reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 11, 2018, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 5.3.11 NMAC is to:
A. establish regulations and procedures for
				the fiscal oversight of institutions designated in Article 12, Section 11 of
				the Constitution of New Mexico and any other public higher education
				institutions operating within and receiving financial support from the state of
				New Mexico;
B. develop a system
				that measures, monitors, and verifies the fiscal health of institutions and
				ensures governing boards continually monitor the overall fiscal health of their
				institutions;
C. provide fiscal
				oversight of institutions through accountability reporting; and
D. establish procedures to redress problems
				of finance or poor fiscal health of institutions through use of the enhanced
				fiscal oversight program (EFOP).
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Accrediting agency"
means an accrediting agency recognized by the
				United States department of education that has issued an accreditation status
				to the institution.
B.
"Attorney general"
means the New Mexico office of the attorney
				general.
C.
"Board"
or
"Governing Board"
means the board of an institution, charged by
				law with determining financial policy and providing the management and control
				to implement the financial policies at the institution. In the case of branch
				community colleges, means both the board of regents and the advisory board of
				the institution.
D.
"Department"
means the New Mexico higher education
				department.
E.
"EFOP"
means the enhanced fiscal oversight program.
F.
"Higher education
				institution"
or
"Institution"
means a public post-secondary
				higher education institution operating within and receiving financial support
				from the state of New Mexico.
G.
"IPA"
means an independent public accountant.
H.
"OSA"
means the New Mexico
				office of the state auditor.
I.
"Risk factor"
or
"risk factors"
means the factors
				outlined in Paragraphs 1 through 24 of Subsection A of 5.3.11.9 NMAC, to be
				utilized by the department to detect potential problems of finance and to
				evaluate fiscal health of institutions, pursuant to 5.3.11.9 NMAC.
J.
"Substantial mitigation"
or
"substantially mitigate"
or
"substantially mitigated"
means significant remedial action to address any risk factor(s) and
				demonstrable evidence that the risk factor(s) will be eliminated within 90
				days.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.8 - STANDARD REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Institutions shall file financial reports
				in accordance with deadlines set by the department, pursuant to a schedule
				published by the department. The department shall make the published reporting
				schedule available on its website.
B. Institutions shall submit all requested
				documentation to the department in the manner requested by the department,
				utilizing any applicable forms.
C.
				The department may request any additional supporting documentation to verify an
				institution's required submission.
D. Institutions designated by the department
				to participate in the EFOP shall continue to comply with standard reporting
				requirements as well as EFOP reporting requirements.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.10 - ENHANCED FISCAL OVERSIGHT PROGRAM OVERVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
The EFOP is administered by the department for institutions
				  found to exhibit risk factors indicating potential problems of finance. An
				  institution assigned by the department to participate in the EFOP will be
				  considered by the department to be on EFOP status until the institution
				  satisfactorily completes all conditions of EFOP, as determined by the
				  department. The program will establish reporting requirements for the
				  institution, increased monitoring and verification by the department, and
				  establish a systematic approach to substantially mitigate or eliminate
				  institutional risk factors.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.11 - NOTICE OF CONTEMPLATED EFOP STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
If in its evaluation of fiscal health the department
				  determines that potential problems of finance exist within the institution, the
				  department shall issue notice of contemplated EFOP status to the institution.
				  The notice shall indicate the risk factor(s) identified by the department that
				  provide the basis of the contemplated EFOP status. Notice of contemplated EFOP
				  status shall be sent via certified mail to the president of the institution,
				  the chair of the governing board, and the chief financial officer of the
				  institution.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.12 - INITIAL MEETING

Current through Register Vol. 35, No. 13, July 16, 2024
The institution shall schedule an initial meeting with the
				  department within 30 days of issuance of notice of contemplated EFOP status.
