician using the advertising, as much information as the complainant can provide to assist the Council in identifying the physician who used the advertisement.
(3) A copy, if available to the complaining party, of the advertising copy against which the complaint is made, or a description of the medium in which the advertising copy appeared. Such description should contain sufficient details regarding the manner and form in which the advertising copy was published to allow a copy of the advertising copy to be obtained by the Council.
(4) A detailed statement of the grounds on which the advertising copy is alleged to violate Business and Professions Code Section 651 or these regulations.
(5) All complaints filed under this section shall be filed with the Executive Medical Director, at either 395 Oyster Point Blvd., South San Francisco, CA 94080, or P.O. Box 8888, San Francisco, CA 94128-8888395.
(6) Nothing in these regulations shall prevent the Council or Medical Director from acting independently, and without receipt of a complaint, to initiate an investigation and issue a complaint on the Council's own motion whenever the Council or Medical Director has reason to believe that there has been a violation of Business and Professions Code Section 651 or these regulations.
Note: Authority cited: Sections 139, 139.4 and 139.45, Labor Code. Reference: Sections 139, 139.4 and 139.45, Labor Code.
s 156. Council Requests to Review Advertising Copy.
(a) Upon receipt of a complaint under Section 155 of these regulations, the Council shall serve a written notice of complaint on the physician against whom the complaint was filed. Such notice shall direct the physician to file a copy of his or her advertising with the Medical Director within 15 working days of the date on which the notice was served.
(b) The Medical Director may take such steps as he or she deems necessary to determine whether the complaint has merit.
(1) The Medical Director shall respond to the complaint within 15 working days of the Council's receipt of the physician's response and notify the complainant that the Council:
(A) will investigate the complaint; or
(B) will require additional time to ascertain whether the complaint has merit; or
(C) will refer a copy of the complaint to another agency which also has jurisdiction over the subject matter of the complaint; or
(D) will take no further action on the complaint because the Council lacks jurisdiction over the person or conduct complained of; or
(E) will take no further action on the complaint because the allegations of the complaint do not warrant further action by the Council for the reasons stated in the response.
(c) At the time of filing the advertising copy with the Medical Director, the physician shall also file an answer to the complaint, briefly setting forth the grounds on which the physician believes the copy to be in compliance with Business and Professions Code Section 651, and the provisions of these regulations. Nothing contained in the answer shall preclude the right of the physician to present further or different grounds of defense before the Council or appropriate licensing board. Upon reviewing the physician's answer, the Medical Director may dismiss or informally resolve the complaint where he or she deems such action appropriate.
(d) The Council may, without receipt of a complaint, request a physician to provide a copy of any advertising used by that physician for review. Such a request shall be made in writing, and shall be personally served on the physician.
(e) If a physician who has been appointed as a QME fails to deliver a copy of the advertising used to the Council within 15 working days of receipt of the notice, the Council may infer from the failure to comply that the advertising material used by the QME is in violation of Business and Professions Code Section 651, or these regulations. The maximum penalty that the Council may impose for a finding of violation based solely on the negative inference created by this provision shall be suspension of the physician's appointment as a Qualified Medical Evaluator for a period of six months followed by a period of probation not to exceed one year.
(f) If a non-QME physician fails to deliver a copy of the advertising used to the Council within 15 working days of receipt of the request, the Council shall refer the matter to that physician's licensing board for such proceedings as that board may deem proper.
Note: Authority cited: Sections 139, 139.4 and 139.45, Labor Code. Reference: Sections 139, 139.4 and 139.45, Labor Code.
s 157. Determinations.
(a) If, after reviewing the physician's advertising copy and the physician's answer to the complaint, the Medical Director determines that the advertising copy violates Business and Professions Code Section 651, or these regulations, he or she shall submit a preliminary determination to the Council.
(b) If the Council sustains the Medical Director's preliminary determination, and the physician subject to the complaint is not a QME, the Medical Director shall forward a copy of the preliminary determination, the complaint, and all supporting documentation to the appropriate physician's licensing board for such proceedings as that board may deem proper.
(c) If the Council sustains the Medical Director's preliminary determination, and the physician subject to the complaint is a QME, the Council shall hold a hearing on the complaint in accordance with Chapter 4 (commencing with Sections 11370) of Part 1 of Division 3 of the Government Code.
(1) The Council may delegate in whole or in part to the Administrative Law Judge the authority to conduct the hearing and decide upon the complaint.
