TITLE 11 LABOR
AND WORKERS COMPENSATION
CHAPTER 2 JOB TRAINING
PART 3 STATE APPRENTICESHIP POLICY MANUAL
11.2.3.1 ISSUING AGENCY: New Mexico Department of Workforce Solutions, as
the State Apprenticeship Agency.
[11.2.3.1
NMAC – Rp, 11.2.3.1 NMAC, 1/30/2018]
11.2.3.2 SCOPE: All apprenticeship programs, sponsors, and apprentices
registered with the New Mexico department
of workforce solutions.
[11.2.3.2
NMAC – Rp, 11.2.3.2 NMAC, 1/30/2018]
11.2.3.3 STATUTORY AUTHORITY: Section 50-7-1 to 50-7-4.1, 50-7-7 NMSA, 1978
[11.2.3.3
NMAC – Rp, 11.2.3.3 NMAC, 1/30/2018]
11.2.3.4 DURATION: Permanent
[11.2.3.4
NMAC – Rp, 11.2.3.4 NMAC, 1/30/2018]
11.2.3.5 EFFECTIVE DATE: January 30, 2018
unless a later date is cited at the end of a section.
[11.2.3.5
NMAC – Rp, 11.2.3.5 NMAC, 1/30/2018]
11.2.3.6 NEW MEXICO STATE APPRENTICESHIP
OBJECTIVES:
A. The department of workforce
solutions (“the department”) is the state apprenticeship agency (SAA). By delegation, the apprenticeship director is
the department’s operating head and administrator for all apprenticeship
related functions and activities.
B. General: To help achieve, through cooperative effort,
the training of apprentices in apprenticeable
occupations to meet current and future needs for skilled journeyworkers. To help ensure that this training stays
abreast of technological developments and needs for national security, and to
increase the job opportunities, earning ability, and security of the
apprentices. In order to provide equal
opportunities for all qualified applicants for apprenticeship, hereafter all
apprentices shall be selected in accordance with a plan which assures equality
of opportunity and which is acceptable to the state apprenticeship council and approved by the
department of workforce solutions.
C. Specific:
(1) To develop and improve techniques
which will more accurately measure future apprenticeship requirements on a
national, industrial, and community basis.
(2) To promote more widespread use of
effective techniques which will assist in the selection and employment of
apprentices.
(3) To make available to potential users, information relating to
prospective apprenticeship requirements, occupational outlook, counseling
techniques, and procedures which will aid:
(a) educational
institutions in planning curricula;
(b) management and
labor in planning apprenticeship programs;
(c) parents,
teachers, and counselors in advising youth;
(d) individuals in
their occupational planning.
(4) To encourage communities to survey
their apprenticeship needs in order to have a sound
basis for providing adequate educational facilities, vocational guidance, selective placement services, and to assist in
the development of sound educational and training opportunities for all
individuals.
(5) To encourage those responsible for
apprenticeship development in all industries to determine their future
apprenticeship requirements in order to have a sound
basis for action.
(6) To promote effective apprenticeship
training by:
(a) studying the
quantity and quality of apprenticeship training in industry;
(b) organizing and
promoting research on effective apprenticeship training practices;
(c) encouraging the
use of methods which have proven to be effective in apprenticeship training;
(d) developing and
promoting services to assist management and labor in determining apprenticeship
training needs;
(e) developing,
organizing, and offering
technical assistance to apprenticeship training programs.
(7) To assist other agencies to develop
and provide services for apprenticeship programs which are flexible and
acceptable to labor and management.
(8) To stimulate national, state, and
local organizations and groups to give active support to effective
apprenticeship training programs so that a greater proportion of journeyworkers in apprenticeable occupations will have achieved their skill
through apprenticeship programs.
[11.2.3.6
NMAC – Rp, 11.2.3.6 NMAC, 1/30/2018]
11.2.3.7 DEFINITIONS:
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.
E. “Apprenticeship program” means a plan containing all terms and conditions
for the qualification, recruitment, selection, employment and training of
apprentices, as required under 11.2.2 NMAC and 11.2.3 NMAC, including such
matters as the requirement for a written apprenticeship agreement.
F. “Apprenticeship program completion approaches” means the different ways that the term of
apprenticeship for completion of a program can be measured. They are defined as
follows.
(1) Time
based approach is measured by the skill acquisition through the individual apprentice’s
completion of at least 2,000 hours of on-the-job training as described in a
work process schedule.
(2) Competency
based approach is measured by the attainment of manual, mechanical or technical
skills and knowledge, as specified by an occupational standard and demonstrated
by an appropriate written and hands-on proficiency measurement.
(3) Hybrid
approach is measured by the individual apprentice’s skill acquisition through a
combination of a specified minimum number of hours of on-the-job training and
the successful demonstration of competency as described in a work process
schedule.
