reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 32 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL AREADESIGNATION PROCEDURE › Section 11.2.32.9 - LOCAL AREA DESIGNATION PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. At any time, CEOs from local areas, the
				state board, any unit of general local government, or the governor may propose
				or request a local area designation. A request is initiated by filing a written
				request to DWS, the state administrative entity (SAE) authorized by the
				governor to implement Title I of WIOA.
B. Requests for local workforce development
				area designations must be sent in writing to the department of workforce
				solutions at 401 Broadway NE, Albuquerque, NM 87102, to the attention of the
				cabinet secretary.
C. Requests must
				be received by the governor through DWS no later than October 1 of the year
				previous to the program year the designation would be in effect. A program year
				(PY) is from July 1 through June 30. (i.e PY 2018 is July 1, 2018 through June
				30, 2019)
D. The full request for
				the designation as a local workforce development area must:
(1) Address the following questions:
(a) Is the proposed designation consistent
				with labor market areas in the state; and
(b) Is the proposed designation consistent
				with regional economic development areas in the state; and
(c) Are there available federal and
				non-federal resources, including appropriate education and training
				institutions, to effectively administer activities pursuant the youth, adult
				and dislocated worker programs under Title I of WIOA.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 32 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL AREADESIGNATION PROCEDURE › Section 11.2.32.10 - APPEAL PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Any changes to existing local area designation by the state
				  board may be appealed to the governor through DWS.
A. Appeals must be sent in writing to the
				department of workforce solutions, 401 Broadway NE, Albuquerque, NM 87102, to
				the cabinet secretary's attention.
B. The appeal must be filed within 14
				calendar days after notification of the decision.
C. The appeal must contain a specific
				statement of the grounds upon which the appeal is sought.
D. The state board will have 60 days from the
				date the appeal is received to hold a public hearing to allow for comments and
				objections concerning the request
E. The state board will review the record,
				including public comments, and will submit a recommendation to the governor
				within 25 business days of the hearing. The final decision rests with the
				governor.
F. If the decision of the
				appeal changes the designation, the changes will become effective on July 1stof
				the following year.
G. If a
				decision on appeal is not rendered in a timely manner, or if the appeal does
				not result in designation, the entity may request review by the US Secretary of
				Labor, under the procedures set forth in
				20
				CFR 667.640(a).
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 9-5B-l et-seq. NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 16, 2024 unless a later date is cited at the end of a section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures and standards for the administration of the Youth Conservation Corps (YCC) program.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"In-kind contribution"
means a non-monetary donation of goods or services provided by the project sponsor for the purpose of carrying out a program.
B.
"Permanent capital improvement"
means a durable upgrade, adaptation, or enhancement of a property.
C.
"Rural"
means locations that lie outside the limits of any municipality or unincorporated city, town or village.
D.
"Under-resourced"
means lacking sufficient resources, including, but not limited to funds, opportunity, work force, knowledge base, support systems, physical aids, communication devices, and other physical assets that limit access to job training and outdoor recreation.
E.
"Urban"
means locations within incorporated municipalities.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.8 - PROJECT PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. At least annually, the Commission will request proposals for YCC projects. The Commission's announcement will include where to obtain proposal information and the date by which proposals must be submitted.
B. The Commission may reach out directly to state agencies, and state agencies may reach out directly to the Commission to create cooperative multi-year agreements for funding YCC projects. The Commission shall prioritize funding state agencies with missions that involve conservation work on public land, do not have funding for youth projects and lack authority to hire seasonal employees designated as corps members.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.9 - EVALUATION OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Commission shall adopt a competitive evaluation process to guide the allocation of funds.
B. The Commission shall oversee the review and evaluation of all proposals to determine the proposal's conformance with the goals of the programs as described in the act and 11.2.171 NMAC, Sections 12, 13 14, and 15.
C. The Commission shall take appropriate measures to ensure the evaluation process is not influenced by donors to the youth conservation corps or conflicts of interest. This may include, but is not limited to, appointing an external review committee and concealing the identity of applicants during the review process.
D. The Commission will distribute funds equitably among qualified projects that variously engage indigenous, rural, urban and under-resourced populations.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.10 - AWARD AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Successful applicants shall enter into a formal agreement with the Commission for the expenditure of awarded funds.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.11 - FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Commission may establish limitations on the availability and use of program funds. Any limitations shall be defined in the current application package.
