reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 8 - ADEQUATE PROPORTION OF SERVICES › Section 9.2.8.12 - PROCEDURES FOR GRANTING A WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
If review of the documentation outlined above justifies a
				  waiver, the state agency will publish a notice of intent to grant such a
				  waiver, outlining the state agency's justification for the proposed action.
				  This notice will provide a thirty (30) day comment period during which time an
				  individual or a service provider from the area may request a hearing by the
				  state agency on the pending waiver request. At the end of the thirty (30) day
				  comment period, if no hearing has been requested, the state agency's decision
				  to grant the waiver will become effective and the state agency will notify the
				  area agency of the decision in writing within five (5) working
				  days.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 8 - ADEQUATE PROPORTION OF SERVICES › Section 9.2.8.13 - HEARINGS/APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				hearing/appeal is requested, the state agency will conduct the hearing
				according to the procedures listed in Rule No. SAA-95-11 [now 9.2.11
				NMAC].
B. Procedures for requesting
				a hearing.
(1) The interested persons or
				service providers must submit to the state agency a written request for a
				hearing. A copy of the written request to the state agency must also be sent to
				the area agency at the same time the state agency is notified. The request must
				be received by the state agency by close of business on the thirtieth day
				following publication of the notice to grant a waiver.
(2) Within five (5) working days of the
				receipt of the request for a hearing, the state agency will establish the day
				of the hearing and notify the complainant and the area agency in writing of the
				day and time. The notification will be provided to the interested persons or
				service providers at least ten (10) working days prior to the
				hearing.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 9 - DIRECT SERVICES › Section 9.2.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 9 - DIRECT SERVICES › Section 9.2.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the federal and state funded programs administered by the aging
				  and long term services department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 9 - DIRECT SERVICES › Section 9.2.9.9 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Area agencies on aging must develop a service delivery system
				  by contracting with other organizations to provide services to older
				  individuals. The role of an area agency on aging is to engage in area-wide
				  planning and development and to purchase needed services. An area agency on
				  aging shall not provide direct services to older individuals, except where, in
				  the judgment of the department, the area agency on aging has demonstrated
				  that:
A. The provision of such
				services by an area agency on aging is necessary to assure an adequate supply
				of such services; or
B. Such
				services are directly related to the area agency on aging's administrative
				function(s); or
C. Such services of
				comparable or higher quality can be provided more economically by the area
				agency on aging.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 9 - DIRECT SERVICES › Section 9.2.9.10 - TEST STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall determine whether an area agency on
				  aging shall be granted a direct service waiver based on the ability of the area
				  agency on aging to document or demonstrate that, at a minimum, one (1) of the
				  following test standards has been met.
A.Adequate supply test standard: this test
				standard requires the area agency on aging to demonstrate that service(s) are
				either not offered or are only partially available in the planning and service
				area. The adequate supply test is met when the area agency on aging provides
				documentation that it has not received any proposals to deliver the service(s)
				after the area agency on aging has:
(1)
				advertised the availability of funds;
(2) Written to bona fide service providers,
				inviting them to submit proposals; and
(3) Documented that attempts have been made
				to develop and encourage the establishment of service providers.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 9 - DIRECT SERVICES › Section 9.2.9.11 - WAIVER REQUEST PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
An area agency on aging shall submit a written request for a
				  waiver as part of its area plan or area plan amendment or as a separate
				  request. An area agency on aging may request a multi-year or a single year
				  waiver. The initial request shall include:
A. Identification of the specific test under
				which the waiver is being requested;
B. Specific documentation required for the
				test;
C. Documentation of review
				and support by the area agency on aging advisory council and governing
				body;
D. A general description of
				the proposed administrative structure for administering the service;
				and
E. A description of the impact
				on the area agency on aging's role and staffing and its ability to accomplish
				the area agency on aging roles and responsibilities.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 9 - DIRECT SERVICES › Section 9.2.9.12 - DEPARTMENT REVIEW AND DISPOSITION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon receipt of a request, the department
				shall review the request and obtain clarification or documentation from the
				area agency on aging if necessary.
B. The department secretary shall notify the
				applicant of the approval or disapproval of the waiver.
