Haw. Code R. § 12-31-10 - Alternative selection methods
(a) A sponsor may
select apprentices by means of any other method, including its present
selection method, provided that the sponsor meets the following requirements:
(1) The sponsor shall complete development of
the revised selection method it proposes to use along with the rest of its
written affirmative action program including, where required by section
12-31-5:
(A) Its percentage goals and
timetables for the selection of minority or female applicants, or both, for
apprenticeship; and
(B) Its written
'analysis, upon which such goals and timetables, or lack ther of, are
based.
(C) The establishment of
goals and timetables shall be in accordance with the provisions of section
12-31-5. The sponsor shall not implement any such selection method until the
department has approved the selection method as meeting the requirements of
this chapter and has approved the remainder of its affirmative action program
including its goals and timetables. If the department fails to act upon the
selection method and the affirmative action program within thirty days of its
submission, the sponsor then may implement the selection
method.
(2) Apprentices
shall be selected on the basis of objective and specific qualification
standards. Examples of sueµ standards are fair aptitude tests, school
diplomas or equivalent, occupationally essential health requirements, fair
interviews, school grades, and previous work experience. Where interviews are
used, adequate records shall be kept, including a brief summary of each
interview and the conclusions on each of the specific factors, e.g.,
motivation, ambition, and willingness to accept direction which are part of the
total judgement. In applying any such standards, the sponsor shall meet the
requirements of title 41, CFR, part 60-3.
(b) Determination as to the sponsor's
compliance with its obligations under this chapter shall be in accordance with
the provisions of section 12-31-7 (g). Where a sponsor, despite its good faith
efforts, fails to meet its goals and timetables within a reasonable period of
time, the sponsor may be required to make appropriate changes in-its
affirmative action programs to the extent necessary to obtain maximum
effectiveness toward the attainment of its goals. The sponsor may also be
required to develop and adopt an alternative selection method, including a
method prescribed by the department, where it is determined that the failure of
the sponsor to meet its goals is attributable in substantial part to the
selection method. Where the sponsor's failure to meet its goals is attributable
in substantial part to its use of a qualification standard which has adversely
affected the opportunities of minorities or women, or both, for apprenticeship,
the sponsor may be required to demonstrate that such qualification standard is
directly related to job performance, in accordance with the provisions of
section 12-31-7 (c) (1) or this subsection.
Notes
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