reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.19 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requirements for individuals filing complaints.
(1)
Who may file:
Any individual
				who believes that he or she has been or is being discriminated against on the
				basis of race, color, religion, national origin, sex, sexual orientation, age
				(40 or older), genetic information, or disability with regard to
				apprenticeship, or who believes he or she has been retaliated against as
				described in11.2.2.22 NMAC, may, personally or through an authorized
				representative, file a written complaint with the department.
(2)
Time period for filing a
				complaint:
Generally, a complaint must be filed within 300 days of the
				alleged discrimination or specified failure to follow the equal opportunity
				standards. However, for good cause shown, the department may extend the filing
				time. The time period for filing is for the administrative convenience of the
				department and does not create a defense for the respondent.
(3)
Contents of the complaint:
Each complaint must be made in writing and must contain the following
				information:
(a) the complainant's name,
				address and telephone number, or other means for contacting the
				complainant;
(b) the identity of
				the respondent (the individual or entity that the complainant alleges is
				responsible for the discrimination);
(c) a short description of the events that
				the complainant believes were discriminatory, including but not limited to when
				the events took place, what occurred, and why complainant believes the actions
				were discriminatory (for example, because of his or her race, color, religion,
				sex, sexual orientation, national origin, age (40 or older), genetic
				information, or disability);
(d)
				the complainant's signature or the signature of the complainant's authorized
				representative.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.20 - ENFORCEMENT ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Where the department, as a result of a compliance review,
				  complaint investigation, or other reason, determines that the sponsor is not
				  operating its apprenticeship program in accordance with this part, the
				  department must notify the sponsor in writing of the specific violation(s)
				  identified and may:
A. offer the
				sponsor technical assistance to promote compliance with this part.
B. suspend the sponsor's right to register
				new apprentices if the sponsor fails to implement a compliance action plan to
				correct the specific violation(s) identified within 30 business days from the
				date the sponsor is so notified of the violation(s), or, if the sponsor submits
				a written response to the findings of noncompliance, fails to implement a
				compliance action plan within 30 days of receiving the department's notice
				upholding its initial noncompliance findings. If the sponsor has not
				implemented a compliance action plan within 30 business days of notification of
				suspension, the department may institute proceedings to deregister the program
				in accordance with the deregistration proceedings set forth in
				11.2.3.28
				NMAC or if the department does not institute such proceedings within 45 days of
				the start of the suspension, the suspension is lifted.
C. Take any other action authorized by law.
				These other actions may include, but are not limited to:
(1) referral to the EEOC;
(2) referral to the department's human rights
				bureau; or
(3) referral to the
				OFCCP.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.21 - REINSTATEMENT OF PROGRAM REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
An apprenticeship program that has been deregistered pursuant
				  to this part may be reinstated by the registration agency upon presentation of
				  adequate evidence that the apprenticeship program is operating in accordance
				  with this part.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.22 - INTIMIDATION AND RETALIATION PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
A. A participant in an apprenticeship program
				may not be intimidated, threatened, coerced, retaliated against, or
				discriminated against because the individual has:
(1) filed a complaint alleging a violation of
				this part;
(2) opposed a practice
				prohibited by the provisions of this part or any other federal or state equal
				opportunity law;
(3) furnished
				information to, or assisted or participated in any manner, in any
				investigation, compliance review, proceeding, or hearing under this part or any
				federal or state equal opportunity law; or
(4) otherwise exercised any rights and
				privileges under the provisions of this part.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.23 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Requests for exemption from these regulations, or any part
				  thereof, shall be made in writing to the department and must contain a
				  statement of reasons supporting the request. Exemptions may be granted for good
				  cause by the department. The department must receive approval to grant an
				  exemption from the administrator prior to granting an exemption from these
				  regulations.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions, as the State
				  Apprenticeship Agency.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All apprenticeship programs, sponsors, and apprentices
				  registered with the New Mexico department of workforce
				  solutions.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  50-7-1 to
				  50-7-4.1,
				  50-7-7 NMSA
				  1978
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 30, 2018 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 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Administrator"
				means the administrator of the office of apprenticeship (OA), or any person
				specifically designated by the administrator.