				  Representatives from the institution in attendance at the initial meeting shall
				  include the president of the institution, the chair of the governing board, and
				  the chief financial officer of the institution. Representatives from the
				  department in attendance at the initial meeting shall include the department
				  cabinet secretary and designated department staff. During the initial meeting,
				  the department shall make available the reports or documents utilized in
				  identifying the risk factor(s) that served as the basis of the contemplated
				  EFOP status. The institution may provide additional documentation or
				  information during the initial meeting, to be considered by the department. Any
				  documentation or information provided by the institution shall be considered
				  when determining whether the institution shall be placed on EFOP status. The
				  department shall consider information provided by the institution that
				  demonstrates the risk factor or risk factors have already been remedied or the
				  likelihood that the institution can quickly redress the risk factor(s) to
				  mitigate financial impact to the institution.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.13 - NOTICE OF EFOP STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
Within 15 days of the initial meeting, the department shall
				  issue notice regarding its decision of whether the institution will be placed
				  on EFOP status to the president of the institution, the chair of the governing
				  board, and the chief financial officer of the institution via certified
				  mail.
A. If the department determines
				that the institution demonstrated the substantial mitigation or elimination of
				the risk factor(s) that led to the notice of contemplated EFOP status at the
				initial meeting, the department shall send notice to the institution stating as
				such and withdraw the notice of contemplated EFOP status.
B. If the department determines that the risk
				factor(s) which led to the notice of contemplated EFOP status have not been
				substantially mitigated or eliminated and potential problems of finance
				continue to exist within the institution, the department shall issue notice of
				EFOP status to the institution. If notice of EFOP status is issued, the
				department shall also issue notice of the EFOP status to:
(1) the legislative finance
				committee;
(2) any accrediting
				agency of the institution;
(3) the
				department of finance and administration; and
(4) other entities, as determined by the
				department, that may be concerned with any identified risk factor(s).
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.14 - CORRECTIVE ACTION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				institution shall submit to the department a corrective action plan to redress
				the risk factor(s) identified in the notice of EFOP status, within 30 days of
				the department's issuance of notice of EFOP status.
B. The institution may consult with the
				department in developing its corrective action plan. The institution is
				strongly encouraged to engage in discussions with the department during the
				development of a corrective action plan designed to substantially mitigate or
				eliminate the risk factor(s).
C.
				After receipt of the corrective action plan, the department may either accept
				the plan as proposed, request additional information to accompany the plan, or
				reject the plan as proposed. If the department rejects the plan as proposed,
				the department shall issue its reasoning in writing to the institution. If the
				initial plan is rejected, the institution shall submit a new or revised plan
				within 15 days of issuance of the rejection. The corrective action plan
				proposed by the institution shall focus on actions which will rapidly address
				and substantially mitigate or eliminate the risk factor(s) and must:
(1) identify responsible representatives of
				the institution that will regularly communicate with the department while the
				institution is on EFOP status;
(2)
				establish a clear timeline and deadlines to complete proposed action steps to
				resolve the risk factor(s) that prompted EFOP status;
(3) provide a description of the efforts or
				initiatives proposed to address the risk factor(s) that prompted EFOP status;
				and
(4) provide analysis of how the
				proposed efforts or initiatives will resolve the risk factor(s) that prompted
				EFOP status.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.15 - EFOP REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				institution placed on EFOP status shall provide periodic financial reports, as
				determined by the department, in accordance with deadlines set by the
				department.
B. The department shall
				establish additional financial reporting requirements for an institution placed
				on EFOP status. The department shall establish a timeline and deadlines for
				institutional reporting. In establishing the reporting requirements for an
				institution on EFOP status, the department shall consider the risk factor(s)
				exhibited by the institution and request reports that will help the department
				monitor institutional progress to complete its corrective action
				plan.