B. The Commission may limit the amount of funding available for any element(s) of a program.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.12 - YCC PROJECT ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The YCC Commission will accept proposal applications from:
(1) A federally recognized sovereign tribal government within the state.
(2) A state agency.
(3) Local units of government include but are not limited to: counties, municipalities, villages, cities, towns, land grants, soil and water conservation districts (SWCDs), community acequia/ditch associations, school districts, public universities and colleges, and charter schools.
(4) A federal agency operating within the state.
(5) A non-profit organization with a 501(c) internal revenue service designation operating within the state.
(6) Any organization or agency with a 501(c) fiscal sponsor.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.13 - PROHIBITED ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The following activities are prohibited in the conduct of any YCC project:
A. the displacement or substitution of an existing employee by a corps member or the replacement of a seasonal employee normally hired by the project sponsor;
B. the participation by corps members in the removal or cleaning up of any toxic or hazardous waste or toxic or hazardous waste site; and
C. the assignment of corps members to general work activities such as, but not limited to, routine lawn mowing, routine litter control, janitorial duties and clerical tasks, except as necessary to contribute to or prepare a site for project activities; and
D. funding permanent capital improvements on privately owned property.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.14 - YCC PROJECT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Projects shall employ and manage a minimum of five corps members. The project sponsor may, at their own discretion, designate Corps members in leadership or mentoring roles.
B. Wages, employer contributions to FICA/Medicare, unemployment insurance and workers' compensation insurance for corps members shall account for a minimum of seventy percent of the total funds requested.
C. Project sponsors shall ensure that all project sites and practices conform to applicable state and federal health and safety standards and requirements.
D. Project sponsors shall have worker's compensation and unemployment insurance in place for the duration of the project.
E. Project sponsors shall specify whether their project primarily engages indigenous, rural, urban or under-resourced populations.
F. Project sponsors must provide an education and training program to corps members for the duration of the project. The number of hours of training provided for each corps member shall be no less than ten percent of the total hours budgeted per corps member for the entirety of the project.
G. Project sponsors shall match a minimum of ten percent of total funds requested with in-kind or cash contributions.
H. Project sponsors shall provide proof they have obtained permission from all landowners or managers where the project shall take place.
I. Project sponsors shall provide proof of adequate insurance coverage for any liability arising out of program activities for the duration of the program.
J. Project sponsors shall provide proof of necessary environmental, cultural, and tribal permits and consultation.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.15 - YCC PROJECT LOCATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Projects may be undertaken on:
A. public lands, waters and structures within the state; or federally recognized tribal lands, waters and structures within the state that
(1) are under the jurisdiction, owned or administered by the project sponsor; or
(2) are accessible to the project sponsor in accordance with a written agreement between the project sponsor and the agency or entity that owns, administers or has jurisdiction over of the public or tribal property; and
(3) there is a demonstrated community benefit of lasting value as a result of the project.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.16 - YCC CORPS MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Recruitment, selection, compensation, supervision, development and dismissal of corps members will be the responsibility of the project sponsors.
B. Project sponsors shall, at their own expense, comply with all applicable laws, regulations, rules ordinances, and requirements of local, state, and federal authorities, including but not limited to those pertaining to equal opportunity employment, workers compensation benefits, fair labor standards, and child labor laws.
C. Sponsors shall verify corps members meet the following eligibility requirements at the time of enrollment and keep records of such:
(1) are unemployed at the time of hire;
(2) are New Mexico residents consistent with 18.19.5 NMAC;
(3) are between the ages of 14 and 25 at the time of hire;
(4) have a work permit if under the age of 16; and
(5) are not the children, siblings or spouse of the project sponsor's hiring officer or project supervisor.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 171 - THE YOUTH CONSERVATION CORPS (YCC) PROGRAM › Section 11.2.171.17 - YCC EDUCATIONAL TUITION VOUCHERS AND ADDITIONAL CASH COMPENSATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. On completion of employment with the YCC, a corps member who has 12 full months (48 weeks) of employment as a corps member during a period not to exceed 48 months, and who has received satisfactory evaluations throughout their employment, may receive a one-time $500.00 additional cash compensation or a $1500.00 educational tuition voucher from the Commission.
