Current through Register Vol. 35, No. 18, September 24, 2024
A. Position allocation.
(1) The department will follow an equitable
distribution plan pursuant to Section 507 of the Older Americans Act and
20 CFR Sections
641.140,
641.360,
641.365 and
641.879 (as amended) and endeavor
to allocate positions to each county in New Mexico based on the projected
percentage of individuals meeting the eligibility requirements of this
section.
(2) When allocating
positions, the equitable distribution of all senior community service
employment program resources available through federal contractors operating in
New Mexico will be considered.
(3)
When a participant exits subsidized on-the-job training and a vacancy occurs,
the vacant position is removed from the host agency and will be placed in a
statewide pool and reassigned as follows:
(a)
any inequities in the equitable distribution plan will be noted and the most
under-served counties will have priority to receive the position;
(b) applicants will be sought or taken from a
waiting list, if one exists;
(c)
federally-mandated priorities and preferences will be implemented in accordance
with Section 518 of the OLDER AMERICANS ACT and
20 CFR Sections
641.515 through
641.530 (as amended);
(d) chosen applicants will be assessed for
their employment goals;
(e) host
agencies that provide training which matches applicant goals will be
chosen;
(f) in the event of more
than one host agency that matches applicant goals, priority will be given to
the host agency that demonstrates ability to provide training resulting in the
unsubsidized employment of participants.
B. Eligibility requirements are:
(1) an applicant shall be 55 years of age or
older in order to be determined eligible, no applicant may be determined
ineligible because of advanced age, and no upper age limitation may be
used;
(2) an applicant's income
shall meet the eligibility requirements specified in the Older Americans Act in
order to be determined eligible;
(3) an applicant shall be a resident of New
Mexico, unless a cross-border agreement with a neighboring state exists, in
order to be determined eligible;
(4) any additional requirements of the Older
Americans Act, such as that an applicant be unemployed, will be implemented;
and
(5) after completing an
application, an applicant may need to disclose additional information or submit
to additional screening in order to qualify for a specific placement at the
discretion of the department and the host agency, including, but not limited
to: background checks or proof of applicable licensure; (for example, work with
young children or vulnerable adults may require a criminal background check,
large vehicle operation may require a special driver's license, operation of
heavy equipment or lifting heavy loads may require additional medical
disclosure) failure to fully disclose information relevant to meeting the
qualifications for a position may result in termination, change, or lack of
placement.
C. An
eligible applicant who has been accepted as a participant shall be offered a
physical examination at the time of enrollment and annually thereafter. The
participant may waive this benefit and shall do so in writing.
D. Senior community service employment
program trainee participants are excluded from membership in the public
employees retirement association.
E. Eligible participants shall be placed in
on-the-job training positions that provide community service. Participants may
not engage in political activities pursuant to Older Americans Act Section 502
(b)(1)(P) implemented at 20
CFR Section 641.836 (as amended).
F. Wages shall be at least the prevailing
federal, state or local minimum wage, whichever is higher.
G. In compliance with the Fair Labor
Standards Act of 1938, 29 U.S.C. Chapter 8 Section 201 et seq. (as amended),
participants are not allowed to donate extra volunteer hours at work sites
unless the volunteer work is substantially different than that required by
their subsidized positions.
H. The
department may transfer a participant from one host agency to
another.
I. The department shall
determine whether an agency or organization is eligible to be designated a host
agency, pursuant to Older Americans Act Section 502(b)(1)(D) implemented at
20 CFR Sections
641.140 and
641.844 (as amended). Before a
position can be assigned to the host agency, a proper agreement shall be
executed.
J. The department shall
develop and maintain policy and procedure manuals. Such manuals will designate
participant benefits and other policies and procedures to enable the smooth
operation of the program.
K.
Participants shall be reimbursed mileage, per diem and other expenses only in
accordance with policies and procedures developed by the department.
L. No waivers of the eligibility requirement
under the senior community service employment program may be granted by the
department.
