reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23 - Post-Secondary Educational Institution Act › Section 21-23-6.3 - Fee authorization.

A. The department may establish initial application fees for all colleges, universities or career schools seeking to operate in New Mexico. The initial application fee shall be not less than two hundred dollars ($200) or more than five thousand dollars ($5,000). In setting the fee, the department shall consider the projected revenue of the institution and the projected cost of performing the review.
B. The department may establish an annual licensing fee for all career schools or nonregionally accredited colleges or universities licensed by the department. The licensing fee shall be proportionate to each school's gross annual tuition revenue; provided the fee shall be not less than two hundred dollars ($200) or more than five thousand dollars ($5,000).
C. The department may charge a reasonable administrative fee not to exceed the actual cost of providing the administrative service.
D. All fees imposed and collected by the department shall be deposited in the post-secondary educational institution fund.
History:
1978 Comp., § 21-23-6.3, enacted by Laws 1994, ch. 108, § 10; 2005, ch. 223, § 7; 2013, ch. 59, § 8.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed terms to assign administration of the Post-Secondary Educational Institution Act to the higher education department; and in Subsections A through D, deleted "commission" and added "department".
The 2005 amendment,
effective June 17, 2005, provided in Subsection B that the commission may establish an annual license fee for non-regionally accredited colleges and universities license by the commission and added Subsection C to provide that the commission may charge a reasonable administrative fee not to exceed the actual cost of providing administrative services.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23 - Post-Secondary Educational Institution Act › Section 21-23-8 - Fund created.

There is created in the state treasury the "post-secondary educational institution fund". Money appropriated to this fund or accruing to it through gifts, grants or bequests shall not be transferred to another fund or encumbered or disbursed in any manner except for the administration of the Post-Secondary Educational Institution Act or the Out-of-State Proprietary School Act [Chapter 21, Article 24 NMSA 1978]. The fund shall not revert at the end of the fiscal year. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's authorized representative.
History:
1953 Comp., § 73-40-8, enacted by Laws 1975, ch. 148, § 8; 1977, ch. 247, § 193; 1989, ch. 324, § 17; 2013, ch. 59, § 11.
ANNOTATIONS
Repeals and reenactments.
— Laws 1975, ch. 148, § 8, repealed former 73-40-8, 1953 Comp., relating to collection and deposit of fees, and enacted a new 73-40-8, 1953 Comp.
The 2013 amendment,
effective June 14, 2013, changed terms to assign administration of the Post-Secondary Educational Institution Act to the higher education department; and in the fourth sentence, after "vouchers signed by the", deleted "executive director" and added "secretary", after "secretary of" deleted "the commission on", and after "higher education", added "or the secretary's authorized representative".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Funds § 3.
81A C.J.S. States § 135.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23 - Post-Secondary Educational Institution Act › Section 21-23-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 108, § 29 repealed 21-23-9 NMSA 1978, as enacted by Laws 1975, ch. 148, § 9, relating to transfer of funds, effective July 1, 1994. For provisions of former section,
see
the 1993 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23 - Post-Secondary Educational Institution Act › Section 21-23-10.1 - Enforcement.

The department or any state or local prosecuting officer may, by request or on the officer's own motion, bring an appropriate action in any court of competent jurisdiction to enforce the provisions of the Post-Secondary Educational Institution Act.
History:
Laws 1994, ch. 108, § 14; 2013, ch. 59, § 13.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed terms to assign administration of the Post-Secondary Educational Institution Act to the higher education department; and at the beginning of the sentence, deleted "commission" and added "department".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23 - Post-Secondary Educational Institution Act › Section 21-23-11 - Existing post-secondary educational institutions.

All post-secondary educational institutions existing prior to July 1, 1994 shall have ninety days to register or to apply for a license in accordance with the terms of the Post-Secondary Educational Institution Act.
History:
1953 Comp., § 73-40-10, enacted by Laws 1971, ch. 303, § 10; 1975, ch. 148, § 11; 1994, ch. 108, § 15.
ANNOTATIONS
The 1994 amendment,
effective July 1, 1994, rewrote this section to the extent that a detailed comparison is impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities § 6.
14A C.J.S. Colleges and Universities § 3.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23 - Post-Secondary Educational Institution Act › Section 21-23-12 - Cooperation.

