Frequently Asked Questions (Re: Work Permits)

No oil and gas permit holder may begin performing an oil and gas contract or oil and gas activity on the Reservation until all individuals, including owners, chief executive officers, managers, employees, contractors, and subcontractors who will be providing goods and 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 for any other employer as defined in the Jicarilla Apache Nation Code, Title 23.

•  Any person employed by a covered oil and gas permit holder who does not have a valid permit will be removed from the job site and removed from the Reservation. A person removed for failing to have a valid work permit will be subject to penalties under this Title and Title 18 of the Oil and Gas Ordinance.
• Oil and gas permit holders shall be held responsible for employees, contractors, and subcontractors not possessing valid work permits and will be subject to any penalties under the Oil & Gas Indian Preference Contracting and Employment Ordinance and Title 18 of the Oil and Gas Ordinance.
• An oil and gas permit holder's work permit shall be automatically suspended if an employee of the oil & gas permit holder is working on the Reservation and fails to have a valid work permit.
• An individual cannot be denied employment for failure to have a work permit. However, an oil and gas permit holder may make employment contingent on the potential employee obtaining a work permit.
• Violation of Other Provisions of Ordinance. Oil and gas permit holders and/or their employees who are determined by the Department of Labor to be in violation of any provision of this Ordinance automatically forfeit their work permits.
• Violations of the Jicarilla Apache Nation Laws. All work permit holders must agree to abide by all the laws of the Jicarilla Apache Nation. Work permit holders failing to abide by the laws of the Nation shall forfeit their work permit.

1. No person shall be employed by a covered employer until he or she has obtained a work permit from the Department of Labor.
2. Work permits shall be granted under the following circumstances:
3. To all key and/or permanent employees listed in the employer's preference plan who are approved by the Department of Labor as meeting the criteria for key and/or permanent employees.

• · To all local Indians employed by a covered employer.
• · Non-local Indians or non-Indians hired after the employer has asked the Department of Labor to locate and refer a qualified local Indian, but the Department of Labor has been unable to do so within the time provided by this Chapter.
• · To such other employees that the Department of Labor determines are entitled to a permit.

No construction permit holder may begin performing construction activity on the Reservation until all individuals, including owners, chief executive officers, managers, employees, contractors, and subcontractors who will be providing goods and services on the Reservation have obtained work permits from the Department of Labor. Work permits are required for all construction permit holders and for any other employer as defined in the Jicarilla Apache Nation Code, Title 23. 

Any person found to be employed by a covered employer who does not have a valid work permit and vehicle permit shall be summarily removed from the job, and the employer shall be subject to such additional sanctions as the Department of Labor may impose. Construction permit holders shall be held responsible for employees, contractors, and subcontractors not possessing valid work permits and will be subject to any penalties under Title 23: Indian Preference Chapter 1: Indian Preference Contracting and Employment Ordinance.