New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS
Part 51 - DEVELOPMENT EMPLOYMENT FUNDING FOR FILM AND MULTIMEDIA PRODUCTION COMPANIES
Section 5.5.51.11 - COMPANY ELIGIBILITY AND ADMINISTRATIVE REQUIREMENTS
Universal Citation: 5 NM Admin Code 5.5.51.11
Current through Register Vol. 35, No. 18, September 24, 2024
A. The following shall apply for FCAP for physical production:
(1) Company
shall submit the JTIP for film and multimedia application part one for FCAP
prior to when training begins.
(2)
Company shall enter into a contract as outlined by the New Mexico film
division; the term of the contract shall be based on a time period which shall
allow the contractor (company) to complete its obligation to hire and provide
on-the-job training opportunities for the qualified individuals and complete
paperwork involved.
(3) The
approval of this contractual agreement from the New Mexico film division and
the chairperson of the job training incentive program (JTIP) board shall grant
funding to the contractor for the purpose of conducting this
training.
(4) Company shall have a
local office where claims and paperwork shall be processed or a designee shall
be available to conduct the appropriate paperwork.
(5) The company shall provide a proposal and
application to the New Mexico film division and the documents noted within to
be considered for the training reimbursement.
(6) Company entering into a contractual
agreement with the New Mexico film division shall return the program
contractual agreement and program application to the New Mexico film division.
This contract will be requested by the New Mexico film division prior to
principal photography.
(7)
Completed FCAP trainee applications shall be submitted to the New Mexico film
division by the company.
(8)
Company is subject to compliance reviews throughout the term of the contract;
the compliance review shall consist of program and fiscal surveys.
(9) Company reimbursement shall not exceed
fifty percent of the trainees' rates for up to 1,040 hours per
participant.
(10) Company shall
submit time records and reimbursement invoices as established by the New Mexico
film division, which is the payment agent.
(11) The participating company shall submit
forms and reports as established by the New Mexico film division which may
include:
(a) JTIP for film & multimedia
application part one for FCAP;
(b)
department of finance and administration (DFA) tax information form or federal
tax information form;
(c) JTIP for
film & multimedia application part two for FCAP;
(d) JTIP for film & multimedia agreement
for FCAP;
(e) industry top sheet of
budget;
(f) FCAP participant
applications and resumes;
(g) a
production's crew list or production report or equivalent as determined by the
New Mexico film division;
(h) a
minimum of one call sheet or production report or equivalent as determined by
the New Mexico film division;
(i)
payroll reports for each qualified trainee that verify hours worked and all
rates per hours; and
(j) a claim or
invoice.
(12) All
paperwork and forms shall be submitted to the development training program
administrator or manager of the New Mexico film division.
(13) Companies that fail to comply with all
established operating requirements and closeout procedures are not eligible for
funding and may not be eligible to apply for future participation.
(14) The company shall submit paperwork
including the claim or invoice to the development training program
administrator or manager of the New Mexico film division.
(15) Total project budget shall be equal to
or greater than two-hundred thousand dollars ($200,000.00), but shall not
exceed two million dollars ($2,000,000.00); or
(16) Where the total project budget exceeds
two million dollars ($2,000,000.00), companies shall employ eight New Mexico
residents in standard first level or key job positions or higher level job
positions in a minimum of six different craft departments as determined by the
New Mexico film division.
B. The following shall apply to FCAP for qualifying permanent companies:
(1) Company shall submit the JTIP for film
& multimedia application part one for FCAP prior to when training
begins.
(2) Company shall enter
into a contract as outlined by the New Mexico film division of the New Mexico
economic development department; the term of the contract shall be based on a
time period which shall allow the contractor (company) to complete its
obligation to hire and provide on-the-job training opportunities for the
qualified individuals and complete paperwork involved.
(3) The approval of this contractual
agreement from the New Mexico film division and the chairperson of the job
training incentive program (JTIP) board shall grant funding to the contractor
for the purpose of conducting this training.
(4) Company shall have a local office where
claims and paperwork shall be processed or a designee shall be available to
conduct the appropriate paperwork.
(5) The company shall provide a proposal and
application to the New Mexico film division and the documents noted within to
be considered for the training reimbursement.
(6) Company entering into a contractual
agreement with the New Mexico film division shall return the program
contractual agreement and program application to the New Mexico film division.
This contract will be requested by the New Mexico film division prior to
training begins.
(7) Completed FCAP
trainee applications shall be submitted to the New Mexico film division by the
company.
(8) Company is subject to
compliance reviews throughout the term of the contract; the compliance review
shall consist of program and fiscal surveys.
(9) Company reimbursement shall not exceed
fifty percent of the trainees' rates for up to 1,040 hours per
participant.
(10) Company shall
submit time records and reimbursement invoices as established by the New Mexico
film division, which is the payment agent.
(11) The participating company shall submit
forms and reports as established by the New Mexico film division, which may
include:
(a) JTIP for film & multimedia
application part one for FCAP;
(b)
department of finance and administration (DFA) tax information form or federal
tax information form;
(c) JTIP for
film & multimedia application part two for FCAP;
(d) JTIP for film & multimedia agreement
for FCAP;
(e) industry top sheet of
budget;
(f) FCAP participant
applications and resumes;
(g) a
production's crew list or production report or equivalent as determined by the
New Mexico film division;
(h) a
minimum of one call sheet or production report or equivalent as determined by
the New Mexico film division;
(i)
payroll reports for each qualified trainee that verify hours worked and all
rates per hours;
(j) a claim or
invoice;
(k) company shall submit
financials for the period for which they are available to include: company
business plan, pro forma financial statements, tax returns, evidence of
operating capital and investment funding, evidence of signed contracts, and
sales projections which would substantiate their business expansion and
sustainability;
(l) company shall
submit overview documents to include: background/history, target markets, NM
operations summary, equal employment statement and supplemental information;
and
(m) a training plan, job
description of duties and responsibilities for each applicant and estimated job
wage per JTIP manufacturing job zone and job description.
