Part IX. ApprenticeshipChapter 1. Apprenticeship Laws§101. DefinitionsApprentice—a person at least 16 years of age, who hasentered into a written apprenticeship agreement with anemployer, an association of employers, or an organization ofemployees, providing for not less than 2,000 hours ofreasonable continuous employment and for participation inan approved program of training through employment andthrough education in related and supplemental subjects. Nolocal ordinance of any political subdivision of the state shallcause any person identified as an apprentice by such politicalsubdivision to be recognized as an apprentice by theLouisiana Workforce Commission, Apprenticeship Division.Apprenticeship Program/Program Sponsor―a programregistered with the Louisiana Workforce Commission,Apprenticeship Division meeting the minimum standards ofthe state apprenticeship law, which has been approved byboth the director of apprenticeship and the StateApprenticeship Council.Commission―the Louisiana Workforce Commission.Director—the director of apprenticeship for the LouisianaWorkforce Commission.Employer―any person or organization employing anapprentice whether or not the apprentice is enrolled withsuch person or organization, or with some other person ororganization, as an employer.Executive Director―the executive head and chiefadministrative officer of the Louisiana WorkforceCommission, or any person specifically designated by theexecutive director.Louisiana Workforce Commission, ApprenticeshipDivision—the division within Louisiana state governmentthat is recognized by the Office of Apprenticeship, UnitedStates Department of Labor as the official stateapprenticeship agency of record for registration ofapprenticeship programs for federal purposes.Sponsor―any person or organization operating a stateapprenticeship program, irrespective of whether such personor organization is an employer as a sponsor.State Apprenticeship Council (SAC)―the Louisiana StateApprenticeship Council, serving as the advisory board to theLouisiana Workforce Commission.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:428 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2209 (July2011), amended by the Louisiana Workforce Commission, Officeof Workforce Development, LR 37:2210 (July 2011).§103. Purpose of the Louisiana Apprenticeship SystemA. To provide for voluntary apprenticeship underapproved apprenticeship agreements and for the executionand approval of such agreements.

B. To open to the people of Louisiana the opportunity toobtain special training which will equip them for profitableemployment and a high type of citizenship.C. To set up as a means to this end a program ofvoluntary apprenticeship under approved standards ofapprenticeship, reviewed by the State ApprenticeshipCouncil and registered with the Louisiana WorkforceCommission, Apprenticeship Division, providing facilitiesfor apprenticeship training and guidance in the arts andcrafts of industry and trade, with parallel instruction inrelated and theoretical education.D. To relate the supply of skilled workers to industryemployment demands.E. To establish standards for apprenticeship training.F. To provide for a director of apprenticeship with theLouisiana Workforce Commission.G. To provide for reports to the legislature and the publicregarding the status of apprenticeship training in the state.H. To establish a procedure for the hearing andadjustment of apprenticeship agreement controversies.I. To accomplish related ends.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:428 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2210 (July2011).§105. State Apprenticeship CouncilA. The executive director of the Louisiana WorkforceCommission shall appoint a State Apprenticeship Council asfollows:1. three representatives of employers who have beenselected from recommendations made by employerorganizations that are party to a registered apprenticeshipprogram, and three representatives of labor organizationswho are nominated by state labor federations, who are alsoparty to a Louisiana-approved apprenticeship program;LABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 6782. two members representing the general public;3. the state official in charge of trade and industrialeducation with the Louisiana Community and TechnicalCollege System shall serve in an ex-officio capacity;4. each member shall be appointed for three years;5. any member appointed to fill a vacancy occurringprior to the expiration of the term of their predecessor shallbe appointed for the remainder of said term;6. each member of the council not otherwisecompensated by public funds, may be reimbursed fortransportation and shall be paid not more than $35 per dayfor each day spent in attendance at meetings of theapprenticeship council, which shall meet at the call of thedirector of apprenticeship; and7. in order to be considered for appointment to thecouncil, members must be party to a registered

apprenticeship program and well versed in theapprenticeship system and apprenticeable occupations, orhave previously served on the council for ten or more years.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:428 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2210 (July2011).§107. Duties and Responsibilities of the StateApprenticeship CouncilA. The State Apprenticeship Council shall:1. aid in formulating policies for the effectiveadministration of the State Apprenticeship System;2. establish standards which shall represent theminimum standards required for approval of apprenticeshipprogram standards for any proposed apprenticeship programsponsor making application for registration of a program;3. recommend such rules and regulations as may benecessary to carry out the purpose and intent thereof;4. perform such other functions as the executivedirector may direct;5. assure an opportunity for Louisiana citizens toobtain training that will equip them for profitableemployment and promote employment opportunities forthem under conditions providing adequate training andreasonable earnings as stated in section 381 of the LouisianaApprenticeship Law;6. when the State Apprenticeship Council determinesthat there is reasonable cause to believe that anapprenticeship program is not operating in accordance withthese rules and the Louisiana Apprenticeship Law, andvoluntary corrective action has not been taken by theprogram sponsor, the State Apprenticeship Council shallrecommend that the director of apprenticeship instituteproceedings to deregister the apprenticeship program andshall request the director to make a final decision on thebasis of available evidence;7. upon receipt of proposed standards by theLouisiana Workforce Commission, Apprenticeship Divisionof new programs or previously approved programs, suchstandards shall be submitted to the State ApprenticeshipCouncil for its review and recommendation to the director ofapprenticeship, who will issue the final decision regardingapproval or disapproval thereof. When an apprenticeshipprogram has been deregistered for cause or voluntarilyderegistered in accordance with the provisions set forth in§309 of this Chapter and Title 29 CFR 29.8 and 29.10, theyshall not be granted another program for at least one yearfrom the date of deregistration. A compliance review is to beconducted and the program must be in compliance withthese rules, standards and the Louisiana plan for EEO.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department of

Labor, Office of Labor, LR 12:428 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2210 (July2011).§109. Powers and Duties of the Director ofApprenticeshipA. The director of apprenticeship, under the supervisionof the executive director of the Louisiana WorkforceCommission, and with the advice and guidance of the stateapprenticeship council, is authorized to administer theprovisions of the Louisiana Apprenticeship Law (R.S.23:381 et seq.). The director of apprenticeship shall performthe following functions:1. in cooperation with the state apprenticeship council,set up conditions and training standards for apprenticeshipagreements, which shall in no case be lower than thoseprescribed by the Louisiana Apprenticeship Law;2. act as secretary of the state apprenticeship council;3. approve any apprenticeship agreement which meetsthe standards established for an apprenticeship programproperly registered with the Louisiana WorkforceCommission, Apprenticeship Division;4. terminate or cancel any apprenticeship agreement inaccordance with the provisions of such agreement or theminimum standards for that approved program;5. keep a record of apprenticeship agreements andtheir disposition;6. issue certificates of completion of apprenticeship;7. evaluate performance of registered apprenticeshipprograms using tools and factors that include, but are notlimited to quality assurance assessments, Equal EmploymentOpportunity (EEO) reviews and program completion rates;8. perform such other duties as are necessary to carryout the terms and conditions provided in the StateApprenticeship Standards; andTitle 40, Part IV679 Louisiana Administrative Code April 20149. when it is the opinion of the director ofapprenticeship, or in the opinion of the State ApprenticeshipCouncil it is needed, the director of apprenticeship mayrequest survey information to justify journeyworker wagesbeing paid by employers. This information shall includeemployer's name, address and telephone number,journeyworker wage and any other information the directorof apprenticeship feels is needed. Failure to submit all ofsuch information as requested shall constitute a violation ofthese rules and shall subject the apprenticeship programsponsor to deregistration of its apprenticeship program;a. a complete list of affiliated employers shall beupdated and submitted to the director of apprenticeship onan annual basis for such purposes;10. provide technical assistance to employers whostrive to sponsor a registered apprenticeship program withthe development of their proposed apprenticeship standards;review proposed standards for adherence to state and federalrequirements; issue preliminary approval of new programs,

pending concurrence by the State Apprenticeship Council;issue one year provisional registration of new programs andcertificate of full registration pending that said program isfound in compliance of its standards of apprenticeship afterthe first year of operation.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:428 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2211 (July2011).Chapter 3. Apprenticeship DivisionStandards and Procedure§301. Standards of ApprenticeshipA. An apprenticeship program, to be eligible forregistration/approval by the Louisiana WorkforceCommission, Apprenticeship Division shall conform to thefollowing standards.1. All apprenticeship programs proposed for adoptionshall be required to submit standards of apprenticeship onforms supplied by the Apprenticeship Division. All standardsof apprenticeship shall first be submitted to the director ofapprenticeship, who, within 90 days and after careful review,shall make a recommendation to the State ApprenticeshipCouncil for approval if all minimum standards have beenmet.a. All other notifications and requests for changesand updates relating to a program sponsor’s standards ofapprenticeship shall be submitted to the director ofapprenticeship within 45 days.2. The program shall have an organized, written planembodying the terms and conditions of employment,training, and supervision of one or more apprentices in theapprenticeable occupation, as defined in this Part, andsubscribed to by a sponsor who has undertaken to carry outthe apprentice program and shall contain a statement as towhether or not the apprentice will be compensated for therequired school time. The written plan shall also state thenames and affiliation of each employer and employeerepresentative and its Joint Apprenticeship Committee.3. The program standards shall contain the state planfor implementing Title 29 CFR Part 30, Equal EmploymentOpportunity in Apprenticeship and Training, which plan ismade a part of these rules and additional provisionsconcerning the following:a. the employment and training of the apprentice ina skilled trade;b. the term of apprenticeship, which for anindividual apprentice may be measured either through thecompletion of the industry standard for on-the-job learning(at least 2,000 hours) (time-based approach), the attainmentof competency (competency-based approach), or a blend ofthe time-based and competency-based approaches (hybridapproach), as defined in 29 CFR 29.5;

i. the determination of the appropriate approachfor the program standards is made by the program sponsor,subject to approval by the registration agency of thedetermination as appropriate to the apprenticeableoccupation for which the program standards are registered;c. an outline of the work processes in which theapprentice will receive supervised work experience andtraining on the job, and the allocation of the approximatetime to be spent in each major process;d. provision for organized, related and supplementalinstruction in technical subjects related to the trade. Aminimum of 144 hours of instruction for each year of theapprenticeship shall be required. This instruction in technicalsubjects may be accomplished through media such asclassroom, occupational or industry courses, electronicmedia, or other instruction approved by the WorkforceCommission, Apprenticeship Division. Also a statementshowing where and when the related instruction will beadministered shall be contained in the standards;e. a progressively increasing schedule of wages tobe paid the apprentice consistent with the skill acquired. Theentry wage shall not be less than the minimum wageprescribed by the Fair Labor Standards Act, whereapplicable, unless a higher wage is required by otherapplicable federal law, state law, respective regulations, orby collective bargaining agreements. The journeyworkerwage rate upon which the apprentices' wages are to be basedshall be set by the program sponsor and approved by thedirector of apprenticeship and State Apprenticeship Councilin accordance with the following criteria listed in priorityorder:i. the journeyworker wage rate set by theapplicable collective bargaining agreement pertinent to anexisting registered apprenticeship program in the same areaand for the same trade as the proposed apprenticeshipprogram;LABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 680ii. the higher of the prevailing wage for the craftfor the area as set by the U.S. Department of Labor pursuantto the Davis-Bacon Act and published in the FederalRegister;iii. in the event that an apprenticeship program isproposed for a craft in an area where there is no pertinentcollective bargaining agreement, Davis-Bacon prevailingwage rate, or local prevailing wage rate, the ApprenticeshipDivision, based on information gathered by its staff throughannual wage surveys, may set a journeyworker wage rate forthe specific area and craft, to be incorporated into theproposed standards;f. periodic review and evaluation of the apprentice'sprogress in job performance and related instruction; and themaintenance of appropriate progress reports. All programsregistered with Louisiana Workforce Commission,Apprenticeship Division shall maintain records on each

apprentice in their program as to the hours of employment,work experience and related supplemental instruction;g. the numeric ratio of apprentices tojourneyworkers consistent with proper supervision, training,safety, and continuity of employment, and applicableprovisions in collective bargaining agreements, except wheresuch ratios are expressly prohibited by the collectivebargaining agreements. The ratio language shall be specificand clear as to application in terms of jobsite, work force,department or plant; and in no instance shall such ratioprovide for more than one apprentice for eachjourneyworker employed per jobsite;h. a probationary period reasonable in relation tothe full apprenticeship term, with full credit given for suchperiod toward completion of apprenticeship, and where theprobationary period does not exceed 25 percent of the lengthof the program, or 1 year, whichever is shorter;i. adequate and safe equipment and facilities fortraining, and supervision, and safety training for apprenticeson the job and in related instruction;j. the minimum qualifications required by a sponsorfor persons entering the apprenticeship program, with aneligible starting age not less than 16 years;k. the placement of an apprentice under a writtenapprenticeship agreement as required by the stateapprenticeship law and regulations. The agreement shalldirectly, or by reference, incorporate the standards of theprogram as part of the agreement;l. the granting of credit for previously acquiredexperience, training, or skills for all applicants equally, withcommensurate wages for any progression step so granted;m. transfer of program sponsor’s training obligationwhen the program sponsor is unable to fulfill its obligationunder the apprenticeship agreement to another programsponsor, within the same trade, with the written consent ofthe apprentice and both program sponsors, subject to theapproval of the director of apprenticeship;n. assurance of qualified training personnel andadequate supervision on the job;o. recognition for successful completion ofapprenticeship is evidence by an appropriate certificate ofcompletion;p. identification of the registration agency;q. provision for the registration, cancellation andderegistration of the program; and requirement for theprompt submission of any proposed modification oramendment thereto;r. provision for registration of apprenticeshipagreements, modifications, and amendments; notice to theregistration office of persons who have successfullycompleted apprenticeship programs; and notice ofcancellations, suspensions and terminations ofapprenticeship agreements and causes therefor;s. authority for the termination of an apprenticeshipagreement during the probationary period by either party