C. All reports requested by
				the department shall be prepared pursuant to generally accepted accounting
				principles. The department may require the institution to submit one or more of
				the following reports, on dates set by the department:
(1) year-to-date revenue and expenditure
				results;
(2) monthly revenue and
				expenditure results;
(3) budget
				comparisons;
(4) cash
				position;
(5) associated bank
				reconciliations;
(6) projected
				monthly cash flows for the remainder of the fiscal year;
(7) projected monthly cash flows for the
				following twelve-month period;
(8)
				monthly financial reports; or
(9)
				control gap closure report to include:
(a)
				listing of each control concern;
(b) action plan to correct
				concerns;
(c) expected gap closure
				date; and
(d) responsible party to
				ensure closure.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.16 - CAMPUS VERIFICATION VISITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				An on-site verification visit may be scheduled at any campus location of an
				institution on EFOP status. During its on-site verification visit, the
				department may:
(1) seek to verify any
				information reported by the institution;
(2) determine the institution's compliance
				with EFOP reporting requirements;
(3) verify the institution's compliance with
				its corrective action plan; and
(4)
				verify progress toward completion of the corrective action plan and substantial
				mitigation or elimination of risk factor(s).
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.17 - ONGOING COMMUNICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				institution on EFOP status shall keep the department informed of any new risk
				factor or risk factors that develop at the institution. The institution shall
				report any new risk factor(s) immediately upon gaining actual knowledge of the
				new risk factor(s), but no more than 10 days after gaining actual knowledge.
				The institution's failure to report any new risk factor(s) while on EFOP status
				may result in the department extending the length of the EFOP status or
				additional reporting requirements. The institution may be required to submit an
				updated corrective action plan addressing the new risk factor(s). Action taken
				to extend EFOP, modify EFOP reporting requirements, or amend the corrective
				action plan will be based on the type of new risk factor(s), at the discretion
				of the department. The department shall make careful consideration of the
				severity, frequency, and the potential impact of the newly identified risk
				factor(s) to the institution's financial stability and the institution's
				demonstrated diligence in reporting the risk factor(s). If the institution is
				required to submit an amended corrective action plan, the department may either
				accept the amended plan as proposed, request additional information to
				accompany the amended plan, or reject the amended plan as proposed. If the
				department rejects the amended plan as proposed, the department shall issue its
				reasoning in writing to the institution and the institution shall submit a new
				or revised amended plan within 15 days of issuance of the rejection.
B. An institution on EFOP status and the
				department may engage in periodic meetings. Meetings may be convened to
				identify reporting problems, clarify reporting requirements and procedures,
				solicit information or assistance, ensure ongoing progress toward completion of
				the corrective action plan, discuss current operating results, discuss pending
				or proposed budget adjustment requests, or any other potential issues related
				to EFOP.
C. If during the course of
				implementing the corrective action plan, the institution determines that all or
				part of the plan cannot be implemented as originally approved, the institution
				must work with the department to submit an amended corrective action plan. The
				department may either accept the amended plan as proposed, request additional
				information to accompany the amended plan, or reject the amended plan as
				proposed. If the department rejects the amended plan as proposed, the
				department shall issue its reasoning in writing to the institution and the
				institution shall submit a new or revised amended plan within 15 days of
				issuance of the rejection.
D.
