New Mexico Register
/ Volume XXIX, Issue 11 / June 12, 2018
TITLE 11 LABOR
AND WORKERS’ COMPENSATION
CHAPTER 2 JOB
TRAINING
PART 4 WORKFORCE
INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE
11.2.4.1 ISSUING
AGENCY: New Mexico Department of Workforce Solutions
(DWS)
[11.2.4.1
NMAC - N, 7/1/2018]
11.2.4.2 SCOPE: 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.
[11.2.4.2
NMAC - N, 7/1/2018]
11.2.4.3 STATUTORY
AUTHORITY: 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.
[11.2.4.3
NMAC - N, 7/1/2018]
11.2.4.4 DURATION:
Permanent.
[11.2.4.4
NMAC - N, 7/1/2018]
11.2.4.5 EFFECTIVE
DATE: July 1, 2018, unless a later date is cited at
the end of a section.
[11.2.4.5
NMAC - N, 7/1/2018]
11.2.4.6 OBJECTIVE:
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.
[11.2.4.6
NMAC - N, 7/1/2018]
11.2.4.7 DEFINITIONS:
A. Chief elected official
(CEO) is the chief elected executive officer of a unit of general local
government in a local area; and in a case in which a local area includes more
than one unit of general local government, the individuals designated under the
agreement described in WIOA Section 107
B. Lead chief elected
official 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.
[11.2.4.7
NMAC - N, 7/1/2018]
11.2.4.8 BACKGROUND:
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.
[11.2.4.8
NMAC - N, 7/1/2018]
11.2.4.9 CEO
AGREEMENT: Per WIOA section 107, if a local area
includes more than one unit of general local, 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 lead
CEO.
(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 120 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.
B. Recommended inclusions. To improve the coordination and functionality
of the local workforce system, CEOs should also address the following items in
their agreement:
(1) Designation
of a lead CEO. CEOs are liable for all
WIOA funds in the local area and are required by WIOA to approve or provide
guidance on a number of local board activities.
DWS encourages CEOs to select a lead CEO who will act on behalf of the
other CEOs. If a lead CEO is appointed,
the following information must be sent to the local administrative entity and
kept on file for review by DWS:
(a) appointment process and term of lead CEO;
(b) designation of the lead CEO to serve as the signatory for
the CEOs;
(c) outline of decisions that may be made by the lead on behalf
of the CEOs; and
(d) inclusion of the name, title, and contact information of the
appointed lead CEO.
(2) Local
board member representation. The
agreement should outline how CEOs will ensure local board representation is
fair and equitable across the local area.
(3) Communication. The agreement
should describe how the CEOs will communicate with each other regarding local
board activities, determining how many times a year the CEOs will meet, and how
often a joint meeting with the local board will be held. CEOs should meet at least once a year just as
CEOs and once a year with the local board.
[11.2.4.9
NMAC - N, 7/1/2018]
11.2.4.10 CEO
AND LOCAL BOARD PARNERSHIP AGREEMENT:
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.
B. The partnership
agreement must be signed by the current CEOs that have been identified as
participating in the CEO agreement and by the local board chair at the time of
signing.
C. Any amendment or
change to the partnership agreement, notice of an election of a new CEO, or
notice of an election of a new local board chair must be maintained at the
local administrative entity office and available for monitoring by DWS. If a new CEO or local board chair is elected
within the local area, the newly elected individual must submit to the local
board a written statement acknowledging the following:
(1) the individual has read, understands, and will comply with
the current partnership agreement; and
(2) the individual reserves the option to request negotiations
to amend the partnership agreement at any time during the individual’s tenure.
D. The partnership
agreement should establish requirements for informing the CEOs on a regular
basis regarding activities, performance outcomes, and budgets with at least one
joint meeting held annually between the CEOs and the local board.
