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(4) There is reasonable assurance that the job for which the trainee is to be trained will be available at the end of the training period;
(5) The job for which the trainee is to be trained is a recognized occupation;
(6) The job for which the trainee is to be trained is one to which appointment is based upon skills and knowledge and not on such factors as length of service;
(7) The job for which the trainee is to be trained customarily requires a period of on-the-job training of not less than three months;
(8) Provision is made in the training standards for (i) vestibule or other pre-job training, if any, or (ii) related and supplemental instruction, if any, either full time before employment or part time combined with the on-the-job training. Related and supplemental classroom instruction, where appropriate, is the responsibility of and will be administered by state and local school boards responsible for vocational education;
(9) There are adequate facilities, equipment, and personnel in the training establishment to provide satisfactory training;
(10) Appropriate credit is given each trainee for previous training and work experience, if any, and wages and, the applicable training period are adjusted accordingly; and
(11) Provision is made for trainees to be selected, employed and trained under fair and impartial procedures without discrimination.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3090, Labor Code.
s 255. Content of Training Standards.
Training programs shall be established by written training standards agreed to by interested employers, employer associations and, if any, by an interested labor union where applicable, and approved by the Division of Apprenticeship Standards, if consistent with these regulations.
Training standards may be approved by the Division of Apprenticeship Standards provided they contain the following:
(a) A statement of the:
(1) occupation(s);
(2) party or parties to whom the standards apply and the geographic area;
(3) definition and duties of the trainee;
(b) Provisions for:
(1) establishment of a training committee, if applicable;
(2) administration of the standards;
(3) establishment of rules and regulations governing the program;
(4) determining the qualifications of employers if other than single employer program;
(5) a system to record trainee progress;
(6) graduated minimum wage schedule to be paid during the term of training;
(7) discipline of trainees, including a description of provisions for fair hearings, if any. Disciplinary measures may include provision for the suspension of a trainee from the training program for a fixed period not to exceed sixty (60) days;
(8) termination or recommendation of cancellation of trainee agreements;
(9) recommending issuance of a State Certificate of Training;
(10) revision of standards;
(11) training and education of the trainee in first aid, safe working practices and in the recognition of occupational health and safety hazards;
(12) a selection procedure;
(13) approval of the standards, and any revision of the standards, by the Division of Apprenticeship Standards.
(c) The names and signatures of the parties.
(d) Any apprenticeship committee provided for in this California Code of Regulations may serve as an apprenticeship and training committee to cover both apprenticeship and training programs.
Note: Authority cited: Section 3071, Labor Code. Reference: Section 3090, Labor Code.
s 256. Wages.
Training standards and trainee agreements shall contain graduated wage schedules to be paid trainees that provide for reasonable uniform progressive wage increases during the term of training, except where other schedules are provided in applicable collective bargaining agreements, provided that in no case shall a training program be approved with a beginning wage which is lower than the minimum wages fixed by any federal or state law or regulation.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3090, Labor Code.
s 257. Overtime Provision.
Overtime shall not interfere with or impair the training and shall not be detrimental to the health and safety of trainees.
Note: Authority cited: Sections 3071 and 3093, Labor Code. Reference: Sections 3071 and 3093, Labor Code.
s 258. Working Conditions.
Trainees shall work under and with competent workers skilled in the occupation for which they are being trained and shall be assigned to working and learning tasks so that they master the on-the-job training provided for in the training standards.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3090 and 3093, Labor Code.
s 259. State Certificates of Training.
(a) A "Certificate of Training" attesting to the completion of training will be issued under the authority of the California Apprenticeship Council by the Division of Apprenticeship Standards upon request and upon receipt of such competent evidence as may be required by the California Apprenticeship Council.
(b) The certificate shall signify completion of training under standards and trainee agreements approved under State Law and these regulations.
(c) Completion of the entire training program by the trainee shall be attested to by the training program sponsor. The training program sponsor will attest to the related and supplemental instruction after consulting with the appropriate school authorities regarding the completion of the educational requirements of related and supplemental subjects.