				Representatives from the department may request to address the governing board
				at scheduled governing board meetings.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.18 - REMOVAL OF EFOP STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The EFOP
				status of an institution shall remain in effect until the department determines
				the risk factor(s) that led to the status have been substantially mitigated or
				eliminated. Once the department determines EFOP status may be removed, a letter
				issuing notice of removal from EFOP status will be sent from the department
				cabinet secretary to the president of the institution, the chair of the
				governing board, the chief financial officer of the institution, and any other
				entity that was previously notified when the EFOP status was initiated. The
				notice of removal from EFOP status will include the specific criteria utilized
				by the department in its determination to remove EFOP status. Examples of
				conditions supporting removal of the EFOP status may include, but are not
				limited to the following:
(1) material
				improvement in the fiscal stability of the institution as documented in
				financial reports; or
(2)
				demonstration that fiscal controls have been implemented and are functioning
				adequately as shown by:
(a) the institution's
				ability to produce materially accurate and complete financial statements and
				reports of account balances and transactions; and
(b) audit opinions which are no longer
				modified, qualified, adverse, or disclaimed.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 11 - FISCAL OVERSIGHT › Section 5.3.11.19 - FAILURE TO COMPLY WITH EFOP REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following conditions shall constitute
				institutional non-compliance with EFOP:
(1)
				failure to schedule or attend the initial meeting pursuant to 5.3.11.12
				NMAC;
(2) failure to submit a
				corrective action plan pursuant to 5.3.11.14 NMAC;
(3) failure to obtain department approval of
				the proposed corrective action plan or any amendments to the corrective action
				plan;
(4) failure to take steps to
				implement the corrective action plan or any amendments to the corrective action
				plan;
(5) non-compliance with
				provisions of the corrective action plan or any amendments to the corrective
				action plan;
(6) failure to submit
				EFOP reports in accordance with deadlines set by the department;
(7) failure to report any new risk factor(s)
				while the institution is on EFOP status pursuant to Subsection A of 5.3.11.17
				NMAC; or
(8) failure to comply with
				any other aspect of the EFOP established by the department within 5.3.11
				NMAC.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 12 - INSTRUCTIONAL FUNDING › Section 5.3.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All public post-secondary educational institutions operating
				  within and receiving financial support from the State of New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 12 - INSTRUCTIONAL FUNDING › Section 5.3.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for 5.3.12 NMAC is found in NMSA 1978 Sections
				  21-1-26,
				  21-1-26.3,
				  21-2-5, and
				  21-2A-11
				  (1996 Repl. Pamph.).
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 12 - INSTRUCTIONAL FUNDING › Section 5.3.12.6 - OBJECTIVE AND PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				objective of 5.3.12 NMAC is to identify and define on- and off-campus
				instruction that is eligible to receive funding through New Mexico's higher
				education funding formulae.
B. The
				purpose of 5.3.12 NMAC is to provide public higher education institutions with
				adequate and equitable funding in support of on-campus instruction as well as
				with the resources to enhance educational opportunities for the many New Mexico
				citizens who can not readily attend on-campus courses or programs. It is also
				anticipated that this funding will better enable post-secondary educational
				institutions to quickly respond to changing community and workforce educational
				needs. The New Mexico higher education department believes that the delivery of
				instructional programming to students via alternative delivery modes will not
				only provide them improved educational opportunities, but will also provide the
				state a cost-effective alternative to the development of additional new
				campuses and facilities.
C.
				Department policy encourages the evolution of existing campuses and the
				development of new models of delivery that take advantage of the opportunities
				offered by technology. Use of the internet to deliver instruction has revealed
				that students participating in web-based courses may be located on-campus or
				off-campus. In order to recognize and support the increased use of technology,
				the department has adopted a policy that regards web-based courses as on-campus
				instruction for reporting purposes.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 12 - INSTRUCTIONAL FUNDING › Section 5.3.12.9 - IMPLEMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
In order to ensure uniformity and equity in the
				  implementation of this policy, it is necessary to clarify and make formal
				  certain concepts described in Section 8 that determine differences in the
				  fundability of certain types of credits.
A. Types of credit: Generally courses offered
				for academic credit are also eligible to count toward certificate and degree
				requirements; however, in some cases the special nature of the courses and
				their purpose make them inappropriate for degree credit, and thus ineligible
				for certain types of state funding.
(1)
				Academic credit: Credits for these courses are eligible for reporting to
				generate regular funding, as long as they meet all eligibility criteria
				contained in this policy.
(2)
				Developmental credit: Developmental course credits are not eligible for funding
				credit at the doctoral institutions, nor for degree or certificate credit at
				any institution.