C. In cases where a request is submitted
				separate from an area plan or area plan amendment and approval is granted, the
				department shall notify the area agency on aging of documentation necessary to
				include the waiver in the current area plan.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 9 - DIRECT SERVICES › Section 9.2.9.13 - EMERGENCY SITUATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
If an area agency on aging service provider abruptly ceases
				  services, the department may grant a temporary direct service waiver up to one
				  hundred eighty (180) days to the area agency on aging, pending the
				  implementation of a process to identify a new service provider. In such
				  situations the area agency on aging shall immediately provide the following
				  information to the department:
A. A
				description of the situation that has resulted in the direct service waiver
				request;
B. A plan for seeking a
				new service provider;
C.
				Documentation of review and support by the area agency on aging advisory
				council and governing body;
D. A
				general description of the proposed administrative structure contemplated by
				the area agency on aging for administering the service; and
E. A description of the impact on the area
				agency on aging's role and staffing.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 10 - MULTIPURPOSE SENIOR CENTERS ACQUIRED, CONSTUCTED, ALTERED OR RENOVATED WITH OLDER AMERICANS ACT TITLE III FUNDS › Section 9.2.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Agency on Aging
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 10 - MULTIPURPOSE SENIOR CENTERS ACQUIRED, CONSTUCTED, ALTERED OR RENOVATED WITH OLDER AMERICANS ACT TITLE III FUNDS › Section 9.2.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 10 - MULTIPURPOSE SENIOR CENTERS ACQUIRED, CONSTUCTED, ALTERED OR RENOVATED WITH OLDER AMERICANS ACT TITLE III FUNDS › Section 9.2.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 10 - MULTIPURPOSE SENIOR CENTERS ACQUIRED, CONSTUCTED, ALTERED OR RENOVATED WITH OLDER AMERICANS ACT TITLE III FUNDS › Section 9.2.10.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
[Permanent]
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 10 - MULTIPURPOSE SENIOR CENTERS ACQUIRED, CONSTUCTED, ALTERED OR RENOVATED WITH OLDER AMERICANS ACT TITLE III FUNDS › Section 9.2.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
[Filed April 13, 1995]
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 10 - MULTIPURPOSE SENIOR CENTERS ACQUIRED, CONSTUCTED, ALTERED OR RENOVATED WITH OLDER AMERICANS ACT TITLE III FUNDS › Section 9.2.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 10 - MULTIPURPOSE SENIOR CENTERS ACQUIRED, CONSTUCTED, ALTERED OR RENOVATED WITH OLDER AMERICANS ACT TITLE III FUNDS › Section 9.2.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Altering" or
				"renovating" means making modifications to or in connection with an existing
				facility which are necessary for its effective use as a center, including
				renovation, repair or expansion which is not in excess of double the square
				footage of the original facility and all physical improvements, but not
				including normal maintenance and repair.
B. "Constructing" means building a new
				facility, including the costs of land acquisition and architectural and
				engineering fees, or making modifications to or in connection with an existing
				facility which are in excess of double the square footage of the original
				facility and all physical improvements.
C. "Multipurpose senior center" means a
				community facility for the organization and provision of a broad spectrum of
				services, which shall include, but not be limited to, the provision of health
				(including mental health), social, nutritional and educational services, and
				the provision of facilities for recreational activities for older
				persons.
D. "Title III funds" are
				funds authorized by the Title III B of the Older Americans Act for the
				alteration, renovation, construction or acquisition of multipurpose senior
				citizen centers.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 10 - MULTIPURPOSE SENIOR CENTERS ACQUIRED, CONSTUCTED, ALTERED OR RENOVATED WITH OLDER AMERICANS ACT TITLE III FUNDS › Section 9.2.10.8 - LEGAL REFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
OAA Sections 10235, 302(4), 307(a) (14), 312 and 321(b) and
				  45 CFR
				  1321.75.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 10 - MULTIPURPOSE SENIOR CENTERS ACQUIRED, CONSTUCTED, ALTERED OR RENOVATED WITH OLDER AMERICANS ACT TITLE III FUNDS › Section 9.2.10.9 - ALLOWABLE ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Under an approved area plan, an area agency on aging may authorize the
				alteration, renovation or acquisition (in fee simple or by lease for 10 years
				or more) of a building to serve as a multipurpose senior citizen center using
				Title III funds.
