LABOR AND INDUSTRIES

[Filed January 20, 2026, 10:43 a.m.]

Preproposal statement of inquiry was filed as WSR 25-14-098.

Title of Rule and Other Identifying Information: Chapter 296-05 WAC, Apprenticeship rules; specialty electricians.

Hearing Location(s): On February 24, 2026, at 1:00 p.m., virtual/telephonic hearing via Zoom at https://lni-wa-gov.zoom.us/j/87136319401?pwd=7eq157q3P35r1CQH2aZ7CKawiKNBMf.1, Meeting ID 871 3631 9401, Passcode Hearing10!; or join by phone (audio only) 253-215-8782, Meeting ID 87136319401#, Passcode *0228330301#. The hearing will begin at 1:00 p.m. and continue until all oral comments are received.

Date of Intended Adoption: March 31, 2026.

Submit Written Comments to: Kristin Murphy, Department of Labor and Industries (L&I), Division of Labor Standards, P.O. Box 44530, Olympia, WA 98504-4530, email ApprenticeshipRules@Lni.wa.gov, beginning January 21, 2026, 8:00 a.m., by February 25, 2026, 5:00 p.m.

Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 564-999-0975, TTY 1-800-833-6288, email ApprenticeshipRules@Lni.wa.gov, by February 17, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: L&I is conducting rule making to implement ESHB 1533, chapter 240, Laws of 2025, codified as RCW 49.04.305. The new law allows single-employer general journey level (01) electrical apprenticeship programs to use apprentices to perform work under their valid specialty electrician certificate without changing the apprentice's status in the (01) electrical program, with some restrictions.

To use the exemption, the employer must meet certain requirements, including providing notices to the apprentices about the impact of the exemption, submitting quarterly reports attesting to apprentice's hours worked, and providing the apprentice with at least 800 hours of on-the-job training hours that the apprentice needs to continue progressing in their (01) electrical apprenticeship.

L&I is proposing a rule section to address the specific scenario provided for in ESHB 1533. The proposed new WAC 296-05-025 provides parameters for the requirements to utilize the exemption. In addition, L&I is proposing to amend WAC 296-05-003(38) "supervision" definition.

Reasons Supporting Proposal: Rules are needed to clarify and enforce the requirements and processes to comply with the exemption provided in RCW 49.04.305.

Statutory Authority for Adoption: RCW 49.04.010 and 49.04.305.

Statute Being Implemented: RCW 49.04.305.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: L&I developed the rule language in consultation with the Washington state apprenticeship and training council (WSATC). The United States Department of Labor (USDOL), Employment and Training Administration, Office of Apprenticeship also regulates apprenticeships. L&I will continue to communicate the status of rule making and provide proposed rules for USDOL review and concurrence.

Name of Proponent: L&I, governmental.

Name of Agency Personnel Responsible for Drafting: Kristin Murphy, Tumwater, Washington, 564-999-0975; Implementation and Enforcement: Rachel McAloon, Tumwater, Washington, 360-584-3706.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kristin Murphy, L&I, Division of Labor Standards, P.O. Box 44530, Olympia, WA 98504-4530, phone 564-999-0975, TTY 1-800-833-6288, email ApprenticeshipRules@Lni.wa.gov.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Scope of exemption for rule proposal:

Is partially exempt:

Explanation of partial exemptions:

