TITLE 11 LABOR AND WORKERS’ COMPENSATION
CHAPTER 2 JOB TRAINING
PART 31 APPRENTICESHIP ASSISTANCE
11.2.31.1 ISSUING AGENCY:
Department of Workforce Solutions.
[11.2.31.1 NMAC - Rp, 11.2.31.1 NMAC,
3/31/2016]
11.2.31.2 SCOPE: All New Mexico registered apprenticeship
programs that develop skilled craftsmen in occupations recognized by the
department of workforce solutions.
[11.2.31.2 NMAC - Rp, 11.2.31.2 NMAC,
3/31/2016]
11.2.31.3 STATUTORY AUTHORITY:
22-2-1, 22-2-2, 21-19A-6 NMSA 1978.
[11.2.31.3 NMAC - Rp, 11.2.31.3 NMAC,
3/31/2016]
11.2.31.4 DURATION: Permanent.
[11.2.31.4 NMAC - Rp, 11.2.31.4 NMAC,
3/31/2016]
11.2.31.5 EFFECTIVE DATE:
March 31, 2016, unless a later date is cited at the end of a section.
[11.2.31.5 NMAC - Rp, 11.2.31.5 NMAC,
3/31/2016]
11.2.31.6 OBJECTIVE:
To set forth requirements and processes by which an apprenticeship
program shall receive assistance through the department of workforce solutions
relating to 21-19A-2 et seq
NMSA 1978.
[11.2.31.6 NMAC - Rp, 11.2.31.6 NMAC,
3/31/2016]
11.2.31.7 DEFINITIONS:
A. “Advisory
committee” means the apprenticeship and training advisory committee to the
division.
B. “Applicant”
means an entity desiring to file for Apprenticeship Assistance Act funding.
C. “Apprentice”
means a person at least 16 years old who is approved by the department of
workforce solutions and is covered by a written apprenticeship agreement with a
registered apprenticeship program in any trade or occupation.
D. “Apprenticeable trades or occupations” mean
those trades or occupations officially recognized by the department of
workforce solutions.
E. “Apprenticeship”
means a formal educational method for training a person in a skilled trade or
occupation that combines supervised employment with related instruction.
F. “Apprenticeship
agreement” means a written agreement between an apprentice and a registered
apprenticeship program, which agreement contains the terms and conditions of
the employment and training of the apprentice identified in 21-19A-5.C NMSA
1978.
G. “Apprenticeship
committee” means the sponsoring committee of each apprenticeable
craft or occupation that is responsible for that particular apprenticeship
program.
H. “Apprenticeship
standards” means those standards that are registered and approved by the
department of workforce solutions or the United States department of labor,
office of apprenticeship.
I. “Chair”
means the director for apprenticeship of the department of workforce solutions
who shall chair the apprenticeship training and advisory committee (ATAC)
meetings.
J. “Department” means the department of
workforce solutions.
K. “Director”
means the director for apprenticeship of the department of workforce solutions.
L. “Division”
means the labor relations division of the department of workforce solutions.
M. “Journeyworker” means an individual who has
documented sufficient skills and knowledge of a trade, craft or occupation,
either through formal apprenticeship or through practical on-the-job experience,
and formal training. This individual is
recognized by the state or his/her employer, as being fully qualified to
perform the work of the trade, craft or occupation.
N. “Procedures manual” means the manual maintained by the
department of workforce solutions that contains the administrative procedures,
forms formulas, reports and other requirements necessary for approval and
distribution of funds provided by the Apprenticeship Assistance Act.
O. “Office of apprenticeship” 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.
P. “Registered
apprenticeship program” means a program registered by the department of
workforce solutions or the office of apprenticeship.
Q. “Related
instruction” means the organized, off-the-job instruction in theoretical or
technical subjects required for the completion of an apprenticeship for a
particular apprenticeable trade or occupation.
R. “Reserved
funds” mean funds not obligated on March 1 of the current fiscal year.
S. “Secretary” means the
secretary of the department of workforce solutions.
T. “Supplementary
instruction”
means new or upgraded skill training for those already employed as journeyworkers.
[11.2.31.7 NMAC - Rp, 11.2.31.7 NMAC,
3/31/2016]
11.2.31.8 APPRENTICESHIP AND TRAINING ADVISORY COMMITTE: The
apprenticeship and training advisory committee shall provide input to the
director for apprenticeship of the department of workforce solutions regarding:
A. The
administration of funds provided by the Apprenticeship Assistance Act to assist
apprenticeship programs.
B. Recommend
request for legislative appropriation of state funds for apprenticeship
training.
C. Modifications
to the application process and procedures manual.
D. Funding
formulas for distributing available funds that shall be uniformly applied to
all registered apprenticeship programs based on data contained in the
apprenticeship-related instruction cost study required by Section 21-19A-10
NMSA 1978.
E. Development
of a program and fiscal year calendar.
[11.2.31.8 NMAC - N, 3/31/2016]
11.2.31.9 THE DEPARTMENT OF WORKFORCE SOLUTIONS: The department of workforce solutions
shall have sole control over the disbursement of funds appropriated under the
Apprenticeship Assistance Act and shall:
A. Receive
input from the apprenticeship and training advisory committee regarding the
administration of funds provided by the Apprenticeship Assistance Act to assist
apprenticeship programs.