B. A corps member who receives satisfactory employment evaluations and has completed a minimum of 32 weeks employment but less than 12 months (48 weeks) in a four-year period due to circumstances beyond the corps member's control as determined by the Commission may apply for or receive a pro-rated cash compensation or educational tuition voucher.
C. The YCC staff shall certify that the corps member was employed for the duration of the project.
D. The educational voucher is good for reimbursement of expenses at a New Mexico institution of higher education, including accredited universities, colleges, community colleges, vocational schools and on-line education associated with an accredited New Mexico institution of higher education.
(1) The educational tuition voucher is valid for two years and will be reimbursed upon presentation of receipts and proof of payment to YCC staff.
(a) Examples of reimbursable expenses include educational expenses such as tuition, software, computers, textbooks, room & board at the educational institution, and classroom and lab supplies.
(b) Examples of non-reimbursable expenses include personal expenses, transportation not required by course requirements, residential rent for off-campus housing, and food.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 100 - GENERAL PROVISIONS › Section 11.3.100.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions, , P.O. Box
				  1928, Albuquerque, NM 87103
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 100 - GENERAL PROVISIONS › Section 11.3.100.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  51-1-1 to
				  51-1-59.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 100 - GENERAL PROVISIONS › Section 11.3.100.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To explain the general New Mexico department of workforce
				  solutions rules and regulations addressing the Unemployment Compensation
				  Law.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 100 - GENERAL PROVISIONS › Section 11.3.100.101 - FILING DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Any report, response or other document required to be filed
				  by the Unemployment Compensation Law or these rules, and any appeal, notice or
				  other pleading required to be filed with the department shall be deemed filed
				  on the date it is received by the department or, if mailed, as of the date of
				  the postmark on the envelope. If it is postmarked at or prior to the deadline,
				  it will be deemed filed timely if received by the department within a
				  reasonable period of time. Unless otherwise specified by law or rules any
				  report, response document or appeal that is mailed but has no postmark date
				  shall be considered timely if, on the basis of customary mail practice and the
				  actual date of delivery, it may be presumed to have been mailed within the
				  specified time period. If the final day for a report, response document or
				  appeal falls on a date when the department offices are closed, receipt on the
				  first business day thereafter shall be considered timely.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 100 - GENERAL PROVISIONS › Section 11.3.100.102 - VALUATION OF IN KIND COMPENSATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a claimant receives any wages in a
				medium other than cash, the reasonable cash value of any compensation other
				than cash shall be deemed for all purposes of the Unemployment Compensation Law
				to be either:
(1) the amount agreed upon
				between the employing unit and the claimant if the terms of the agreement are
				reported to the department and the department agrees that such agreed amount or
				value is reasonable; or
(2) the
				cash value as shown to the satisfaction of the department.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 100 - GENERAL PROVISIONS › Section 11.3.100.103 - AFFIRMATIONS UNDER PENALTY OF PERJURY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All information and statements required of
				an individual by the department in furtherance of the department's duties are
				deemed material.
B. All submissions
				to the department of information and statements are deemed made as an
				affirmation or oath under penalty of perjury pursuant to NMSA 1978, Sections
				14-13-2
				and
				30-25-1.
C. All signatures or affirmations requests on
				department forms whether paper, electronic or voice submission shall carry the
				warning in substantially the following format: "I solemnly, sincerely and truly
				declare and affirm that the statements made herein and the information supplied
				by me are true and correct, with no material omissions, and I do so under the
				pains and penalties of perjury."
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 100 - GENERAL PROVISIONS › Section 11.3.100.104 - DE MINIMIS AMOUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Money owed by the department to individuals or entities which amounts are equal
				to or less than the combined total amount of $5.00 in any quarter shall be
				retained on the department's books as a credit to that individual, entity or
				account, but no check or payment shall be issued absence a specific request by
				the party to whom the credit is due.
B. Money owed by individuals or entities to
				the department which amounts are equal to or less than the combined total
				amount of $20.00 will not be billed or invoiced or liens issued, but the
				amounts due shall be retained on the department's books as a debit owing by
				that individual, entity or account.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 100 - GENERAL PROVISIONS › Section 11.3.100.105 - VERIFICATION OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department requires employers, employing units and claimants to provide their
				federal tax identification numbers or social security numbers as a means of
				verifying identity and eligibility for benefits under the Unemployment
				Compensation Law. The department may verify all information submitted by
				employers, employing units and claimants with that in the possession of other
				state and federal agencies.
