HAR §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 therof, 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 g:r:ades, and previous work experience. Where interviews are used, ·adequate records · shall be kept, including a brief summary of each interviei1 and the conclusions on each of the specific factors, e.g., motivation, ambition, and willingness to accept direqtion 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-?(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 o.f 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 go~ls 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. [Eff. 7/30/81] (Auth: HRS §372-5). (Imp: HRS §372-5)