(2) Upon a decision being made regarding the complaint, the Administrative Law Judge, acting alone, or as advisor to the Council, shall file a copy of the written statement of findings and decision with the Council.
(d) Within 30 days of the date the written decision is served upon the QME, the QME may file a written notice of appeal with the Council requesting reconsideration by the Council of the Administrative Law Judge's decision. Upon receipt of the notice of appeal, the Chairperson of the Council shall appoint 3 Council members to serve as an appellate panel to hear and recommend to the Council, a decision on the appeal.
(1) The appeal panel shall review the entire record and may hold a hearing thereon.
(2) In the event of a hearing, the designated chair of the appeal panel shall fix the time and place of the hearing and notify the parties to the appeal in writing not less than 15 working days in advance of the hearing in accordance with Code of Civil Procedure Sections 1013a and 2015.5.
(3) The hearing on the appeal shall be limited to a review of the record before the Administrative Law Judge and such written and/or oral argument as the parties may submit.
(4) Upon reaching a decision on the appeal, the appeal panel shall submit to the Council a copy of the record and a written report summarizing the evidence, findings of fact, and a recommended decision. The Council shall take appropriate action on the recommended decision. If, for any reason, the Council rejects the appeal panel's decision, a complete copy of the record shall be furnished to each member of the Council for independent review before any action is taken by the Council in rendering a decision.
(5) The Council shall notify the complainant and the parties to the appeal of its decision in writing in accordance with Code of Civil Procedure Sections 1013a and 2015.5.
(6) The Medical Director shall promptly forward a copy of the Council's final decision to the appropriate physician's licensing board for such proceedings as that board may deem proper.
Note: Authority cited: Sections 139, 139.4 and 139.45, Labor Code. Reference: Sections 139, 139.4 and 139.45, Labor Code.
s 158. Penalties.
(a) A QME who is found by the Council to have violated any provision of Business and Professions Code Section 651, or these regulations may have his or her QME status terminated, suspended, or placed on probation by the Council. Any probation imposed may have such conditions as the Council deems reasonable, including, but not limited to the publication of corrective advertising and the submission of future advertising copy for the Council's approval before its use.
(b) The Council shall consider the following factors in determining the appropriate penalty for a violation of Business and Professions Code Section 651, or these regulations:
1. the seriousness or materiality of the misrepresentation,
2. whether the physician cooperated with the investigation,
3. whether the violation was a single event, or appeared to be part of a pattern sufficient to demonstrate a business practice,
4. whether the violator has a record of prior discipline by the Council, Medical Board, or other appropriate licensing board or authority,
5. whether the violator has a record of contempt reprimands or adjudications issued by the Workers' Compensation Appeals Board.
Note: Authority cited: Sections 139, 139.4 and 139.45, Labor Code. Reference: Sections 139, 139.4 and 139.45, Labor Code.
s 159. Severability.
If any portion of this chapter or the application of any part thereof to any person, individual, party, entity, or circumstance is held invalid, the remainder of the chapter and its application to any other person, individual, party, entity, or circumstance, shall not be affected thereby.
Note: Authority cited: Sections 139, 139.4 and 139.45, Labor Code. Reference: Sections 139, 139.4 and 139.45, Labor Code.
s 200. General Provision.
If any provision of this chapter or application thereof to any person, individual, party, entity or circumstances is held invalid, the remainder of the chapter and the application to any other person, individual, party, entity or circumstances, shall not be affected thereby.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 1777.5 and 3081, Labor Code.
s 201. Filing of Complaints.
(a) Complaints may be filed by any interested person with the Administrator of Apprenticeship or the Administrator of Apprenticeship upon his/her own initiative may issue a complaint, within the time period specified below, when there is cause to believe that a decision, order or action of an apprenticeship program sponsor has been unfair or unreasonable; or that there has been a violation of:
(1) Chapter 4, Division 3 of the Labor Code (excluding Section 1777.5), 30 days;
(2) California Code of Regulations, Title 8, Chapter 2, Subchapter 1 (excluding Article 10), 30 days.
(3) Apprenticeship Standards, 30 days;
(4) Apprenticeship Agreements, 30 days;
(5) Equal Opportunity Standards, 180 days and shall be filed and conducted in accordance with the State of California Plan for Equal Opportunity Apprenticeship (see title 8, California Code of Regulations, Section 215);
(6) Rules, Regulations or Policies established by an apprenticeship program sponsor, 30 days.