	Proposed WAC Sections and Title	This proposed rule section is not exempt. Analysis is required.	This proposed rule section is exempt. Provide RCW to support this exemption.
1.	296-05-003 Definitions, (38) Supervision.	□	RCW 34.05.328 (5)(c)(ii), (interpretive) the proposed language clarifies the long-standing practice that employers cannot use apprentices to supervise other apprentices. ESHB 1533 created a scenario in which an (01) apprentice may be put in a position to supervise a fellow (01) apprentice in specialty electrician work processes.
2.	296-05-025(1) Purpose and scope.	□	RCW 34.05.328 (5)(c)(ii), (interpretive) adopts the new statute that allows certain single employer electrical apprenticeship programs to employ apprentices in their specialty without changing their status as an apprentice.
3.	296-05-025(2) Definitions.	□	RCW 34.05.328 (5)(c)(ii), (interpretive) defines key terms used throughout the new section in rule.
4.	296-05-025(3) Specialty electrician exemption requirements.	□	RCW 34.05.328 (5)(c)(ii), (interpretive) outlines the conditions necessary for an employer to optionally utilize the statutory exemption.
5.	296-05-025(4) Annual notice to apprentice.	X
6.	296-05-025(5) Quarterly specialty electrician exemption report attesting to apprentice hours worked.	X
7.	296-05-025(6) Recordkeeping.	X
8.	296-05-025(7) Apprentice complaints.	□	RCW 34.05.310 (4)(c) and 34.05.328 (5)(c)(ii), (interpretive) clarifies that apprentices can file complaints through the existing process under WAC 296-05-105 Individual apprentice complaints-procedures.
9.	296-05-025(8) Suspension of exemption.	X
10.	296-05-025(9) Duration of exemption suspension.	X

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. An analysis of the proposed significant legislative rules resulted in no new cost being imposed on impacted businesses. No additional information is necessary, and it is thus determined that an SBEIS is not required.

296-05-025(4) Annual notice to apprentice.	The rule section identifies the specific information employers must include in the annual notice to the apprentice. Failing to provide the notice and the required notice information could result in a compliance finding for the program. As this provision is a statutory requirement, the proposed rule section is not subject to further cost analysis and is therefore excluded from our analysis. The requirement to submit the initial notice to L&I within 30 days is a provision that goes beyond what's required by statute and is thus considered for cost impact. L&I believes the probable cost of this requirement to be de minis since impacted entities could simply email a copy of the notice to L&I using readily available office equipment. The proposed rule section is therefore not expected to impose any new or additional costs on impacted businesses.
296-05-025(5) Quarterly specialty electrician exemption report attesting to apprentice hours worked.	The rule section identifies the specific information employers must include in reports. Failing to submit reports or submitting incomplete reports could result in a compliance finding for the program. As provided under the statute, willful or repeated violations could result in suspension of the allowance to use the exemption. Similar to the previous section, the quarterly attestation reports are mandated by statute for those businesses volunteering to utilize the exemption and is thus not subject to cost analysis. Therefore, no new or additional cost is expected from this proposed section.
296-05-025(6) Recordkeeping.	Employers are required to retain copies of initial notices, annual notices, and quarterly attestation reports for five years and provide access to records upon request. These requirements align with existing WSATC standards and do not create additional compliance costs, as employers already maintain records for apprenticeship program operations, consistent with existing rule.
296-05-025(8) Suspension of exemption.	This section establishes procedures for suspension, corrective action, and appeal. It does not impose new obligations beyond those already required by statute and provides administrative processes for notice and appeals. Consequently, there are no additional reporting, operational, or financial costs to employers or apprentices.
296-05-025(9) Duration of exemption suspension.	This section specifies the one-year suspension period following a final notice. It is a consequence of noncompliance and does not create new obligations. Therefore, it carries no additional costs for employers or apprentices.

AMENDATORY SECTION(Amending WSR 23-11-124, filed 5/23/23, effective 6/23/23)

WAC 296-05-003Definitions.

The following definitions apply to this chapter:

(1) Adjudicative proceeding: A proceeding before the WSATC in which an opportunity for a hearing before the WSATC is authorized by chapter 49.04 RCW or these rules before or after the entry of an order by the WSATC.

(2) Apprentice: A worker at least 16 years of age employed to learn an apprenticeable occupation and registered with a sponsor in an approved apprenticeship program under chapter 49.04 RCW and these rules. Building and construction trade occupations require an apprentice to be at least 17 years of age to register with a sponsor in an approved apprenticeship.

