New Mexico Register / Volume XXXII, Issue 13 /July 7, 2021

NOTICE OF PUBLIC HEARING

The Department is promulgating proposed regulations for the Supplemental Nutrition Assistance Program (SNAP) under the General Provisions for Public Assistance Programs administered by the Human Services Department (HSD), including its authority to promulgate regulation, and is governed by Chapter 9, Article 8, NMSA (Repl. 1983). Proposed amendments to section 17 of 8.100.100 NMAC and section 18 of 8.100.640 NMAC are being proposed to gain compliance with the Code of Federal Regulations (CFR) proposed in the 2018 Agricultural Act, effective September 1, 2021. In accordance with Section 4006 of the 2018 Farm Bill, this final rule amends the expungement timeframe from 12 months to nine months. The Department considers nine months to be equal to 274 days.

The NMHSD is amending the rule to be in compliance with the final amended expungement provisions found at 7 CFR 274.2(i). The rule will be amended under the statutory authority of the food stamp program as authorized by the Food Stamp Act of 1977 as amended (7 U.S.C. 2011-2036). Regulations issued pursuant to the act are contained in 7 CFR Parts 270-282 and 45 CFR Parts 200-299. 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).

A public hearing to receive testimony on this proposed rule, pursuant to Section 14-4-5.6 NMSA 1978, will be held on Friday, August 6, 2021 from 9:00am-10:00am. The hearing will be held virtually through GoTo Meeting at this link: https://global.gotomeeting.com/join/949602949. Anyone wishing to join via phone may call +1 (571) 317-3112, Access Code: 949-602-949. Written comment may be dropped off during the scheduled hearing time at the HSD Administrative Services Division (ASD) conference room, 1474 Rodeo Road, Santa Fe, NM 87505; this drop off site will be for written comment only. The conference room is located on the first floor in the ASD Rodeo Building.

The Human Services Register Vol. 44 No. 14 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 505-396-0314.

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, Friday, August 6, 2021. 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