2011 ORS § 660.120¹
Duties and powers of council and division
  • rules

(1) The State Apprenticeship and Training Council, under the direction of the Apprenticeship and Training Division of the Bureau of Labor and Industries, shall enforce the provisions of ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) in order to carry out the intent and purposes of those provisions. The State Director of Apprenticeship and Training, the division and the council may conduct investigations, issue subpoenas and subpoenas duces tecum, obtain evidence, administer oaths and take testimony in all matters relating to the councils duties and functions as set forth in ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) when the information sought is relevant to a lawful investigative purpose and is reasonable in scope. The council and the division shall adopt rules for gathering information through subpoenas or testimony. The rules must include procedures through which a party may object to providing information. After being served with a subpoena, if a person refuses, without reasonable cause, to be examined, to answer any question or to produce any document or other thing as required by the subpoena, the director, the division or the council may petition the circuit court in the county in which the investigation is pending for an order directing the person to show cause why the person has not complied with the subpoena and should not be held in contempt. The director, division or council shall serve the courts order upon the person in the manner provided by ORCP 55 D. If the person fails to show cause for the noncompliance, the court shall order the person to comply with the subpoena within such time as the court shall direct and may hold the person in contempt.

(2) The division, on behalf of the council, may bring suit in a court of proper jurisdiction in the name of the Bureau of Labor and Industries, or in the name of an apprentice on behalf of the apprentice, through the district attorney or the Attorney General.

(3) The council and the division may adopt rules that are reasonably necessary to enforce and administer ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents). In adopting the rules, the council and the division shall comply with ORS chapter 183. In addition, if the council and the division find that it would be impractical for a number or all of the local joint committees in the state to develop criteria concerning a particular matter, the council and the division may adopt rules on the matter. The rules shall govern on that matter except to the extent that a local joint committees approved standards contain exceptions.

(4) The council and the division also shall:

(a) Establish policy of the program so as to encourage the promotion, expansion and improvement of programs of apprenticeship and training;

(b) Approve and register program standards and modifications to program standards that are submitted by appropriate local joint committees as provided in ORS 660.126 (Apprenticeship standards), if the standards and modifications are in substantial conformity with the statewide standards approved under ORS 660.155 (State joint committees);

(c) Establish committees and approve nominations of members and alternates to local joint committees and state joint committees to ensure balanced representation of employer and employee groups;

(d) Deregister standards and terminate entire programs, and remove any or all members of any committee, for inactivity or inadequate activity, or for failure to abide by the provisions of ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) or by the rules and policies of the council and the division;

(e) Cooperate with interested state and federal agencies, including the Department of Education, the State Workforce Investment Board and other providers of related training and curriculum such as community college districts, community college service districts, education service districts and recognized industry programs; and

(f) Perform such other functions and duties as are necessary or appropriate to carry out the purposes of ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents).

(5) The council shall hold at least four regular public meetings each year. Executive sessions shall be held on call of the chairperson, or at the written request of a majority of the members of the council. [Amended by 1955 c.719 §7; 1957 c.270 §7; 1967 c.6 §13; 1971 c.271 §2; 1975 c.605 §32; 1981 c.764 §6; 2007 c.277 §5; 2011 c.140 §5]