G. “Apprenticeship standards” means a document with the
requirements, as a minimum, as defined in 11.2.3.23 NMAC.
H. “Cancellation” means the termination of the registration or approval status of a program
at the request of the sponsor, or termination of an apprenticeship agreement at
the request of the apprentice.
I. “Certification or certificate” means
documentary evidence that:
(1) the
OA has approved a set of national guidelines for apprenticeship standards
developed by a national committee or organization, joint or unilateral, for
policy or guideline use by local affiliates;
(2) the
department has established that an individual is eligible for probationary
employment as an apprentice under a registered apprenticeship program;
(3) the
department has registered an apprenticeship program as evidenced by a
certificate of registration or other written indicia;
(4) the
department has determined that an apprentice has successfully met the requirements
to receive an interim credential; or
(5) the
department has determined that an individual has successfully completed
apprenticeship.
J. “Competency” means the attainment of manual, mechanical or
technical skills and knowledge, as specified
by an occupational standard and demonstrated by an appropriate written and
hands-on proficiency measurement.
K. “Completion rate” means the percentage
of an apprenticeship cohort who receives a certificate of apprenticeship
completion within one year of the projected completion date. An apprenticeship
cohort is the group of individual apprentices registered to a specific program
during a one-year time frame, except that a cohort does not include the
apprentices whose apprenticeship agreement has been cancelled during the
probationary period.
L. “Director”
means the apprenticeship director at the department of workforce solutions.
M. “Electronic
media” means media that utilize electronics or electromechanical energy for
the end user (audience) to access the content; and includes, but is not limited
to, electronic storage media, transmission media, the internet, extranet, lease
lines, dial-up lines, private networks, and the physical movement of removable
or transportable electronic media or interactive distance learning.
N. “Employer” means any person or organization
employing an apprentice whether or not such person or
organization is a party to an apprenticeship agreement with the apprentice.
O. “Equal employment opportunity (EEO)
compliance review” means a comprehensive review conducted by the department
in regards to the EEO aspects of a registered apprenticeship
program in accordance with those activities defined in the 11.2.2 NMAC equal employment
opportunity in apprenticeship state plan.
P. “Federal purposes” includes any federal
contract, grant, agreement or arrangement dealing with apprenticeship; and any
federal financial or other assistance, benefit, privilege, contribution,
allowance, exemption, preference or right pertaining to apprenticeship.
Q. “Interim credential” means a credential
issued by the department, upon request of the appropriate sponsor, as
certification of competency attainment by an apprentice.
R. “Journeyworker”
means a worker who has attained a level of skill, abilities, and competencies
recognized within an industry as having mastered the skills and competencies
required for the occupation. (Use of the term may also refer to a mentor,
technician, specialist or other skilled worker who has documented sufficient
skills and knowledge of an occupation, either through formal apprenticeship or
through practical on-the-job experience and formal training).
S. “Office of apprenticeship (OA)” means
the office designated by the employment and training administration, United
States department of labor, to administer the national apprenticeship system or
its successor organization.
T. “Provisional registration” means the
one-year initial provisional approval of newly registered programs that meet
the required standards for program registration, after which program approval
may be made permanent, continued as provisional, or rescinded following a
review by the department and the state apprenticeship council, as provided for
in the criteria described in 11.2.3.20(B)(7)(8) NMAC.
U. “Quality assurance assessment” means a
comprehensive review conducted by the department regarding all aspects of an
apprenticeship program’s performance, including but not limited to, determining
if apprentices are receiving: on-the-job learning in all phases of the apprenticeable occupation; scheduled wage increases
consistent with the registered standards; related instruction through
appropriate curriculum and delivery systems; and that the department is
receiving notification of all new registrations, cancellations, and completions
as required in this part.
V. “Registration agency” means the office
of apprenticeship or a recognized state apprenticeship agency that has
responsibility for registering apprenticeship programs and apprentices;
providing technical assistance; conducting reviews for compliance with 29 CFR
parts 29 and 30 and quality assurance assessments. The registration agency for the state of New
Mexico is the department of workforce solutions.
W. “Registration of an apprenticeship agreement”
means the acceptance and recording of an apprenticeship agreement by the department
as evidence of the apprentice’s participation in a particular registered
apprenticeship program.
X. “Registration of an apprenticeship program”
means the acceptance and recording of such program by the office of apprenticeship,
or registration or approval by a recognized state apprenticeship agency, as
meeting the basic standards and requirements of the United States department of
labor, OA, for approval of such program for federal purposes. Approval is
evidenced by a certificate of registration or other written indicia.