B. "Apprentice" means a worker at least 16
				years of age, except where a higher minimum age standard is otherwise fixed by
				law, who is employed to learn an apprenticeable occupation as provided in
				11.2.3.22
				NMAC under standards of apprenticeship fulfilling the requirements of
				11.2.3.23
				NMAC.
C. "Apprenticeship agreement"
				means a written agreement, complying with
				11.2.3.27
				NMAC, between an apprentice and either the apprentice's program sponsor, or an
				apprenticeship committee acting as agent for the program sponsor(s), which
				contains the terms and conditions of the employment and training of the
				apprentice.
D. "Apprenticeship
				committee (committee)" means those persons designated by the sponsor to
				administer the program. A committee may be either joint or non-joint, as
				follows:
(1) A joint committee is composed of
				an equal number of representatives of the employer(s) and of the employees
				represented by a bona fide collective bargaining agent(s);
(2) A non-joint committee, which may also be
				known as a unilateral or group non-joint (which may include employees)
				committee, has employer representatives but does not have a bona fide
				collective bargaining agent as a participant.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.8 - DUTIES OF THE DEPARTMENT OF WORKFORCE SOLUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Only the department may seek recognition
				by the OA as an agency which has been properly constituted under an acceptable
				law or executive order, and authorized by the OA to register and oversee
				apprenticeship programs and agreements for federal purposes.
B. The department shall:
(1) have authority to give final approval in
				all areas pertaining to the registration of apprenticeship programs and program
				standards;
(2) maintain a register
				and appropriate records of all apprentices and apprenticeship programs that
				have approval of the department;
(3) review the activities of apprenticeship
				programs;
(4) approve and keep
				record of registered apprentices and apprenticeship agreements;
(5) monitor apprenticeship programs,
				performance standards, and conduct quality assurance assessments and EEO
				compliance reviews;
(6) apply for
				recognition as a registration agency with the OA and maintain national
				requirements as determined in
				29 CFR
				29.13 for recognition as a registration
				agency; the department is subject to derecognition by the OA for failure to
				fulfill or operate inconformity with the requirements of CFR parts 29 and
				30;
(7) serve as the registration
				agency for apprenticeship programs and apprentices;
(8) issue interim credentials to
				apprentices;
(9) issue certificates
				of completion to apprentices;
(10)
				coordinate linkages with the New Mexico workforce investment system;
(11) issue certifications;
(12) issue certificates of
				registration;
(13) be the highest
				authority within the division where complaint appeals can be sent.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.9 - DUTIES OF THE DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director oversees the registration of apprenticeship programs, apprentices, and
				all activities associated with the department.
B. The director shall:
(1) encourage apprenticeship training through
				personal contact with individual employers and labor organizations;
(2) act as liaison and shall coordinate, and
				cooperate with other state and federal agencies;
(3) assist in the preparation of standards of
				apprenticeship for presentation to the SAC;
(4) protect the welfare of the
				apprentices;
(5) devise procedures
				and keep records and statistics;
(6) handle public relations pertaining to
				apprenticeship training for the purpose of public education;
(7) carry out the policies approved and
				assigned by the department;
(8)
				notify all apprenticeship program sponsors of new or changed policy adopted by
				the SAA; and
(9) coordinate the
				activities and objectives of the department and SAC with OA staff assigned to
				New Mexico.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.10 - ORGANIZATION OF SAC

Current through Register Vol. 35, No. 13, July 16, 2024
The SAC provides advice and guidance to the department on
				  the operation of the state's apprenticeship system.
