Title 12, Chapter 30

HAWAII ADMINISTRATIVE RULES
TITLE 12 DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
SUBTITLE 5
APPRENTICESHIP DIVISION
CHAPTER 30
APPRENTICESHIP PROGRAMS
12-30-1 Definitions
12-30-2 Purpose and scope
12-30-3 Eligibility for registration
12-30-4 Registration procedures
12-30-5 Criteria for apprenticeable occupations
12-30-6 Standards for apprenticeship
12-30-7 Apprenticeship agreement
12-30-8 Cancellation or temporary suspension of apprenticeship
agreement
12-30-9 Deregistration of apprenticeship program
12-30-10 Hearings
12-30-11 Reinstatement of program registration
12-30-12 Complaints
Historical Note: Chapter 30 of title 12 is based substantially
upon Regulation XLIV, Relating to Apprenticeship Programs, Department
of Labor and Industrial Relations, State of Hav7aii. [Eff. 7/21-/78;
R 7/30/81]
§12-30-1 Definitions. As used herein:
"Apprentice" shall be as defined, in section 372-2, HRS
"Apprenticeship agreement" shall be as defined in section
372-2, HRS.
"Apprenticeship committee" means those persons designated by
the sponsor to act for it in the administration of the program. A
"joint" committee is composed of an equal number of representatives
of the employers and of the employees represented by a bona fide
collective bargaining agent. A "unilateral" or "non-joint" committee
is composed of representatives of the employers and does not include
a bona fide collective bargaining agent as a participant.
"Apprenticeship program" means a plan containing all terms and
conditions for the qualification, recruitment, selection, employment,
and training of apprentices.
"Apprenticeship standard" means the written document which sets
forth the minimum labor standards required by law for training

apprentices in a specified industry, area, or plant. By reference, it
is a part of the apprenticeship agreement. There are two basic types
of standards--one encompasses joint employer-union participation in
the program; and one, referred to as unilateral, where responsibility
for apprenticeship is assumed by either management or the union, but
not both.
"Department" shall be as defined in section 372-2, HRS.
"Director" shall be as defined in section 372-2 HRS.
"Employer" means any person or organization employing an
apprentice whether or not such person or organization is a party to
an apprenticeship agreement with the apprentice.
"Registration of an apprenticeship agreement" means the
acceptance and recording of the agreement by the department as
evidence of the participation of the apprentice in a particular
registered apprenticeship program.
"Registration of an apprenticeship program" means the
acceptance and recording of such program by the department as meeting
the basic standards and requirements of the department for approval
of such program. Written approval shall be given by the department.
"Related instruction" means an organized and systematic form of
instruction designed to provide the apprentice with knowledge of the
theoretical and technical subjects related to the trade.
"Rule" shall be as defined in section 91-1, HRS.
"Sponsor" means any person, corporation, association,
committee, or organization operating an apprenticeship program and in
whose name the program is approved and registered. (Eff. 7/30/81]
(Auth: HRS §372-5) (Imp: HRS §372-2)
§12-30-2 Purpose and scope. (a) Section 372-5, HRS, authorizes
and directs the director to formulate and promote the furtherance of
labor standards necessary to safeguard the welfare of apprentices and
to extend the application of such standards by requiring the
inclusion thereof in apprenticeship programs.
(b) The purpose of this chapter is to set forth rules to
safeguard the welfare of apprentices, and to extend the application
of such standards by prescribing rules concerning the registration of
acceptable apprenticeship programs. These rules cover the standards
of apprenticeship, registration, cancellation and deregistration of
apprenticeship programs and of apprenticeship agreements, and matters
relating thereto.
(c) The provisions of this chapter shall apply to a person,
firm, corporation, association, committee organization, or craft only
after such person, firm, corporation, association, committee,
organization, or craft has elected to comply with its provisions.
[Eff. 7/30/81] (Auth: HRS §372-5) (Imp: HRS §§5372-3, 372-5)
§12-30-3 Eligibility for registration. (a) No apprenticeship

