New Mexico Register / Volume XXXVI,
Issue 18 / September 23, 2025
TITLE 9 HUMAN RIGHTS
CHAPTER 2 AGE
PART 7 DE-DESIGNATION OF AREA AGENCIES
ON AGING
9.2.7.1 ISSUING AGENCY: New Mexico Aging and Long-Term Services
Department (NMALTSD).
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9.2.7.2 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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9.2.7.3 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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9.2.7.4 DURATION: Permanent.
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9.2.7.5 EFFECTIVE DATE: September 23, 2025, unless a later date is
cited at the end of a section.
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9.2.7.6 OBJECTIVE: The objective of this rule is to establish
standards and criteria for the de-designation of area agencies on aging.
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9.2.7.7 DEFINITIONS: See 9.2.1.7 NMAC for definitions.
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9.2.7.8 LEGAL REFERENCES: [RESERVED]
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9.2.7.9 BACKGROUND: De-designation of an area agency on aging may
occur voluntarily or involuntarily. An area
agency on aging may voluntarily relinquish its area agency on aging
designation. When an area agency on
aging fails to comply with applicable federal or state rules, statutes or
codes, or terms of a contract, the department may take action as may be legally
available and appropriate to the circumstance.
[9.2.7.9 NMAC -
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9.2.7.10 DEPARTMENT RESPONSIBILITIES: The department’s written acceptance of any
voluntary relinquishment of area agency on aging designation shall be
considered the department’s withdrawal of designation. Prior to any involuntary
de-designation effort, the department must provide the area agency on aging
with the opportunity to correct any deficiency which may be cause for
de-designation.
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9.2.7.11 DE-DESIGNATION: The department shall withdraw an area agency
on aging designation whenever the department, for specific documented reasons
and after reasonable notice and opportunity for a hearing, as provided in
9.2.11 NMAC, finds that:
A. the area agency
on aging does not meet the requirements of federal or state regulations, as
specified in 9.2.6 NMAC and 45 C.F.R. Section 1321; or
B. the area plan or
area plan amendment is not approved in the current funding period; or
C. there is
substantial failure to properly administer the approved area plan or to comply
with any provision of the Older Americans Act, the regulations and other
guidance set forth by the assistant secretary, the terms and conditions of
federal grant awards under the Older Americans Act, or the department’s rules
or published policies and procedures; or
D. activities of the
area agency on aging are inconsistent with the statutory mission prescribed in
the Older Americans Act or in conflict with the requirement of the Act that it
function only as an area agency on aging; or
E. the area agency
on aging does not perform its responsibilities as required by its contract with
the department; or
F. the department changes one or more planning and service
area designations; or
G. the area agency voluntarily requests the department
withdraw its designation.
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9.2.7.12 NOTIFICATION OF CONTEMPLATION OF
WITHDRAWAL OF AREA AGENCY ON AGING DESIGNATION: If the department contemplates withdrawal of
designation of an area agency on aging, the department will notify appropriate
individuals and organizations in advance of the contemplated withdrawal and shall set forth the reasons which make it
necessary. This notification shall be
sent by certified mail, return receipt requested, to:
A. the governor of
New Mexico;
B. the New Mexico
congressional delegation;
C. state senators and
representatives of the districts in which the area agency on aging provides
services;
D. the department
policy advisory committee;
E. county commission
chairpersons and mayors of cities, towns, and villages in the affected planning
and service area(s);
F. governors or
presidents of Indian pueblos or tribes in the affected planning and service
area(s);
G. the governing
body of the area agency on aging;
H. service providers
that have current contracts with the area agency; and
I. the area agency
on aging advisory council.
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9.2.7.13 NOTIFICATION OF WITHDRAWAL OF
AREA AGENCY ON AGING DESIGNATION:
A. An area agency on aging shall be notified, by certified
mail, return receipt requested, at least 10 working days prior to the effective
date of its de-designation as an area agency on aging. Such notification shall explain the right of
the area agency on aging to appeal such decision as outlined in 9.2.11 NMAC.
B. If, in the department’s judgment, an egregious situation
exists that seriously threatens the health and welfare of a significant segment
of the older adult population within the affected planning and service area(s),
the de-designation may be made effective immediately and so stated in the
letter of notification. Immediate
de-designation does not preclude processing appeals under 9.2.11 NMAC.
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9.2.7.14 PROCEDURES FOLLOWING WITHDRAWAL
OF DESIGNATION: If the department de-designates an area
agency on aging, the department shall take the following actions:
A. The department
will notify, by certified mail, return receipt requested, the assistant
secretary and others as specified in 9.2.7.12 NMAC or as required by federal
regulation.
B. The department will submit a state plan or state plan
amendment to the assistant secretary that includes the withdrawal of
designation.
C. The department
will provide a plan for continuity of services in the affected planning and
service area(s) and will:
(1) discontinue reimbursement to the
former area agency on aging except for outstanding obligations;
(2) notify area agency on aging
contractors regarding where to submit requests for reimbursement;
(3) terminate
any contracts with the former area agency on aging; and
(4) designate
an interim or new area agency on aging to administer the planning and service
area(s) in a timely manner.
D. If an area agency on aging is de-designated, the
department may, if necessary to ensure continuity of services in a planning and
service area, assume the role of the area agency on aging for a period of up to
180 days after its final decision to withdraw designation of the area agency on
aging; this period may be extended by the assistant secretary. The department may also elect to assign the
responsibilities of the area agency to another agency in the planning and
service area.
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HISTORY OF 9.2.7
NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
the State records center:
SAA Rule No. 95-7,
Withdrawal of Area Agency Designation, filed 4/13/1995.
History of Repealed Material:
SAA Rule No. 95-7,
filed 4/13/1995 - Repealed 6/30/2015.
9.2.7 NMAC,
De-Designation of Area Agencies on Aging filed 6/17/2015 Repealed effective
09/23/2025.
Other: 9.2.7 NMAC, De-Designation of Area
Agencies on Aging filed 6/17/2015 Replaced by 9.2.7 NMAC, De-Designation of
Area Agencies on Aging filed 6/17/2015 effective 09/23/2025.