reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.11 - ENROLLMENT AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Before a student begins coursework at an institution, the
				  institution shall execute an enrollment agreement with the student. An
				  enrollment agreement will be binding only when it has been fully completed,
				  signed, and dated by the student and authorized institution representative
				  prior to the beginning of instruction. The institution shall retain the
				  original enrollment agreement and a copy shall be delivered to the student at
				  the time of execution or by mail when the enrollment is solicited by mail. A
				  copy of the blank agreement or contract shall be submitted to the department.
				  Each enrollment contract or agreement shall include at least the
				  following:
A. information that will
				clearly and completely define the terms of the agreement between the student
				and the school;
B. names and
				addresses of the school and the student;
C. the program or course title in which the
				student is enrolling and the applicable catalog date or version
				reference;
D. program start date
				and estimated end date;
E. the
				number of hours or units of instruction;
F. the school's cancellation and refund
				policies;
G. an itemization of all
				charges, fees and required purchases being incurred by the student or their
				sponsor in order to complete the training, e.g., tuition, books, supplies and
				all other items of expense required by the school;
H. the method of payment and payment schedule
				being established; and
I. when
				applicable, a statement detailing the institution's academic placement
				policy.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.12 - PROOF OF FINANCIAL STABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Standards for reviewing and analyzing financial stability
				  are a critical component of the institution's overall assessment. The
				  institution's financial stability will be reviewed by the department to assess
				  the institutions ability to meet financial obligations including, but not
				  limited to, obligations to enrolled students. In determining financial
				  stability of the institution the department shall review the following
				  requirements:
A. Insurance:
				Institutions registered by the department shall maintain valid standard,
				commercial liability insurance, worker's compensation insurance, and property
				insurance sufficient to protect students, employees, and other citizens from
				hazards in the institution's facilities. Where applicable institutions shall
				have liability insurance covering students involved in internships at sites and
				locations other than the institution.
B. Financial statement analysis: The
				department shall consider an institution's financial history when reviewing an
				application for registration. In the case where an institution submits an audit
				report and management letter provided by a certified public accountant, the
				department shall normally accept the report as accurate and rely on the
				auditor's professional responsibility to evaluate and to make known their
				professional opinion.
C. New
				institutions not previously operating in any capacity in any state or
				jurisdiction shall demonstrate liquid assets sufficient to operate the
				institution for a period of one year exclusive of anticipated revenue from
				tuition and fees. These assets shall be sufficient to pay all projected salary
				and benefits of employees and the rent, utilities, insurance and other costs of
				operating the institution's facilities for a period of one year. If an
				institution has audited financials available for the year prior to that of the
				application, such audited financials shall be submitted for review. Any new
				institution shall submit the following:
(1)
				bank statements, investor agreements, any other financial donations or gifts
				used to develop the institution;
(2) the institution's projected income
				statement certified as accurate by the institution. The income statement must
				include details of projected salaries and benefits of employees, rent,
				utilities, insurance, any financial obligations made by the institution, and
				any other operating costs; and
(3)
				any additional information which the department may request.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.13 - MATERIALS AND INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall regulate the use of deceptive and
				  misleading materials and information. An institution shall not disseminate
				  material or information that is deceptive, misleading or untrue. The
				  institution shall certify compliance with all laws and regulations related to
				  materials and information. The department may request copies of publications,
				  advertisements, agreements, marketing collateral, or contracts in order to
				  regulate the use of deceptive and misleading information. All materials and
				  information shall comply with the following requirements:
A. Representation of accreditation and state
				authorization status:
(1) An institution may
				not make claims to or advertise an accreditation status if the accrediting
				agency is not recognized by the U.S. department of education.
(2) An institution not accredited by a U.S.
				department of education recognized accreditor shall clearly state that the
				institution is not accredited.
(3)
				An institution registered by the department may not use terms such as
				"accredited," "endorsed," or "recommended" in reference to its approval by the
				department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.14 - STUDENT COMPLAINT PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
An institution shall provide proof of an adopted complaint
				  procedure that complies with the minimum requirements set by the department.
