reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 18 - RESIDENCY FOR TUITION PURPOSES › Section 5.7.18.10 - WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
If a student has met the requirement of one of the following
				  waivers, the student shall continue to be considered a non-resident for
				  reporting purposes but will receive the benefit of the in-state tuition rates.
				  In receiving a waiver pursuant to Subsection A through J of
				  5.7.18.10 NMAC, the student does
				  not become eligible for state funded student financial aid, unless the
				  regulations for a particular aid program allow for such eligibility.
A.
American Indian nations, tribes and
				pueblos.
All out of state members of an American Indian nation, tribe
				and pueblo, located wholly or partially in New Mexico, regardless of the
				residence of the member prior to acceptance at a post-secondary educational
				institution shall be eligible to pay the in-state tuition rate. These include
				members of the following tribes or pueblos: Navajo Nation, Jicarilla Apache,
				Mescalero Apache, Taos pueblo, Picuris pueblo, Ohkay Owingeh, Santa Clara
				pueblo, Nambe pueblo, San Ildefonso pueblo, Pojoaque pueblo, Tesuque pueblo,
				Cochiti pueblo, Jemez pueblo, Santo Domingo pueblo, San Felipe pueblo, Zia
				pueblo, Santa Ana pueblo, Sandia pueblo, Isleta pueblo, Laguna pueblo, Acoma
				pueblo, Zuni pueblo, and the Ute Mountain tribe.
B.
Armed forces.
Any person,
				their spouse or dependent child, not otherwise entitled to claim residence, who
				is a member of the armed forces of the United States or armed forces of a
				foreign country assigned to active duty in the state of New Mexico, will be
				assessed in-state tuition rates.
(1)
				Assignment to active duty within New Mexico must be certified by the military
				person's commanding officer upon the student's initial enrollment. Such
				students may continue paying resident rates for as long as they attend
				consecutive semesters at the same institution.
(2) A spouse or child of a veteran of the
				armed forces is entitled to pay tuition and fees at the rate provided for New
				Mexico residents; provided that spouse or child is eligible for benefits
				pursuant to the federal Post-9/11 Veterans Educational Assistance Act of 2008
				or any other federal law authorizing educational benefits for a veteran and the
				dependents of a veteran.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 18 - RESIDENCY FOR TUITION PURPOSES › Section 5.7.18.11 - STUDENT EXCHANGE PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
programs established under the auspices of the western
				  interstate commission on higher education (WICHE). Participating students may
				  not begin to establish residency (i.e., 12-month durational requirement) until
				  discontinuing from such a program.
A.
				Western undergraduate exchange (WUE). Institutions must apply to the WICHE to
				participate in the WUE program where students in western states may enroll in
				many two-year and four-year college programs at a reduced tuition level, which
				is 150 percent of the institution's regular resident tuition
B. Western regional graduate program (WRGP).
				Residents of Alaska, Arizona, Colorado, Hawaii, Idaho, Montana, Nevada, New
				Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming are
				eligible to enroll in available graduate programs outside of their home state
				at resident tuition rates. Students need not meet financial aid criteria. To be
				included in WRGP, programs must meet the criteria of distinctiveness and
				quality. Programs are nominated by their institutions, peer reviewed by other
				graduate institutions in the west, and approved biannually by the student
				exchange program advisory council, a policy body that represents all
				participating states.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 18 - RESIDENCY FOR TUITION PURPOSES › Section 5.7.18.12 - ADMINISTRATION OF POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				higher education department shall:
(1)
				publish, disseminate, and distribute pamphlets on residency determination; the
				department assumes responsibility for the publishing, printing, distribution of
				the residency pamphlets, and other related printed matter;
(2) develop a standard "petition for change
				in residency classification;" this standardization petition form for residency
				for tuition purposes shall be utilized by all postsecondary institutions;
				similarly, all applications for admission shall require standardized
				information for the initial residency determination;
(3) convene an annual meeting to review
				residency issues; classification officers shall meet at least annually to
				review and discuss residency cases in order to assure uniformity and fairness
				in residency determination;
(4)
				conduct audits to ascertain compliance with policy; at least a random audit of
				each postsecondary institution's residency decisions shall take place on an
				annual basis by members of the department staff;
(5) annually prepare and disseminate a report
				of the number and type of exceptions granted, by institution; the report shall
				include exceptions granted to both U.S. citizens and foreign
				nationals.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 19 - REDUCED TUITION FOR SENIOR CITIZENS › Section 5.7.19.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5.7.19 NMAC apply to any public post-secondary
				  degree-granting educational institution in New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 19 - REDUCED TUITION FOR SENIOR CITIZENS › Section 5.7.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  21-21D-1
				  through
				  21-21D-5, NMSA
				  1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 19 - REDUCED TUITION FOR SENIOR CITIZENS › Section 5.7.19.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 15, 1998, unless a later date is cited at the end of
				  section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 19 - REDUCED TUITION FOR SENIOR CITIZENS › Section 5.7.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective and purpose of 5.7.19 NMAC is to provide a
				  guideline for implementing the Senior Citizens Reduced Tuition Act . The
				  purpose of the act is to provide educational opportunities for senior citizens
				  in New Mexico. Each public post-secondary degree-granting institution in New
				  Mexico must grant a reduction in tuition to senior citizens upon request by the
				  student. The charge will be $5 per credit hour for up to 10 hours per
				  semester.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 19 - REDUCED TUITION FOR SENIOR CITIZENS › Section 5.7.19.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Act"
means the Senior Citizens Reduced Tuition Act .
