reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.17 - PERFORMANCE

Current through Register Vol. 35, No. 13, July 16, 2024
In order to achieve the vision of WIOA, align service
				  delivery across the core WIOA programs, and ensure a comprehensive approach
				  across all partners, the US departments of labor and education have developed
				  common measures and reporting elements. DWS is required to measure the success
				  and overall effectiveness of the WIOA Title I adult, dislocated worker and
				  youth programs.
A.
Performance
				indicators:
Each local area under WIOA Title I is subject to the same
				primary performance indicators of performance for the core programs under
				20
				CFR 677.155(a)(1) and (c).
				In addition to these indicators, DWS may apply additional indicators of
				performance to local areas.
B.
Performance levels.
Performance levels are established through a
				negotiation process between DWS and local areas, in accordance with Section 20
				CFR 210, as agreed to in local board grant agreements. In establishing
				performance expectations, local boards must, through the local planning
				process, consider the overall goals of the programs and how the WIOA-funded
				activities will lead to outcomes that contribute to these goals.
C.
Performance monitoring.
Through the grant agreements, local areas are directed to work with their
				service providers to monitor performance and report outcomes to DWS, in
				accordance with Section 20 CFR 677, Subpart C, as well as per their grant
				agreements. The local board grant agreements serve as a basis for monitoring
				the attainment of the performance outcomes of each local board. Refer to
				11.2.19 NMAC, oversight and monitoring, for further information on monitoring
				requirements.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 18 - WORKFORCE INVESTMENT ACT ELIGIBLE TRAINING PROVIDER LIST (REPEALED) › Section 11.2.18.10 - INITIAL AND SUBSEQUENT ELIGIBILITY DETERMINATION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.1 - 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 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.2 - 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 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.3 - 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 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.5 - 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 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide comprehensive guidelines for local boards,
				  sub-recipients, and contract service providers, on the monitoring and
				  procedures to be used by DWS to oversee the appropriate administration of WIOA
				  formula funds in New Mexico, including roles and responsibilities of affected
				  entities.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.7 - STATE MONITORING AUTHORITY, PURPOSE, AND COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Purpose.
The purpose of
				monitoring activities is to identify strengths and weaknesses in the program
				operations and minimize risk for local boards. Monitoring also serves as a way
				to provide technical assistance and resources to the local boards as they are
				held accountable for the appropriate and effective expenditure of funds, as
				well as the scope of activities associated with the implementation of
				WIOA.
B.
Oversight roles and
				responsibilities.
Recipients and sub-recipients of federal financial
				assistance awarded under Title I of WIOA and the Wagner-Peyser Act must conduct
				regular oversight and monitoring of its WIOA and Wagner-Peyser Act programs and
				those of its sub-recipients and contractors as required under Title I of WIOA
				and the Wagner-Peyser Act, as well as under Section 2 CFR 200, including
				2 CFR
				200.327,
				200.328,
				200.330,
				200.331,
				and 2 CFR 2900, in order to
(1) determine
				that expenditures have been made within the proper cost categories and within
				the cost limitations specified in WIOA and related federal
				regulations;
(2) determine whether
				there is compliance with WIOA provisions, related federal regulation, and other
				applicable laws and regulations;
(3) assure compliance with Section 2 CFR 200;
				and
(4) determine compliance with
				the nondiscrimination, disability, and equal opportunity requirements of
				Section 188 of WIOA, including the Assistive Technology Act of 1998 (USC 3003).
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.8 - LOCAL BOARD SELF-MONITORING

Current through Register Vol. 35, No. 13, July 16, 2024
Sub-recipients are also required to monitor their own
				  grant-supported activities to include the development of local-level monitoring
				  plans, tools, and processes.
A.
Written procedures
. Sub-recipients under WIOA Title I, must have
				written monitoring and resolution procedures in place that are consistent with
				Section 2 CFR part 200 to be used in monitoring both program and fiscal
				operations. In addition, sub-recipients and contract service providers shall
				develop their own local-level monitoring plan that includes:
(1) the schedule or timetable for monitoring
				WIOA funded activities; and
(2)
				identification of the type of review planned, such as on-site review,
				comparative financial analysis, desk review, staff analysis, or other type of
				appropriate review.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.9 - MONITORING REVIEW ELEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Self and risk assessments
. The monitoring process begins with an
				assessment of the overall health of the WIOA program to assist DWS in
				determining each local board's level of risk and serves as guidance for setting
				monitoring focus and priorities.
