New Mexico Administrative Code

A. Any ECECD licensee who violates these regulations is subject to revocation, suspension, sanctions, denial of licensure, certification, or registration or termination of participation in any other program within the scope of these regulations. B. Licensure, certification, regis…

A. For the purpose of these regulations, the following information shall result in a conclusion that the applicant is an unreasonable risk: (1) a conviction for a felony, or a misdemeanor involving moral turpitude, and the criminal conviction directly relates to whether the appli…

A. The BCU may, in its discretion, use all reasonably reliable information about an applicant and weigh the evidence about an applicant to determine whether the applicant poses an unreasonable risk to care recipients. The BCU may also consult with legal staff, treatment, assessme…

Any applicant whom the BCU concludes is an unreasonable risk on any basis other than those described at Paragraphs (1), (3), (4), (5), or (6) of Subsection A of 8.9.6.13 NMAC, may submit to the BCU a rehabilitation petition describing with specificity all information that tends t…

A. An applicant's background check eligibility may be suspended for the following: (1) an arrest or criminal charge for any felony offense, any misdemeanor offense involving domestic violence, child abuse or any other misdemeanor offense of moral turpitude if a conviction as char…

A. Denials: Any applicant who is found ineligible after completion of background check may request an administrative review from ECECD. The request for an administrative review shall be in writing and the applicant shall cause the BCU to receive it within 15 days of the date of t…

This rule has general applicability to operators, volunteers, including student interns, employees, and prospective operators, staff and employees, of child-care facilities, including every facility, ECECD contractor, program receiving ECECD funding or reimbursement, or other pro…

The statutory authority for these regulations is contained in the Criminal Offender Employment Act, Section 28-2-1 to 28-2-6 NMSA and in the New Mexico Children's and Juvenile Facility Criminal Records Screening Act, Section 32A-15-1 to 32A-15-4 NMSA 1978 Amended. ECECD's rule ma…

Permanent

November 1, 2022, unless a later date is cited at the end of a section.

A. The purpose of these regulations is to set out general provisions regarding background checks and employment history verification required in settings to which these regulations apply. B. Background checks are conducted in order to identify information in applicants' backgroun…

A. "Administrative review" means an informal process of reviewing a decision that may include an informal conference or hearing or a review of written records. B. "Administrator" means the adult in charge of the day-to-day operation of a facility. The administrator may be the lic…

These regulations apply to all licensees and direct providers of care in the following settings: A. licensed child care homes; B. licensed child care centers; C. registered child care homes; D. home visiting programs; E. licensed before and after school care; F. non-licensed or e…

A. These regulations do not apply to the following settings, except to the extent that such a program receives funding or reimbursement from ECECD: (1) hospitals or infirmaries; (2) intermediate care facilities; (3) children's psychiatric centers; (4) home health agencies; (5) di…

Early Childhood Education and Care Department (ECECD)

A. Early intervention provider agencies shall collaborate with the New Mexico early childhood education and care department and other state, federal and tribal government agencies in a coordinated child find effort to locate, identify and evaluate all children residing in the sta…

A. IFSP development. (1) A written IFSP shall be developed and implemented for each eligible child and family. (2) The IFSP shall be developed at a meeting. The IFSP meeting shall: (a) take place in a setting and at a time that is convenient to the family; (b) be conducted in the…

A. Early intervention services. (1) Early intervention services shall be:(a) designed to address the outcomes identified by the IFSP team (which includes parents and other team members); (b) identified in collaboration with the parents and other team members through the IFSP proc…

A. Transition planning shall occur with the parent(s) of all children to ensure a smooth transition from the FIT program to preschool or other setting. B. Notifications to the public education department and local education agency (LEA): (1) The FIT program shall provide notifica…

A. Procedural safeguards are the requirements set forth by IDEA, as amended, and established and implemented by the New Mexico early childhood education and care department that specify family's rights and protections relating to the provision of early intervention services and t…

These regulations apply to all entities in New Mexico providing early intervention services to eligible children birth to three years of age and their families.

Subsection E of Section 9-29-6 NMSA 1978.

Permanent

July 20, 2021, unless a later date is cited at the end of a section.