(3) Apprenticeable occupation: A specified occupation which must:

(a) Involve skills customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning;

(b) Be clearly identified and commonly recognized throughout an industry;

(c) Involve the progressive attainment of manual, mechanical, or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of at least 2,000 hours of on-the-job learning to attain;

(d) Require a minimum of 144 hours of related instruction per program year to supplement on-the-job work experience;

(e) Involve sufficient skill to establish career sustaining employment;

(f) Not be part of an occupation previously recognized by the registering agency as apprenticeable.

(4) Apprenticeship agreement: A written agreement between an apprentice and either the apprentice's program sponsor, or an apprenticeship committee acting as agent for the program sponsor(s), which contains the terms and conditions of the employment, training and education of the apprentice.

(5) Apprenticeship cohort: The group of individual apprentices registered to a specific program during a one year time frame, not including those whose agreements have been canceled during the initial probationary period.

(6) Apprenticeship committee: A quasi-public entity approved by the WSATC to administer and perform apprenticeship and training services.

(7) Apprenticeship program: A plan for administering an apprenticeship agreement containing all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices. Apprenticeship programs must include apprenticeship agreements.

(8) Apprenticeship section: The division of the department of labor and industries administering registered apprenticeships for state and federal purposes.

(9) Cancellation: The termination of registration or cancellation of approval for an apprenticeship program at the request of the supervisor or sponsor, or the termination of registration or approval of an apprenticeship agreement at the request of the apprentice, supervisor, or sponsor.

(10) Career ladder: Opportunities for apprenticeship graduates to progress to higher levels of pay and responsibility with an employer.

(11) Certificate of completion: A record of the successful completion of a term of apprenticeship issued by the department on behalf of the WSATC. To be eligible for a certificate of completion, an apprentice must have been registered with the department and an active participant of a committee's program for at least six months and have successfully completed their apprenticeship.

(12) Certification: Written approval from the WSATC that:

(a) A set of apprenticeship standards established by an apprenticeship program sponsor substantially complies with standards established by the WSATC; and

(b) An individual is eligible for probationary employment as a registered apprentice as part of an apprenticeship program.

(13) C.F.R.: Code of Federal Regulations.

(14) Competent instructor: An instructor providing related/supplemental instruction who has demonstrated satisfactory performance in the occupation for a minimum of three years beyond the customary learning period for that occupation and who:

(a) Meets the requirements of the state board for community and technical colleges for a vocational-technical instructor; or

(b) Is recognized within an industry as having expertise in a specific occupation and is a subject matter expert; and

(c) Has training in teaching techniques and adult learning styles. The training may be acquired before, or within one year after, the competent instructor begins to provide related/supplemental instruction.

(15) Competitor: An apprenticeship program providing training in the same or similar occupation as one already existing in a certain geographic area. To determine whether a program provides training in the same or similar occupation, the WSATC may consider:

(a) Approved apprenticeship standards;

(b) Collective bargaining agreements;

(d) Experts from organized labor, licensed contractors, and contractors' associations;

(e) Recognized labor and management industry practice;

(f) Scope of work descriptions issued by the department.

(16) Completion rate: The percentage of an apprenticeship cohort receiving a certificate of completion within one year of the projected completion date.

(17) Department: Department of labor and industries.

(18) Employer: Any person or organization with a valid Washington state unified business identifier (UBI) number employing an apprentice.

(19) Federal purposes: Any federal contract, grant, agreement, or arrangement dealing with apprenticeship. Includes any federal financial or other assistance, benefit, contribution, privilege, allowance, exemption, preference, or right pertaining to apprenticeship. See e.g., 29 C.F.R. Part 29.2.

(20) File: To send to:

Supervisor of Apprenticeship and Training

Department of Labor and Industries

Apprenticeship Section

Post Office Box 44530

Olympia, Washington 98504-4530

Or deliver to and receipt at:

Department of Labor and Industries

7273 Linderson Way S.E.

Tumwater, Washington 98501

Filing is complete upon deposit in the United States mail, properly addressed, postage prepaid, or personal service.