The higher education department shall cooperate with federal and other state agencies in administering the provisions of the Post-Secondary Educational Institution Act. The secretary of state shall cooperate with the higher education department by identifying post-secondary educational institutions that apply for corporate charters. The public education department shall cooperate with the higher education department by providing the technical assistance necessary to develop minimum standards that post-secondary educational institutions shall meet and any other assistance that would be of aid in the administration of the Post-Secondary Educational Institution Act.
History:
1953 Comp., § 73-40-11, enacted by Laws 1975, ch. 148, § 12; 1994, ch. 108, § 16; 2013, ch. 59, § 14; 2013, ch. 75, § 12.
ANNOTATIONS
2013 Multiple Amendments.
— Laws 2013, ch. 59, § 14, effective June 14, 2013, and Laws 2013, ch. 75, § 12, effective July 1, 2013, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2013, ch. 75, § 12, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2013, ch. 59, § 14 and Laws 2013, ch. 75, § 12 are described below. To view the session laws in their entirety,
see
the 2013 session laws on
NMOneSource.com
.
The nature of the difference between the amendments is that Laws 2013, ch. 59, § 14 replaced "commission" with "department" and Laws 2013, ch. 75, § 12 replaced "commission" with "higher education department".
Laws 2013, ch. 75, § 12, effective July 1, 2013, assigned administration of the Post-Secondary Educational Institution Act to the department of higher education and required the secretary of state to assist the department identify post-secondary educational institutions that apply for charters; deleted "commission" and added "higher education department" throughout the section, and in the second sentence, deleted "state corporation commission" and added "secretary of state".
Laws 2013, ch. 59, § 14, effective June 14, 2013, changed terms to assign administration of the Post-Secondary Educational Institution Act to the department of higher education; required the secretary of state to assist the department identify post-secondary educational institutions that apply for charters; deleted "commission" and added "department" throughout the section, and in the second sentence, at the beginning of the sentence, deleted "state corporation commission" and added "secretary of state".
The 1994 amendment,
effective July 1, 1994, substituted "commission" for "board" in three locations, added "state" preceding "corporation commission," substituted "that" for "which" in three locations, added "public" preceding "education," and substituted "shall" for "must" in the last sentence.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23 - Post-Secondary Educational Institution Act › Section 21-23-13 - Procedure.

The department shall follow the procedures set out in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] in administering the provisions of the Post-Secondary Educational Institution Act. When the Uniform Licensing Act refers to the process of examination, that process means the process of application for the purposes of the administration of the Post-Secondary Educational Institution Act.
History:
1953 Comp., § 73-40-12, enacted by Laws 1975, ch. 148, § 13; 1994, ch. 108, § 17; 2013, ch. 59, § 15.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed terms to assign administration of the Post-Secondary Educational Institution Act to the higher education department; and in the first sentence, at the beginning of the sentence, deleted "commission" and added "department".
The 1994 amendment,
effective July 1, 1994, substituted "commission" for "board" near the beginning of the section and "means" for "shall mean" near the end of the section.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23 - Post-Secondary Educational Institution Act › Section 21-23-14 - Prohibition.

The issuance of a license by the department does not constitute accreditation by it for any purpose. Any representation to the contrary is a misrepresentation for the purposes of Section 21-23-10 NMSA 1978 and is prohibited.
History:
1953 Comp., § 73-40-13, enacted by Laws 1975, ch. 148, § 14; 1994, ch. 108, § 18; 2013, ch. 59, § 16.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed terms to assign administration of the Post-Secondary Educational Institution Act to the higher education department; and in the first sentence, after "license by the", deleted "commission" and added "department".
The 1994 amendment,
effective July 1, 1994, rewrote the first sentence, which read "The issuance of a permit or certificate of approval by the board shall not constitute approval or accreditation by it for any purpose"; and substituted "21-23-10 NMSA 1978" for "73-40-9 NMSA 1953" in the second sentence.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23 - Post-Secondary Educational Institution Act › Section 21-23-15 - Post-secondary educational institutions; termination.