Y. “Related instruction” means an
organized and systematic form of instruction designed to provide the apprentice
with the knowledge of the theoretical and technical subjects related to the
apprentice’s occupation. Such instruction may be given in a classroom, through
occupational or industrial courses, or by correspondence courses of equivalent
value, electronic media, or other forms of self-study approved by the department.
Z. “Sponsor” means any person, association,
committee, or organization operating an apprenticeship program and in whose
name the program is (or is to be) registered or approved.
AA. “State apprenticeship agency (SAA)” means
an agency of a state government that has responsibility and accountability for
apprenticeship within the state. The SAA
for New Mexico is the New Mexico department of workforce solutions, herein
after referred to as “the department”.
BB. “State apprenticeship council (SAC)”
means the entity established to assist the department.
CC. “Technical assistance” means guidance
provided by department staff in the development, revision, amendment, or
processing of a potential or current sponsor’s standards of apprenticeship, apprenticeship
agreements, or advice or consultation with a sponsor to further comply with
this part or guidance from the OA to the department on how to remedy
nonconformity with this part.
DD. “Transfer” means a shift of apprenticeship registration
from one program to another or from one employer within a program to another
employer within that same program, where there is agreement between the
apprentice and the affected apprenticeship committees or program sponsors.
[11.2.3.7
NMAC – Rp, 11.2.3.7 NMAC, 1/30/2018]
11.2.3.8 DUTIES OF THE DEPARTMENT OF WORKFORCE SOLUTIONS:
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.
[11.2.3.8
NMAC – Rp, 11.2.3.8 NMAC, 1/30/2018]
11.2.3.9 DUTIES OF THE DIRECTOR:
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.
[11.2.3.9
NMAC – Rp, 11.2.3.9 NMAC, 1/30/2018]
11.2.3.10 ORGANIZATION
OF SAC: 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.
[11.2.3.10
NMAC – Rp, 11.2.3.10 NMAC, 1/30/2018; A, 7/31/2023]
11.2.3.11 DUTIES OF SAC: 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.
[11.2.3.11
NMAC – Rp, 11.2.3.11 NMAC, 1/30/2018]
11.2.3.12 MEETINGS OF SAC:
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.
[11.2.3.12
NMAC – Rp, 11.2.3.12 NMAC, 1/30/2018]
11.2.3.13 PARLIAMENTARY PROCEDURE AND ORDER OF BUSINESS:
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.
C. The chairman
shall permit public comment after presentations made during the unfinished business
and new business sections of the meeting prior to any SAC vote.
[11.2.3.13
NMAC – Rp, 11.2.3.13 NMAC, 1/30/2018; A, 1/12/2021]
11.2.3.14 FORMULATION
OF POLICY: 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.
[11.2.3.14
NMAC – Rp, 11.2.3.214 NMAC, 1/30/2018]
11.2.3.15 U.S.
DEPARTMENT OF LABOR, OFFICE OF APPRENTICESHIP: 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.
[11.2.3.15
NMAC – Rp, 11.2.3.15 NMAC, 1/30/2018]
11.2.3.16 NATIONAL
STANDARDS AND POLICY STATEMENTS OF APPRENTICESHIP: 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.
[11.2.3.16
NMAC – Rp, 11.2.3.16 NMAC, 1/30/2018]
11.2.3.17 APPRENTICESHIP
PROGRAMS: 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.
[11.2.3.17
NMAC – Rp, 11.2.3.17 NMAC, 1/30/2018]
11.2.3.18 RELATIONSHIP
TO BARGAINING AGREEMENTS:
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.
[11.2.3.18
NMAC – Rp, 11.2.3.18 NMAC, 1/30/2018]
11.2.3.19 EMPLOYEE-EMPLOYER
COOPERATION: 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.
[11.2.3.19
NMAC – Rp, 11.2.3.19 NMAC, 1/30/2018]
11.2.3.20 METHOD
OF RECOGNITION:
A. General policy: Recognition is a means of publicly
acknowledging apprenticeship programs that are considered to have met the fundamentals of apprenticeship.
Recognition may be accorded to New Mexico apprenticeship programs by the
department, by registration, when they have met the fundamentals of
apprenticeship, and as detailed below. The director of apprenticeship shall
notify programs of registration or denial, with the stated reason of denial
within five working days of said action.
B. Eligibility
and procedure for registration of an apprenticeship program:
(1) Eligibility
for registration of an apprenticeship program is conditioned upon a program’s
conformity with the apprenticeship program standards published in this part.
For a program to be determined by the department as being in conformity with
these published standards, the program must apply for registration and be
registered with the department. The determination that the program meets the
apprenticeship program standards is effectuated only through such registration.