(21) First full training cycle: A full training cycle begins with the registration of the first apprentice and continues for one calendar year regardless of completion, cancellation and/or suspension of the apprentice.

(22) Individual agreement: A written agreement between an apprentice and/or trainee and either the apprentice's employer or an apprenticeship committee acting as agent for the employer.

(23) Industry-wide standards: The current, acceptable practices, including technological advancements, being used in the different occupations.

(24) Journey level: An individual having sufficient skills and knowledge of an occupation to be recognized by a state or federal registration agency and/or an industry as being fully qualified to perform the occupation. An individual can be fully qualified either through formal apprenticeship training or practical on-the-job work experience equal to or greater than the term of apprenticeship.

(25) Living wage: The minimum income needed to meet necessities such as food, housing, transportation, health care, and child services in a given area.

(26) On-the-job training program: A program that is set up in the same manner as an apprenticeship program with any exceptions authorized by the WSATC and as further described in WAC 296-05-013.

(27) Other nonwage benefits: Benefits such as health care, dental insurance, vision care, life insurance, paid vacation leave, sick leave, fitness, child care, a retirement plan, and other benefits an employer provides for the employee.

(28) Probationary period: A period of time during which the apprentice has not yet reached full status or is subject to corrective action.

(a) Initial probationary period: A period of time in relation to the full apprenticeship term, with full credit given for such period toward completion of apprenticeship, which cannot exceed 20 percent of the apprenticeship term, or one year from the date of registration, whichever is shorter. Apprentices within the initial probationary period may not file apprenticeship complaints with the program sponsor. Apprentices transferring from another program are not subject to additional initial probationary periods.

(b) Disciplinary probationary period: A period of time after the initial probationary period during which the apprentice's progress is not satisfactory. The program sponsor may withhold periodic wage advancements, suspend or cancel the apprenticeship agreement, or take further disciplinary action. Apprentices subject to a disciplinary probationary period may file complaints with the program sponsor.

(29) Program sustainability:

(a) An assessment of future sustainability of a program will contain the following elements:

(i) A description of program funding:

(A) A description of program funding source and mechanisms, such as grants, trust, apprentice fees, employer fees, public funds, or other;

(B) If a program is relying on public funds to start up, a description of how the program will be funded after public start up funds expire.

(ii) A description of how program funding will be used to maintain the operational and administrative capacity of the program over time including, but not limited to, how the program will meet administrative, staffing, books and materials, rent, equipment, and insurance needs.

(iii) A description of how resources will be used to maintain capacity to deliver related/supplemental instruction over time.

(iv) For group programs as defined in WAC 296-05-009 (1)(a), a description of the structure and mechanisms the program will have in place to ensure it remains adequately funded, in compliance with its financial and legal requirements, and in a manner that promotes the best interests of the apprentice. A program must detail how its contracts, memoranda of understandings, collective bargaining agreements, or other legally binding agreements will be used to ensure program sustainability.

(b) Platforms may develop and request additional sustainability criteria specific to their sector and industries, and can recommend these criteria to the WSATC for consideration in approving programs.

(30) Provisional registration: Initial one-year approval of a registered program meeting the required standards for registration. After one year, the provisional registration may be made permanent or continued as provisional through the first full training cycle, or rescinded following a compliance review.

(31) RCW: Revised Code of Washington.

(32) Registration: Both apprenticeship agreements and apprenticeship program standards are registered.

(a) Apprenticeship agreement registration: The acceptance and recording of an agreement by the apprenticeship section of the department of labor and industries as evidence of the apprentice's participation in a particular registered apprenticeship program.

(b) Apprenticeship program registration: The approval and recording of the program standards by the WSATC and the apprenticeship section as meeting the basic standards and requirements for such approval.