A. No post-secondary educational institution shall terminate its operation within the state until:
(1) the institution has made reasonable efforts with another public or private post-secondary educational institution that provides a comparable education to facilitate and provide for the transfer of the students, with a minimum loss of credit;
(2) the post-secondary educational institution has made contractual arrangements for the perpetual care, maintenance and accessibility of all records, transcripts, reports and evaluations of all students receiving credit from the institution during the period of its existence; and
(3) the post-secondary educational institution has met all rules of the department pertaining to the termination of operations by post-secondary educational institutions.
B. Before any post-secondary educational institution terminates its services or sells, transfers or disposes of substantially all of its assets, it shall submit to the department a summary of all actions taken pursuant to the requirements set forth in Subsection A of this section.
History:
1978 Comp., § 21-23-15, enacted by Laws 1979, ch. 355, § 1; 1994, ch. 108, § 19; 2013, ch. 59, § 17.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed terms to assign administration of the Post-Secondary Educational Institution Act to the higher education department; and in Paragraph (3) of Subsection A and in Subsection B, deleted "commission" and added "department".
The 1994 amendment,
effective July 1, 1994, deleted "of program" from the end of the section heading, rewrote Subsection A and Paragraph A(1), added Paragraph A(3) and made a related stylistic change, and substituted "commission" for "board of educational finance" in Subsection B.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23A - American Indian Post-Secondary Education › Section 21-23A-1 - Short title.

Sections 2 through 7 [21-23A-1 to 21-23A-6 NMSA 1978] of this act may be cited as the "American Indian Post-Secondary Education Act".
History:
Laws 2009, ch. 60, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 60 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23A - American Indian Post-Secondary Education › Section 21-23A-2 - Definitions.

As used in the American Indian Post-Secondary Education Act:
A. "bureau of Indian education school" means a school located in New Mexico that is under the control of the bureau of Indian education of the United States department of the interior;
B. "department" means the higher education department;
C. "division" means the American Indian post-secondary education division of the department;
D. "fund" means the American Indian post-secondary education fund;
E. "public post-secondary educational institution" means an institution of higher education delineated in Article 12, Section 11 of the constitution of New Mexico or a community college, branch community college or technical and vocational institute organized pursuant to Chapter 21, Article 13, 14 or 16 NMSA 1978;
F. "secretary" means the secretary of higher education;
G. "tribal college" means a tribally, federally or congressionally chartered post-secondary educational institution located within New Mexico that is accredited by the north central association of colleges and schools; and
H. "tribe" means an Indian nation, tribe or pueblo located within New Mexico.
History:
Laws 2009, ch. 60, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 60 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23A - American Indian Post-Secondary Education › Section 21-23A-3 - Department rules; memoranda of understanding.

A. The department shall consult with tribes, bureau of Indian education schools and tribal colleges when adopting rules to carry out the provisions of the American Indian Post-Secondary Education Act.
B. The secretary may enter into memoranda of understanding with tribal colleges, bureau of Indian education schools and tribes for data collection and data sharing and for other matters related to implementation of the American Indian Post-Secondary Education Act.
History:
Laws 2009, ch. 60, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 60 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23A - American Indian Post-Secondary Education › Section 21-23A-4 - American Indian post-secondary education division duties.

A. The division shall:
(1) develop and implement policies that positively affect the post-secondary educational success of American Indian students;
(2) provide assistance to public post-secondary educational institutions and tribal colleges in the planning, development, implementation and evaluation of recruitment and retention strategies designed for American Indian college students;
(3) seek funding to assist public educational institutions and tribal colleges as needed to develop support services to increase the enrollment, retention and graduation rates of American Indians at public post-secondary educational institutions and tribal colleges, including:
(a) academic support and transition programs; and
(b) institutional efforts to increase academic financial support;
(4) develop a system for consistent data collection and sharing on the enrollment, retention and graduation rates of American Indian students at public post-secondary educational institutions and tribal colleges; and
(5) conduct outreach to tribes concerning financial aid opportunities for American Indian students.
B. The director of the division shall serve as a liaison with the Indian education advisory council.
History:
Laws 2009, ch. 60, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 60 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23A - American Indian Post-Secondary Education › Section 21-23A-5 - Reports.

