N.M. Admin. Code § 5.5.51.8

Current through Register Vol. 35, No. 21, November 5, 2024
Section 5.5.51.8 - PROGRAM OUTLINE
A. The following shall apply for FCAP for physical production:
(1) The applicable hours of the qualifying trainees shall only be for the hired position as approved by the New Mexico film division and as noted on the FCAP application and the responsibilities for the qualifying position shall meet the industry standards for that position.
(2) Trainee's pay rate shall be consistent with the trainee's job position per this crew member's contract with company, and trainee's pay rate shall be higher than the positions in the lower tier of positions under trainee per union contractual agreement where applicable.
(3) Any requests for a different job position or mentor to qualify for the program shall be considered by the New Mexico film division and if approve, noted in file.
(4) Each trainee qualifies for a maximum of 1,040 hours. As the trainee works on a film or television project, the hours shall be deducted accordingly.
(5) Trainees shall work at least 80 hours in their hired position in order to qualify.
(6) Trainees may qualify for an additional 1,040 hours if the training received through this program is used to progress from their current job to a higher job classification or to move laterally into a new skill set and the individual meets program qualifications.
(7) Qualifying participants may apply any unused hours to future on-the-job training work opportunities in the specified job position until the 1,040 hours are exhausted.
(8) Unused training hours in a lower level position are forfeited once a trainee moves to a higher level within that skill set and department.
(9) Qualifying trainees shall work in standard industry job positions as listed in the New Mexico film division FCAP job titles list for individual projects produced by companies.
(10) The number of film and television production credits and the amount of experience required for a participant to qualify shall be determined by the New Mexico film division based on the total budget of the project and the extent to which the participant is adding to their skill set.
(11) The number of trainees allowed to participate in each craft department shall be determined by the New Mexico film division based on the total budget of the project, department crew size and the company location.
B. The following shall apply to FCAP for qualifying permanent companies:
(1) The applicable hours of the qualifying trainees shall only be for the hired position as approved by the New Mexico film division and as noted on the FCAP application and the responsibilities for the qualifying position shall meet the industry standards for that position.
(2) Trainee's pay rate shall be consistent with trainee's job position per this crew member's contract with company, and trainee's pay rate shall be higher than the positions in the lower tier of positions under trainee per contractual agreement where applicable.
(3) Any requests for a different job position or mentor to qualify for the program shall be considered by the New Mexico film division and if approved, noted in file.
(4) Trainees shall complete a minimum of 80 hours and up to 1,040 hours to qualify.
(5) Qualifying job positions shall be technical and directly contribute to the creation of a product as determined by the New Mexico film division and shall not relate to distribution of end product(s).
(6) Qualifying trainees shall work in standard industry job positions as determined by New Mexico film division for permanent companies creating products.
(7) Qualifying participants may only participate one time in the program as an employee of this company; however, where the trainee has completed all 1,040 hours in the original hired position, requests to participate again will be considered upon written documentation submitted by the company and by the trainee that verifies the trainee will be advancing to a higher job classification.
C. The following shall apply for FCAP for qualifying permanent emerging media and digital media companies:
(1) The applicable hours of the qualifying trainees shall only be for the hired position as approved by the New Mexico film division and as noted on the FCAP application and the responsibilities for the qualifying position shall meet the industry standards for that position.
(2) Trainee's pay rate shall be consistent with trainee's job position per this crew member's contract with company, and trainee's pay rate shall be higher than the positions in the lower tier of positions under trainee per union contractual agreement where applicable.
(3) Any requests for a different job position or mentor to qualify for the program shall be considered by the New Mexico film division and if approved, noted in file.
(4) Trainees shall complete a minimum of 80 hours and up 640 hours to qualify.
(5) Qualifying job positions shall be technical and directly contribute to the creation of a product as determined by the New Mexico film division and shall not relate to distribution of end product(s).
(6) Qualifying trainees shall work in standard industry job positions as determined by New Mexico film division for permanent companies creating products.
(7) Qualifying participants may only participate one time in the program as an intern of this company; however, where the trainee has completed all 640 hours in the original hired position, requests to participate again will be considered upon written documentation submitted by the company and by the trainee that verifies the trainee will be advancing to a higher job classification.
(8) The New Mexico film division shall contract qualified companies to provide training opportunities, similar to internships, to students currently enrolled in a higher education institution or a graduate who has recently graduated within one year from a higher education institution that relates to digital or post-production technology (emerging or digital media) for the multi-media and entertainment-related industries as approved by the New Mexico film division.

N.M. Admin. Code § 5.5.51.8

5.5.51.8 NMAC - Rp, 5.5.51.8 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