reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 36 - DIALYSIS AND KIDNEY FACILITIES AND TRAINING › Part 2 › Section 7.36.2.5

Current through Register Vol. 35, No. 13, July 16, 2024
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 37 - CLEAN INDOOR AIR › Part 2 - CERTIFICATION OF CIGAR BARS › Section 7.37.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all entities seeking to operate under
				  the cigar bar exemption to the smoking prohibition of the Dee Johnson Clean
				  Indoor Air Act, NMSA 1978, Section
				  24-16-1 et
				  seq.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 37 - CLEAN INDOOR AIR › Part 2 - CERTIFICATION OF CIGAR BARS › Section 7.37.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the following
				  statutory authorities: Section
				  9-7-6
				  E of the Department of Health Act, and Section
				  24-16-3
				  B(2) of the Dee Johnson Clean Indoor Air Act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 37 - CLEAN INDOOR AIR › Part 2 - CERTIFICATION OF CIGAR BARS › Section 7.37.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to establish standards for the
				  application and issuance of certificates for cigar bar status under the Dee
				  Johnson Clean Indoor Air Act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 37 - CLEAN INDOOR AIR › Part 2 - CERTIFICATION OF CIGAR BARS › Section 7.37.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in these rules
				  have the same meanings as set forth in the Dee Johnson Clean Indoor Air Act,
				  NMSA 1978, Section
				  24-16-1 et
				  seq.:
A.
"Applicant"
means an establishment or agent of an establishment that has applied for a
				certificate from the department and whose application has not yet been granted
				or denied; "applicant" includes an applicant for the renewal of a
				certificate.
B.
"Application"
means an establishment's application to the department for
				a certificate, and includes any supporting materials; "application" includes
				both an application for initial certification and an application for renewal
				certification.
C.
"Application review period"
means the time period allotted under these
				rules for the department to determine whether to grant or deny an
				application.
D.
"Bar"
means an establishment that is devoted to the selling or serving of alcoholic
				beverages for consumption by patrons on the premises, in which the serving of
				food in the establishment is only incidental to the consumption of those
				beverages.
E.
"Certificate"
means a document issued by the department certifying that
				an establishment's application to the department for cigar bar status under the
				Dee Johnson Clean Indoor Air Act, NMSA 1978, Section
				24-16-1 et
				seq., has been approved by the department.
F.
"Certificated establishment"
means an establishment that has applied for and been granted a certificate from
				the department, whose certificate has not expired or become otherwise invalid
				under these rules.
G.
"Cigar"
means a roll of tobacco that is wrapped in a substance
				containing tobacco, and that is intended for smoking, and does not include
				cigarettes.
H.
"Cigar
				bar"
means an establishment that:
(1)
				is a bar;
(2) is engaged in the
				business of selling cigars for consumption by patrons on the
				premises;
(3) generated at least
				ten percent of its total annual sales in the year 2007 from the sale of cigars,
				not including sales from vending machines; and
(4) generates ten percent or more of its
				total annual gross revenue or at least ten thousand dollars ($10,000) in annual
				sales from the sale of cigars, not including sales from vending
				machines.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 37 - CLEAN INDOOR AIR › Part 2 - CERTIFICATION OF CIGAR BARS › Section 7.37.2.8 - CERTIFICATE APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				applications for a certificate under these rules shall be made on the forms
				prescribed by the department. Forms may be obtained from the public health
				division of the department.
B. An
				applicant shall submit sales receipts and invoices for the previous twelve (12)
				months in support of its application.
C. An applicant shall submit to the
				department, together with its application, an application fee of three hundred
				dollars ($300.00). A certificate shall not be issued to an establishment that
				has failed to submit an applicable fee.
D. All applications shall be submitted to the
				department via certified U.S. mail.
E. The department shall review the
				application, and shall determine whether to grant or deny the application
				within forty-five (45) days from the date that the application was received by
				the department. If the department determines to grant a certificate to an
				establishment, it shall mail the certificate via certified U.S. mail to the
				mailing address identified in the establishment's application.