A. Each public post-secondary educational institution shall submit an annual American Indian post-secondary education status report to the division. The department may enter into agreements with tribal colleges to provide the same annual status reports. The status reports shall be submitted in a form prescribed by the division and shall include the following information through which American Indian post-secondary educational performance is measured and aligned with the higher education strategic priorities:
(1) student recruitment;
(2) student retention;
(3) student attrition;
(4) remediation needs, by course type;
(5) graduation rate and types and fields of degrees;
(6) student financial aid data, including student demographic data; and
(7) annual goals and objectives of American Indian education programs, including graduate-level participation by American Indians.
B. The division shall compile the data collected pursuant to Subsection A of this section and publish an annual state American Indian post-secondary education status report.
History:
Laws 2009, ch. 60, § 6.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 60 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23A - American Indian Post-Secondary Education › Section 21-23A-6 - American Indian post-secondary education fund created; grants; applications.

A. The "American Indian post-secondary education fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the purposes of the American Indian Post-Secondary Education Act. Disbursements from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's authorized representative.
B. Grants may be awarded for special projects related to recruitment, retention and graduation of American Indian students, including student conferences, cultural awareness training for faculty and staff at public post-secondary educational institutions and tribal colleges, academic support and transition programs and other projects approved by the division.
C. Applications for grants shall be in the form prescribed by the division. The division, with the secretary's approval, shall promulgate rules on the grant application and award process, including:
(1) who may apply for grants;
(2) information required in the application process;
(3) how applications will be evaluated and awarded;
(4) accounting and financial reporting requirements for grantees;
(5) reporting requirements on the use of a grant and the outcomes of the special project funded by the grant; and
(6) any other information deemed necessary by the division.
History:
Laws 2009, ch. 60, § 7.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 60 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23B - Interstate Distance Education › Section 21-23B-1 - Short title.

Sections 1 through 6 [21-23B-1 to 21-23B-6 NMSA 1978] of this act may be cited as the "Interstate Distance Education Act".
History:
Laws 2015, ch. 23, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23B - Interstate Distance Education › Section 21-23B-2 - Definitions.

As used in the Interstate Distance Education Act:
A. "accreditation" means the status of public recognition that an accrediting agency recognized by the United States department of education pursuant to Title 4 of the federal Higher Education Act of 1965 grants to an institution or educational program that meets the department's established requirements;
B. "complaint" means a formal written assertion that a provision of an agreement pursuant to Subsection B of Section 3 [21-23B-3 NMSA 1978] of the Interstate Distance Education Act is being or has been violated;
C. "department" means the higher education department;
D. "distance education" means instruction offered online or through correspondence or interactive video or other means enabling a student in one state to receive instruction from a higher education provider in another state;
E. "higher education" means education or training beyond secondary education;
F. "operate" means providing instruction, marketing, recruiting, tutoring, field experiences and other services for students in support of offering distance education;
G. "physical presence" means the ongoing occupation of a physical location in the state for, or the ongoing maintenance of an administrative office to support, the provision of higher education instruction;
H. "post-secondary educational institution" includes public post-secondary educational institutions and private post-secondary educational institutions;
I. "private post-secondary educational institution" means an educational institution that:
(1) operates in the state under the provisions of the Post-Secondary Educational Institution Act [Chapter 21, Article 23 NMSA 1978];
(2) has a physical presence in the state; and
(3) is not a public post-secondary educational institution;
J. "public post-secondary educational institution" means:
(1) a branch community college of a state educational institution established pursuant to Chapter 21, Article 13 NMSA 1978;
(2) a community college or technical and vocational institute established pursuant to Chapter 21, Article 16 NMSA 1978; and
(3) eastern New Mexico university, western New Mexico university, New Mexico highlands university, northern New Mexico college, the university of New Mexico, New Mexico state university or the New Mexico institute of mining and technology, New Mexico Military Institute; and
K. "state authorization reciprocity agreement" means an agreement, developed by the national council for state authorization reciprocity agreements, that provides uniform standards and parameters for the interstate provision of post-secondary distance education courses and programs.
History:
Laws 2015, ch. 23, § 2.
ANNOTATIONS
Cross references.
— For the federal Higher Education Act of 1965,
see
20 U.S.C. § 1001 et seq.
Effective dates.
— Laws 2015, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23B - Interstate Distance Education › Section 21-23B-3 - Interstate distance education program; agreement.

