WSR 12-17-122

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 21, 2012, 9:35 a.m. ]

     Subject of Possible Rule Making: Chapter 296-05 WAC, Apprenticeship rules.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 49.04 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The apprenticeship program is working with the Washington state apprenticeship and training council (WSATC), with representation from business, labor, and the public, regarding employer compliance with apprenticeship rules. The rule making meets the exemption in Executive Orders 10-06 and 11-03 that allows rules required by federal or state law or required to maintain federally delegated or authorized programs. Rule making is needed in response to SB 5584 (chapter 308, Laws of 2011) and E2SHB 1371 (chapter 21, Laws of 2011).

     The rule making will:


Adopt an appeal process to comply with a new director's review for council decisions involving federal purposes.
Amend language that designates the department, rather than the WSATC, as the rule-making authority for apprenticeship.
Amend language for consistency and to align the language with the new statutory requirements.
Amend language to allow the director, rather than the governor, to appoint public members to the council.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor, Office of Apprenticeship, Employer and Labor Services, which has federal apprenticeship oversight responsibility, will be provided a copy of the proposed rules.

     Process for Developing New Rule: Parties interested in these rules may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments and/or testimony during the public hearing and comment process.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Alicia Curry, Department of Labor and Industries, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-5271, fax (360) 902-5292, e-mail alicia.curry@lni.wa.gov.

August 21, 2012

Judy Schurke

Director