without stated cause;t. name and address of the appropriate personauthorized by the program sponsor to receive, process andmake disposition of complaints; andu. recording and maintenance of all recordsconcerning apprenticeship as may be required by LouisianaWorkforce Commission, Apprenticeship Division and otherapplicable laws;v. any trade having been previously approved fortraining for a particular apprenticeship training programsponsor which has had no activity for a period of two years,may be canceled from the list of approved trades containedin the apprenticeship standards for such program sponsor.4. Apprenticeship instructors must meet the stateDepartment of Education’s requirements for a vocationaltechnicalinstructor, or be a subject matter expert, which isan individual, such as a journeyworker, who is recognizedwithin an industry as having expertise in a specificoccupation. In order to be considered a subject matter expertin a particular trade, an instructor must hold a registeredapprenticeship certificate of completion, or a similar tradespecific credential recognized industry-wide, and havetraining in teaching techniques and adult learning styles,which may occur before or after the apprenticeshipinstructor has started to provide the related technicalinstruction.B. Reciprocity. The Louisiana Workforce Commission,Apprenticeship Division shall accord reciprocal approval forfederal purposes to apprentices, apprenticeship programs andstandards that are registered in other states by the Office ofApprenticeship or another state registration agency if suchreciprocity is requested by the apprenticeship programsponsor. Program sponsors seeking reciprocal approval mustmeet the wage and hour provisions and apprentice ratiostandards of the reciprocal state.Title 40, Part IV681 Louisiana Administrative Code April 2014AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:429 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2211 (July2011).§303. Apprenticeship AgreementsA. The apprenticeship agreement form will be suppliedby the director of apprenticeship to apprenticeshipcommittees and to individual establishments interested inapprenticeship.B. Pre-Apprentices. For the purposes of apprenticeship,the Louisiana Workforce Commission, ApprenticeshipDivision will not indenture pre-apprentices. However, if anorganization wishes to establish a bona fide preapprenticeshiptraining program, it must make writtenrequest to the Apprenticeship Division and demonstratestrong linkages between it and a registered apprenticeship

program(s) within Louisiana. If appropriate, the director ofapprenticeship may issue a letter of recognition.C. The date of an apprenticeship agreement will be theactual date the apprentice entered employment as anapprentice as agreed to by the employer, the apprentice, andapproved by the Louisiana Workforce Commission,Apprenticeship Division.D. Apprenticeship agreements to be submitted andprocessed as follows:1. program sponsor and apprentice both complete andsign the agreement;2. program sponsor retains original on file and entersapprentice agreement into the Registered ApprenticeshipPartners Information Data System (RAPIDS) to submitelectronic request for approval by the director ofapprenticeship within 45 days of the apprentice’s first day ofemployment;3. a copy for the apprentice shall be provided; and4. director of apprenticeship shall approve or deny, asappropriate, apprentice registration related requests throughRAPIDS within 45 days of receipt, and the program sponsorwill be notified of any action taken in RAPIDS via emailimmediately thereafter.D. Every apprenticeship agreement entered into shall besigned by the contracting parties (apprentice, and theprogram sponsor or employer), and the signature of a parentor guardian if the apprentice is a minor employer.E. Where a trade is covered by a city, parish or statelicense law or ordinance requiring the journeyworker orskilled worker to produce a license to follow the trade, it willbe necessary that this provision of the law be observedbefore an apprentice employed in such establishment can beregistered.F. Every apprenticeship agreement entered into underthe provisions of the Louisiana Apprenticeship Law shallcontain:1. the names of the contacting parties;2. the date of birth of the apprentice;3. social security number, on a voluntary basis;4. a statement of the trade or craft in which theapprentice is to be taught, and the time at which theapprenticeship will begin and end;5. the number of hours to be spent by the apprentice inwork on the job in a time-based program; or a description ofthe skill sets to be attained by completion of a competencybasedprogram, including the on-the-job learningcomponent; or the minimum number of hours to be spent bythe apprentice and a description of the skill sets to beattained by completion of hybrid program; and6. a statement setting forth a schedule of the workprocesses in the trade or industry divisions in which theapprentice is to be trained and the approximate time to bespent at each process;7. the number of hours to be spent in relatedinstruction in technical subjects related to the occupation,

which shall not be not less than 144 hours per year;8. a statement of the graduated scale of wages to bepaid the apprentice;9. a statement providing for a period of probation ofnot more than 25 percent of the term of apprenticeship orone year, whichever is shorter in duration, during which timethe apprenticeship agreement may be terminated, withoutadverse impact on the program sponsor, by the director ofapprenticeship at the request, through RAPIDS, by theprogram sponsor, or in writing by the apprentice, providingthat after such probationary period the apprenticeshipagreement may be terminated by the director ofapprenticeship by mutual agreement of all parties thereto, orcanceled by the director of apprenticeship for good andsufficient reason;10. a provision that all controversies or differencesconcerning the apprenticeship agreement which cannot beadjusted locally in accordance with R.S. 23:385 shall besubmitted to the director or apprenticeship for determination,as provided in R.S. 23:390;11. a statement providing after the probationary period,the agreement may be:a. cancelled at the request of the apprentice; orb. suspended or cancelled by the sponsor, for goodcause, with due notice to the apprentice and a reasonableopportunity for corrective action, and with written notice tothe apprentice and to the registration agency within 45 daysof the final action taken;LABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 68212. such additional terms and conditions as may beprescribed or approved by the director, not inconsistent withthe provisions of this Chapter and those established by theOffice of Apprenticeship, United States Department ofLabor;13. a reference incorporating as part of the agreementthe standards of the apprenticeship program as it exists onthe date of the agreement and as it may be amended duringthe period of the agreement; and14. a statement that the apprentice will be accordedequal opportunity in all phases of apprenticeshipemployment and training, without discrimination because ofrace, color, religion, national origin or sex;15. any proposed change in the terms of a registeredapprenticeship agreement must be submitted to theApprenticeship Division for approval by the director ofapprenticeship;16. wages of the apprentice will vary with theoccupation and locality. The agreement shall contain astatement of the graduated scale of wages to be paid theapprentice (and whether or not the required school time shallbe compensated). When the graduated wage rate of theapprenticeship is set on a six month basis, in no instanceshall the increase each six months be less than 5 percent.When the wage increase is set on a yearly basis, in no

instance shall the increase be less than 10 percent each year.Provided, however, that a program that has at least aminimum starting wage rate of 45 percent of thejourneyworker hourly wage rate and has reached 75 percentof the journeyworker hourly wage rate in the final periodwill be acceptable. The starting wage rate of an apprenticeshall not be less than 45 percent of the journeyworker hourlywage or less than the applicable state/federal minimumwage. In no case shall the final period of apprenticeship beless than 75 percent of the journeyworker hourly wage in afour-year trade classification.G. Such additional terms and conditions as may beprescribed or approved by the director, not inconsistent withthe provisions of this Chapter and those established by theOffice of Apprenticeship, United States Department of Laborin accordance with 29 CFR Part 29/30.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:430 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2213 (July2011).§305. Procedure for Approval of ApprenticeshipAgreementsA. The director of apprenticeship shall approve anapprenticeship agreement within 15 days if:1. it meets the standards established under theLouisiana Apprenticeship Law and these rules for anapprenticeship program which has been properly registeredwith the Louisiana Workforce Commission, ApprenticeshipDivision;2. the agreement contains all the requisites provided in§303.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:431 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2214 (July2011).§307. Procedure for the Cancellation or Terminationof Apprenticeship Agreements and Issuance ofInterim Credentials and Certificates ofCompletionA. The director of apprenticeship may terminate orcancel any apprenticeship agreement in accordance with theprovisions of that agreement.B. In the event that an agreement is terminated bymutual consent of all parties thereto, no opportunity for ahearing prior to such termination is required.C. Prior to the cancellation or termination of anagreement for reasons other than mutual agreement of allparties, the parties to such agreement shall be afforded anopportunity for hearing after reasonable notice. Such noticeand hearing shall conform to the requirements of theAdministrative Procedure Act, R.S. 49:955.

D. Programs that adopt competency or hybrid structuredstandards of apprenticeship may request interim credentialsfor certification of competency attainments made by anapprentice from the Office of Apprenticeship, United StatesDepartment of Labor.E. Upon the satisfactory completion of apprenticeship,the director of apprenticeship shall issue a certificate ofcompletion of apprenticeship showing the trade in whichapprenticeship was served, the date of completion and thename of the program sponsor. A completion certificate shallbe issued only after the director of apprenticeship hasreceived an electronic request through the RegisteredApprenticeship Partners Information Data System (RAPIDS)for such completion certificate, signed by a representative ofthe pertinent program sponsor, which signature shall certifythat the required training and related instruction has beencompleted, or after the apprentice has furnished to thedirector of apprenticeship documented evidence whichproves that the required training and related instruction hasbeen completed. If there exists extenuating circumstances inwhich the program sponsor is unable to access RAPIDS, awritten request will be accepted.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Departmentof Labor, Office of Labor, LR 12:431 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2214 (July2011).Title 40, Part IV683 Louisiana Administrative Code April 2014§309. Settlement of Controversies or Complaints,Deregistration ProceedingsA. The director of apprenticeship is empowered toinvestigate possible violations of the terms of anapprenticeship agreement and the standards ofapprenticeship that govern such agreements. Suchinvestigation may be based upon the complaint of aninterested person, reasonable cause, a request from the stateapprenticeship council upon a majority vote, or upon theinitiative of the director of apprenticeship. The director ofapprenticeship is further empowered to hold hearings,inquiries and other proceedings necessary to suchinvestigations and determinations. Prior to any determinationconcerning a possible violation of the terms of anapprenticeship agreement or the governing standards ofapprenticeship, the director of apprenticeship shall conduct afact finding.B. Subsequent to a determination, the director ofapprenticeship shall make notification to the stateapprenticeship council, and file a fact finding includingrecommended penalties not resulting in deregistration, withthe executive director. If no appeal there from is filed withthe executive director within 10 days after the date thereof,such determination shall become the order of the director ofapprenticeship.C. Any person aggrieved by a determination or action of

the director of apprenticeship may appeal such action to theexecutive director who shall hold a hearing thereon, afterdue notice to the interested parties. Such hearing shallconform to the requirements of the Administrative ProcedureAct, R.S. 49:955.D. Deregistration1. Deregistration of a program may be effected uponthe voluntary action of the sponsor by submitting a requestfor cancellation in writing to the director of apprenticeship,or upon reasonable cause, by the director of apprenticeshipinstituting formal deregistration proceedings in accordancewith this Section.2. Deregistration at the Request of the Sponsor. Thedirector of apprenticeship may cancel the registration of anapprenticeship program by written acknowledgment of suchrequest stating the following:a. the registration is cancelled at the sponsor’srequest, and the effective date thereof;b. that, within 15 days of the date of theacknowledgment, the sponsor will notify all apprentices ofsuch cancellation and the effective date; that suchcancellation automatically deprives the apprentice ofindividual registration; that the deregistration of the programremoves the apprentice from coverage for federal purposeswhich require the secretary of Labor’s approval of anapprenticeship program, and that all apprentices are referredto the Louisiana Workforce Commission, ApprenticeshipDivision for information about potential transfer to otherregistered apprenticeship programs.3. Deregistration upon Reasonable Causea. Deregistration proceedings may be undertakenwhen the apprenticeship program is not conducted, operated,or administered in accordance with the program’s registeredprovisions or with the requirements of this part, includingbut not limited to: failure to provide on-the-job learning;failure to provide related instruction; failure to pay theapprentice a progressively increasing schedule of wagesconsistent with the apprentices skills acquired; or persistentand significant failure to perform successfully.Deregistration proceedings for violation of equal opportunityrequirements must be processed in accordance with theprovisions under 29 CFR Part 30 and Title 40, Chapter 5.b. For purposes of this Section, persistent andsignificant failure to perform successfully occurs when aprogram sponsor consistently fails to register at least oneapprentice, shows a pattern of poor quality assessmentresults over a period of several years, demonstrates anongoing pattern of very low completion rates over a periodof several years, or shows no indication of improvement inthe areas identified by the Apprenticeship Division during areview process as requiring corrective action.c. Where it appears the program is not beingoperated in accordance with the registered standards or withrequirements of this Part, the Apprenticeship Division mustnotify the program sponsor in writing.