program or agreement shall be eligible for registration unless it
conforms with section 12-30-6; Administrative Rules, section 12-31-3;
and chapter 372, HRS.
(b) Apprenticeship programs and standards of employers and
unions, except for building and construction industry, which jointly
form a sponsoring entity on a multi-state basis and are registered by
any other recognized state apprenticeship agency or council or by the
Bureau of Apprenticeship and Training, U.S. Department of Labor,
shall be accorded registration or approval reciprocity by the
department if such reciprocity is requested by the sponsoring entity.
All program registrations shall conform to subsection (a). [Eff.
7/30/81] (Auth: HRS §372-5) (Imp: HRS §372-5)
§12-30-4 Registration procedures. (a) Under a program
sponsored for registration by an employer or employers' association,
where the standards, collective bargaining agreement, or other
instrument provide for participation by a union in any matter in the
operation of the substantive matters of the apprenticeship program,
and such participation is exercised, written acknowledgment of union
agreement to the registration is required. Where no such
participation is evidenced and practiced, the employer or employers'
association shall simultaneously furnish to the union, if any, which
is the collective bargaining agent of the employees to be trained, a
copy of its apprenticeship program for registration. The department
shall provide a period of sixty days for receipt of union comments,
before final action or approval.
(b) Where the employees to be trained have no collective
bargaining agent, an apprenticeship program may be proposed for
registration by an employer or group of employers.
(c) If the sponsor is involved in any abnormal labor situation
such as a strike, lockout, or other similar situation, the approval
of an application for an apprenticeship program may be withheld by
the department until such time as the department determines that the
situation is resolved.
(d) If it is determined by the department that a sponsor is in
violation of any federal or state labor laws or rules and regulations
affecting registration of programs, the approval of the application
for an apprenticeship program may be withheld by the department until
the department determines that such issues are resolved.
(e) Approved apprenticeship programs shall be accorded
registration, evidenced by written approval by the department.
(f) Any proposed modification or change to registered programs
shall be promptly submitted to the department, and if approved, shall
be recorded and acknowledged as a revision of such programs. [Eff.
7/30/81] (Auth: HRS §372-5) (Imp: HRS §372-5)
§12-30-5 Criteria for apprenticeable occupations. An

apprenticeable occupation is a skilled trade which possesses all of
the following characteristics:
(1) It is customarily learned in a practical way through a
structured systematic program of on-the-job supervised
training;
(2) It is clearly identified and commonly recognized
throughout an industry;
(3) It involves manual, mechanical, or technical skills and
knowledge which require not less than twelve months or two
thousand hours of reasonably continuous employment; and
(4) It requires related instruction to supplement the
on-the-job training. [Eff. 7/30/81] (Auth: HRS §372-5)
(Imp: HRS §372-5)
§12-30-6 Standards of apprenticeship. An apprenticeship
program shall be eligible Fo-r registration by the department if it
conforms to the following standards:
(1) The program is an organized, written plan embodying the
terms and conditions of employment, training, and
supervision of one or more apprentices in the
apprenticeable occupation, and subscribed to by a sponsor
who has undertaken to carry out the apprentice training
program;
(2) The program standards contain the equal opportunity pledge
prescribed in section 12-31-3(b), Administrative Rules,
and, when applicable, an affirmative action plan and a
selection method in accordance with sections 12-31-4 and
12-31-6, Administrative Rules, and provisions concerning
the following:
(A) A statement of the trade or craft to be taught and
the required hours for completion of apprenticeship
which shall be not less than twelve months or two
thousand hours of reasonably continuous employment,
consistent with training requirements as established
by industry practice;
(B) A statement of the number of hours or months to be
spent by the apprentice in work on the job and an
outline of the work processes in which the apprentice
will receive supervised work experience and training
on the job, and the allocation of the approximate
time to be spent in each major process;
(C) A statement of the number of hours to be spent in
organized related instruction in technical sub4ects
related to the trade, approved by the state
department of education or by the community college
system, Univerity of Hawaii, which shall be not less
than one hundred and forty-four hours per year and
whether or not the required school time shall be

compensated; provided that the department may, in the
best interest of apprenticeship, reduce the number of
hours of related instruction; which instruction may
be given in a classroom through trade or industrial
courses, or by correspondence courses of equivalent
value, or other forms of self-study ap-,roved by the
department;
(D) A statement that apprentices shall be not less than
sixteen years of age;
(E) A statement of the progressively increasing scale of
wages to be paid the apprentice consistent with the
skill acquired, the entry wage to be not less than
the Minimum wage prescribed by the Federal Fair Labor
Standards Act of 1938, as amended, section 6 thereof,
(29 U.S.C., section 206), where applicable, unless a
higher wage is required by other applicable federal
or state law, administrative rules, or by bargaining
agreement;
(F) A provision for a probationary period reasonably
related to the full apprenticeship term, with full
credit given for such period toward completion of
apprenticeship;
(G) A provision that during the period of probation, the
director shall cancel an apprenticeship agreement at
the request in writing of any party thereto;
(H) A provision that after the probationary period, the
director may cancel an apprenticeship agreement:
(i) Upon agreement of the parties thereto;
(ii) At the request of the apprentice;
(iii) Upon recommendation by the sponsor, for good
cause, with due notice to the apprentice and a
reasonable opportunity for corrective action;
or
(iv) For good cause on the director's own motion
after giving all parties notice and opportunity
to be heard;
(I) A provision that the services of the department may
be utilized for consultation regarding the settlement
of differences arising out of the apprenticeship
agreement where the differences cannot be adjusted by
the parties or in accordance with the established
trade procedure, and that any such differences which
cannot be amicably settled by the parties may be
submitted to the director for final decision;
(J) A provision for the numeric ratio of apprentice to
journeyworkers consistent with proper supervision,
training, safety, and reasonable continuity of