B. An
				employer or employing unit's failure or refusal to provide the required numbers
				will result in enforcement action.
C. A claimant's failure or refusal to provide
				the required numbers will result in a denial of benefits.
D. The provision of a false identification
				number or a false social number by any employers, employing units or claimants
				may result in criminal liability.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 100 - GENERAL PROVISIONS › Section 11.3.100.107 - WEBSITE

Current through Register Vol. 35, No. 13, July 16, 2024
A. For the
				convenience of the department, its employees, its customers and the general
				public, the department operates and maintains one or more websites to provide a
				portal to services offered by the department. The website contains original
				material pages and material developed by the department as well as commercially
				prepared software systems acquired to provide access to services that support
				the Workforce Innovation Opportunities Act and the department's mission. The
				department website also features links to the websites of other providers who
				also offer services that are related or complementary to the services offered
				by the department.
B. Binding
				agreement: Use of the department's website constitutes acceptance as a contract
				of the published terms and conditions as provided in this rule and as published
				on the website from time to time.
C. General disclaimer: The department shall
				attempt to ensure that the information on the website is accurate by
				continuously updating the information. The department does not warrant or
				guarantee that the information is free from error. The website is a work in
				progress, under constant development in order to better serve the website
				users. The department accepts no liability for any loss or damage, direct,
				indirect, consequential or otherwise, incurred in the reliance on the material,
				information or programs provided on the website.
D. Public information: Information on the
				website is public information pursuant to the Public Records Act, Sections
				14-2-1
				through
				14-2-12
				NMSA 1978.
E. Property of the
				department: All the material, information or programs on the department website
				are the property of the department unless otherwise specified. The material,
				information or programs on the department website:
(1) are provided as a public service for
				informational and educational purposes only.
(2) are not intended as legal advice of any
				kind.
(3) may be used only for the
				purpose of gaining general information or for nonprofit purposes.
(4) is for public use and may be duplicated
				and disseminated for non-commercial purposes so long as not subject to
				another's copyright; any such duplication or dissemination must be accompanied
				by a citation acknowledging the department as the source of the information and
				the department's copyright and trademark notices;
(5) may not be used for commercial purposes
				of any kind without the written permission of a division director or higher
				officer of the department except that employment listings may be used by
				individual website users for obtaining employment.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 100 - GENERAL PROVISIONS › Section 11.3.100.109 - ELECTRONIC TRANSACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Official communications with the department shall contain all material
				customarily found on paper forms.
B. Electronic forms and records used by the
				department shall clearly indicate the purpose of the form, instructions for
				completion and submission electronically, information on receiving assistance
				by telephone or e-mail, require the submission of a valid e-mail address,
				telephone number or United States postal service address at which the sender
				can be contacted regarding the information submitted and the purpose underlying
				the submission of the information.
C. A person choosing to communicate with the
				department electronically bears the responsibility of ensuring that the
				information submitted and the methods by which the person can be contacted are
				accurate. The recipient must notify the department in the event of an address
				change.
D. If electronic
				correspondence is elected, the recipient will not receive correspondence by US
				mail. It is the recipient's obligation to exercise due diligence in checking
				the email of record and to frequently log into the online account to obtain any
				correspondence.
E. The use of a
				person's name, identifying information, username and password or PIN in
				electronic and other communications with the department is deemed a signature
				for all legal purposes.
F. Persons
				using a means of electronic communication shall be advised that the submission
				of the information using the identifier is deemed a binding
				signature.
G. Use of electronic
				notification constitutes reasonable and proper notice for all purposes, laws,
				rules and regulations.
H. Employers
				shall submit all quarterly wage reports to the Department electronically using
				their online accounts, unless the Department has granted an express, written
				exception.