d. The notice sent to the program sponsor’s contactperson must:i. be sent by registered or certified mail, withreturn receipt requested;ii. state the shortcoming(s) and the remedyrequired; andiii. state that a determination of reasonable causefor deregistration will be made unless corrective action iseffected within 30 days.e. Upon request by the sponsor for good cause, the30-day term may be extended for another 30 days. Duringthe period for corrective action, the Apprenticeship Divisionshall assist the sponsor in every reasonable way to achieveconformity.f. If the required correction is not effected withinthe allotted time, the Apprenticeship Division must send anotice to the sponsor, by registered or certified mail, returnreceipt requested, stating the following:i. the notice is sent under this Paragraph;ii. certain deficiencies were called to thesponsor’s attention (enumerating them and the remedialmeasures requested, with the dates of such occasions andletters), and that the sponsor has failed or refused to effectcorrection;iii. based upon the stated deficiencies and failureto remedy them, a determination has been made that there isreasonable cause to deregister the program and the programLABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 684may be deregistered unless, within 15 days of the receipt ofthis notice, the sponsor requests a hearing with theapplicable Apprenticeship Division; andiv. if the sponsor does not request a hearing, theentire matter will be submitted to the Administrator, Officeof Apprenticeship, for a decision on the record with respectto deregistration.g. If the sponsor does not request a hearing, theApprenticeship Division will transmit to the administrator areport containing all pertinent facts and circumstancesconcerning the non-conformity, including the findings andrecommendation for deregistration, and copies of all relevantdocuments and records. Statements concerning interviews,meetings and conferences will include the time, date, place,and persons present. The administrator will make a finalorder on the basis of the record presented.h. If the sponsor requests a hearing, theApprenticeship Division will follow the grievanceprocedures outlined in Subsection C of this Section and referthe matter to the executive director.i. If, based upon the evidence and testimonypresented, the executive director upholds the determinationof the director of apprenticeship, the decision shall beconclusive if no appeal there from is filed within 30 daysafter the date of the order or decision. The sponsor has theright to further appeal the decision to the administrator,

Office of Apprenticeship. The Apprenticeship Division willtransmit to the administrator a report containing all the datalisted in Subparagraph D.3.g of this Section, and theadministrator will refer the matter to the Office ofAdministrative Law Judges. An administrative law judgewill convene a hearing in accordance with 29 CFR §29.10,and issue a decision as required in 29 CFR §29.10(c).4. Every order of deregistration must contain aprovision that the sponsor must, within 15 days of theeffective date of the order, notify all registered apprenticesof the deregistration of the program; the effective datethereof; that such cancellation automatically deprives theapprentice of individual registration; that the deregistrationremoves the apprentice from coverage for state and federalpurposes which require the director of apprenticeship’sapproval of an apprenticeship program; and that allapprentices are referred to the Apprenticeship Division forinformation about potential transfer to other registeredapprenticeship programs.5. Reinstatement of Program Registration. Anyapprenticeship program deregistered under this Section and29 CFR §29.8 may be reinstated upon presentation ofadequate evidence that the apprenticeship program isoperating in accordance with this Part. Such evidence mustbe presented to the Louisiana Workforce Commission,Apprenticeship Division for consideration.6. No person shall institute any action for theenforcement of any apprenticeship agreement, or fordamages for the breach thereof unless all administrativeremedies provided in these rules have first been exhausted.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:431 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2214 (July2011).§311. Civil PenaltiesA. Provisions1. Any person, including but not limited to, anyapprenticeship program sponsor or employer of a registeredapprentice, shall be subject to a civil penalty of up to fivehundred dollars per violation of the provisions of any of thefollowing:a. Title 40, Part IX;b. approved program standards;c. an approved apprenticeship agreement;d. any rules or regulations governing apprenticeshipadopted pursuant to the authority contained within Title 40,Part IX of the Louisiana Administrative Code.2. Reasonable litigation expenses may be awarded tothe prevailing party of the adjudicatory hearing. Reasonablelitigation expenses means any expenses, not exceeding$7,500, reasonably incurred in prosecuting, opposing, orcontesting an agency action, including but not limited toattorney fees, stenographer fees, investigative fees and

expenses, witness fees and expenses, and administrativecosts.B. Civil penalties may be imposed only by a ruling of theexecutive director or his designee, in accordance with §309of this Part.C. Out of the civil penalties collected for violations,expenses incurred in enforcing any provisions may be paidby the commission.D. The executive director may institute civil proceedingsin the appropriate district court for the principal place ofbusiness of the employer to enforce his rulings or seekinjunctive relief to restrain and prevent violations of theprovisions of this Chapter or of the rules and regulationsadopted under the provisions of this Chapter. The court shallaward attorney fees and court costs to the prevailing party. Inthe event judgment is rendered in said court affirming thecivil penalties assessed, the court shall also award to theLouisiana Workforce Commission, Apprenticeship Divisionjudicial interest on said penalties from the date of suchjudgment until paid.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Louisiana Workforce Commission, Office of WorkforceDevelopment, LR 37:2216 (July 2011).§313. Cooperation with Other OrganizationsA. Louisiana Workforce Commission Business andCareer Solution Centers shall:Title 40, Part IV685 Louisiana Administrative Code April 20141. assist in the recruiting and placement of apprenticesas appropriate ; and2. advise job seekers of the registered apprenticeshipopportunities in their region and their minimum entrancerequirements.B. Louisiana Community and Technical College Systemshall:1. supply related training to apprentice classes, andshall furnish classrooms, aids, technical equipment, andother such training materials necessary to the proper trainingof the apprentices;2. supervise the related training of apprentices;3. advise youth as to the entrance requirements ofapprenticeship training; and4. advise employers as to the advantages of apprenticetraining.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:432 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2216 (July2011).§315. LimitationsA. In accordance with Act 364 of 1938, Section 391,nothing in this Chapter or in any apprentice agreement

approved under this Chapter shall operate to invalidate anyapprenticeship provision in any collective agreementbetween employers and employees.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:432 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2216 (July2011).§317. Criteria for Apprenticeable OccupationsA. An apprenticeable occupation is a skilled trade whichpossesses all of the following characteristics.1. It is customarily learned in a practical way througha structured, systematic program of on-the-job supervisedtraining.2. It is clearly identified and commonly recognizedthroughout an industry.3. It involves manual, mechanical or technical skillsand knowledge which require a minimum of 2,000 hours ofon- the-job work experience.4. It requires related instruction to supplement the onthe-job training.5. It has been approved by the United StatesDepartment of Labor as an apprenticeable occupation.6. In instances when an employer proposes thedevelopment of an apprenticeship program for an occupationthat is not found on the federal apprenticeable occupationslist, the employer shall provide evidence that:a. the occupation is considered “high demand”according to Louisiana labor market information;b. the occupation represents an emerging demandindustry-wide;c. the occupation meets all other criteria for anapprenticeable occupation;d. an application has been submitted to the UnitedStates Department of Labor for the occupation to berecognized as apprenticeable.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:432 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2216 (July2011).Chapter 5. Louisiana State Plan forEqual Opportunity in Apprenticeship§501. Scope and PurposeA. This plan sets forth policies and procedures topromote equality of opportunity in apprenticeship programsregistered with the Louisiana Workforce Commission,Apprenticeship Division. These policies and proceduresapply to the recruitment and selection of apprentices, and toall conditions of employment and training duringapprenticeship. The procedures established provide forreview of apprenticeship programs, for registering

apprenticeship programs, for processing complaints and forderegistering non-complying apprenticeship programs.B. The purpose of this plan is to promote equality ofopportunity in apprenticeship by prohibiting discriminationbased on race, color, religion, national origin, or sex inapprenticeship programs, by requiring affirmative action toprovide equal opportunity in such apprenticeship programs,and by coordinating this plan with other equal opportunityprograms.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:433 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2217 (July2011).§503. DefinitionsCommission―the Louisiana Workforce Commission.Employer―any person or organization employing anapprentice whether or not the apprentice is enrolled withsuch person or organization or with some other person ororganization as an employer.LABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 686Executive Director―the executive head and chiefadministrative officer of the Louisiana WorkforceCommission, or any person specifically designated by theexecutive director.Louisiana Workforce Commission, ApprenticeshipDivision―the division within Louisiana state governmentthat is recognized by the Office of Apprenticeship, UnitedStates Department of Labor as the official stateapprenticeship agency of record for registration ofapprenticeship programs for federal purposes.Sponsor―any person or organization operating a stateapprenticeship program, irrespective of whether such personor organization is an employer as a sponsor.State Apprenticeship Council (SAC)―the Louisiana StateApprenticeship Council, serving as the advisory board to theLouisiana Workforce Commission.State Apprenticeship Program―a program registered withthe Louisiana Workforce Commission, ApprenticeshipDivision and meeting the minimum standards of theapplicable federal and state apprenticeship laws.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:433 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2217 (July2011).§505. AuthorityA. Under the authority vested in the LouisianaWorkforce Commission, Apprenticeship Division and set outin Louisiana Revised Statutes, 1950, (annotated) asamended, R.S. 23:381 through R.S. 23:391, a policy is

hereby formulated for non-discrimination in apprenticeshipand training by the Louisiana Workforce Commission,Apprenticeship Division.B. On May 12, 1978, a revised Title 29 CFR Part 30 wasestablished at the request of the Office of the Secretary ofLabor, U.S. Department of Labor. Section 30.15, "StateAgencies," of Title 29, Part 30, encourages all stateapprenticeship agencies to adopt and implement thestandards of the U.S. Department of Labor policy.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:433 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2217 (July2011).§507. Equal Opportunity StandardsA. Obligation of Sponsor. Each sponsor of anapprenticeship program shall:1. recruit, select, employ and train apprentices duringtheir term of apprenticeship without discrimination becauseof race, color, religion, national origin, or sex;2. uniformly apply rules and regulations concerningapprentices, including but not limited to equality of wages,periodic advancement, promotion, assignment of work, jobperformance, rotation among all work processes of the trade,imposition of penalties or other disciplinary action, and allother aspects of the apprenticeship program administrationby the program sponsor; and3. take affirmative action to provide equal opportunityin apprenticeship, including adoption of an affirmativeaction plan as required by this state plan.B. Equal Opportunity Pledge. Each sponsor of anapprenticeship program shall include in its standards thefollowing equal opportunity pledge:"The recruitment, selection, employment, and training ofapprentices during their apprenticeship, shall be withoutdiscrimination because of race, color, religion, national origin,or sex. The sponsor will take affirmative action to provideequal opportunity in apprenticeship and will operate theapprenticeship program as required under Title 29 of Code ofFederal Regulations, Part 30, and the Louisiana State Plan."C. Programs Presently Registered. Each sponsor of aprogram registered with the council as of the effective dateof this Part shall within 90 days of that effective date takethe following action:1. include in the standards of its apprenticeshipprogram the equal opportunity pledge prescribed by §507.B;2. adopt an affirmative action plan as required by§509; and3. adopt a selection procedure as required by §511 ofthis plan. A sponsor adopting a selection method asdescribed under §511.B.2, 3, or 4 shall prepare, and haveavailable for submission upon request copies of its amendedstandards, affirmative action plans, and selection procedure.A sponsor adopting a selection method as described under§551.B.5 shall submit to the council copies of its standards,

affirmative action plan, and selection procedure inaccordance with the requirements of §511.B.5.D. Sponsors Seeking New Registration. A sponsor of aprogram seeking new registration with the apprenticeshipdivision shall submit copies of its proposed standards,affirmative action plan, selection procedures, and such otherinformation as may be required. The program shall beregistered if such standards, affirmative action plan, andselection procedure meet the requirements of this plan.E. Programs Subject to the Approved Equal EmploymentOpportunity Plans. A sponsor shall not be required to adoptan affirmative action plan described under §509 of this planor a selection procedure described under §511 if it submits tothe Apprenticeship Division and State ApprenticeshipCouncil satisfactory evidence that it is in compliance with anequivalent equal employment opportunity program. Thisprogram must provide for affirmative action inapprenticeship including goals and timetables for womenand minorities and must be approved as meeting therequirements of Title VII of the Civil Rights Act of 1964, asamended (42 U.S.C. 2000e et seq.) and its implementingregulations published in Title 29 of the Code of FederalTitle 40, Part IV687 Louisiana Administrative Code April 2014Regulations, Chapter, XIV, or Executive Order 11246, asamended and its implementing regulations at Title 41 of theCode of Federal Regulations, Chapter 60 provided, thatprograms approved, modified, or renewed subsequent to theeffective date of this amendment will qualify for thisexception only if the goals and timetables for the selection ofminority and female apprentices provided for in suchprograms are equal to or greater than the goals requiredunder this Subsection.F. Program with Fewer than Five Apprentices. A sponsorof a program in which fewer than five apprentices areindentured shall not be required to adopt an affirmativeaction plan under §509 of this plan or a selection procedureunder §511, provided that such program was not adopted tocircumvent the requirements of this Subsection.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:433 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2217 (July2011).§509. Affirmative Action PlansA. Adoption of Affirmative Action Plans. A sponsor'scommitment to equal opportunity in recruitment, selection,employment, and training of apprentices shall include theadoption of a written affirmative action plan.B. Definition of Affirmative Action. Affirmative action isnot merely passive nondiscrimination. It includesprocedures, methods, and programs for the identification,positive recruitment, training, and motivation of present andpotential minority and female (minority and nonminority)