B. Under an
				approved area plan, an area agency on aging may authorize the construction of a
				multipurpose senior center in any area in which there is no suitable
				structure(s) available, as determined by the state agency, after full
				consideration of the recommendation made by the applicable area
				agency.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 10 - MULTIPURPOSE SENIOR CENTERS ACQUIRED, CONSTUCTED, ALTERED OR RENOVATED WITH OLDER AMERICANS ACT TITLE III FUNDS › Section 9.2.10.10 - AREA AGENCY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Area agencies must request such use of Title III funds within an area plan or
				area plan amendment. Such use will be approved by the state agency on aging if
				the area plan:
(1) contains or is supported by
				reasonable assurances that:
(a) for not less
				than 10 years after acquisition, or not less than 20 years after the completion
				of construction (including alteration and renovation), the facility will be
				used for the purpose for which it is to be acquired or constructed, unless for
				unusual circumstances the U.S. commissioner on aging waives the
				requirement;
(b) sufficient funds
				will be available to meet the 15% non-federal share of the cost of acquisition
				or construction of the facility;
(c) sufficient funds will be available when
				acquisition or construction is completed for effective use of the facility for
				the purpose for which it is being acquired or constructed; and
(d) the facility will not be used and is not
				intended to be used for sectarian instruction or as a place for religious
				worship;
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 10 - MULTIPURPOSE SENIOR CENTERS ACQUIRED, CONSTUCTED, ALTERED OR RENOVATED WITH OLDER AMERICANS ACT TITLE III FUNDS › Section 9.2.10.11 - FEDERAL REVERSIONARY INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A. If within 10 years after acquisition, or
				within 20 years after completion of construction, of any facility for which
				Title III funds have been paid, the owner of the facility ceases to be a public
				or nonprofit private agency or organization, or the facility ceases to be used
				for the purposes for which it was acquired, the United States shall be entitled
				to recover from the recipient or other owner of the facility an amount which
				bears to the then value of the facility (or so much thereof as constituted an
				approved project or projects) the same ratio as the amount of such federal
				funds bore to the cost of the facility financed with the aid of such funds.
				Such value shall be determined by agreement of the parties or by action brought
				in the United States district court for the district in which such facility is
				situated.
B. Following a meeting
				with the recipient, the area agency and the state agency, the state agency
				shall notify the recipient of the amount due for reversion and the negotiated
				deadline for reversion.
C. The area
				agency may, on behalf of the recipient, request a waiver of the federal
				reversionary interest by providing in writing:
(1) an historical background of the senior
				center;
(2) a statement of the
				original grant amounts and total project cost;
(3) the fair market value of the facility;
				and
(4) a description of the nature
				of the circumstances leading to the request for a waiver.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 11 - APPEAL/HEARING PROCEDURES › Section 9.2.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to members of the public and organizations
				  that participate in the delivery of services to New Mexico's aging and
				  disability population.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 11 - APPEAL/HEARING PROCEDURES › Section 9.2.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 11 - APPEAL/HEARING PROCEDURES › Section 9.2.11.7 - 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 context clearly indicates
				  otherwise.
A. "Hearing" is an
				administrative review of documentation and evidence and/or an opportunity for
				oral testimony at the discretion of a hearing officer.
B. "Hearing officer" means an impartial
				person selected by the department secretary to conduct a hearing and render a
				proposed final decision.
C. "Party"
				means any petitioner and all interested persons affected by the outcome of a
				decision under this rule.
D.
