Cooperation with the federal government; authority of secretary; single state agency status.

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A. The department is authorized to cooperate with the federal government in the administration of human services programs in which financial or other participation by the federal government is authorized or mandated under federal laws, regulations, rules or orders. The secretary may enter into agreements with agencies of the federal government to implement these human services programs subject to availability of appropriated state funds and any provisions of state laws applicable to such agreements or participation by the state.

B. The governor or the secretary may by appropriate order designate the department or any organizational unit of the department as the single state agency for the administration of any human services program when such designation is a condition of federal financial or other participation in the program under applicable federal law, regulation, rule or order. Whether or not a federal condition exists the governor may designate the department or any organizational unit of the department as the single state agency for the administration of any human services program. No designation of a single state agency under the authority granted in this section shall be made in contravention of state law.

History: 1978 Comp., § 9-8-12, enacted by Laws 1977, ch. 252, § 13.

ANNOTATIONS

Effective dates. — Laws 1977, ch. 252, § 48 made Laws 1977, ch. 252, § 13 effective March 31, 1978.

Compiler's notes. — Laws 1977, ch. 252, § 14, provided that all references in the law to the labor and industrial commission, the employment security commission, the committee on children and youth, the commission on aging and the veterans service commission mean the employment services division and the social services division, respectively, of the human services department.

The department of human services no longer contains an employment services division. See 9-8-4 NMSA 1978.

The functions formerly performed by the labor and industrial bureau of such division are now performed by the labor and industrial commission. See 50-1-1 NMSA 1978.

For the aging services bureau of the social services divisions and the state agency on aging [aging and long-term services department], see 28-4-1 to 28-4-9 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Actions under 42 USCS § 1983 for violations of Adoption Assistance and Child Welfare Act (42 USCS §§ 620 et seq. and 670 et seq.), 93 A.L.R. Fed. 314.

81A C.J.S. States § 28.


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