New Mexico § 28-4-6 - Agency powers

§ 28-4-6. Agency powers

A. The state agency on aging [aging and long-term services department]: (1) may receive on behalf of the state any gifts, donations or bequests from any source

to be used in carrying out its duties; and (2) is designated as the state agency [department] for handling all programs of the

federal government related to the aged, except those designated by law as the responsibility

of another state agency, and may enter into agreements and contracts with agencies

of the federal government for this purpose. B. The state agency on aging [aging and long-term services department] may adopt and

promulgate such reasonable rules and regulations as are deemed necessary to carry

out its duties. Unless otherwise provided by law, no rule or regulation affecting any person or

agency outside the state agency on aging [aging and long-term services department]

shall be adopted, amended or repealed without a public hearing on the proposed action

before the director of the state agency on aging [aging and long-term services department]

or a hearing officer designated by him. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule or regulation, the action proposed to be

taken, the time and place of the hearing, the manner in which interested persons may

present their views and the method by which copies of the proposed rule or regulation

or proposed amendment or repeal of an existing rule or regulation may be obtained

shall be published once at least thirty days prior to the hearing in a newspaper of

general circulation and mailed at least thirty days prior to the hearing date to all

persons who have made a written request for advance notice of hearing. The director of the state agency on aging [aging and long-term services department]

shall also provide such notice to the director of each senior citizen center no later

than forty days prior to the public hearing. All rules and regulations shall be filed in accordance with the State Rules Act. 1 C. To ensure that the health and safety needs of the state's aged population are being

met, the state agency on aging [aging and long-term services department] may conduct

unannounced quality care evaluations of health and long-term care facilities that

provide services to the aged, including the use of undercover patients or employees. Any employee or contractor of the state agency on aging [aging and long-term services

department] who participates in such an evaluation shall be immune from liability

in any civil action related to the evaluation, provided it is conducted in good faith. The purpose of this subsection is to confirm and clarify the authority of the state

agency on aging [aging and long-term services department] to conduct quality care

evaluations to protect the interests of the state's aged population. 1

NMSA 1978, § 14-4-1 et seq.