B.
"Credit course"
means a
				course that can be applied toward the completion of a degree.
C.
"Department"
means the New
				Mexico higher education department.
D.
"Eligible institution"
means
				any public post-secondary degree-granting educational institution in New
				Mexico.
E.
"Full-time
				equivalent credit"
means credit in courses which are included in the
				department's formula for funding purposes.
F.
"Non-credit courses"
means
				courses which cannot be applied toward completion of a degree.
G.
"Senior citizen"
means a
				person who has reached the sixty-fifth birthday by the third Friday of classes
				(by the census date).
H.
"Space available"
means that the maximum number of students in a
				class has not been reached by the end of the first day of registration,
				therefore providing room for enrollees.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 19 - REDUCED TUITION FOR SENIOR CITIZENS › Section 5.7.19.8 - ELIGIBILITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In order to be eligible for the reduction in tuition which
				  is stipulated in the act, students shall:
A. request the reduction in
				tuition;
B. demonstrate evidence
				that they have met the age required;
C. be a resident of New Mexico according to
				existing criteria for residency for tuition purposes set by the department in
				5.7.18 NMAC;
D. be enrolled at an
				eligible institution for credit or noncredit courses offered either on or off
				campus ;
E. meet all course
				prerequisites;
F. pay for any
				course specific fees, including extraordinary course fees in continuing
				education programs; and
G. enroll
				in a course in which there is space available.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 19 - REDUCED TUITION FOR SENIOR CITIZENS › Section 5.7.19.9 - ADMINISTRATION OF PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Institutions must allow students to register under provisions of this act if
				there is space available.
B. If a
				minimum number of students is required by the institution to offer a class,
				students registered under this act may not be counted toward the
				minimum.
C. Students enrolling
				under provisions of this act are eligible for all grading options for the same
				courses, including audit, as permitted by the institution.
D. Students are required to comply with all
				rules and regulations of the institution related to registration, withdrawal
				from courses, transaction deadlines, academic performance and
				decorum.
E. Students enrolled under
				this act are entitled to all rights and privileges afforded all students
				including receipt of an I.D. card, use of library, and access to other campus
				facilities in accordance with institutional regulations affecting all
				students.
F. No full-time
				equivalent credit may be given to the institutions by the department for any
				courses taken by students under the provision of this act.
G. Institutions must exclude student credit
				hours registered under this act from enrollment reports to the
				department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 20 - LEGISLATIVE LOTTERY SCHOLARSHIP PROGRAM › Section 5.7.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5.7.20 NMAC apply to all state public
				  post-secondary institutions and tribal colleges in the state of New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 20 - LEGISLATIVE LOTTERY SCHOLARSHIP PROGRAM › Section 5.7.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 6-24-1 et seq. NMSA 1978 and Sections 21-21N-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 20 - LEGISLATIVE LOTTERY SCHOLARSHIP PROGRAM › Section 5.7.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 25, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 20 - LEGISLATIVE LOTTERY SCHOLARSHIP PROGRAM › Section 5.7.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				5.7.20 NMAC is to provide a level of financial support to qualified New Mexico
				students who are enrolled full-time at an eligible New Mexico public
				post-secondary educational institution or tribal college. This level of
				financial support is intended to help defray the cost of tuition at the public
				post-secondary educational institution or tribal college where the student is
				enrolled.