A. The SAC shall consist of three persons
				known to represent employers, three persons known to represent labor
				organizations, and three public representatives, appointed by the cabinet
				secretary of workforce solutions. Persons appointed to the council shall be
				familiar with apprenticeable occupations.
B. The secretary of workforce solutions and
				the secretary of public education, or their designees, shall be ex-officio,
				non-voting members of the SAC.
C.
				SAC members shall be appointed as provided for in Section
				50-7-3 NMSA, 1978. If a SAC member
				misses two consecutive meetings, unless for just cause beyond the member's
				control, the SAC shall recommend to the department that such member be replaced
				by a person who represents the same interest group.
D. Officers of the SAC shall consist of a
				chairman and a vice-chairman. These officers will be elected annually at the
				third quarter regular meeting and shall assume office immediately upon
				election. The chairman and vice-chairman shall not be selected from the same
				interest group and shall not be eligible to succeed themselves. A former
				chairman or vice-chairman may be elected to the same office after having been
				out of that office for one year.
E.
				The director shall serve as executive secretary and as an ex-officio,
				non-voting member of the SAC and as an ex-officio non-voting member of any
				committees created pursuant to Subsection E of
				11.2.3.10 NMAC.
F. Committees may be appointed by the SAC
				chairman to study, research, and make recommendations to the SAC on such
				matters as may be deemed to be appropriate by the SAC. Membership of such
				committees may be composed of SAC members, other interested persons, or a
				combination of SAC members and non-members.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.11 - DUTIES OF SAC

Current through Register Vol. 35, No. 13, July 16, 2024
The SAC shall:
A.
				work to effectively encourage the development of, and assist in the
				establishment of, voluntary apprenticeship training opportunities for eligible
				persons;
B. review all applications
				for the registration of an apprenticeship program, revisions to an existing
				apprenticeship program, and other aspects of apprenticeship and provide a final
				recommendation to the department for final action on any such application;
				and
C. work in cooperation with the
				department to review the activities of all registered apprenticeship programs
				and all registered apprentices.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.12 - MEETINGS OF SAC

Current through Register Vol. 35, No. 13, July 16, 2024
A. Regular meetings
				shall be held quarterly on the third Thursday of the second month of each
				quarter, unless otherwise rescheduled within each quarter by the
				chairman.
B. Meetings may be
				scheduled in any city, town, or village of the state.
C. During a regular meeting at least once
				each year, the SAC shall adopt an annual resolution stating its procedure for
				giving reasonable public notice of regular and special meetings pursuant to the
				requirements of the state Open Meetings Act.
D. Meetings may be requested by the chairman,
				or in the chairman's absence, by the vice-chairman, or on petition by any three
				members of the SAC. The department may also request a meeting.
E. Five members of the SAC shall constitute a
				quorum, provided at least one member representing employers and one member
				representing labor, and one public member are present.
F. Voting shall be limited to the members
				present at the SAC meeting. The chairman may vote on all questions and issues,
				or may choose to vote only in the case of a tie.
G. All meetings shall be open to all
				interested parties and to the public, except that meetings may be closed to the
				public as provided for in the state Open Meetings Act.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.13 - PARLIAMENTARY PROCEDURE AND ORDER OF BUSINESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Roberts Rules of Order, revised, shall
				govern the proceedings of the SAC, unless otherwise specified in this
				manual.