				"Petitioner" means any person or organization who has a right to a hearing
				under these rules and has fled a written request for a hearing.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 11 - APPEAL/HEARING PROCEDURES › Section 9.2.11.9 - PERSONS OR ORGANIZATIONS ENTITLED TO APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
The following persons or organizations ("petitioners") have a
				  right to a hearing:
A. Any applicant
				for designation as a PSA, whose application is denied by the department,
				according to 9.2.4.15 NMAC;
B. Any
				affected party when the department initiates an action or a proceeding to
				designate an additional PSA, divide the state into different PSAs, or otherwise
				affect the boundaries of PSAs, according to 9.2.4.12(C) NMAC;
C. An area agency on aging when the
				department proposes to:
(1) Disapprove an
				area plan or plan amendment, according to Section F of 9.2.6.10 NMAC;
				or
(2) Withdraw an area agency on
				aging designation, according to 9.2.7.13 NMAC.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 11 - APPEAL/HEARING PROCEDURES › Section 9.2.11.10 - HEARING PROCEDURES FOR PETITIONERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Request for a hearing:
(1)A request for a hearing must be submitted
				in writing to the secretary of the department, within ten (10) working days of
				the receipt of the notice of action, and must state with specificity the
				grounds upon which the proposed action is appealed or contested, and the
				grounds upon which the petitioner refutes the basis of the proposed action. The
				request must include;
(a)A copy of the
				department's action letter;
(b) The
				dates of all relevant actions;
(c)
				The names of individuals or organizations involved in the proposed action being
				appealed;
(d) A specific statement
				of any section of the Older Americans Act or state or federal rules or
				regulations believed to have been violated by the department; and
(e) For organizations, a copy of the minutes
				or resolution in which the petitioner's governing body requests a hearing, and
				which authorizes a person(s) to act on behalf of the organization; the minutes
				or resolution shall indicate adoption by a majority of the quorum of the
				governing body of the organization.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 11 - APPEAL/HEARING PROCEDURES › Section 9.2.11.11 - HEARING PROCEDURES FOR PETITIONER(S) REQUESTING HEARINGS UNDER SUBSECTIONS 3.5, 3.6 AND 3.7 [now SUBSECTIONS E, F AND G OF 9.2.11.9 NMAC]

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Request for a hearing: A request for a hearing specifying the nature of the
				appeal must be made to the state agency on aging in writing within ten (10)
				working days after the petitioner receives the final action letter from the
				service provider, area agency or state agency. The request must specify all
				grounds upon which the petitioner refutes the basis of the proposed action.
				This request must include:
(1) a copy of the
				service provider's, area agency's or state agency's action letter;
(2) the dates of all relevant
				actions;
(3) the names of
				individuals and organizations involved in the action being appealed;
				and
(4) a specific statement of any
				section of the act or federal or state rules or regulations believed to have
				been violated by the area agency or the state agency in taking the action being
				appealed.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 12 - CORPORATE ELDERCARE › Section 9.2.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Corporate
				eldercare" is a service provided by an employer on behalf of its employees who
				have caregiver responsibilities for elderly relatives. The service most often
				includes a form of enhanced information and assistance, but may extend to other
				types of services and/or programs, as determined by the employer.
B. "Case management" means a service provided
				to an older individual, at the direction of the older individual or family
				member of the individual, by an individual who is trained or experienced in the
				case management skills that are required to deliver the services and to assess
				the needs, and to arrange, coordinate, and monitor an optimum package of
				services to meet the needs of the older individual. This service includes
				services and coordination such as:
(1)
				comprehensive assessment of the older individual (including physical,
				psychological and social needs);
(2) development and implementation of a
				service plan with the older individual to mobilize the formal and informal
				resources and services identified in the assessment to meet the needs of the
				older individual, including coordination of the resources and services with any
				other plans that exist for various services, such as hospital discharge plans,
				and with the information and assistance services provided under the Older
				Americans Act;
(3) coordination and
				monitoring of formal and informal service delivery, including coordination and
				monitoring to ensure that services specified in the plan are being
				provided;
(4) periodic reassessment
				and revision of the status of the older individual with the older individual
				or, if necessary, a primary caregiver or family member of the older individual;
				and
(5) in accordance with the
				wishes of the older individual, advocacy on behalf of the older individual for
				needed services or resources.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 12 - CORPORATE ELDERCARE › Section 9.2.12.8 - LEGAL REFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
OAA Sections 306(a) (13) through 306(a) (16); and
				  Administration on Aging Program Instruction 90-06
				  (AoA-PI-90-061).