(d) The certificate is in recognition of completion of training. The certificate may be granted to a trainee only when the trainee:
(1) in addition to credit for previous on-the-job training and related school instruction, which is of an approved nature, shall have completed not less than an additional twelve and one-half (12 1/2) percent of the total training program but not less than a three months as a trainee under these regulations; and
(2) demonstrated to the satisfaction of the training program sponsor mastery of the skills and knowledge of the prescribed program.
(e) The training program sponsor in recognition of unusual ability and progress in mastering the skills of the occupations and the related and supplemental education program may decrease the training period for individual trainees by not more than twelve and one-half (12 1/2) percent.
(f) Credit toward the training for work experience prior to the training may be given by the training program sponsor after verification and/or examination. Credit for partial completion of the education requirements for related and supplemental instruction may be given by the training program sponsor after consultation with the appropriate school authorities concerning the mastery of the related instruction ordinarily required of the trainees.
(g) In instances where school classes are not available or where attendance will result in an undue hardship on the trainee, the training program sponsor, after consultation with the appropriate school officials, may make arrangements for acceptance of educational experiences such as home study or correspondence courses as fulfilling the relate and supplemental educational requirement.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3093, Labor Code.
s 260. Compliance.
Selection procedures must be in writing, approved by the training program sponsors, and
(a) Each training program sponsor shall:
(1) file a written copy of its selection procedures with the Chief DAS, which shall:
(A) be signed by the secretary and/or chair of the training committee; or
(B) be signed by the party to a unilateral training program where there is no training committee established; and
(C) signify the date of approval.
(2) provide each applicant making application with a copy of its selection procedure in summary form;
(3) have available for the study and/or perusal of any applicant, at the place(s) applications are accepted, a copy of its complete selection procedure which is on file with the Chief DAS.
(b) The employer, when authorized by the training committee to select the trainee, will have agreed in writing to abide by the standards and selection procedures.
(c) Exemption from this Article may be granted by the Chief DAS for good cause. Requests for exemption from Article 5, or any part thereof, of this code shall be made in writing to the Chief DAS and shall contain a statement of reasons supporting the request.
Note: Authority cited: Sections 3071 and 3090, Labor Code. Reference: Sections 3071 and 3091, Labor Code.
s 261. Content of Selection Procedures.
Selection procedures shall include such provisions as may be necessary to afford all applicants full and fair opportunity to apply for training and shall be without discrimination on the basis of sex, race, color, religion, ancestry, national origin, disability, sexual orientation, age, political affiliation or creed.
(a) They shall include the following:
(1) Required procedure for making written application.
(2) Procedure for handling applications, that is, the method of dating and recording applications and the acceptance and rejection of applicants and how the applicants are notified of their acceptance or rejection.
(3) Required minimum age limitations, if any.
(4) Required formal education, if any, or equivalency if permitted.
(5) Required physical examination, if any.
(6) Procedure for the scheduling of tests and oral interviews, if any.
(7) Required tests, if any, and by whom they are administered.
(8) Where applicable, the relative weight given for tests and oral interviews in the overall evaluation of the applicants.
(9) Procedure for acceptance, rejection and referral of applicants to job openings and how the applicants are so notified.
(10) Procedure for testing, rating and placing applicants with previous experience in a higher wage bracket (training period).
(b) Selection procedures shall not include the following:
(1) Numerical rating of applicants based on their educational experience in excess of minimum educational requirements.
(2) Test designed to determine the skill and knowledge of the occupation itself.
(3) A requirement for a driver's license as a condition of accepting or processing an application.
(4) A requirement of residency as a condition of accepting or processing an application.
Note: Authority cited: Sections 3071 and 3090, Labor Code. Reference: Section 3071, Labor Code.
s 262. Filing of Complaints.
(a) Any interested person may file a complaint with the Administrator of Apprenticeship or the Administrator of Apprenticeship upon his/her own initiative may issue a complaint, when there is cause to believe that a decision, order or action of a training program sponsor (as defined in Section 252(b)) has been unfair or unreasonable; or that there has been a violation of:
(1) Chapter 4, Division 3 of the Labor Code;
(2) California Code of Regulations Title 8, Chapter 2, Part II;
(3) Training Standards;
(4) Trainee Agreements;
(5) Selection Procedures;
(6) Rules, Regulations or Policies established by a training program sponsor.