These regulations are being promulgated to govern the provision of early intervention services to eligible children and their families and to assure that such services meet the requirements of state and federal statutes, in accordance with the Individuals with Disabilities Educat…

A. Definitions beginning with the letter "A": (1) "Adaptive development" means the development of self-help skills, such as eating, dressing, and toileting. (2) "Adjusted age (corrected age)" means adjusting / correcting the child's age for children born prematurely (i.e. born le…

A. Supervisory authority. (1) Any agency, organization, or individual that provides early intervention services to eligible children and families shall do so in accordance with these regulations and under the supervisory authority of the lead agency for Part C of IDEA, the New Me…

A. Personnel requirements. (1) Early intervention services shall be delivered by qualified personnel. Personnel shall be deemed "qualified" based upon the standards of their discipline and in accordance with these regulations and shall be supervised in accordance with these regul…

Early Childhood Education and Care Department (ECECD).

A. Evaluations and determinations by department. (1) Once an application is complete, the department will evaluate the applicant and the proposed project for eligibility and make a determination as to eligibility. (2) If the department determines that an applicant is eligible, th…

A. Decision by department as to eligibility. An applicant may request reconsideration of a contrary decision by the department as to whether it is an eligible applicant under these regulations. Notice must be given to the department in writing within ten working days of receipt o…

A. The authority and the eligible applicant will enter into an agreement and any other applicable documentation to establish the terms and conditions of the loan from the authority. The agreement will include the terms of repayment and sanctions available to the authority in the …

A. The fund is created in the authority consisting of appropriations, gifts, grants and donations to the fund, which shall be invested as provided in the New Mexico Finance Authority Act. B. Money in the fund shall not revert. C. Administrative costs of the authority may be paid …

The Child Care Facility Loan Act fund program regulations shall apply to the use of funds by eligible applicants available pursuant to the Child Care Facility Loan Act, Sections 24-24-1 to 24-24-4 NMSA 1978.

The regulations (rules) set forth herein, have been promulgated by the secretary of the New Mexico Early Childhood Education and Care Department, by authority of the Early Childhood Education and Care Department Act, Sections 9-29-1 to 9-29-13 NMSA 1978, and the Child Care Facili…

Permanent.

December 23, 2024, unless a later date is cited at the end of a section.

A. The objective of 8.16.3 NMAC is to establish standards and procedures for administering loans under the Child Care Facility Loan Act. The Child Care Facility Loan Act directs the Early Childhood Education and Care Department (the Department) in conjunction with the New Mexico …

A. "Act" means the Child Care Facilities Loan Act (Sections 24-24-1 to 24-24-4 NMSA 1978). B. "Agreement" means the document or documents signed by the Authority and the eligible applicant that specifies the terms and conditions of a loan provided under the program. C. "Applicant…

A. An applicant is considered eligible if they meet the following eligibility requirements:(1) is a provider as defined by the act and these rules; and is (2) is verified as in good standing regarding its licensure by the department; and (3) complies with all applicable federal, …

A. Contingent upon a sufficient balance in the fund, the department and the authority will accept applications and award loans B. The department and the authority will provide applications. Complete applications must be signed by an authorized representative of the provider. Only…

New Mexico Department of Workforce Solutions, Labor Relations Division, Human Rights Bureau

A. After an investigation is completed, the director will issue a determination of probable or no probable cause. B. If the director determines that no probable cause exists, the director shall dismiss the complaint and notify the parties of the dismissal. The complainant will be…

A. Within 60 calendar days of service of the director's determination of probable cause, the complainant may make a written request to the director for a waiver of complainant's right to a commission hearing and seek a trial de novo in district court, pursuant to Subsection J of …

A. Mediation prior to issuance of commission complaint: (1) The bureau may attempt to achieve a satisfactory adjustment of the complaint by means of mediation with the complainant and the respondent. (2) If mediation attempts are successful, the parties shall prepare and sign a w…

A. Issuance of commission complaint:(1) If, after a probable cause determination, efforts at conciliation have failed, the commission shall issue a written complaint in its own name, on behalf of the complainant, against the respondent. The commission shall set forth the alleged …

A. Appearance and representation:(1) The complainant shall be present at the hearing, may present testimony or evidence and may be represented by an attorney or other representative. The complainant or complainant's representative shall present the case supporting the complaint a…

A. The final decision and ruling on the merits in each case is reserved to the commission or hearing officer. B. Where a hearing is before a three-member panel of commissioners, the commission will announce its decision and final order orally at a public meeting within 90 calenda…

A. Upon receipt of a notice of appeal, if the hearing was transcribed, the bureau will supply as much of the transcript of the as is requested by the parties or the district court, pursuant to Subsection B of Section 28-1-13 NMSA 1978. B. All costs of providing the transcript of …

A. The commission complaint, decision and orders will be considered public records. Any other information contained within a division investigation file or bureau records related to the case will not be considered public records, except as determined by law, and therefore is not …