New Mexico Register / Volume XXXVI,
Issue 18 / September 23, 2025
TITLE 9 HUMAN RIGHTS
CHAPTER 2 AGE
PART 5 AREA AGENCY ON AGING DESIGNATION
9.2.5.1 ISSUING AGENCY: New Mexico Aging and Long-Term Services
Department (NMALTSD).
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9.2.5.2 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.
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9.2.5.3 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 3058, and
implementing regulations.
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9.2.5.4 DURATION: Permanent.
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9.2.5.5 EFFECTIVE DATE: September 23, 2025, unless a later date is
cited at the end of a section.
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9.2.5.6 OBJECTIVE: The objective of this rule is to establish
the AAA application and designation process.
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9.2.5.7 DEFINITIONS: See 9.2.1.7 NMAC for definitions.
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9.2.5.8 LEGAL
REFERENCES: [RESERVED]
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9.2.5.9 NEED FOR DESIGNATION: Applications for designation as an area
agency on aging (AAA), under the Older Americans Act, must be solicited by the
department when a new planning and service area (PSA) has been designated, when
an existing AAA has been de-designated, or when an existing AAA has voluntarily
withdrawn its designation.
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9.2.5.10 TYPE OF DESIGNATION: The department may designate federally
recognized AAAs under the auspices of the Older Americans Act or may designate
non-federally recognized AAAs under state authority. Non-federally recognized AAAs shall be
established and shall operate under the same rules as federally recognized AAAs
unless otherwise negotiated with the designated organization.
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9.2.5.11 ELIGIBILITY
AND PREFERENCE FOR DESIGNATION:
A. An AAA may be
any of the following:
(1) an
established aging organization which operates in a PSA;
(2) any
office or agency designated by the chief elected officials of a unit of general
purpose local government to function only as an AAA;
(3) any
office or agency designated by the chief elected officials of any combination
of units of general purpose local government to act on behalf of the
combination for such purpose; or
(4) any
non-state local public or private non-profit organization in a PSA, or any
separate unit within such organization, which is under the supervision or
direction for this purpose of the designated state agency, and which
demonstrates the ability and willingness to engage in the planning or provision
of a broad range of services under the Older Americans Act within such planning
and service area.
B. No regional or local office of state government may be
designated as an AAA.
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9.2.5.12 APPLICATION
PROCESS AND PROCEDURE:
A. When it is
necessary to solicit applications for area agency on aging designation pursuant
to 9.2.5.9 NMAC, the department shall provide public notice of the need to
solicit applications for designation and the process by which an entity can
apply for such designation.
B. The department
shall provide public notice as follows:
(1) in
newspapers of general circulation in the planning and service area for which
AAA applications are being solicited;
(2) on
the department website;
(3) via
electronic dissemination to New Mexico’s aging network; and
(4) in
written notification to units of general purpose local government in the
planning and service area.
C. In the written notification to the unit(s) of general
purpose local government, the department shall solicit the views of such
unit(s) of general purpose local government in the application process of any
AAA.
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9.2.5.13 AREA AGENCY ON AGING
REPLACEMENT REQUIREMENTS: Any
unsolicited application for AAA designation which, if approved, would result in
the replacement of a formally designated area agency on aging or substantially
impact the aging network within the PSA involved, must include:
A. written
indication of support, by resolution, of seventy-five percent of the governing
bodies of municipalities and counties within the PSA boundaries;
B. documentation
that existing services can be substantially improved through the proposed
change in designation;
C. assurance that no staff or board member of the applicant
has served on the staff or board of the existing area agency on aging within
the affected PSA, the department, or the United States administration for
community living for a period of not less than two years prior to the date of
notification of application; and
D. other criteria
deemed relevant by the department to the applicant’s ability to carry out the
duties of an AAA.
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9.2.5.14 REVIEW AND ASSESSMENT: The department shall review each application
for completeness and ability to meet the necessary requirements of
designation. The entity being considered
for AAA designation shall provide an opportunity for on-site review and
assessment by the department to ensure that said entity has the capacity to
perform the functions of an AAA, including the requirements set forth in 9.2.6
NMAC. The department shall consider the views offered by the unit(s) of general
purpose local government throughout its assessment process.
