Montana Administrative Register Notice 24-21-346 No. 10   05/24/2019    
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In the matter of the amendment of ARM 24.21.202, 24.21.302, and 24.21.421 pertaining to registered apprenticeship







            TO: All Concerned Persons


            1. On June 14, 2019, at 9:00 a.m., the Department of Labor and Industry (department) will hold a public hearing in the Lewis Room (basement conference room) of the Walt Sullivan Building, 1315 E. Lockey Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules.


            2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 4:00 p.m. on June 7, 2019, to advise us of the nature of the accommodation that you need. Please contact Jay Reardon, Department of Labor and Industry, P.O. Box 1728, Helena, Montana 59624-1728; telephone (406) 444-3556; fax (406) 444-3037; TDD/Montana Relay Service *711; or e-mail james.reardon@mt.gov.


            3.  The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:



            (1) through (4)(b) remain the same.

            (c) The office contact e-mail address is: mmaki@mt.gov apprenticeship@mt.gov.

            (d) The state apprenticeship and training program operates various web sites, including:

            (i) http://wsd.dli.mt.gov/apprenticeship http://apprenticeship.mt.gov/; and

            (ii) http://exploreapprenticeship.mt.gov https://montanaworks.gov/.


            AUTH: 39-6-101, MCA

            IMP:    39-6-101, MCA



            (1) through (1)(b) remain the same.

            (c) 29 CFR section 29.5, standards of apprenticeship, as in effect on July 1, 2010 January 18, 2017;

            (d) remains the same.

            (e) 29 CFR section 29.7, apprenticeship agreement, as in effect on July 1, 2010 January 18, 2017;

            (f) 29 CFR section 29.8, deregistration of a registered program, as in effect on July 1, 2010 January 18, 2017;

            (g) and (h) remain the same.

            (i) 29 CFR part 30, equal employment opportunity in apprenticeship and training, as in effect on July 1, 2010 January 18, 2017.

            (2) through (3)(b) remain the same.

            (i) http://wsd.dli.mt.gov/apprenticeship/ http://apprenticeship.mt.gov/ (Montana Department of Labor and Industry web site); or

            (ii)  http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1 https://www.ecfr.gov/cgi-bin/text-idx?SID=aa3a46a8d66797945403b9672a8ba62a&mc=true&tpl=/ecfrbrowse/Title29/29cfr29_main_02.tpl (National Archives and Records Administration web site).


            AUTH: 2-4-201, 39-6-101, MCA

            IMP:    2-4-201, 39-6-101, MCA


            24.21.421 EQUAL EMPLOYMENT OPPORTUNITY (1) Title 29, C.F.R. Part 30 is a federal regulation which was implemented by the Apprenticeship Bureau to retain federal recognition as the apprenticeship regulatory agency. The Apprenticeship Bureau has drawn up a state plan entitled "Equal Employment in Apprenticeship.", dated October 8, 1971.  Copies of the proposed state plan, effective June 2019, are available and can be accessed electronically at http://apprenticeship.mt.gov/state-eeo-plan.  The department consented to omission of the text of the plan which is cumbersome and inexpedient. Printed copies are available at no cost and may be obtained at the Apprenticeship Bureau office.


            AUTH: 39-6-101, MCA

            IMP:     39-6-101, MCA


REASON:  There is reasonable necessity to amend the above rules to update CFR citations and update the relevant department web site addresses. There is reasonable necessity to amend ARM 24.21.421 to reference a draft EEO plan that will be submitted for approval by the U.S. Department of Labor, Office of Apprenticeship. The U.S. Department of Labor requires that the department's apprenticeship rule be updated before final approval by the U.S. Department of Labor, as provided by federal law. There is reasonable necessity to amend these rules to update them with current 29 CFR, Part 30 which is available at https://www.ecfr.gov/cgi-bin/text-idx?SID=aa3a46a8d66797945403b9672a8ba62a&mc=true&tpl=/ecfrbrowse/Title29/29cfr29_main_02.tpl.


            4.  A copy of the draft EEO plan is available electronically at http://apprenticeship.mt.gov/state-eeo-plan. A printed copy of the draft plan is available from Jay Reardon at the address, e-mail, or telephone numbers listed in paragraph 2 of this notice.


            5. An electronic copy of the portions of 29 CFR Part 30, which are proposed to be incorporated by reference, is available at the web address listed in ARM 24.21.202. A printed copy of 29 CFR Part 30 is available from Jay Reardon at the address, e-mail, or telephone numbers listed in paragraph 2 of this notice. 


            6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to:  Jay Reardon, Department of Labor and Industry, P.O. Box 1728, Helena, Montana 59624-1728; fax (406) 444-3037; or e-mail james.reardon@mt.gov, and must be received no later than 5:00 p.m., June 21, 2019.


            7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request, which includes the name and e-mail or mailing address of the person to receive notices, and specifies the particular subject matter or matters regarding which the person wishes to receive notices. Such written request may be mailed or delivered to the Department of Labor and Industry, attention: Mark Cadwallader, 1315 E. Lockey Avenue, P.O. Box 1728, Helena, Montana 59624-1728, faxed to the department at (406) 444-1394, or e-mailed to mcadwallader@mt.gov, or may be made by completing a request form at any rules hearing held by the agency.


            8. An electronic copy of this notice of public hearing is available through the Secretary of State's web site at https://sosmt.gov/arm/. In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.


            9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


            10. Pursuant to 2-4-111, MCA, the department has determined that the rule changes proposed in this notice do not have a significant and direct impact upon small businesses.


            11. The department's Office of Administrative Hearings has been designated to preside over and conduct this hearing.






Mark Cadwallader

Alternate Rule Reviewer


Galen Hollenbaugh, Commissioner



Certified to the Secretary of State May 14, 2019.

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