B.
Monitoring reviews
. The types of reviews that can be conducted
				include annual onsite monitoring reviews and quarterly desk reviews, both
				fiscal and programmatic with timeframes set by DWS.
(1) Annual onsite monitoring reviews. State
				monitors may conduct two kinds of onsite monitoring reviews of each local board
				annually at the mid program-year mark, which includes an annual fiscal review
				and an annual programmatic review. The purpose of these reviews is to identify
				the strengths and weaknesses of local board implementation of WIOA.
(2) Desk Reviews. State monitors may conduct
				two kinds of desk reviews of local boards, which includes a quarterly fiscal
				review and a quarterly programmatic review. The reviews are designed to
				identify any issues with the local board's fiscal or administrative controls,
				programmatic operations, and are intended to ensure that these issues are
				addressed timely.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.10 - TECHNICAL ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Technical assistance is an ongoing activity vital to
				  addressing performance and encouraging an environment of continuous
				  improvement. DWS will proactively assist local boards by issuing policy
				  guidance, sharing of best practices, and will work to resolve operational
				  issues as they arise. DWS will also provide guidance and assistance to
				  highlight areas that are working well. Monitors will also be offering technical
				  assistance as a part of the annual onsite monitoring review process, as
				  needed.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.11 - INCENTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
Clean monitoring reports (i.e. no findings), exceptional
				  performance outcomes (i.e. more than one hundred percent of the local
				  negotiated performance level), or demonstrated tangible positive outcomes of
				  innovative service strategies, as determined by DWS, can result in the local
				  board's receipt of an incentive award. Incentives will emphasize
				  accountability, high performance, seamlessness and continuous improvement,
				  supporting New Mexico in achieving its workforce development goals. DWS will
				  annually determine the total amount of funds to be awarded from funds
				  available. State technical guidance will be used to address the process for the
				  administration of incentive awards in accordance with WIOA and federal
				  regulations.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.12 - MONITORING AND ACCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A
ccess to records.
The state administrative entity, or its
				authorized representatives, has the right of timely access to any books,
				documents, papers, computer records, emails, or other records of sub-recipients
				and contract service providers that are pertinent to the use of any funds
				administered by DWS, in order to conduct monitoring, audits, and examinations,
				and to make excerpts, transcripts, and photocopies of such documents.
B.
Access to personnel.
The
				right of access also includes timely access to subrecipient and contract
				service provider personnel for the purpose of interview and discussion related
				to such documents.
C.
Record
				retention.
The right of access is not limited to any required record
				retention period but will last as long as the records are retained. Except as
				otherwise provided, records shall be retained for three years from date of exit
				as outlined in
				29 CFR Section
				97.40. If any litigation, claim, negotiation,
				audit or other action involving the records has been started before the
				expiration of the 3-year period, the records shall be retained until completion
				of the action and resolution of all issues which arise.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.13 - EVALUATION OF LOCAL BOARD OVERSIGHT CAPACITY

Current through Register Vol. 35, No. 13, July 16, 2024
This section outlines the process and criteria used by the
				  state administrative entity to evaluate local board capacity to oversee and
				  manage local funds and the delivery of local workforce services.
A. According to
				20
				CFR Section 667.410, each recipient and
				sub-recipient shall conduct regular oversight and monitoring of its WIA
				activities and those of its sub-recipients and contractors in order to
				accomplish the following.
(1) Determine
				expenditures have been made against the cost categories and within the cost
				limitations specified in the WIA and the regulations.
(2) Determine whether there is compliance
				with other applicable federal, state, and local laws, regulations, contract
				provisions, grant agreement, policies, and official directives.
(3) Provide technical assistance as necessary
				and appropriate.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.14 - MONITORING CONDUCTED BY SUBRECIPIENT AND CONTRACT SERVICE PROVIDER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Oversight
				responsibility.
Sub-recipients and contract service providers shall
				assure that regular oversight of their own activities and regular monitoring of
				the activities of their contract service providers which receive public funds
				is conducted, completed, and documented. Monitoring shall include monitoring of
				both the fiscal and program performance of the entities or contract service
				providers administering and delivering services. These monitoring activities
				should be designated to ensure compliance with federal, state, and local
				requirements and that programs achieve intended results and grant funds and
				other assets are adequately safeguarded. Monitoring activities shall be planned
				to ensure the most effective use of monitoring resources.
