N.M. Admin. Code § 2.40.5.15

Current through Register Vol. 36, No. 1, January 14, 2025

Section 2.40.5.15 - INTEGRATION, FAIR PAY AND ADDED VALUE

A. The council shall ensure that the:

(1) work provides opportunities for integration with non-disabled persons;

(2) work provides fair pay based on prevailing wages;

(3) work provides equitable opportunities for the employment of people with disabilities; and

(4) services provide added value.

B. Community rehabilitation programs and qualified individuals must employ during the state fiscal year at least seventy-five percent (75%) persons with disabilities in the provision of direct labor. In determining ratio calculation, all employees providing direct labor on all state use contracts shall be counted. Hours of work shall be used to calculate the ratio.

C. In the event of failure to meet the ratio requirement, the council may request a remediation plan from the provider specifying actions and timelines to meet requirement, which the council must approve. In the event of provider failure to provide an adequate remediation plan, or meet remediation plan commitments, the council may place a moratorium on new state use work by that provider, or assign the contract to another provider, or in the event of persistent ratio problems, ban the provider from eligibility to participate in the State Use Act program for up to a two year period.

N.M. Admin. Code § 2.40.5.15

2.40.5.15 NMAC - N, 3/30/2007; A, 1/15/2011