(3) Extension,
				correspondence, self-study credit: Credits for courses that do not award credit
				applicable to a certificate or degree, or courses that do not include formal
				and regular contact between a student and instructor but are delivered through
				self-study, are not eligible for reporting to generate regular funding and must
				be supported by restricted or self-support funding.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 12 - INSTRUCTIONAL FUNDING › Section 5.3.12.10 - REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
In order to ensure uniformity and equity in the
				  implementation of this policy, it is necessary to clarify and make formal
				  certain concepts and credit reporting procedures. Institutions must report the
				  student credit hours that they generate in categories according to enrollment
				  and data reporting policies and procedures promulgated by the commission.
				  Eligibility for funding will be determined by the commission and may require a
				  combination of categorization from these definitions. Credits from courses
				  offered at reporting institutions are to be categorized according to the
				  classifications below. In some cases, this policy defines credits that are
				  ineligible for funding. In other cases, credits are to be reported and their
				  use in or eligibility for funding depends on formulae and other calculations
				  that are used in the annual recommendation process.
A. Credits: Enrollments that are eligible for
				funding are defined by counting student credit hours or "credits." See also
				5.3.12.7 NMAC for definitions.
B.
				Level: Generally, courses are structured in a pattern of increasing levels of
				difficulty, preparation and specificity in the following pattern:
(1) Lower division: Courses designed
				primarily for freshman (100's) and sophomore (200's) level students and for
				high school students enrolled under advanced placement agreements or under
				concurrent enrollment agreements.
(2) Upper division: Courses designed
				primarily for junior (300's) and senior (400's) level students.
(3) Graduate division: Courses designed
				primarily for master's (500's) and doctoral (600's, 700's) level
				students.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 13 - ALLOCATION AND DISTRIBUTION OF THE ADULT BASIC EDUCATION FUND › Section 5.3.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
5.3.13 NMAC applies to the allocation and distribution of
				  money appropriated to the adult basic education fund including funding for
				  instructional materials for adult basic education students by the legislature
				  for use in a given fiscal year and further applies to the allocation and
				  distribution of those monies made available to the state of New Mexico for
				  basic education of adults and available for formula allocation and distribution
				  to pay for the establishment or expansion of adult education programs to be
				  carried out by public schools and school districts, universities, community
				  based organizations of demonstrated effectiveness, community colleges as
				  defined by Section
				  21-13-2
				  NMSA 1978, branch community colleges as defined by Section
				  21-14-1
				  NMSA 1978, technical and vocational institutes as defined by Section
				  21-16-2
				  NMSA 1978, learning centers established pursuant to Section 21-16A NMSA 1978,
				  state-supported educational programs, postsecondary educational institutions
				  operated by tribal entities, and bureau of Indian affairs controlled
				  postsecondary schools located in New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 13 - ALLOCATION AND DISTRIBUTION OF THE ADULT BASIC EDUCATION FUND › Section 5.3.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  21-1-27.5,
				  21-1-27.6
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 13 - ALLOCATION AND DISTRIBUTION OF THE ADULT BASIC EDUCATION FUND › Section 5.3.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2003 unless a different date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 13 - ALLOCATION AND DISTRIBUTION OF THE ADULT BASIC EDUCATION FUND › Section 5.3.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation establishes a formula funding process whereby
				  monies appropriated by the New Mexico legislature to the adult basic education
				  fund including funding for instructional materials for adult basic education
				  students and monies made available to the state of New Mexico for basic
				  education of adults and available for formula allocation and distribution to
				  pay for the establishment or expansion of adult education programs are
				  allocated and distributed.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 13 - ALLOCATION AND DISTRIBUTION OF THE ADULT BASIC EDUCATION FUND › Section 5.3.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Adult basic
				education" (ABE) means adult education as defined by 20 U.S.C. Section 9202
				(1).
B. "Adult basic education
				fund" means that fund established pursuant to Section
				21-1-27.5
				NMSA 1978 for the purpose of funding adult basic education programs for
				educationally disadvantaged adults.
C. "Department" means the higher education
				department.