(2) Only
an apprenticeship program or agreement that meets the following criteria is
eligible for department registration:
(a) it
is in conformity with the requirements of this part and the training is in an apprenticeable occupation having the characteristics set
forth in 11.2.3.22 NMAC
and
(b) it
is in conformity with the requirements of the equal employment opportunity in
apprenticeship state plan, 11.2.2 NMAC.
(3) Except as
provided under Paragraph (4) of this subsection, apprentices must be
individually registered under a registered program. Such individual
registration may be accomplished by filing copies of each individual
apprenticeship agreement with the department:
(a) by filing
copies of each individual apprenticeship agreement with the department or;
(b) subject to
prior department approval, by filing a master copy of such agreement followed
by a listing of the name, and other required data, of each individual when
apprenticed.
(4) The names of
persons in probationary employment as an apprentice under an apprenticeship
program registered by the department, if not individually registered under such
program, must be submitted within 45 days of employment to the department for
certification to establish the apprentice as eligible for such probationary
employment.
(5) The department
must be notified within 45 days of all individuals who have successfully
completed apprenticeship programs. The department
must also be notified and provided a statement of the reasons within 45 days of
all apprentice actions [ie: registrations, holds, advancements,
cancellations, completions, or transfers].
(6) Operating
apprenticeship programs when approved by the department are accorded
registration by a certificate of registration or other written indicia.
(7) Applications
for new programs that the department determines meet the required standards for
program registration shall be given provisional approval for a period of one
year. The department must review all new programs for quality and for
conformity with the requirements of this part at the end of the first year
after registration and make a determination that:
(a) a program
that conforms with the requirements of this part shall be made permanent or
shall continue to be provisionally approved through the first full training
cycle;
(b) a program
that is not in operation or does not conform to the regulations during the
provisional approval period shall be recommended for deregistration procedures.
(8) The department
shall review all programs for quality and for conformity with the requirements
of 11.2.3 NMAC at the end of the first full training cycle. A satisfactory
review of a provisionally approved program shall result in conversion of
provisional approval to permanent registration. Subsequent reviews shall be
conducted no less frequently than every five years. Programs that are not in
operation or not conforming to the regulations shall be recommended for
deregistration procedures.
(9) Any sponsor
proposals or applications for modification(s) or change(s) to registered
programs must be submitted to the department.
The registration agency must make a determination
on whether to approve such submissions within 90 days from the date of receipt.
If approved, the modification(s) or
change(s) will be recorded and acknowledged within 90 days of approval as an
amendment to such program. If not
approved, the sponsor shall be notified of the reasons for the disapproval and
provided the appropriate technical assistance.
(10) Under a
program proposed for registration by an employer or employers’ association,
where the standards, collective bargaining agreement or other instrument
provides for participation by a union in any manner in the operation of the
substantive matters of the apprenticeship program, and such participation is
exercised, written acknowledgement of the union agreement or no objection to
the registration is required. Where no such participation is evidenced and
practiced, the employer or employers’ association shall simultaneously furnish
to an existing union, which is the collective bargaining agent of the employees
to be trained, a copy of its application for registration and of the
apprenticeship program. The department shall provide for receipt of union
comments, if any, within 45 days before final action on the application for
registration and approval.
(11) Where the
employees to be trained have no collective bargaining agreement, an
apprenticeship program may be proposed for registration by an employer or group
of employers, or an employers’ association.
C. Reciprocity of
multi-state and out-of-state programs: The department will
cooperate with the United States department of labor, OA, in the recognition of
multi-state or out-of-state programs registered by OA. The department shall grant
reciprocal approval for federal purposes to apprentices, apprenticeship
programs, and standards that are registered in other states by the OA or another
SAA if such reciprocity is requested by the apprenticeship program sponsor.
Program sponsors seeking reciprocal approval must meet the wage and
hour provisions and apprentice ratio standards of the reciprocal state.
[11.2.3.20
NMAC – Rp, 11.2.3.20 NMAC, 1/30/2018]
11.2.3.21 REVIEW
OF PROGRAMS PERFORMANCE STANDARDS:
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.
C. The department shall evaluate performance of registered apprenticeship
programs. The tools and factors to be used shall include, but are not
limited to: quality assurance assessments, equal employment
opportunity (EEO) compliance reviews, and completion rates. Any additional tools and factors used by the department
in evaluating program performance must adhere to the goals and policies of the
department.
D. In
order to evaluate completion rates, the department
shall review a program’s completion rates in comparison to the national average
for completion rates. Based on the review, the department shall provide
technical assistance to programs with completion rates lower than the national
average. Cancellation of apprenticeship agreements during the probationary
period will not have an adverse impact on a sponsor’s completion rate.
[11.2.3.21
NMAC – Rp, 11.2.3.21 NMAC, 1/30/2018]
11.2.3.22 CRITERIA
FOR APPRENTICEABLE OCCUPATIONS: 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.