(b) Complaints filed with, or by, the Administrator of Apprenticeship shall be filed in writing within ninety (90) days of the date of the alleged violation or within thirty (30) days of a decision by, an order by, or an action of a program sponsor to adjust the matter locally, whichever is latest, and 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 alleged 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, training 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.
(e) The Administrator of Apprenticeship shall dismiss any complaint when it is found that the controversies or differences concerning the training agreement were adjusted locally or that there are provisions in a collective bargaining agreement for handling such disputes.
s 262.1. Discipline -Cancellation.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3073 and 3090, Labor Code.
s 263. Investigations, Holding of Hearings and Determinations.
(a) The Administrator of Apprenticeship, upon the timely receipt or issuance of a complaint under Section 262, 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. 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 in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of his/her determination to dismiss the complaint.
(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 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 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 in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of the decision and of any action taken.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3081, 3082, 3090 and 3093, Labor Code.
s 264. 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. 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.
(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 3082-3084, 3090 and 3093, Labor Code.
s 265. Compliance.
Note: Authority cited: Sections 3071 and 3090, Labor Code. Reference: Sections 3071 and 3091, Labor Code.
s 266. Content of Selection Procedures.
Note: Authority cited: Sections 3071 and 3090, Labor Code. Reference: Section 3071, Labor Code.
s 267. Review and Compliance.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3090 and 3093, Labor Code.
s 268. Local Training Programs.
Note: Authority cited: Section 3071, Labor Code. Reference: Section 3090, Labor Code.
s 269. Local Joint Training Programs.
s 270. Local Unilateral Training Programs.
s 271. State and Regional Joint Training Advisory Committees.
Note: Authority cited: Sections 3071 and 3090, Labor Code. Reference: Section 3071, Labor Code.
s 272. When Issued.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3093, Labor Code.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3093, Labor Code.
s 280. Purpose and Intent.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3090 and 3093, Labor Code.
s 281. Declaration of Policy.
A state approved journeyman on-the-job training program is defined as one that is developed by its program sponsor and approved by the Division of Apprenticeship Standards as being consistent with Labor Code Sections 3090 and 3093 and applicable provisions of this Code.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3090 and 3093, Labor Code.
s 282. Approval of Training Standards.
(a) Voluntarily developed training standards for journeyman on-the-job training programs shall be approved by the Division of Apprenticeship Standards if those standards meet the following criteria:
(1) They are agreed to and submitted in writing by the parties to any applicable collective bargaining agreement, by an employer, an employer association, or a union or its representative, and signed by the parties affected.
(2) The program is designed for journeymen in an apprenticeable occupation to keep them abreast of current techniques, methods and materials and to provide them opportunities for advancement in their industries and does not replace apprentices in approved apprenticeship programs.
(3) The period of training is of not less than three months' duration.
(4) There are adequate facilities, equipment and personnel to provide training.
(5) Provision is made for:
(A) Training in safety and safe practices.
(B) Necessary related and supplemental instruction, where applicable. Related and supplemental instruction will be administered by state and local boards responsible for vocational education.
(C) Adequate supervision and administration of the program.
(D) Adequate records to be kept to show the progress made by each journeyman in training toward the training objective.
(E) Journeymen in training to be selected, employed and trained under fair and impartial procedures without discrimination on the basis of sex, race, religion, color, ancestry, national origin, disability, sexual orientation, political affiliation, creed or age.
(F) Recommending issuance of State Certificates of Training to journeymen in training upon successful completion of training, attested to by the journeyman training program sponsor(s) by competent evidence which is defined as a transcript or abstract of the records required to be maintained pursuant to Section 282(a)(5)(D).
(G) Each journeyman in training to sign an agreement based on the provisions of the training standards, with a copy filed with the training program sponsor.
(b) Journeyman on-the-job programs may be administered by a joint training committee, a unilateral training committee or a single employer.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3090 and 3093, Labor Code.
s 290.0. General.
Scope and Application: Improper electrical connections can result in fire or other damage to property and can cause injury and death. Any individual may apply for certification showing that the individual possesses the skill, knowledge and training to safely and competently make electrical connections of 100 volt-amperes or more in the course of doing work for an electrical contractor.