(b) Complaints filed with, or by the Administrator of Apprenticeship shall contain the following:
(1) The full name and address of the party (person, organization, or other party) filing the complaint (hereinafter referred to as the "charging party").
(2) The full name and address of the party (person, organization, or other party) against whom the complaint is made (hereinafter referred to as the "respondent").
(3) A clear and concise statement of the facts constituting the basis for the complaint.
(4) The signature of the person filing the complaint or an authorized officer or agent in the case of an organization, employer, labor union, apprenticeship program sponsor, or other interested party.
(5) A declaration by the person signing the complaint, under penalties of law, that its contents are true and correct to the best of his/her knowledge and belief.
(c) Upon receipt or issuance of a complaint the Administrator of Apprenticeship shall cause a copy of such complaint to be served upon the respondent(s).
(d) Complaints may be withdrawn only with the consent of the Administrator of Apprenticeship.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3081 and 3082, Labor Code.
s 202. Investigations, Holding of Hearings and Determinations.
(a) The Administrator of Apprenticeship, upon the timely receipt or issuance of a complaint under Section 201, shall investigate the matter to determine whether the complaint has merit, and in the course of such investigations, the Administrator of Apprenticeship may take such steps as he/she deems necessary under the circumstances to bring about an amicable adjustment of the controversy. In the event that there are local adjustment procedures which have been approved by the Chief DAS, the charging party(s) shall be referred to that procedure for a period not to exceed 60 calendar days prior to the filing and/or processing of a complaint under this section or Labor Code Section 3081. The referral for local adjustment shall in no way be construed so as to abrogate the statutory right to file a complaint under Section 3081 of the Labor Code. The Administrator of Apprenticeship shall dismiss any complaint that is not timely filed and may, following an investigation, dismiss any complaint that is found to be without merit. In such cases the Administrator of Apprenticeship shall prepare a statement of his/her findings and determinations and file it with the California Apprenticeship Council, and notify all parties to the complaint in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of his/her determination to dismiss the complaint. The determination of the Administrator shall be within sixty (60) calendar days of receipt or issuance of the complaint, provided that the sixty (60) days allowed for a local adjustment procedure shall not affect the time provided for the determination of the Administrator. Any continuance caused by the parties shall toll the running of the sixty (60) day period provided for the determination of the Administrator. If any party to the complaint requests a hearing within 10 days of receipt of the notice of dismissal of the complaint, the Administrator or his/her duly authorized representative shall conduct a hearing in the same manner as set forth in subdivision (b).
(b) If the matter is not dismissed, withdrawn or settled satisfactorily, the Administrator of Apprenticeship shall hold a hearing in accordance with the following procedure:
(1) He/she shall fix the time and place of the hearing and notify all interested parties to the complaint not less than two weeks in advance in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 specifying the time and place of the hearing.
(2) The interested parties to the complaint shall be given an opportunity to present evidence and oral or written arguments in support of their positions.
(3) The hearing need not be conducted according to technical rules relating to evidence and witnesses.
(4) All witnesses testifying before the Administrator of Apprenticeship shall testify under oath.
(5) A full transcript of the hearing shall be taken by a qualified person.
(c) The Administrator of Apprenticeship or his/her duly authorized representative may conduct the investigation, hold the hearing, and decide on the complaint. The Administrator of Apprenticeship may however, delegate, or authorize a representative only to hold a hearing and to report, reserving the authority to decide on the complaint. In that case, the duly authorized representative shall hold a hearing and submit to the Administrator of Apprenticeship the entire record of the hearing together with his/her written recommendations. The Administrator of Apprenticeship shall read the record and the written recommendations before deciding on the complaint.
(d) In deciding on the complaint, the Administrator of Apprenticeship or his/her duly authorized representative shall prepare a statement of findings of fact, make a decision, file it with the California Apprenticeship Council and notify all parties to the complaint in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of the decision and of any action taken. The Administrator of Apprenticeship's decision on the complaint or any action taken shall be issued or taken no later than sixty (60) calendar days following the hearing.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3081 and 3082, Labor Code.
s 203. Appeals to the California Apprenticeship Council.
(a) The following procedures shall be followed when an appeal is filed with the Council within ten (10) days from the date the parties are given notification of the determination. The parties shall be deemed to have been given notification five (5) days after notice has been sent to their address of record.