[11.2.3.22
NMAC – Rp, 11.2.3.22 NMAC, 1/30/2018]
11.2.3.23 STANDARDS OF APPRENTICESHIP:
A. General
policy: It is the objective of the
department and the SAC to encourage the development and continuance of apprenticeship
programs adequate to produce qualified skilled workers. Labor and employers
will be encouraged to jointly develop adequate standards of apprenticeship, and
it is the policy of the department and SAC to render any assistance needed by
these groups in the development of such standards. Apprenticeship program
sponsors shall submit their standards to the department for registration. After
registration, the sponsor shall provide the director of apprenticeship with
such documentation as may be requested concerning the operation of the program.
B. Development of
standards: In order to promote good apprenticeship
policies and procedures each apprenticeship program sponsor, who desires
registration by the department, shall formulate, adopt, and submit to the
department for review a set of apprenticeship standards. The purpose of these standards is to provide
rules for the operation of the apprenticeship program. An apprenticeship program, to be eligible for
registration by the department shall conform to the following standards:
(1) The
program shall have an organized, written plan (program standards) embodying the
terms and conditions of employment, related instruction, and supervision of one
or more apprentices in the apprenticeable occupation,
as defined in this part and subscribed to by a sponsor who has undertaken to
carry out the apprentice training program.
(2) The
program standards shall contain provisions that address:
(a) the
employment and training of the apprentice in a skilled occupation;
(b) the
term of apprenticeship, which for an individual apprentice may be measured
either through the completion of the industry standard for on-the-job learning
(at least 2,000 hours) (time-based approach), the attainment of competency
(competency-based approach), or a blend of the time-based and competency-based
approaches (hybrid approach);
(i) the time-based approach measures
skill acquisition through the individual apprentice’s completion of at least
2,000 hours of on-the-job learning as described in a work process schedule;
(ii) the
competency-based approach measures skill acquisition through the individual
apprentice’s successful demonstration of acquired skills and knowledge, as
verified by the program sponsor; programs utilizing this approach shall still
require apprentices to complete an on-the-job learning component of registered
apprenticeship; the program standards shall address how on-the-job learning
will be integrated into the program, describe competencies, and identify an appropriate
means of testing and evaluation for such competencies;
(iii) the
hybrid approach measures the individual apprentice’s skill acquisition through
a combination of specified minimum number of hours of on-the-job learning and
the successful demonstration of competency as described in a work process
schedule;
(c) the
determination of the appropriate approach for the program standards is made by
the program sponsor, subject to approval by the department of the determination
as appropriate to the apprenticeable occupation for
which the program standards are registered;
(d) an
outline of the work processes in which the apprentice will receive supervised
work experience and training on the job, and the allocation of the approximate
amount of time to be spent in each major process;
(e) provisions
or organized related and supplemental instruction in technical subjects related
to the trade; a minimum of 144 hours for each year of apprenticeship is
recommended. This instruction in
technical subjects may be accomplished through media such as classroom,
occupational or industry courses, electronic media, or other instruction
approved by the department
(f) every
apprenticeship instructor shall:
(i) meet the state department of
education’s requirements for a vocational-technical instructor in the state of
registration, or be a subject matter expert, which is an individual, such as a journeyworker, who is recognized within an industry as
having expertise in a specific occupation; and
(ii) have
training in teaching techniques and adult learning styles, which may occur
before or after the apprenticeship instructor has started to provide the
related technical instruction;
(g) a
progressively increasing schedule of wages to be paid to the apprentice
consistent with the skill acquired; the entry wage shall not be less than the
minimum wage prescribed by the Fair Labor Standards Act, where applicable,
unless a higher wage is required by other applicable federal law, state law,
respective regulations, or by collective bargaining agreement;
(h) periodic
review and evaluation of the apprentice's performance on the job and in related
instruction; and the maintenance of appropriate progress records;
(i) a numeric ratio of apprentices to journeyworkers consistent with established industry
practices, proper supervision, training, safety, and continuity of employment,
and applicable provisions in collective bargaining agreements except where such
ratios are expressly prohibited by the collective bargaining agreements; the
ratio language shall be specific and clearly described as to its application to
the job site, workforce, department or plant;
(j) a
probationary period reasonable in relation to the full apprenticeship term,