B. The order of business
				for all meetings of the SAC and its committees shall be:
(1) approval of minutes for previous
				meeting;
(2)
				communications;
(3) reports of:
(a) SAC members;
(b) committees;
(c) consultants;
(d) director of apprenticeship;
(4) unfinished business;
(5) new business;
(6) persons wishing to be heard by the
				SAC;
(7) election of
				officers;
(8) adjourn.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.14 - FORMULATION OF POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
The SAC advises on general policies, principles, and
				  standards under which the department operates. The department interprets, and
				  enforces these policies, principles and standards. SAC advises the areas of
				  emphasis to be placed on apprenticeship activities; represents the point of
				  view of employers and labor and the public in respect to major state problems
				  in apprenticeship; serves as a liaison with employers and labor, and in this
				  capacity helps to promote apprenticeship by participation in conferences and
				  meetings.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.15 - U.S. DEPARTMENT OF LABOR, OFFICE OF APPRENTICESHIP

Current through Register Vol. 35, No. 13, July 16, 2024
General policy: It shall be the responsibility of the
				  director to coordinate the activities and objectives of the department with
				  staff of the OA assigned to New Mexico. Mutual understanding and good faith on
				  part of the state and federal agencies is essential to the advancement of
				  parallel interest of the state and federal governments.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.16 - NATIONAL STANDARDS AND POLICY STATEMENTS OF APPRENTICESHIP

Current through Register Vol. 35, No. 13, July 16, 2024
General policy: It is basic department policy to cooperate in
				  promoting the development of joint national standards of apprenticeship agreed
				  upon by the appropriate national organizations concerned. When national
				  standards for various reasons cannot be obtained, national policy statements by
				  employer or employee organizations which observe the fundamentals of
				  apprenticeship are recognized as guides by the SAA in the promotion of
				  apprenticeship among the members of the organizations which formulate the
				  policy.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.17 - APPRENTICESHIP PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
The terms and conditions of an apprenticeship program must be
				  in written form so that all parties concerned may be informed of its
				  provisions, and so it can be used in the training operations and the
				  administration of the program. Apprenticeship programs are defined by the
				  department based upon guidance from the United States department of labor,
				  OA.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.18 - RELATIONSHIP TO BARGAINING AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General policy: Because a bargaining
				agreement is a legal contract between the parties who sign it, its terms and
				conditions with respect to the employment and training of apprentices are to be
				fully respected. Any changes from the terms in the bargaining agreement
				advocated in connection with apprenticeship must be made in conformance with
				the recognized procedures for amending the bargaining agreement.
B. Apprenticeship provisions in bargaining
				agreements: It is preferable that apprenticeship programs be developed
				separately from the bargaining agreement to focus greater attention to
				apprenticeship. Where the parties to the agreement so desire, it is recommended
				that a clause be inserted in the agreement authorizing the establishment of an
				apprenticeship program, (or recognizing a program in existence), to conform to
				the fundamentals or standards of the department.
C. To be eligible for registration: 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 union agreement or no objection to the
				registration is required. Where no such participation is evidenced and
				practiced, the employer or employers' association must 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 must provide for receipt of union
				comments, if any, within 45 days before final action on the application for
				registration and approval.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.19 - EMPLOYEE-EMPLOYER COOPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
General policy: Cooperation between an employer and his
				  skilled employees is essential for the proper training of the apprentice. The
				  employer provides employment for the apprentices. The skilled employees impart
				  their skills and knowledge to the apprentice.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.21 - REVIEW OF PROGRAMS PERFORMANCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General policy: In order to carry out the
				provisions of the New Mexico State Apprenticeship Act with regard to
				safeguarding the welfare of the apprentice, the program provisions under which
				the apprentice is to be employed should be reviewed for their consistency with
				current apprenticeship fundamentals and recognized apprenticeship policies and
				practices of industry.
B. Every
				registered apprenticeship program shall have at least one registered
				apprentice, except for the following specified periods of time, which may not
				exceed one year:
(1) between the date when a
				program is registered and the date of registration for its first apprentice(s);
				or
(2) between the date that a
				program graduates an apprentice and the date of registration for the next
				apprentice(s) in the program.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.22 - CRITERIA FOR APPRENTICEABLE OCCUPATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Criteria for apprenticeable occupations: An industry
				  specific occupation, in order to be recognized as apprenticeable by the
				  department, must possess all the following characteristics:
A. it involves skills that are customarily
				learned in a practical way through a structured, systematic program of
				on-the-job supervised learning;
B.
				it is clearly identified and commonly recognized throughout an
				industry;
C. it involves the
				progressive attainment of manual, mechanical, or technical skills and knowledge
				which, in accordance with the industry standard for the occupation, would
				require the completion of a minimum of 2,000 hours of on-the job learning;
				and
D. it requires of the
				completion of related instruction to supplement the on-the-job
				learning.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.24 - WORK PROCESSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				policy: An apprenticeship program should contain a sufficiently broad schedule
				of work processes for the acquirement of reasonable competency in the
				trade.