B.
Minimum requirements.
Monitoring activities shall assess a contract service provider's compliance
				with applicable federal, state, or local laws, regulations, contract
				provisions/grant agreement, policies, and official directives. The
				sub-recipient shall assess the contract service provider's compliance with the
				appropriate uniform administrative requirements for grants and agreements
				applicable to the type of entity receiving funds, as promulgated in the OMB
				circulars or rules. These activities shall encompass both financial and
				programmatic monitoring and shall be evaluated on no less than an annual basis
				at a minimum. Each sub-recipient and contract service provider shall conduct
				regular oversight and monitoring of its own sub-recipients and contractors in
				order to ensure the following.
(1) Determine
				that expenditures have been charged to the cost categories and within the cost
				limitations specified in the applicable laws and regulations.
(2) Determine whether or not there is
				compliance with other provisions of applicable laws and regulations.
(3) Provide technical assistance as necessary
				and appropriate.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.15 - CONTACT ENTITY

Current through Register Vol. 35, No. 13, July 16, 2024
Inquiries regarding this rule should be directed to the
				  DWS/state administrative entity.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 19 - WORKFORCE INNOVATION AND OPPORTUNITY ACT OVERSIGHT AND MONITORING › Section 11.2.19.16 - DISTRIBUTION

Current through Register Vol. 35, No. 13, July 16, 2024
State board chair, DWS state administrative entity, local
				  board chairs, local board administrative entities, local boards sub-recipients,
				  DWS/state administrative legal counsel, United States department of labor
				  employment and training administration federal representative, and the New
				  Mexico commission on public records.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 20 - WORKFORCE INNOVATON AND OPPORTUNITY ACT CORRECTIVE ACTIONS, PENALTIES AND SANCTIONS › Section 11.2.20.1 - 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 20 - WORKFORCE INNOVATON AND OPPORTUNITY ACT CORRECTIVE ACTIONS, PENALTIES AND SANCTIONS › Section 11.2.20.2 - 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 20 - WORKFORCE INNOVATON AND OPPORTUNITY ACT CORRECTIVE ACTIONS, PENALTIES AND SANCTIONS › Section 11.2.20.3 - 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 50-14-1
et
				  seq.
1978 NMSA.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 20 - WORKFORCE INNOVATON AND OPPORTUNITY ACT CORRECTIVE ACTIONS, PENALTIES AND SANCTIONS › Section 11.2.20.5 - 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 20 - WORKFORCE INNOVATON AND OPPORTUNITY ACT CORRECTIVE ACTIONS, PENALTIES AND SANCTIONS › Section 11.2.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide comprehensive guidelines for local boards,
				  sub-recipients, and contract service providers on corrective actions, technical
				  assistance, incentives, sanctions, and appeal policies and procedures to be
				  used by DWS in overseeing and monitoring the administration of WIOA formula
				  funds in New Mexico, including roles and responsibilities of affected
				  entities.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 20 - WORKFORCE INNOVATON AND OPPORTUNITY ACT CORRECTIVE ACTIONS, PENALTIES AND SANCTIONS › Section 11.2.20.8 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Sanction
				Status.
The purpose of imposing sanctions is to ensure accountability of
				local boards and other sub-recipients in meeting the needs of employers and job
				seekers, ensure performance in reaching outcome measures, ensure adequate
				return on New Mexico investments, and support New Mexico in achieving its
				goals. There are three levels of sanction status that may be assigned by DWS to
				a local board, or other sub-recipient, for failure to ensure compliance with
				one or more contracted performance measures, grant agreement provisions,
				federal or state laws, and related regulations.
(1)
Level one sanction status:
A
				level one sanction status is assigned for significant inability or failure to
				perform as determined by DWS. A level one sanction status may be associated
				with the assessment of one or more corrective actions or penalties as
				referenced in the corrective actions and penalties section of this rule.