with full credit given for such period toward completion of apprenticeship; the
probationary period cannot exceed twenty-five percent of the length of the
program, or one year, whichever is shorter;
(k) adequate
and safe equipment and facilities for training and supervision, and safety
training for apprentices on the job and in related instruction;
(l) the
minimum qualifications required by a sponsor for persons entering the
apprenticeship program, with an eligible starting age not less than 16 years;
(m) the
placement of an apprentice under a written apprenticeship agreement that meets
the requirements of 11.2.3.27 NMAC; the agreement shall directly, or by
reference, incorporate the standards of the program as part of the agreement;
(n) the
granting of advanced standing or credit for previously acquired experience,
training or skills for all applicants equally with commensurate wages for any
progression step so granted; all credit, which is to be granted, shall be
reported to the office of the department in accordance with adopted procedures
and guidelines;
(o) the
transfer of an apprentice between apprenticeship programs and within an
apprenticeship program shall be based on agreement between the apprentice and
the affected apprenticeship committees or program sponsors, and shall comply
with the following requirements:
(i) the transferring apprentice shall be
provided a transcript of related instruction and on-the-job learning by the
committee or program sponsor;
(ii) transfer
shall be to the same occupation; and
(iii) a
new apprenticeship agreement shall be executed when the transfer occurs between
program sponsors;
(p) assurance
of qualified training personnel and adequate supervision on the job;
(q) recognition
for successful completion of apprenticeship evidenced by an appropriate
certificate issued by the department;
(r) program
standards that utilize the competency-based or hybrid approach for progression
through an apprenticeship and that choose to issue interim credentials shall
clearly identify the interim credentials, demonstrate how these credentials
link to the components of the apprenticeable
occupation, and establish the process for assessing an individual apprentice’s
demonstration of competency associated with the particular interim credential;
further, interim credentials shall only be issued for recognized components of
an apprenticeable occupation, thereby linking interim
credentials specifically to the knowledge, skills, and abilities associated
with those components of the apprenticeable
occupation;
(s) identification
of the department;
(t) provision
for the registration, cancellation and deregistration of the program; and for
the prompt submission of any program standard modification or amendment to the
department for approval;
(u) provision
for the registration of apprenticeship agreements, modifications, and
amendments; notice to the SAA of persons who have successfully completed
apprenticeship programs; and notice of transfers, suspensions, and
cancellations of apprenticeship agreements and a statement of the reasons
therefore;
(v) authority
for the cancellation of an apprenticeship agreement during the probationary
period by either party without stated cause; cancellation during the
probationary period will not have an adverse impact on the sponsor’s completion
rate;
(w) a
statement that the program will be conducted, operated, and administered in
conformity with applicable provisions of 11.2.2 NMAC equal opportunity in
apprenticeship state plan;
(x) contact
information (name, address, telephone number, and e-mail address if
appropriate) for the appropriate individual with authority under the program to
receive, process and make disposition of complaints;
(y) recording
and maintenance of all records concerning apprenticeship as may be required by
the OA or the department and other applicable law;
(z) all
standards registered with the department shall contain a provision which states
that the director or his or her designee shall be an ex-officio member, without
vote, of any committee which functions to administer the apprenticeship
program;
(aa) provision
which clearly states that the director or his or her designee shall have the
right to visit all job sites where apprentices may be employed, and apprentice
related instruction classes, in order to determine
compliance with apprenticeship standards; and
(bb) a
written assurance that the sponsor is:
1) aware of the availability of Title 38 educational assistance for
veterans and other eligible individuals; 2) will make a good faith effort to
obtain approval for such educational assistance for each program location that
recruits or employs a veteran or other eligible individual; and 3) will not
deny the application of a qualified apprenticeship applicant who is a veteran
or other individual qualified for Title 38 educational benefits for the purpose
of avoiding making a good faith effort to obtain approval for such benefits.
[11.2.3.23
NMAC – Rp, 11.2.3.23 NMAC, 1/30/2018; A, 1/12/2021]
11.2.3.24 WORK
PROCESSES:
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.
[11.2.3.24
NMAC – Rp, 11.2.3.24 NMAC, 1/30/2018]
11.2.3.25 APPRENTICE
WAGES:
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.
[11.2.3.25
NMAC – Rp, 11.2.3.25 NMAC, 1/30/2018]
11.2.3.26 CERTIFICATE
OF COMPLETION OF APPRENTICESHIP:
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.