Note: Authority cited: Section 3099, Labor Code. References: Section 3099, Labor Code.
s 290.1. Definitions.
Approved Curriculum is a program of classes covering the areas of subject matter content offered by an Educational Provider pursuant to a plan of classroom instruction approved by the Curriculum Committee.
Certified Electrician is one who has been certified pursuant to Labor Code section 3099.2 and these regulations under any of the certification categories established by DAS.
Chief DAS is the Chief of the Division of Apprenticeship Standards.
Curriculum Committee is the Electrician Certification Curriculum Committee established pursuant to Labor Code section 3099(a)(3).
Curriculum Standards are the standards for subject matter content for classroom instruction adopted by the Curriculum Committee.
DAS is the Division of Apprenticeship Standards.
Director is the Director of Industrial Relations.
Educational Provider is a community college or public school district or public educational institution, or a state-licensed private post-secondary institution under contract with a public educational institution, community college or public school district.
Electrical Contractor is one who holds a C-10 license from the State Contractors License Board.
Electrician Trainee is one who is registered with DAS pursuant to Labor Code section 3099.4 and these regulations.
Fire/Life Safety Technician is one who performs work for an Electrical Contractor involving the installation, construction or maintenance of systems covered by Article 760 of the National Electrical Code.
General Electrician is one who performs work for an electrical contractor installing, constructing or maintaining any electrical system that is covered by the National Electric Code.
National Electrical Code is the National Electrical Code 1999, National Fire Protection Association, Quincy, MA 02269.
NICET is the National Institute for Certification in Engineering Technologies.
Nonresidential Lighting Technician is one who performs work for an Electrical Contractor repairing, servicing and maintaining existing nonresidential lighting fixtures and installing retrofit upgrade fixtures. Such work does not include the installation of branch circuits or the alteration of existing branch circuits except a Nonresidential Lighting Technician may reconnect to existing power within 3 feet.
Residential Electrician is one who:
(1) performs work for an electrical contractor installing, constructing, or maintaining any electrical system that is covered by the National Electrical Code in single family homes and multi family units, including hotels and motels, where the primary occupancy of the building is considered residential and the maximum voltage received from a utility company is a 3 phase, 4 wire, 120/208 or 120/240 volts.
(2) performs work installing the required panel boards and feeders for commercial tenant space in a multi-family/multi-use occupancies falling under subsection (b)(1) above, where less than 50 percent of the first floor level is used for commercial tenant space, but not performing any tenant improvement for these spaces.
(3) does not perform work in occupancies that fall under the scope of Article 517 of the National Electrical Code.
Voice Data Video Technician is one who performs work for an electrical contractor installing, constructing or maintaining any system that falls within the scope of National Electrical Code, Articles 725, 770 (non-composite cables only), 800 (non-hybrid cables only), 810 and 820.
Note: Authority cited: Sections 3099 and 3099.4, Labor Code. Reference: Sections 3099-3099.4, Labor Code.
s 291.0. Types of Certification.
An applicant may apply for certification as a General Electrician, a Residential Electrician, a Voice Data Video Technician, a Fire/Life Safety Technician or a Nonresidential Lighting Technician.
Note: Authority cited: Section 3099, Labor Code. Reference: Section 3099, Labor Code.
s 291.1. Eligibility for Certification.