B. Development of work
				processes: Work process schedules should be developed by those responsible for
				the training of apprentices and in sufficient detail to serve as an outline of
				the basic elements of the trade to be learned.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.25 - APPRENTICE WAGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				policy: Wages for apprentices should be calculated so that training, rather
				than production, is the principal criterion.
B. Apprentice wages under bargaining
				agreement: Wage rates established for the apprentice under a bargaining
				agreement shall be recognized.
C.
				Beginning apprentice rates: The beginning apprentice rates shall equal or
				exceed those customarily paid to other beginning apprentices in the trade in
				the locality.
D. Expressing wage
				rates: Apprentice wage rates may be expressed in terms of cents per hour but
				preferably in percentages of the journeyworker's rate. The journeyworker's
				hourly rate as of the effective date of the program shall be reported when
				submitting programs for review and registration. Where the journeyworker's rate
				is shown as a weekly or monthly wage, the standard work week hours also shall
				be shown.
E. Coverage under state
				and federal wage and hour acts: If sponsors of apprenticeship programs are
				uncertain as to their coverage under state and federal wage and hour acts and
				they propose to set up rate schedules under which the apprentice would be paid
				less than the minimum wages established by these acts, they should be advised
				to check with their attorney, or with the state or federal agency responsible
				for the administration of these acts.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.26 - CERTIFICATE OF COMPLETION OF APPRENTICESHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A. General policy: It is the policy to
				emphasize the significance of the apprentice completion certificate issued by
				the department.
B. Authentication
				of requests for completion certificates: A certificate of completion of
				apprenticeship will be issued to apprentices upon receipt of an electronic
				request from the appropriate program sponsor. The department shall have in its
				files some specific evidence that the program sponsor has requested a
				certificate for the apprentice.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.27 - APPRENTICE AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
General policy: The terms and conditions of employment and
				  training of each apprentice shall be stated in a written apprenticeship
				  agreement. The agreement shall contain explicitly or by reference:
A. names and signatures of the contracting
				parties (apprentice, and the program sponsor or employer), and the signature of
				a parent or guardian if the apprentice is a minor;
B. the date of birth and social security
				number of the apprentice;
C.
				contact information of the program sponsor and the department;
D. a statement of the occupation in which the
				apprentice is to be trained, and the beginning date and term (duration) of
				apprenticeship;
E. a statement
				showing:
(1) the number of hours to be spent
				by the apprentice in work on the job in a time-based program; or a description
				of the skill sets to be attained by completion of a competency-based program,
				including the on-the-job learning component; or the minimum number of hours to
				be spent by the apprentice and a description of the skill sets to be attained
				by completion of hybrid program; and
(2) the number of hours to be spent in
				related instruction in technical subjects related to the occupation, which is
				recommended not be less than 144 hours per year;
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.28 - PROGRAM COMPLIANCE AND DEREGISTRATION PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Operation according to approved standards:
				After a program sponsor has registered the program's standards with the
				department, the program shall operate in accordance with these standards.
				Should an operating procedure be desired that is not in accordance with the
				existing approved standards, the program sponsor is required to submit a
				proposal pursuant to the procedures set forth in Subsection B of
				11.2.3.23
				NMAC.
B. Programs not in compliance
				with department policies: Should a program sponsor not comply with these
				policies and procedures, the SAA shall take appropriate action. Deregistration
				of the program shall be used after reasonable efforts to gain compliance have
				failed.