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 12 - CORPORATE ELDERCARE › Section 9.2.12.9 - AREA AGENCY ON AGING RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
An area agency on aging (area agency) may elect to provide
				  corporate eldercare and private case management services directly, or to join
				  with other area agencies in such contracts. These types of arrangements are
				  permissible, provided the provisions of this policy are
				  followed.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 12 - CORPORATE ELDERCARE › Section 9.2.12.12 - STATE AGENCY ON AGING RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The state agency shall periodically assess area agency on
				  aging compliance through:
A. review
				and approval of the area agency area plan (annually and more frequently for
				modifications as submitted) including:
(1) the
				description of the area agency relationship with private
				corporations;
(2) the signed
				statement of assurance of compliance with this rule;
(3) all related narratives of eldercare
				service delivery in the area plan; and
(4) all related data on program and service
				costs forms in the area plan;
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 13 - EMPLOYMENT PROGRAMS FOR OLDER WORKERS › Section 9.2.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to members of the public and organizations
				  that apply to participate in one or more of the programs created in this
				  part.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 13 - EMPLOYMENT PROGRAMS FOR OLDER WORKERS › Section 9.2.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  9-23-1 et seq. and
				  28-4-1 et seq.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 13 - EMPLOYMENT PROGRAMS FOR OLDER WORKERS › Section 9.2.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
02/12/2010, unless a later date is cited in the history note
				  at the end of a section.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 13 - EMPLOYMENT PROGRAMS FOR OLDER WORKERS › Section 9.2.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the federal and state funded programs administered by the
				  employment programs bureau of the aging network division of the aging and
				  long-term services department and to comply with Older Americans Act Sections
				  501 through 518, (codified as amended at
				  42 U.S.C. Section
				  3056 ); and implementing regulations, 20 CFR
				  Part 641 (as amended).
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 13 - EMPLOYMENT PROGRAMS FOR OLDER WORKERS › Section 9.2.13.8 - SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCSEP)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Position allocation.
(1) The department will follow an equitable
				distribution plan pursuant to Section 507 of the Older Americans Act and
				20 CFR Sections
				641.140,
				641.360,
				641.365 and
				641.879 (as amended) and endeavor
				to allocate positions to each county in New Mexico based on the projected
				percentage of individuals meeting the eligibility requirements of this
				section.
(2) When allocating
				positions, the equitable distribution of all senior community service
				employment program resources available through federal contractors operating in
				New Mexico will be considered.
(3)
				When a participant exits subsidized on-the-job training and a vacancy occurs,
				the vacant position is removed from the host agency and will be placed in a
				statewide pool and reassigned as follows:
(a)
				any inequities in the equitable distribution plan will be noted and the most
				under-served counties will have priority to receive the position;
(b) applicants will be sought or taken from a
				waiting list, if one exists;
(c)
				federally-mandated priorities and preferences will be implemented in accordance
				with Section 518 of the OLDER AMERICANS ACT and
				20 CFR Sections
				641.515 through
				641.530 (as amended);
(d) chosen applicants will be assessed for
				their employment goals;
(e) host
				agencies that provide training which matches applicant goals will be
				chosen;
(f) in the event of more
				than one host agency that matches applicant goals, priority will be given to
				the host agency that demonstrates ability to provide training resulting in the
				unsubsidized employment of participants.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 13 - EMPLOYMENT PROGRAMS FOR OLDER WORKERS › Section 9.2.13.9 - NEW MEXICO SENIOR EMPLOYMENT PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department will work in collaboration
				with area agencies on aging and other aging network providers to allocate
				positions within each planning and service area.
B. Eligibility requirements are:
(1) an applicant shall be 55 years of age or
				older in order to be determined eligible, no applicant may be determined
				ineligible because of advanced age, and no upper age limitation may be used;
				and
(2) an applicant's income shall
				meet the income eligibility requirements specified in the Older Americans Act
				Section 518 Paragraphs (3) and (4) as implemented at 20 CFR Part 641 (as
				amended) in order to be determined eligible; and
(3) an applicant shall be a resident of New
				Mexico in order to be determined eligible;
(4) after completing an application, an
				applicant may need to disclose additional information or submit to additional
				screening in order to qualify for a specific placement at the discretion of the
				department and the host agency, including, but not limited to: background
				checks or proof of applicable licensure; (for example, work with young children
				or vulnerable adults may require a criminal background check, large vehicle
				operation may require a special driver's license, operation of heavy equipment
				or lifting heavy loads may require additional medical disclosure) failure to
				fully disclose information relevant to meeting the qualifications for a
				position may result in termination, change, or lack of placement.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 13 - EMPLOYMENT PROGRAMS FOR OLDER WORKERS › Section 9.2.13.10 - GOLD MENTOR PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				GOLD mentor positions are created as funding is available. Allocation of
				positions under this program is developed in consultation with funding
				entities. Considerations for allocation of positions may include the number of
				clients available for mentors to serve in a particular region and the
				availability of suitable office space.
