PERMANENT RULES
LABOR AND INDUSTRIES
(Apprenticeship and Training Council)
Date of Adoption: April 28, 2004.
Purpose: Chapter 296-05 WAC, Apprenticeship rules. This rule making clarifies the apprenticeship program standards objection process. These changes are consistent with the current policy adopted by the Washington State Apprenticeship and Training Council (WSATC), but establish specific timeframes relating to objections of apprenticeship program standards. In addition, these rules clarify that it is the WSATC chair or "designee" that is allowed to preside over adjudicative proceedings, held before the WSATC.
Citation of Existing Rules Affected by this Order: Amending WAC 296-05-007.
Statutory Authority for Adoption: RCW 49.04.010.
Adopted under notice filed as WSR 04-04-014 on January 23, 2004.
Changes Other than Editing from Proposed to Adopted Version:
NEW SECTION
WAC 296-05-008 Process for objections to apprenticeship
program standards.
(1) Objections to apprenticeship program standards shall
be submitted to the department with a copy to the program
sponsor for WSATC consideration fifteen twenty days prior to
of the regular quarterly scheduled or special WSATC meeting on
a form provided by the department and approved by the WSATC.
(2) The department shall notify the program sponsor no more than two business days after the department receives the objection.
(3) In accordance with WAC 296-05-007, the WSATC may
either adjudicate matter(s) itself themselves or refer
matter(s) to the office of administrative hearings for initial
adjudication.
(a) If the WSATC decides to adjudicate all or part of the
objections to the apprenticeship program standards, the
individual(s) submitting the objections shall present the
objections at the regular quarterly scheduled WSATC meeting or
at the special WSATC meeting convened for purposes of hearing
the objections. The department shall notify the competitor
making the objections individuals(s) and the program sponsor
that the objection is on the agenda for consideration and give
their recommendation ten five days prior to the WSATC meeting
for which the objections will be considered.
(b) If the WSATC decides to refer all or part of the
objections to the office of administrative hearings, the WSATC
may shall identify the specific matters that the WSATC is
requesting the office of administrative hearings to provide
findings and conclusions for the initial order.
(4) The department may attempt to facilitate a resolution to any objections during the process identified in this section.
Note: Per WAC 296-05-207, the approval or disapproval of committee programs, plant programs or amendments to those programs can only occur at regular quarterly meetings.
This rule adoption clarifies the apprenticeship program standards objection process. These changes are consistent with the current policy adopted by the Washington State Apprenticeship and Training Council (WSATC), but establish specific timeframes relating to objections of apprenticeship program standards. In addition, these rules clarify that it is the WSATC chair or "designee" that is allowed to preside over adjudicative proceedings, held before the WSATC.
| • | Clarified that the objections shall be submitted to the department with a copy to the program sponsor. |
| • | Removed the language relating to "special" WSATC meetings. |
| • | Extended the timeframe for filing objections from fifteen to twenty days prior to the WSATC meeting. |
| • | Added language to clarify that the department shall notify the program sponsor that they have received an objection no more than two business [days] after receiving the objection. |
| • | Clarified the language to make clear that the special WSATC meetings are convened only to hear objections. |
| • | Clarified that the department will notify the program sponsor and the objector that the objection is on the agenda for the WSATC meeting and the department will give their recommendation ten days prior to the WSATC meeting. |
| • | Changed the timeframe from five to ten days that the department will notify the program sponsor and the objector. |
| • | Changed "may" to "shall." This makes clear that the WSATC will identify the specific matters for the Office of Administrative Hearings. |
| • | The note was changed to subsection (4) to make clear that this is a requirement. |
| • | Adds the citation to the WAC that the WSATC can approve or disapprove of programs only at regular meetings. |
Comment received:
| • | WAC 296-05-007, subsection (1), should be clarified. It is not clear as to the intent of this language. |
| • | The council believes this language is clear. The purpose of this rule making was to clarify that it is the WSATC chair or designee who is allowed to preside over adjudicative proceedings that are held before the WSATC. |
Comments received:
| • | WAC 296-05-008 states that the objections can be submitted within fifteen days of the council meeting giving the sponsors a limited amount of time to address concerns. Timing needs to be lengthened so that all parties can adequately and reasonably respond. (The organization providing comment) would like to propose that the language within fifteen days in subsection (1) be changed to no later than twenty-five days. This change would allow the sponsor more time to work with L&I and the objectors toward the resolution of any concerns. |