A. The department shall establish a program for facilitating:
(1) the receipt of distance education by students in the state; and
(2) the provision of distance education by participating post-secondary educational institutions to students in other states.
B. In furtherance of the provisions of Subsection A of this section, the department may enter into:
(1) an agreement for the western interstate commission for higher education to administer and the state to participate in a state authorization reciprocity agreement; or
(2) a reciprocal agreement with another state for the:
(a) receipt by students in the state of distance education from the other state's institutions that provide higher education instruction and are approved for participation in the reciprocal agreement by the appropriate agency of the other state; and
(b) provision of distance education by participating post-secondary educational institutions to students in the other state.
C. The department may terminate an agreement entered into pursuant to Subsection B of this section pursuant to the provisions of that agreement or department rule.
History:
Laws 2015, ch. 23, § 3.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23B - Interstate Distance Education › Section 21-23B-4 - Program participation by post-secondary educational institutions; qualifications.

A. The department shall provide an application form to allow post-secondary educational institutions to apply to participate in the interstate distance education program.
B. The department shall establish qualifications that an applicant shall demonstrate for acceptance as a participating post-secondary educational institution. At a minimum, the department shall require an applicant to provide documentation showing:
(1) compliance with the interregional guidelines for the evaluation of distance education programs adopted by the council of regional accrediting commissions;
(2) current accreditation; and
(3) for private post-secondary educational institutions, a financial responsibility composite score of one and five-tenths or greater as assigned by the United States department of education in its most recent fiscal year report.
C. An applicant accepted for participation in the interstate distance education program shall enter into a participation agreement with the department.
History:
Laws 2015, ch. 23, § 4.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23B - Interstate Distance Education › Section 21-23B-5 - Monitoring; complaint resolution; sanctions.

A. The department shall regularly monitor the compliance of participating post-secondary educational institutions with the Interstate Distance Education Act.
B. Upon the receipt of a complaint about a participating post-secondary educational institution, the department shall timely:
(1) monitor the resolution process and resolution by the post-secondary educational institution and document the resolution; or
(2) investigate the complaint, conduct or coordinate a resolution process appropriate for responding to the complaint and document the resolution.
C. The department may sanction a participating post-secondary educational institution that:
(1) fails to resolve a complaint or comply with the department's efforts to respond to a complaint pursuant to Subsection B of this section; or
(2) violates a provision of the Interstate Distance Education Act or an agreement pursuant to Section 3 [21-23B-3 NMSA 1978] of that act.
D. Sanctions the department may impose include:
(1) requiring the payment of fees, fine or other monetary remedies; or
(2) the termination or nonrenewal of the participation agreement entered into pursuant to Subsection C of Section 4 [21-23B-4 NMSA 1978] of the Interstate Distance Education Act.
History:
Laws 2015, ch. 23, § 5.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 23B - Interstate Distance Education › Section 21-23B-6 - Rules; reporting.

A. The department shall publish rules for conducting the interstate distance education program.
B. By July 31, 2016 and each subsequent year, the department shall report to the legislative finance committee and the legislative education study committee on the interstate distance education program.
History:
Laws 2015, ch. 23, § 6.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 24 - Out-of-State Proprietary Schools › Section 21-24-1 - Short title.

Chapter 21, Article 24 NMSA 1978 may be cited as the "Out-of-State Proprietary School Act".
History:
1953 Comp., § 73-41-1, enacted by Laws 1971, ch. 304, § 1; 1994, ch. 108, § 20.
ANNOTATIONS
The 1994 amendment,
effective July 1, 1994, substituted "Chapter 21, Article 24 NMSA 1978" for "This Act" at the beginning of the section.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 24 - Out-of-State Proprietary Schools › Section 21-24-2 - Definitions.