(a) In order to be certified, an applicant must have the required experience as set forth herein, and pass a certification examination under Section 291.3. An applicant must provide proof of experience which may be done by showing:
(1) successful completion of an apprenticeship program approved by the California Apprenticeship Council, the federal Bureau of Apprenticeship Training, or a state apprenticeship council authorized by the federal Bureau of Apprenticeship Training to approve apprenticeship programs, in the classification for which certification is sought; or
(2) on-the-job experience, as follows:
General Electrician: 8000 hours of work for an Electrical Contractor installing, constructing or maintaining electrical systems covered by the National Electrical Code. The 8000 hours must consist of work in two or more of the following areas, and the maximum number of hours in a particular area that may be counted toward the 8000 hour total are as follows:
Stock room and Material handling - 300 hours
Residential Wiring - 3000 hours
Commercial Wiring - 6000 hours
Industrial Wiring - 6000 hours
Voice Data and Video installation - 1500 hours
Underground Conduit installation - 750 hours
Troubleshooting and Maintenance - 1500 hours
Finish Work and fixtures - 600 hours
Fire/Life Safety, Nurse call - 600 hours
Residential Electrician: 4800 hours of work for an Electrical Contractor installing, constructing, or maintaining electrical systems covered by the National Electric Code. The 4800 hours must consist of work in one or more of the following areas, and the maximum number of hours in a particular area that may be counted toward the 4800 hour total are as follows:
Stock room and material handling - 300 hours
Residential Wiring - 4800 hours
Voice Data and Video installation - 150 hours
Underground Conduit installation - 300 hours
Troubleshooting and Maintenance - 600 hours
Finish work and fixture - 600 hours
Fire/Life Safety - 300 hours
Voice Data Video Technician: 4000 hours of work for an Electrical Contractor installing, constructing or maintaining any system that falls within the scope of National Electrical Code, Articles 725, 770 (non-composite cables only), 800 (non-hybrid cables only), 810 and 820. The 4000 hours must consist of work in one or more of the following areas, and the maximum number of hours in a particular area that may be counted toward the 4000 hour total are as follows:
Stock room and material handling - 300 hours
Installations, including wire pulling, terminations, control panels devices and finish work - 4000 hours
Troubleshooting and Maintenance - 750 hours
Trade Specific training related to Voice, Data, Video - 300 hours
Fire/Life Safety Technician: 4000 hours of work for an Electrical Contractor, involving the installation, construction or maintenance of systems as covered in Article 760 of the National Electrical Code.The 4000 hours must consist of work in one or more of the following areas, and the maximum number of hours in a particular area that may be counted toward the 4000 hour total are as follows:
Stock room and material handling - 300 hours
Installations, including wire pulling, terminations, control panels devices and finish work - 4000 hours
Troubleshooting and Maintenance - 750 hours
Nurse Call systems - 300 hours
Proprietary systems training related to Fire/Life Safety - 300 hours
The experience requirement for Fire/Life Safety Technician may also be satisfied by proof of NICET certification in Fire Alarm Systems at Level II or above.
Nonresidential Lighting Technician: 2,000 hours of work installing, repairing and maintaining nonresidential lighting while employed by a contractor engaged in the business of nonresidential lighting maintenance and retrofit installations. The 2,000 hours must consist of work in one or more of the following areas, and the maximum number of hours in a particular area that may be counted towards the 2,000 hour total are as follows:
Stockroom and material handling - 150 hours
Maintenance of lighting fixtures - 1750 hours
Installation of retrofit fixtures - 1500 hours
Trouble shooting and repairing - 500 hours
(b) Where an applicant holds a license as an electrician in another state and it is determined by the Chief DAS that the requirements for experience to hold a license in that state are comparable to the requirements of Section 291.1(a)(1) or Section 291.1(a)(2), the Chief may deem the applicant to have the required experience for certification.
(c) Where the applicant can show other experience, including military experience or relevant work for a low voltage systems contractor holding a C-7 license, the applicant may apply to the Chief DAS for credit toward some or all of the experience required under Section 291.1(a)(2) The Chief DAS may grant credit if the Chief determines that the experience is comparable to experience for which credit would be granted under Section 291.1(a)(1) or Section 291.1(a)(2).
Note: Authority cited: Section 3099, Labor Code. References: Section 3099, Labor Code.
s 291.2. Application for Certification and Examination.
(a) Any individual desiring to be certified as set forth in Section 291.0 must submit an application for certification and examination as set forth herein. The application and all information and attachments shall be submitted under penalty of perjury, and accompanied by all applicable fees as set forth herein. No application will be accepted for processing by the DAS unless accompanied by all required fees as set forth in Section 292.0 herein.
(b) Applications may be obtained from any District Office for the DAS, or from the DAS website at www.dir.ca.gov/das, and shall be filed by mailing the completed application to the following address:
Division of Apprenticeship Standards
Attn: Electrician Certification Unit
P.O. Box 420603
San Francisco, CA 94142-0603
(c) The application shall include:
(1) Type of certification desired.