apprentices, including the establishment of goals andtimetables. It is action which will equalize opportunity inapprenticeship so as to allow full utilization of the workpotential of minorities and women. The overall result to besought is equal opportunity in apprenticeship for allindividuals participating in or seeking entrance to thenation's labor force.C. Outreach and Positive Recruitment. An acceptableaffirmative action plan must also include adequate provisionfor outreach and positive recruitment that would reasonablybe expected to increase minority and female participation inapprenticeship by expanding the opportunity of minoritiesand women to become eligible for apprentice selection. Theaffirmative action plan shall set forth the specific steps thesponsor intends to take in the areas listed below in order toachieve these objectives.1. Disseminate Information Concerning the Nature ofApprenticeship, Availability of ApprenticeshipOpportunities, Source of Apprenticeship Applicants, and theEqual Opportunity Policy of the Sponsor. For programsaccepting applications only at specified intervals, suchinformation shall be disseminated at least 30 days in advanceof the earliest date for applications at each interval. Forprograms customarily receiving applications throughout theyear, such information shall be regularly disseminated butnot less than semi-annually. Such information shall be givento the apprenticeship division, U.S. Department of Labor,local schools, employment service offices, women's centers,outreach programs, and community organizations which caneffectively reach minority groups and women, and publishedin newspapers which are circulated in the minoritycommunity and among women, as well as the general areasin which the program sponsor operates.2. Participate in annual workshops conducted byemployment service agencies for the purpose offamiliarizing school, employment service, and otherappropriate personnel with the apprenticeship system andcurrent opportunities therein.3. Cooperate with local school boards and vocationaleducation systems to develop programs for preparingstudents to meet the standards and criteria required to qualifyfor entry into apprenticeship programs.4. Provide internal communication of the sponsor'sequal opportunity policy in such a manner as to fosterunderstanding, acceptance, and support among the sponsor'svarious officers, supervisors, employees, and members, andto encourage such persons to take necessary action to aid thesponsor in meeting its obligations under this plan.5. Engage in programs such as Outreach for thepositive recruitment and preparation of potential applicantsfor apprenticeship; where appropriate and feasible, suchprograms shall provide for pre-testing experience andtraining. If no such programs are in existence, the sponsorshall seek to initiate these programs, or, when available, toobtain financial assistance from the U.S. Department of

Labor. In initiating and conducting these programs, thesponsor may be required to work with other sponsors andappropriate community organizations. The sponsor also shallinitiate programs to prepare women to enter traditionallymale programs.6. Encourage establishment and use of programs ofpreapprenticeship, preparatory trade training, or otherprograms designed to afford related work experience or toprepare candidates for apprenticeship. A sponsor shall makeappropriate provision in its affirmative action plan to assurethat those who complete such programs are afforded full andequal opportunity for admission into the apprenticeshipprogram.7. Utilize journeypersons to assist in theimplementation of the sponsor's affirmative action program.8. Grant advanced standing or credit on the basis ofpreviously acquired experience, training, skills, or aptitudefor all applicants equally.9. Admit to apprenticeship persons whose age exceedsthe maximum age for admission to the program, where suchaction assists the sponsor in achieving its affirmative actionobligations.10. Take any other action necessary to ensure thatrecruitment, selection, employment, and training ofapprentices during apprenticeship, shall be withoutLABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 688discrimination because of race, color, religion, nationalorigin, or sex, such as general publication of apprenticeshipopportunities and advantages in advertisements, industryreports, articles, etc.; use of present minority and femaleapprentices and journeypersons as recruiters; careercounseling; periodic auditing of affirmative action programsand activities; and development of reasonable proceduresbetween sponsors and employers of apprentices to ensurethat equal employment opportunity is being grantedincluding reporting systems, on-site reviews, briefingsessions, etc.D. Goals and Timetables1. A sponsor adopting a selection method under§511.B.2 or 3 of this plan which determines on the basis ofthe analysis described in §509.E that it has deficiencies interms of underutilization of minorities and/or women(minority and nonminority) in craft or crafts represented bythe program shall include in its affirmative action planpercentage goals and timetables for admission of minoritiesand/or female (minority and non-minority) applicants intothe eligibility pool.2. A sponsor adopting a selection method under§511.B.4 or 5 which determines on the basis of the analysisdescribed in Subsection E of this Section that it hasdeficiencies in terms of underutilization of minorities and/orwomen in craft or crafts represented by the program shallinclude in its affirmative action plan percentage goals andtimetables for selecting minority and female (minority and

nonminority) applicants for the apprenticeship program.E. Underutilization1. As used in this Paragraph, underutilization refers toa condition in which fewer minorities and/or women(minority and nonminority) are employed in the particularcraft or crafts represented by the program than would bereasonably expected in view of an analysis of specificfactors in §509.F.1-5 of this plan.2. When, on the basis of the analysis, the sponsordetermines that it has no deficiencies, no goals andtimetables need be established. However, where no goalsand timetables are established, the affirmative action planshall include a detailed explanation why no goals andtimetables have been established.3. When the sponsor fails to submit goals andtimetables as part of its affirmative action plan or submitsgoals and timetables which are unacceptable, and the councildetermines that the sponsor has deficiencies in terms ofunderutilization of minorities or women (minority andnonminority) within the meaning of this Paragraph, thecouncil shall establish goals and timetables applicable to thesponsor for admission of minority and female (minority andnon-minority) applicants into the eligibility pool or selectionof apprentices, as appropriate. The sponsor shall make goodfaith efforts to attain these goals and timetables inaccordance with all requirements of this Paragraph.F. Analysis to Determine if Deficiencies Exist. Thisanalysis shall be set forth in writing of the affirmative actionplan. The sponsor's determination as to whether goals andtimetables shall be established, shall be based on an analysisof at least the following factors:1. the size of the working age minority and female(minority and nonminority) population in the programsponsor's labor market area;2. the size of the minority and female (minority andnon-minority) labor force in the program sponsor's labormarket area;3. the percentage of minority and female (minorityand non-minority) participation as apprentices in theparticular craft as compared with the percentage ofminorities and women in the labor force in the programsponsor's labor market area;4. the percentage of minority and female (minorityand non-minority) participation as journeypersons employedby the employer or employers participating in the programas compared with the percentage of minorities and women(minority and non-minority) in the sponsor's labor marketarea and the extent to which the sponsor should be expectedto correct any deficiencies through the achievement of goalsand timetables for the selection of apprentices; and5. the general availability of minorities and women(minority and non-minority) with present or potentialcapacity for apprenticeship in the program sponsor's labormarket area.G. Establishment and Attainment of Goals and

Timetables. Goals and timetables shall be established on thebasis of the sponsor's analyses of its underutilization ofminorities and women and its entire affirmative actionprogram. A single goal for minorities and a separate singlegoal for women is acceptable unless a particular group isemployed in a substantially disparate manner in which caseseparate goals shall be established for such group. Suchseparate goals would be required, for example, if a specificminority group of women were underutilized even thoughthe sponsor had achieved its standards for women generally.In establishing goals, the sponsor should consider resultswhich could be reasonably expected from its good-faithefforts to make its overall affirmative action program work.Compliance with these requirements shall be determined bywhether the sponsor has met its goals within its timetables,or failing that, whether it has made good faith efforts to meetits goals and timetables. Its good faith efforts shall be judgedby whether it is following its affirmative action program andattempting to make it work, including evaluation andchanges in its program where necessary to obtain maximumeffectiveness toward attainment of its goals. However, inorder to deal fairly with program sponsors, and with womenwho are entitled to protection under goals and timetablesrequirements, during the first 12 months after the effectivedate of these regulations, the program sponsor wouldgenerally be expected to set a goal for women for theentering year class at a rate which is not less than 50 percentof the proportion women represent in the workforce in theprogram sponsor's labor market area, and set a percentagegoal for women in each class beyond the entering classTitle 40, Part IV689 Louisiana Administrative Code April 2014which is not less than the participation rate of womencurrently in the preceding class. At the end of the first 12months after the effective date of these regulations, sponsorsare expected to make appropriate adjustments in goal levels.See §515.B.H. Data and Information. The director of apprenticeshipshall make available to program sponsors data andinformation on minority and female (minority andnonminority) labor force characteristics for each standardmetropolitan statistical area, and for other special areas asappropriate.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:433 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2218 (July2011).§511. Selection of ApprenticesA. Obligations of Sponsors. In addition to developmentof a written affirmative action plan to ensure that minoritieshave an equal opportunity for selection as apprentices andotherwise ensure prompt achievement of full and equalopportunity in apprenticeship, each sponsor shall further

provide in its affirmative action program that selection ofapprentices shall be made under one of the methodsspecified in Paragraphs B.2-5 of this Section.B. Selection. The requirements set forth in thisParagraph B.1 of this Section shall apply to all the methodsspecified in Paragraphs B.2-5 of this Section.1. Creation of Pool of Eligibles. A pool of eligiblesshall be created from applicants who meet the qualificationof minimum legal working age or from applicants who meetqualification standards in addition to minimum legal age andprovided that any additional qualification standards conformwith the following requirements.a. Qualification Standards. Qualification standards,and procedures for determining such qualification standards,shall be stated in detail and shall provide criteria for thespecific factors and attributes which are to be considered inevaluating applicants for admission to the pool. The scorerequired under each qualification standard for admission tothe pool also shall be specified. All qualification standards,and the score required on any standard for admission to thepool, shall be directly related to job performance, as shownby a significant statistical relationship the score required foradmission to the pool, and performance in the apprenticeshipprogram. In demonstrating such relationships, the sponsorshall follow procedures set forth in the Guidelines onEmployee Selection Procedures, published at 41 CFR Part60-3. Qualifications shall be considered as separatelyrequired so that failure of an applicant to attain the specifiedscore under a single qualification standard shall disqualifythe applicant from admission to the pool.b. Aptitude Tests. Any qualification standard foradmission to the pool consisting of aptitude test scores shallbe directly related to job performance, as shown bysignificant statistical relationships between the score on theaptitude tests required for admission to the pool, andperformance in the apprenticeship program. In determiningsuch relationships, the sponsor shall follow the proceduresset forth in 41 CFR Part 60-3. The requirements of thisSubparagraph also shall be applicable to aptitude tests usedby a program sponsor which are administered by a stateemployment service agency, a private employment agency,or any other person, agency, or organization engaged inselection or evaluation of personnel. A national testdeveloped and administered by a national jointapprenticeship committee will not be approved by thecouncil unless the test meets the requirements of this Part.c. Educational Attainments. All educationalattainments or achievements as qualifications for admissionto the pool shall be directly related to job performance, asshown by a significant statistical relationship between thescore required for admission to the pool, and performance, inthe apprenticeship program. In demonstrating suchrelationships, the sponsor shall meet the requirements of 41CFR Part 60-3. School records or a passing grade on thegeneral education development tests recognized by the state

or local public instruction authority shall be evidence ofeducational achievement. Education requirements shall beapplied uniformly to all applicants.d. Oral Interviews. Oral interviews shall not be usedas a qualification standard for admission into an eligibilitypool. However, once an applicant is placed in the eligibilitypool, and before he or she is selected for apprenticeship fromthe pool, he or she may be required to submit to an oralinterview. Oral interviews shall be limited only to suchobjective questions as may be required to determine fitnessof applicants to enter the apprenticeship program, but shallnot include questions relating to qualifications previouslydetermined in gaining entrance to the eligibility pool. Whenan oral interview is used, each interviewer shall record thequestions and the general nature of the applicant’s answers,and shall prepare a summary of any conclusions. Eachapplicant rejected from the pool of eligibles on the basis ofan oral interview shall be given a written statement of suchrejection, reasons therefore, and appeal rights available tothe applicant.e. Notification of Applicants. All applicants whomeet requirements for admission shall be notified and placedin the eligibility pool. The program sponsor shall give eachapplicant from the applicant pool notice of his or herrejection, including reasons for the rejection, requirementsfor admission to the pool of eligibles, and appeal rightsavailable to the applicant.f. Goals and Timetables. The sponsor shallestablish, where required by §509.D, percentage goals andtimetables for admission of minorities and women (minorityand nonminority) into the pool of eligibles in accordancewith provisions of §509.D, E, and F.g. Compliance. A sponsor shall be deemed to be incompliance with its commitment under §511.B.1.f of thisLABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 690plan if it meets its goals or timetables or if it makes a goodfaith effort to meet these goals and timetables. In the eventof failure of the sponsor to meet it goals and timetables, itshall be given an opportunity to demonstrate that it has madeevery good-faith effort to meet its commitments (refer to§509.F). All the actions of the sponsor shall be reviewed andevaluated in determining whether such good-faith effortshave been made.2. Selection on Basis of Rank from a Pool of EligibleApplicants. A sponsor may select apprentices from a pool ofeligible applicants created in accordance with requirementsfor §511.B.1 on the basis of rank order of scores ofapplicants on one or more qualification standards, wherethere is a significant statistical relationship between rankorder of scores and performance in the apprenticeshipprogram. In demonstrating such relationship, the sponsorshall follow procedures set forth in 41 CFR Part 60-3.3. Random Selection from Pool of Eligible Applicantsa. Selection. A sponsor may select apprentices from