employment, and applicable provisions in collective
bargaining agreements, in relation to which it is
recommended that a ratio of no more than one
apprentice for each journeyworker regularly employed
by a participating employer in each apprenticeable
occupation be established;
(K) A provision for transfer of employer's training
obligation when the employer is unable to fulfill the
obligation under the apprenticeship agreement, to
another employer under the same program with the
consent of the apprentice and apprenticeship
committee or program sponsor, with full credit to the
apprentice for satisfactory time and training earned;
(L) A provision for minimum qualifications required by a
sponsor for persons entering the apprenticeship
program;
(M) A provision for granting of an advanced standing or
credit for previously acquired experience, training,
or skills for all applicants equally, with
commensurate wages for any progression step so
granted;
(N) A provision that the apprentice shall be provided
adequate and safe equipment and facilities for
training and supervision and safety training on the
job and in related instruction, and that the employer
shall insure that the apprentice is trained in
facilities and other environments that are in
compliance with federal and state occupational safety
and health standards;
(O) A provision for the placement of an apprentice under
a written apprenticeship agreement, which shall
directly, or by reference, incorporate the standards
of the programs as part of the agreement;
(P) A provision for periodic review and evaluation of the
apprentice's progress in job performance and in
related instruction by the program sponsor and the
department, and the maintenance of appropriate
progress records;
(Q) A provision for recognition of successful completion
of apprenticeship evidenced by an appropriate
certificate;
(R) Identification of the registration agency as
apprenticeship division, department of labor and
industrial relations;
(S) Assurance of qualified training ,personnel and
adequate supervision on the job;
(T) A provision for the registration, cancellation, and

deregistration of the program, and requirement for
the prompt submission of any modification or
revision thereto;
(U) A provision for registration of apprenticeship
agreements and revisions, notice to the department of
persons who have successfully completed
apprenticeship programs, and notice of cancellations
and suspensions of apprenticeship agreements and
causes therefor;
(V) A statement of the committee's organization and
functions when the program sponsor is a joint
apprenticeship committee;
(W) The name and address of the appropriate authority
under the program to receive, process, and make
disposition of complaints; and
(X) A provision that apprenticeship standards shall
comply with.federal and state laws, and rules
pertaining to apprenticeship. [Eff. 7/30/81] (Auth:
HRS §372-3) (Imp: HRS §372-3)
§12-30-7 Apprenticeship agreement. (a) Apprentices shall be
individually registered under a registered program. Registration
shall be effected by filing copies of each apprenticeship agreement
with the department.
(b) The apprenticeship agree ment shall contain explicitly or
by reference:
(1) Name and signature of the contracting parties (apprentice
and the program sponsor or employer) and the signature of
a parent or guardian if the apprentice is a minor;
(2) The date of birth of apprentice;
(3) Name and address of the program sponsor and registration
agency;
(4) A statement of the trade or craft in which the apprentice
is to be trained and the beginning date and term of
apprenticeship; and
(5) A reference incorporating as part of the agreement the
standards of the apprenticeship program as it exists on
the date of the agreement and as it may be amended during
the period of the agreement. [Eff. 7/30/81] (Auth: HRS
§372-5) (Imp: HRS §372-5)
§12-30-8 Cancellation or temporary suspension of apprenticeship
agreement. The department may cancel or temporarily suspend an
apprenticeship agreement upon concurrence of the parties thereto, or
at the request of the apprentice, or upon recommendation by the
sponsor, or, on the director's own motion.
(1) On request of the apprentice or upon agreement of the