B. A further purpose of
				5.7.20 NMAC is to encourage New Mexico high school students who pursue a
				post-secondary education in New Mexico to complete a first four-year degree
				within a maximum of eight semesters or two-year degree within a maximum of four
				semesters (the number of semesters is so determined as the initial award is not
				made until the second semester of college enrollment and shall not include
				summer semesters; provided that in no case shall the award fund more than three
				summer semesters).
C. As it applies
				to students with disabilities who may require special accommodations, the
				department, in consultation with the student and the office at the public
				post-secondary educational institution that serves students with disabilities,
				shall review both the definition of "full-time" and the maximum number of
				consecutive semesters of eligibility and adjust either or both as deemed
				reasonable and appropriate, based on the student's disability needs. In no case
				shall "full-time" mean fewer than six credit hours per semester during the fall
				and spring semesters or three credit hours per summer semester, if attending,
				and in no case shall eligibility extend beyond 14 consecutive program semesters
				at a four-year institution and seven consecutive program semesters at a
				two-year institution. If a New Mexico resident had to leave the state to
				receive an education pursuant to the federal Individuals with Disabilities
				Education Act the student shall be eligible for the scholarship if they
				graduated from an accredited high school in another state and otherwise met the
				qualifications for a legislative lottery scholarship pursuant to the definition
				of a qualified student in Subsection N of
				5.7.20.7 NMAC.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 20 - LEGISLATIVE LOTTERY SCHOLARSHIP PROGRAM › Section 5.7.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Academic
				year"
means a consecutive period of three semesters to include fall,
				spring and summer.
B.
"Accelerated program"
means one in which a summer semester is a
				program requirement and not a student choice; a cohort that requires sequence
				of courses taken in summer semester.
C.
"Community college"
means a
				branch community college of a four-year state educational institution, a
				two-year state educational institution or a community college or technical and
				vocational institute established pursuant to Chapter 21, Article 13 or 16 NMSA
				1978, respectively.
D.
"Comprehensive institution"
means eastern New Mexico university,
				New Mexico highlands university, northern New Mexico college or western New
				Mexico university.
E.
"Consortium"
means a written agreement between a home institution
				and one or more host institutions for consideration of combined enrollment for
				eligibility:
(1) home institution is the
				institution where the student is enrolled in a degree or certificate seeking
				program and is receiving lottery scholarship funds;
(2) host institution is the secondary
				institution where the student is taking part of their program
				requirements.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 20 - LEGISLATIVE LOTTERY SCHOLARSHIP PROGRAM › Section 5.7.20.8 - INITIAL ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				scholarship may be awarded to a student in their second semester who has met
				first semester eligibility requirements as follows:
(1) has established and maintained New Mexico
				residency as defined in
				5.7.18.9 NMAC or is eligible for a
				nondiscrimination waiver as defined in Subsection K of
				5.7.18.10 NMAC. All residency
				requirements must be met upon completion of high school, graduation, or receipt
				of a high school equivalency credential recognized by the State of New
				Mexico;
(2) has been determined to
				be a qualified student pursuant to Subsection N of
				5.7.20.7 NMAC;
(3) has enrolled in no fewer than twelve
				credit hours in the fall and spring semesters and between three and nine credit
				hours for summer semesters; provided that the student is not required to attend
				summer semesters to maintain eligibility unless required as part of an
				accelerated program; and further provided that during a summer semester the
				student may enroll in more than nine credit hours but the legislative lottery
				scholarship shall be capped at the tuition charged for nine credit hours;
				and
(4) has met requirements in
				Paragraphs (1) through (3) of Subsection A of
				5.7.20.8 NMAC or students with
				exceptional mitigating circumstances as determined by the institution's lead
				financial aid officer; students who are incapable of meeting the requirements
				specified in Paragraphs (1) through (3) of Subsection A of
				5.7.20.8 NMAC due to a documented
				exceptional mitigating circumstance do not forfeit eligibility for the
				legislative lottery scholarship; however, the following requirements shall
				apply:
(a) the student shall provide documents
				certifying the nature of the students exceptional mitigating circumstance to
				the institution's lead financial aid officer at the post-secondary educational
				institution at which the student is enrolling or will enroll; the institution's
				lead financial aid officer shall exercise professional judgment to determine
				whether the exceptional mitigating circumstance is beyond the student's control
				and precludes the student from meeting the requirements specified in Paragraphs
				(1) through (3) of Subsection A of
				5.7.20.8 NMAC; and
(b) if, in the professional judgment of the
				institution's lead financial aid officer, the student's exceptional mitigating
				circumstance is recognized as a valid reason for the student's inability to
				meet the requirements specified in Paragraphs (1) through (3) of Subsection A
				of 5.7.20.8 NMAC the student's initial
				eligibility for the legislative lottery scholarship shall be suspended or
				deferred unless and until such time that the student is capable of meeting the
				requirements of Paragraph (4) of Subsection A of
				5.7.20.8 NMAC.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 20 - LEGISLATIVE LOTTERY SCHOLARSHIP PROGRAM › Section 5.7.20.9 - CONTINUING ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Upon satisfaction of the qualifying semester eligibility
				  requirements, the scholarship will be awarded to the student beginning with
				  their second semester of enrollment. A student's continuing eligibility shall
				  be determined on a semester basis. A legislative lottery scholarship award may
				  be re-awarded to a student who:
A.