				Sanctionable acts that occur during or after the program, grant, fiscal,
				contract, or calendar year, include but are not limited to the following:
(a) failure to submit timely and accurate
				required financial or performance reports;
(b) failure to take corrective action to
				resolve findings identified during monitoring, investigative or program
				reviews, including failing to comply with a performance improvement
				plan;
(c) failure to resolve all
				independent audit findings or questioned costs within required time
				frames;
(d) failure to submit the
				annual audit required by WIOA federal regulations;
(e) breach of administrative and service
				contract requirements;
(f) failure
				to retain required service delivery and financial records; and
(g) failure to meet one or more local
				negotiated performance levels in a single program year based on annual
				performance outcomes.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 20 - WORKFORCE INNOVATON AND OPPORTUNITY ACT CORRECTIVE ACTIONS, PENALTIES AND SANCTIONS › Section 11.2.20.9 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Final
				determination appeals.
All final determinations issued by DWS may be
				appealed pursuant to the process provided in Subpart F of Section 20 CFR 683. A
				local board or sub-recipient may appeal a sanction determination by filing a
				written request with the DWS cabinet secretary for appeal of a sanction
				determination within 10 working days following the receipt of the sanction
				determination by the local board administrative entity. The DWS cabinet
				secretary has 30 days to issue a decision to uphold, revoke, or revise the
				original final determination. If the DWS cabinet secretary takes no action
				within the 30 day time period, the original final determination becomes the
				final administrative decision on the appeal.
B.
Other appeals.
A local area
				which has been found in substantial violation of WIOA Title I, and has received
				notice from DWS, on behalf of the governor, that either all or part of the
				local plan will be revoked or that a reorganization will occur, may appeal such
				sanctions to the secretary of the United States department of labor under WIOA
				Section 184(b) and that appeal must be filed no later than 30 days after
				receipt of written notification of the revoked plan or imposed reorganization,
				pursuant to Section
				20
				CFR 683.650.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 20 - WORKFORCE INNOVATON AND OPPORTUNITY ACT CORRECTIVE ACTIONS, PENALTIES AND SANCTIONS › Section 11.2.20.10 - TECHNICAL ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Technical assistance is vital in addressing performance and
				  encouraging an environment of continuous improvement. The state administrative
				  entity will assist the local board or sub-recipient with identification of
				  technical assistance resources upon request. Subject to the availability of
				  funds, local boards or sub-recipients may apply to the state administrative
				  entity for funds to support technical assistance initiatives. Such funds will
				  not be provided for administrative costs, staff salaries or benefits,
				  out-of-state travel, meals or refreshments, capital equipment purchases,
				  including computers or other equipment. Local boards or sub-recipients may not
				  receive more funding for technical assistance than it would have been eligible
				  to receive for performance incentive awards for the program year. Technical
				  assistance may include, but is not limited to, training or support on the
				  following.
A. Improving assessment
				processes and methodology.
B.
				Performance management and associated record-keeping.
C. Case management.
D. Monitoring of services and
				providers.
E. Use of management
				information system.
F. Follow-up
				services.
G. Linkages with
				business, required workforce system partners and stakeholders.
H. Restructuring of staff.
I. Staff development.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 20 - WORKFORCE INNOVATON AND OPPORTUNITY ACT CORRECTIVE ACTIONS, PENALTIES AND SANCTIONS › Section 11.2.20.12 - CONTACT ENTITY

Current through Register Vol. 35, No. 13, July 16, 2024
Inquiries regarding this policy should be directed to the New
				  Mexico
DWS/state administrative entity.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 20 - WORKFORCE INNOVATON AND OPPORTUNITY ACT CORRECTIVE ACTIONS, PENALTIES AND SANCTIONS › Section 11.2.20.13 - DISTRIBUTION

Current through Register Vol. 35, No. 13, July 16, 2024
Sstate board chair, DWS/state administrative entity, local
				  board chairs, local administrative entities, local board sub-recipients,
				  DWS/state administrative legal counsel, United States department of labor
				  employment and training administration federal representative, and the New
				  Mexico commission on public records.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.1 - 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 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.2 - 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 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Title I of the Workforce Innovation and Opportunity Act
				  (WIOA) 29 USC Subchapter I of Chapter 32, and 50-14-1
et seq.
