New Mexico Register
/ Volume XXXV, Issue 18 / September 24, 2024
This is an amendment to 11.2.31
NMAC Sections 8, 9, 10 and 11 effective 09/24/2024.
11.2.31.8 APPRENTICESHIP AND TRAINING
ADVISORY [COMMITTE] COMMITTEE:
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] Recommended 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; A, 09/24/2024]
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] Develop and publish a
procedures manual, [that] which may be updated, and 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] a public meeting to be held no later than February
28th for approving the procedures and application process;
(4) the
date for [the] at least one public meeting to be held no later
than March 30th to conduct [the] a mandatory technical assistance
workshop for prospective applicants and the details of any additional
mandatory technical assistance workshops; 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; provided,
however, that nothing in this section prohibits the department from conducting
additional public meetings to approve applicants at other times during the year.
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; A, 09/24/2024]
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. Programs may
request from the department an exception to this requirement. The request shall include the reason for the
exception, a description of how the apprentice will demonstrate mastery of the
content, and a description of the system that verifies the apprentice’s
participation in the instruction and mastery of the content.
G. Require a
representative from any program applicant to appear [in person at the] at
a mandatory technical assistance workshop for prospective applicants and at
[the] a mandatory application approval meeting ,
except as provided in Subsection C of 11.2.31.11 NMAC.
H. Contain sections
requesting information for
funding requests, 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 requests 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; A, 09/24/2024]
11.2.31.11 PROCESS FOR APPLICATION AND [EXPENDETURE]
EXPENDITURE 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’] department’s 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 program representative [from the
program applicant] must appear [in person] at [the] a
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; provided,
however, that if any applicant notifies the department in advance of the
mandatory workshop or meeting that attendance is impracticable due to
extenuating circumstances, the department may excuse the applicant from the
workshop or meeting conditioned upon the applicant’s participation in an
individual technical assistance meeting.
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] using electronic communication technology [when it is
otherwise difficult or impossible for the participant to attend the meeting in
person] shall be allowed as applicable and available when otherwise it
is difficult or impossible for the participant to attend the meeting in person,
provided that each person participating [by conference telephone or other
communications equipment] via electronic communication [can
be] shall be identified, particularly when speaking, and all
participants [are] shall be able to hear each other and [members
of the public attending the meeting are able to hear any person speaking] other
meeting attendees. [; 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; A, 09/24/2024]