(2) Full name of the applicant and any other names the applicant has used to work as an electrician within five years previous to the date of the application.
(3) Date of Birth and Driver's license or state identification card number.
(4) Mailing Address.
(5) Telephone Number (Day and Evening).
(6) Request for Spanish language examination if applicable.
(d) The applicant shall submit proof of experience as required under Section 291.1 with the application. Except as provided in subsections (f) and (g), only applicants who have the required experience are eligible to take the certification examination.
(e) Within 30 days of the receipt of an application, the DAS shall inform the applicant in writing whether the applicant is eligible to take the certification examination, or whether the application is deficient or the applicant has not submitted sufficient proof of experience to take the certification examination.
If the applicant is eligible to take the certification examination, the DAS shall provide the applicant with information about taking the examination. If the applicant does not take the examination within one year after being notified by DAS of eligibility to take the examination, the applicant must submit a new application to DAS and pay the required application and testing fee again.
If the application is deficient or the applicant has not submitted sufficient proof of experience, the DAS shall return the application materials and refund all fees to the applicant. The DAS shall advise the applicant of the information or documentation required and why the proof of experience is insufficient. The applicant may submit a new application and pay the required application and testing fees.
(f) A registered apprentice performing electrical work as part of an apprenticeship program approved under Labor Code sec. 3070 et seq., a federal Bureau of Apprenticeship Training program, or a state apprenticeship program authorized by the federal Bureau of Apprenticeship Training, who is within one year of completion of the apprenticeship term, is eligible to take the certification examination. Upon passing the examination, the apprentice shall be certified immediately upon completion of the term of apprenticeship.
(g) An Electrician Trainee who has completed an Approved Curriculum for the classification for which certification is sought and is currently registered as an Electrician Trainee is eligible to take the certification examination. The Electrician Trainee must submit a certificate of completion of an Approved Curriculum with the application and pay the required application and testing fees. The Electrician Trainee shall not be certified until he or she passes the examination and submits proof of experience as required under Section 291.1. The Electrician Trainee must renew registration to continue as an Electrician Trainee until certified.
Note: Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099-3099.4, Labor Code.
s 291.3. Certification Examination.
(a) All applicants must pass the written examination, established by the Chief DAS for the type of certification desired.
(b) The examination shall be validated by an independent test validation organization based on content developed by a job analysis.
(c) A description of the examination content and identification of relevant reference works will be provided by DAS upon request.
(d) The examination for each type of certification shall be given at least once per year, in at least two locations, one in Northern California and one in Southern California. DAS may give the examinations at additional times and in additional locations for the convenience of the applicant pool.
(e) Applicants requesting special accommodations for the examination on account of disability shall submit such requests to the Chief DAS or its designee. The Chief DAS or its designee shall respond promptly to such requests and may require additional information and/or documentation from the applicant.
(f) DAS shall provide for the administration of the certification examinations in Spanish, and to the extent practicable, other non-English languages spoken by a substantial number of applicants, as defined in Section 7296.2 of the Government Code, except insofar as the ability to understand warning signs, instructions, and other information in English is necessary for safety reasons.
(g) At the time of the examination, the applicant may be required to present valid photo identification and may be photographed for a certification card.
(h) DAS shall make information about electrician certification available in non-English languages spoken by a substantial number of construction workers, as defined in Section 7296.2 of the Government Code. Such information shall contain the basic information DAS makes available to the public in English regarding electrician certification and shall be sufficient to inform interested persons of the process by which one may become certified.
Note: Authority cited: Section 3099, Labor Code. References: Sections 3099-3099.3, Labor Code.
s 291.4. Retesting.
An applicant may take the test as many times as he or she wishes under one application for one year following the date of the notification of eligibility to take the examination so long as there is at least 60 days between each sitting. The applicant must make payment of the test fee each time the test is taken. After one year following the date of notification of eligibility, an unsuccessful applicant must submit a new application and make new payment of fees.
Note: Authority cited: Section 3099, Labor Code. References: Section 3099, Labor Code.
s 291.5. Renewal and Replacements.