D. "Educational media"
				means a system of instructional materials, computer software, interactive
				videodisc, magnetic media, CD-ROM, DVD, computer courseware, on-line services,
				an electronic medium, or other means of conveying information to the student or
				otherwise containing intellectual content and contributing to the learning
				process.
E. "Instructional
				material" means school textbooks and other educational media that are used as
				the basis for instruction, including combinations of textbooks, learning kits,
				assessments, supplementary material and electronic media.
F. "Instructional material fund" means that
				fund established pursuant to Section
				22-15-9
				NMSA 2009 for the purpose of funding adult basic education student
				instructional materials.
G. "State
				administrative site" means an entity submitting a proposal meeting the criteria
				established by the higher education department and approved for formula funding
				through the adult basic education fund for a given fiscal year, including
				public schools and school districts, universities, community based
				organizations of demonstrated effectiveness, community colleges as defined by
				Section
				21-13-2
				NMSA 1978, branch community colleges as defined by Section 21-14 -1 NMSA 1978,
				technical and vocational institutes as defined by Section
				21-16-2
				NMSA 1978, learning centers established pursuant to Section 21-16A NMSA 1978,
				state-supported educational programs, postsecondary educational institutions
				operated by tribal entities, and bureau of Indian affairs controlled
				postsecondary schools located in New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 13 - ALLOCATION AND DISTRIBUTION OF THE ADULT BASIC EDUCATION FUND › Section 5.3.13.8 - RESPONSIBILITIES OF DEPARTMENT AND STATE ADMINISTRATIVE SITES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The higher education department will
				convene a task force on ABE formula funding with members representing ABE
				programs, post-secondary institution fiscal offices, and the association of
				community colleges to make recommendations on changes to the funding formula as
				appropriate.
B. The department
				shall review the formula and any proposed changes with the adult basic
				education administrative sites prior to adoption or amendment.
C. The department shall develop, implement
				and maintain procedures and training to address the purchase and reporting of
				instructional materials for the free use by adult basic education
				students.
D. Each state
				administrative site may purchase items of instructional material by issuing a
				purchase order to the publisher or the publisher's authorized agent. The entity
				is responsible for payment to the vendor/publisher, etc. The cost of the items,
				plus transportation charges, will be charged against the instructional material
				allocation.
E. Annually, at a time
				specified by the department, each state administrative site acquiring
				instructional material pursuant to the Instructional Material Law
				(22-15-1 to
				22-15-14 NMSA
				1978) shall file a report with the department.
F. If closure of a site is imminent, the site
				shall contact the department in writing within 30 days of closure to obtain
				approval to dispose of materials.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 13 - ALLOCATION AND DISTRIBUTION OF THE ADULT BASIC EDUCATION FUND › Section 5.3.13.9 - BUDGET

Current through Register Vol. 35, No. 13, July 16, 2024
A. The higher
				education department will notify each state administrative site of its program
				allocation no later than June 15 of the fiscal year immediately preceding the
				fiscal year for which the allocation is being made.
B. State administrative sites will submit to
				the higher education department budgets based upon program allocations,
				together with executed written agreements as required by the higher education
				department, no later than June 30 of the fiscal year immediately preceding the
				fiscal year for which the allocations are made.
C. State administrative sites will comply
				with reporting dates and reporting requirements established by the higher
				education department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 13 - ALLOCATION AND DISTRIBUTION OF THE ADULT BASIC EDUCATION FUND › Section 5.3.13.10 - DISTRIBUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Adult basic
				education program fund
(1) Distributions will
				be made to state administrative sites upon timely submission of expenditure and
				program reports in accordance with procedures established by the higher
				education department. Distributions may be requested on a monthly
				basis.
(2) Distributions will be
				made solely on a reimbursement basis.
(3) Unless otherwise provided by law,
				reimbursement will not be made for expenditures not obligated on or before June
				30 of the fiscal year for which the allocation is being made.