				  The institution shall have and make available to all students, the adopted
				  complaint procedure that describes, in detail, how students or other parties
				  may register a complaint or grievance, how the institution will investigate the
				  complaint, and how the institution will attempt to resolve the complaint. Such
				  policies shall at a minimum include the following components:
A. requirement that students or other parties
				with complaints or grievances against an institution first seek to resolve
				their complaint or grievance directly with the institution;
B. a time frame within which the institution
				will investigate the complaint and respond to the complainant;
C. assurance of the involvement of a person
				who will serve as an impartial representative of the institution but not be
				directly involved in the area of the complaint;
D. assurance that no adverse action will be
				taken against the complainant for registering the complaint; and
E. identification of the higher education
				department as the agency to be contacted in cases where a complaint cannot be
				resolved.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.15 - COOPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
The institution shall provide copies of valid certificates
				  from other federal, state and municipal agencies, and any other higher
				  education authorities as proof of compliance with applicable bodies. At minimum
				  the application submission must include:
A. a copy of the notification of good
				standing and ability to do business in New Mexico issued by the New Mexico
				secretary of state's office;
B. a
				copy of the New Mexico taxation and revenue department registration;
C. as applicable, a copy of the national
				council of state authorization reciprocity agreements (NC-SARA) welcome
				letter;
D. as applicable, a list
				and copy of authorizations granted by other jurisdictions; and
E. as applicable, a list and copy of
				authorizations granted by other New Mexico boards, commission or
				agencies.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.16 - RECORD MAINTENANCE AND RETENTION POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each regionally accredited college or
				university registered by the department shall provide a records maintenance and
				retention plan. The plan shall consist of a records maintenance and disposal
				schedule that is in compliance with the functional records retention and
				disposition schedule in 1.21.2 NMAC, the records retention schedule set by the
				department, regulations of any other authorizing agency, or laws, regulations,
				and rules of any other authorizing jurisdiction or territory, whichever is
				longest in time. If another authorizing agency of the institution requires a
				longer period of retention than that of 1.21.2 NMAC, the longest retention
				period shall prevail.
B. Each
				institution shall submit a certification of compliance with all applicable
				laws, rules and regulations that govern records management for closed
				institutions.
C. Each institution
				shall report the percentage of all student transcripts since inception of the
				institution that are not digitalized at the time of application. If there are
				non-digitalized transcripts, the institution shall submit a plan to the
				department which describes how the institution will digitalize all student
				transcripts within a twelve-month period.
D. Each institution shall provide information
				regarding the custodian of records and the process for obtaining transcript
				records through the custodian at the time of application.
E. If the department determines the plan for
				processing transcripts is not satisfactory, the institution shall:
(1) hire a professional digital credential
				firm to manage its student transcripts; or
(2) submit all of the student transcripts
				within a twelve-month period to the department in a specified format and agree
				the department shall become custodian of record upon receipt of the
				transcripts.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.17 - SURETY BOND

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				institution registered by the department shall maintain in force a surety bond
				or alternative surety accepted by the department, in an amount set by the
				department, and payable to the department. The institution must have and adhere
				to the following requirements:
(1) the amount
				of the bond or alternative surety shall be sufficient to indemnify any student
				damaged as a result of fraud or misrepresentation by a registered institution
				or as a result of the institution ceasing operation prior to its students
				having completed the programs for which they have contracted. If a registered
				institution closes, the department may draw upon the bond to pay costs
				associated with preservation of student records;
(2) the bond required for each institution
				shall be twenty percent of the institution's projected or actual gross annual
				tuition and fees revenue in New Mexico, which takes into consideration the
				size, number of students and total income and assets of an institution. In no
				case shall the bond be less than $5,000;
(3) bonds provided by institutions must be
				accompanied by the name, office address and phone number of the issuing company
				representative; and
(4) if an
				institution seeks to cancel a surety bond, written notice must be delivered to
				the department. The institution may not cancel the surety bond until provided
				with written release by the department. The institution shall provide the
				department with a like surety or acceptable alternative in order to maintain
				registration status.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.18 - COMPLAINT TO THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				student or other party not satisfied with an institution's resolution of a
				complaint may submit a complaint to the department in writing on a form
				provided by the department. A student must file a complaint with the department
				within three years of their last date of enrollment.