1978 NMSA.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.5 - 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 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish procedures for processing grievances and
				  complaints as required by WIOA. These procedures apply to all levels of the New
				  Mexico workforce system and covers equal opportunity (EO) requirements,
				  discrimination EO grievances, state and local WIOA complaints, and criminal
				  fraud and abuse.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.8 - BACKGROUND

Current through Register Vol. 35, No. 13, July 16, 2024
Section 188 of WIOA prohibits discrimination on the basis of
				  race, color, religion, sex, national origin, age, disability, or political
				  affiliation or belief or, for any beneficiaries, applicants, and participants
				  only, on the basis of citizenship status as a lawfully admitted immigrant
				  authorized to work in the United States or for participation in a WIOA Title I
				  financially assisted program or activity. The federal regulations (29 C.F.R.
				  Part 38) clarify the application of the nondiscrimination and equal opportunity
				  provisions of WIOA and provide uniform procedures for implementing them.
				  Examples of discriminatory acts specifically prohibited, other than those based
				  on a disability, are set forth in
				  29
				  C.F.R. Sections 37.6. The regulatory
				  requirements associated with employment practices and communications with
				  individuals with disabilities are set forth in
				  29 C.F.R. Sections
				  38.12 through
				  38.17.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.9 - EQUAL OPPORTUNITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
References include the following: Workforce Innovation and
				  Opportunity Act (WIOA), 29 CFR, Part 38,
				  20
				  CFR Section 667.275, 20 CFR Section
				  667.600(g)(1)(2) and Training and Employment Information Notice (TEIN) No.
				  16-99.
A.
Recipient
				requirements.
Recipients of WIOA Title I federal financial assistance
				have basic requirements which are summarized as follows.
(1) designate an equal employment opportunity
				officer;
(2) communicate equal
				employment opportunity policy and train staff to carry it out;
(3) review all contracts, plans, and
				agreements for equal opportunity;
(4) make efforts to provide equitable
				services among substantial segments of the eligible population;
(5) ensure program and site access to
				individuals with disabilities;
(6)
				collect and maintain data to examine discrimination;
(7) monitor recipients for
				compliance;
(8) receive and process
				discrimination complaints; and
(9)
				obtain corrective action or apply sanctions for violating nondiscrimination
				requirements.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.10 - DISCRIMINATION AND EQUAL OPPORTUNITY GRIEVANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Equal opportunity complaints.
(1) WIOA prohibits discrimination on the
				basis of race, color, religion, sex (including pregnancy, childbirth, and
				related medical conditions, transgender status, and gender identity), national
				origin (including limited English proficiency), age, disability, political
				affiliation or belief, and for beneficiaries, applicants, and participants
				only, on the basis of either citizenship status or participation in any program
				or activity that received financial assistance under WIOA Title or 29 CFR Part
				38. Sexual harassment is a prohibited form of sex discrimination.
(2) Any person who believes that he or she,
				or any specific class of individuals, has been or is being subjected to
				discrimination or retaliation prohibited by WIOA or its implementing
				regulations may file a written complaint, either individually or through an
				authorized representative.
(3) The
				discrimination complaint processing procedures shall be completed and a written
				notice of final action issued within 90 calendar days from the date the
				complaint was filed.
(4) To the
				extent possible and permitted by law, the confidentiality of information
				obtained as a result of the processing or investigation of a complaint will be
				maintained and will only be provided to those persons who have a legitimate
				need to know in order to achieve a timely resolution of the complaint. Even if
				an individual who makes an initial report of suspected discrimination or
				harassment ultimately decides to not file a formal complaint, it may still be
				necessary for the state or local administrative entity, service provider,
				one-stop operator, the state-level EO officer or the local area EO officer to
				investigate the matter in order to protect other applicants or participants
				from discrimination and harassment.
(5) Reprisal or retaliation against any
				individual for making a complaint of unlawful discrimination or for using,
				cooperating, or participating in the complaint process, including serving as a
				witness, is prohibited. Any person or persons engaging in retaliation are
				subject to disciplinary action, up to and including termination from
				employment.