a pool of eligible applicants on a random basis. The methodof random selection is subject to approval by the council.Supervision of the random selection process shall be by animpartial person or persons selected by the sponsor, but notassociated with the administration of the apprenticeshipprogram. The time and place of the selection, and thenumber of apprentices to be selected, shall be announced.The place of selection shall be open to all applicants and thepublic. The names of apprentices drawn by this method shallbe posted immediately following selection at the programsponsor's place of business. The sponsor adopting thismethod of selecting apprentices shall meet the requirementsof §511.B.1.a-g of this plan relating to creation of the pool ofeligibles, oral interviews, and notification of applicants.b. Goals and Timetables. The sponsor shallestablish, where required by §509.D, percentage goals andtimetables for admission of minorities and women (minorityand nonminority) into the pool of eligibles in accordancewith provisions of §509.D, E and F.c. Compliance. Determinations as to the sponsor'scompliance with its obligations under these regulations shallbe in accordance with provisions of §511.B.1.g.4. Selection from Pool of Current Employeesa. Selection. A sponsor may select apprentices froman eligibility pool of the workers already employed by theprogram sponsor in a manner prescribed by a collectivebargaining agreement where such exists, or by the sponsor'sestablished promotion policy. The sponsor adopting thismethod of selecting apprentices shall establish goals andtimetables for selection of minority and female (minorityand nonminority) apprentices, unless the sponsor concludesin accordance with provisions of §509.D, E, and F that itdoes not have deficiencies in terms of underutilization ofminorities and/or women in the apprenticeship ofjourneyperson crafts represented by the program.b. Compliance. Determinations as to the sponsor'scompliance with its obligations under these regulations shallbe in accordance with provisions of §511.B.1.g of this plan.5. Alternative Selection Method. A sponsor may selectapprentices by means of any other method, including itspresent selection method, providing that the sponsor meetsthe following requirements:a. Selection Method, Goals, and Timetables. Within90 days of the effective date of this plan, the sponsor shallsubmit to the council a detailed statement of the selectionmethod it proposes to use, along with the rest of its writtenaffirmative action program. It should include, when requiredby §509.D, its percentage goals and timetables for selectionof minority and/or female (minority and nonminority)applicants for apprenticeship and its written analysis uponwhich such goals and timetables, or lack thereof, are based.Establishment of goals and timetables must be in accordancewith provisions of §509.D, E and F. The sponsor may notimplement any such selection method until the council hasapproved the selection method as meeting requirements of

§511.B.5.b and has approved the remainder of its affirmativeaction program including its goals and timetables. If thecouncil fails to act upon the selection method and theaffirmative action program within 30 days of its submission,the sponsor may then implement the selection method.b. Qualification Standards. Apprentices shall beselected on the basis of objective and specific qualificationstandards. Examples of such standards are fair aptitude tests,school diplomas or equivalent, occupationally essentialphysical requirements, fair interviews, school grades, andprevious work experience. When interviews are used,adequate records shall be kept including a brief summary ofeach interview and the conclusions on each of the specificfactors, e.g., motivation, ambition, and willingness to acceptdirection, all of which are factors of the total judgment. Inapplying any such standards, the sponsor shall meet therequirements of 41 CFR Part 60-3.c. Compliance. Determination of the sponsor'scompliance with its obligations under these regulations shallbe in accordance with provisions of §511.B.1.g. When asponsor, despite its good-faith efforts, fails to meet its goalsand timetables within a reasonable period of time, thesponsor may be required to make appropriate changes in itsaffirmative action program to the extent necessary to obtainmaximum effectiveness toward attainment of its goals. Thesponsor also may be required to develop and adopt analternative selection method, including a method prescribedby the council, when it is determined that the failure of thesponsor to meet its goals is attributable in substantial part tothe selection method. When the sponsor's failure to meet itsgoals is attributable in substantial part to its use of aqualification standard which has adversely affectedopportunities of minority and/or women (minority andnonminority) for apprenticeship, the sponsor maybe requiredto demonstrate that such qualification standard is directlyrelated to job performance, in accordance with provisions of§511.B.1.a.Title 40, Part IV691 Louisiana Administrative Code April 2014AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391..HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:435 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2220 (July2011).§513. Existing List of Eligibles and Public NoticesA. A sponsor adopting a selection method under§511.B.2 or 3 and a sponsor adopting a selection methodunder §511.B.5 who determines that there a fewer minoritiesand/or women (minority and nonminority) on its existinglists of eligibles than would reasonably be expected in viewof the analysis described in §509.E shall discard all existingeligibility lists upon adoption of selection methods requiredby this plan. New eligibility pools shall be established, andlists of eligibility pools be posted at the sponsor's place of

business. Sponsors shall establish a reasonable period of notless than two weeks for accepting applications for admissionto an apprenticeship program. There shall be at least 30 daysof public notice in advance of the earliest date forapplication for admission to the apprenticeship program (see§509.C on affirmative action with respect to disseminationof information).B. Applicants who have been placed in a pool ofeligibles shall be retained on lists of eligibles subject toselection for a period of two years. Applicants may beremoved from the list at an earlier date by their request orfollowing their failure to respond to an apprentice jobopportunity given by certified mail, return receipt requested.C. Applicants who have been accepted in the programshall be afforded a reasonable period of time in light ofcustoms and practices of the industry for reporting for work.All applicants shall be treated equally in determining suchperiod of time. It shall be the responsibility of the applicantto keep the sponsor informed of his or her current mailingaddress. A sponsor may restore to the list of eligibles anapplicant who has been removed from the list at his requestor who has failed to respond to an apprenticeship jobopportunity.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-291.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:436 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2221 (July2011).§515. RecordsA. Obligations of Sponsors. Each sponsor shall keepadequate records including a summary of qualifications ofeach applicant; the basis for evaluation and for selection orrejection of each applicant; a record pertaining to interviewsof applicants; the original application for each applicant;information relative to the operation of the apprenticeshipprogram, including but not limited to job assignment,promotion, demotion, layoff, or termination, rates of pay, orother forms of compensation or conditions of work and,separately, hours of training provided; and any other recordspertinent to a determination of compliance with theseregulations, as may be required by the apprenticeshipdivision. The records pertaining to individual applicants,whether selected or rejected, shall be maintained in such amanner as to permit identification of minority and female(minority and nonminority) participants.B. Affirmative Action Plans. Each sponsor must retain astatement of its affirmative action plan required by §509 forthe prompt achievement of full and equal opportunity inapprenticeship, including all data and analysis madepursuant to requirements of §509. Sponsors shall annuallyreview their affirmative action plans and update them whennecessary, including the goals and timetables.C. Qualification Standards. Each sponsor must maintainevidence that its qualification standards have been validated

in accordance with requirements set forth in §511.B.D. Maintenance of Records by Sponsors. All recordsrequired by this plan and any other information relevant tocompliance with these regulations, shall be maintained forfive years, and made available, upon request, to theLouisiana Workforce Commission, Apprenticeship Division,the U.S. Department of Labor, or other authorized persons.E. Records of the Louisiana Workforce Commission,Apprenticeship Division. The apprenticeship division shallkeep adequate records, including registration requirements,approved individual program standards, registration records,deregistration records, program compliance reviews andinvestigations, individual program ethnic count, totalapprenticeship ethnic count, and any other records pertinentto a determination of compliance with this plan as may berequired by the U.S. Department of Labor, and shall reportsuch to the U.S. Department of Labor Office ofApprenticeship, semi-annually.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:437 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2222 (July2011).§517. Compliance ReviewsA. Conduct of Compliance Reviews. The council willregularly conduct systematic reviews of apprenticeshipprograms in order to determine the extent to which sponsorsare complying with these regulations. The council also willconduct compliance reviews when circumstances, includingreceipt of complaints not referred to a private review bodypursuant to §521.B.1, so warrant, and take appropriate actionregarding programs which are not in compliance with therequirements of this plan. Compliance reviews will consistof comprehensive analysis and evaluation of each aspect ofthe apprenticeship program, including onsite investigationsand audits.B. Reregistration. A sponsor seeking reregistration shallbe subject to a compliance review as described in §517.A aspart of the registration process.LABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 692C. New Registration. Sponsors seeking new registrationshall be subject to a compliance review as described in§517.A by the apprenticeship division as part of theregistration process.D. Voluntary Compliance. When a compliance reviewindicates that the sponsor is not operating in accordance withthis plan, the apprenticeship division shall notify the sponsorin writing of results of the review and make a reasonableeffort to secure voluntary compliance on the part of theprogram sponsor within a reasonable time beforeundertaking sanctions described under §525. In the case ofsponsors seeking new registration, the apprenticeshipdivision will provide appropriate recommendations to the

sponsor to enable it to achieve compliance for registrationpurposes.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:437 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2222 (July2011).§519. Noncompliance with Federal and State EqualOpportunity RequirementsA. A pattern or practice of noncompliance by a sponsor(or when the sponsor is a joint apprenticeship committee, byone of the parties represented on such committee) withfederal or state laws or regulations requiring equalopportunity may be grounds for imposition of sanctions inaccordance with §525 if such noncompliance is related toequal employment opportunities of apprentices and/orgraduates of such an apprenticeship program under this plan.The sponsor shall take affirmative steps to assist andcooperate with employers and unions in fulfilling their equalemployment opportunity obligations.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:437 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2222 (July2011).§521. Complaint ProcedureA. Filing1. Any apprentice or applicant for apprenticeship whobelieves that he or she has been discriminated against on thebasis of race, color, religion, national origin, or sex, withregard to apprenticeship, or that equal opportunity standardswith respect to his or her selection have not been followedduring an apprenticeship program may, by himself/herself,or by an authorized representative, file a complaint with theapprenticeship division, or at the apprentice’s or applicant’selection with a private review body established pursuant to§521.A.3. The complaint shall be in writing and signed bythe complainant. It must include the name, address, andtelephone number of the person allegedly discriminatedagainst, the program sponsor involved, and a briefdescription of the circumstances of the failure to apply theequal opportunity standards provided for in this plan.2. The complaint must be filed not later than 180 daysfrom the date of the alleged discrimination or specifiedfailure to follow equal opportunity standards. In the case ofcomplaints filed directly with review bodies designated byprogram sponsors to review such complaint, any referral ofsuch complaint by the complainant to the apprenticeshipdivision must occur within the time limitation stated aboveor 30 days from the final decision of such review body,whichever is later. The time may be extended by theapprenticeship division for good cause shown.3. Sponsors are encouraged to establish fair, speedy,

and effective procedures for a review body to considercomplaints of failure to follow equal opportunity standards.A private review body established by the program sponsorfor this purpose should number three or more responsiblepersons from the community serving in this capacity withoutcompensation. Members of the review body should not bedirectly associated with administration of an apprenticeshipprogram. Sponsors may join together in establishing areview body to serve the needs of programs within thecommunity.B. Processing of Complaints1. When the sponsor has designated a review body forreviewing complaints, and if the Apprenticeship Divisiondetermines that such review body will effectively enforceequal opportunity standards, the Apprenticeship Division,upon receiving a complaint, shall refer the complaint to thereview body.2. The Apprenticeship Division shall, within 30 daysfollowing referral of a complaint to the review body, obtainreports from a complainant and the review body as to thedisposition of the complaint. If the complaint has beensatisfactorily adjusted, and there is no other indication offailure to apply equal opportunity standards, the case shallbe closed and all parties appropriately informed.3. When a complaint has not been resolved by thereview body within 90 days, or when, despite satisfactoryresolution of the particular complaint by the review body,there is evidence that equal opportunity practices of theapprenticeship program are not in accordance with this plan,the apprenticeship division may conduct such compliancereview as found necessary and will take all necessary stepsto resolve the complaint.4. Where no review body exists, the apprenticeshipdivision may conduct such compliance review as foundnecessary in order to determine all facts of the complaint,and obtain such other information relating to compliancewith these regulations as circumstances warrant.5. Sponsors shall provide written notice of the abovecomplaint procedure to all applicants for apprenticeship andall apprentices.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.Title 40, Part IV693 Louisiana Administrative Code April 2014HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:437 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2223 (July2011).§523. Adjustments in Schedule for Compliance Reviewor Complaint ProcessingA. If, in the judgment of the Apprenticeship Division, aparticular situation warrants and requires special processingand either expedited or extended determination, it shall takesteps necessary to permit such determination if it finds thatno person or party affected by such determination will be

