(a) The Council shall:
(1) advise the Division of Workforce Development and Adult Learning on the apprenticeability of occupations in the State of Maryland;
(2) encourage the establishment of local apprenticeship committees where the committees are needed;
(3) make recommendations regarding the formulation and adoption of standards of apprenticeship which safeguard the welfare of apprentices, being guided, but not controlled, by the standards of apprenticeship recommended by the federal committee on apprenticeship;
(4) require a minimum ratio of one journeyworker regularly employed to one apprentice, consistent with proper supervision, training, and continuity of employment and applicable provisions in collective bargaining agreements;
(5) at the time of or subsequent to registration, recommend a deviation from the minimum ratio requirement for all occupations that are defined by the Secretary as nonhazardous to workers and members of the public;
(6) consider formal written deviation requests from all other occupations;
(7) make recommendations regarding the formulation of policies for the overall apprenticeship program;
(8) make recommendations regarding the registration of standards of apprenticeship of the groups or employers that elect to conform with the provisions of this subtitle;
(9) make recommendations regarding the registration of apprenticeship agreements which conform to the standards of apprenticeship adopted by the Division of Workforce Development and Adult Learning;
(10) recommend the issuance of certificates of completion of apprenticeship to apprentices who are registered with the Division of Workforce Development and Adult Learning when the Division determines that such apprentices have completed successfully their apprenticeship;
(11) seek all information pertaining to apprenticeship training in the State;
(12) prescribe its rules of procedure and duties of the Chairman, Director, and Secretary subject to the provisions of this law; and
(13) perform other advisory functions as the Governor or the Secretary may direct or as may come within the scope of the Council.
(b) (1) No person, firm, or corporation may offer, establish, maintain, or operate an apprenticeship program for any occupation approved by the Division of Workforce Development and Adult Learning as an apprenticeable occupation for which tuition, charges, or fees are charged to or are payable by an enrollee or student, or which is financed in whole or in part by State funds, unless the program is first approved by the Division of Workforce Development and Adult Learning.
(2) (i) The Division of Workforce Development and Adult Learning shall issue a certificate of approval to an applicant operating or proposing to operate the program if the Division of Workforce Development and Adult Learning is satisfied that the conditions of entrance, the qualifications of the administrators and instructors, the content of the program, the facilities, and the financial aspects of the program are adequate and appropriate for the purpose of the program.
(ii) If the Division of Workforce Development and Adult Learning does not issue a certificate of approval to an applicant operating or proposing to operate a program, any person, firm, or corporation whose application is rejected has a right to judicial review under Title 10, Subtitle 2 of the State Government Article.
(3) (i) The Division of Workforce Development and Adult Learning, after notice and hearing, may deregister a program or course if it finds that the program or course has ceased to meet the conditions of approval.
(ii) Any person, association, committee, or organization that operates an apprenticeship program that is deregistered by the Division of Workforce Development and Adult Learning may request a hearing before the United States Department of Labor.
(4) After consulting the Council, the Division of Workforce Development and Adult Learning, after notice and hearing, may adopt rules and regulations for the implementation of this section, including rules and regulations requiring the furnishing of periodic relevant information about approved and proposed programs and the operator or proposed operator of the approved or proposed programs.
(5) Any person, firm, or corporation that knowingly offers, establishes, maintains, or operates a program in violation of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 or be imprisoned for not more than one year, or both.
(6) If recommended by the Council, the Division of Workforce Development and Adult Learning may apply to any court of competent jurisdiction for an injunction restraining violations of this section.
(c) (1) Except as provided in paragraph (2) of this subsection, the Division of Workforce Development and Adult Learning shall accord reciprocal approval to apprentices, apprenticeship programs, and standards that are registered in other states by the United States Department of Labor’s Office of Apprenticeship or a registration agency, if reciprocity is requested by the apprenticeship program sponsor.
(2) The Division of Workforce Development and Adult Learning may not accord reciprocal approval to a program sponsor that does not meet the wage and hour requirements and apprentice ratio standards of the reciprocal state.
(d) (1) On or before December 31 each year, the Division of Workforce Development and Adult Learning shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information for the immediately preceding 5 calendar years:
(i) the completion and enrollment rates of each apprenticeship program registered in the State;
(ii) the age, race, sex or gender identity, county of residence, and program enrollment of each individual enrolled in a registered apprenticeship program;
(iii) the number of:
1. qualified intermediaries registered in the Registered Apprenticeship Qualified Intermediary Program;
2. approved grants and procurements used by the Secretary under § 11–410(c)(3) of this subtitle; and
3. newly registered apprentices and newly registered apprenticeship programs resulting from the Registered Apprenticeship Qualified Intermediary Program;
(iv) the number and value of the incentives awarded under the Maryland Pay Per Apprentice Program;
(v) worker outcomes for each registered apprenticeship program, including:
1. job placement;
2. post–apprenticeship wage rates; and
3. retention and advancement data; and
(vi) any corrective action, including requiring reimbursement of incentives, for failure to meet the requirements of the Maryland Pay Per Apprentice Program established under § 11–607 of this title.
(2) The Division of Workforce Development and Adult Learning shall publish the report required under paragraph (1) of this subsection on the Division of Workforce Development and Adult Learning’s Web site.