New Mexico Register / Volume XXXIII, Issue 16 / August 23,
2022
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 issue new regulations for the following new rules as authorized by
Subsection (E) of Section 9-29-6 NMSA 1978:
8.9.3 NMAC - CHILD CARE ASSISTANCE REQUIREMENTS FOR
CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS
8.9.5 NMAC - NON-LICENSED CHILD CARE; REQUIREMENTS
GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES
8.9.6 NMAC- GOVERNING BACKGROUND CHECKS AND EMPLOYMENT
HISTORY VERIFICATION
No technical
scientific information was consulted in drafting these proposed rules.
Purpose of proposed rules: The purpose of the rulemaking is to promulgate
8.9.3 NMAC, 8.9.4 NMAC, 8.9.5 NMAC
and 8.9.6 NMAC, which are amended versions of
8.15.2, 8.16.2, 8.17.2, and 8.8.3 NMAC respectively. ECECD is promulgating
these rules to provide for its own agency regulations concerning licensed child care, registered child care, child care assistance,
and background check clearances.
Summary of Proposed Rules: ECECD is proposing new rules 8.9.3 NMAC,
8.9.4 NMAC, 8.9.5 NMAC and 8.9.6 NMAC to replace and update 8.15.2 NMAC, 8.16.2
NMAC, 8.17.2 NMAC, and 8.8.3 NMAC to: (1) change references from the Children
Youth and Families Department (CYFD) to the ECECD as the department responsible
for enforcing these regulations; and (2) provide minor updates to the
regulations for licensed child care, registered child care, child care
assistance, and background check clearances in order to clarify the previously
enacted regulations in 8.15.2 NMAC, 8.16.2 NMAC, 8.17.2 NMAC, and 8.8.3 NMAC,
or provide necessary updates in order to protect the health, safety, and
welfare of children and improve ECECD’s child care assistance program.
Copies of the
proposed amended rules may be found at ECECD’s website at Regulation Changes
| Early Childhood Education & Care Department (nmececd.org)/ 30 days
prior to the Public Hearing.
Notice of public rule hearing: The public rule hearing will be held on September 27th, 2022, from 9:00 a.m. to 10:00 a.m. for 8.9.3 NMAC; 10:00 a.m. to 11:00 a.m. for 8.9.4 NMAC; 1:00 p.m. to 2:00 p.m. for 8.9.5 NMAC; and 2:00 pm to 3:00 p.m. for regulations 8.9.6 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 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@state.nm.us or
call (505) 231-5820. 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@state.nm.us with the subject line “Proposed Regulation
Public Comment” or via first class mail to P.O. Drawer 5619, Santa Fe, New
Mexico 87502 – 5619. Written comments
may be delivered to the Old PERA building at 1120 Paseo De Peralta on September
27th, 2022, from 9:00 a.m. to 3:00 pm. The comment period ends at the conclusion
of the public hearing on September 27, 2022.
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 1-346-248-7799,
access code 679 596 6590#. 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/6795966590, and follow the instructions
indicated on the screen – Meeting ID (access code): 679 596 6590. This will be
a live stream of the hearing. You may
also provide comment via Chat during the live streaming.