New Mexico Register / Volume XXXVII,
Issue 11 / June 9, 2026
NOTICE
OF RULEMAKING
The Department of Finance
and Administration, Local Government Division, has scheduled a public hearing
for the proposed amendment of New Mexico Administrative Code (NMAC) rule
2.110.5, Juvenile Adjudication Fund Grants to Local Governments. The proposed amendment seeks to:
* Correct punctuation, grammatical
errors, and references contained in the rule;
* Add a definition for “Indirect
Costs”;
* Clarify travel reimbursement under
the rule;
* Update Application Procedure.
Notice Date: June
9, 2026
Hearing Date: July
14, 2026
Adoption Date:
Proposed as July 16, 2026
Effective Date:
Proposed as July 28, 2026
Technical
Citations: 2.110.5 NMAC
The Department is
proposing to amend 2.110.5 NMAC as follows:
Section 7:
***
L. “Indirect costs” refers to overhead, salaries and benefits for support staff, equipment
costs, administrative expenses, supplies, and other expenses incurred by the
grantee that are not direct costs of the alternative adjudication program.
Section 8:
***
(3) Internal control. Effective control
and accountability must be maintained for all grant funds and items purchased
with grant funds.
Grantees must adequately safeguard all such funds and items and must [assure] ensure that they are used solely for
authorized purposes.
Section 10:
***
(3) The applicant must have completed all
audits required under the Audit Act, have a budget approved by the division
pursuant to [the]Chapter 6, Article
6 NMSA 1978, and be current on all financial
reports required to be submitted to the division under that article.
***
(2) The mentor alternative adjudication program
must submit a letter supporting the application for grant assistance for the
alternative adjudication program that has been in operation for less
than two consecutive years.
Section 11:
***
(3) travel for [juvenile participants in
and] personnel and contractors of alternative adjudication programs, in
accordance with and subject to the limitations provided in the Per Diem and
Mileage Act and implementing regulations;
Section 13:
A. [For each application cycle,
the division shall
determine:the amount
available for grants;
(3) the
limit (if any) that any single grantee
may be awarded;
(4) the
grant period during
which grant funds may be expended;
(5) the
form and content
of applications;
(6) the
application deadline;
(7) the
specific evaluation criteria
to be used to evaluate
and rate applications; and
(8) the
form of the grant agreement.
A. Two copies of the application for grant
funds, one of which has original signatures, must be submitted to: Department of Finance and Administration Local Government Division,
Bataan Memorial Building, Suite 201, Santa Fe, New Mexico
87501, Phone: (505) 827-4950.] For each application cycle, the
division shall publish application instructions and submission protocols on its
website.
A. Applications must be received [at] by the local government division by 4:00 p.m. of the designated application deadline.
B. In the event that the application is
incomplete or requires modification, the applicant will be promptly notified
by the division. The
applicant must then[immediately] submit
the information and modification
requested. Applicants that do not
respond[in writing may be disqualified] by the deadline established
by the division are disqualified.
C. The
applicant's governing body must authorize
by resolution the applicant to submit the application. A copy of the resolution must
be included with the application.
These proposed
rule changes will be contained in 2.110.5 NMAC.
The register and the proposed rule are available on the DFA website at
https://www.nmdfa.state.nm.us/. If you
do not have internet access, a copy of the proposed register and rule may be
requested by contacting DFA’s General Counsel’s officer at dfalegal@dfa.nm.gov.
The DFA plans to
adopt this rule on July 16, 2026.
A public hearing
to receive testimony on this proposed rule will be held on July 14, 2026, at
9:30 a.m.
A hearing will be
held at the New Mexico Department of Finance and Administration, Bataan
Memorial Building, 407 Galisteo St., Santa Fe, NM 87501, State Budget
Conference Room, and via Microsoft Teams.
Join Microsoft
Teams Meeting
Link: https://teams.microsoft.com/meet/296618396864724?p=IhnQM0FvhUwVsKAkgg
Meeting ID: 296 618 396 864
724
Passcode: FA3sr9E4
If you are a
person with a disability and you require this information in an alternative
format or require a special accommodation to participate in the public hearing,
please contact our staff to discuss your accessibility needs at least one week
prior, or as soon as possible, by emailing the Department of Finance and
Administration, General Counsel Office at: dfalegal@dfa.nm.gov or
505-827-3985.
DFA will make
copies of all comments available upon request, either by providing copies
directly to a requestor or by making them available on the DFA website or at a
location within the requestor's county.
Interested
persons may address written comments to:
Department of
Finance and Administration, Financial Control Division
ATTN:
2.42.2 NMAC Public Comments
407
Galisteo St.
Bataan
Memorial Building
Santa
Fe, NM 87501
Recorded comments
may be left at (505) 827-3985. Interested
persons may also address comments via electronic mail to: dfalegal@dfa.nm.gov. Written mail,
electronic mail, and recorded comments must be received no later than 5:00 p.m.
MT on July 14, 2026. Written and
recorded comments will be given the same consideration as oral testimony made
at the public hearing. All written
comments received will be posted as they are received on the DFA website at
https://www.nmdfa.state.nm.us/ along with the applicable register and rule. The public posting will include the name and
any contact information provided by the commenter.