[11.2.3.26
NMAC – Rp, 11.2.3.26 NMAC, 1/30/2018]
11.2.3.27 APPRENTICE AGREEMENT: 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;
F. a
statement setting forth a schedule of the work
processes in the occupation or industry division in which the apprentice is to
be trained and the approximate time to be spent at each process;
G. a statement setting forth a schedule of the
graduated scale of wages to be paid to the apprentice and whether or not the
required related instruction is
compensated;
H. statements providing:
(1) for a specific period of probation during which the apprenticeship
agreement may be cancelled by
either party to the agreement upon written notice to the department, without adverse impact on the
sponsor;
(2) that, after the probationary period,
the agreement may be:
(a) cancelled
at the request of the apprentice, or
(b) suspended
or cancelled by the sponsor, for good cause, with due notice to the apprentice
and a reasonable opportunity for corrective action, and with written notice to
the apprentice and to the department of the final action taken;
I. a
reference incorporating as part of the agreement the standards of the
apprenticeship program as they exist on the date of the agreement and as they
exist on the date of the agreement and as they may be amended during the period
of the agreement;
J. a statement that the apprentice will be accorded equal
opportunity in all phases of apprenticeship employment and training, without
discrimination because of race, color, religion, national origin, or sex;
K. contact
information (name,
address, phone, and email if appropriate) of the
appropriate authority designated under the program to receive, process and make
disposition of controversies or differences arising out of the apprenticeship
agreement when the controversies or differences cannot be adjusted locally or
resolved in accordance with the established procedure or applicable collective
bargaining provisions.
[11.2.3.27
NMAC – Rp, 11.2.3.27 NMAC, 1/30/2018]
11.2.3.28 PROGRAM
COMPLIANCE AND DEREGISTRATION PROCEEDINGS:
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 Section 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.
(2) Deregistration
by the department upon reasonable cause:
(a) Deregistration proceedings
may be undertaken when the apprenticeship program is not conducted, operated,
or administered in accordance with the
program’s
registered standards or with the requirements of
this part, including but not limited to: failure to
provide on-the-job learning; failure to provide related instruction; failure to
pay the apprentice a progressively increasing schedule of wages consistent with
the apprentices skills acquired; or persistent and significant failure to
perform successfully. Deregistration proceedings
for violation of equal opportunity requirements must
be processed in accordance with the provisions under 11.2.2 NMAC equal employment opportunity in apprenticeship
state plan.
(b) For purposes of this section, persistent and significant failure to
perform successfully occurs when a program sponsor consistently fails to
register at least one apprentice, shows a pattern of poor quality assessment
results over a period of several years, demonstrates an ongoing pattern of very
low completion rates over a period of several years, or shows no indication of
improvement in the areas identified by the SAA during a review process as
requiring corrective action.
(c) Where it appears
the program is not being operated in accordance with the registered standards
or with requirements of this part, the department must
notify the program sponsor in writing.
(d) The notice sent to the program sponsor’s contact person must:
(i) be sent by
registered or certified mail, with return receipt requested;
(ii) state the shortcoming(s)
and the remedy required;
and
(iii) state that a
determination of reasonable cause for deregistration will be made unless
corrective action is effected within 30 days.
(e) Upon request by the
sponsor for good cause, the 30-day term may be
extended for another 30 days; during the period
for corrective action, the department must assist the sponsor in every reasonable way to achieve
conformity.
(f) If the required
correction is not effected within the allotted time,
the department must send a notice to the sponsor, by
registered or certified mail, return requested, stating the following:
(i) the notice is sent under
this paragraph;
(ii) certain
deficiencies were called to the sponsor’s attention (enumerating them and the remedial measures
requested, with the dates of such occasions and letters),
and the sponsor has failed or refused to take
corrective action;
and
(iii) based
upon the stated deficiencies and failure to remedy them,
a determination has been made that there is reasonable cause to deregister the program and the program may be deregistered
unless, within 15 days of the receipt of this notice, the sponsor requests a
hearing with the department;
(g) If the sponsor does
not request a hearing, the department will deregister the
program.
(h) If the sponsor requests a
hearing, the department will transmit to the administrator
a report containing all pertinent facts and circumstances concerning the noncomformity, including the findings and recommendations
for deregistration, and copies of all relevant documents and records. Statements concerning interviews, meetings,
and conferences will include the time, date, place and persons present, and the
administrator will refer the matter to the office of administrative law judges. An administrative law judge will convene a
hearing in accordance with Subsection D of this section.
(i) Every order of
deregistration must contain a provision that the sponsor must, within 15 days
of the effective date of the order, notify all registered apprentices of the
deregistration of the program; the effective date thereof; that such
cancellation automatically deprives the apprentice of individual registration;
that the deregistration 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.
D. Hearings
for deregistration:
(1) Within 10 days of receipt of a request
for a hearing, the administrator of the OA shall contact the department’s office of administrative law judges to request
the designation of the administrative law judge to preside over the hearing. The administrative law judge shall give reasonable notice
of such hearing by registered mail, return receipt requested, to the
appropriate sponsor. Such notice will include:
(a) a
reasonable time and place of hearing;
(b) a
statement of the provisions of 11.2.3.28 NMAC pursuant to which the
hearing is to be held; and
(c) a
concise statement of the matters pursuant to which the action forming the basis
of the hearing is proposed to be taken.
