9.2.1.8

Basic requirements:

1. A. These rules apply to all functions and responsibilities required under the State plan on aging, in carrying out Older Americans Act programs.
2. B. The department, all area agencies on aging, grantees and subgrantees, contractors and subcontractors of funds administered by the department shall adhere to these rules. Additional terms and requirements not contained in these rules may be identified in contracts or grant awards.
3. C. Amendments to the Older Americans Act, any regulations promulgated thereunder, and state statutes may override these rules pending adoption of revised or new rules.
4. D. In the absence of department rules, federal laws, rules and regulations shall apply, as appropriate, to federal funds or to state funds used to match or supplement federal funds. In a like manner state statutes shall apply to state funds not governed by federal requirements.

5. E. The department, all area agencies on aging, grantees and subgrantees, contractors and subcontractors of funds administered by the department shall, where applicable, comply with the Civil Rights Act of 1964, 42 U.S.C. Section 2000e; the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 to 12103; Nondiscrimination Under Programs Receiving Federal Assistance Through the Department of Health and Human Services, 45 C.F.R. Section 80; and Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, 45 C.F.R. Section 84.

   HISTORY OF 9.2.1 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center:

   SAA Rule No. 95-1, General Provisions, filed 4/13/1995.

   History of the Repealed Material:

   SAA Rule No. 95-1, (filed 4/13/1995) - Repealed 6/30/2015.

[9.2.1.8 NMAC - Rp, SAA Rule No. 95-1.8, 06/30/2015]