A. The "workforce transition services division" is created in the workforce solutions department.

B. The division shall be the recipient of all grants from the United States pursuant to the federal Workforce Investment Act of 1998 and shall disburse those grants consistent with that act and the Workforce Development Act [Chapter 50, Article 14 NMSA 1978].

C. The division shall administer the provisions of the Workforce Development Act and is the governor's designee for the state with authority to administer New Mexico's program pursuant to the federal Workforce Investment Act of 1998. In performance of that duty and the duties set forth in Section 50-14-10 NMSA 1978, the division has the general power to:

1. (1) sue and, subject to the provisions of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978], be sued;
2. (2) enter into contracts, joint powers agreements and other contracts for workforce development services and administer related programs with other state agencies; local governments; state institutions of higher learning; Indian nations, tribes or pueblos; regional provider networks; and corporations authorized to do business in the state;
3. (3) take administrative action by issuing orders and instructions, not inconsistent with law, to ensure implementation of and compliance with the provisions of law for which the division is responsible and to enforce those orders and instructions by appropriate administrative actions or actions in courts;
4. (4) promulgate, following the procedure in Subsection E of Section 9-1-5 NMSA 1978, reasonable rules necessary to carry out the duties of the division; and
5. (5) take all other actions necessary to meet the purposes of the Workforce Development Act.

History: Laws 2005, ch. 111, § 10; 2007, ch. 200, § 19.

ANNOTATIONS

Repeals. — Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.

Cross references. — For the Workforce Investment Act of 1998, see 29 U.S.C. Sections 28901 et seq..

The 2007 amendment, effective July 1, 2007, created the workforce transition services division in the workforce solutions department and eliminated the appointment of a director by the governor and the authority of the director to employ technical and administrative staff.