(6) Both the
				complainant and respondent have the right to be represented by an attorney or
				other individual of their choice at their own expense throughout the complaint
				process.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.12 - CRIMINAL FRAUD AND ABUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Information and complaints involving criminal fraud, waste,
				  abuse or other criminal activity shall be reported immediately to the state
				  administrative entity or to the Regional Inspector General for Investigations,
				  U.S. Department of Labor, 525 Griffin Street, Dallas, TX 75202 with a copy
				  simultaneously provided to the Employment and Training Administration:
				  Administrator, Employment and Training Administration, United States Department
				  of Labor, Griffin Street, Dallas, Texas 75202.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.14 - CONTACT ENTITY

Current through Register Vol. 35, No. 13, July 16, 2024
Inquiries regarding this rule should be directed to the New
				  Mexico department of workforce solutions/state administrative
				  entity.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.15 - DISTRIBUTION

Current through Register Vol. 35, No. 13, July 16, 2024
State board chair, DWS/state administrative entity, local
				  board chairs, local administrative entities, local board sub-recipients,
				  DWS/state administrative legal counsel, United States department of labor
				  employment and training administration federal representative, and, the New
				  Mexico commission on public records.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 31 - APPRENTICESHIP ASSISTANCE › Section 11.2.31.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All New Mexico registered apprenticeship programs that
				  develop skilled craftsmen in occupations recognized by the department of
				  workforce solutions.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 31 - APPRENTICESHIP ASSISTANCE › Section 11.2.31.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
22-2-1,
				  22-2-2,
				  21-19A-6
				  NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 31 - APPRENTICESHIP ASSISTANCE › Section 11.2.31.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 31, 2016, 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 31 - APPRENTICESHIP ASSISTANCE › Section 11.2.31.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To set forth requirements and processes by which an
				  apprenticeship program shall receive assistance through the department of
				  workforce solutions relating to
				  21-19A-2 et
				  seq NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 31 - APPRENTICESHIP ASSISTANCE › Section 11.2.31.8 - APPRENTICESHIP AND TRAINING ADVISORY COMMITTE

Current through Register Vol. 35, No. 13, July 16, 2024
The apprenticeship and training advisory committee shall
				  provide input to the director for apprenticeship of the department of workforce
				  solutions regarding:
A. The
				administration of funds provided by the Apprenticeship Assistance Act to assist
				apprenticeship programs.
B.
				Recommend request for legislative appropriation of state funds for
				apprenticeship training.
C.
				Modifications to the application process and procedures manual.
D. Funding formulas for distributing
				available funds that shall be uniformly applied to all registered
				apprenticeship programs based on data contained in the apprenticeship-related
				instruction cost study required by Section
				21-19A-10
				NMSA 1978.
E. Development of a
				program and fiscal year calendar.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 31 - APPRENTICESHIP ASSISTANCE › Section 11.2.31.9 - THE DEPARTMENT OF WORKFORCE SOLUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The department of workforce solutions shall have sole control
				  over the disbursement of funds appropriated under the Apprenticeship Assistance
				  Act and shall:
A. Receive input from
				the apprenticeship and training advisory committee regarding the administration
				of funds provided by the Apprenticeship Assistance Act to assist apprenticeship
				programs.
B. Annually develop and
				publish a procedures manual that shall include;
(1) a current calendar with the dates for
				apprenticeship meetings, quarterly reports, regulatory deadlines and any other
				significant items;
(2) an
				application form for requesting Apprenticeship Assistance Act funds;
(3) the date for the public meeting to be
				held no later than February 28th for approving the procedures and application
				process;
(4) the date for the
				public meeting to be held no later than March 30th to conduct the mandatory
				technical assistance workshop for prospective applicants; and
(5) the date for the public meeting to be
				held no later than May 30th to approve applicants for receipt of Apprenticeship
				Assistance Act funds.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 31 - APPRENTICESHIP ASSISTANCE › Section 11.2.31.10 - APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department of workforce solutions shall develop an
				  application that shall:
A. Comply
				with criteria for apprenticeship programs as outlined in the Apprenticeship
				Assistance Act.
B. Require any
				program applicant to have a minimum of a one year's registration with the
				department of workforce solutions office of apprenticeship and at least one
				apprentice at the time the application is submitted.
C. Provide that requested funding shall be
				calculated based on the number of total related instruction contact hours
				multiplied by the approved hourly rate, not to exceed two hundred twenty hours
				per participant per year.
D.
				Require any program applicant to maintain a certificate of registration from
				the New Mexico taxation and revenue department and be licensed to do business
				in New Mexico.
E. Provide that
				requested funding shall be calculated using only those apprentices registered
				and in training at the time of application; the number of approved apprentices
				being applied for must be equal to or less than the total number of apprentices
				registered and in training at the time of application.