prejudiced by such special processing.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:438 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2223 (July2011).§525. SanctionsA. When the Apprenticeship Division, as a result of acompliance review or other reason, determines that there isreasonable cause to believe that an apprenticeship programis not operating in accordance with this plan, and voluntarycorrective action has not been taken by the program sponsor,the apprenticeship division shall institute proceedings toderegister the program or it shall refer the matter to the U.S.Department of Labor for referral to the Equal EmploymentOpportunity Commission or the attorneygGeneral withrecommendations for institution of a court action by theattorney general under Title VII of the Civil Rights Act of1964 ,as amended, or the attorney general for other courtaction as authorized by law.B. Deregistration proceedings shall be conducted inaccordance with the following procedures.1. The Apprenticeship Division shall notify thesponsor in writing that a determination of reasonable causehas been made under provisions of §525.A and that theapprenticeship program may be deregistered unless, within15 days of receipt of the notice, the sponsor requests ahearing. The notification shall specify the facts on which thedetermination is based.2. If within 15 days of receipt of the notice providedfor in §525.B.1, the sponsor mails a request for hearing, theexecutive director, Louisiana Workforce Commission,Apprenticeship Division, shall convene a hearing inaccordance with §525.C.3. The executive director, Louisiana WorkforceCommission, Apprenticeship Division, shall make a finaldecision on the basis of the records, which shall consist ofthe compliance review file and other evidence presented, andif a hearing was conducted pursuant §525.C, the proposedfindings and recommended decision of the hearing officer.The executive director, Louisiana Workforce Commission,Apprenticeship Division, may allow the sponsor reasonabletime to take voluntary corrective action. If the ExecutiveDirector’s decision is that the apprenticeship program is notoperating in accordance with this plan, the apprenticeshipprogram shall be deregistered. In each case in whichderegistration is ordered, the executive director shall makepublic notice of the order and shall notify the sponsor andthe complainant, if any, and the U.S. Department of Labor.The apprenticeship division shall inform any sponsor whoseprogram has been deregistered that it may appeal suchderegistration to the U.S. Department of Labor inaccordance with procedure set forth at 29 CFR 30.15.C. Hearings. Hearing shall be conducted in accordance

with the following procedures.1. Within 10 days of receipt of a request for a hearing,the executive director, Louisiana Workforce Commission,Apprenticeship Division, shall designate a hearing officer.The hearing officer shall give reasonable notice of suchhearing by certified mail, return receipt requested, to thesponsor. Such notice shall include a reasonable time andplace of hearing, a statement of the provisions of this planpursuant to which the hearing is to be held, and a concisestatement of the matters pursuant to which the actionforming the basis of the hearing is proposed to be taken.2. The hearing officer shall regulate the course of thehearing. Hearings shall be informally conducted. Every partyshall have the right to counsel and a fair opportunity topresent his case, including such cross-examination as may beappropriate in the circumstances. Hearing officers shallmake their proposed findings and recommended decisions tothe Executive Director upon the basis of the record beforethem.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor LR 12:438 (July 1986), amended LR 17:356(April 1991), amended by the Louisiana Workforce Commission,Office of Workforce Development, LR 37:2223 (July 2011).§527. Reinstatement of Program RegistrationA. Any apprenticeship program deregistered pursuant tothis plan may be reinstated upon presentation of adequateevidence to the director of apprenticeship and stateapprenticeship council, that the apprenticeship program isoperating in accordance with this plan.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:438 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2224 (July2011).§529. Intimidatory or Retaliatory ActsA. Any intimidation, threat, coercion, or retaliation by orwith the approval of any sponsor against any person for thepurpose of interfering with any right or privilege secured byTitle VII of the Civil Rights Act of 1964, as amended,Executive Order 11246 , as amended, or because he or she asmade a complaint, testified, assisted, or participated in anyLABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 694manner in any investigation proceeding or hearing under thisplan, shall be considered noncompliance with the equalopportunity standards of this plan. The identity ofcomplainants shall be kept confidential except to the extentnecessary to carry out the purposes of this plan, includingconduct of any investigation, hearing or judicial proceedingarising there from.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department of

Labor, Office of Labor, LR 12:438 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2224 (July2011).§531. NondiscriminationA. The commitments contained in the sponsor'saffirmative action program are not intended, and shall not beused, to discriminate against any qualified applicant orapprentice on the basis of race, color, religion, nationalorigin, or sex.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:438 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2224 (July2011).§533. ExemptionsA. Requests for exemption from these regulations, or anypart thereof, shall be made in writing to the director ofapprenticeship and shall contain a statement of reasonssupporting the request. Exemptions may be granted for goodcause. The Apprenticeship Division will immediately notifythe U.S. Department of Labor of any such exemptionsgranted affecting a substantial number of employees andreasons therefore.B. Partial exemptions may be granted from threerequirements namely:1. adoption of an affirmative action plan;2. adoption of selection procedures; and3. discard of existing eligibility lists.C. Sponsors eligible for exemption are those who aresubject to an equal employment opportunity programproviding for selection of apprentices, and for affirmativeaction in apprenticeship which has been approved asmeeting requirement of Title VII of the Civil Rights Act of1964, as amended (42 U.S.C. 2000e et seq.) and itsimplementing regulations published in Title 29 of the Codeof Federal Regulations, Chapter XIV, or Executive Order11246, as amended, and its implementing regulations at Title41 of the Code of Federal Regulations, Chapter 60.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:438 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2224 (July2011).§535. Severability ClauseA. These rules and each of their provisions are herebydeclared to be severable, one from another. If any provisionor item of a rule, or the application thereof, is held invalid,such invalidity shall not effect other provisions, items, orapplications of the rule which can be given effect without theinvalid provision, item or application.AUTHORITY NOTE: Promulgated in accordance with R.S.23:381-391.

HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 12:439 (July 1986), amended LR17:356 (April 1991), amended by the Louisiana WorkforceCommission, Office of Workforce Development, LR 37:2224 (July2011).Chapter 7. Apprenticeship Tax Credit§701. AuthorityA. Under the authority set out in Act 472 of the 2007Regular Session of the Louisiana Legislature, a tax credit ishereby provided as an incentive for businesses to employeligible apprentices with a goal toward providing anadequate number of Louisiana citizens in the workforce withthe on-the-job training necessary to find jobs and keep thosegood paying jobs already present as well as those jobs thatwould be here if more of the workforce was of higherquality. The Secretary of Labor is required to adoptregulations for the purpose of implementing this Act.AUTHORITY NOTE: Promulgated in accordance with R.S.47:6026.HISTORICAL NOTE: Promulgated by the LouisianaDepartment of Labor, Office of Workforce Development,Apprenticeship Division, LR 33:2664 (December 2007).§703. DefinitionsDepartment—the state Department of Labor,Apprenticeship Division.Eligible Apprentice—a person who has entered into awritten apprentice agreement with an employer or anassociation of employers pursuant to a registeredapprenticeship program as provided for in Chapter 4 of Title23 of the Louisiana Revised Statutes of 1950 (R.S. 23:381 etseq.)Employer or Requesting Party—any person ororganization employing an eligible apprentice either as arecognized program sponsor or as an obligated employerparticipant in an apprenticeship training program under adifferent program sponsor registered with the department. Itmay also be any person or organization employing anNCCER apprentice in accordance with this Chapter.NCCER—the National Center for Construction Educationand Research.NCCER Apprentice—a person who is enrolled in atraining program accredited by the National Center forConstruction Education and Research which has no less thanTitle 40, Part IV695 Louisiana Administrative Code April 2014four levels of training and no less than 500 hours ofinstruction.Program Sponsor—any person or organization operating astate apprenticeship program registered by and in goodstanding with the state Department of Labor, ApprenticeshipDivision.Revenue—the Louisiana Department of Revenue.Secretary of Labor—the administrator of the stateDepartment of Labor, or any person specifically designatedby the Secretary of Labor, Department of Labor who withthe advice of the state Director of Apprenticeship, executes

apprenticeship policy and standards.Standards of Apprenticeship—an organized, written planembodying the terms and conditions of employment,training, and supervision of one or more apprentices in anapprenticeable occupation and in accordance with §301 ofthis Part.State Apprenticeship Program—a program registered byand in good standing with the state Department of Labor,Apprenticeship Division and meeting the minimumstandards of the state apprenticeship law.State Director of Apprenticeship—the administrator of thestate Department of Labor, Apprenticeship Division, or anyperson specifically designated by the state Director ofApprenticeship who is authorized to administer theprovisions of Louisiana apprenticeship law and rule.Taxpayer—any corporation, S corporation, partnership, orindividual subject to income and/or franchise taxes imposedunder Title 47 of the Louisiana Revised Statutes.Taxable Period—the taxpayer's annual accounting period,whether it be a calendar year or a fiscal year or the period forwhich the return is made, if a return is made for a period ofless then 12 months.AUTHORITY NOTE: Promulgated in accordance with R.S.47:6026.HISTORICAL NOTE: Promulgated by the LouisianaDepartment of Labor, Office of Workforce Development,Apprenticeship Division, LR 33:2664 (December 2007).§705. PurposeA. The Louisiana State Legislature has determined that amajor impediment to the economy of the state is the lack ofan adequate number of people in the workforce withsufficient on-the-job training to find and keep good payingjobs already present as well as those that would be here ifmore of the workforce was of higher quality. The purpose ofthis tax credit is to provide an incentive for businesses toemploy apprentices with a goal toward providing such aworkforce.AUTHORITY NOTE: Promulgated in accordance with R.S.47:6026.HISTORICAL NOTE: Promulgated by the LouisianaDepartment of Labor, Office of Workforce Development,Apprenticeship Division, LR 33:2665 (December 2007).§707. EligibilityA. Any taxpayer who employs an eligible apprenticeduly indentured and registered under the approved Standardsof Apprenticeship terms of a state apprenticeship program ora person who is enrolled in a training program accredited bythe National Center for Construction Education andResearch which has no less than four levels of training andno less than 500 hours of instruction is entitled to anon-refundable apprentice tax credit against any Louisianaindividual or corporation income tax or corporationfranchise tax each tax year equal to $1 for each hour ofemployment of each eligible apprentice, not to exceed 1,000hours for each eligible apprentice provided suchapprenticeships meet the following requirements.

1. A pre-apprentice shall not be considered to be aneligible apprentice, and a pre-apprentice is therefore noteligible for tax credits under this regulation.2. For state apprenticeship training programs and forpurposes of this tax credit only, the tax credit shall be limitedto programs which are not less than 4,000 hours (2 years) ofon the job training nor more than 10,000 hours (5 years) ofon the job training according to the approved Standards ofApprenticeship.3. Existing procedures and policies for the awardingof advanced status to apprentices for previous training orwork experience will remain in effect. Time awarded inrecognition of satisfactory completion of previous training orwork experience shall not be eligible for a tax credit.4. In accordance with Louisiana apprenticeship law,rule and policy, a finding that a state apprenticeship programis not in compliance with its approved standards ofapprenticeship shall be sufficient cause for revocation of taxcredit eligibility. Such revocation shall be applied regardlessif the program sponsor is an employer, an association ofemployers, or an organization of employees for a period ofone year or until such program has established compliancewith said standards.5. For NCCER apprentices, the state Department ofRevenue shall determine, through rules, the enrollment andtranscript data required from the National Center forConstruction Education and Research for students enrolledin one of its accredited training programs which is sufficientfor the department to determine the employer's eligibilityfor, and the amount of the credit, authorized by Public Act472.6. In order to be eligible for the tax credit, an NCCERapprentice enrolled in a training program accredited by theNational Center for Construction Education and Researchmust have successfully completed no less than two levels oftraining and no less than 250 hours of instruction. Employersrequesting the tax credit shall receive such tax credit onlyafter such eligibility has been met and confirmed. The taxcredit shall only apply to hours completed after the initialrequirement has been met.LABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 696AUTHORITY NOTE: Promulgated in accordance with R.S.47:6026.HISTORICAL NOTE: Promulgated by the LouisianaDepartment of Labor, Office of Workforce Development,Apprenticeship Division, LR 33:2665 (December 2007).§709. Method of ComputationA. Computing Tax Credit. To compute the tax creditallowable to an employer that has an approved stateapprenticeship program, the following procedure is to befollowed.1. First, identify the calendar months during thecurrent tax period claimed in which each eligible apprenticewas employed.2. Second, add the number of hours worked by the