(4) Performance based funding components will
				be used to distribute the adult basic education program allocations.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 14 - TECHNOLOGY ENHANCEMENT FUND › Section 5.3.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for 5.3.14 NMAC apply to state research
				  institutions and tribal colleges in New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 14 - TECHNOLOGY ENHANCEMENT FUND › Section 5.3.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 25, 2022 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 14 - TECHNOLOGY ENHANCEMENT FUND › Section 5.3.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective and purpose of 5.3.14 NMAC is to outline the
				  distribution of monies in the technology enhancement fund. Money in the
				  technology enhancement fund is appropriated by the legislature to the higher
				  education department. The department shall distribute funds to New Mexico state
				  research institutions or tribal colleges that submit proposals and receive
				  award determinations from the department for purposes outlined in Section
				  21-1-27
				  NMSA 1978 and 5.3.14 NMAC.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 14 - TECHNOLOGY ENHANCEMENT FUND › Section 5.3.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Committee"
means the technology enhancement committee.
B.
"Department"
means the New
				Mexico higher education department.
C.
"Eligible institution"
means
				a state research university or tribal college located in New Mexico.
D.
"Fund"
means the technology
				enhancement fund.
E.
"Institutional share"
means funds to be matched by the technology
				enhancement fund. No portion of the institutional share may be derived from any
				other state appropriation.
F.
"Proposal"
means a formal request submitted to the technology
				enhancement committee for the purposes of the fund.
G.
"State research institution"
means an institution of higher education enumerated in Article 12, Section 11
				of the constitution of New Mexico conducting research within the scope of
				Section
				21-1-27.2
				NMSA 1978.
H.
"Tribal
				College"
means a tribally, federally or congressionally chartered
				postsecondary educational institution located wholly or partly in New Mexico
				conducting research within the scope of Section
				21-1-27.2
				NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 14 - TECHNOLOGY ENHANCEMENT FUND › Section 5.3.14.8 - TECHNOLOGY ENHANCEMENT FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				technology enhancement fund is created in the state treasury. The fund shall
				consist of appropriations, income from investment of the fund, gifts, grants,
				donations and bequests.
B. The
				technology enhancement fund shall be administered by the department. Money
				shall be disbursed only on warrant of the secretary of finance and
				administration upon receipt of voucher signed by the secretary of higher
				education or the secretary's authorized representative.
C. Money in the fund shall be used to provide
				matching funds to state research universities to support innovative
				foundational and applied research and equipment that advances knowledge and
				creates new products and production processes in the fields of agriculture,
				biotechnology, biomedicine, energy, materials science, microelectronics, water
				resources, aerospace, telecommunications, manufacturing science and similar
				research areas.
D. Grants from the
				fund are available to eligible institutions that are conducting collaborative
				research with corporate organizations, nonprofit organizations, other eligible
				institutions, or other public entities as determined by the department. An
				eligible institution may apply for a grant from the fund pursuant to an
				application schedule issued by the department.
E. Allocations from the fund shall be based
				on a competitive process with applications reviewed by the committee.
F. Following an award determination, an
				eligible institution shall not receive a distribution until that institution
				provides documentation to the department that it has received or will receive
				institutional share funding equal or greater than the state contribution.
				Distributions from the technology enhancement fund are made at least quarterly.
				Allocations not matched or not currently obligated to a proposal in review
				during any quarter of the cycle are made available during the following quarter
				for supplemental or second round matching by the corporate organization,
				nonprofit organization, other eligible institution, or other public entity as
				determined by the department pursuant to Subsection D of 5.3.14.8
				NMAC.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 14 - TECHNOLOGY ENHANCEMENT FUND › Section 5.3.14.9 - TECHNOLOGY ENHANCEMENT COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
The committee is composed of panel of scientific and
				  business experts established by the department. The committee shall judge
				  proposals based on excellence in research design and possible innovation in
				  cross-disciplinary, multi-campus and higher education-industry research
				  collaboration. The review panel may determine new research areas.