B. Upon receipt of a written complaint, the
				department or its authorized representative shall verify that the complaint
				involves one or more standards for registration of the institution and is
				therefore a legitimate subject of complaint to the department. If the complaint
				is determined to be legitimate, the department or its authorized representative
				shall forward the complaint to the institution for a written response and shall
				facilitate possible resolution of the complaint between the student and the
				institution. The institution shall have 10 days to forward its response to the
				department. A copy of the institution's response will be forwarded to the
				student with a request that the student indicate satisfaction or
				dissatisfaction with the response.
C. In attempting to resolve a complaint, the
				department or its authorized representative may, but is not obliged to, convene
				a hearing or meetings and shall give written notice to the institution and to
				all persons involved, regarding the time, date, and place of the hearing or
				meeting. Such hearings or meetings, if held, shall be informal and for the
				purpose of determining the facts surrounding the claim and if the parties can
				come to a resolution or compromise.
D. In the event that the institution refuses
				to respond or refuse to attend a hearing or meeting:
(1) The department shall make three attempts
				to contact the institution including at least one attempt through certified
				mail, to notify the institution of the complaint, request, action, hearing or
				meeting; and
(2) If the institution
				does not respond or fails to attend the hearing or meeting after three attempts
				to contact the institution by the department have been made, the department may
				invoke its powers to take such action as shall be necessary for the
				indemnification of the claimant.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.19 - APPLICABLE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall assess application and administrative fees for registration,
				pursuant to Section
				21-23-6.3 NMSA
				1978, and publish a fee schedule.
B. The department shall assess an
				administrative fee for providing the services associated with application
				review and determination of eligibility for registration.
C. The department shall assess an application
				fee upon determination that the institution has satisfactorily met all
				conditions for registration.
D. The
				department shall assess an administrative fee for annual reporting.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.20 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Registered colleges or universities shall annually submit a standard reporting
				form on a deadline set by the department and make available to the prospective
				student.
B. The department shall
				promulgate a standard form for annual reporting including but not limited to:
(1) curriculum and enrollment
				information;
(2) financial
				information;
(3) completion rates
				for both full-time and part-time students;
(4) withdrawal rates of students;
(5) satisfaction of students and
				employers;
(6) median combined loan
				debt for federal loans, institutional loans and private loans certified by the
				institution, for all students who completed the most recently completed award
				year;
(7) placement
				rates;
(8) median earnings at ten
				years after entering the institution of former students of the institution who
				received federal financial aid, if available;
(9) all publication material requested by the
				department; and
(10) certification
				of compliance with current New Mexico Administrative Code or statutes
				applicable to post-secondary educational institutions.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.21 - PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A post-secondary
				institution that does not have state authorization or have not been granted
				express exemption by the department, and meets the definition of physical
				presence in New Mexico, shall be notified by certified mail that they shall
				cease immediately to offer such until they obtain a state authorization or
				exemption from the department; the department shall initiate appropriate legal
				action if institutions fail to comply; whoever violates any provision of
				Sections
				21-23-1 et
				seq. NMSA 1978 of the Post-Secondary Educational Institution Act may be
				assessed a civil penalty not to exceed five hundred dollars ($500) per day per
				violation.
B. A post-secondary
				institution that does not submit an application for renewal within deadlines
				set by the department and has a lapse in state authorization for one or more
				years will be required to complete a provisional period of two years.
C. The department shall provide notification
				for public viewing on the department's website if a registered private
				post-secondary institution has been sanctioned or penalized by their accreditor
				or the U.S. department of education.