(12) All paperwork and forms shall be
submitted to the development training program administrator or manager of the
New Mexico film division.
(13)
Companies that fail to comply with all established operating requirements and
closeout procedures are not eligible for funding and may not be eligible to
apply for future participation.
(14) The company shall submit paperwork
including the claim or invoice to the development training program
administrator or manager of the New Mexico film division.
(15) Each trainee shall complete 1,040 hours
to qualify.
C. The following shall apply for FCAP for qualifying permanent emerging media and digital media companies:
(1)
Company shall submit the JTIP for film & multimedia application part one
for FCAP prior to when training begins.
(2) Company shall enter into a contract as
outlined by the New Mexico film division of the New Mexico economic development
department; the term of the contract shall be based on a time period which
shall allow the contractor (company) to complete its obligation to hire and
provide on-the-job training opportunities for the qualified individuals and
complete paperwork involved.
(3)
The approval of this contractual agreement from the New Mexico film division
and the chairperson of the job training incentive program (JTIP) board shall
grant funding to the contractor for the purpose of conducting this
training.
(4) Company shall have a
local office where claims and paperwork shall be processed or a designee shall
be available to conduct the appropriate paperwork.
(5) The company shall provide a proposal and
application to the New Mexico film division and the documents noted within to
be considered for the training reimbursement.
(6) Company entering into a contractual
agreement with the New Mexico film division of the New Mexico economic
development department shall return the program contractual agreement and
program application to the New Mexico film division. This contract will be
requested by the New Mexico film division prior to principal
photography.
(7) Completed FCAP
trainee applications shall be submitted to the New Mexico film division by the
company.
(8) Company is subject to
compliance reviews throughout the term of the contract; the compliance review
shall consist of program and fiscal surveys.
(9) Company reimbursement shall not exceed
fifty percent of the trainees' rates for up to 640 hours per
participant.
(10) Company shall
submit time records and reimbursement invoices as established by the New Mexico
film division of the New Mexico economic development department, which is the
payment agent.
(11) The
participating company shall submit forms and reports as established by the New
Mexico film division of the New Mexico economic development department which
may include:
(a) JTIP for film &
multimedia application part one for FCAP;
(b) department of finance and administration
(DFA) tax information form or federal tax information form;
(c) JTIP for film & multimedia
application part two for FCAP;
(d)
JTIP for film & multimedia agreement for FCAP;
(e) industry top sheet of budget;
(f) FCAP participant applications and
resumes;
(g) a production's crew
list or production report or equivalent as determined by the New Mexico film
division;
(h) a minimum of one call
sheet or production report or equivalent as determined by the New Mexico film
division;
(i) payroll reports for
each qualified trainee that verify hours worked and all rates per
hours;
(j) a claim or
invoice;
(k) company shall submit
financials for the period for which they are available to include: company
business plan, pro forma financial statements, tax returns, evidence of
operating capital and investment funding, evidence of signed contracts, and
sales projections which would substantiate their business expansion and
sustainability;
(l) company shall
submit overview documents to include: background/history, target markets, NM
operations summary, equal employment statement and supplemental information;
and
(m) a training plan, job
description of duties and responsibilities for each applicant and estimated job
wage per JTIP manufacturing job zone and job description.
(12) All paperwork and forms shall be
submitted to the development training program administrator or manager of the
New Mexico film division.
(13)
Companies that fail to comply with all established operating requirements and
closeout procedures are not eligible for funding and may not be eligible to
apply for future participation.
(14) The company shall submit paperwork
including the claim or invoice to the development training program
administrator or manager of the New Mexico film division.
(15) Each trainee shall complete up to 640
hours to qualify.
(16) Qualifying
companies must be creating new jobs as a result of expansion, startup or
relocation to the state of New Mexico. The company shall be financially stable
to ensure training opportunities as determined by the New Mexico film
division.
(17) An approved company
may participate more than once in this program if the company is able to show
expansion of employees or has hired a recent participating trainee.
(18) Company shall ensure that the trainee's
pay rate shall be consistent throughout training and meet applicable minimum
wage ordinances per JTIP job zone and job descriptions.
(19) Company shall qualify trainees based on
additional criteria required by the company.
(20) Number of trainees permissible:
(a) Companies with five or fewer full-time
employees at a given time may train two participants for up to 640
hours.
(b) Companies with five or
more full-time employees at a given time may train four participants for up to
640 hours.
(21) Training
of each participant shall not exceed one semester or 16 weeks.
(22) Company shall only allow a trainee to
participate one time in the program. A trainee who has participated in the
program previously for any company shall not be approved unless the company and
trainee can demonstrate to the satisfaction of the New Mexico film division,
which the training applies to a new skill set and a new job position.
(23) Companies approved for reimbursement
though this program shall not be approved for any other JTIP for film and
multimedia programs; however, they may apply to JTIP manufacturing if they meet
that program's requirements.
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.
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