New Mexico Administrative Code

A. These rules apply to the general public and contain specific limitations from applicability, as noted. B. Application of rules of civil procedure: In the absence of a specific provision governing an action in the Human Rights Act or in these rules, the human rights bureau and …

These rules and regulations are adopted by the secretary of the New Mexico department of workforce solutions to carry out the provisions of the Human Rights Act, Sections 28-1-1 to 28-1-7, 28-1-9 to 28-1-14 NMSA 1978 and 28-23-1 to 28-23-6 NMSA 1978, as amended, or as such provis…

Permanent.

January 1, 2020 unless a later date is cited at the end of a section.

These rules and regulations govern procedure for complaints with the human rights bureau, and the subsequent investigation and administrative hearing process.

As used in these rules incorporates the definitions of 28-1-2 NMSA 1978 and: A. "Act or Acts" means the Human Rights Act, Sections 28-1-1 to 28-1-7, 28-1-9 to 28-1-14 NMSA 1978, The Criminal Offender Employment Act, 28-2- 1 to 28-2-6 NMSA 1978, The Fair Pay for Women Act 28-23-1 …

A. Persons who may file a complaint:(1) any person claiming to be aggrieved by an unlawful discriminatory practice under the New Mexico Humans Rights Act as provided in Section 28-1-1 NMSA 1978 et seq. or federal anti-discrimination laws enforced by the Equal Employment Opportuni…

A. Investigation deadlines:(1) The bureau shall send the respondent a request for information and the respondent will be required to answer and submit documents within 30 calendar days from the date of the request. The deadline may be extended by the investigator for up to 20 cal…

New Mexico Aging & Long Term Services Department (NMALTSD)

The state agency shall develop a draft of the proposed rule and shall include, where feasible, state policy advisory committee, area agency, senior citizen program or other affected agencies in its development. The state agency will consider proposed rules or revisions to rules d…

A. Notice of the subject matter of a new or revised policy/rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views, and the method by which copies of the proposed rule may be obtained shall be publis…

The state agency shall conduct at least one public hearing on proposed new or revised rules/policies. The public hearing shall be conducted in Santa Fe or at the place identified in the notice. The state agency may conduct additional public hearings in other locations of the stat…

The state agency shall provide at least a thirty (30) day comment period to allow for written comments from agencies or individuals who may not have had the opportunity to attend the public hearing(s).

After considering all comments received, the state agency shall issue the final policies or procedures within ninety (90) days following the end of the comment period. Such issuance shall be effective in accordance with the State Rules Act.

In the event that federal, state or other requirements necessitate the immediate issuance of policies or procedures, the state agency shall issue the draft policy or procedure as "Interim Policy and/or Procedure" as a "State Policy Memorandum". Such policy or procedure shall be e…

These rules apply to members of the public and organizations that participate in the delivery of services to New Mexico's aging and disability populations.

Aging and Long-Term Services Department Act, Sections 9-23-1 to 9-23-12 NMSA 1978; Older Americans Act of 1965, 42 U.S.C. Sections 3001 to 3058, and implementing regulations.

Permanent.

June 30, 2015, unless a later date is cited at the end of a section.

The objective of this rule is to establish standards and procedures for the federal and state-funded programs administered by the aging and long-term services department.

The following words and terms, when used in these rules, shall have the following meanings unless the context clearly indicates otherwise or a different definition has been provided: A. "Abuse" is the willful infliction of injury, unreasonable confinement, intimidation, or cruel …

A. These rules apply to all functions and responsibilities required under the State plan on aging, in carrying out Older Americans Act programs. B. The department, all area agencies on aging, grantees and subgrantees, contractors and subcontractors of funds administered by the de…

As it becomes necessary to issue new or revised rules, several principles will be used. A. The state agency will issue rules required by the federal funding agencies to assure continued eligibility for federal and state funds. B. All rules will be issued in compliance with applic…

New Mexico State Agency on Aging

A. Area agencies must request such use of Title III funds within an area plan or area plan amendment. Such use will be approved by the state agency on aging if the area plan:(1) contains or is supported by reasonable assurances that:(a) for not less than 10 years after acquisitio…

A. If within 10 years after acquisition, or within 20 years after completion of construction, of any facility for which Title III funds have been paid, the owner of the facility ceases to be a public or nonprofit private agency or organization, or the facility ceases to be used f…

[RESERVED]

[RESERVED]

[Permanent]

[Filed April 13, 1995]

[RESERVED]

A. "Altering" or "renovating" means making modifications to or in connection with an existing facility which are necessary for its effective use as a center, including renovation, repair or expansion which is not in excess of double the square footage of the original facility and…

OAA Sections 10235, 302(4), 307(a) (14), 312 and 321(b) and 45 CFR 1321.75.

A. Under an approved area plan, an area agency on aging may authorize the alteration, renovation or acquisition (in fee simple or by lease for 10 years or more) of a building to serve as a multipurpose senior citizen center using Title III funds. B. Under an approved area plan, a…

New Mexico Aging and Long-Term Services Department (NMALTSD)

A.Request for a hearing: (1)A request for a hearing must be submitted in writing to the secretary of the department, within ten (10) working days of the receipt of the notice of action, and must state with specificity the grounds upon which the proposed action is appealed or cont…

A. Request for a hearing: A request for a hearing specifying the nature of the appeal must be made to the state agency on aging in writing within ten (10) working days after the petitioner receives the final action letter from the service provider, area agency or state agency. Th…

These rules apply to members of the public and organizations that participate in the delivery of services to New Mexico's aging and disability population.

Aging and Long-Term Services Department Act, Sections 9-23-1 to 9-23-12 NMSA 1978; Older Americans Act of 1965, 42 U.S.C. Sections 3001 to 3058, and implementing regulations.

Permanent.

June 30, 2015, unless a later date is cited at the end of a section.

The objective of this rule is to establish appeal procedures for decisions made by the aging and long term services department.

The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise. A. "Hearing" is an administrative review of documentation and evidence and/or an opportunity for oral testimony at the discretion of a heari…

The following persons or organizations ("petitioners") have a right to a hearing: A. Any applicant for designation as a PSA, whose application is denied by the department, according to 9.2.4.15 NMAC; B. Any affected party when the department initiates an action or a proceeding to…

New Mexico State Agency on Aging

A. The state agency on aging (state agency) must approve the provision of corporate eldercare services proposed by the area agency prior to the delivery of the service. B. An area agency which engages in corporate eldercare and/or private case management services must: (1) assure…

A. An area agency cannot execute an agreement or contract that demands exclusivity. An area agency must be free to negotiate other similar agreements or contracts. B. An area agency cannot enter into an agreement or contract that obligates it to be identified with or to promote t…

The state agency shall periodically assess area agency on aging compliance through: A. review and approval of the area agency area plan (annually and more frequently for modifications as submitted) including:(1) the description of the area agency relationship with private corpora…