D. The department may report any failures to
				comply with provisions of 5.100.6 NMAC to the U.S. department of education and
				the institution's accreditor. If the institution does not comply, the
				department may take action to forward the file to the attorney general's office
				for issuance of a notice of contemplated action to deny registration.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.22 - REVOCATION OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department may revoke an institution's registration to operate or approval to
				offer a specific degree program(s) at any time, upon finding that
(1) any statement made in the institution's
				application for registration is untrue;
(2) the institution has failed to maintain
				the faculty, facilities, equipment, or other necessary support for its
				program(s) of study on the basis of which the registration or approval was
				granted; and
(3) the institution
				has failed to advise the department about significant factors which serve as a
				basis for registration, such as:
(a) financial
				difficulties sufficient to threaten program quality;
(b) significant staff changes in a short
				period of time;
(c) change of
				ownership and management;
(d)
				outcomes of audits by other state agencies;
(e) loss or lowering of accreditation
				status;
(f) any other factor that
				could alter basis for registration;
(g) the institution has failed to renew
				registration in a timely manner; or
(h) the institution has failed to comply with
				one or more standards of registration established by the department or with
				applicable law.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.23 - DENIAL OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant that fails to satisfactorily meet the
				  requirements in Sections 10 through 17 of 5.100.6 NMAC or fails to adequately
				  address the specific criteria set forth in Sections 10 through 17 of 5.100.6
				  NMAC shall be subject to denial of registration. If the department contemplates
				  denial of registration to any applicant, the department shall commence
				  proceedings pursuant to and in accordance with the Uniform Licensing Act,
				  Sections
				  61-1-1
				  through
				  61-1-34
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5.100.7 NMAC apply to all private
				  post-secondary institutions that meet the standards set by the department to
				  obtain state authorization under the licensure status of the post-secondary
				  educational institution act within the state of New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-25-1 et seq. NMSA
				  1978, Section
				  21-1-26
				  NMSA 1978 and Section
				  21-23-1 et
				  seq. NMSA 1978. The Post-Secondary Educational Institution Act, Sections
				  21-23-1 et
				  seq. NMSA 1978 authorizes the New Mexico higher education department
				  ("Department") to establish standards and oversight for licensed private
				  post-secondary institutions under the act while operating in New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 26, 2017 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each private
				post-secondary institution operating with a physical presence in New Mexico
				shall be subject to provisions of the ("the act") unless expressly exempted by
				the department.
(1) Engaging in one or more
				of the following activities constitutes a physical presence in New Mexico:
(a) ongoing occupation of a physical location
				in the state;
(b) maintenance of an
				administrative office to support the provision of higher education
				instruction;
(c) establishing a
				physical location for instruction which is synchronous (instruction in which a
				group of students engage in learning at the same time) or asynchronous
				(instruction that does not occur in the same place or at the same
				time);
(d) requiring students to
				physically meet in a location for instructional purposes more than twice per
				full-term (quarter or semester) course for a total of more than six
				hours;
(e) establishing an
				administrative office;
(f)
				providing student support services to enrolled students, from a physical site
				operated by or on behalf of the institution in the state;
(g) obtaining office space for instructional
				or non-instructional staff;
(h)
				maintaining a mailing address or phone exchange in New Mexico;
(i) holding proctored exams on behalf of the
				institution in New Mexico more than twice per full-term (quarter or semester);
				or
(j) facilitating student
				participation in off-campus field trips in New Mexico for academic purposes in
				excess of 20 classroom hours in one six-month period or in which the
				institution establishes a residential or instructional facility in New
				Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.8 - GENERAL STANDARDS FOR LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An institution seeking state authorization
				through licensure must submit a complete application and all supporting
				documentation as described in
				5.100.7.10
				NMAC. The department shall create application forms for institutions to apply
				for licensure.
B. A branch campus
				that operates under the accreditation of a primary New Mexico campus is not
				considered a separate institution for purposes of state authorization. To be
				considered a branch campus the institution shall meet the following criteria:
(1) it has the same ownership, financial
				management or control as that of the primary New Mexico campus;
(2) it operates under the accreditation of
				the primary New Mexico campus;
(3)
				it is not considered a separate institution for the purpose of
				accreditation;
(4) the primary New
				Mexico campus has previously operated as a state authorized and accredited
				institution in New Mexico; and
(5)
				it is a secondary physical presence by the same institution in New
				Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.9 - TYPES OF LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
The department will determine the type of license an
				  institution is eligible to receive based on standards set by the department. An
				  institution with a provisional license or license holds state authorization to
				  operate in New Mexico:
A. Provisional
				License: An institution that has never applied for licensure or a degree
				granting institution seeking accreditation status is required to submit an
				annual application for a provisional license to the department. The department
				will review the annual application to ensure the institution satisfactorily
				meets the application requirements in
				5.100.7.10
				NMAC. An institution may be required to keep the provisional license status if
				the institution fails to meet the requirements for full licensure or receives
				unsatisfactory audits by the department within the first full academic year.
				The outcome of a triggered site visit of any licensed institution as stated in
				Subsection E of
				5.100.7.6 NMAC may be a
				recommendation for a provisional license.
