1. A. To increase transparency and expedite the transmission of necessary information the department of workforce solutions will publish and maintain on the department of workforce solutions’ website the current calendar, application form for Apprenticeship Assistance Act funds and a procedures manual that contains all the required forms developed by the department of workforce solutions.
2. B. Program applicants to be eligible for consideration for Apprenticeship Assistance Act funds in the fiscal year shall submit their applications to the director by the deadline specified in the department of workforce solutions’ procedures manual.
3. C. A representative from the program applicant must appear in person at the mandatory technical assistance workshop for prospective applicants and at the mandatory application approval meeting to be eligible for consideration for funding in the fiscal year.
4. D. If the director of apprenticeship for the department of workforce solutions denies an application or approves the application with conditions, the director shall:

5. (1) state the reasons for the denial or imposition of conditions in writing within three (3) days of the meeting at which the application was denied or conditions imposed;

   1. (2) a program applicant whose application was denied or approved with conditions that are unacceptable to the program applicant may appeal the decision to the secretary within three (3) days of the receipt of the notice of the denial or imposition of conditions;
   2. (3) within three (3) days of receipt of the notice of appeal, the secretary shall meet with the program applicant and review the director of apprenticeship’s decision that denied the application or approved it with conditions;
   3. (4) the secretary may affirm the decision of the director of apprenticeship or reverse the decision with or without the imposition of conditions; and
   4. (5) the secretary’s decision shall be final and binding on the program applicant.

6. E. All approved program applicants shall comply with the following requirements by the dates specified in the department of workforce solutions’ procedures manual:

   1. (1) complete and sign a grant agreement;
   2. (2) submit quarterly claims for reimbursement;
   3. (3) submit a mid-year survey; and
   4. (4) comply with all other requirements of the procedures manual.

7. F. Participation in any apprenticeship assistance act meeting of the department of workforce solutions by means of a conference telephone or other communications equipment when it is otherwise difficult or impossible for the participant to attend the meeting in person shall be allowed, provided that each person participating by conference telephone or other communications equipment can be identified when speaking, all participants are able to hear each other and members of the public attending the meeting are able to hear any person speaking; except that a representative from any program applicant shall appear in person at the mandatory technical assistance workshop for prospective applicants and at the mandatory application approval meeting.

   HISTORY OF 11.2.31 NMAC:

   History of Repealed Material:

   11.2.31 NMAC, Apprenticeship Assistance, filed 12/31/09 - repealed 3/31/16 by the Public Education Department, refiled by the Department of Workforce Solutions effective 3/31/16.

[11.2.31.11 NMAC - N, 3/31/2016]