				maintains a minimum of a 2.5 cumulative GPA on a 4.0 scale; provided that a
				student may request use of the student's cumulative GPA earned at all New
				Mexico public post-secondary educational institutions and tribal
				colleges;
B. successfully completes
				thirty credit hours within the academic year if attending a four-year public
				post-secondary educational institution or a tribal college. The credit hours
				may be apportioned among fall, spring and summer semesters, with no fewer than
				twelve credit hours in the fall and spring semesters and between three and nine
				credit hours for summer semesters; provided that a student is not required to
				attend summer semesters to maintain eligibility unless required as part of an
				accelerated program; and further provided that the student satisfies the credit
				hour requirement for the academic year; and further provided that credit-hour
				limits do not apply to the last semester before graduation; or
C. successfully completes twenty-four credit
				hours within the academic year if attending a two-year public post-secondary
				educational institution. The credit hours may be apportioned among fall, spring
				and summer semesters, with no fewer than nine credit hours in the fall and
				spring semesters and between three and nine credit hours for summer semesters;
				provided that:
(1) a student is not required
				to attend summer semesters to maintain eligibility unless required as part of
				an accelerated program; provided that the student satisfies the credit hour
				requirement for the academic year; and further provided that credit-hour limits
				do not apply to the last semester before graduation; and
(2) upon transferring from a two-year public
				post-secondary educational institution to a four-year public post-secondary
				educational institution or a tribal college at the start of a fall of spring
				semester the student has started a new academic year. The following conditions
				apply for students transferring the scholarship:
(a) a transfer transcript is required for
				continuation.
(b) student transfers
				shall defer to the receiving institution to determine continued eligibility;
				and
(c) an eligible student that
				transfers shall continue to be eligible at the receiving institution after
				receipt of the student's transfer transcript containing eligibility
				confirmation; and
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 20 - LEGISLATIVE LOTTERY SCHOLARSHIP PROGRAM › Section 5.7.20.10 - PROBATION

Current through Register Vol. 35, No. 13, July 16, 2024
Students who have been determined eligible and subsequently
				  have exceptional mitigating circumstances as determined by the institution's
				  lead financial aid officer may be placed on a probationary status under the
				  following conditions:
A. the student
				shall provide documents certifying the nature of their exceptional mitigating
				circumstance to the lead financial aid officer at the post-secondary
				institution at which the student is enrolling or will enroll;
B. the lead financial aid officer shall
				exercise professional judgment to determine whether the exceptional mitigating
				circumstance is beyond the student's control and precludes the student from
				meeting the requirements specified in Paragraph (4) of Subsection A of
				5.7.20.8 NMAC; and
C. a student may receive scholarship funding
				while on probationary status, however under no circumstances shall the student
				receive program awards in excess of those prescribed in Subsections A and B of
				5.7.20.11 NMAC.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 20 - LEGISLATIVE LOTTERY SCHOLARSHIP PROGRAM › Section 5.7.20.12 - AMOUNT OF SCHOLARSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A. To the
				extent that funds are made available from the fund, the board of regents or
				governing bodies of public post-secondary educational institutions and tribal
				colleges shall award legislative lottery scholarships in department-approved
				amounts to qualified students.
B.