F. Notwithstanding the foregoing, in the
				event that the department deems an application or its supporting documentation
				to be insufficient to evidence that the establishment meets the definition of
				cigar bar, the department may either deny the application or request additional
				information or documentation from the establishment. Upon the department's
				rendering of a request for additional information or documentation, the
				department's forty-five day application review period shall be tolled and shall
				not resume until the department receives additional materials in response to
				its request. Upon the department's receipt of any additional materials
				submitted in support of the application (whether or not those materials were
				requested by the department), twenty (20) days shall be added to the
				application review period.
G. A
				certificated establishment applying for renewal of its certificate shall submit
				a renewal application to the department, complete with all required
				documentation and applicable fees, within twelve (12) months of the issuance of
				the establishment's previous certificate.
H. A certificate shall not authorize a
				certificated establishment to violate any portion of the Dee Johnson Clean
				Indoor Air Act, NMSA 1978, section
				24-16-1 et
				seq., nor shall a certificate authorize any certificated establishment to
				operate in violation of a county or municipal ordinance that is more stringent
				than that Act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 37 - CLEAN INDOOR AIR › Part 2 - CERTIFICATION OF CIGAR BARS › Section 7.37.2.9 - VALIDITY OF CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				certificate shall remain valid for twelve (12) months, except as otherwise
				provided by these rules. The department shall identify on the face of each
				certificate the date of the certificate's expiration.
B. A certificated establishment that ceases
				to be a bar shall have its certificate automatically rendered
				invalid.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 37 - CLEAN INDOOR AIR › Part 2 - CERTIFICATION OF CIGAR BARS › Section 7.37.2.10 - EFFECT OF NON-CERTIFICATION, EXPIRATION OR INVALIDATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An establishment that does not hold a
				valid certificate from the department may not operate under the cigar bar
				exemption of the Dee Johnson Clean Indoor Air Act, NMSA 1978, Section
				24-16-1 et
				seq., and may be subject to penalties provided under that Act for its
				violation.
B. An establishment
				whose certificate has expired or otherwise become invalid shall (upon the
				certificate's expiration date or upon the occurrence of the event that results
				in invalidation) immediately return the certificate to the department via
				certified U.S. mail; the establishment may not operate under the cigar bar
				exemption of the Dee Johnson Clean Indoor Air Act, NMSA 1978, Section
				24-16-1 et
				seq., until the establishment applies for and receives a new certificate from
				the department.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 37 - CLEAN INDOOR AIR › Part 2 - CERTIFICATION OF CIGAR BARS › Section 7.37.2.11 - DISCLOSURE OF CHANGE OF NAME OF ESTABLISHMENT OR OWNERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant or certificated establishment that changes its
				  name shall submit written notification to the department within thirty (30)
				  days of said change. An applicant or certificated establishment that violates
				  this rule shall have its certificate automatically rendered
				  invalid.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 37 - CLEAN INDOOR AIR › Part 2 - CERTIFICATION OF CIGAR BARS › Section 7.37.2.12 - NONTRANSFERABILITY OF CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A certificate shall not be transferred to another
				  establishment. This rule shall apply regardless of whether the other
				  establishment shares the same or a common owner or owners. A certificate
				  conveyed to another establishment in violation of this section shall be
				  automatically rendered invalid.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 37 - CLEAN INDOOR AIR › Part 2 - CERTIFICATION OF CIGAR BARS › Section 7.37.2.13 - DISPLAY OF CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A certificate shall be prominently displayed within the
				  premises of the certificated establishment so that it is in full public view at
				  all times.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 37 - CLEAN INDOOR AIR › Part 2 - CERTIFICATION OF CIGAR BARS › Section 7.37.2.14 - ENFORCEMENT OF THE DEE JOHNSON CLEAN INDOOR AIR ACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to NMSA 1978, Section
				24-16-16,
				enforcement of any violation of the Dee Johnson Clean Indoor Air Act shall be
				conducted by the local fire, police or sheriff's department having appropriate
				jurisdiction over the location where a violation occurs.