B. Eligibility requirements are:
(1) GOLD mentors shall be 50 years of age or
				older in order to be deemed eligible;
(2) mentors shall be residents of New Mexico
				to be deemed eligible;
(3) there
				are no income eligibility criteria;
(4) after completing an application, an
				applicant may need to disclose additional information or submit to additional
				screening in order to qualify for a specific placement at the discretion of the
				department and the host agency, including, but not limited to: background
				checks or proof of applicable licensure; (for example, work with young children
				or vulnerable adults may require a criminal background check, large vehicle
				operation may require a special driver's license, operation of heavy equipment
				or lifting heavy loads may require additional medical disclosure) failure to
				fully disclose information relevant to meeting the qualifications for a
				position may result in termination, change, or lack of placement.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 13 - EMPLOYMENT PROGRAMS FOR OLDER WORKERS › Section 9.2.13.11 - GRIEVANCE PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant who has been determined ineligible for enrollment or placement in the
				programs created under this part may:
(1)
				request a reconsideration regarding ineligibility from the employment programs
				bureau chief, either in person, by telephone, or in writing, within five
				calendar days of receipt of the notice of ineligibility
				determination;
(2) the bureau chief
				shall have ten calendar days from receipt of the request for reconsideration to
				review the documentation and make a second determination of
				eligibility;
(3) if the applicant
				still believes that the determination is incorrect, the applicant's next step
				is to contact the aging network division director in writing within ten
				calendar days of receipt of the bureau chief's ineligibility determination,
				challenging the reasons given for ineligibility, and providing accompanying
				documentation;
(4) after reviewing
				the challenge and accompanying documentation, the division director shall make
				a determination affirming or reversing the determination of eligibility by the
				bureau chief within ten calendar days of receiving the challenge; the division
				director's determination shall be final.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 13 - EMPLOYMENT PROGRAMS FOR OLDER WORKERS › Section 9.2.13.12 - RIGHT OF APPEAL OF PARTICIPANTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Participants in programs created under
				this part have a right of appeal in the following circumstances:
(1) when participation has been involuntarily
				terminated by written notification from the department; or
(2) when deemed ineligible for continued
				enrollment by written notification from the department; or
(3) when, after following the grievance
				procedure outlined in Subsection B of 9.2.13.11 NMAC, the problem or grievance
				remains unresolved.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 14 - STATE-FUNDED FOSTER GRANDPARENT PROGRAM › Section 9.2.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to members of the public and organizations
				  that participate in the delivery of services to New Mexico's aging and
				  disability population.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 14 - STATE-FUNDED FOSTER GRANDPARENT PROGRAM › Section 9.2.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 14 - STATE-FUNDED FOSTER GRANDPARENT PROGRAM › Section 9.2.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 14 - STATE-FUNDED FOSTER GRANDPARENT PROGRAM › Section 9.2.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the state-funded foster grandparent programs administered by the
				  aging and long-term services department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 14 - STATE-FUNDED FOSTER GRANDPARENT PROGRAM › Section 9.2.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The Foster Grandparent Program provides contracts to
				  qualified organizations for the dual purposes of engaging persons 55 and older,
				  particularly those with limited incomes, in volunteer service to meet critical
				  community needs and of providing high-quality experiences that will enrich the
				  lives of the volunteers. Foster grandparents provide supportive,
				  person-to-person services to children who have exceptional needs, or who are in
				  circumstances that limit their academic, social, or emotional development.
