No oil and gas permit holder may begin performing any oil and gas contract or activity on the Reservation until all individuals—including owners, chief executive officers, managers, employees, contractors, and subcontractors providing goods or services on the Reservation—have obtained work permits from the Department of Labor. Work permits are required for all oil and gas permit holders and any other employer as defined in the Jicarilla Apache Nation Code, Title 23.
Failure to Possess a Work Permit-Oil & Gas Companies
Any individual employed by a covered oil and gas permit holder who does not have a valid work permit will be removed from the job site and the Reservation. Individuals removed for failing to obtain a valid work permit may be subject to penalties under Title 23 and Title 18 of the Oil and Gas Ordinance.
Oil and gas permit holders are responsible for ensuring that all employees, contractors, and subcontractors maintain valid work permits and may face penalties under the Oil & Gas Indian Preference Contracting and Employment Ordinance and Title 18 of the Oil and Gas Ordinance for noncompliance.
An oil and gas permit holder’s work permit will be automatically suspended if any employee is found working on the Reservation without a valid work permit.
An individual cannot be denied employment solely for not possessing a work permit; however, employment may be made contingent upon the individual obtaining a valid work permit.
Violation of Ordinance Provisions
Oil and gas permit holders and/or their employees who are determined by the Department of Labor to violate any provision of this Ordinance will automatically forfeit their work permits.
Violation of Jicarilla Apache Nation Laws
All work permit holders must agree to comply with all Jicarilla Apache Nation laws. Failure to comply with Nation laws will result in forfeiture of the work permit.
No person shall be employed by a covered construction employer until he or she has obtained a work permit from the Department of Labor.
Work permits may be granted under the following circumstances:
Construction Activity Requirement
No construction permit holder may begin construction activity on the Reservation until all individuals—including owners, chief executive officers, managers, employees, contractors, and subcontractors providing goods or services on the Reservation—have obtained work permits from the Department of Labor, as required under the Jicarilla Apache Nation Code, Title 23.
Failure to Possess a Work Permit
Any individual employed by a covered employer who does not possess a valid work permit and vehicle permit will be immediately removed from the job site, and the employer may be subject to additional sanctions imposed by the Department of Labor.
Construction permit holders are responsible for ensuring that all employees, contractors, and subcontractors possess valid work permits and may be subject to penalties under Title 23: Indian Preference, Chapter 1: Indian Preference Contracting and Employment Ordinance.