B. Persons may register complaints regarding
				an alleged violation of the Dee Johnson Clean Indoor Air Act with either the
				department or the local fire, police or sheriff's department. Upon receiving a
				complaint, the department shall refer the matter to a local fire, police or
				sheriff's department having appropriate jurisdiction for enforcement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 1 - SOCIAL SERVICES GENERAL PROVISIONS › Part 2 - GENERAL OPERATING PROCEDURE FOR THE OFFICE OF INSPECTOR GENERAL › Section 8.1.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Sections 27-1-2 and 27-1-3 NMSA 1978 provides for the department to "adopt,
				amend and repeal bylaws, rules and regulations." It also provides for
				administration of public assistance programs.
B. The Office of Inspector General (OIG) of
				the health care authority was created by the secretary under authority granted
				by Paragraph (3) of Subsection B of Section 9-8-6 NMSA 1978.
C. Section 9-8-1 et seq. NMSA 1978
				establishes the health care authority (HCA) as a single, unified department to
				administer laws and exercise functions relating to health care facility
				licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 1 - SOCIAL SERVICES GENERAL PROVISIONS › Part 2 - GENERAL OPERATING PROCEDURE FOR THE OFFICE OF INSPECTOR GENERAL › Section 8.1.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 1, 2018, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 1 - SOCIAL SERVICES GENERAL PROVISIONS › Part 2 - GENERAL OPERATING PROCEDURE FOR THE OFFICE OF INSPECTOR GENERAL › Section 8.1.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide general
				  operating policy for the Office of Inspector General (OIG).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 1 - SOCIAL SERVICES GENERAL PROVISIONS › Part 2 - GENERAL OPERATING PROCEDURE FOR THE OFFICE OF INSPECTOR GENERAL › Section 8.1.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following words and terms, when used in this section,
				  shall have the following meanings, unless the text clearly indicates
				  otherwise:
A.
"Abuse"
means to make excessive or improper use of a thing, or to employ it in a manner
				contrary to the material or legal rules for its use; to make an extravagant or
				excessive use, as to abuse one's authority. Abuse may also occur through
				expressive carelessness in following written instructions or policy or in
				failing to take proper action that results in improper payments for public
				assistance, food benefits, vendor payments, or claims processing. Abuse through
				expressive carelessness may occur in eligibility determination, supervision
				review, data processing, claims processing, or program
				interpretation.
B.
"Fraud"
is an intentional misappropriation, deception or
				misrepresentation made by a person(s) or entities with knowledge that the
				deception could result in some unauthorized benefit to the person(s), entity,
				other entity or some other person(s). The term includes any act that
				constitutes fraud under applicable federal or state laws, regulations, or
				rules.
C.
"Waste"
means not receiving reasonable value for money in connection with any
				government funded activities due to an inappropriate act or omission by
				person(s) or entities with control over or access to government resources
				(e.g., executive, judicial or legislative branch employees, grantees or other
				recipients). Waste goes beyond fraud and abuse and does not involve a violation
				of law. Waste relates primarily to mismanagement, inappropriate actions and
				inadequate oversight.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 1 - SOCIAL SERVICES GENERAL PROVISIONS › Part 2 - GENERAL OPERATING PROCEDURE FOR THE OFFICE OF INSPECTOR GENERAL › Section 8.1.2.9 - RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Generally, the OIG, is responsible for conducting independent
				  audits, reviews, and investigations of HSD programs and operations, while
				  detecting and preventing fraud, waste, and abuse. Through audits and reviews,
				  the OIG promotes accountability, efficiency, economy, and integrity through
				  research and analysis, and by providing recommendations for improvement to
				  HSD's secretary, leadership and management. The OIG conducts investigations
				  into public assistance, i.e. medicaid, supplemental nutrition assistance
				  program (SNAP), temporary assistance for needy families (TANF), etc., fraud,
				  and HSD contractor and internal employee fraud. If potential fraud is
				  identified, the OIG, when appropriate, will pursue prosecutive remedies and, in
				  coordination with HSD, administrative remedies. Nothing in this section shall
				  prohibit law enforcement agencies from pursuing claims for alleged violations
				  of criminal conduct or other governmental entities from seeking all rights and
				  remedies as permitted by law and regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 1 - SOCIAL SERVICES GENERAL PROVISIONS › Part 2 - GENERAL OPERATING PROCEDURE FOR THE OFFICE OF INSPECTOR GENERAL › Section 8.1.2.10 - AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
In conjunction with federal and state law, rules and
				  regulations that apply to HSD programs, the OIG is authorized:
A. To audit, review, inspect, evaluate, and
				investigate activities, records, electronic media, and individuals affiliated
				with contracts and procurements undertaken by HSD and any other official act or
				function of HSD.
