N.M. Admin. Code § 2.110.2.15

Current through Register Vol. 36, No. 1, January 14, 2025

Section 2.110.2.15 - PROGRAM PUBLIC PARTICIPATION REQUIREMENTS

Applicants must provide opportunities for public participation in the development of community development goals, objectives, and applications for funding assistance by undertaking the following activities:

A. provide for and encourage citizen participation within their areas of jurisdiction with particular emphasis on participation by persons of low and moderate income;

B. provide citizens with reasonable and timely access to local meetings, information, and records relating to proposed and actual use of funds;

C. provide for technical assistance as determined by the applicant, groups and representatives of low and moderate income persons that request assistance in developing proposals; the level and type of assistance is to be determined by the applicant.

D. provide for public hearings to obtain citizen participation and respond to proposals and questions at all stages;

E. prior to selecting a project and submitting an application for CDBG funding assistance, conduct at least one public hearing for the following purposes:

(1) to advise citizens of the amount of CDBG funds expected to be made available for the current fiscal year;

(2) to advise citizens of the range of activities that may be undertaken with the CDBG funds;

(3) to advise citizens of the estimated amount of CDBG funds proposed to be used for activities that will meet the national objective to benefit to low and moderate income persons;

(4) to advise citizens of the proposed CDBG activities likely to result in displacement, and the unit of general local government's anti-displacement and relocation plans;

(5) to obtain recommendations from citizens regarding the community development and housing needs of the community:

F. After considering all recommendations and input provided at the public hearing(s), the governing body must select one project for which to submit an application for funding assistance at an official public meeting.

G. The applicant must conduct a second public hearing prior to the submission of the application. Public hearing notices must be published in the non-legal section of newspapers, or posted in a minimum of three prominent public places within the project area, with public access. Notice of any public hearing must be published or posted at least 10 days in advance of the hearing date. Emergency hearings may be called upon 72 hour's notice unless threat of personal injury or property damage requires less notice. Emergency hearings may be called only under unforeseen circumstances, which demand immediate action to protect the health, safety and property of citizens or to protect the applicant from substantial financial loss. All applicants must be in compliance with all provisions of the Open Meetings Act Section 10-15-1 NMSA 1978 et., seq.

H. Evidence of compliance with these public participation requirements must be provided with each application, i.e., hearing notice, minutes of public meetings, list of needs and activities to be undertaken, etc.

I. Amendments to goals, objectives, and applications are also subject to public participation.

J. Applicants must provide for timely written answers to written complaints and grievances within 15 working days where practicable.

K. Applicants must identify how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate.

N.M. Admin. Code § 2.110.2.15

2.110.2.15 NMAC - Rp 2 NMAC 110.2.15, 08-30-01; A, 12-1-10; A, 10-17-11; A, 11-15-12, Adopted by New Mexico Register, Volume XXVI, Issue 12, June 30, 2015, eff. 6/5/2015, Adopted by New Mexico Register, Volume XXVII, Issue 21, November 15, 2016, eff. 11/15/2016