New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.20 - METHOD OF RECOGNITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				policy: Recognition is a means of publicly acknowledging apprenticeship
				programs that are considered to have met the fundamentals of apprenticeship.
				Recognition may be accorded to New Mexico apprenticeship programs by the
				department, by registration, when they have met the fundamentals of
				apprenticeship, and as detailed below. The director of apprenticeship shall
				notify programs of registration or denial, with the stated reason of denial
				within five working days of said action.
B. Eligibility and procedure for registration
				of an apprenticeship program:
(1) Eligibility
				for registration of an apprenticeship program is conditioned upon a program's
				conformity with the apprenticeship program standards published in this part.
				For a program to be determined by the department as being in conformity with
				these published standards, the program must apply for registration and be
				registered with the department. The determination that the program meets the
				apprenticeship program standards is effectuated only through such
				registration.
(2) Only an
				apprenticeship program or agreement that meets the following criteria is
				eligible for department registration:
(a) it
				is in conformity with the requirements of this part and the training is in an
				apprenticeable occupation having the characteristics set forth in
				11.2.3.22
				NMAC and
(b) it is in conformity
				with the requirements of the equal employment opportunity in apprenticeship
				state plan, 11.2.2 NMAC.
(3) Except as provided under Paragraph (4) of
				this subsection, apprentices must be individually registered under a registered
				program. Such individual registration may be accomplished by filing copies of
				each individual apprenticeship agreement with the department:
(a) by filing copies of each individual
				apprenticeship agreement with the department or;
(b) subject to prior department approval, by
				filing a master copy of such agreement followed by a listing of the name, and
				other required data, of each individual when apprenticed.
(4) The names of persons in probationary
				employment as an apprentice under an apprenticeship program registered by the
				department, if not individually registered under such program, must be
				submitted within 45 days of employment to the department for certification to
				establish the apprentice as eligible for such probationary
				employment.
(5) The department must
				be notified within 45 days of all individuals who have successfully completed
				apprenticeship programs. The department must also be notified and provided a
				statement of the reasons within 45 days of all apprentice actions; i.e.,
				registrations, holds, advancements, cancellations, completions, or
				transfers.
(6) Operating
				apprenticeship programs when approved by the department are accorded
				registration by a certificate of registration or other written
				indicia.
(7) Applications for new
				programs that the department determines meet the required standards for program
				registration shall be given provisional approval for a period of one year. The
				department must review all new programs for quality and for conformity with the
				requirements of this part at the end of the first year after registration and
				make a determination that:
(a) a program that
				conforms with the requirements of this part shall be made permanent or shall
				continue to be provisionally approved through the first full training
				cycle;
(b) a program that is not in
				operation or does not conform to the regulations during the provisional
				approval period shall be recommended for deregistration procedures.
(8) The department shall review
				all programs for quality and for conformity with the requirements of 11.2.3
				NMAC at the end of the first full training cycle. A satisfactory review of a
				provisionally approved program shall result in conversion of provisional
				approval to permanent registration. Subsequent reviews shall be conducted no
				less frequently than every five years. Programs that are not in operation or
				not conforming to the regulations shall be recommended for deregistration
				procedures.
(9) Any sponsor
				proposals or applications for modification(s) or change(s) to registered
				programs must be submitted to the department. The registration agency must make
				a determination on whether to approve such submissions within 90 days from the
				date of receipt. If approved, the modification(s) or change(s) will be recorded
				and acknowledged within 90 days of approval as an amendment to such program. If
				not approved, the sponsor shall be notified of the reasons for the disapproval
				and provided the appropriate technical assistance.
(10) Under a program proposed for
				registration by an employer or employers' association, where the standards,
				collective bargaining agreement or other instrument provides for participation
				by a union in any manner in the operation of the substantive matters of the
				apprenticeship program, and such participation is exercised, written
				acknowledgement of the union agreement or no objection to the registration is
				required. Where no such participation is evidenced and practiced, the employer
				or employers' association shall simultaneously furnish to an existing union,
				which is the collective bargaining agent of the employees to be trained, a copy
				of its application for registration and of the apprenticeship program. The
				department shall provide for receipt of union comments, if any, within 45 days
				before final action on the application for registration and approval.
(11) Where the employees to be trained have
				no collective bargaining agreement, an apprenticeship program may be proposed
				for registration by an employer or group of employers, or an employers'
				association.