B. To have access
				to all records, reports, audits, reviews, documents, papers, electronic media,
				recommendations, or other material available to the individual or entity which
				relate to HSD's programs and operations with respect to which the OIG has
				responsibility.
C. To conduct
				criminal, civil, and administrative investigations.
D. To engage in prevention activities,
				including but not limited to; review of legislation; review of rules,
				regulations, policies; procedures, and transactions; training and
				education.
E. To refer matters for
				further civil, criminal, and administrative action to appropriate
				administrative and prosecutorial agencies.
F. To refer matters to other law enforcement
				agencies, when appropriate.
G. To
				conduct joint investigations and projects with other oversight or law
				enforcement agencies.
H. To
				establish guidelines and procedures to guide functions and processes conducted
				by the OIG.
I. To recoup the cost of
				investigations from nongovernmental entities as permitted by law.
J. To administer to or take from any person
				an oath, affirmation, affidavit or sworn statement, whenever necessary in the
				performance of the OIG functions assigned by this code.
K. To request such information or assistance
				as may be necessary for carrying out the duties and responsibilities provided
				by this code from any federal, state, or local governmental agency or unit
				thereof.
L. Access to HSD's
				secretary, leadership and management when necessary for any purpose pertaining
				to the OIG's responsibilities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 1 - SOCIAL SERVICES GENERAL PROVISIONS › Part 2 - GENERAL OPERATING PROCEDURE FOR THE OFFICE OF INSPECTOR GENERAL › Section 8.1.2.11 - POWERS

Current through Register Vol. 35, No. 13, July 16, 2024
The OIG is granted the following powers:
A. Access to all records maintained by or
				available to any governmental entity relating in any way to the OIG's duties
				and responsibilities.
B. Access to
				testimony or documents from any individual, firm, or nongovernmental entity
				relating to the duties and responsibilities of the OIG.
C. Require HSD employees to report to the OIG
				information regarding fraud, waste, corruption, illegal acts, and
				abuse.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 1 - SOCIAL SERVICES GENERAL PROVISIONS › Part 2 - GENERAL OPERATING PROCEDURE FOR THE OFFICE OF INSPECTOR GENERAL › Section 8.1.2.12 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
The OIG shall maintain confidentiality of records and, to the
				  extent practicable, the identities of individuals who provide information to
				  the OIG, except as authorized or required by law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 1 - SOCIAL SERVICES GENERAL PROVISIONS › Part 2 - GENERAL OPERATING PROCEDURE FOR THE OFFICE OF INSPECTOR GENERAL › Section 8.1.2.13 - COOPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with federal and state laws and regulations
				  and, if applicable, collective bargaining agreements, all HSD employees shall
				  cooperate fully and promptly with requests from the OIG for information and
				  data relating to HSD programs and operations. All HSD employees shall also
				  comply with requests for interviews and briefings and must provide affidavits
				  or sworn statements, if so requested by an employee of the OIG so designated to
				  take affidavits or sworn statements. The OIG is not required to give advanced
				  notice before conducting audits, reviews or investigations. When possible,
				  supervisors will be informed in advance if their areas of responsibility that
				  are to be audited. Because some OIG investigations may involve allegations of
				  criminal misconduct, circumstances will dictate whether, and what type of,
				  notice will be given, if any. HSD employees must not impede or hinder other
				  employees' cooperation with the OIG. In accordance with Act 10-16C-1 through
				  10-16C-6 NMSA 1978, HSD managers shall prohibit reprisals against employees who
				  cooperate with or disclose information to the OIG or other lawfully appropriate
				  authority. HSD will also take administrative action against employees who take
				  reprisals against employees who have cooperated with the OIG or other lawful
				  appropriate authority to include, but is not limited to, counsel, reprimand,
				  suspension, or termination. 8.1.2.13 NMAC, must be applied to all HSD
				  contracts, replacing "HSD" with "contractor", where
				  applicable.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department
				  (CYFD).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This policy applies to all CYFD staff who work with the child
				  and adult care food program ("CACFP") and to participating institutions
				  including sponsoring organizations, independent centers and family child care
				  providers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The NM food assistance and support program regulations are
				  administered pursuant to regulation promulgated by the US department of
				  agriculture Code of Federal Regulations, 7 CFR Part 226, pursuant to Section 17
				  of the National School Lunch Act, as amended.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 15, 2009, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish regulations for administration of the child and
				  adult care food program, ("program"), including requirements for participating
				  organizations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Act" means the
				National School Lunch Act, as amended.