I. Third party
				administrators shall remit all quarterly wage contributions, payments, and fact
				finding responses electronically.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 200 - PROCEDURES AND REQUIREMENTS REGARDING PROMULGATION OF RULES AND REGULATIONS › Section 11.3.200.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions, Employment
				  Security Division, P.O. Box 1928, Albuquerque, NM 87103
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 200 - PROCEDURES AND REQUIREMENTS REGARDING PROMULGATION OF RULES AND REGULATIONS › Section 11.3.200.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  51-1-1 to
				  51-1-59.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 200 - PROCEDURES AND REQUIREMENTS REGARDING PROMULGATION OF RULES AND REGULATIONS › Section 11.3.200.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 15, 1998, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 200 - PROCEDURES AND REQUIREMENTS REGARDING PROMULGATION OF RULES AND REGULATIONS › Section 11.3.200.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To explain the procedures and requirements governing
				  promulgation, adoption, amendment and appeal of rules and regulations for the
				  New Mexico department of workforce solutions employment security
				  division.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 200 - PROCEDURES AND REQUIREMENTS REGARDING PROMULGATION OF RULES AND REGULATIONS › Section 11.3.200.201 - NOTICE REGARDING PROMULGATION OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to the adoption, amendment or repeal
				of any rule or regulation, the secretary shall:
(1) publish one notice of its proposed action
				at least thirty days prior thereto in the New Mexico register and on the
				department's website;
(2) notify
				any person or group filing a written request, the request to be renewed yearly,
				for notice of any proposed action that may affect that person or group,
				notification being by mail to the last known address of the person or group at
				least thirty days prior to the proposed action.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 200 - PROCEDURES AND REQUIREMENTS REGARDING PROMULGATION OF RULES AND REGULATIONS › Section 11.3.200.202 - SUBMISSION BY INTERESTED PERSONS

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to the adoption, amendment or repeal of any rule or
				  regulation, the secretary shall conduct a public hearing and afford all
				  interested persons a reasonable opportunity to submit data, views and arguments
				  orally or in writing concerning the proposed action; however, if the secretary
				  finds that oral presentation is unnecessary or impracticable, the secretary may
				  require submission to be made in writing.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 200 - PROCEDURES AND REQUIREMENTS REGARDING PROMULGATION OF RULES AND REGULATIONS › Section 11.3.200.203 - CONSIDERATION AND ADOPTION BY SECRETARY

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary shall consider fully all written and oral
				  submissions respecting the proposed regulatory action. All persons attending
				  the public hearing or making oral or written submissions to be considered in
				  connection with the proposed action shall be given a copy of the final rule or
				  regulation upon filing.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 200 - PROCEDURES AND REQUIREMENTS REGARDING PROMULGATION OF RULES AND REGULATIONS › Section 11.3.200.204 - EMERGENCY REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
If the secretary finds that immediate adoption, amendment or
				  suspension of a rule or regulation is necessary for preservation of the public
				  peace, safety or general welfare, the secretary may dispense with the
				  requirements of notice and hearing and adopt, amend or suspend a regulation as
				  an emergency. The secretary's findings and a brief statement of the reasons for
				  its findings shall be incorporated in the emergency rule or regulation,
				  amendment or suspension. If an emergency rule or regulation, amendment or
				  suspension shall remain in effect for longer than sixty days, notice as
				  required in
				  11.3.200.201
				  NMAC shall be given within seven days after the emergency
				  action.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 200 - PROCEDURES AND REQUIREMENTS REGARDING PROMULGATION OF RULES AND REGULATIONS › Section 11.3.200.205 - FILING AND EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary shall file each rule or regulation, amendment
				  or repeal thereof in accordance with the State Rules Act, and each rule or
				  regulation, amendment or repeal shall be effective after it is filed with the
				  state records center and published in the New Mexico register. The secretary
				  shall publish in the New Mexico register, in full or in part, all adopted rule
				  or regulation, amendments or repeals.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 200 - PROCEDURES AND REQUIREMENTS REGARDING PROMULGATION OF RULES AND REGULATIONS › Section 11.3.200.206 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES AND REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any interested
				person may petition the secretary requesting the promulgation, amendment or
				repeal of any rule.
(1) When any person is
				requesting the promulgation of a rule, the individual shall submit a petition
				which sets forth in full the proposed rule and includes all of the reasons for
				the promulgation of the requested rule.