B. Annually
develop and publish a procedures manual that shall include;
(1) a current calendar with the dates for
apprenticeship meetings, quarterly reports, regulatory deadlines and any other
significant items;
(2) an application form for requesting Apprenticeship Assistance
Act funds;
(3) the date for the public meeting to be held no later than
February 28th for approving the procedures and application process;
(4) the
date for the public meeting to be held no later than March 30th to conduct the
mandatory technical assistance workshop for prospective applicants; and
(5) the
date for the public meeting to be held no later than May 30th to approve
applicants for receipt of Apprenticeship Assistance Act funds.
C. Develop
uniform formulas for the distribution of available funds to registered
apprenticeship programs.
D. Evaluate
allocated funds throughout the fiscal year for possible redistribution to all
participating programs as provided in the Apprenticeship Assistance Act.
E. Review
reimbursement claims for accuracy and to ensure that all funded programs have
sufficient records to allow for audits in accordance with the Apprenticeship
Assistance Act.
F. Finalize
grant agreements with all funded programs.
[11.2.31.9 NMAC - N, 3/31/2016]
11.2.31.10 APPLICATION: The
department of workforce solutions shall develop an application that shall:
A. Comply with criteria for apprenticeship programs as outlined in the Apprenticeship Assistance Act.
B. Require any program applicant to have a minimum of a one year’s registration with the department of workforce solutions office of apprenticeship and at least one apprentice at the time the application is submitted.
C. Provide that requested funding shall be calculated based on the number of total related instruction contact hours multiplied by the approved hourly rate, not to exceed two hundred twenty hours per participant per year.
D. Require any program applicant to maintain a certificate of registration from the New Mexico taxation and revenue department and be licensed to do business in New Mexico.
E. Provide that requested funding shall be calculated using only those apprentices registered and in training at the time of application; the number of approved apprentices being applied for must be equal to or less than the total number of apprentices registered and in training at the time of application.
F. Provide that all programs have a structured component for related instruction with a minimum of four hours of direct in person contact with an instructor per month.
G. Require a representative from any program applicant to appear in person at the mandatory technical assistance workshop for prospective applicants and at the mandatory application approval meeting.
H. Contain sections requesting information for funding request, a funding survey and an acknowledgment of the department of workforce solutions’ policies and procedures.
I. Provide that no funds shall be distributed to an apprenticeship program until the program has timely filed all reports required by the Apprenticeship Assistance Act and the department of workforce solutions.
J. Require any program applicant to respond to request for additional information that the department of workforce solutions regards as necessary to clarify issues identified in the application or expenditure of Apprenticeship Assistance Act funds.
[11.2.31.10 NMAC - N, 3/31/2016]
11.2.31.11 PROCESS FOR APPLICATION AND EXPENDETURE
OF FUNDS:
A. To
increase transparency and expedite the transmission of necessary information
the department of workforce solutions will publish and maintain on the
department of workforce solutions’ website the current calendar, application
form for Apprenticeship Assistance Act funds and a procedures manual that
contains all the required forms developed by the department of workforce
solutions.
B. Program
applicants
to be eligible for consideration for Apprenticeship Assistance Act funds in the
fiscal year shall submit their applications to the director by the deadline
specified in the department of workforce solutions’ procedures manual.
C. A representative from the program applicant must appear in person at
the mandatory technical assistance workshop for prospective applicants and at
the mandatory application approval meeting to be eligible for consideration for
funding in the fiscal year.
D. If
the director of apprenticeship for the department of workforce solutions denies
an application or approves the application with conditions, the director shall:
(1) state the reasons for the denial or imposition of conditions
in writing within three (3) days of the meeting at which the application was
denied or conditions imposed;
(2) a program applicant whose application was denied or approved
with conditions that are unacceptable to the program applicant may appeal the
decision to the secretary within three (3) days of the receipt of the notice of
the denial or imposition of conditions;
(3) within three (3) days of receipt of the notice of appeal,
the secretary shall meet with the program applicant and review the director of
apprenticeship’s decision that denied the application or approved it with
conditions;
(4) the secretary may affirm the decision of the director of
apprenticeship or reverse the decision with or without the imposition of
conditions; and
(5) the secretary’s decision shall be final and binding on the
program applicant.
E. All
approved program applicants shall comply with the following requirements by the
dates specified in the department of workforce solutions’ procedures manual:
(1) complete and sign a grant agreement;
(2) submit quarterly claims for reimbursement;
(3) submit a mid-year survey; and
(4) comply with all other requirements of the procedures manual.
F. Participation
in any apprenticeship assistance act meeting of the department of workforce
solutions by means of a conference telephone or other communications equipment
when it is otherwise difficult or impossible for the participant to attend the
meeting in person shall be allowed, provided that each person participating by
conference telephone or other communications equipment can be identified when
speaking, all participants are able to hear each other and members of the
public attending the meeting are able to hear any person speaking; except that a representative from any program applicant shall appear in person
at the mandatory technical assistance workshop for prospective applicants and
at the mandatory application approval meeting.
[11.2.31.11 NMAC - N, 3/31/2016]
HISTORY OF 11.2.31 NMAC:
History of Repealed Material:
11.2.31 NMAC,
Apprenticeship Assistance, filed 12/31/09 - repealed 3/31/16 by the Public
Education Department, refiled by the Department of Workforce Solutions
effective 3/31/16.