B. "Administrative costs" means costs
				incurred by an institution related to planning, organizing, and managing a food
				service under the program and allowed by the state agency financial management
				instruction.
C. "Administrative
				review" means the fair hearing provided upon request to:
(1) an institution that has been given notice
				by CYFD of any action or proposed action that will affect their participation
				or reimbursement under the program, in accordance with 7 CFR Part
				226.6(k);
(2) a principal or
				individual responsible for an institution's serious deficiency after the
				responsible principal or responsible individual has been given a notice of
				intent to disqualify them from the program; and
(3) a day care home that has been given a
				notice of proposed termination for cause.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.8 - APPLICATION APPROVAL, RENEWAL AND TERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The children, youth and families
				department (CYFD) may enter into an agreement for participation in the program
				with any non-profit 501 (c)(3) organization, government agency or proprietary
				Title XX organization which meets the established criteria and requirements
				according to
				7 CFR
				226.6(b)(1)-(b)(3).
(1) Child care centers must be state
				licensed, or have tribal approval or military approval if located on a military
				base and shall comply with 7 CFR Part 226.17.
(2) Adult day care centers must be state
				licensed, or have tribal approval or military approval if located on a military
				base and comply with 7 CFR Part 226.19(a).
(3) Outside-school-hours care centers must be
				state licensed, or have tribal approval or military approval if located on a
				military base and comply with 7 CFR Part 226.19.
(4) Family day care homes must be state
				licensed or registered, or have tribal approval or military approval if located
				on a military base and comply with 7 CFR Part 226.18.
(5) At risk programs must be state licensed
				or approved, or have tribal approval or have military approval if located on a
				military base and comply with 7 CFR Part 226.17a.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.9 - ADMINISTRATIVE REVIEW PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				children, youth and families department will follow the administrative appeal
				process as described in 8.8.4 NMAC and as required in 7 CFR Part 226.6(k) and
				for the following state actions:
(1)
				application denial: denial of a new or renewing institution's application for
				participation;
(2) denial of
				sponsored facility application: denial of an application submitted by a
				sponsoring organization on behalf of a facility;
(3) notice of proposed termination: proposed
				termination of an institution's agreement (see 7 CFR Part 226.6(c)(2)(iii)(C),
				Part 226.6(c)(3)(iii)(C), and Part 226.6(c)(5)(i)(B) dealing with proposed
				termination of agreements with renewing institutions, participating
				institutions, and participating institutions suspended for health or safety
				violations);
(4) notice of proposed
				disqualification of a responsible principal or responsible individual: proposed
				disqualification of a responsible principal or responsible individual (see 7
				CFR Part 226.6(c)(1)(iii)(C), Part 226.6(c)(2)(iii)(C), Part
				226.6(c)(3)(iii)(C), and Part 226.6(c)(5)(i)(B) dealing with proposed
				disqualification of responsible principals or responsible individuals in new,
				renewing, and participating institutions, and participating institutions
				suspended for health or safety violations;
(5) suspension of participation: suspension
				of an institution's participation;
(6) start-up or expansion funds denial: a
				denial of an institution's application for start up or expansion
				payments;
(7) advance denial: a
				denial of a request for an advance payment;
(8) recovery of advances: recovery of all or
				part of an advance in excess of the claim for the applicable period; the
				recovery may be through a demand for full repayment or an adjustment of
				subsequent payments;
(9) claim
				denial: a denial of all or part of a claim for reimbursement, except for late
				submission as stated in
				7 CFR
				226.10(e);
(10) claim deadline exceptions and requests
				for upward adjustments to a claim: decision by CYFD not to forward to FNS an
				exception request by an institution for payment of a late claim, or a request
				for an upward adjustment to a claim;
(11) overpayment demand: a demand for the
				remittance of an overpayment, or any other action affecting the participation
				of an institution in the program or the institution's claim for
				reimbursement;
(12) other actions:
				any other CYFD action affecting an institution's participation or its claim for
				reimbursement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.10 - PROGRAM ASSISTANCE AND REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. CYFD provides at least annual training and
				technical assistance, as needed, to participating institutions and sponsoring
				organizations.