(2) When any person requests the amendment or
				repeal of a rule or portion of a rule presently in effect, the individual shall
				submit a petition which sets forth in full the proposed amendment or repeal and
				includes all of the reasons for the proposed amendment or repeal.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 200 - PROCEDURES AND REQUIREMENTS REGARDING PROMULGATION OF RULES AND REGULATIONS › Section 11.3.200.207 - DECLARATORY RULINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				whose interests, rights or privileges will be significantly affected by any
				provision of the Unemployment Compensation Law or any rule or regulation
				promulgated thereunder may petition the secretary for a declaratory ruling as
				to the applicability of to the law, rule or regulation.
B. Any person requesting a declaratory ruling
				shall submit a petition which sets forth the issues for which a declaratory
				ruling is requested.
C. The
				secretary shall consider the petition and within sixty days after submission of
				a petition notify the petitioner that no declaratory ruling is to be issued; or
				set a reasonable time and place for a public hearing upon the matter and give
				reasonable notification to the petitioner and the public of the time and place
				for such hearing and of the issue involved.
D. If a hearing is conducted, the secretary
				shall, within sixty days after the hearing, issue a declaratory ruling or
				notify the petitioner and the public that no declaratory ruling is to be
				issued.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions, , P.O. Box 1928
				  Albuquerque, NM 87103.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  51-1-1 to
				  51-1-59,
				  NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide clarification of the
				  Unemployment Compensation Law. This rule assists claimants and employers in
				  better understanding how specific sections of the law are administered by the
				  department. The rule also assists claimants and employers to better comply and
				  better understand the department's procedures.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.301 - FILING INITIAL, ADDITIONAL AND REOPENED CLAIMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon filing an initial claim, an
				additional claim, or a reopened claim, the claimant shall be subject to a
				waiting week period before the commencement of benefits begins.
B. Unless otherwise prescribed, any claimant
				wishing to claim benefits shall register for work, file an initial, additional,
				transitional or reopened claim for benefits and provide the name and address of
				their last employer.
C. The date of
				filing of any initial, additional or reopened claim shall be the Sunday of the
				week in which filed. Upon a showing of good cause, any initial claim or
				additional claim may be back-dated to the Sunday of the week immediately
				following the week in which the claimant was separated, and any reopened claim
				may be back-dated up to a maximum of 21 days from the preceding Sunday of the
				date of the request for back-dating. "Good cause," as used in 11.3.300.301
				NMAC, exists when it is established that factors or circumstances beyond the
				reasonable control of the claimant caused the delay in filing. All requests for
				back-dating or post-dating shall include a fact-finding response.
D. Unless otherwise prescribed, all claims
				shall be made online or by phone, giving all information required thereby. A
				claimant shall also separately register for work within 14 calendar days of the
				date the claim is filed. If a claimant is already registered with the
				department from a prior claim, the registration must be reactivated within 14
				days of the date the claim is filed. If a claimant's registration is not
				current with the department, their benefits shall be temporarily withheld until
				they comply unless good cause for the failure to register is shown.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.302 - FILING CONTINUED CLAIMS

Current through Register Vol. 35, No. 13, July 16, 2024
In order to establish and maintain eligibility for benefits a
				  claimant cannot be subject to an administrative penalty pursuant to Subsection
				  C of
				  11.3.300.314
				  NMAC, shall continue to report weekly as directed, and file continued claims
				  for benefits online, by phone, or as otherwise prescribed by the department
				  providing the information setting forth that:.
A. the claimant is continuing their claim for
				benefits;
B. the claimant is
				unemployed or partially unemployed;
C. the claimant has registered for
				reemployment services;
D. since the
				claimant las registered for reemployment services, the claimant has not
				performed services or earned wages, except as indicated;
E. claimant is able to work, available for
				work, and actively seeking work; and
F. the claimant shall provide to the
				department their most current mailing or email address. It is the claimant's
				responsibility to maintain a current address with the department.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.303 - TIMELY RESPONSE TO REQUEST FOR INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any response to a request for information
				from the department must be received by the department within 10 calendar days
				from the date transmitted. Responses to requests for additional information
				must be received within two business days from the date of
				transmission.
B. The 10 calendar
				day period shall begin to run on the first day after the date the request was
				transmitted to the claimant or to the employer. If the tenth calendar day falls
				on a date when the department offices are closed, receipt on the first business
				day thereafter shall be timely. If a response is not received timely, the
				department will make a determination based on the information available at that
				time.
