New Mexico Register / Volume XXIX, Issue 6 / March 27, 2018

NOTICE OF PUBLIC HEARING

The New Mexico Human Services Department (HSD) will hold a public hearing to allow public comment on the proposed amendment of the Supplemental Nutrition Assistance Program (SNAP) regulations. The Department is proposing amendments to the following SNAP New Mexico Administrative Code (NMAC) sections: 8.139.400 and 8.139.410.

The Department is proposing to update language in NMAC 8.139.400.11A to align with the Code of Federal Regulations (CFR) for student eligibility and can be found at https://www.ecfr.gov/cgi-bin/text-idx?SID=6767bb8e7db08a8896fadaf389dc2afe&mc=true&node=se7.4.273_15&rgn=div8.

This alignment includes defining enrollment for the purposes to determine student status and clarifies the exemptions allowed for student eligibility.

The Department is also proposing to update NMAC 8.139.410 regarding the Department’s responsibility to report the Immigration Status of illegal aliens to be in compliance with CFR and can be found at https://www.ecfr.gov/cgi-bin/text-idx?SID=fd0f6f24c71a90c733e4e1b6bfafe0e9&mc=true&node=se7.4.273_14&rgn=div8.

The Department is proposing these rules pursuant to the statutory authority of the food stamp program as authorized by the Food Stamp Act of 1977 as amended (7 U.S.C. 2011 et. seq.). Regulations issued pursuant to the act are contained in 7 CFR Parts 270-282. State authority for administering the food stamp program is contained in Chapter 27 NMSA, 1978. Administration of the Human Services Department (HSD), including its authority to promulgate regulations, is governed by Chapter 9, Article 8, NMSA 1978 (Repl. 1983).

The Department is holding a public hearing to adopt the rules pursuant to Section 14-4-5.3 NMSA 1978. The hearing will be held on Monday, April 30, 2018, from 9:30 a.m. to 10:30 a.m., at the HSD Income Support Division (ISD) conference room, 2009 S. Pacheco Street, Santa Fe, NM. The conference room is located in Room 120 on the lower level of Pollon Plaza.

The Human Services Register Vol. 41 No. 2 outlining the proposed regulations is available on the HSD’s website at: http://www.hsd.state.nm.us/LookingForInformation/income-support-division-registers.aspx. Individuals wishing to testify or to request a copy of the proposed regulations should contact the Income Support Division, P.O. Box 2348, Pollon Plaza, Santa Fe, NM 87504-2348, or by calling 505-827-7250.

If you are a person with a disability and you require this information in an alternative format, or you require a special accommodation to participate in any HSD public hearing, program, or service, please contact the Assistant General Counsel/American Disabilities Act Coordinator, at 505-827-6201 or through the New Mexico Relay system, at 711 or toll free at 1-800-659-1779. The Department requests at least a 10-day advance notice to provide requested alternative formats and special accommodations.

Individuals who do not wish to attend the hearing may submit written comments which must be received by 5:00 p.m. on the date of the hearing, Monday, April 30, 2018. Please send comments to:

Human Services Department

P.O. Box 2348, Pollon Plaza

Santa Fe, New Mexico 87504-2348

You may also send comments electronically to: HSD-isdrules@state.nm.us