(1) CYFD conducts ongoing
				program reviews of institutions to assess compliance with state and federal
				guidelines for operating the program. CYFD may conduct a review of any
				institution, at any time, without prior notification in order to ascertain
				program compliance.
(2) CYFD
				annually reviews at least one-third of all sponsoring organizations.
(3) Independent centers, sponsoring
				organizations of centers, and sponsoring organizations of day care homes with 1
				to 200 providers will be reviewed at least once every three years. Reviews of
				sponsoring organizations will include reviews of at least 15 percent of their
				childcare, adult day care and outside-school-hours care centers and at least 10
				percent of their day care homes.
(4) Sponsoring organizations with more than
				200 homes will be reviewed at least once every two years. Reviews of such
				sponsoring organizations will include reviews of at least 10 percent of the
				first 200 homes, 5 percent of the next 800 homes, and 2.5 percent of all homes
				in excess of 1,000 homes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.11 - COMPLAINT AND REFERRAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				CYFD promptly investigates complaints received by the public or other state
				offices in connection with the operation of the program, and takes appropriate
				action to correct any program non-compliance or deficiency.
B. CYFD maintains a file of all such
				investigations and related actions taken.
C. Institutions found to be non-compliant or
				seriously deficient receive written notice and are required to correct all
				violations. CYFD makes the determination about the institution's correction of
				all violations.
D. CYFD will issue
				a proposal to terminate the program agreement with institutions if serious
				deficiencies are not corrected within 90 or fewer calendar days of written
				notification to the institution.
E.
				CYFD shall suspend an institution's participation when there is an imminent
				threat to the health and safety of participants, as per 7 CFR Part
				226.6(c)(5)(i)(A).
F. When CYFD,
				family nutrition bureau staff observes, during investigations, violations of
				applicable health, safety, or staff-child ratio standards, or attendance in
				excess of licensed or other approved capacity, CYFD family nutrition bureau
				staff shall promptly refer any such violations to CYFD's child care services
				bureau.
G. CYFD denies
				reimbursement to providers for program meals served to attending children in
				excess of the licensed or other approved capacity.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.12 - FINANCIAL MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. CYFD
				reviews and approves all institution administrative budgets submitted with the
				application.
(1) CYFD reviews and approves
				all budget adjustment requests with adequate justification.
(2) CYFD reviews and approves all changes
				made to the management plan.
(3)
				Institutions are responsible for accounting for costs correctly and for
				maintaining sufficient supporting documentation to demonstrate that costs
				claimed have been incurred, are allowable to the program and comply with CYFD
				policies, financial management requirements and with USDA's FNS instruction
				796-2, Revision 3 which is distributed to all institutions upon approval to
				participate in the program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.13 - AUDIT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Institutions shall conduct financial audits of their program in accordance with
				the office of management and budget circulars A-133 and A-110 and the U.S.
				department of agriculture's uniform federal assistance regulations ( 7 CFR Part
				3015 ). CYFD instructs institutions of the audit requirements during annual
				training.
B. Institutions not
				subject to the OMB A-133 or A-110 audit requirements will have a financial
				review conducted by CYFD during administrative program reviews which will be
				conducted no less than every three years and upon any referral or complaint
				regarding financial operations.
C.
				Audits are due to CYFD no later than nine months after the close of the
				institution's fiscal year.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.14 - PAYMENT PROVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Congress assigns rates of reimbursement for meals, annually.
B. Institutions shall submit to CYFD each
				month's counts for meals served daily to participants from families meeting the
				eligibility standards for free meals, participants from families meeting the
				eligibility standards for reduced-price meals, and participants from families
				not meeting such guidelines.