(1) The Chair of the Council shall appoint three (3) members of the Council to act as an appeal board and decide the appeal. This appeal board shall consist of one member of the Council representing an employee organization and one member representing an employer organization; the third member will be a member who does not represent either of the aforementioned groups and shall act as chair of the appeal board.
(2) The appeal board shall review the entire record and may hold an appeal hearing thereon.
(3) In the event of a hearing, the designated chair of the appeal board shall fix the time and place of the hearing on the appeal and notify all interested parties to the appeal not less than two weeks in advance in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 specifying the time and place of the hearing.
(4) The hearing on the appeal shall be limited to a review of the record before the Administrator of Apprenticeship and to oral or written arguments by interested parties to the appeal; except where the appeal board finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the Administrator of Apprenticeship. In such cases, the appeal board may admit such evidence to supplement the record and exercise its independent judgment upon all of the evidence in the record. The appeal board may, in its independent judgment, refer the matter to the program sponsor for reconsideration of its prior action, in an attempt to resolve the matter amicably. An appellant apprentice, however, shall be entitled to file a new complaint in accordance with Title 8, Chapter 2, Section 201 of the California Administrative Code.
(5) The appeal board shall submit a written report to the Council summarizing the evidence, findings of fact, and recommended decision. The Council shall take appropriate action on the recommended decision. If for any reason the Council rejects the appeal board's recommended decision, a complete copy of the record shall be furnished each member of the Council for independent review and consideration before any action is taken by the Council in rendering a decision.
(6) The Council will timely notify all parties to the appeal of its decision in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3082, 3083 and 3084, Labor Code.
s 204. Declaration of Policy.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3073, 3076-3078, 3080-3084 and 3096, Labor Code.
s 205. Definitions.
(a) "Journeyman" means a person who has either
(1) completed an accredited apprenticeship in his/her craft, or
(2) who has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation.
(b) "Instructor" means a person who has either
(1) completed an accredited apprenticeship in his/her craft, or
(2) who has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft but may not necessarily be designated as a journeyman.
(c) An "Apprenticeable Occupation" is one which requires independent judgment and the application of manual, mechanical, technical, or professional skills and is best learned through an organized system of on-the-job training together with related and supplemental instruction.
(d) "Registration of an Apprentice Agreement"means the acceptance and recording thereof by the Division of Apprenticeship Standards which serves as evidence of the participation of the apprentice in a specific apprenticeship program.
(e) "Apprenticeship Program" means a comprehensive plan containing, among other things, apprenticeship program standards, committee rules and regulations, related and supplemental instruction course outlines and policy statements for the effective administration of that apprenticeable occupation.
(f) "Apprenticeship Program Standards" means that written document containing among other things all the terms and conditions for the qualification, recruitment, selection, employment and training, working conditions, wages, employee benefits, and other compensation for apprentices and all other provisions and statements including attachments as required by the Labor Code and this Chapter which, when approved by the Chief DAS, shall constitute registration of such, and authority to conduct that program of apprenticeship in the State of California.
(g) "Apprenticeship Program Sponsor" means a joint apprenticeship committee, a unilateral labor or management committee, or an individual employer program.
(h) "Related and Supplemental Instruction" means an organized and systematic form of instruction designed to provide the apprentice with knowledge including the theoretical and technical subjects related and supplemental to the skill(s) involved.
(i) "Competent Evidence" as used in Section 224 means a transcript or abstract of the record required to be maintained pursuant to Section 212(c)(6), or an attestation by the apprentice program sponsor stating that all training has been fully completed, on forms to be provided by the Division of Apprenticeship Standards, demonstrating that the apprenticeship program has been fully complete, certified by the apprenticeship program sponsor and endorsed by a representative of the Division of Apprenticeship Standards.
(j) An "Interested Party" for the purpose of application for approval of an apprenticeship program, means an employer, employer organization or association, a group of employers, employer associations or organizations, an employe association or organization, or employee representatives, a group of employee representatives, associations or organizations, labor and/or management groups or any combination thereof whose interest may be affected by the apprenticeship program if approved.
(k) "Maintenance" is defined as routine, recurring and usual work for the preservation, protection and keeping of any facility for its intended purposes in a safe and continually usable condition.
( l) The term "Chief DAS" means the Chief of the Division of Apprenticeship Standards.
