265 CMR 4.02 - Term of Apprenticeship Program, Disputed Terminations

(1) Term. The term of the apprenticeship program shall be a minimum of one year of full time or the equivalent part-time employment under the rules of supervision as specified in M.G.L. c. 112, ยง 198 and 265 CMR 4.00 and shall include instruction through a training program as set out in 265 CMR 4.03. Apprentices who work in excess of the normal work day or week shall nevertheless be required to complete the minimum one year term in order to qualify for a certificate of completion of the apprenticeship program. If the minimum one year full-time or equivalent part time employment hours are not completed, the apprentice registration shall expire 18 months after it is granted. An apprentice registration may be reissued once for a period of 18 months at the discretion of the Board for good cause shown. Such one-time reissuance shall be available if either the minimum one year full time or equivalent part time employment has not been completed or has been completed but the examination has not been passed.
(2) The supervisor shall be responsible for providing supervision until either:
(a) the apprentice obtains a certificate of registration as a hearing instrument specialist from the Board; or
(b) the supervisor or apprentice gives written notification to the Board that he or she is terminating supervision and training.
(3) An apprentice may cancel his or her apprenticeship program at any time during the program, upon written notice to the Board and the employer/supervisor of the termination and its effective date.
(4) Disputed Terminations.
(a) An employer/supervisor may terminate the apprenticeship program of an apprentice whom he or she reasonably determines does not demonstrate aptitude or interest in the practice of a hearing instrument specialist. The supervisor must first notify the Board and the apprentice in writing of his or her intent to terminate the apprentice's participation no less than two weeks before the termination becomes effective. Upon written request to the Board by the apprentice affected, the Board or its designee may hold a conference with the apprentice and the supervisor within one month after the supervisor's notice of the intent to terminate has been received by the Board, unless the supervisor and the apprentice agree to a later date. The date on which the conference is scheduled to be held shall not affect or alter the intended date of termination unless the apprentice and supervisor otherwise agree.
(b) The purpose of the conference described in 265 CMR 4.02(4) is to review and consider on an informal basis the intended termination, in an effort to resolve the disputes or differences, if any, between the supervisor and the apprentice. The conference does not constitute an adjudicatory proceeding as defined in M.G.L. c. 30A. The Board (or its designee) may recommend to the supervisor/employer that he/she continue to employ the apprentice. Neither the Board nor its designee may require that an employer continue to employ an apprentice.


265 CMR 4.02
Amended by Mass Register Issue 1319, eff. 8/12/2016.

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