C.
				CYFD uses the meals times rates payment method to reimburse institutions
				participating in the program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.15 - CLAIMS AGAINST INSTITUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A CYFD shall recover any payment made to an institution for
				  disallowed claims. CYFD identifies disallowed claims during program reviews and
				  considers payments made for such claims as over payments. CYFD shall notify all
				  institutions of the reasons for the disallowed claim and demand reimbursement.
				  The institution may request an administrative review of CYFD's decision as
				  provided in Paragraph (11) of Subsection A of
				  8.2.2.9
				  NMAC.
B. Disallowed claims include the
				following for independent centers:
(1) lack of
				documentation to verify sufficient milk purchases to meet the required portion
				size for each age group, as documented in the menu record book and claimed for
				any month reviewed;
(2)
				reimbursement for meals, or snacks, claimed which lack required
				components;
(3) reimbursement for
				meals or snacks claimed which include non creditable foods as one of the
				required meal components;
(4)
				reimbursement for meals claimed when food production observed or recorded
				indicate there was not enough food prepared to provide the minimum serving size
				for the meals claimed for eligible children; food production is calculated
				using the USDA food buying guide;
(5) reimbursement for meals claimed when
				there is insufficient, or lack of, documentation to support the quantity and
				types of foods served;
(6)
				reimbursement for meals claimed in excess of two main meals and one supplement,
				or two supplements and one main meal per child, per day;
(7) reimbursement for meals claimed when meal
				count records do not support the meals claimed, or when any other required
				documentation to support the meals claimed, is not available;
(8) reimbursement for meals served during
				unapproved meal time periods;
(9)
				reimbursement for individual meals claimed in excess of recorded attendance or
				authorized capacity;
(10)
				reimbursement for all meals claimed for any month by for-profit Title XX
				centers when less than 25 percent of enrolled participants are Title XX
				beneficiaries or eligible for free or reduced price meals.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.16 - INSTITUTION OPERATIONAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each institution is solely responsible for
				the administrative and financial management of the program, including the
				actions of their employees. Institutions may not use independent contractors to
				manage the program.
B. Each
				institution shall provide adequate supervisory and operational personnel for
				monitoring and management of the program.
C. Each institution shall establish
				procedures to collect and maintain all necessary program records as described
				in the Code of Federal Regulations,
				7 CFR
				226.15 e(1), (3), (4), (7), (8), (9), (10),
				(11), and (12).
D. Sponsoring
				organizations of day care homes shall maintain their provider, participant,
				meal attendance, monitoring visits and claim payment records in an electronic
				format using a state agency approved computer data base program. Sponsors
				submit their data electronically on a regular basis and as requested by CYFD in
				a format compatible with CYFD's electronic data base program.
E. Each institution shall maintain
				appropriately staffed offices and phone lines for access by program clients and
				CYFD staff.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.17 - SPONSORING ORGANIZATION PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Sponsoring organizations of day care homes
				shall monitor the program at all day care homes under their respective
				jurisdiction according to requirements in
				7 CFR 226.16(d)
				(1), (2), (3), and (4). Additionally,
				sponsors are required to review each day care home participating with the
				organization at least four times during the provider's application year and
				follow the review elements and reconciliation of meal count requirements listed
				in
				7 CFR
				226.16(d)(4)
				(i-ii).
B. Sponsoring organizations
				of day care homes shall maintain information concerning dates and amount of
				disbursement to each day care home and information concerning the dates and
				location of each day care home review.
C. Sponsoring organizations of day care homes
				shall provide payments of claim reimbursement funds to their day care home
				providers within five working days of receipt of funds from CYFD.
D. Sponsoring organizations of day care homes
				shall maintain their data on providers, program participants, monitoring
				visits, meal attendance and claim payments made to providers, in a child and
				adult care food program software system approved by CYFD in order to provide
				consistent data reporting. Sponsoring organizations of day care homes shall
				respond to CYFD inquiries regarding possible duplicate participants or
				providers, and any other program integrity questions in a timely
				manner.