eligible apprentice in each calendar month in which aneligible apprentice was employed.3. Third, add the number of eligible monthly hourswithin the tax period claimed.4. Finally, multiply the result reached in the stepabove by $1 to arrive at the total tax credit for the tax period,not to exceed $1,000 for each eligible apprentice.AUTHORITY NOTE: Promulgated in accordance with R.S.47:6026.HISTORICAL NOTE: Promulgated by the LouisianaDepartment of Labor, Office of Workforce Development,Apprenticeship Division, LR 33:2665 (December 2007).§711. Method of ReportingA. The department shall provide to the state Departmentof Revenue an annual list of businesses which participate instate apprenticeship programs as well as the number ofeligible apprentices that each employer has employed for theyear.1. For purposes of this tax credit, a stateapprenticeship program in good standing shall provide to thedepartment a list of active apprentices for each year. Thestate Director of Apprenticeship shall verify the registrationof apprentices and shall then forward such information to thestate Department of RevenueB. The state Department of Revenue shall make a finaldetermination on all requests for the apprenticeship taxcredit.C. All records pertaining to the apprenticeship tax creditshall be retained by the employer requesting the tax creditfor a period not less than five calendar years.AUTHORITY NOTE: Promulgated in accordance with R.S.47:6026.HISTORICAL NOTE: Promulgated by the LouisianaDepartment of Labor, Office of Workforce Development,Apprenticeship Division, LR 33:2665 (December 2007).§713. LimitationsA. The tax credit shall be allowed against income tax orcorporate franchise tax for the taxable period in which thecredit is earned. If the tax credit exceeds the amount of suchtaxes due, then any unused credit may be carried forward asa credit against subsequent tax liability for a period not toexceed 10 years.1. The credit for taxes paid by or on behalf of acorporation shall be applied against Louisiana corporateincome and corporation franchise taxes of such corporation.2. The credit for taxes paid by an individual shall beapplied against Louisiana personal income taxes.3. The credit for taxes paid by or on behalf of acorporation classified under Subchapter S of the InternalRevenue Code of 1954, as amended, as an S corporationshall be applied first against any Louisiana corporate incomeand corporation franchise taxes due by such S corporation,and the remainder of any such credit shall be allocated to theshareholder or shareholders of such S corporation inaccordance with their respective interests and applied againstthe Louisiana income tax of such shareholder or

shareholders of the S corporation.4. The credit for taxes paid by or on behalf of apartnership shall be allocated to the partners according totheir distributive shares of partnership gross income andapplied against any Louisiana income tax and corporationfranchise tax liability of such partners.5. The character of the credit for taxes paid by or onbehalf of a partnership or S corporation and allocated to thepartners or shareholders, respectively, of such partnership orS corporation, shall be determined as if such credit wereincurred by such partners or shareholders, as the case may bein the same manner as incurred by the partnership or Scorporation, as the case may be.6. The credit for taxes paid by an estate or trust shallbe applied against the Louisiana income tax imposed onestates and trusts.B. The apprenticeship tax credit shall have an effectiveperiod beginning January 1, 2008, and shall not extendbeyond December 31, 2011. All requests for the tax creditfor hours worked by eligible apprentices and NCCERapprentices outside of this period shall be invalid anddenied.C. Nothing in this Chapter or in any apprenticeagreement approved under this Chapter shall operate toinvalidate any apprenticeship provision in any collectiveagreement between employers and employees.AUTHORITY NOTE: Promulgated in accordance with R.S.47:6026.HISTORICAL NOTE: Promulgated by the LouisianaDepartment of Labor, Office of Workforce Development,Apprenticeship Division, LR 33:2666 (December 2007697 Louisiana Administrative Code April 2014

Title 40LABOR AND EMPLOYMENTPart XIII. Job Training Partnership ActChapter 1. General Provisions§101. DefinitionsCapital Improvement―any modification, addition,restoration, or other improvement:1. which increases the usefulness, productivity, orserviceable life of an existing building, structure, or majoritem of equipment;2. which is classified for accounting purposes as a"fixed asset;" and3. the cost of which increases the recorded value ofthe existing building, structure, or major item of equipmentand is subject to depreciation.Construction―the erection, installation, assembly, orpainting of a new structure or a major addition, expansion,or extension of an existing structure, and the related sitepreparation, excavation, filling and landscaping, or otherland improvement.Consulting Service―work, other than professional,personal, or social service, rendered by either individuals or

firms who possess specialized knowledge, experience, orexpertise to investigate assigned problems or projects and toprovide counsel, review, design, development, analysis, oradvice in formulating or implementing programs or services,or improvements in programs or services, including but notlimited to such areas as management, personnel, finance,accounting, planning, data processing, and advertisingcontracts, except for printing associated therewith.Dependent―any person for whom, both currently andduring the previous 12 months, the applicant has assumed 50percent of his support, and is:1. a member of the immediate household (parent,spouse, or child);2. not a member of the household, but a parent, childor spouse of the applicant, who is unemployed because of amental or physical disability; or3. one who may be claimed as a dependent on theapplicant's tax return.Employing Agency―any public or private employer whichemploys participants and which establishes and maintainsthe personnel standards applicable to those participantscovering such areas as wage rates, fringe benefits, job titles,and employment status.Entry Level―the lowest position in any promotional line,as defined locally by collective bargaining agreements, pastpractice, or applicable personnel rules.Family (as defined by Section 4(34) of the Act)―1. two or more persons living in a single residence, asdefined in §626.5 of the regulations, related by blood,marriage, or decree of court and are included in one or moreof the following categories (a stepchild or a stepparent isconsidered to be related by marriage):a. husband, wife and dependent child;b. parent or guardian and dependent child;c. husband and wife;2. for purposes of §101.Family.1, persons not living inthe single residence but who were claimed as a dependent onanother person's Federal Income Tax return for the previousyear, unless otherwise demonstrated, shall be presumed to bepart of the other person's family;3. a handicapped individual may be considered anindividual when applying for programs under the Act;4. an individual 18 years of age or older, except asprovided in §101.Family.2 or 3, who receives less than 50percent of support from the family, and who is not theprincipal earner nor the spouse of the principal earner, is notconsidered a member of the family. Such an individual isconsidered a family of one.Family Income―all income received from all sources byall members of the family for the six-month period prior toapplication computed on an annual basis. Family size shallbe the maximum number of family members during theincome determination period. When computing familyincome, income of a spouse, parent or child shall be countedfor the portion of the income determination period that the

person was actually a part of the family unit of the applicant.1. In accordance with §626.5 of the JTPA Regulations,for the purpose of determining eligibility, family incomeincludes:a. money wages and salaries before any deductions;b. net receipts from nonfarm self-employment(receipts from a person's own unincorporated business,professional enterprise, or partnership, after deductions forbusiness expenses);c. net receipts from farm self-employment (receiptsfrom a farm which one operates as an owner, renter, orsharecropper, after deductions for farm operating expenses);d. regular payments from Social Security, railroadretirement, strike benefits from union funds, workers'compensation, veterans' payments, and training stipends;e. alimony;LABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 698f. military family allotments or other regularsupport from an absent family member or someone notliving in the household;g. pensions whether private, government employee(including military retirement pay);h. regular insurance or annuity payments;i. college or university grants, fellowships, andassistantships;j. dividends, interest, net rental income, netroyalties, periodic receipts from estates or trusts; andk. net gambling or lottery winnings.2. Family income does not include:a. unemployment compensation;b. child support payments;c. welfare payments (including Aid to Families withDependent Children, Supplemental Security Income,Emergency Assistance money payments, and non-federallyfundedGeneral Assistance or General Relief moneypayments);d. capital gains;e. any assets drawn down as withdrawals from abank, the sale of property, a house, or a car;f. tax refunds, gifts, loans, lump-sum inheritances,one-time insurance payments, or compensation for injury; org. non-cash benefits:i. employer-paid fringe benefits;ii. food or housing received in lieu of wages;iii. Medicare or Medicaid;iv. food stamps;v. school meals; andvi. housing assistance.Job Training Plan―the plan of a service delivery area foroperating programs under the Act, consisting of the MasterPlan and Program Plan.Labor Organization―a local labor organization thatrepresents employees in the service delivery area in the sameor substantially equivalent jobs as those for which recipients

and subrecipients provide, or propose to provide,employment and training under the Act.Limited English Language Proficiency―the limited abilityof a participant, whose native language is not English, tocommunicate in English, resulting in a job handicap.Long-Term Unemployment―any individual who isunemployed at the time of application and has beenunemployed for 15 or more of the 26 weeks immediatelyprior to such and has limited opportunities for employmentand reemployment in the same or similar occupation in thearea in which such individual resides, including any olderindividual who may have substantial barriers to employmentby reason of age.Master Plan―the part of the Job Training Plan whichserves as a long-term agreement between the governor and aservice delivery area.Matching Funds for Eight Percent Programs―shallinclude all non-JTPA funds, whether in cash or in kind, usedin direct support of employment or training servicesprovided by state or local educational agencies.Part-Time Employment―employment in which a workeris regularly scheduled to work less than the employer'sfull-time schedule for the worker's position.Personal Service―work rendered by individuals whichrequire use of creative or artistic skills, such as but notlimited to graphic artists, sculptors, musicians,photographers, and writers, or which require use of highlytechnical or unique individual skills or talents, such as, butnot limited to, paramedicals, therapists, handwritinganalysts, and expert witnesses for adjudications or othercourt proceedings.Placement―the act of securing unsubsidized employmentfor or by a participant.Professional Service―work rendered by an independentcontractor who has a professed knowledge of somedepartment of learning or science used by its practicalapplication to the affairs of others or in the practice of an artfounded on it, which independent contractor shall includebut not be limited to lawyers, doctors, dentists, veterinarians,architects, engineers, landscape architects, and accountants.A profession is a vocation founded upon prolonged andspecialized intellectual training which enables a particularservice to be rendered. The word professional impliesprofessed attainments in special knowledge as distinguishedfrom mere skill.Program Plan―the part of the Job Training Plan whichconsists of the description of program activities and servicesto be provided by the service delivery area during theprogram year.Property―all tangible nonconsumable moveable propertypurchased with funds under the Act. The term moveabledistinguishes this type of property from property attached asa permanent part of a building or structure. Please note thatstate law requires each item of moveable property having anacquisition cost or appraised value of $250 or more to be

placed on inventory.Public Service Employment―the type of work normallyprovided by governments and includes, but is not limited towork (including part-time work) in such fields asenvironmental quality, child care, health care, education,crime prevention and control, prisoner rehabilitation,transportation, recreation, maintenance of parks, streets, andother public facilities, solid waste removal, pollution control,housing and neighborhood improvement, rural development,conservation, beautification, veterans outreach, developmentof alternative energy technologies, and other fields of humanTitle 40, Part XIII699 Louisiana Administrative Code April 2014betterment and community improvement. This activity isdistinguished from work experience in that in general PSE isfull-time and long term or open-ended and the participant isemployed by the agency involved and not the SDA.Real Property―land, including land improvements,structures and appurtenances thereto, excluding movablemachinery and equipment.Unsubsidized Employment―employment not financedfrom funds provided under the Act. In accordance withSection 106(k) of the Act for performance standardpurposes, employment means employment for 20 or morehours per week.Welfare Recipient―an individual who receives or whosefamily receives cash payments under AFDC (Title IV of theSocial Security Act), General Assistance, or the RefugeeAssistance Act of 1980 (P.L. 96-212). (This term excludesrecipients of supplemental security income under Title XVIof the Social Security Act.)AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 9:331 (May 1983), amended LR 9:473(July 1983), LR 10:546 (July 1984), LR 12:439 (July 1986), LR13:359 (June 1987), amended by the Department of Employmentand Training, Office of Labor, LR 17:357 (April 1991), amendedby the Department of Labor, Office of Labor, LR 19:1581(December 1993).§105. Accounting ProceduresA. Accounting for JTPA funds must be on an accrualbasis in accordance with generally acceptable accountingprinciples. In accordance with §627.430(g)(2) of theregulations, a recipient/subrecipient shall not be required tomaintain a separate bank account but shall separatelyaccount for federal funds on deposit.AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 9:333 (May 1983), amended by theDepartment of Employment and Training, Office of Labor, LR17:357 (April 1991), amended by the Department of Labor, Officeof Labor, LR 19:1583 (December 1993).§107. Reporting of ExpendituresA. The service delivery area grant recipient shall prepareexpenditure reports in accordance with procedures

established by the recipient. These reports shall be on anaccrual basis and conform to federal and state requirementsin regard to the Act.AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 9:333 (May 1983), amended by theDepartment of Employment and Training, Office of Labor, LR17:357 (April 1991), amended by the Department of Labor, Officeof Labor, LR 19:1583 (December 1993).§109. Requests for CashA. The financing of the JTPA Program will be on anadvance or reimbursement basis in accordance withprocedures established by the recipient. Service deliveryarea grant recipients shall establish procedures that willminimize the time elapsing between the receipt of advancedfunds and their disbursements in accordance with 31 CFRPart 205. At no time shall the service delivery area grantrecipient have funds which exceed three days expenditureneeds.AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 9:333 (May 1983), amended by theDepartment of Employment and Training, Office of Labor, LR17:357 (April 1991), amended by the Department of Labor, Officeof Labor, LR 19:1584 (December 1993).§111. Purchasing ProceduresA. All purchases and leases of furniture, equipment,supplies, property, office and building space, capitalimprovements, and services shall be processed in accordancewith procedures established by the recipient. All purchasesof furniture, equipment, supplies, property, office andbuilding space, and capital improvements, with a unit cost of$5,000 or more must have the prior approval of the recipient.AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 9:333 (May 1983), amended by theDepartment of Employment and Training, Office of Labor, LR17:357 (April 1991), amended by the Department of Labor, Officeof Labor, LR 19:1584 (December 1993).§112. AdvertisingA. Advertising media includes newspapers, magazines,radio and television programs, direct mail, trade papers, andthe like. The advertising costs allowable are those which aresolely for:1. recruitment of personnel required for the grantprogram;2. solicitation of bids for the procurement of goodsand services required;3. disposal of scrap or surplus materials acquired inthe performance of the grant agreement;4. recruitment of participants, employers, otherservice providers, and general advertising for the SDA; and5. other purposes specifically provided for in the grantagreement.

AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 19:1584 (December 1993).§113. Travel and Transportation RegulationsA. All reimbursement for travel will be made inaccordance with the travel regulations of the recipient,LABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 700service delivery area grant recipient, administrative entity orsubrecipient. Where subrecipient travel regulations areutilized, they shall, at a minimum, conform with applicablestandards of the recipient, service delivery area grantrecipient, or administrative entity.B. Travel costs are allowable for expenses fortransportation, lodging, subsistence, and related itemsincurred by employees who are in travel status on officialbusiness incident to the recipient or subrecipient program.Such costs may be charged on an actual basis on a per diemor mileage basis in lieu of actual costs incurred, or on acombination of the two provided the method used is appliedto an entire trip and results in charges consistent with thosenormally allowed in like circumstances in nonfederallysponsored activities. The difference in cost between firstclassair accommodations and less-than-first-class airaccommodations are unallowable except when less-thanfirst-class air accommodations are not reasonably available.Each recipient or subrecipient must have clearly definedtravel regulations including documentation requirements.These requirements must include travel reports whichinclude the date of travel, travel destination, purpose,beginning and ending odometer reading, amount to bereimbursed, and supervisor signatures.C. Costs incurred for freight, cartage, express, postageand other transportation costs relating either to goodspurchased, delivered, or moved from one location to anotherare allowable.AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 9:333 (May 1983), amended by theDepartment of Employment and Training, Office of Labor, LR17:357 (April 1991), amended by the Department of Labor, Officeof Labor, LR 19:1584 (December 1993).§114. Printing and Reproduction CostsA. Costs for printing and reproduction services necessaryfor grant administration, including but not limited to forms,reports, manuals, and informational literature are allowable.Reasonable publication costs of reports or other mediarelating to grant program accomplishments or results areallowable.AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 19:1584 (December 1993).§115. Personnel, Salary Regulations and FringeBenefits

A. All employment practices, salary schedules andrelated personnel procedures will be in accordance with theregulations of the service delivery area grant recipient,administrative entity or subrecipient.B. Compensation for personal services includes allremuneration, paid currently or accrued, for servicesrendered during the period of performance under the grantagreement, including but not necessarily limited to wages,salaries, and supplementary compensation and benefits. Thecosts of such compensation are allowable to the extent thattotal compensation for individual employees:1. is reasonable for the services rendered;2. follows an appointment made in accordance withrecipient or subrecipient rules; and3. is determined to be supported as provided below.Compensation surveys providing data representative of thelabor market involved will be an acceptable basis forevaluating reasonableness.C. Amounts charged to grant programs for personnelservices will be based on payrolls documented and providedin accordance with generally accepted practice of therecipient or subrecipient. Payrolls must be supported by timeand attendance or equivalent records for individuals. Salariesand wages of employees chargeable to more than one grantprogram or other cost objective will be supported byappropriate time distribution records. The method usedshould produce an equitable distribution of time and effort.D. Employee benefits in the form of regularcompensation paid to employees during periods ofauthorized absences from the job, such as for annual leave,sick leave, court leave, military leave and the like areallowable, if they are:1. provided pursuant to an approved leave system; and2. the cost thereof is equitably allocated to all relatedactivities, including grant programs.E. Employee benefits in the form of employers'contribution or expenses for Social Security, employee's lifeand health insurance coverage, workers' compensationinsurance, pension plans, severance pay, and the like, areallowable, provided such benefits are granted underapproved plans and are distributed equitably to grantprograms and to other activities.AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 9:334 (May 1983), amended by theDepartment of Employment and Training, Office of Labor, LR17:357 (April 1991), amended by the Department of Labor, Officeof Labor, LR 19:1584 (December 1993).§116. Advisory CouncilsA. Costs incurred by state advisory councils orcommittees, including the GETCC and PICs, establishedpursuant to the JTPA Regulations to carry out grantprograms are allowable.AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.

HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 19:1585 (December 1993).§117. Auditing RequirementsA. SDA grant recipients, administrative entities andsubrecipients who are government or nonprofit entities mustcomply with the audit requirements of the "Single Audit Actof 1984"/OMB Circular-128 or OMB-Circular 133 asTitle 40, Part XIII701 Louisiana Administrative Code April 2014appropriate. Commercial organizations who aresubrecipients shall be audited in accordance with§627.480(a)(3) of the federal regulations. Audit costs forauditing SDA grant recipients and administrative entitieswill be paid from state administrative funds upon request.Audit costs for subrecipients of SDA grant recipients andadministrative entities must be paid by the service deliveryarea grant recipient or administrative entity. Othersubrecipients contracted directly by the LouisianaDepartment of Labor will be audited in accordance with the"Single Audit Act of 1984" which incorporates the use ofprivate audit firms or the legislative auditors.AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 9:334 (May 1983), amended LR 10:546(July 1984), amended by the Department of Employment andTraining, Office of Labor, LR 17:357 (April 1991), amended by theDepartment of Labor, Office of Labor, LR 19:1585 (December1993).§119. Nonallowable CostsA. In accordance with §627.435(e), (f), and (i) of thefederal regulations some costs associated with JTPA are notconsidered as necessary and reasonable for proper andefficient administration of the program. These include:1. costs of fines and penalties resulting fromviolations of or failure to comply with federal, state, or locallaws and regulations;2. back pay, unless it represents additional pay forJTPA services performed for which the individual wasunderpaid;3. entertainment costs;4. bad debts expenses;5. insurance policies offering protection against debtsestablished by the federal government;6. contributions to a contingency reserve or anysimilar provision for unforeseen events;7. costs prohibited by 29 CFR Part 93 (LobbyingRestrictions);8. costs of activities prohibited in §627.205, PublicService Employment Prohibition; §627.210,Nondiscrimination and Nonsectarian Activities; §627.215,Relocation; §627.225, Employment Generating Activities;and §627.230, Displacement of the Federal Regulations;9. legal services furnished by the chief legal officer ofa state or local government or staff solely for the purpose ofdischarging general responsibilities as a legal officer are

unallowable;10. legal expenses for the prosecution of claims againstthe federal government, including appeals to anadministrative law judge, are unallowable;11. construction costs are not allowable costs exceptthose specified in §627.435(h)(1) and (2) of the federalregulations;12. fund-raising activities;13. interest expense including interest on borrowing,bond discounts, cost of financing and refinancing operations,and legal and professional fees paid in connection therewith;and14. contributions and donations as specified in OMBCircular A-87.AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 9:334 (May 1983), amended by theDepartment of Employment and Training, Office of Labor, LR17:357 (April 1991), amended by the Department of Labor, Officeof Labor, LR 19:1585 (December 1993).§120. Fees or ProfitsA. Any fees or profits earned by the SDA grant recipientor subrecipients must be consistent with §627.420(e)(3) ofthe federal regulations.AUTHORITY NOTE: Promulgated in accordance with R.S.23:2022.HISTORICAL NOTE: Promulgated by the Department ofLabor, Office of Labor, LR 19:1585 (December 1993).§121. Carry-Over BalancesA. Funds obligated for any program year may beexpended by each recipient or service delivery area grantrecipient during that program year and the two succeedingprogram years with the following exceptions.1. Title II-A and Title II-C―Reallotment andReallocation Policya. For program years beginning on or after July 1,1993, the governor shall, in accordance with §109 of the Actand §627.410 of the federal regulations, reallocate to eligibleservice delivery areas within the state funds appropriated forsuch program year that are available for reallocation.b. The amount available for reallocation is equal tothe amount by which the unobligated balance of the SDA'sallocation under Part A and Part C of Title II at the end of theprogram year prior to the program year for which thedetermination is made exceeds 15 percent of such allocationfor the prior program year.c. In addition, Louisiana will use the reallotmentprocess for SDAs at the end of each program year whetheror not the state is subject to a reduction in funding due toreallotment. This will allow the state to deal with significantunderexpenditure of funds by individual SDAs even whenthe state maintains a high overall level of expenditures.d. In the event that Louisiana is not subject to areduction in funding, but one or more SDAs are subject to areduction based on Louisiana's policy, funds deobligated

from such SDAs will be allocated to the remaining SDAswho are not subject to a reduction that have the highest ratesLABOR AND EMPLOYMENTLouisiana Administrative Code April 2014 702of unemployment for an extended period of time and tothose with the highest poverty rates.2. Title II-B―Reallocation Policya. Section 161(b) of the Act provides that noamount of funds "shall be deobligated on account of a rate ofexpenditure which is consistent with the job training plan."In order to remain consistent with this policy, if an SDA'srate of expenditure is inconsistent with the job training plan,its new obligational authority (NOA) may be reduced insubsequent years in order to, in effect, reallocate funds fromthat program year.b. Beginning in Program Year 1995 and applying toProgram Year 1994, an amount equivalent to 15 percent ofthe previous year's total funds available will be classified as"allowable carry-out."c. All other carry-out will be designed as "excesscarry-out" and the obligational authority (NOA) to the SDAwill be reduced by the amount of the excess carry-out.Determination of total carry-out and the excess carry-outwill be made after submittal of the final program yearexpenditure report and reallocation of funds will be made tothose SDAs which request the funds and have expendedmore than 85 percent of their total funds available. Thereallocation will be based on the degree that SDAs exceedthe 85 percent expenditure level.3. Title III―Reallotment and Reallocation Policya. Excess Unexpended Fundsi. The U.S. Department of Labor has establishedTitle III reallotment procedures that have the effect oflimiting the amount of unexpended funds that can be carriedover by the state at the end of each program year.Reallotment also rewards states with high expenditure ratesby providing additional funds. These procedures aredescribed in Section 303 of the Job Training Partnership Act,Section 6305(e) of the Economic Dislocation and WorkerAdjustment Assistance Act, §631.12 of JTPA FederalRegulation, and Training and Employment Guidance Letter(TEGL) No. 4-88 issued by the U.S. Department of Labor.ii. Reallotment will occur around September 1and will result in an increase or decrease in the state'sformula-allotted funds for the current year based on areallotment process applied to the prior year's Title III fundsand expenditures. When reallotment results in an increase infunding, such reallocation is subject to allocation proceduresspecified in §631.32 of the federal regulations. Whenreallotment results in a decrease in funding, the proceduresthat follow will be used to recover funds from substategrantees and, where appropriate, state subcontractors inorder to make funds available to the U.S. Department ofLabor for reallotment. Any remaining funds would comefrom the governor's 40 percent funds.

iii. Louisiana will apply the same reallotmentprocedures to sub-state grantees and state subcontractors thatthe U.S. Department of Labor applies to the state. Ourreallotment policy states that the amount available forreallotment from substate grantees and state subcontractorsis equal to the sum of unexpended funds in excess of 20percent of the prior year's allocation or subgrant amount andall unexpended previous program year funds. For PY 88allocations and subgrants, 30 percent shall be substituted for20 percent in the previous sentence. Unexpended reallocatedfunds at the end of the year will also be subject to the 20percent limitation on allowable carry forward. Substategrantees and state subcontractors that lose funds through thereallotment process will use their allocation or subgrantamount before reallotment in order to calculate allowablecarry forward.iv. In addition, Louisiana will use the reallotmentprocess for substate grantees and, where appropriate, statesubcontractors at the end of each program year whether ornot the state is subject to a reduction in funding due toreallotment. This will allow the state to deal with significantunderexpenditure of funds by individual substate granteesand state subcontractors even when the state maintains ahigh overall level of expenditures.v. In the event that Louisiana is not subject to areduction in funding, but one or more substate grantee(s) orstate subcontractor(s) are subject to a reduction based onLouisiana's policy, funds deobligated from such substategrantees will be allocated by formula to the remainingsubstate grantees who were not subject to a reduction. Thisallocation will be in addition to any funds reallocated by theU.S. Department of Labor and subsequently allocated tosubstate areas. Any funds deobligated from statesubcontractors as a result of these procedures are subject toregular Title III state obligation procedures.b. Projected Excess Unexpended Fundsi. Louisiana is subject to a U.S. Department ofLabor JTPA Title III reallotment process based onexpenditures at the end of each program year. In order toavoid a reduction in funding from such a reallotment, adeobligation procedure has been established.ii. Title III substate grantees and statesubcontractors are subject to deobligation of projectedexcess unexpended funds based on expenditures during thefirst five months of their subgrant or subcontract period.Projected excess unexpended funds are defined as anyamount of projected unexpended funds in excess of 20percent of a substate grantee's available funds (excludingcarry-in funds and any additional funds reallocated duringthat program year as a result of the U.S. Department ofLabor's reallocation process) or 20 percent of a subcontractamount. Projected unexpended funds are total availablefunds (excluding reallocated funds) less expendituresreported for the first five months and less an amount equal tothe higher of the last two months reported expenditure

amounts times the number of