As used in the Out-of-State Proprietary School Act:
A. "course" means any course, plan or program of instruction, conducted in person, by mail or by other methods;
B. "student" means any person within this state who is above compulsory school age and eligible for one or more courses of instruction;
C. "agent" means any person who solicits in person and for a fee the enrollment of a student in a course of instruction offered by a proprietary school;
D. "proprietary school" means a nonpublic out-of-state school, academy or similar institution offering within New Mexico a course of instruction or training through correspondence or similar methods or offering within New Mexico a course of instruction or training to be conducted outside New Mexico, but does not include a private out-of-state post-secondary educational institution offering instruction or training within New Mexico, to any student within this state; and
E. "commission" [department] means the commission on higher education [higher education department].
History:
1953 Comp., § 73-41-2, enacted by Laws 1971, ch. 304, § 2; 1994, ch. 108, § 21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
The 1994 amendment,
effective July 1, 1994, substituted the language beginning "solicits" for "represents in any manner a course of instruction offered by correspondence or in behalf of a proprietary school" at the end of Subsection C; inserted "within New Mexico", deleted "or courses" following "course", and substituted the language beginning "similar" for "in person" in Subsection D; and added Subsection E and made a related stylistic change.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 24 - Out-of-State Proprietary Schools › Section 21-24-3 - Exceptions.

The Out-of-State Proprietary School Act does not apply to:
A. courses recognized by the public education department for the purpose of complying with the Compulsory School Attendance Law [Chapter 22, Article 12 NMSA 1978];
B. courses offered by an employer solely for the employer's employees;
C. courses offered by a nonprofit religious institution relating primarily to religion; and
D. courses offered under a participation agreement pursuant to the provisions of Subsection C of Section 4 [21-23B-4 NMSA 1978] of the Interstate Distance Education Act [21-23B-1 to 21-23B-6 NMSA 1978].
History:
1953 Comp., § 73-41-3, enacted by Laws 1971, ch. 304, § 3; 1994, ch. 108, § 22; 2015, ch. 23, § 8.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, exempted provisions of the Interstate Distance Education Act from the Out-of-State Proprietary School Act; in Subsection A, after "by the", deleted "state board of" and added "public", and after "education", added "department"; in Subsection B, after "for", deleted "his" and added "the employer's"; and added Subsection D.
The 1994 amendment,
effective July 1, 1994, substituted "solely for his" for "for in service training of his" in Subsection B, and rewrote Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
68 Am. Jur. 2d Schools §§ 12, 13.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 24 - Out-of-State Proprietary Schools › Section 21-24-4 - Publicizing of instruction.

No agent shall:
A. make or cause to be made any statement or representation, oral, written or visual, in connection with the offering or publicizing of a course if the agent knows or reasonably should know the statement or representation to be false, deceptive, substantially inaccurate or misleading;
B. promise or guarantee employment utilizing information, training or skill purported to be provided or otherwise enhanced by a course, unless the promisor or guarantor offers the student or prospective student a bona fide contract of employment agreeing to employ the student or prospective student for a period of not less than ninety days in a business or other enterprise regularly conducted by him in which such information, training or skill is a normal condition of employment; or
C. do any act constituting part of the conduct or administration of a course, or the obtaining of students therefor, if the agent knows or reasonably should know that any phase or incident in the conduct or administration of the course is being carried on by the use of fraud, deception or other form of misrepresentation or by any agent soliciting students without a registration.
History:
1953 Comp., § 73-41-4, enacted by Laws 1971, ch. 304, § 4; 1994, ch. 108, § 23.
ANNOTATIONS
Cross references.
— For misrepresenting permit as approval,
see
21-24-5 NMSA 1978.
The 1994 amendment,
effective July 1, 1994, substituted "should know" for "should have known" near the end of Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
37 Am. Jur. 2d Fraud and Deceit § 77.
Validity, construction, and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004.
37 C.J.S. Fraud § 2.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 24 - Out-of-State Proprietary Schools › Section 21-24-6 - Rules and regulations.