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9.2.5.15 DESIGNATION
REQUIREMENT: The department is responsible for designating
an area agency on aging to serve each planning and service area. Only one area agency on aging shall be
designated to serve each planning and service area for which the department
allocates funds under Title III of the Older Americans Act, supplemental state
funds, or both.
A. An area agency
that serves more than one planning and service area must maintain separate funding,
planning, and advocacy responsibilities for each planning and service area.
B. When designating a
new AAA, the department shall give right of first refusal to unit(s) of general
purpose
local government if such unit can meet the requirements of 9.2.5.13 NMAC and
9.2.5.14 NMAC, and the boundaries of the PSA are reasonably contiguous. If any unit of general purpose local
government chooses not to exercise right of first refusal, the department shall
then give preference to an established AAA or aging organization which operates
in the PSA and shall take into consideration the historical experience
applicants have had in coordination, planning, and delivery of services for
older adults. The department secretary
shall approve or disapprove any applications for designation in writing.
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9.2.5.16 RIGHT TO APPEAL: Applicants who have been denied designation
may appeal as provided in 9.2.11 NMAC.
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9.2.5.17 DESIGNATED AAAs:
A. The designated AAAs are posted to
the department’s web site.
B. All designation approvals shall be
maintained in the appropriate department records.
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9.2.5.18 CONFLICTS
OF INTEREST POLICIES AND PROCEDURES: The
area agency must have policies and procedures regarding conflicts of interest
in accordance with the Act, guidance as set forth by the assistant secretary
for aging, and state agency policies and procedures as set forth at 45 C.F.R.
Section 1321.47. These policies and
procedures must safeguard against conflicts of interest on the part of the area
agency, area agency employees, governing board and advisory council members,
and awardees who have responsibilities relating to the area agency’s grants and
contracts. Conflicts of interest
policies and procedures must establish mechanisms to avoid both actual and
perceived conflicts of interest and to identify, remove, and remedy any
existing or potential conflicts of interest at organizational and individual
levels.
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9.2.5.19 AREA AGENCY ON AGING
TITLE III AND TITLE VI COORDINATION RESPONSIBILTIES:
A. For planning and service areas where there are Title VI
programs, the area agency’s policies and procedures, developed in coordination
with the relevant Title VI program director(s), as set forth in 45 C.F.R.
Section 1322.13(a), must explain how the area agency’s aging network, including
service providers, will coordinate with Title VI programs to ensure compliance
with 42 U.S.C. Section 3062(a)(11)(B).
B. The policies and procedures set forth in subsection (A)
of this section must at a minimum address:
(1) How the area agency’s aging network,
including service providers, will provide outreach to Tribal elders and family
caregivers regarding services for which they may be eligible under Title III;
(2) The communication opportunities the
area agency will make available to Title VI programs, to include Title III and
other funding opportunities, technical assistance on how to apply for Title III
and other funding opportunities, meetings, email distribution lists,
presentations, and public hearings;
(3) The methods for collaboration on and
sharing of program information and changes, including coordinating with service
providers where applicable;
(4) How Title VI programs may refer
individuals who are eligible for Title III services;
(5) How services will be provided in a
culturally appropriate and trauma informed manner; and
(6) Opportunities to serve on advisory
councils, workgroups, and boards, including area agency advisory councils as
set forth in 45 C.F.R. Section 1321.63.
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9.2.5.20 STATE AGENCY OBLIGATION: The department shall assume area agency on
aging responsibilities in the event there are no successful applicants in the
state agency’s application process including the responsibility to administer
the agency area on aging programs in accordance with 42 U.S.C. Section 306(f).
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HISTORY OF 9.2.5
NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
the State Records Center: SAA Rule No. 95-5, Area Agency Designation, filed
4/13/1995.
History of Repealed Material:
SAA Rule No. 95-5,
filed 4/13/1995 - Repealed 6/30/2015.
9.2.5 NMAC, Area
On Agency Designation (filed 6/17/2015) Repealed effective 09/23/2025.
Other: 9.2.5 NMAC, Area On Agency Designation (filed
6/17/2015) Replaced by 9.2.5 NMAC, Area On Agency Designation effective
09/23/2025.