parties, the director may cancel or temporarily suspend
the registration of an apprenticeship agreement by a
written acknowledgment of such request to all parties
affected, and giving the effective date of such
cancellation or temporary suspension.
(2) The director may cancel or temporarily suspend the
registration of an apprenticeship agreement upon
recommendation of the sponsor, or on the director's own
motion. The director shall notify the appropriate parties
in writing.
(A) The notice shall be sent by certified mail, return
receipt requested, shall state the reasons for the
cancellation or suspension action, and shall state
that the apprenticeship agreement will be cancelled
or suspended unless, within ten workdays of receipt
of the notice, the apprentice or sponsor contest the
proposed action.
(B) If a hearing is requested, the hearing shall be held
in accordance with section 12-30-10. [Eff. 7/30/81]
(Auth: HRS §372-5) (Imp: HRS §372-5)
§12-30-9 Deregistration of apprenticeship program. (a)
Deregistration of a program may be by the voluntary action of the
sponsor or, upon good cause, by the department through deregistration
proceedings in accordance with the provisions of this chapter.
(b) The director may cancel the registration of an
apprenticeship program by a written acknowledgment of a sponsor's
request stating, but not limited to, the following:
(1) The registration is canceled at sponsor's request with
notice of intent to all parties affected, and giving the
effective date of such cancellation
(2) That within fifteen work days of the date of the
acknowledgment, the sponsor shall notify all apprentices
of such cancellation and the effective date and that such
cancellation automatically deprives the apprentices of
their individual registration.
(c) Deregistration by department.
(1) Deregistration proceedings may be undertaken when it
appears that the apprenticeship program is not conducted,
operated, or administered in accordance with the
registered standards, chapter 372, HRS, or this chapter;
whereupon, the director shall so notify the program
sponsor in writing.
(2) The notice shall be sent by certified mail, return receipt
requested, and shall state that the program will be
deregistered and the cause therefor unless corrective
action is taken within thirty days upon receipt of notice.

(3) Upon request by the sponsor for good cause, the thirty-day
period may be extended for up to one additional thirty-day
period. During the period for correction, the sponsor
shall be assisted in every reasonable way by the
department.
(4) If the required action is not taken within the allotted
time, the director shall send a notice to the sponsor by
certified mail, return receipt requested, stating the
following:
(A) The notice is sent pursuant to this subsection;
(B) That certain deficiencies were called to the
sponsor's attention and remedial actions requested;
(C) That the program will be deregistered unless, within
fifteen workdays of receipt of notice, the sponsor
requests a hearing; and
(D) If a hearing is not requested by the sponsor, the
program will be automatically deregistered.
(5) Upon the sponsor's request, the director shall convene a
hearing in accordance with section 12-30-10.
(6) In each case in which deregistration is ordered, the
director shall notify the sponsor.
(7) Every order of deregistration shall contain a provision
that the department shall, within fifteen workdays of the
effective date of the order, notify all registered
apprentices of the deregistration of the program, the
effective date, and that such action automatically
deprives the apprentices of their individual registration.
[Eff. 7/30/81] (Auth: HRS §372-5) (Imp: HRS §372-5)
§12-30-10 Hearings. (a) All hearings required by this chapter
shall be held in accordance with chapter 91, HRS.
(b) The director or an authorized representative shall have the
responsibility of giving notice of hearings and conducting and
regulating the course of the hearings. Every party shall have the
right to counsel and a fair opportunity to present the party's case,
including such cross-examination as may be appropriate under the
circumstances. The director or an authorized representative shall
make every reasonable effort to obtain all pertinent facts and shall
render a final decision based on the findings.
(c) Any person aggrieved by the final decision of the
department shall be entitled to judicial review as provided by
section 14 of chapter 91, HRS. (Eff. 7/30/81] (Auth: HRS §372-5)
(Imp: HRS §372-5)
§12-30-11 Reinstatement of program registration. Any
apprenticeship program deregistered pursuant to chapter 372, HRS, and
this chapter, may be reinstated upon presentation of adequate

evidence that the apprenticeship program will be operated in
accordance with chapter 372, HRS, and this chapter. [Eff. 7/30/81]
(Auth: HRS §372-5) (Imp: HRS §372-5)
§12-30-12 Complaints. (a) Any complaint concerning
discrimination or other equal opportunity matters shall be submitted,
processed, and resolved in accordance with state or federal equal
employment opportunity laws.
(b) Any controversy or difference arising under an
apprenticeship agreement which cannot be resolved by the parties, or
which is not covered by a collective bargaining agreement, may be
submitted to the department for review. Matters covered by a
collective bargaining agreement are not subject to such review. [Eff.
7/30/81] (Auth: HRS §372-5) (Imp: HRS §372-5)