C. Deregistration of an
				apprenticeship program: Deregistration of a program may be effected upon the
				voluntary action of the sponsor by submitting a request for cancellation of the
				registration in accordance with Paragraph (1) of this subsection or upon
				reasonable cause, by the department instituting formal deregistration
				proceedings in accordance with Paragraph (2) of this subsection.
(1) Deregistration at the request of the
				sponsor: The department may cancel the registration of an apprenticeship
				program by written acknowledgment of such request stating the following:
(a) the registration is cancelled at the
				sponsor's request and effective date thereof;
(b) that, within 15 days of the date of the
				acknowledgment, the sponsor shall notify all apprentices of such cancellation
				and the effective date; that such cancellation automatically deprives the
				apprentice of individual registration; that the deregistration of the program
				removes the apprentice from coverage for federal purposes which require the
				secretary of labor's approval of an apprenticeship program, and that all
				apprentices are referred to the department for information about potential
				transfer to other registered apprenticeship programs.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.29 - ENERGY TRANSITION ACT COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The construction of New Mexico facilities
				that generate electricity for New Mexico retail customers, and that are not
				located on the customer side of an electricity meter, shall be subject to the
				requirements of Subsection B of Section 62-13-16 NMSA 1978 if the facilities
				are built as a result of competitive solicitations.
B. Subject to availability of qualified
				applicants, the construction of facilities that generate electricity for New
				Mexico retail customers shall employ apprentices from an apprenticeship program
				registered with the department during the construction phase of a project at a
				minimum level as outlined in Subsection B of 62-13-16 NMSA 1978 for all persons
				employed for the project.
(1) A "project" for
				the purposes of this Section means any construction of a facility that
				generates electricity or transmits electricity for New Mexico retail
				customers.
(2) The number of
				apprentices required applies to each occupation or trade performing services
				during the project.
(3) For
				projects commencing after January 1, 2020 but before January 1, 2024,
				apprentices should comprise 10 percent of all persons employed for the
				project.
(4) For projects
				commencing after January 1, 2024 but before January 1, 2026, apprentices should
				comprise 17.5 percent of all persons employed for the project.
(5) For projects commencing after January 1,
				2026, apprentices should comprise 25 percent of all persons employed for the
				project.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.30 - UNEMPLOYMENT ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Apprentices participating in an approved apprenticeship program registered with
				the apprenticeship office through the department of workforce solutions who are
				required to attend unpaid training sessions during weeks in which they are not
				otherwise receiving compensation may be eligible to receive unemployment
				benefits for the training weeks under 51-1-1
et seq
. NMSA as
				long as all other unemployment eligibility requirements are met.
B. During the week in which an apprentice is
				eligible for unemployment benefits though this provision, the work search
				requirements will be waived since the apprentice will have a predetermined
				return to work date established though their apprentice program.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions
				  (DWS)
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
State workforce development board (state board), department
				  of workforce solutions (DWS), chief elected officials (CEOs), local workforce
				  development boards (local boards), local workforce system administrative
				  entities (local administrative entities), workforce system sub-recipients and
				  workforce system partners.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Title I of the Workforce Innovation and Opportunity Act
				  (WIOA), 29 U.S.C. Chapter 32, Subchapter I, and NMSA 1978, Section
				  50-14-1
et seq.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2018, 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 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This policy outlines the local guidance structure in New
				  Mexico as required by WIOA, to administer the implementation of workforce
				  development activities in the local areas. This policy also provides guidance
				  on the appointment of local boards and outlines the roles, responsibilities,
				  and authority of the CEOs and the local boards in regard to the local workforce
				  system.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Chief elected
				official (CEO) is the chief elected executive officer of a unit of general
				local government in a local area. CEOs shall consist of one county commissioner
				from each county located in the area. In a case in which a local area includes
				more than one unit of general local government, the points of contact shall
				only be the recognized CEOs for each county located in that area.