The commission [department] shall adopt rules and regulations for the administration and enforcement of the Out-of-State Proprietary School Act.
History:
1953 Comp., § 73-41-6, enacted by Laws 1971, ch. 304, § 6; 1975, ch. 107, § 2; 1994, ch. 108, § 25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
The 1994 amendment,
effective July 1, 1994, deleted "advisory committee" from the end of the section heading, substituted "commission" for "board of educational finance" near the beginning of the section, and deleted "and may establish an advisory committee of owners or operators of proprietary schools and other persons with knowledge in the field of proprietary schools to advise it in its administration" following "Act" at the end of the section.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 24 - Out-of-State Proprietary Schools › Section 21-24-7 - Enforcement.

The commission [department] or any state or local prosecuting officer may, by request or on his own motion, bring an appropriate action in any court of competent jurisdiction to enforce the provisions of the Out-of-State Proprietary School Act.
History:
1953 Comp., § 73-41-7, enacted by Laws 1971, ch. 304, § 7; 1975, ch. 107, § 3; 1994, ch. 108, § 26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
The 1994 amendment,
effective July 1, 1994, substituted "commission" for "board of educational finance" near the beginning of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
1 Am. Jur. 2d Actions § 24.
16 C.J.S. Constitutional Law § 149.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 24 - Out-of-State Proprietary Schools › Section 21-24-8 - Judicial review.

Any final determination of the commission [department] respecting the issuance, denial or revocation of a registration may be appealed to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1953 Comp., § 73-41-8, enacted by Laws 1971, ch. 304, § 8; 1975, ch. 107, § 4; 1994, ch. 108, § 27; 1998, ch. 55, § 30; 1999, ch. 265, § 31.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, inserted "pursuant to the provisions of Section 12-8A-1 NMSA 1978" near the end of the section.
The 1994 amendment,
effective July 1, 1994, substituted "commission" for "board of educational finance" near the middle of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73 Am. Jur. 2d Statutes § 51.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 24 - Out-of-State Proprietary Schools › Section 21-24-9 - Penalty.

Any person who violates any provision of Section 21-24-4 or 21-24-5 NMSA 1978 is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six months or both.
History:
1953 Comp., § 73-41-9, enacted by Laws 1971, ch. 304, § 9; 1975, ch. 107, § 5; 1994, ch. 108, § 28.
ANNOTATIONS
The 1994 amendment,
effective July 1, 1994, substituted "Section 21-24-4 or 21-24-5 NMSA 1978" for "Sections 73-41-4 or 73-41-5 NMSA 1953 of the Out-of-State Proprietary School Act" near the middle of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73 Am. Jur. 2d Statutes § 294.
36A C.J.S. Fines § 4.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 25 - Nonproprietary Out-of-State Institutions › Section 21-25-1 - Board of educational finance [higher education department] approval.

The board of educational finance [commission on higher education [higher education department]] shall be responsible for the approval of courses offered in New Mexico by nonproprietary out-of-state institutions.
History:
1953 Comp., § 73-41A-1, enacted by Laws 1977, ch. 4, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 25 - Nonproprietary Out-of-State Institutions › Section 21-25-2 - Definitions.

As used in this act [21-25-1 to 21-25-5 NMSA 1978]:
A. "nonproprietary out-of-state institution" means a public, out-of-state institution, school or similar academy offering a course or courses of instruction to any student within this state.
History:
1953 Comp., § 73-41A-2, enacted by Laws 1977, ch. 4, § 2.
ANNOTATIONS
Compiler's notes.
— This section was enacted without a Subsection B.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 25 - Nonproprietary Out-of-State Institutions › Section 21-25-3 - Approval criteria.

In arriving at its decisions relative to course approval, the board of educational finance [commission on higher education [higher education department]] shall establish criteria in consultation with the academic vice presidents of the institutions enumerated in Article 12, Section 11 of the state constitution. In establishing these criteria, the following factors shall be considered:
A. acceptability of the course at the main campus of the nonproprietary out-of-state institution;
B. availability and accessibility of the course at a New Mexico institution;
C. validity of the course content and length;
D. availability of library and other teaching resources; and
E. qualifications of the staff who will offer the course.
History:
1953 Comp., § 73-41A-3, enacted by Laws 1977, ch. 4, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities § 17.
14A C.J.S. Colleges and Universities § 29.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 25 - Nonproprietary Out-of-State Institutions › Section 21-25-4 - Exceptions.

