New Mexico Register / Volume XXXII,
Issue 18 / September 28, 2021
NOTICE OF EMERGENCY RULEMAKING
The New Mexico Human Services
Department (HSD) is issuing a temporary emergency rule to be effective October
1, 2021. The HSD is required to make
changes to 8.102.500 of the New Mexico Administrative Code (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 August 16, 2021 and will make the adjustments
effective for benefit month October 2021 for Federal Fiscal Year (FFY) 2022 to
comply with federal law and regulations.
The Department received the
notice of the federal Cost-of-Living Adjustments (COLA) with less than sixty
days to implement the changes to be effective on October 1 and has insufficient
time to follow the regular rulemaking process. The Department is implementing
an emergency rule in order to remain federally compliant as failure to
implement beyond October 1 would place the Department in violation of Federal
law.
Regulations issued pursuant
to the act are contained in 45 CFR Parts 200-299.
Administration of the HSD,
including its authority to promulgate regulations, is governed by Chapter 9,
Article 8, NMSA 1978 (Repl. 1983).
The emergency rule will
remain in effect until a permanent rule takes effect under normal rulemaking
process.
The Human Services Register
Vol. 44 No. XX outlining the temporary emergency regulations is available on
the HSD’s website at: http://www.hsd.state.nm.us/LookingForInformation/income-support/division-registers.aspx.