B. Chief Lead Elected Official (CLEO) is the
				individual selected by the participating chief elected officials who may act on
				behalf of the other chief elected officials in a given local workforce
				development area (local area).
C.
				Local administrative entity means the entity designated by the local board for
				the administration of WIOA in the local area.
D. Local area means a workforce development
				area assigned to a region by the governor for the administration of workforce
				development activities; and the area within which local boards oversee their
				functions.
E. Local board grant
				agreement means the grant agreement between the recipient of WIOA funding
				(DWS), and the sub-recipient of WIOA funding (local board), to fund and direct
				the administration of WIOA in the local area.
F. Local workforce development board (state
				local board) means the state workforce development board established by the
				governor under WIOA section 107.
G.
				One-stop delivery system means a one-stop delivery system, as described in WIOA
				section 121.
H. One-stop operator
				means a public, private, or nonprofit entity, or a consortium of entities
				designated or certified under WIOA section 121.
I. One-stop partner means an entity described
				in WIOA section 121 that is participating in the operation of a one-stop
				delivery system.
J. State workforce
				development board (state board) means the state workforce development board
				established by the governor under WIOA section 101.
K. Technical assistance guidance means
				technical advisories issued by state or federal government authorities to aid
				in the implementation of WIOA.
L.
				Unit of general local government means any general purpose political
				subdivision of a state that has the power to levy taxes and spend funds, as
				well as general corporate and police powers.
M. Workforce connection center means a
				physical one-stop center within the one-stop delivery system, as described in
				WIOA section 121, and partner of the American job center network.
N. Workforce solutions department means the
				state administrative agency designated by the governor for the administration
				of WIOA in New Mexico, commonly referred to as the department of workforce
				solutions (DWS). DWS is also the agency designated by the governor as the
				pass-through entity for WIOA funding.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.8 - BACKGROUND

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of WIOA Title I includes:
A. Increasing access to, and opportunities
				for, individuals to receive the employment, education, training, and support
				services necessary to succeed in the labor market, with a particular focus on
				those individuals with disabilities or other barriers to employment including
				out of school youth with the goal of improving their outcomes;
B. Enhancing the strategic role for states
				and elected officials, and local boards in the public workforce system by
				increasing flexibility to tailor services to meet employer and worker needs at
				state, regional and local levels;
C. Streamlining service delivery across
				multiple programs by requiring co-location, coordination, and integration of
				activities and information to make the system understandable and accessible for
				individuals, including individuals with disabilities and those with other
				barriers to employment, and businesses;
D. Supporting the alignment of the workforce
				investment, education, and economic development systems in support of a
				comprehensive, accessible, and high-quality workforce development system at the
				federal, state, and local levels;
E. Improving the quality and labor market
				relevance of workforce investment, education, and economic development efforts
				by promoting the use of industry and sector partnerships, career pathways, and
				regional service delivery strategies in order to both provide America's workers
				with the skills and credentials that will enable them to secure and advance in
				employment with family-sustaining wages, and to provide America's employers
				with the skilled workers the employers need to succeed in a global
				economy;
F. Promoting
				accountability using core indicators of performance measured across all WIOA
				authorized programs, sanctions, and high quality evaluations to improve the
				structure and delivery of services through the workforce development system to
				address and improve the employment and skill needs or workers, job seekers, and
				employers;
G. Increasing the
				prosperity and economic growth of workers, employers, communities, regions, and
				states; and
H. Providing workforce
				development activities through statewide and local workforce development
				systems to increase employment, retention, and earnings of participants and to
				increase industry-recognized postsecondary credential attainment to improve the
				quality of the workforce, reduce welfare dependency, increase economic
				self-sufficiency, meet skill requirements of employers, and enhance
				productivity and competitiveness of the nation.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.9 - SHARED LIABILITY AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Per WIOA section 107, if a local area includes more than one
				  unit of general local government, the CEOs of such units must execute a written
				  agreement that specifies the respective roles and liability of the individual
				  CEOs. If the CEOs are unable to reach agreement after reasonable effort, the
				  governor may appoint the members of the local board from individuals nominated
				  or recommended.
