Section 680.40  Reduction or Waiver of the Apprenticeship Goal

a)         Before or during the term of a contract or Grant Agreement, the Department may reduce or waive the Apprenticeship Goal, as described in subsection (d).

1)         To obtain a reduction or waiver in the Apprenticeship Goal, the applicant, grantee or contractor shall submit a waiver request form to the Department and the agency administering the contract or grant.  Requests for a reduction or waiver of the Apprenticeship Goal shall be submitted to the Department and the agency administering the contract or grant as soon as practicable after discovering the existence of one or more factors set forth in subsection (b).  The request form will be available on the Department's website.

2)         Upon receipt of the waiver request, the Department and/or the Agency may request additional information from the applicant, grantee or contractor.

b)         Prior to the Department granting a request for a reduction or waiver, and within 15 days after the Department's receipt of a request for a reduction or waiver, the Department shall determine, in its discretion, whether to hold a public hearing on the request.  In determining whether to hold a public hearing, the Department may consider factors, including, but not limited to:

1)         the scale of the project;

2)         whether the applicant, grantee, contractor or subcontractor seeking the reduction or waiver has previously requested reductions or waivers on other projects; and

3)         the value of, and frequency of, grant awards and contracts previously received from the State by the applicant, grantee, contractor or subcontractor.

c)         If the Department decides to hold a public hearing, it must publish a hearing notice as soon as is practicable following its decision and hold the hearing at least 15 days, but no more than 30 days, after receipt of the reduction or waiver request.

d)         The Department will grant a reduction or waiver upon a determination that:

1)         the applicant, grantee, contractor or subcontractor has demonstrated that insufficient apprentices are available;

2)         the reasonable and necessary requirements of the contract or grant do not allow the goal to be met;

3)         there is a disproportionately high ratio of material costs to labor hours that makes meeting the goal infeasible;

4)         apprentice labor hour goals conflict with existing requirements, including federal requirements, in connection with the public work; or

5)         the contractor or subcontractor has demonstrated that insufficient graduates of the Illinois Works Pre-apprenticeship Program, the Illinois Climate Work Pre-apprenticeship Program, or the Highway Construction Careers Training Program are available to meet the requirements of Section 680.30(c).  Examples of establishing insufficient availability of graduates include, but are not limited to, providing a letter from a USDOL registered apprenticeship program that indicates that the program does not have graduates of the Illinois Works Preapprenticeship Program, or that those graduates are not available; a letter from the Department stating that there are no graduates available; or a letter from the contractor stating that even if graduates are available, they are not able to sponsor the graduates into a USDOL registered apprenticeship program for contractual reasons and provide supporting documentation.

e)         The Department may also consult with the Business Enterprise Council under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the Chief Procurement Officer of the agency administering the public works contract.  [30 ILCS 559/20-20(b)]

f)         The 10% apprenticeship goal does not apply to contracts or Grant Agreements in existence on the effective date of the Act (June 28, 2019). [30 ILCS 559/20-20(f)]

g)         If the Department does not grant or deny a waiver or reduction request within 45 days after the Department's receipt of a complete waiver or reduction request, then the reduction or waiver request is automatically granted.

h)         When the Department denies a request for a reduction or waiver, it will explain its rationale in writing to the applicant, grantee, contractor, or subcontractor and to the awarding agency.

(Source:  Amended at 49 Ill. Reg. 7298, effective May 7, 2025)