New Mexico Register / Volume XXXVI,
Issue 18 / September 23, 2025
TITLE 9 HUMAN RIGHTS
CHAPTER 2 AGE
PART 4 DESIGNATION OF PLANNING AND
SERVICE AREAS
9.2.4.1 ISSUING AGENCY: New Mexico Aging and Long-Term Services
Department (NMALTSD).
[9.2.4.1 NMAC -
Rp, 9.2.4.1 NMAC, 09/23/2025]
9.2.4.2 SCOPE: 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.
[9.2.4.2 NMAC -
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9.2.4.3 STATUTORY AUTHORITY: 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 30, and
implementing regulations.
[9.2.4.3 NMAC -
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9.2.4.4 DURATION: Permanent.
[9.2.4.4 NMAC -
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9.2.4.5 EFFECTIVE DATE: September 23, 2025, unless a later date is
cited at the end of a section.
[9.2.4.5 NMAC -
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9.2.4.6 OBJECTIVE: The objective of this rule is to establish
the PSA application and designation process.
[9.2.4.6 NMAC -
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9.2.4.7 DEFINITIONS: See 9.2.1.7 NMAC for definitions.
[9.2.4.7 NMAC -
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9.2.4.8 LEGAL REFERENCES: [RESERVED]
[9.2.4.8 NMAC -
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9.2.4.9 DESIGNATION OF PLANNING AND
SERVICE AREAS (PSAs): Existing intrastate planning and service
areas (PSAs) shall continue to be designated unless:
A. There is
demonstrated evidence that designation of an existing PSA is inconsistent with
the purpose of the rules and regulations issued pursuant to the Older Americans
Act; or
B. The designation
of another PSA is necessary for the assurance of the efficient and effective
administration of programs authorized by the Older Americans Act and operating
in the state.
[9.2.4.9 NMAC -
Rp, 9.2.4.9 NMAC, 09/23/2025]
9.2.4.10 TYPE OF DESIGNATION: The department may designate “federally
recognized” planning and service areas under the auspices of the Older
Americans Act and may designate “non-federally recognized” planning and service
areas under state authority.
Non-federally recognized planning and service areas may duplicate or
overlap with federally recognized planning and service areas and shall be
established in order to address special service needs or target populations and
to facilitate the distribution of state funds.
[9.2.4.10 NMAC -
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9.2.4.11 CRITERIA FOR PSA DESIGNATION: The department shall divide the state into
distinct planning and service areas, considering the following criteria:
A. geographical
distribution of older individuals in the state;
B. incidence of the
need for supportive services, nutrition services, multipurpose senior centers,
legal assistance, and other services;
C. distribution of
older individuals who have greatest economic need, particularly those with
low-incomes;
D. distribution of
older individuals residing in rural areas;
E. distribution of
minority older individuals;
F. distribution of
older individuals with limited English proficiency;
G. distribution of
older individuals who have greatest social need;
H. distribution of
Native American Indian elders;
I. distribution of
resources available to provide services;
J. boundaries of
existing areas within the state which were drawn for the planning or administration
of supportive services programs; and
K. location of
units of general purpose local government within the state.
[9.2.4.11 NMAC -
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9.2.4.12 PROCEDURE FOR
DESIGNATING CHANGES TO PSA: The procedure to
designate a PSA is as follows:
A. Department initiated change: The department may designate additional
planning and service areas or redefine existing planning and service areas
based upon changes in the criteria for PSA designation in accordance with
9.2.4.11 NMAC. The department shall
solicit public input with regard to any proposed changes or additions to PSA
designation and at least one public hearing shall be held in each county and
Indian tribe proposed to be affected. Hearings shall be conducted in accordance
with the department’s policies and procedures for hearings.
B. Non-department initiated change: Any unit of general purpose local government,
region within a state recognized for area wide planning, metropolitan area, or
Indian tribe may make application to the department to be designated as a planning and service area.
(1) The aging network division director,
as the department secretary’s designee, shall approve or disapprove any such
application submitted under this section.
(2) Any applicant under this section
whose application for designation as a planning and service area is denied by
the department may appeal the denial in writing to the department secretary
within 30 days of such denial.