[11.2.4.10
NMAC - N, 7/1/2018]
11.2.4.11 LOCAL
BOARD MEMBERSHIP: The local board is appointed by the CEOs in
each local area every two years. All
members must be individuals with optimum policy-making authority within the
entities they represent. An individual
may be appointed as a representative of more than one entity if the individual
meets all the criteria for representation; however, individuals representing
more than one category must have the optimum policy-making authority within
each of the entities they are representing.
All required local board members must have voting privileges. The CEO may convey voting privileges to
non-required members. The local board
must elect a chairperson from among the business representatives on the local
board.
A. Representatives
of business. The majority (fifty-one
percent) of the members of the local board must be representatives of business
in the local area. At a minimum, two
members must represent small business as defined by the US small business administration. Business representatives serving on local
boards may also serve on the state board.
Each business representative must meet the following criteria:
(1) be an owner, chief executive officer, chief operating
officer, or other individual with optimum policymaking or hiring authority;
(2) provide
employment opportunities in in-demand industry sectors or occupations, as those
terms are defined in WIOA section 3, and provide high-quality, work-relevant
training and development opportunities to its workforce or to the workforce of
others; and
(3) are appointed from among individuals nominated by local
business organizations and business trade associations.
B. Representatives
of the workforce. Not less than twenty
percent of the members of the local board must be workforce
representatives. These representatives:
(1) must include two or more representatives of labor
organizations, where such organizations exist in a local area. Where labor organizations do not exist,
representatives must be selected from other employee representatives; and
(2) must include one or more representatives of a joint
labor-management or union affiliated, registered apprenticeship program within
the area who must be a training director or a member of a labor
organization. If no union affiliated
registered apprenticeship programs exist in the area, a representative of a
registered apprenticeship program with no union affiliation must be appointed,
if one exists.
(3) In
addition to the above representatives, the board may also include the following
to contribute to the twenty percent requirement:
(a) one
or more representatives of community-based organizations that have demonstrated
experience and expertise in addressing the employment training or education
needs of individuals with barriers to employment including organizations that
serve veterans or provide or support competitive integrated employment for
individuals with disabilities; and
(b) one or more representatives of organizations with
demonstrated experience and expertise in addressing the employment, training,
or education needs of eligible youth, including representatives of
organizations that serve out-of-school youth.
C. Representatives
of education and training. The balance
of local board membership must include:
(1) at least one eligible provider administering adult education
and literacy activities under WIOA Title II;
(2) at least one representative from an institution of higher
education providing workforce investment activities, including community
colleges; and
(3) may include representatives of local educational agencies,
and of community-based organizations with demonstrated experience and expertise
in addressing the education or training needs of individuals with barriers to
employment.
D. Representatives
of governmental and economic and community development entities. Each local board must include at least one appropriate
representative from:
(1) economic and community development entities;
(2) the state employment service office under the Wagner-Peyser Act (29 USC 49 et seq.) serving the local area;
(3) the
programs carried out under title I of the Rehabilitation Act of 1973, other
than section 112 or part C of that title, serving the local area; and
(4) may include representatives from:
(a) agencies or entities administering programs serving the local
area relating to transportation, housing, and public assistance;
(b) philanthropic organizations serving the local area; and
(c) other appropriate individuals deemed appropriate by the CEO.
[11.2.4.11
NMAC - N, 7/1/2018]
11.2.4.12 LOCAL
BOARD ROLES AND RESPONSIBLITIES: The local board must perform the following functions per WIOA section
107 and must describe the implementation of these functions in the agreement
with its CEOs, including:
A. develop and submit a four-year local plan for the local
area, in partnership with the CEO per WIOA section 108;
B. conduct
workforce research and regional labor market analysis to include:
(1) analyses and regular updates of economic conditions, needed
knowledge and skills, workforce and workforce development, including:
(a) education and training activities;
(b) strengths and weaknesses; and
(c) the capacity to provide services to address the identified
education and skill needs of the workforce and the employment needs of
employers.
(2) assistance to DWS in developing the statewide workforce and
labor market information system under the Wagner-Peyser
Act for the region; and
(3) other research, data collection, and analysis related to the
workforce needs of the regional economy after receiving input from a wide array
of stakeholders, as necessary.