E. Sponsoring organizations
				of child care and adult day care facilities shall provide adequate supervision
				and monitoring of the program at all child care and adult day care facilities
				under their jurisdiction and according to 7 CFR Part 226.16(d).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.18 - REQUIREMENTS FOR MEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				meal served in the program shall comply with USDA meal patterns as outlined in
				federal regulations 7 CFR Part 226.20 and with the CYFD creditable foods list.
(1) Non-creditable foods shall not be used to
				meet the meal pattern component requirement. Some foods which are
				non-creditable include but are not limited to: hot dogs, doughnuts, and
				processed lunch meats that do not appear in the USDA food buying guide or do
				not have a child nutrition (CN) label. All items which are listed as "not
				reimbursable" or "not allowable" on the non creditable list supplied by CYFD
				are not reimbursable, and their purchase price is subtracted from total food
				costs by CYFD review staff during program and other on site reviews.
(2) Infants shall be provided meals which
				follow USDA meal pattern for infants. The provider/center is responsible for
				providing one milk or soy-based house formula only. The parent shall be
				notified in writing of the availability of this formula. If the parent elects
				to have the center/provider use a different formula which the parent provides,
				the infant may still be claimed for reimbursement. Care givers may not deviate
				from the infant meal pattern without a doctor's written statement which
				specifies what foods to allow or not allow for the individual infant.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.19 - FOOD SERVICE MANAGEMENT COMPANIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Institutions which contract with a food service management company remain
				responsible for ensuring that the food service operation conforms to all
				requirements herein.
B. All
				procurement of meals from food service management companies shall adhere to the
				procurement standards set forth in
				7 CFR
				226.22, Procurement Standards.
C. Institutions with program meal contracts
				of an aggregate value in excess of $10,000 shall formally advertise such
				contracts and comply with the federal procedures in
				7 CFR
				226.21(a) (1-8), which are
				intended to prevent fraud, waste and program abuse.
D. The institution and the food service
				management company shall enter into a standard contract as required in
				7 CFR
				226.6(I).
E. The institution shall submit to CYFD a
				copy of its contract with the food service management company prior to the
				beginning of program operations under the subject contract.
F. Proposed additional provisions to the
				standard contract are submitted to CYFD for approval.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.20 - FREE AND REDUCED-PRICE MEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each institution shall submit to CYFD, at the time it applies for program
				participation, a written policy statement concerning free and reduced-price
				meals to be uniformly used in all child care and adult day care facilities
				under its jurisdiction.
B.
				Institutions are not approved for participation unless CYFD approves the free
				and reduced price policy statement. CYFD provides the free and reduced price
				policy statement with each initial application.
C. Each institution annually shall provide a
				public release to the local media to inform the public of the program's
				availability.
(1) For all institutions, other
				than sponsoring organizations of day care homes, the public release shall
				include the USDA income eligibility guidelines for free and reduced-price
				meals.
(2) The public release
				issued by sponsoring organizations of day care homes shall include the USDA
				income eligibility guidelines for reduced-price meals.
(3) The public release issued by all
				institutions shall announce the availability of meals at no separate charge and
				state that meals are available to all participants without regard to race,
				color, national origin, sex, age or disability.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.21 - VERIFICATION OF PROVIDER ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. CYFD verifies eligibility for free and
				reduced-price meals on an annual basis, in accordance with federal regulations
				7 CFR
				226.23(h).
B. Sponsoring organizations of family day
				care homes are responsible for verifying the income eligibility for providers
				who are classified as Tier 1 based on household income.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM › Section 8.2.2.22 - OTHER NUTRITION PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				CYFD provides nutrition education and training to all institutions and
				participants as an integral part of the child and adult care food program
				administration in New Mexico.
(1) Nutrition
				education activities shall be conducted by center staff in child care centers
				on a monthly basis. Center staff shall document these activities on CYFD forms
				and maintains such forms for CYFD's review.
(2) Family day care home providers are
				encouraged to provide nutrition education activities to children as part of
				their developmentally appropriate program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This policy applies to all CYFD staff who work with the
				  Summer Food Service Program and to participating sponsoring
				  organizations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Code of Federal regulations, 7 CFR Part 225, Section 13 of
				  the National School Lunch Act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish regulations for administration of the Summer
				  Food Service Program, including requirements for participating sponsoring
				  organizations.