A. Provisions of this act [21-25-1 to 21-25-5 NMSA 1978] shall not apply to correspondence courses offered through the mail by nonproprietary out-of-state institutions; and
B. Courses offered on military bases for military personnel.
History:
1953 Comp., § 73-41A-4, enacted by Laws 1977, ch. 4, § 4.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 25 - Nonproprietary Out-of-State Institutions › Section 21-25-5 - Certification to state superintendent of public instruction.

The board of educational finance [commission on higher education [higher education department]] shall certify to the state superintendent of public instruction all courses approved and not approved according to the provisions of this act [21-25-1 to 21-25-5 NMSA 1978], within thirty days after board of educational finance [commission on higher education [higher education department]] action is taken. Within thirty days of receipt of this certification, the state superintendent of public instruction shall provide a list to each local school superintendent of all courses approved and not approved to be offered in this state by nonproprietary institutions covered in this act.
History:
1953 Comp., § 73-41A-5, enacted by Laws 1977, ch. 4, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities § 6.
14A C.J.S. Colleges and Universities § 3.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 26 - Osteopathic Interns › Section 21-26-1 - Short title.

This act [21-26-1 to 21-26-4 NMSA 1978] may be cited as the "Osteopathic Intern Act".
History:
Laws 1983, ch. 195, § 1.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 26 - Osteopathic Interns › Section 21-26-2 - Legislative findings and purpose.

A. The legislature finds that:
(1) there is a need for more licensed osteopathic physicians in New Mexico to serve the medical needs of the citizens of the state;
(2) most physicians continue to practice in the geographic area where they receive their training; and
(3) in order to have licensed osteopathic physicians practice in New Mexico, there needs to be an internship program for interns who graduate as physicians from osteopathic medical schools and who must complete a one-year postdoctoral training program in order to apply for licensure in this state.
B. The purpose of the Osteopathic Intern Act is to develop an intern training program for osteopathic interns and to provide training funds to hospitals that offer students in New Mexico a quality postdoctoral training program in family practice as part of the requirements for licensure as osteopathic physicians in New Mexico.
History:
Laws 1983, ch. 195, § 2.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 26 - Osteopathic Interns › Section 21-26-3 - Definitions.

As used in the Osteopathic Intern Act:
A. "board" ["commission" ["department"]] means the board of educational finance [commission on higher education [higher education department]];
B. "hospital" means a fully accredited nonprofit osteopathic teaching hospital in New Mexico that accepts newly graduated physicians for internships in family practice; and
C. "osteopathic intern" means a graduate of a college of osteopathic medicine approved by the American Osteopathic Association and who has been accepted by a hospital for postdoctoral training in family practice.
History:
Laws 1983, ch. 195, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 26 - Osteopathic Interns › Section 21-26-4 - Intern program; higher education department contract; regulations.

The higher education department shall:
A. in cooperation with the hospitals and the New Mexico medical board, develop an intern training program to provide postdoctoral training for osteopathic interns;
B. contract with hospitals to provide intern training programs; and
C. promulgate regulations to carry out the provisions of the Osteopathic Intern Act, including program requirements, distribution of training funds and matching fund and financial accountability requirements of hospitals receiving intern training funds; provided, however, for the purposes of this subsection, "matching funds" may include the provision of in-kind services. Regulations of the department shall be filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
Laws 1983, ch. 195, § 4; 2021, ch. 54, § 5.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, removed a reference to the "board of osteopathic medical examiners" and replaced it with the "New Mexico medical board", as it relates to developing an intern training program, and removed a reference to the board of educational finance and replaced it with the higher education department; after "Intern program", deleted "board" and added "higher education department"; after "The", changed "board" to "higher education department"; in Subsection A, after "hospitals and the", added "New Mexico medical", and after "board", deleted "of osteopathic medical examiners"; and in Subsection C, after "Regulations of the ", changed "board" to "department".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 32 to 34; 63A Am. Jur. 2d Public Funds §§ 56 to 58.
14A C.J.S. Colleges and Universities §§ 7, 31, 33; 81A C.J.S. States §§ 205, 211.