| • | There again, on the new section WAC 296-05-008, I would have to voice a concern over the fifteen days of a regularly scheduled special meeting for and provided by the department, as it's my understanding that the agenda needs to be out twenty days prior to the meeting, that only leaves the sponsors five days to object. |
| • | In subsection (1) the fifteen-day requirement given to objectors means that the program sponsors have very little time to be notified of the objections and prepare an adequate response. The timing for objectors and sponsors should be redrafted to give the sponsors more time. The fifteen-day reference should be changed to "no later than twenty-five days." If the department has five days to notify the parties, then the sponsor has twenty days to respond, instead of five. |
| • | With respect to WAC 296-05-008(1) - the timelines are inadequate, in that objections could be filed as near as fifteen days prior to a council meeting, a full thirty days after the sponsor is required to make application. It is also inappropriate to allow objections prior to a special WSATC meeting, which may presumably have been scheduled to hear such objections. This requirement also appears to conflict with the current practice, as required on the "Notice of Contest or Objection to Proposed Standards of Apprenticeship" form used to file such an objection; which requires submittal twenty days prior to the council meeting. The rule is absent any direction for the department to play a role in notifying the sponsor of the existence of any objections, let alone attempt to understand and evaluate their potential merit. |
| • | Clarified that the objections shall be submitted to the department with a copy to the program sponsor. |
| • | Removed the language relating to "special" WSATC meetings. |
| • | Extended the timeframe for filing objections from fifteen to twenty days prior to the WSATC meeting. |
Comments received:
| • | The next section I would like to comment on is subsection (a) under WAC 296-05-008. Delete or special: All objections should be presented to the council prior to the council's determination as to whether the objection will be adjudicated by the council or sent to the Office of Administrative Hearings. The result of a special meeting should only be availed to those parties concerned if they are unable to present their objections on the floor of the regularly scheduled council meeting. In the interest of creating an efficient process, the council should through L&I expect that if objectors have legitimate concerns and the parties concerned have not been able to work them out with the assistance of the department, the objection - objector should be prepared to present those concerns at the regularly scheduled council meeting. In the same section, for the purposes of clarity, CITC would recommend that "individuals" be replaced with "all concerned parties." |
| • | In subsection (2)(a) it says, "the department shall notify the individual(s) within five days of the WSATC meeting" but it is unclear if "the individuals" are the objectors, notifying them that their objections are on the agenda, or the allplicants [applicants], who then are only given five days to develop a response and mount a defense. |
| • | With respect to WAC 296-05-008 (2)(a) - Notice is required by five days prior to the council meeting. Such notice is required only to those "individuals" who are referenced earlier in that subsection, defined as "individuals submitting the objections." These "individuals" are also the only parties defined as participating in the proceedings. There is no reference to the council seeking a response to the objections from the program sponsor during the council meeting. There is also no reference to the department's responsibilities in evaluating or mitigating any matters which may benefit from such activities. Five days is simply not an adequate allowance for a program sponsor to prepare a response. The council would justifiably have concerns that these requirements would produce nothing more than more delays, to provide adequate time for intelligent discussion of the objections. (There is a subscript "note" at the end of the draft rule allowing that the department "may attempt to facilitate a resolution" to the matter. We believe that this important activity should be specifically tasked, as a proactive effort, to the department in the body of the rule.) |
| • | Added language to clarify that the department shall notify the program sponsor that they have received an objection no more than two business [days] after receiving the objection. |
| • | Clarified the language to make clear that the special WSATC meetings that are convened are to specifically hear objections. |
| • | Clarified that the department will notify the program sponsor and the objector that the objection is on the agenda for the WSATC meeting and the department will give their recommendation prior to ten days of the WSATC meeting. |
