Current through Register Vol. 35, No. 18, September 24, 2024
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; i.e.,
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.