New Mexico Administrative Code

A. Minimum activities required: Where a sponsor has found underutilization and established a utilization goal for a specific group or groups pursuant to 11.2.2.11 NMAC or where a sponsor has determined pursuant to Subsection F of 11.2.2.12 NMAC that there are problem areas result…

A. As part of its affirmative action program, the sponsor must, for each registered apprenticeship program, engage in an annual review of its personnel processes related to the administration of the apprenticeship program to ensure that the sponsor is operating an apprenticeship …

A. A sponsor's procedures for selection of apprentices must be included in the written plan for Standards of Apprenticeship submitted to and approved by the department, as required under 11.2.3.23 NMAC. B. Sponsors may utilize any method or combination of methods for selection of…

A. Pre-offer: (1) A sponsor adopting an affirmative action program pursuant to 11.2.2.9 NMAC must invite applicants for apprenticeship to inform the sponsor whether the applicant believes that he or she is an individual with a disability as defined in Subsection G of 11.2.2.7 NMA…

A. General obligation: Each sponsor must collect such data and maintain such records as the department finds necessary to determine whether the sponsor has complied or is complying with the requirements of this part. Such records must include, but are not limited to records relat…

A. Conduct compliance reviews: The department will regularly conduct EEO compliance reviews to determine if the sponsor maintains compliance with this part, and will also conduct EEO compliance reviews when circumstances so warrant. An EEO compliance review may consist of, but is…

A. Requirements for individuals filing complaints. (1) Who may file: Any individual who believes that he or she has been or is being discriminated against on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or d…

All apprenticeship programs registered with the New Mexico department of workforce solutions.

Where the department, as a result of a compliance review, complaint investigation, or other reason, determines that the sponsor is not operating its apprenticeship program in accordance with this part, the department must notify the sponsor in writing of the specific violation(s)…

An apprenticeship program that has been deregistered pursuant to this part may be reinstated by the registration agency upon presentation of adequate evidence that the apprenticeship program is operating in accordance with this part.

A. A participant in an apprenticeship program may not be intimidated, threatened, coerced, retaliated against, or discriminated against because the individual has: (1) filed a complaint alleging a violation of this part; (2) opposed a practice prohibited by the provisions of this…

Requests for exemption from these regulations, or any part thereof, shall be made in writing to the department and must contain a statement of reasons supporting the request. Exemptions may be granted for good cause by the department. The department must receive approval to grant…

Sections 50-7-1 through 50-7-7 NMSA 1978.

Permanent

November 1, 2018, unless a later date is written at the end of section.

Scope and purpose. This plan sets forth policies and procedures to promote equality of opportunity in apprenticeship programs registered with the New Mexico department of workforce solutions. These policies and procedures apply to the recruitment and selection of apprentices, and…

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 emplo…

A. Discrimination prohibited: (1) It is unlawful for a sponsor of a registered apprenticeship program to discriminate against an apprentice or applicant for apprenticeship on the basis of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic …

A. Definition and purpose. As used in this part: (1) An affirmative action program is designed to ensure equal opportunity and prevent discrimination in apprenticeship programs. An affirmative action program is more than mere passive nondiscrimination. Such a program requires the…

New Mexico Department of Workforce Solutions (DWS)

Technical assistance is vital in addressing performance and encouraging an environment of continuous improvement. The state administrative entity will assist the local board or sub-recipient with identification of technical assistance resources upon request. Subject to the availa…

[RESERVED]

Inquiries regarding this policy should be directed to the New Mexico DWS/state administrative entity.

Sstate board chair, DWS/state administrative entity, local board chairs, local administrative entities, local board sub-recipients, DWS/state administrative legal counsel, United States department of labor employment and training administration federal representative, and the New…

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-recipi…

Title I of the Workforce Innovation and Opportunity Act (WIOA), 29 U.S.C. Chapter 32, Subchapter I; and 50-14-1 et seq. 1978 NMSA.

Permanent.

July 1, 2018, unless a later date is cited at the end of a section.

To provide comprehensive guidelines for local boards, sub-recipients, and contract service providers on corrective actions, technical assistance, incentives, sanctions, and appeal policies and procedures to be used by DWS in overseeing and monitoring the administration of WIOA fo…

A. General. Failure to ensure compliance with one or more contracted performance measures, grant agreement provisions, federal or state law, federal regulations, or federal or state technical assistance guidance, is considered a sanctionable act or acts. DWS may assess corrective…

A. Sanction Status. The purpose of imposing sanctions is to ensure accountability of local boards and other sub-recipients in meeting the needs of employers and job seekers, ensure performance in reaching outcome measures, ensure adequate return on New Mexico investments, and sup…

A. Final determination appeals. All final determinations issued by DWS may be appealed pursuant to the process provided in Subpart F of Section 20 CFR 683 . A local board or sub-recipient may appeal a sanction determination by filing a written request with the DWS cabinet secreta…

New Mexico Department of Workforce Solutions (DWS)

A. Equal opportunity complaints. (1) WIOA prohibits discrimination on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including limited English proficiency), age, …

A. Program complaints against local WIOA programs and policies. (1) Who may file. Applicants, participants, service providers, recipients and other interested parties may file a complaint alleging a non-criminal violation of local WIOA programs, agreements or the local workforce …

Information and complaints involving criminal fraud, waste, abuse or other criminal activity shall be reported immediately to the state administrative entity or to the Regional Inspector General for Investigations, U.S. Department of Labor, 525 Griffin Street, Dallas, TX 75202 wi…

[RESERVED]

Inquiries regarding this rule should be directed to the New Mexico department of workforce solutions/state administrative entity.

State board chair, DWS/state administrative entity, local board chairs, local administrative entities, local board sub-recipients, DWS/state administrative legal counsel, United States department of labor employment and training administration federal representative, and, the New…

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-recipi…

Title I of the Workforce Innovation and Opportunity Act (WIOA) 29 USC Subchapter I of Chapter 32, and 50-14-1 et seq. 1978 NMSA.

Permanent.

July 1, 2018, unless a later date is cited at the end of a section.

To establish procedures for processing grievances and complaints as required by WIOA. These procedures apply to all levels of the New Mexico workforce system and covers equal opportunity (EO) requirements, discrimination EO grievances, state and local WIOA complaints, and crimina…

29 C.F.R. Section 37.4 contains the definitions of the terms used in the implementation of nondiscrimination and equal opportunity requirements of WIOA. For convenience, some of the definitions found in that section are listed below. If a conflict exists between terminology, as d…

Section 188 of WIOA prohibits discrimination on the basis of race, color, religion, sex, national origin, age, disability, or political affiliation or belief or, for any beneficiaries, applicants, and participants only, on the basis of citizenship status as a lawfully admitted im…

References include the following: Workforce Innovation and Opportunity Act (WIOA), 29 CFR, Part 38, 20 CFR Section 667.275, 20 CFR Section 667.600(g)(1)(2) and Training and Employment Information Notice (TEIN) No. 16-99. A. Recipient requirements. Recipients of WIOA Title I feder…

New Mexico Department of Workforce Solutions, as the State Apprenticeship Agency.

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 …

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 app…