Haw. Code R. § 12-31-7 - Selection on basis of rank from pool of eligible applicants

(a) A sponsor may select apprentices from a pool of eligible applicants created in accordance with the requirements of subsection (e) on the basis of the rank order of scores of applicants on one or more qualification standards where there is a significant statistical relationship between the rank order of scores and performance in the apprenticeship program. In demonstrating such relationship, the sponsor shall follow the procedures set forth in guidelines on employee selection procedures published in title 41, CFR, part 60-3.

(b) The sponsor adopting this method of selecting apprentices shall meet the requirements of subsections (c) through (g).

(c) A pool of eligibles shall be created from applicants who meet the qualifications of minimum legal working age; or from applicants who meet qualification standards in addition to minimum legal working age; provided that any additional qualification standards conform with the following requirements:

(1) The qualification standards, and the procedures for determining such qualification standards, shall be stated in detail and shall provide criteria for the specific factors and attributes to be considered in evaluating applicants for admission to the pool. The score required under each qualification standard for admission to the pool shall also be specified. All qualification standards, and the score required on any standard for admission to the pool, shall be directly related to job performance, as shown by a significant statistical relationship between the score required for admission to the pool, and performance in the apprenticeship program. In demonstrating such relationship, the sponsor shall follow the procedures set forth in title 41, CFR, part 60-3 . Qualifications shall be considered as separately required so that the failure of an applicant to attain the specified score under a single qualification standard shall disqualify the applicant from admission to the pool;

(2) Any qualification standard for admission to the pool consisting of aptitude test scores shall be directly related to job performance., as shown by significant statistical relationships between the score on the aptitude tests required for admission to the pool and performance in the apprenticeship program. In determining such relationship, the sponsor shall follow the procedures set forth in title 41, CFR, part 60-3 . The requirements of this paragraph shall also be applicable to aptitude tests utilized by a program sponsor which are administered by the state employment service, or any other person, agency, or organization engaged in the selection or evaluation of personnel. A national test developed and administered by a national joint apprenticeship committee shall not be approved by the department unless such test meets the requirements of this paragraph;

(3) All educational attainments or achievements as qualifications for admission to the pool shall be directly related to job performance as shown by a significant statistical relationship between the score required for admission to the pool and performance in the apprenticeship program. In demonstrating such relationship, the sponsor shall meet the requirements of title 41, CFR, part 60-3 . School records or a passing grade on the general education development tests recognized by the state board of education or University of Hawaii shall be evidence of educational achievement. Education requirements shall be applied uniformly to all applicants.

(d) Oral interviews shall not be used as a qualification standard for admission into an eligibility pool. However, once an applicants placed in the eligibility pool, and prior to selection for apprenticeship from the pool, the applicant may be required to submit to an oral interview. Oral interviews shall be limited to such objective questions as may be required to determine the fitness of applicants to enter the apprenticeship program, but shall not include questions relating to qualificiations previously determined in gaining entrance to the eligibility pool. When an oral interview is used, each interviewer shall record the questions and the general nature of the applicant's answers, and shall prepare a summary of any conclusions. Each applicant rejected from the pool of eligibles on the basis of an oral interview shall be given a written statement of such rejection, the reasons therefor, and the appeal rights available to the applicant;

(e) All applicants who meet the requirements for admission shall be notified and placed in the eligibility pool. The program sponsor shall give each rejected applicant who is not selected for the pool or the program a notice of rejection, including the reasons for the rejection, the requirements for admission to the pool of eligibles, and the appeal rights available to the applicant;

(f) The sponsor shall establish, where required by section 12-31-5, percentage goals and timetables for the admission of minorities and women into the pool of eligibles in accordance with the provisions of that section;

(g) A sponsor shall be deemed to be in compliance with its commitments under subsection (f) if it meets its goals or timetables or if it makes good faith efforts to meet these goals and timetables. In the event of the failure of the sponsor to meet its goals and timetables, it shall be given an opportunity to demonstrate that it has made every "good faith effort" to meet its commitments. All the actions of the sponsor shall be reviewed and evaluated in determining whether such good faith efforts have been made.

Notes

Haw. Code R. § 12-31-7

[Eff. 7/30/81] (Auth: HRS § 372-5) (Imp: HRS § 372-5)