C. convene local workforce development system stakeholders to
assist in the development of the local plan and in identifying non-federal
expertise and resources to leverage support for workforce development
activities. Such stakeholders may assist
the local board and standing committees in carrying out the convening,
brokering, and leveraging functions at the direction of the local board;
D. lead efforts to
engage with a diverse range of employers and other entities in the region to:
(1) promote business representation on the local board;
(2) develop
effective linkages, including the use of intermediaries, with employers in the
region to support employer utilization of the local workforce development system
and to support local workforce activities;
(3) ensure
workforce investment activities meet the needs of employers and support
economic growth in the region by enhancing communication, coordination, and
collaboration among employers, economic development entities and service
providers; and
(4) develop and implement proven or promising strategies for
meeting the employment and skill needs of workers and employers, such as the
establishment of industry and sector partnerships, that provide the skilled
workforce needed by employers in the region and that expand employment and
career advancement opportunities for workforce development system participants
in in-demand industry sectors or occupations.
E. with
representatives of secondary and postsecondary education programs, lead efforts
to develop and implement career pathways within the local area by aligning the
employment, training, education, and supportive services that are needed by
adults and youth, particularly individuals with barriers to employment;
F. lead efforts in
the local area to identify and promote proven and promising strategies and
initiatives for meeting the needs of employers, workers and job seekers, and
identify and disseminate information on proven and promising practices carried
out in other local areas for meeting such needs;
G. develop strategies for using technology to maximize the
accessibility and effectiveness of the local workforce development system for
employers, workers, and job seekers by:
(1) facilitating connections among the intake and case
management information systems of the one-stop partner programs to support a
comprehensive workforce development system in the local area;
(2) facilitating access to services provided through the
one-stop delivery system involved, including access in remote areas;
(3) identifying
strategies for better meeting the needs of individuals with barriers to
employment, including strategies that augment traditional service delivery, and
increase access to services and programs of the one-stop delivery system, such
as improving access in remote areas;
(4) leveraging resources and capacity within the local workforce
development system, including resources and capacity for services for
individuals with barriers to employment.
H. in partnership
with the CEOs for the local area:
(1) conduct
oversight of youth workforce investment activities authorized under WIOA
section 129, adult and dislocated worker employment and training activities
under WIOA section 134, and the entire one-stop delivery system in the local
area;
(2) ensure
the appropriate use and management of the funds provided under WIOA Title I for
the youth, adult, and dislocated worker activities and one-stop delivery system
in the local area; and
(3) ensure the appropriate use, management, and investment of
funds to maximize performance outcomes under WIOA section 116.
I. negotiate and reach agreement on local performance
indicators with the CEO and DWS;
J. negotiate with
CEOs and required partners on the methods for funding the infrastructure costs
of one-stop centers in the local area or must notify DWS if they fail to reach
agreement at the local level and will use a state infrastructure funding mechanism;
K. select the following providers in the local area, and where
appropriate terminate such providers:
(1) providers
of youth workforce investment activities through competitive grants or
contracts based on the recommendations of the youth standing committee (if such
a committee is established); however, if the local board determined there is an
insufficient number of eligible training providers in the local area, the local
board may award contracts on a sole-source basis as per WIOA section 123;
(2) providers of training services consistent with the criteria
and information requirements established per WIOA section 122;
(3) providers of career services through the award of contracts,
if the one-stop operator does not provide such services; and
(4) one-stop
operators.