				In no case shall a student receive a legislative lottery scholarship award
				exceeding the total amount of tuition charged to the student by the institution
				for a maximum of 18 credit hours per fall or spring semester or nine credit
				hours for a summer semester.
C.
				Qualified students in their graduating semester shall receive a legislative
				lottery scholarship proportional to the number of credit hours required to
				graduate.
D. If the fund does not
				cover full legislative lottery scholarships, the method the department will use
				for calculating the legislative lottery scholarship is as follows:
(1) estimate the total amount available in
				the lottery tuition fund, based on past lottery fund transfers, current year
				balances and additional funds made available through legislation;
(2) estimate the number of lottery
				scholarship recipients for each institution, based on department endorsed
				institutional projections;
(3)
				calculate the legislative lottery scholarship for each sector (research,
				comprehensive and community college) and tribal college in accordance with
				Section 21-21N-4 NMSA 1978;
(4)
				calculate the total amount needed to pay full tuition to all estimated
				recipients;
(5) compute an award
				for each scholarship recipient; and
(6) notify institutions.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 20 - LEGISLATIVE LOTTERY SCHOLARSHIP PROGRAM › Section 5.7.20.14 - TERMINATION OF SCHOLARSHIPS

Current through Register Vol. 35, No. 13, July 16, 2024
A scholarship is terminated upon noncompliance by the award
				  recipient with the legislative lottery scholarship rules, regulations or
				  procedures as promulgated by the department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico Commission on Higher Education, 1068
				  Cerrillos Road, Santa Fe, New Mexico 87501-4295, (505)
				  827-7383.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5 NMAC 7.21 [now 5.7.21 NMAC] apply to the
				  commission on higher education and all eligible student
				  participants.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  21-29-1 to
				  21-29-6,
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 1997 [unless a later date is cited at the end
				  of a section].
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective and purpose of 5 NMAC 7.21 [now 5.7.21 NMAC] is
				  to make educational loans available to students wishing to participate in
				  student exchange and enroll at an out-of-state university. The act requires, as
				  a condition of each loan, that the student declare his or her intent to return
				  to New Mexico upon degree completion and practice in their licensed or chosen
				  field.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Commission"
				means the New Mexico commission on higher education.
B. "Eligible institution" means an
				out-of-state institution participating in WICHE PSEP or an approved an
				out-of-region contract;
C.
				"Eligible profession" means a professional field not offered at a New Mexico
				public post-secondary institution; a program available through the WICHE
				compact; and a program that the WICHE commissioners have chosen to make
				available for eligible students;
D.
				"Extenuating circumstances" means circumstances not within the control of the
				student recipient.
E. "Loan" means
				a grant of funds to defray the costs incidental to an eligible profession
				education, under a contract between the commission and a student, requiring
				repayment with services or repayment of principal and interest, penalties, and
				any fees;
F. "Program" means the
				WICHE loan-for-service program;
G.
				"Service" means full-time, on-site practice in an eligible profession; unless
				otherwise provided for by the WICHE commissioners;
H. "Student" means a New Mexico resident who
				graduates from a New Mexico high school or has resided in New Mexico for three
				consecutive years immediately preceding application to the program and who
				attends or is about to attend a graduate or professional program of education
				through the auspices of the compact for western regional cooperation for higher
				education; and, has been accepted by an accredited program for one of the
				eligible professions (Pursuant to NM Constitution, this clause is effective May
				20, 1998);
I. "WICHE commissioners"
				means the three individuals designated by the New Mexico governor to be
				representatives of the state to the WICHE commission; and
J. "WICHE PSEP" means the western interstate
				commission on higher education's professional student exchange
				program;
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.8 - STUDENT ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A scholarship may be awarded to a New Mexico resident
				  who:
A. is a citizen of the United
				States or a permanent resident alien and resident of New Mexico;
B. is a graduate of a New Mexico high
				school;
C. is enrolled in or
				accepted by an eligible institution;
D. is enrolled, at the time the loan is
				awarded and disbursed, for at least half-time in a program leading to a
				eligible profession degree/certification, at an eligible institution;
				and
E. declares his/her intent to
				practice in an eligible profession for at least one year in New
				Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.9 - SELECTION OF LOAN RECIPIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Selection shall be based on the following considerations and
				  preferences:
A. the ability,
				character, and qualifications of each applicant. This is to include a review of
				the applicants educational transcripts, letters of recommendation and
				references;
B. the demonstrated
				intent of the applicant to return to the state and practice in their eligible
				profession;
C. the academic ranking