(m) "Employed as an apprentice" in the building and construction industry for the purpose of Labor Code Section 3098 means employment pursuant to the approved standards of apprenticeship of the Program, under the supervision of journeyman/men, where the apprentice is receiving at least the minimum wage applicable to the apprentice's period of apprenticeship as provided for in this chapter.
(n) "Geographic Area of Operation" of an apprenticeship program means the geographic area in which the program regularly operates and trains apprentices.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3073, 3075, 3077, 3079, 3086 and 3090, Labor Code.
s 206. Approval and Registration of Apprentice Agreements.
(a) Agreements approved by Joint Apprenticeship Committee
(1) An apprentice agreement in an approved joint apprenticeship program shall be approved by the joint apprenticeship committee if the agreement complies with the apprenticeship program standards and Chapter 4 of Division 3 of the Labor Code and its implementing regulations under Title 8, California Code of Regulations, Section 200 et seq; and where there are adequate related and supplemental instruction and an assurance of employment to provide on-the-job training.
(2) After approval by the joint apprenticeship committee, the agreement shall be sent to DAS for registration within thirty (30) days of its execution by the apprentice.
(3) DAS shall register the agreement if DAS determines that it was approved in accordance with the requirements set out above, under subsection (a)(1), and it was submitted to DAS within thirty (30) days of its execution by the apprentice.
(4) Within thirty (30) days of receipt of the agreement, DAS shall either register the agreement or return it to the program sponsor with the reasons for non-registration. If DAS registers the agreement, the registration shall be effective as of the date of its execution by the apprentice.
(b) Agreements approved by the Administrator
(1) If there is no joint apprenticeship committee, the apprenticeship agreement shall be sent to DAS for approval by the Administrator within thirty (30) days of its execution, and shall be approved if the Administrator determines that it complies with the requirements set out above, under subsection (a)(1), and it was submitted to DAS within thirty (30) days of its execution by the apprentice.
(2) If approved, the agreement shall be considered registered as of the date of its execution by the apprentice. A copy of the approved agreement shall be filed with the CAC for its review. If the Administrator does not approve the agreement, it shall not be registered and shall be returned to the program sponsor within 30 days of the date of receipt with the reasons for non-approval.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3079 and 3080, Labor Code.
s 207. Termination of Apprentice Agreements.
(a) During the probationary period, if any, an apprentice agreement shall be terminated by the program sponsor at the request in writing of either party.
(b) After the probationary period, or where there is no probationary period, the apprentice agreement may only be terminated by the Administrator. Where there is mutual agreement of the parties, an apprentice agreement may be terminated by submitting to the Administrator a request in writing to terminate the agreement signed by the parties. Where there is not mutual agreement, either party may request that the agreement be terminated by the Administrator. The party making the request shall submit whatever evidence it believes shows that there is good and sufficient reason to terminate the agreement. The Administrator shall review the evidence and, where there is good and sufficient reason, shall terminate the agreement. No program sponsor shall submit a request to terminate an apprentice agreement unless it shall first have given the apprentice notice in writing of its intended action and, if the program's standards provide for a local adjustment procedure, of the apprentice's right to exhaust the local adjustment procedure. In its request, the program sponsor shall advise the Administrator of the notice to the apprentice. An apprentice who contests a program sponsor's request for termination may also file a complaint under Section 201. If a complaint is filed, the Administrator shall join the request for termination with the apprentice complaint, and act upon both jointly.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3077, 3078, 3079 and 3080, Labor Code.
s 208. Wages, Employee Benefits, and Other Compensation for Apprentices.
(a) For Apprentices In All Occupations Except The Building And Construction Industry:
For apprentices participating in approved apprenticeship programs in all industries, except the building and construction industry, the beginning wage rate, employee benefits and other compensation, and the progression of those rates, shall be decided by the sponsoring program in consultation with and subject to the approval of the Chief DAS.
(b) For Apprentices In The Building And Construction Industry Employed On Public Works Projects:
For apprentices participating in approved apprenticeship programs in the building and construction industry, the wages and employer payments for employees benefits as defined in 8 C.C.R. s16000 for regular and overtime work while employed on public works projects within the meaning of Labor Code s1720 et seq. shall be the per diem wage rates for apprentices in the apprenticeable occupation as determined by the Director of Industrial Relations in the geographic area of the project.