(33) Registration agency: The apprenticeship section of the department of labor and industries responsible for registering apprenticeship programs and apprentices, providing technical assistance, and conducting reviews for compliance with chapter 49.04 RCW and these rules.

(34) Related/supplemental instruction (RSI): An organized and systematic form of instruction designed to provide the apprentice with knowledge of the theoretical and technical subjects related to the apprentice's occupation. It may be provided in any form approved in advance by the WSATC. Apprentices must receive not less than 144 hours of RSI per program year.

(35) Secretary: The individual appointed by the director of the department according to RCW 49.04.030.

(36) Sponsor: Any person, firm, association, committee, or organization operating as an apprenticeship and training program and in whose name the program is registered.

(37) Standards: A written agreement containing specific provisions for operation and administration of the apprenticeship program and all terms and conditions for the qualifications, recruitment, selection, employment, and training of apprentices, as further defined in WAC 296-05-015.

(38) Supervision: The necessary education, assistance, and control provided by a journey-level employee to an apprentice. Apprentices must be supervised by a journey-level worker on the same job site at least 75 percent of each working day, unless otherwise approved by the WSATC. Registered apprentices must not supervise other registered apprentices.

(39) Supervisor: The individual appointed by the director of the department who acts as the secretary of the WSATC. When these rules create a duty of the supervisor or secretary of the WSATC, the supervisor may designate department of labor and industries' employees to assist in the performance of those duties subject to the supervisor's oversight and direction.

(40) Trainee: An individual enrolled in an on-the-job training program, but who is not registered with a sponsor in an approved apprenticeship program under chapter 49.04 RCW and these rules.

(41) Training agent: Employer of registered apprentices approved by the program sponsor to furnish on-the-job training. The training agent shall use only registered apprentices to perform work processes in accordance with approved program standards.

(42) Training agreement: A written agreement between a training agent and a program sponsor containing the provisions of the apprenticeship program applicable to the training agent and the duties of the training agent in providing on-the-job training.

(43) Transfer: A shift of apprenticeship registration from one sponsor to another with a written agreement between the apprentice and the affected apprenticeship committees or program sponsors.

(44) WAC: Washington Administrative Code.

(45) WSATC: Washington state apprenticeship and training council.

WAC 296-05-025Specialty electrician exemption for individual employer general journey level (01) electrical apprenticeship programs.

(1) Purpose and scope. As provided under RCW 49.04.305, this section identifies the requirements under which a general journey level (01) electrical apprenticeship program sponsored by an individual employer may use the program's registered apprentice to perform work under the apprentice's valid specialty electrician certificate of competency issued by the department of labor and industries without having to change the apprentice's status in the program.

(2) Definitions. The following definitions apply to this section:

(a) "Apprentice status" refers to the current status of a registered apprentice in the apprenticeship registration and tracking system (ARTS).

(b) "Single employer" holds the same meaning as "individual employer" to refer to a registered apprenticeship program sponsored by an individual employer, consistent with WAC 296-05-009.

(c) "Specialty electrician" means a person who has been issued a specialty electrician certificate of competency by the department of labor and industries under chapters 19.28 RCW and 296-46B WAC.

(3) Specialty electrician exemption requirements. An individual employer may utilize the specialty electrician exemption allowed under RCW 49.04.305 and this section if all the following requirements are met:

(a) The general journey level (01) electrical apprenticeship program is sponsored by an individual employer;

(b) The apprentice is registered in a general journey level (01) electrical apprenticeship program sponsored by an individual employer and the apprentice holds a valid specialty electrician certificate of competency issued by the department of labor and industries;

(c) The employer provides annual notice to the apprentice of the employer's intent to use the apprentice for performing work under the apprentice's valid specialty electrician certificate of competency. Annual notices must be provided in accordance with subsection (4) of this section;

(d) The employer submits to the department a detailed quarterly report attesting to the apprentice's hours worked under the apprentice's valid specialty electrician certificate of competency in accordance with subsection (5) of this section;

