New Mexico Register / Volume XXXVI,
Issue 12 / June 24, 2025
NOTICE
OF RULEMAKING AND PUBLIC RULE HEARING
The New Mexico Early
Childhood Education and Care Department (ECECD) hereby gives notice as required
under Section 14-4-5.2 NMSA 1978 and 1.24.25.11 NMAC that it proposes to adopt
amendments to the following rules regarding SOCIAL SERVICES CHILD CARE
LICENSING REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT as authorized
by Subsection (E) of Section 9-29-6 NMSA 1978;
8.9.9 NMAC -
REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT
No technical
scientific information was consulted in drafting these proposed rules.
Purpose of
proposed rules:
ECECD is promulgating these rules to provide for its own agency regulations as
well as to align to the New Mexico Finance Authority (NMFA) standard. NMFA
changes were put in place to streamline the loan application process and to
facilitate ease of access to the administration and implementation of the Child
Care Facility Loan Act.
Summary of Proposed Rules: In summary, the
proposed rule amendment to 8.9.9 NMAC will update regulations to align with
amendments made to the Child Care Facility Loan Act, NMSA 1978 § 24-24-1 to -4,
and to align regulations with NMFA procedures. These rules establish
eligibility guidelines for applicants and projects, application requirements,
and evaluation procedures for loans made to child care providers. Changes made
include the addition of loans for the expansion and creation of new facilities
as eligible projects; the addition of contracts for services as an eligible use
of the fund and eligibility criteria for providers to qualify for contracts for
services; additional prioritization categories for loan applications; the
addition of persons, entities, or employers as eligible providers; rules for
provisional loan licenses for the purposes of eligibility; and updated
definitions.
As part of the
amendment process, ECECD will hold a public rule hearing for the proposed
amendments on July 24, 2025, from 9:00 a.m. to 10:00 a.m.
Copies of the
proposed amended rules may also be found at ECECD’s website at
www.nmececd.org/regulation-changes/ 30 days prior to the Public Hearing.
Notice of public
rule hearing:
The public rule hearing will be held on July 24, 2025, from 9:00 a.m. to 10:00
a.m. for proposed rule update for 8.9.9 NMAC. The hearing will be held in
Apodaca Hall of the PERA Building located at 1120 Paseo de Peralta, Santa Fe,
New Mexico 87502 and via virtual web platform (Zoom), email, and telephonic
means. The public hearing will be conducted in a fair and equitable manner by
an ECECD agency representative or hearing officer and shall be recorded. Any
interested member of the public may attend the hearing and will be provided
with a reasonable opportunity to offer public comment, either orally or in
writing, including presentation of data, views, or arguments, on the proposed
rules during the hearing. Individuals with disabilities who need any form of
auxiliary aid to attend or participate in the public hearing are asked to
contact ECECD at ECECD-ECS-PublicComment@ECECD.NM.Gov or call 505-670-8993.
ECECD will make every effort to accommodate all reasonable requests but cannot
guarantee accommodation of a request that is not received at least ten calendar
days before the scheduled hearing.
Notice of
acceptance of written public comment: Written public comment, including
presentation of data, views, or arguments about the proposed rules, from any
interested member of the public may be submitted via email to
ECECD-ECS-PublicComment@ECECD.NM.Gov with the subject line “8.9.9 NMAC Public
Comment” or via first class mail to PO. Drawer 5619, Santa Fe, New Mexico
87502-5619. Written comments may be delivered to the Old PERA building at 1120
Paseo De Peralta on July 24, 2025, from 9:00 a.m. to 10:00 a.m. The deadline to
submit comments is at the end of the public hearing on July 24, 2025.
Any interested
member of the public may attend the hearing in person, or via the virtual web
platform or telephone, and offer public comments on the proposed rule during
the hearing. To access the hearing by telephone: place call 1-253-205-0468,
Meeting ID: 820 4248 9230. You will be able to hear the full hearing, and your
telephone comments will be recorded. To access the hearing via the internet:
please go to https://nmececdorg.zoom.us/j/82042489230 and follow the
instructions indicated on the screen – Meeting ID: 820 4248 9230. This will be
a live stream of the hearing. You may also provide comment via chat during the
live streaming.