C. Employers and third party
				administrators must respond to request for additional information
				electronically.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.304 - LATE FILING OF CONTINUED CLAIMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the department finds good cause for a
				claimant's failure to timely file a continued claim, the claimant may file a
				late continued claim provided the certification is filed within 14 days of the
				last day of the week requiring certification.
B. A certification not processed due to a
				department request for additional information from the claimant shall be
				considered timely if the requested information is received by the department no
				later than 10 calendar days after the request for additional information is
				transmitted to the claimant.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.305 - ALTERNATE BASE PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Application of alternate base period: If a claimant is determined ineligible
				because the claimant does not have sufficient wages during the base period to
				qualify for benefits and is not eligible for a regular claim in any other state
				or a combination of states and the claimant's work history reflects that the
				claimant may qualify using the alternate base period, the department will
				utilize the "alternate base period" to determine if the claimant is eligible
				for benefits. If the department applies the "alternate base period" and the
				wages for the most recent quarter have not yet been reported by the employer or
				processed by the department, the claimant will be required to provide proof of
				wages consisting of payroll checks ("check stubs)", W-2s or an appropriate
				affidavit. If the employer's reported wages are available for the most recent
				quarter, proof is not required from the claimant. On its own initiative and
				within its own discretion, if and when the department receives new or
				additional information regarding wages, it may initiate a reconsideration of
				the regular base period.
B. Effect
				of election: Wages that fall within the regular base period or the alternate
				base period established pursuant to 11.3.300.305 NMAC are not available for
				reuse in qualifying for a subsequent benefit year.
C. Procedure:
(1) Upon receipt of the claimant's
				documentary evidence of wages within the timeframe required, wages will be
				processed by the department and used on the claim.
(2) Upon processing of the most recent
				quarter's wages, a "notice of initial determination of benefits" will be issued
				utilizing the wage information provided by the claimant for the alternate base
				period.
(3) If the claimant fails
				to provide documentary evidence of wages within the timeframe required, the
				original "notice of initial determination of benefits" will become
				final.
(4) Employers will be
				notified of the wages used for the alternate base period on the notice to
				employer of claim determination, which may include wages based upon proof
				provided by the claimant. The employer will have 10 calendar days from date of
				transmission of determination to provide the actual wages or to object to the
				wages being used on the claim, and may also protest charges based upon the
				reason for separation pursuant to Subsections A and C of
				11.3.500.8
				NMAC.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.309 - BENEFITS FOR PARTIAL UNEMPLOYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. PARTIALLY UNEMPLOYED CLAIMANTS: Claimants
				are partially unemployed in any week in which their usual full-time employment
				is reduced to less than the normal full-time hours customarily scheduled and
				prevailing in the establishment in which they are employed, and their wages
				fall below their weekly benefit amount, due to the employer having less than
				full-time work for them. For partially unemployed claimants whose wages are
				paid on a weekly basis, a week of partial unemployment shall consist of their
				pay period week, a calendar week or some other period designated by the
				department.
B. NOTICE OF REDUCED
				EMPLOYMENT: On the next payday after any week for which an employee's work has
				been reduced by the employer to less than 32 hours, their employer shall notify
				them that they may file a claim by contacting the department for a week of
				partial unemployment. If the employer fails to notify the employees of their
				rights under the law regarding reduced employment, the employees may file for
				benefits at any time. Once the employees have received notice from the
				employer, they may be denied benefits if they have earned five times the weekly
				benefit amount after notification.
C. EMPLOYER RECORDS IN CONNECTION WITH
				PARTIAL UNEMPLOYMENT: In addition to the requirements set forth in
				11.3.400.401
				NMAC, all employers shall keep their payroll records in such form that it would
				be possible from an inspection thereof to determine which employees may be
				eligible for partial benefits to include:
(1)
				wages earned by weeks as described in Subsection A of 11.3.300.309
				NMAC;
(2) whether any week was in
				fact a week of less than full-time work; and
(3) time lost, if any, by workers due to
				their unavailability for work.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.310 - INTERSTATE CLAIMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. REGISTRATION
				FOR WORK:
(1) Each interstate claimant shall
				be registered for work, through any public employment office in the agent state
				when and as required by the law, regulations, rules, policies and procedures of
				the agent state. The registration shall be accepted as meeting the registration
				requirements of the liable state.
(2) Each agent state shall report to the
				liable state whether each interstate claimant meets the registration
				requirements of the agent state.