Section 11. De-Designation

The department shall withdraw an area agency on aging designation whenever the department, for specific documented reasons and after reasonable notice and opportunity for a hearing, as provided in 9.2.11 NMAC, finds that: A. The area agency on aging does not meet the requirements of federal or state regulations, as specified in 9.2.6 NMAC and 45 C.F.R. Section 1321; or B. The area plan or area plan amendment is not approved in the current funding period; or C. There is substantial failure to properly administer the approved area plan or to comply with any provision of the Older Americans Act, 45 C.F.R. Section 1321, or the department’s rules or published policies and procedures; or D. Activities of the area agency on aging are inconsistent with the statutory mission prescribed in the Older Americans Act or in conflict with the requirement of the Act that it function only as an area agency on aging; or E. The area agency on aging does not perform its responsibilities as required by its contract with the department. 9.2.7 NMAC 2 [9.2.7.11 NMAC - Rp, SAA Rule No. 95-7.11, 6/30/2015] 9.2.7.12 NOTIFICATION OF CONTEMPLATION OF WITHDRAWAL OF AREA AGENCY ON AGING DESIGNATION: If the department contemplates withdrawal of designation of an area agency on aging, the department will notify appropriate individuals and organizations in advance of the contemplated withdrawal and of the reasons which make it necessary. This notification shall be sent by certified mail, return receipt requested, to: A. The governor of New Mexico; B. The New Mexico congressional delegation; C. State senators and representatives of the districts in which the area agency on aging provides services; D. The department policy advisory committee; E. County commission chairpersons and mayors of cities, towns and villages in the affected planning and service area(s); F. Governors or presidents of Indian pueblos or tribes in the affected planning and service area(s); G. The governing body of the area agency on aging; H sentatives of the districts in which the area agency on aging provides services; D. The department policy advisory committee; E. County commission chairpersons and mayors of cities, towns and villages in the affected planning and service area(s); F. Governors or presidents of Indian pueblos or tribes in the affected planning and service area(s); G. The governing body of the area agency on aging; H. Service providers that have current contracts with the area agency; and I. The area agency on aging advisory council.