New Mexico Register / Volume XXX, Issue
23 / December 17, 2019
NOTICE OF PUBLIC HEARING
The New Mexico Human Services
Department (HSD) will hold a public hearing to allow public comment to adopt
the General Provision, SNAP and Cash rules. The Human Services Department (HSD) is
proposing to amend the rule to comply with the CFR, provide clarifying language
and to consolidate rules into General Provisions that apply to both SNAP and
Cash programs to remove redundancy. The
rule will be amended under the following statutory authority: Under 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 CPR 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 hearing will be held on Friday January 17,
2020 from 9:00 a.m. to 10:00 a.m. at the HSD Administrative Services Division (ASD) conference room, 1474 Rodeo
Road, Santa Fe, NM 87505.
The Department is
promulgating proposed regulations to update the following General Provision
rules: Amend
8.100.100 NMAC and 8.100.640 NMAC to add rule regarding the Benefit Issuance
System and EBT Adjustments.
The
Benefit Issuance language is being removed from SNAP regulations to be
consolidated into General Provisions as this rule applies to both SNAP and Cash
programs. The Department is promulgating proposed regulations to update the
following SNAP rules: Amend
Subparagraph (a) of Paragraph (4) of Subsection B of 8.139.110.12 NMAC,
“Cooperation with quality control (QC): Period of ineligibility.” This will align current NMAC regulations with
7 CFR 273.2(d)(2)(i), stating the Quality Control
(QC) sanction period is 125 days for the State Sanction and 9 months for the
Federal Sanction. Amending this rule
ensures that the Department is federally compliant. Remove
8.139.610.8 NMAC Benefit Issuance System and place this rule in General Provisions as this rule applies to both
SNAP and Cash programs. The Department is promulgating proposed regulations to
update the following Cash Assistance rules: Annual adjustments to the
income limits found in 8.102.500 NMAC and 8.106.500 NMAC: Each year the Department is
required to make changes to the income and resource eligibility standards and
the deduction amounts available to otherwise eligible households. These amounts are determined by the United States
Department of Agriculture (USDA) and Food and Nutrition Services (FNS). The Department received notification of the
adjusted amounts on July 24, 2019 and made the adjustments effective for
benefit month October 2019 for Federal Fiscal Year (FFY) 2020 to comply with
federal law and regulations. The
emergency rule that was effective October 1, 2019 does not permanently amend or
repeal the existing rule and will only remain in effect until this permanent
rule takes effect under the normal rule making process. Adding language to 8.106.610.8 NMAC and
8.102.610.8 NMAC to clarify that any Cash benefit less than ten dollars will
not be issued, as this amount is counted towards the lifetime limit of an
individual and to be in compliance with 45 CFR 233.20. Define who is considered
school age, based on the Public Education Department (PED) definition in
8.106.500.8 NMAC. This definition
will be used to for the purposes of determining eligibility for the clothing
allowance. Remove 8.102.610.9 NMAC Stale Benefit Accounts as this will remain
in General Provisions. Remove 8.106.610.10 NMAC Stale Benefit
Accounts as this will remain in General Provisions.
The Human Services Register
Vol. 42 No. 25 outlining the proposed regulations are
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 regulation should
contact the Income Support Division, P.O.
Box 2348, Santa Fe, New Mexico 87504-2348, or by calling 505-827-7250 or 505-827-7254.
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 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 or recorded comments.
Written or recorded comments must be received by 5:00 p.m. on the date
of the hearing, January 17, 2020. The agency shall post all written comments on its website, if one
exists, as soon as practicable and no more than 3 business days following
receipt to allow for public review. All
written comments received by the agency shall also be available for public
inspection at the main office of the agency.
Please send comments to:
Human Services Department
P.O.
Box 2348,
Santa
Fe, New Mexico 87504-2348
You may send comments
electronically to: HSD-isdrules@state.nm.us