				  State-funded foster grandparents may receive stipends to support their
				  volunteer work.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 14 - STATE-FUNDED FOSTER GRANDPARENT PROGRAM › Section 9.2.14.8 - LEGAL REFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
Domestic Volunteer Service Act of 1973,
				  42 U.S.C. Sections
				  4950 to
				  5085;
				  42 U.S.C. Section
				  12651; Foster Grandparent Program, 45 C.F.R
				  Section 2552.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 14 - STATE-FUNDED FOSTER GRANDPARENT PROGRAM › Section 9.2.14.9 - CORPORATION FOR NATIONAL AND COMMUNITY SERVICE HANDBOOK

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department adopts the most current
				corporation for national and community service (CNCS) foster grandparent
				program handbook as the operating rules and procedures with which state-funded
				foster grandparent programs must comply.
B. Eligibility for state-funded foster
				grandparent programs is the same as for the CNCS program. However, the
				department secretary may waive any provisions of the CNCS handbook except those
				which will jeopardize a program's continued federal sponsorship.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 14 - STATE-FUNDED FOSTER GRANDPARENT PROGRAM › Section 9.2.14.10 - DEPARTMENT RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall:
A. Allocate funds appropriated by the state
				legislature:
(1) To current contractors to
				maintain or enhance levels of operation; and
(2) Expand services based on determined
				need;
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 14 - STATE-FUNDED FOSTER GRANDPARENT PROGRAM › Section 9.2.14.11 - CONTRACTOR RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Contractors shall:
A.
				Comply with federal and state regulations and policies, except to the extent
				that the department has granted a waiver of any federal policies;
B. Submit an annual budget proposal and work
				plan in the format established by the department;
C. Submit monthly financial expenditure
				reports and requests for reimbursement to the department, as
				requested;
D. Submit reports to the
				department in the form and manner required and specified by the department in
				the contract scope of work;
E.
				Submit an annual financial audit as requested by the department;
F. Coordinate with other aging network
				providers, particularly in the areas of transportation, outreach, and
				supportive services;
G. Attend
				required meetings and training sessions; and
H.Budget sufficient state funds to allow at
				least one (1) representative to attend the annual New Mexico conference on
				aging and one (1) state aging network training session.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 15 - STATE-FUNDED SENIOR COMPANION PROGRAM › Section 9.2.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 15 - STATE-FUNDED SENIOR COMPANION PROGRAM › Section 9.2.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 15 - STATE-FUNDED SENIOR COMPANION PROGRAM › Section 9.2.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the state-funded senior companion programs administered by the
				  aging and long term services department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 15 - STATE-FUNDED SENIOR COMPANION PROGRAM › Section 9.2.15.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The senior companion program (SCP) provides contracts to
				  qualified organizations for the dual purposes of engaging persons fifty-five
				  (55) and older, particularly those with limited incomes, in volunteer service
				  to meet critical community needs and of providing high quality experiences that
				  will enrich the lives of the volunteers. Senior companions provide supportive,
				  individualized services to help older adults with special needs maintain their
				  dignity and independence. State-funded senior companions may receive stipends
				  to support their volunteer work.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 15 - STATE-FUNDED SENIOR COMPANION PROGRAM › Section 9.2.15.8 - LEGAL REFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
Domestic Volunteer Service Act of 1973,
				  42 U.S.C. Sections
				  4950 to
				  5085;
				  42 U.S.C. Section
				  12651; Senior Companion Program, 45 C.F.R.
				  Section 2551.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 15 - STATE-FUNDED SENIOR COMPANION PROGRAM › Section 9.2.15.9 - CORPORATION FOR NATIONAL AND COMMUNITY SERVICE HANDBOOK

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department adopts the most current
				corporation for national and community service (CNCS) Senior Companion Program
				handbook as the operating rules and procedures with which state-funded senior
				companion programs must comply.
B.
				Eligibility for state-funded senior companion programs is the same as for the
				CNCS program. However, the department secretary may waive any provisions of the
				CNCS handbook except those which will jeopardize a program's continued federal
				sponsorship.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 15 - STATE-FUNDED SENIOR COMPANION PROGRAM › Section 9.2.15.10 - DEPARTMENT RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall:
A. Allocate funds appropriated by the state
				legislature:
(1) To current contractors to
				maintain or enhance levels of operation; and
(2) To expand services based on determined
				need.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 15 - STATE-FUNDED SENIOR COMPANION PROGRAM › Section 9.2.15.11 - CONTRACT OR RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Contractors shall:
A.