				as determined by the eligible institution upon admission; and
D. the degree being sought by the applicant
				is deemed necessary to address the workforce needs of the population in New
				Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.10 - ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
The commission shall be responsible for:
A. developing program guidelines;
B. advertising the program;
C. processing applications and presenting a
				list of eligible candidates to the WICHE commissioners;
D. administering loans, including:
(1) disbursing funds;
(2) keeping records on borrowers and
				processing of contracts;
(3)
				administering and keeping record on loan repayments;
(4) maintaining records of location and time
				of service of those student loan recipients who have completed their education
				and are providing service in New Mexico;
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.11 - LOANS

Current through Register Vol. 35, No. 13, July 16, 2024
Loans can be made to students to defray expenses incurred in
				  obtaining an eligible profession education under the following conditions and
				  limitations:
A. the amount of the loan
				shall not exceed the amount equivalent to the negotiated support fee for the
				graduate or professional program; and
B. upon approval of the loan, a contract
				shall be drawn between the student and the commission and signed by the
				student.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.12 - LOAN REPAYMENT AND FORGIVENESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All loans shall be repaid to the state
				together with interest or forgiven according to the following:
(1) If a program loan recipient completes
				his/her professional education and does not provide service in New Mexico for a
				period of at least one year, the commission may assess a penalty of up to three
				times the principal due, plus eighteen percent interest, unless the WICHE
				commissioners find acceptable extenuating circumstances for why the student
				cannot serve and comply with the forgiveness provisions outlined in this
				section.
(a) The full penalty shall apply
				unless the circumstances reflect that the penalty should be reduced on a
				prorata basis reasonably reached based upon the degree of control which the
				recipient has over the decision not to serve. The recipient shall have the
				burden of proof.
(b) If the WICHE
				commissioners do not find acceptable extenuating circumstances for the
				student's failure to carry out his/her declared intent to provide service in
				New Mexico, the commission shall require immediate repayment of the unpaid
				principal amount of the loan plus accrued interest owed plus the amount of any
				penalty assessed pursuant to this section
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.13 - CONTRACT

Current through Register Vol. 35, No. 13, July 16, 2024
A contract shall be drawn between each student receiving a
				  loan and the commission on behalf of the state of New Mexico. The contract
				  shall:
A. provide for the payment by
				the commission of a specified sum as determined in Section 12 [now 5.7.21.12
				NMAC];
B. state that the borrower
				shall return to New Mexico, upon degree completion, to begin service;
C. state that immediately upon completion or
				termination of the student's eligible profession education, all interest then
				accrued shall be capitalized;
D.
				state the conditions of repayment or forgiveness as detailed in Section 12 [now
				5.7.21.12 NMAC];
E. state that the
				loan shall bear interest at the designated rate per annum from the date of
				disbursement until paid, make provision for conversion to a payout note as
				shown in Section 12 [now 5.7.21.12 NMAC], and state that interest will be
				charged on the unpaid balance of the principal only;
F. state the legal responsibilities of the
				borrower and that delinquent loans shall be reviewed for appropriate action,
				which may include referral to the office of the attorney general, if deemed
				necessary;
G. state that the
				commission may cancel a contract with a student for reasonable cause deemed
				sufficient by the WICHE commissioners;
H. state that in the event the borrower fails
				to make any payment when due, the entire indebtedness including interest due
				and accrued thereon shall, at the option of the commission, become immediately
				due and payable; and
I. state that
				jurisdiction and venue shall be proper in Bernalillo or Santa Fe county, New
				Mexico for purposes of any suit to enforce the contract.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 21 - WICHE LOAN-FOR-SERVICE PROGRAM › Section 5.7.21.14 - REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
The commission shall submit a report to the governor and the
				  legislature prior to each regular legislative session. The report shall
				  describe the activities during the previous years, including the
				  statistics.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 24 - EDUCATIONAL LOAN PURCHASE PROGRAM REGULATIONS › Section 5.7.24.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations shall be of application to those activities
				  of the foundation undertaken by it in connection with the
				  program.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 24 - EDUCATIONAL LOAN PURCHASE PROGRAM REGULATIONS › Section 5.7.24.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
[Filed December 11, 1992] The effective date of these
				  regulations shall be December 10, 1992.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 24 - EDUCATIONAL LOAN PURCHASE PROGRAM REGULATIONS › Section 5.7.24.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Terms:
A. "Bank"
				shall mean the bank providing a letter of credit under a letter of credit
				agreement applicable to a particular indenture.