(a) Certification shall be renewed every three (3) years. To be eligible for renewal an applicant must provide proof under penalty of perjury of 32 hours further electrical education from an Educational Provider relevant to the type of certification, and must certify under penalty of perjury that he or she has worked in the industry 2000 hours within the previous three years.
(b) Within 30 days of the receipt of a renewal application, the DAS shall inform the applicant in writing either that certification has been renewed, or that the application is deficient or that applicant has submitted insufficient proof of further education. If the application is deficient or applicant has submitted insufficient proof of further education, DAS shall inform the applicant of the information or documentation required and why the proof of further education is insufficient.
(c) An individual who allows certification to lapse shall be required to retake the certification examination. A successful renewal application must be postmarked or received at DAS 30 days before the end of the certification period in order for certification to be renewed without a lapse.
(d) Any person whose certification card has been lost or mutilated may request a replacement card from the DAS. Such request shall be in writing and accompanied with a current address and phone number and replacement fee in the amount of 30% of the renewal fee specified in Section 292.0(c).
(e) For purposes of any continuing education or recertification requirement, individuals who become certified prior to the deadline for certification shall be treated as having become certified on the first anniversary of their certification date that falls after the certification deadline.
Note: Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099-3099.4, Labor Code.
s 292.0. Fees.
(a) The fee for initially applying for certification is $75.00.
(b) The fee for taking or retaking the examination is $100.00.
(c) The fee for renewal of certification is $100.00.
(d) The fee for registering as an Electrician Trainee is $25.00.
Note: Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099-3099.5, Labor Code.
s 293.0. Denial, Suspension, or Revocation of Certification; Appeals.
(a) The Chief DAS may for good cause deny certification to an applicant. Good cause shall exist when the applicant does not satisfy the requirements of Section 291.1 or has failed the certification examination. The Chief DAS shall provide the applicant with written notice of the denial at the address shown on the application for certification or other address known to the DAS.
(b) The Chief DAS may for good cause and after notice and, if requested, a hearing, suspend or revoke the certification of a person certified pursuant to this Subchapter. Good cause shall be deemed to exist if the person certified has committed gross negligence or fraud, or engaged in repeated acts of negligence during the performance of activities subject to the certification or if the person obtained certification through mistake, misrepresentation or fraud.
(c) For suspension or revocation of a certification, notice of the intention to suspend or revoke the certification shall be given in writing and served upon the person certified. Service shall be by personal service or certified mail to the person's address as shown on the certification application or other address known to the DAS. The notice shall specify the reasons for the action proposed to be taken by the DAS and the applicant's right to request a hearing.
(d) Any applicant may appeal the denial of certification to the Chief DAS. The appeal shall be in writing and made within 30 days of service of the denial. The applicant shall have the burden of establishing that he/she qualifies for certification. The Chief DAS shall rule on the appeal, and shall have discretion to hold a hearing on the appeal before the Chief DAS or his or her authorized representative prior to the ruling. Any hearing must commence within 90 days after the DAS receives the appeal of the denial of certification. The ruling shall be in writing and shall be sent to the applicant within 90 days after the DAS receives the appeal, or within 90 days after the last day of hearing, whichever is later. The decision of the Chief DAS shall be final, except for judicial review provided by law.
(e) An individual served with notice of the intention of the Chief DAS to suspend or revoke his or her certification may request a hearing with the Director by filing a written request for hearing with the Director within 30 days of service of the notice. Where no timely request for hearing has been made, the effective date of the suspension or revocation is deemed the 31st day following service of the notice of intention. The Director shall schedule a hearing before the Director or his or her authorized representative within 90 days after the Director receives the request for hearing. Following the hearing, the Director shall issue a written ruling that shall be sent to the appellant within 90 days after the last day of hearing. The decision of the Director shall be final except for judicial review provided by law.
Note: Authority cited: Section 3099, Labor Code. References: Section 3099, Labor Code.
s 294.0. Enforcement.
Any person who displays a certificate, or otherwise claims to be certified, who is not certified shall be prohibited from taking the test for certification for a period of five (5) years.
Note: Authority cited: Section 3099, Labor Code. References: Section 3099, Labor Code.
s 295.0. Publication of Names; Responsibility To Provide a Current Address.