A. Required inclusions.
				CEOs must enter into an agreement with each other that, at a minimum, includes
				the following sections:
(1) Liability of
				funds. The agreement must acknowledge financial liability per WIOA section 107,
				and outline the process for determining each CEO's share of responsibility as
				laid out in the CEO agreement. This determination could be based on allocation,
				population, expenditures, and other criteria determined by the CEOs.
(2) Grant recipient and signatory. The
				agreement must acknowledge the CEOs are the grant recipient for all local WIOA
				funds or have designated grant recipient authority to the local board. If the
				CEOs will serve as the grant recipient, they must outline the process they will
				use to sign contracts and enter into agreements related to WIOA. This may be
				accomplished by designating signatory authority to a Chief Lead Elected
				Official (CLEO).
(3) Fiscal agent
				designation. To assist in the administration of the grant funds, the CEOs may
				designate an entity to serve as a local fiscal agent and describe the process
				for designating a local fiscal agent within the guidelines required by state
				and local procurement laws and policies.
(4) Local board budget approval. The
				agreement must describe the process for reviewing and approving the local board
				annual budget.
(5) Participating
				CEOs. The agreement must contain the name, representation, contact information,
				and signature of each participating CEO in the local area.
(6) Election of a new CEO. Within 90 days of
				when a new CEO is elected within the local area, either participating as a
				signatory on the agreement or as a participating CEO, the local board must
				ensure the individual submits to the local board a written statement
				acknowledging that he or she:
(a) has read,
				understands, and will comply with the current CEO agreement; and
(b) reserves the option to request
				negotiations to amend the CEO agreement at any time during the official's
				tenure as a CEO.
(c) Amendment or
				change to the CEO agreement. The agreement must outline the process that will
				be used for amendments or changes to the CEO agreement. All amendments or
				changes must be maintained at the local administrative entity office and
				available for monitoring by DWS.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.10 - CEO AND LOCAL BOARD PARNERSHIP AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. To ensure the criteria established by the
				state are acknowledged by both the CEOs and the members of the local board, a
				partnership agreement is required. The partnership agreement must establish
				roles and responsibilities of the CEOs and the local board along with a
				description of the partnership and specific responsibilities. The local board
				and CEOs must enter into a partnership agreement that at a minimum, addresses
				the following sections:
(1) describes the
				respective roles and responsibilities of the respective parties;
(2) acknowledged the authority of the CEOs to
				appoint the members of the local board in accordance with the criteria
				established under WIOA section 107, and in accordance with the required
				criteria in state technical assistance guidance;
(3) describes how the local plan will be
				developed in partnership between the CEOs and the local board;
(4) describes how the local board will
				develop the local area budget and the process for obtaining the CEO's approval,
				per WIOA section 107;
(5)
				establishes the guidelines that will be followed by the local board for
				selection of a one-stop operator, including the process for getting CEO
				agreement on the selection;
(6)
				describes the process for approving local workforce policy;
(7) describes the process for demonstrating
				the CEO agreement on the memoranda of understanding between workforce system
				partners and the board;
(8)
				describes the process for demonstrating agreement between the CEOs and the
				local board on the methods for funding the infrastructure costs of workforce
				connection centers in the local area;
(9) describes the process for demonstrating
				agreement between the CEOs and the local board on local performance indicators;
				and
(10) describes the process for
				demonstrating CEO agreement on the appropriate use of funds and oversight of
				adult, dislocated worker, and youth workforce development activities, and the
				entire one-stop delivery system in the local area; and the appropriate use,
				management, and investment of funds to maximize performance outcomes under WIOA
				section 116.