A. The committee shall consist of the
				following representatives:
(1) The vice
				presidents for research from the New Mexico institute of mining and technology,
				New Mexico state university, the university of New Mexico or their
				designates;
(2) a representative
				from the research community of the health sciences center at the university of
				New Mexico;
(3) a representative
				from the appropriate entities at New Mexico institute of mining and technology,
				New Mexico state university and the university of New Mexico that have
				expertise in economic development; and
(4) other designees as appointed by the
				cabinet secretary of the department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 14 - TECHNOLOGY ENHANCEMENT FUND › Section 5.3.14.10 - PROPOSAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
To be considered eligible for a distribution from the
				  technology enhancement fund, a proposal submitted by an eligible institution
				  shall:
A. demonstrate how the funds
				will be used to enhance public post-secondary education and research that
				benefits New Mexico;
B. indicate
				which of the purposes specified within Subsection C of 5.3.14.8 NMAC the
				proposal addresses; and
C. identify
				the source and eligibility of the institutional share.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 14 - TECHNOLOGY ENHANCEMENT FUND › Section 5.3.14.11 - SELECTION OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				committee shall develop a timeline of quarterly application periods setting
				forth deadlines for proposal submission and a schedule of review. The
				department may accept applications on nonstandard intervals upon request of the
				institution submitting the proposal.
B. The committee shall develop a scoring
				rubric that scores all proposals received pursuant to the requirements of
				5.3.14.10 NMAC.
C. No award
				determination shall be made until all proposals submitted within an application
				period have been reviewed and scored by the committee.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 14 - TECHNOLOGY ENHANCEMENT FUND › Section 5.3.14.12 - REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Institutions shall report annually the status of awards made
				  pursuant to 5.3.14.11 NMAC. The department shall report annually to the
				  legislative finance committee on award determinations made pursuant to this
				  section. The report shall include the number of proposals submitted by each
				  institution, the number of proposals selected for funding from each
				  institution, the amounts requested by each institution, the amounts awarded to
				  each institution, the amount of matching funds and their sources and the
				  purposes of the awards.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Higher Education Department, 2044 Galisteo Street,
				  Suite 4, Santa Fe, New Mexico 87505, (505) 476-8400.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.2 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-25-8
				  NMSA 1978, Section
				  21-2-5 NMSA
				  1978, Section
				  21-1-26
				  NMSA 1978, and Section
				  21-1-24 NMSA
				  1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.3 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All graduate programs offered by a public research or
				  comprehensive higher education institution, as defined in Article XII, Section
				  11 of the New Mexico constitution.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 12, 2018, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide a process for objective review of proposed
				  graduate programs. Any public research or comprehensive higher education
				  institution, as defined in Article XII, Section 11 of the New Mexico
				  constitution operating within and receiving financial support from the state of
				  New Mexico shall follow the procedures set out by the department before
				  creating a new graduate degree program.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Department"
means the New Mexico higher education
				department.
B.
"Dormant
				programs"
means degree programs that have not admitted new students for
				a period of three consecutive years.
C.
"Graduate program"
or
"program"
means a sequence of courses, activities or experiences
				in an academic discipline or sub-discipline which leads to award of any degree
				in the academic discipline or sub-discipline beyond the baccalaureate degree,
				including a master's degree, doctoral degree, or professional degree in fields
				such as law, medicine or other professions.
D.
"Institution"
means a public
				research or comprehensive higher education institution, as defined in Article
				XII, Section 11 of the New Mexico constitution operating within and receiving
				financial support from the state of New Mexico.
E.
"Institutional review"
means
				the process by which an institution conducts internal evaluation and approval
				of new courses, programs or any other matter related to curriculum. The
				required review process may differ between institutions and is set by each
				individual institution.
F.
"New graduate program"
means one that differs from currently
				approved programs at the proposing institution, in terms of degree level or
				academic discipline or sub-discipline.
G.
"Post-baccalaureate
				certificate"
means a program of study that is designed to develop or
				enhance a focused area of expertise, provide specific skill training and to
				enhance employability.