(a) DAS shall publish, either electronically or in print, a current list of Certified Electricians and Electrician Trainees. Copies of this list shall be available to the public upon request and shall be updated yearly. The list shall include the zip code of the electrician's or trainee's mailing address.
(b) Applicants, Electrician Trainees, and Certified Electricians shall be responsible for notifying DAS of changes in mailing address.
Note: Authority cited: Section 3099, Labor Code. References: Sections 3099 and 3099.4, Labor Code.
s 296.0. Curriculum Committee; Curriculum Standards; Approved Curriculum.
(a) The Curriculum Committee is comprised of the State Superintendent of Public Instruction, the Chancellor of the California Community Colleges, and the Chief DAS, or their respective designees. The Curriculum Committee shall meet at least twice a year, and a unanimous vote shall be necessary for committee action. Each committee member may appoint up to three non-voting advisory members to attend committee meetings. The Chief DAS or its designee will act as secretary for the committee.
The address of the Curriculum Committee is:
DIVISION OF APPRENTICESHIP STANDARDS ATTN: ELECTRICIAN CERTIFICATION CURRICULUM COMMITTEE P.O. BOX 420603 SAN FRANCISCO, CA 94142-0603
(b) The Curriculum Committee shall adopt Curriculum Standards that satisfy the requirements of Labor Code section 3099.4. DAS shall publish the Curriculum Standards, either electronically or in print, and they shall be available to the public upon request.
(c) To apply for approval of its curriculum, an Educational Provider must submit to the Curriculum Committee a copy of its proposed curriculum, proof that the proposed curriculum has been certified by the State Department of Education or approved by the Chancellor of the California Community Colleges, and a document that identifies how each element in the Curriculum Standards is covered in the proposed curriculum. Within 90 days of the receipt of an application, the Curriculum Committee shall inform the Educational Provider in writing either that the proposed curriculum is approved or that the application or the proposed curriculum is deficient, in which case the Curriculum Committee shall inform the Educational Provider the information or documentation required to complete the application and why the proposed curriculum is deficient.
(d) An Approved Curriculum may satisfy the Curriculum Standards in whole or in part. An Educational Provider must include language in publications regarding its Approved Curriculum that notifies which elements of the Curriculum Standards are covered, and which are not.
(e) DAS shall publish, either electronically or in print, a list of Educational Providers with Approved Curriculum. The list shall be made available to the public upon request.
Note: Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099 and 3099.4, Labor Code.
s 296.1. Applying for and Renewing Registration as an Electrician Trainee.
(a) An individual who is enrolled in or has completed an Approved Curriculum may register with DAS as an Electrician Trainee by submitting an application as set forth herein. The application and all information and attachments must be submitted under penalty of perjury and accompanied by the applicable fee as set forth in Section 292.0. No application will be accepted for processing unless accompanied by the required fee.
(b) Applications may be obtained from any District Office for DAS or from DAS's website. Applications must be filed by mailing the completed application to the following address:
DIVISION OF APPRENTICESHIP STANDARDS ATTN: ELECTRICIAN CERTIFICATION UNIT P.O. BOX 420603 SAN FRANCISCO, CA 94142-0603
(c) The application must include:
(1) Full name of the applicant and any other names the applicant has used to work in the electrical industry within five years previous to the date of application.
(2) Date of birth and driver's license or state identification card number.
(3) Mailing address.
(4) Telephone number (Day and Evening).
(5) Proof of enrollment in or completion of an Approved Curriculum.
(6) Name, mailing address, and telephone number of current employer in the electrical industry, if any.
(d) Within 90 days of the receipt of an application, the DAS shall inform the applicant in writing either that the application is accepted for filing or that it is deficient or that the applicant has submitted insufficient proof of enrollment in or completion of an Approved Curriculum. If the application is deficient or the applicant has submitted insufficient proof of enrollment in or completion of an Approved Curriculum, the DAS shall inform the applicant of the information or documentation required and why the proof of enrollment in or completion of an Approved Curriculum is insufficient.
(e) An Electrician Trainee must renew his or her registration with DAS on an annual basis, by submitting a renewal application. The renewal application requirements are the same as that for the registration application, as set forth in subsections (a) through (c) above, except that no fee is required for renewal and the following additional information is required: (continued)