L. work with the
state to ensure there are sufficient numbers and types of providers of career
services and training services serving the local area and providing the
services in a manner that maximizes consumer choice, as well as providing
opportunities that lead to competitive integrated employment for individuals
with disabilities per WIOA section 107;
M. coordinate
activities with education and training providers in the local area, including:
(1) reviewing applications to provide adult education and
literacy activities under WIOA Title II, for the local area to determine
whether such applications are consistent with the local plan;
(2) making recommendations to the eligible agency to promote
alignment with such plan; and
(3) replicating
and implementing cooperative agreements to enhance the provision of services to
individuals with disabilities and other individuals, such as cross training of
staff, technical assistance, use and sharing of information, cooperative efforts
with employers, and other efforts at cooperation, collaboration, and
coordination;
N. develop a budget for the activities of the local board, with
the approval of CEOs and consistent with the local plan and the duties of the
local board;
O. assess on an
annual basis, the physical and programmatic accessibility of all one-stop
centers in the local area per WIOA section 188, if applicable, and applicable
provisions of the Americans with Disabilities Act of 1990 (42 USC 12101 et
seq.);
P. certify one-stop centers;
Q. produce an annual report that must be submitted to the state
administrative entity, per guidelines established by the state administrative
entity;
R. promote
workforce connection center programs and activities; and
S. conduct
business in an open manner by making available to the public information about
the activities of the local board.
[11.2.4.12
NMAC - N, 7/1/2018]
11.2.4.13 BYLAWS:
The local board must establish bylaws that include, at a minimum, the
following sections:
A. Establishment. Acknowledge that the local board is
established in accordance with WIOA section 107;
B. Name. Identify the name of the local board.
C. Purpose. Acknowledge the establishment of the local board
consistent with WIOA sections 107;
D. Duties and responsibilities. Acknowledge the duties and responsibilities
as outlined in WIOA and in the partnership agreement between the CEOs and the local
board.
E. Membership. Include a description of membership as
outlined in WIOA section 107 and in the CEO agreement, as required by this rule.
F. Local board chair
election. Describe the process used to
elect a local board chair, including term details.
G. Election of officers. Outline officer positions, the process used
to elect officers, officer terms, removal of officers, and specific officer roles
and responsibilities.
H. Meetings.
(1) Information
on how often local board and committee meetings will be held.
(2) Acknowledgement
of open meeting requirements and compliance.
(3) Description
of the process of announcing regular and special meetings.
(4) Acknowledgement
that a quorum shall consist of at least a simple majority of the currently
appointed membership.
(5) Clarification
as to whether phone and web-based meetings will be permitted.
I. Delegation of local
board duties. Acknowledge that local board
members will not be permitted to delegate any local board duties to proxies or
alternates.
J. Committees. Include a list of standing committees
including the descriptions for each and composition, and description of the
process for having ad hoc committees.
K. Conflict of interest. Acknowledge that local board members shall adhere
to the following in regard to conflict of interest:
(1) A
local board member may not vote on any matter that would provide direct
financial benefit to the member or the member’s immediate family, or on matters
of the provision of services by the member or the entity the member represents.
(2) A
local board member shall avoid even the appearance of a conflict of
interest. Prior to taking office, local board
members shall provide to the local board chair a written declaration of all
substantial business interests or relationships they, or their immediate
families, have with all businesses or organizations that have received,
currently receive, or are likely to receive contracts or funding from the local
board. Such declarations shall be
updated annually or within 30 days to reflect any changes in such business
interests or relationships. The local board
shall appoint an individual to timely review the disclosure information and
advise the local board chair and appropriate members of potential conflicts.
(3) Prior
to a discussion, vote, or decision on any matter before a local board, if a
member, or a person in the immediate family of such member, has a substantial
interest in or relationship to a business entity, organization, or property
that would be affected by any official local board action, the member shall
disclose the nature and extent of the interest or relationship and shall
abstain from discussion and voting on or in any other way participating in the
decision on the matter. All abstentions shall
be recorded in the minutes of the local board meeting and be maintained as part
of the official record.
(4) It
is the responsibility of the local board members to monitor potential conflict
of interest and bring it to the local board’s attention in the event a member
does not make a self-declaration.
(5) In
order to avoid a conflict of interest, a local board shall ensure that the local
board’s workforce service providers shall not employ or otherwise compensate a
current or former local board member or local board employee who was employed
or compensated by the local board or its administrative entity, fiscal agent,
or grant recipient anytime during the previous 12 months.