(2) The procedures contained in 29 CFR 18 will apply to the disposition of the request for hearing except that:
(a) the administrative law judge will receive, and make part of the record, documentary evidence
offered by any party and accepted at the hearing; copies thereof will be made
available by the party submitting the documentary evidence to any party to the
hearing upon request;
(b) technical
rules of evidence will not apply to hearings conducted pursuant to this part,
but rules or principles designed to assure production of the most credible
evidence available and to subject testimony to test by
cross-examination will be applied, where reasonably necessary, by the
administrative law judge conducting the hearing; the administrative law judge may exclude irrelevant,
immaterial, or unduly repetitious evidence.
(3) The
administrative law judge should issue a written decision within 90 days of the
close of the hearing record. The administrative
law judge’s decision constitutes final agency action unless, within 15 days
from receipt of the decision, a party dissatisfied with the decision files a
petition for review with the administrative review board, specifically
identifying the procedure, fact, law or policy to which exception is
taken. Any exception not specifically
urged is deemed to have been waived. A
copy of the petition for review shall be sent to the opposing party at the same
time. Thereafter, the decision of the
administrative law judge remains final agency action unless the administrative
review board, within 30 days of the filing of the petition for review, notifies
the parties that it has accepted the case for review. The administrative review board may set a
briefing schedule or decide the matter on the record. The administrative review board shall decide
any case it accepts for review within 180 days of the close of the record. If not so decided, the administrative law judge’s
decision constitutes final agency action.
E. Reinstatement of program registration: Any apprenticeship program deregistered under Subsection
C of 11.2.3.26 NMAC may be reinstated upon presentation of adequate evidence that the
apprenticeship program is operating in accordance with this part. Such evidence shall be presented to the SAC
for recommendation to the department for reinstatement.
F. Limitations: Nothing in this part or in any apprenticeship agreement shall operate to invalidate:
(1) any apprenticeship provision in any collective bargaining agreement
between employers and employees establishing higher apprenticeship standards;
or
(2) any special provision for veterans, minority persons, or women in the standards, apprentice
qualifications or operation of the program, or in the apprenticeship agreement,
which is not otherwise prohibited by law, executive order, or authorized
regulation.
[11.2.3.28
NMAC – Rp, 11.2.3.28 NMAC, 1/30/2018]
11.2.3.29 ENERGY TRANSITION ACT COMPLIANCE:
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, the United
States department of labor, OA, or another SAA if reciprocity was previously
granted. Apprenticeship programs must be
registered 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.
C. NMDWS
shall be responsible for monitoring the project for the appropriate level of
apprentices on the project and ensuring compliance.
(1) Upon
receiving a notice to proceed for construction of such a project, the general
contractor shall submit a compliance plan including an outline for how the
contractor and subcontractors of any tier will meet the required number of
apprentices for the project and a list of subcontractors to NMDWS within 10
days of the award. The list of
subcontractors shall be updated quarterly.
(2) Once
a quarter, the general contractor and all subcontractors of any tier shall
provide a report to NMDWS of payroll records for all construction craft
employees including name, address, employee classification, hours worked and wage and fringe benefits paid to the employee.
(3) If
it is determined by NMDWS that a contractor or subcontractor is not compliant
with these provisions, NMDWS shall issue a notice of non-compliance. The contractor or subcontractor shall have 10
days to become compliant.
(4) Failure
of a contractor to comply with the requirement for utilizing the required
apprenticeship percentage will result in a referral to the Public Regulatory
Commission advising the Commission that the project is not in compliance with
the provisions of the Energy Transition Act.
D. NMDWS will continue to encourage
diversity among apprenticeship program participants, participation by the
underrepresented in the industry associated with that apprenticeship program
and participation from disadvantaged communities.
[11.2.3.29 NMAC – N, 1/1/2020; A,
7/31/2023]
11.2.3.30 UNEMPLOYMENT ELIGIBILITY:
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.
[11.2.3.30
NMAC – N, 1/12/2021]
HISTORY OF 11.2.3 NMAC:
Pre-NMAC History: The material in this part was derived from
that previously filed with the State Records Center under:
SLC 77-1, New Mexico
State Apprenticeship Council, Policy Manual, 6/7/1977.
SLC 78-1, New Mexico
State Apprenticeship Council, Policy Manual, 2/21/1978.
SLC 78-2, New Mexico
State Apprenticeship Council, Policy Manual, 8/17/1978.
SLC (NMSAC) 84-1, New
Mexico State Apprenticeship Council, Policy Manual, 7/26/84.
NMAC History:
11 NMAC 2.3, New Mexico
State Apprenticeship Council, Policy Manual, 4/9/1997.
11 NMAC 2.3, New Mexico
State Apprenticeship Council, Policy Manual, 11/26/1997.
History of Repealed
Material: [RESERVED]