N.M. Admin. Code § 9.2.4.12

Current through Register Vol. 35, No. 21, November 5, 2024

Section 9.2.4.12 - PROCEDURE FOR PSA DESIGNATION

A. Non-department initiated:

(1) Any unit of general purpose local government, region within a state recognized for area wide planning, metropolitan area, or Indian tribe may make application to the department to be designated as a planning and service area.

(2) The aging network division director, as the department secretary's designee, shall approve or disapprove any such application submitted under paragraph (1) of this section.

(3) Any applicant under paragraph (1) of this section whose application for designation as a planning and service area is denied by the department may appeal the denial in writing to the department secretary within thirty (30) days of such denial.

(4) If the department denies an applicant for designation as a planning and service area under paragraph (1) of this section, the department shall provide a hearing on the denial of the application, in accordance with 9.2.11 NMAC if requested by the applicant, as well as issue a written decision on the denial within sixty (60) days following the hearing.

B. Department initiated: The department may designate additional planning and service areas or redefine existing planning and service areas based upon changes in the criteria for PSA designation in accordance with 9.2.4.11 NMAC.

C. The department shall solicit public input with regard to any proposed changes or additions to PSA designation.

(1) At least one (1) public hearing shall be held in each county and Indian tribe proposed to be affected.

(2) Thirty (30) day notice of such hearing(s) shall be provided to all area agencies on aging, aging network providers, tribes, and units of general purpose government where each entity will be provided the opportunity to provide oral or written comment.

(3) Entities will also be provided with the opportunity to submit written comments to the aging network division director, if they are unable to attend a public hearing.

N.M. Admin. Code § 9.2.4.12

Recompiled 10/01/01

Adopted by New Mexico Register, Volume XXVI, Issue 12, June 30, 2015, eff. 6/30/2015