(6) Local
board members or their organizations may receive services as a customer of a
local workforce service provider or workforce system partner. To avoid conflict of interest, a local board shall
ensure that the local board, its members, or its administrative staff do not
directly control the daily activities of its workforce service providers,
workforce system partners or contractors.
L. Compensation and
reimbursement of expenses. A description
of the policy on compensating local board members and reimbursing expenses
shall be included.
M. Amendment. Include a description of the process for
amending the bylaws.
N. Compliance with law.
(1) Acknowledgement
stating, in execution of its business, the local board shall comply with all
applicable New Mexico statutes and regulations including, but not limited to, the
state Procurement Code, the state Open Meetings Act, NMSA 1978 Compilation, and
the state Mileage and Per Diem Act.
(2) Acknowledgement
stating, in execution of its business, the local board shall comply with WIOA
and related regulations as well as state policies and directives.
[11.2.4.13
NMAC - N, 7/1/2018]
11.2.4.14 LOCAL
BOARD CERTIFICATION:
A. Initial certification. DWS must certify the composition of each
local board in the state.
B. Subsequent
certification. Upon completion of
initial certification, DWS must recertify local boards every two years.
C. Certification
criteria.
(1) Initial
certification criteria. Initial
certification shall be based on criteria established under WIOA section 107,
including compliance with membership, appointment process, chairmanship, and
standing committee requirements.
(2) Subsequent
certification criteria. Subsequent
certification shall be based on the initial certification criteria, as well as
the extent to which the local board has ensured that workforce investment
activities carried out in the local area have enabled the local area to meet
the corresponding performance accountability measures and achieved sustained
fiscal integrity, as defined in WIOA section 106, and as outlined in the local board
grant agreement.
(a) If
a local board meets all membership requirements, but fails to meet performance
measures and outcomes, certification will be granted for only a one-year review
period, instead of a two-year period.
(b) At
the end of the one-year review period, the recertification process will be
repeated with an updated review of performance and membership composition. If this review shows the local board is
meeting all performance measures and outcomes, a two-year certification will be
granted.
(c) During
the two-year certification period, if more than ten percent of the local board
membership is removed for cause, a recertification shall occur to ensure
membership compliance and board stability.
D. Decertification.
(1) Conditions
for decertification. A local board is
subject to decertification under the following conditions:
(a) failure to meet all local board certification requirements;
(b) failure to carry out required functions of the local board;
(c) fraud; or
(d) abuse.
(2) Performance
and decertification. If a local board
has already been placed on a one-year review period due to lack of meeting
performance measures and outcomes, and fails to meet performance measures and
outcomes for a second year, the local board may be decertified.
(3) Notice
and comment. A written notice and
opportunity for comment will be provided prior to decertification.
(4) Reorganization
plan. Per WIOA section 107, if a local
board is decertified, DWS, acting on behalf of the governor, may require a new
local board be appointed and certified for the local area pursuant to a
reorganization plan developed by DWS, in consultation with the CEOs in the
local area and in accordance with the certification criteria referred to in
this policy.
[11.2.4.14
NMAC - N, 7/1/2018]
HISTORY OF 11.2.4 NMAC:
History of Repealed Material:
11.2.4
NMAC, Workforce Investment Act (WIA) Policy/Program Issuance and State
Information Notice (SIN) System, filed 6-16-2000 - Repealed effective 7-1-2003.
11.2.4 NMAC,
Workforce Investment Act (WIA) Program Policies and State Technical Assistance
Guide (STAG) System, filed 6-13-2003 - Repealed effective 12-31-2005.
11.2.4
NMAC, Workforce Investment Act (WIA) Rulemaking Procedures, filed 12-15-2005 -
Repealed effective 8-15-2012.
11.2.4
NMAC, Workforce Investment (WIA) Act Local Boards, filed 6-16-2000 - Repealed
effective 8-15-2012.
11.2.4
NMAC, Workforce Investment Act Local Governance, filed 8-15-2012 - Repealed
effective 7-1-2018.