(e) The individual employer utilizing this exemption must provide the general journey level (01) electrical apprentice with at least 800 hours of on-the-job training consistent with the standards and requirements the apprentice needs to complete the (01) electrical apprenticeship program. The apprentice's hours worked under the apprentice's valid specialty electrician certificate of competency do not count toward the hours of on-the-job training experience required to complete the program;

(f) Apprentices with a specialty electrician certificate that required the completion of 4,000 hours of on-the-job training, must be provided at least 800 hours of on-the-job training each year in commercial and industrial work processes consistent with the requirements needed to complete the apprenticeship program;

(g) Registered apprentices must not supervise other registered apprentices. An apprentice working under their specialty electrician certificate of competency must not supervise another apprentice; and

(h) The individual employer meets all requirements under this section, and applicable apprenticeship program requirements under chapters 49.04 RCW and 296-05 WAC.

(4) Annual notice to apprentice. To qualify for the specialty electrician exemption under RCW 49.04.305, the individual employer must provide a written annual notice to the apprentice stating the employer's intent to use the apprentice for performing work under the apprentice's valid specialty electrician certificate of competency.

(a) Initial notice to apprentice.

(i) Prior to utilizing the exemption, the employer must provide a written initial notice to the apprentice. The initial notice must include all elements required under this section.

(ii) The employer must provide a copy of the initial notice, with acknowledgments by both the employer and the apprentice, to the department within 30 days of beginning the exemption.

(b) Annual notice to apprentice.

(i) An annual notice must be provided to the apprentice until the final disposition of the apprentice.

(ii) The annual notice must be provided in writing, electronic or on paper. The notice must be acknowledged by both the employer and the apprentice, including the date the notice was acknowledged by each party.

(iii) The employer must provide a copy of the annual notice, with acknowledgments by both the employer and the apprentice, to the department upon request.

(iv) The annual notice must include all elements required under this section.

(c) Initial and annual notice to apprentice required elements and form. The employer may use a form provided by the department. The annual notice must include, but not be limited to, all the following elements:

(i) Detailed description of the purpose and scope of the specialty electrician exemption;

(ii) Apprentice's information including apprentice's name, apprentice identification number, specialty certification information (type, certificate number, effective and expiration dates);

(iii) Employer information including employer name, employer's unified business identifier number (UBI), and electrical contractor license number;

(iv) Apprenticeship program name;

(v) The wage the apprentice will be paid for performing work under the apprentice's valid specialty electrician certificate of competency;

(vi) All the following statements:

(A) The employer intends to use the apprentice to work under their valid specialty electrician certificate of competency;

(B) The apprentice's hours worked under their valid specialty electrician certificate of competency do not count toward the hours of on-the-job training required to complete the general journey level (01) electrical apprenticeship program. Performing such work for the employer may delay the apprentice's progress toward completing the apprenticeship program based on low hour accumulation;

(C) Performing work under the apprentice's valid specialty electrician certificate of competency for the employer may delay the apprentice's next wage progression based on low hour accumulation for the general journey level (01) electrical apprenticeship program;

(D) The employer will provide the apprentice with at least 800 hours of on-the-job training each year in the work processes required by the standards of apprenticeship for the general journey level (01) electrical apprenticeship program that the apprentice needs to complete the program;

(E) The apprentice may pursue other apprenticeship opportunities that may not result in a delay to the apprentice's progress toward completing their general journey level (01) electrical apprenticeship program due to low hour accumulation;

(F) If any of the requirements for this exemption are not met by the program, the apprentice has the right to file a complaint consistent with the complaint procedures identified under WAC 296-05-105;

(G) The department may suspend the employer from utilizing this exemption for failing to meet the requirements set forth in RCW 49.04.305 and WAC 296-05-025; and

(H) In addition to the requirements set forth in RCW 49.04.305 and WAC 296-05-025, relevant apprenticeship program requirements under chapters 49.04 RCW and 296-05 WAC continue to apply; and

(vii) A section to certify that the notice was provided by the employer and received by the apprentice. The form must include an acknowledgment signature and date.