				Comply with federal and state regulations and policies, except to the extent
				that the department has granted a waiver of any federal policies.
B. Submit an annual budget proposal and work
				plan in the format established by the department.
C. Submit monthly financial expenditure
				reports and requests for reimbursement to the department, as
				requested.
D. Submit reports to the
				department in the form and manner required and specified by the department in
				the contract scope of work.
E.
				Submit an annual financial audit as requested by the department.
F. Coordinate with other aging network
				providers, particularly in the areas of transportation, outreach, and
				supportive services.
G. Attend
				required meetings and training sessions; and.
H.Budget sufficient state funds to allow at
				least one (1) representative to attend the annual New Mexico conference on
				aging and one (1) state aging network training session.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 16 - STATE-FUNDED RETIRED SENIOR VOLUNTEER PROGRAM › Section 9.2.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 16 - STATE-FUNDED RETIRED SENIOR VOLUNTEER PROGRAM › Section 9.2.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 16 - STATE-FUNDED RETIRED SENIOR VOLUNTEER PROGRAM › Section 9.2.16.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 16 - STATE-FUNDED RETIRED SENIOR VOLUNTEER PROGRAM › Section 9.2.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the state-funded retired senior volunteer programs administered
				  by the aging and long term services department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 16 - STATE-FUNDED RETIRED SENIOR VOLUNTEER PROGRAM › Section 9.2.16.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The retired senior volunteer program (RSVP) provides
				  contracts to qualified organizations and local and tribal governments for the
				  dual purposes of engaging older individuals in volunteer service to meet
				  critical community needs and of providing high quality experiences that will
				  enrich the lives of the volunteers. RSVP matches older individuals with
				  community projects and organizations needing volunteer talent, abilities and
				  skills.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 16 - STATE-FUNDED RETIRED SENIOR VOLUNTEER PROGRAM › Section 9.2.16.8 - LEGAL REFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
Domestic Volunteer Service Act of 1973,
				  42 U.S.C. Sections
				  4950 to
				  5085;
				  42 U.S.C. Section
				  12651; Retired Senior Volunteer Program, 45
				  C.F.R. Section 2553.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 16 - STATE-FUNDED RETIRED SENIOR VOLUNTEER PROGRAM › Section 9.2.16.9 - CORPORATION FOR NATIONAL AND COMMUNITY SERVICE HANDBOOK

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department adopts the most current
				corporation for national and community service (CNCS) retired senior volunteer
				program handbook as the operating rules and procedures with which state-funded
				retired senior volunteer programs must comply.
B. Eligibility for state-funded retired
				senior volunteer programs is the same as for the CNCS program. However, the
				department secretary may waive any provisions of the CNCS handbook except those
				which will jeopardize a program's continued federal sponsorship.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 16 - STATE-FUNDED RETIRED SENIOR VOLUNTEER PROGRAM › Section 9.2.16.10 - DEPARTMENT RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall:
A. Allocate funds appropriated by the state
				legislature:
(1) To current contractors to
				maintain or enhance levels of operation; and
(2) To expand services based on determined
				need.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 16 - STATE-FUNDED RETIRED SENIOR VOLUNTEER PROGRAM › Section 9.2.16.11 - CONTRACTOR RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Contractors shall:
A.
				Comply with federal and state regulations and policies, except to the extent
				that the department has granted a waiver of any federal policies;
B. Submit an annual budget proposal and work
				plan in the format established by the department;
C. Submit monthly financial expenditure
				reports and requests for reimbursement to the department as
				requested;
D. Submit reports to the
				department in the form and manner required and specified by the department in
				the contract scope of work;
E.
				Submit an annual financial audit as requested by the department;
F. Coordinate with other aging network
				providers, particularly in the areas of transportation, outreach and supportive
				services;
G. Attend required
				meetings and training sessions; and
H.Budget sufficient state funds to allow at
				least one representative to attend the annual New Mexico conference on aging
				and one (1) state aging network training session.