New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 2 - JOB TRAINING
Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE
Section 11.2.4.14 - LOCAL BOARD CERTIFICATION
Universal Citation: 11 NM Admin Code 11.2.4.14
Current through Register Vol. 35, No. 18, September 24, 2024
A. Initial certification. DWS must certify the composition of each local board in the state.
B. Subsequent certification. Upon completion of initial certification, DWS must recertify local boards every two years.
C. Certification criteria.
(1) Initial
certification criteria. Initial certification shall be based on criteria
established under WIOA section 107, including compliance with membership,
appointment process, chairmanship, and standing committee
requirements.
(2) Subsequent
certification criteria. Subsequent certification shall be based on the initial
certification criteria, as well as the extent to which the local board has
ensured that workforce investment activities carried out in the local area have
enabled the local area to meet the corresponding performance accountability
measures and achieved sustained fiscal integrity, as defined in WIOA section
106, and as outlined in the local board grant agreement.
(a) If a local board meets all membership
requirements, but fails to meet performance measures and outcomes,
certification will be granted for only a one-year review period, instead of a
two-year period.
(b) At the end of
the one-year review period, the recertification process will be repeated with
an updated review of performance and membership composition. If this review
shows the local board is meeting all performance measures and outcomes, a
two-year certification will be granted.
(c) During the two-year certification period,
if more than ten percent of the local board membership is removed for cause, a
recertification shall occur to ensure membership compliance and board
stability.
D. Decertification.
(1) Conditions for
decertification. A local board is subject to decertification under the
following conditions:
(a) failure to meet all
local board certification requirements;
(b) failure to carry out required functions
of the local board;
(c) fraud;
or
(d) abuse.
(2) Performance and decertification. If a
local board has already been placed on a one-year review period due to lack of
meeting performance measures and outcomes, and fails to meet performance
measures and outcomes for a second year, the local board may be
decertified.
(3) Notice and
comment. A written notice and opportunity for comment will be provided prior to
decertification.
(4) Reorganization
plan. Per WIOA section 107, if a local board is decertified, DWS, acting on
behalf of the governor, may require a new local board be appointed and
certified for the local area pursuant to a reorganization plan developed by
DWS, in consultation with the CEOs in the local area and in accordance with the
certification criteria referred to in this policy.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