(c) For Apprentices In The Building And Construction Industry Employed On Projects Not Covered By Subsection (b), Above:
The hourly wage package as used herein consists of the total of the wages and employer payments for employee benefits as defined in 8 C.C.R. s 16000. For apprentices participating in approved apprenticeship programs in the building and construction industry, the minimum hourly wage package for apprentices while employed on projects not covered by Subsection (b) above shall be as set forth either in subsections (1)-(5) of this subsection or, in the alternative, as set forth in subsection (6) of this subsection:
(1) A starting hourly wage package for first- period apprentices of not less than 40 percent of the prevailing per diem wage package for journeymen in the apprenticeable occupation and geographic area of the project, as determined by the Director of Industrial Relations for purposes of Labor Code s 1720 et seq., using the rate effective on the immediately preceding March 1. At least 65 percent of this minimum hourly wage package must be paid to the apprentice as taxable wages;
(2) If there is no prevailing hourly wage package and wage package progression determined by the Director for journeymen for the apprenticeable occupation and geographic area, a starting wage rate decided by the sponsoring program in consultation with and subject to the approval of the Chief DAS based on consideration of the minimum starting hourly wage package and wage package progression for apprentices in the most analogous occupations and geographic areas;
(3) Where an employer elects to satisfy a portion of the hourly wage package by employer payments for employee benefits as defined in 8 C.C.R. s 16000, the payment of such contributions must be verifiable and the cost of the benefit(s) must be reasonably related to the amount of the contribution(s). The employer shall submit its books and records to an audit by the DAS staff, upon request, to verify such payments;
(4) Where an employer elects not to satisfy a portion of the apprentice's hourly wage package by employer payments for employee benefits as defined in 8 CCR s 16000, the employer shall pay the entire hourly wage package to the apprentice on the apprentice's paycheck. Where an employer elects to satisfy a portion of the apprentice's hourly wage package by employer payments for employee benefits, the employer shall pay the remainder of the apprentice's hourly wage package to the apprentice in the apprentice's paycheck;
(5) The minimum hourly wage package shall increase for each successfully completed period of apprenticeship to a higher percentage of the prevailing per diem wage package for journeymen in the apprenticeable occupation and geographic area of the project. These periodic increases in percentage shall be equal (e.g., 40 percent, 50 percent, 60 percent, etc.) and shall be such that the minimum hourly wage package in the final period of apprenticeship is not less than 80 percent of the prevailing per diem wage package for journeymen in the apprenticeable occupation and geographic area of the project, as determined by the Director, using the rate effective on the immediately preceding March 1. At least 65 percent of this minimum hourly wage package must be paid to the apprentice as taxable wages;
(6) In the alternative, a contractor will be in compliance with this entire subsection (c) if the contractor provides the same total hourly wage package and wage package progression to apprentices employed on private projects as the contractor provides to apprentices employed on public works projects in the same geographic area, and that total hourly wage package is not less than the prevailing per diem apprentice wage package for the apprenticeable occupation and the geographic area of the project;
(7) Existing apprenticeship programs already approved by the DAS and the CAC which are not in compliance with any aspect of this Subsection (c) shall have until February 17, 2002, to come into full compliance;
(8) By the enactment of this regulation, it is not the CAC's intent to change the manner by which the Director of Industrial Relations currently determines the prevailing wage rate, and the provisions of this Subsection (c) shall not be used to determine the prevailing wage rate.
(9) After February 17, 2002, all contractors employing registered apprentices shall pay not less than the minimum wages required by this subsection (c).
(d) For All Apprentices
Nothing in this Section shall permit the payment of less than the minimum wage prescribed by the Federal Fair Labor Standards Act or any applicable State minimum wage order.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 1777.5, Labor Code.
s 209. Overtime Provision.
Overtime shall not interfere with or impair the training and shall not be detrimental to the health and safety of apprentices.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3078, Labor Code.
s 210. Working Conditions.
Apprentices shall work under and with competent journeymen and/or instructors and shall be assigned to work and learning tasks so that they obtain the diversified training on-the-job provided for in the apprenticeship standards.
Note: Authority cited: Sections 3071 and 3078, Labor Code. Reference: Section 3071, Labor Code.
s 211. Apprenticeable Occupations.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3076 and 3077, Labor Code.
s 212. Content of Apprenticeship Program Standards.
Apprenticeship programs shall be established by written apprenticeship standards which must be approved by the Chief DAS under Section 212.2. In order to be approved, the standards must cover all work processes within the apprenticeable occupation. The standards must contain: (continued)