F. Provide that all programs have a
				structured component for related instruction with a minimum of four hours of
				direct in person contact with an instructor per month.
G. Require a representative from any program
				applicant to appear in person at the mandatory technical assistance workshop
				for prospective applicants and at the mandatory application approval
				meeting.
H. Contain sections
				requesting information for funding request, a funding survey and an
				acknowledgment of the department of workforce solutions' policies and
				procedures.
I. Provide that no
				funds shall be distributed to an apprenticeship program until the program has
				timely filed all reports required by the Apprenticeship Assistance Act and the
				department of workforce solutions.
J. Require any program applicant to respond
				to request for additional information that the department of workforce
				solutions regards as necessary to clarify issues identified in the application
				or expenditure of Apprenticeship Assistance Act funds.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 31 - APPRENTICESHIP ASSISTANCE › Section 11.2.31.11 - PROCESS FOR APPLICATION AND EXPENDETURE OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. To increase transparency and expedite the
				transmission of necessary information the department of workforce solutions
				will publish and maintain on the department of workforce solutions' website the
				current calendar, application form for Apprenticeship Assistance Act funds and
				a procedures manual that contains all the required forms developed by the
				department of workforce solutions.
B. Program applicants to be eligible for
				consideration for Apprenticeship Assistance Act funds in the fiscal year shall
				submit their applications to the director by the deadline specified in the
				department of workforce solutions' procedures manual.
C. A representative from the program
				applicant must appear in person at the mandatory technical assistance workshop
				for prospective applicants and at the mandatory application approval meeting to
				be eligible for consideration for funding in the fiscal year.
D. If the director of apprenticeship for the
				department of workforce solutions denies an application or approves the
				application with conditions, the director shall:
(1) state the reasons for the denial or
				imposition of conditions in writing within three (3) days of the meeting at
				which the application was denied or conditions imposed;
(2) a program applicant whose application was
				denied or approved with conditions that are unacceptable to the program
				applicant may appeal the decision to the secretary within three (3) days of the
				receipt of the notice of the denial or imposition of conditions;
(3) within three (3) days of receipt of the
				notice of appeal, the secretary shall meet with the program applicant and
				review the director of apprenticeship's decision that denied the application or
				approved it with conditions;
(4)
				the secretary may affirm the decision of the director of apprenticeship or
				reverse the decision with or without the imposition of conditions;
				and
(5) the secretary's decision
				shall be final and binding on the program applicant.
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 11.2.32.1 - 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 32 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL AREADESIGNATION PROCEDURE › Section 11.2.32.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
State workforce development board (state board), New Mexico
				  department of workforce solutions, 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 32 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL AREADESIGNATION PROCEDURE › Section 11.2.32.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Title I of the Workforce Innovation and Opportunity Act, 29
				  USC Subchapter I of Chapter 32 (WIOA), and Section
				  50-14-1 et
				  seq., 1978 NMSA.
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 11.2.32.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 29, 2019, 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 32 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL AREADESIGNATION PROCEDURE › Section 11.2.32.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the process by which the governor shall
				  designate local workforce development areas within the state that are eligible
				  to receive funding under Title 1 of WIOA, after consultation with local boards
				  and chief elected officials and after consideration of comments received
				  through the public comment process.
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 11.2.32.8 - BACKGROUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. Title 1 of the
				Workforce Innovation and Opportunity Act (WIOA) requires DWS to issue a policy
				to provide guidance regarding the process for designation of workforce
				development areas in New Mexico, along with the process for appealing
				designation decisions. WIOA mandates that the State Workforce Development Board
				must assist the governor in designation of workforce development areas, as
				required in WIOA Section 106, and requires an established appeals
				process.
B. The governor shall
				designate local workforce development areas within the state through
				consultation with the state board, after consultation with chief elected
				officials, and after consideration of comments received through the public
				comment process as described in WIOA, Section 102(b)(2)(E)(iii)(II).
				Considerations shall include:
(1) the extent
				to which the areas are consistent with the labor market areas in the
				state;
(2) the extent to which the
				areas are consistent with regional economic development areas in the state;
				and
(3) the extent to which the
				areas have available federal and non-federal resources necessary to effectively
				administer activities under subtitle B and other applicable provisions of this
				act, including whether the areas have the appropriate education and training
				providers, such as institutions of higher education and area career and
				technical education schools.