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, § 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.
Notes
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