N.M. Admin. Code § 5.5.51.11

Current through Register Vol. 35, No. 17, September 10, 2024

Section 5.5.51.11 - COMPANY ELIGIBILITY AND ADMINISTRATIVE REQUIREMENTS

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.

(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.

(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.

(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;

(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.

N.M. Admin. Code § 5.5.51.11

5.5.51.11 NMAC - Rp, 5.5.51.11 NMAC, 6-30-2014, Amended by New Mexico Register, Volume XXVI, Issue 12, June 30, 2015, eff. 6/30/2015, Adopted by New Mexico Register, Volume XXVII, Issue 12, June 30, 2016, eff. 6/30/2016