(5) Quarterly specialty electrician exemption report attesting to apprentice hours worked. To qualify for the specialty electrician exemption under RCW 49.04.305, the individual employer must submit to the department a detailed report attesting to the apprentice's hours worked under the apprentice's valid specialty electrician certificate of competency on a quarterly basis.

(a) Specialty electrician exemption report - Quarterly submittal.

(i) The specialty electrician exemption report must be submitted on a form provided by the department.

(ii) The report must be submitted in a manner consistent with the instructions on the report form. The form must be submitted via email to apprentice@lni.wa.gov.

(iii) The quarterly reporting schedule is:

(A) Quarter 1 - Reporting period of January 1st through March 31st. Report due April 10th.

(B) Quarter 2 - Reporting period of April 1st through June 30th. Report due July 10th.

(D) Quarter 4 - Reporting period of October 1st through December 31st. Report due January 10th.

(b) Quarterly specialty electrician exemption report form. The report must be submitted on a form provided by the department. The report must include, but is not limited to, the following elements:

(i) Apprentice's information including apprentice's name, apprentice identification number, specialty certification information (type, certificate number, effective and expiration dates);

(ii) Employer information including employer name, employer's unified business identifier number (UBI), and electrical contractor license number;

(iii) Apprenticeship program name;

(iv) Reporting period;

(v) Hours worked by the apprentice under their valid specialty electrician certificate of competency during the reporting period;

(vi) Hours of the apprentice's on-the-job training in work processes consistent with the requirements needed by the apprentice to complete the general (01) apprenticeship program; and

(vii) Applicable permit numbers and awarding authority for work performed, job logs identifying jobs the apprentice worked under their specialty certification and within their general (01) apprenticeship.

(6) Recordkeeping. The employer must retain a copy of the initial notice, annual notices, and quarterly attestation and associated reports for a minimum of five years, consistent with WAC 296-05-100. Program sponsors must provide access to records when requested by the Washington state apprenticeship and training council (WSATC) or the apprenticeship supervisor.

(7) Apprentice complaints. The processes and procedures for WAC 296-05-105 apply to individual apprentice complaints.

(8) Suspension of exemption. The supervisor, or designee, may investigate whether the employer is in compliance with RCW 49.04.305 and WAC 296-05-025. The employer may be suspended from utilizing the exemption if the department finds that the employer did not meet the requirements set forth in RCW 49.04.305 and WAC 296-05-025.

(a) When the supervisor determines that an employer is operating in violation of RCW 49.04.305 or this rule, the supervisor may suspend an employer's exemption.

(b) The supervisor must:

(i) Provide written notice to the employer of the deficiencies and 60 calendar days to correct the identified deficiencies;

(ii) Provide notice that the employer's exemption may be suspended if the employer does not correct the deficiencies and notify the supervisor in writing of the corrective action taken to cure the deficiencies with documentary proof of the employer's corrective action within 60 calendar days from the date the supervisor mails the notice of deficiencies to the employer;

(d) The supervisor provides written notice to the employer of the supervisor's final decision to suspend the employer's exemption.

(e) An employer may appeal the supervisor's final order of suspension to the director by filing a notice of appeal with the director within 30 days from the date the supervisor mails order to the employer.

(f) A final order of suspension not appealed within 30 days is final and binding, and not subject to further appeal.

(g) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed final order of suspension shall be de novo.

(h) Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director shall conduct administrative review in accordance with chapter 34.05 RCW.

(i) The director shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW. Orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.

(j) An employer who fails to allow adequate inspection of records in an investigation by the department under chapter 49.04 RCW or 296-05 WAC within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination of compliance by the department.

(9) Duration of exemption suspension. The program will be suspended from using the exemption for one year from the date of the final notice of suspension. Once reinstated, the program must follow all notification and reporting requirements.