(3) If the department denies an applicant
for designation as a planning and service area under this section, the
department shall provide a hearing on the denial of the application, in
accordance with 9.2.11 NMAC if requested by the applicant, as well as issue a
written decision on the denial within 60 days following the hearing.
[9.2.4.12 NMAC -
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9.2.4.13 NON -DEPARTMENT INITIATED
APPLICATION PROCESS: This application
process applies when an entity other than the department seeks to apply to
designate a new planning and service area or to change an existing planning and
service area.
A. The applicant shall submit a notice of application to
the aging network division director that includes:
(1) an explanation of why the new
designation or change in designation is necessary;
(2) an explanation of how the new
designation or change will benefit older individuals in both the established
PSA and the new PSA;
(3) documentation that existing
services can be substantially improved through the proposed change; and
(4) documentation of the results of a
public hearing that meets the department’s criteria (the applicant shall
involve the area agencies on aging, service providers, and older individuals in
all actions and proceedings by offering opportunities for feedback from
interested parties).
B. The applicant shall establish and make publicly available
the appeal process for affected parties:
(1) a full disclosure of any potential
conflicts of interest that would exist if the new PSA or requested change was
approved by the department; and
(2) information that addresses each of the
criteria for consideration enumerated in 9.2.4.11 NMAC.
C. The applicant shall comply with the department’s
timeframes and requests for additional information and documentation during the
application process.
D. Once the department receives the additional information
and documentation requested, it shall follow the procedures set forth in
9.2.4.12 NMAC, including Subsections B and C (the procedures for a
department-initiated designation). The
department shall review the application in accordance with the criteria and
procedures set forth in 9.2.4.9 NMAC, 9.2.4.11 NMAC, and 9.2.4.12 NMAC.
[9.2.4.13 NMAC -
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9.2.4.14 APPROVAL OF PSA DESIGNATION: All PSA designations for purposes of
distribution of federal funds must be further approved by the assistant
secretary pursuant to the submission of a state plan amendment or state plan as
set forth in 9.2.4.18 NMAC.
[9.2.4.14 NMAC -
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9.2.4.15 APPEAL OF PSA DESIGNATION OR REVOCATION OF
DESIGNATION:
A. An applicant for PSA change in designation whose
application to the aging network division director has been denied or a PSA
whose designation the department has decided to revoke may appeal pursuant to
the appeals process set forth in 9.2.11 NMAC.
B. Any applicant for “federally recognized” PSA designation
changes whose application the department denies and who has been provided an
appeal hearing and written decision by the department may appeal to the DAB in
writing within 30 days of receipt of the department’s written decision,
pursuant to 45 C.F.R Section 1321.17.
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9.2.4.16 DESIGNATED PSAs:
A. The designated PSAs
are posted to the department’s website.
B. All designation
approvals shall be maintained in the appropriate department records.
[9.2.4.16 NMAC –
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9.2.4.17 EXPLANATION OF CHANGES: The department shall provide an
explanation of any decisions to change planning and service areas when it
issues the decision. The explanation shall specifically address the
department’s consideration of each of the factors set forth in 9.2.4.11 NMAC.
[9.2.4.17 NMAC -
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9.2.4.18 CHANGES TO PSAS IN STATE PLANS
OR STATE PLAN AMENDMENTS: Any changes to
planning and service areas shall be included in a state plan amendment or in
the prospective state plan submitted to the assistant secretary.
[9.2.4.18 NMAC -
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HISTORY OF 9.2.4
NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
the State Records Center:
SAA Rule No. 95-4,
Designation of Planning and Service Areas, filed 4/13/95.
History of Repealed Material:
SAA Rule No. 95-4,
filed 4/13/1995 - Repealed 6/30/2015.
9.2.4 NMAC,
Designation of Planning And Service Areas (filed 6/17/2015), Repealed effective
09/23/2025.
Other: 9.2.4 NMAC, Designation of Planning And
Service Areas (filed 6/17/2015), Replaced by 9.2.4 NMAC, Designation of
Planning And Service Areas effective 09/23/2025.