| • | Changed the timeframe from five to ten days that the department will notify the program sponsor and the objector. |
Comments received:
| • | Under subsection (2)(b) it says the WSATC "may" |
| • | With respect to WAC 296-05-008 (2)(b) - If the council decides to refer any matter to the Office of Administrative Hearings, the council should require of itself that it identify the specific matters it desires the administrative law judge to consider. We understand the resistence that the OAH may have to being told what to consider, and we agree that this may be an overstepping of the council's bounds. However, it does not seem unreasonable for the WSATC to direct itself, in its WAC rules, to be specific in what it requests the OAH to consider. This is only a fair approach for both the council as well as the interested parties. |
| • | I also have a concern with the little note that's in different font on the bottom of page 2 under WAC 296-05-008, subsection (2)(b). "Note: The department may attempt to facilitate a resolution to any objections during the process identified in this section." As most people in this room know, we went through this process at the last council meeting and there is a definite misunderstanding, I guess you could have, to where one sponsor may not object to a set of standards but during the resolution process may come out to have an objection to those sponsors and not be able to participate in those meetings, I guess would you call them. I do believe that little note could cause us more heartburn than we really care to matter. Then again, I have another concern with receiving of a sponsor, puts in an objection, the council has five days prior to the meeting to tell that sponsor whether that objection is going to be considered or not. That leaves very limited time for an appeal process. |
| • | Changed "may" to "shall." This makes clear that the WSATC will identify the specific matters for the Office of Administrative Hearings. |
| • | The note was changed to subsection (4) to make clear that this is a requirement. |
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 2,
Repealed 0.
Effective Date of Rule:
June 1, 2004.
April 28, 2004
Lawrence "Pete" Crow, Chair
Apprenticeship and Training Council
OTS-6713.3
AMENDATORY SECTION(Amending WSR 02-10-083, filed 4/29/02,
effective 6/1/02)
WAC 296-05-007
Rules of procedure.
All hearings and
adjudication, under chapter 49.04 RCW and these rules, shall
be conducted according to chapter 34.05 RCW, the
Administrative Procedure Act and chapter 10-08 WAC, Model
Rules of Procedure. The chair (or ((vice-chair in the chair's
absence)) designee) is the presiding officer for adjudicative
proceedings, held before the WSATC. The WSATC may either
adjudicate matter(s) ((themselves)) itself, or refer matter(s)
to the office of administrative hearings for initial
adjudication.
If the initial adjudication is before the WSATC, the WSATC will enter a final order. If the initial adjudication has been held at the office of administrative hearings, the administrative hearings judge shall issue an initial order. The WSATC, upon review of the initial order shall enter the final order. An initial order shall become final without further WSATC action five working days after the next regular quarterly meeting unless:
(1) The WSATC upon its own motion determines that the initial order should be reviewed; or
(2) A party to the proceedings files a petition for review of the initial order.
The WSATC may appoint a person to review the initial order and prepare and enter the final WSATC order.
[Statutory Authority: RCW 49.04.010 and 2001 c 204 (SHB 1234). 02-10-083, § 296-05-007, filed 4/29/02, effective 6/1/02. Statutory Authority: RCW 49.04.010, 2001 c 204, and chapter 49.04 RCW. 01-22-055, § 296-05-007, filed 10/31/01, effective 1/17/02.]
(2) The department shall notify the program sponsor no more than two business days after the department receives the objection.
(3) In accordance with WAC 296-05-007, the WSATC may either adjudicate matter(s) itself or refer matter(s) to the office of administrative hearings for initial adjudication.
(a) If the WSATC decides to adjudicate all or part of the objections to the apprenticeship program standards, the individual(s) submitting the objections shall present the objections at the regular quarterly WSATC meeting or at the special WSATC meeting convened for purposes of hearing the objections. The department shall notify the competitor making the objections and the program sponsor that the objection is on the agenda for consideration and give their recommendation ten days prior to the WSATC meeting.
(b) If the WSATC decides to refer all or part of the objections to the office of administrative hearings, the WSATC shall identify the specific matters that the WSATC is requesting the office of administrative hearings to provide findings and conclusions for the initial order.
(4) The department may attempt to facilitate a resolution to any objections during the process identified in this section.
| Note: | Per WAC 296-05-207, the approval or disapproval of committee programs, plant programs or amendments to those programs can only occur at regular quarterly meetings. |
[]