An area agency on aging shall be notified, by certified mail, return receipt requested, at least ten (10) working days prior to the effective date of its de-designation as an area agency on aging. Such notification shall explain the right of the area agency on aging to appeal such decision as outlined in 9.2.11 NMAC.

1. A. If, in the department’s judgment, an egregious situation exists that seriously threatens the health and welfare of a significant segment of the older adult population within the affected planning and service area(s), the de-designation may be made effective immediately, and so stated in the letter of notification. Immediate de-designation does not preclude processing appeals under 9.2.11 NMAC.
2. B. If an area agency on aging is de-designated, the department may, if necessary to ensure continuity of services in a planning and service area, assume the role of the area agency on aging for a period of up to one hundred eighty (180) days following its final decision to withdraw designation of the area agency on aging; this period may be extended by the head of the U.S. administration on aging pursuant to 45 C.F.R. Section 1321.35.
3. C. If an area agency on aging is de-designated, the department may alternatively, if necessary to ensure continuity of services in a planning and service area, assign the responsibilities of the area agency on aging to another agency in the planning and service area for a period of up to hundred eighty (180) days. This period may be extended by the head of the U.S. Administration on Aging pursuant to 45 C.F.R. Section 1321.35.

[9.2.7.13 NMAC - Rp, SAA Rule No. 95-7.13, 6/30/2015]