B. "Bonds" shall mean the bonds issued by the
				foundation under the terms of the indenture applicable to a loan purchase
				agreement.
C. "Certificate of
				insurance" shall mean a certificate of federal loan insurance issued with
				respect to an eligible loan by the secretary of education pursuant to the
				provisions of the higher education.
D. "Contract of insurance" shall mean an
				agreement between the secretary of education and the foundation or the lender
				providing for insurance with respect to student loans under the
				program.
E. "Educational Assistance
				Act" shall mean the New Mexico Educational Assistance Act, codified as Sections
				21-21A-1
				to
				21-21A-23,
				New Mexico Statutes Annotated, 1978, as amended and supplemented.
F. "Eligible borrower" shall mean a student,
				parent or other borrower who is eligible under the Educational Assistance Act
				to be the obligor of a loan for financing a program of post-secondary
				education.
G. "Eligible
				institution" shall mean an "eligible institution" as defined under the Higher
				Education Act which is a "participating school" within the meaning of the
				Higher Education Act.
H. "Eligible
				loan" shall mean a student loan which:
(1) has
				been or will be made to an eligible borrower for the post-secondary education
				of:
(a) a resident of the state attending a
				post-secondary school located within or without the state, or
(b) a resident of a state other than the
				state attending a post-secondary school located within the state;
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 24 - EDUCATIONAL LOAN PURCHASE PROGRAM REGULATIONS › Section 5.7.24.8 - REINVESTMENT OF LOAN PURCHASE PROCEEDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For eligible loans originated prior to the
				date of a loan purchase agreement and which are to be sold to the foundation
				pursuant to such loan purchase agreement, the lender must certify and agree, as
				an inducement and a condition of the purchase of such eligible loans by the
				foundation, that the lender, within a reasonable time from receipt of the
				proceeds of such purchase by the foundation shall originate new student loans
				in a manner and subject to the conditions specified in these
				regulations.
B. For eligible loans
				originated after the date of a loan purchase agreement, and which are to be
				sold to the foundation pursuant to such loan purchase agreement, the
				requirements of paragraph 2.01 [now Subsection A of 5.7.24.8 NMAC] shall not
				apply.
C. If the lender shall fail
				to satisfy its reinvestment obligation under paragraph 2.01 [now Subsection A
				of 5.7.24.8 NMAC], the foundation may assert such rights and take such other
				action, in law or equity, as it may deem appropriate to insure that interest
				payable on the notes or bonds or other obligations issued by the foundation to
				capitalize the purchase of eligible loans or meet other expenses of the
				foundation does not, if such notes or bonds or other obligations were issued
				with the intention that they be federally tax-exempt, become taxable, including
				requiring that the lender repurchase, eligible loans from the foundation in an
				aggregate principal amount equal to the amount of the reinvestment obligation
				not satisfied.
D. In fulfilling its
				obligations under paragraph 2.01 [now Subsection A of 5.7.24.8 NMAC] a lender
				shall:
(1) make available loan applications
				and other documentation, together with qualified loan personnel, at locations
				reasonably accessible to eligible borrowers, and
(2) undertake promotional activities to
				publicize the availability of student loans.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 24 - EDUCATIONAL LOAN PURCHASE PROGRAM REGULATIONS › Section 5.7.24.9 - PURCHASE OF NOTES OR BONDS

Current through Register Vol. 35, No. 13, July 16, 2024
Any persons (or any related person, as defined in Section 147
				  (a) (2) of the Internal Revenue Code of 1986, as amended), from whom the
				  foundation may, under the program, acquire student loans shall not, pursuant to
				  any arrangement, formal or informal, purchase bonds, notes or obligations of
				  the foundation, if such notes or bonds or other obligations were issued with
				  the intention that they be federally tax-exempt, in an amount related to the
				  amount of the student loans to be acquired under the program from such person
				  by the foundation.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 24 - EDUCATIONAL LOAN PURCHASE PROGRAM REGULATIONS › Section 5.7.24.10 - SERVICING OF LOANS

Current through Register Vol. 35, No. 13, July 16, 2024
Student loans purchased by the foundation shall be serviced
				  by the foundation or on behalf of the foundation by a servicer in accordance
				  with such procedures as may be approved by the foundation from time to
