N.M. Admin. Code § 8.102.110.13 - DISPOSITION OF APPLICATION/NOTICE

A. Denials: If an application is denied, ISD shall issue a written notice to the applicant of a denial. The denial notice shall include the date of denial, reason for denial, the regulation under which the denial was made, the applicant's right to a fair hearing concerning the denial, and the time limits for filing a fair hearing request. The notice shall also explain that the applicant may discuss the decision with the caseworker, supervisor, or county director.

B. Approvals: If the application is approved, the applicant shall be notified by mail or by electronic means which may include the YES-New Mexico web portal. The notice shall report the initial month of eligibility, amount of payment, how the payment is calculated, and the members who have been determined eligible.

C. Application withdrawal: An applicant may voluntarily withdraw the application at any time before eligibility determination. An effort shall be made to confirm the applicant's desire to withdraw the application. Applicants shall be advised that withdrawal of the application has no effect upon the right to apply for assistance in the future.

D. Tribal TANF requirements:

(1) If an applicant fails to provide documentation of denial for tribal TANF within 30 days, the NMW application shall be:

(a) held for 30 days beginning with the day after the date of application;

(b) denied on the 30th day or on the next business day if the 30th is not a business day.

(2) If the applicant provides documentation of denial for tribal TANF within 30 days, ISD shall determine the cause for denial prior to processing the NMW application. Applicants who verify denial of tribal TANF within 30 days shall be processed according to current NMW policy.

(a) An applicant denied tribal TANF benefits for the following reasons shall be immediately denied NMW cash assistance:

(i) failure to provide information;

(ii) failure to cooperate with the application process;

(iii) failure to comply with any tribal TANF non-financial eligibility criteria; or if

(iv) the benefit group is currently within a sanction period involving total benefit group ineligibility.

(b) Individuals qualifying for or receiving tribal TANF benefits shall be denied NMW cash assistance.

Notes

N.M. Admin. Code § 8.102.110.13

8.102.110.13 NMAC - Rp 8.102.110.13 NMAC, 7/1/2001; A, 2/14/2002; A, 7/1/2013, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024