				  time.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 24 - EDUCATIONAL LOAN PURCHASE PROGRAM REGULATIONS › Section 5.7.24.11 - MAXIMUM STUDENT LOAN AMOUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
The maximum amount of student loans permitted for an eligible
				  borrower shall be determined in accordance with the Higher Education
				  Act.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 24 - EDUCATIONAL LOAN PURCHASE PROGRAM REGULATIONS › Section 5.7.24.12 - INFORMATION TO BE PROVIDED BY LENDERS TO ELIGIBLE BORROWERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the time a
				lender makes an eligible loan to an eligible borrower the lender shall provide
				thorough and accurate loan information to the eligible borrower as required by
				the Higher Education Act and the guarantee corporation, which shall include:
(1) the yearly and cumulative maximum amounts
				that may be borrowed by an eligible borrower;
(2) the terms on which repayment will
				begin;
(3) the maximum number of
				years in which the eligible loan must be repaid;
(4) the interest rate that will be repaid,
				and the maximum amount of required monthly payments;
(5) any special options that an eligible
				borrower may have for deferral, cancellation, prepayment, consolidation, or
				other refinancing of the eligible loan;
(6) a definition of default and the
				consequences to the eligible borrower if the eligible borrower should default,
				including a description of any arrangement made with credit bureau
				organizations; and
(7) to the
				extent practicable, the effect of accepting the eligible loan on the
				eligibility of the eligible borrower for other forms of student
				assistance.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 24 - EDUCATIONAL LOAN PURCHASE PROGRAM REGULATIONS › Section 5.7.24.13 - REVISIONS IN REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations shall be subject to amendment, modification
				  and revision from time to time to conform the same to the provision of the
				  Higher Education Act or for any other purpose. If any such amendment,
				  modification or revision will materially adversely affect the rights of a
				  lender pursuant to a loan purchase agreement which is then in effect or the
				  rights of the holders of then outstanding bonds, such amendment, modification
				  or revision will not be effective with regard to such loan purchase agreements
				  or the holders of such bonds.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 25 - TAX REFUND INTERCEPT PROGRAM REGULATIONS › Section 5.7.25.8 - SUBMITTING REQUESTS TO THE TAXATION AND REVENUE DIVISION ("TRD")

Current through Register Vol. 35, No. 13, July 16, 2024
A. Eligible
				accounts: Requests for collection by refund offset may be made by the
				foundation to enforce repayment of educational loan debts pursuant to the Tax
				Refund Intercept Program Act, Laws 1985 Ch. 106, Sec. 1, et seq., as amended by
				Laws 1987, Ch. 125 Sec. 1 et seq.
B. Criteria for submittal: Debts must meet
				the following requirements to be eligible for the tax refund offset process:
(1) the debt must be a loan for educational
				purposes;
(2) the debt must be
				equal to or more than $150.00;
(3)
				the debt must be:
(a) owned by the foundation
				or the New Mexico student loan guarantee corporation; or
(b) guaranteed by the guarantee corporation,
				or
(c) owned by a publicly owned or
				operated institution of higher education or other publicly owned or operated
				post-secondary educational facility located within the state of New Mexico,
				provided that the foundation has lawfully contracted to collect the debt;
				and
(4) the debt must
				have been reduced to judgment.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 25 - TAX REFUND INTERCEPT PROGRAM REGULATIONS › Section 5.7.25.9 - NOTICE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notice
				to debtor: Within ten days after the foundation receives notice from TRD of a
				match of an offset request the foundation shall send a notice to the affected
				debtor substantially in the form of the attached Exhibit A [now 5.7.25.14
				NMAC]. The notice will inform the debtor of the following:
(1) that a transfer of the refund will be
				made and that the foundation intends to offset the amount of the transfer
				against a claimed judgment balance owed by the debtor;
(2) the amount of the claimed judgment
				balance and that the judgment arose from an educational loan;
(3) the name, address and telephone number of
				the foundation;
(4) the amount of
				the refund to be offset against the claimed judgment balance;
(5) that the debtor has 30 days from the date
				of the notice to contest the offset by applying to the foundation for a hearing
				with respect to the validity of the judgment balance asserted by the
				foundation; and
(6) that failure by
				the debtor to apply for a hearing within 30 days will be deemed a waiver of the
				opportunity to contest the offset and to a hearing.