B. License: After successful completion of
				the provisional license period, an institution is required to submit an
				application for a license to the department. The department will review the
				application to ensure the institution satisfactorily meets the application
				requirements in
				5.100.7.10
				NMAC. A renewal application must be submitted annually to the department on
				forms created by the department within deadlines set by the
				department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.10 - APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The institution must provide complete and accurate
				  information to the department. The department may request additional supporting
				  documentation. Upon request of the department, the applicant must supply any
				  missing or requested information to the department. An applicant must respond
				  to the department within deadlines set by the department. The department
				  application will require institutions to supply information described in
				  Subsections A through W of
				  5.100.7.10 NMAC:
A. Evaluation plan: The plan shall include
				measures of institutional success. The institution shall provide a plan for
				evaluation of the following:
(1) the
				satisfaction of its graduates and shall make available to the department all
				reports of these satisfaction assessments prepared during the past five
				years;
(2) a written plan for
				keeping courses current;
(3) a
				written plan for faculty improvement in terms of content knowledge and relevant
				instructional techniques and the use of new and applicable technologies to
				support instruction; and
(4) if the
				institution is subject to the Student-Right-to-Know Act, it shall provide the
				department with copies of all reports submitted to the federal
				agency.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.11 - REVIEW COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				purpose of the review committee is to assist the department in assuring that
				non-accredited institutions maintain high quality programs and operations. The
				committee will review applications of licensure for non-accredited institutions
				seeking state authorization. The committee shall also conduct programmatic
				review and approval for non-accredited institutions. The committee will make a
				final recommendation to the department for state authorization or program
				approval. The review committee will evaluate the following criteria:
(1) adequacy of the administration of the
				institution;
(2) adequacy of the
				curriculum and program requirements of the institution and of its
				programs;
(3) adequacy of
				qualifications and performance of the teaching faculty of the institution;
				and
(4) the institution's
				effectiveness as reflected in student outcomes such as program completion
				rates, withdrawal rates, and satisfaction of students and employers.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.12 - COMPLAINT TO THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				student not satisfied with an institution's resolution of a complaint may
				submit a complaint to the department in writing on a form provided by the
				department. A student must file a complaint with the department within three
				years of their last date of enrollment.
B. Upon receipt of a written complaint, the
				department or its authorized representative shall verify that the complaint
				involves one or more standards for licensure of the institution and is
				therefore a legitimate subject of complaint to the department. If the complaint
				is determined to be legitimate, the department or its authorized representative
				shall forward the complaint to the institution for a written response and shall
				facilitate possible resolution of the complaint between the student and the
				institution. The institution shall have 10 days to forward its response to the
				department. A copy of the institution's response will be forwarded to the
				student with a request that the student indicate satisfaction or
				dissatisfaction with the response.
C. In attempting to resolve a complaint, the
				department or its authorized representative may, but is not obliged to, convene
				a hearing or meetings and shall give written notice to the institution and to
				all persons involved, regarding the time, date, and place of the hearing or
				meeting. Such hearings or meetings, if held, shall be informal and for the
				purpose of determining the facts surrounding the claim and whether the parties
				can come to a resolution or compromise.
D. In the event that the institution refuses
				to respond or refuses to attend a hearing or meeting:
(1) the department shall make three attempts
				to contact the institution including at least one attempt through certified
				mail, to notify the institution of the complaint, request, action, hearing or
				meeting;
(2) if the institution
				does not respond or fails to attend the hearing or meeting after three attempts
				to contact the institution by the department have been made, the department may
				invoke its powers to take such action as shall be necessary for the
				indemnification of the claimant.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.13 - APPLICABLE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall assess application, administrative, and licensing fees,
				pursuant to Section
				21-23-6.3 NMSA
				1978, and publish a fee schedule.
B. The department shall assess an
				administrative fee for providing the services associated with application
				review and determination of eligibility for licensure.
C. The department shall assess a licensing
				fee upon determination that the institution has satisfactorily met all
				conditions for licensure.
D. The
				department shall assess an administrative fee for filing annual reporting; any
				costs associated with review committee evaluation and determination; any costs
				associated with specialized review, program changes, and institution or
				administrative changes.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.14 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Licensed institutions shall annually submit a standard reporting form on a
				deadline set by the department and make available to the prospective
				student.
B. The department shall
				promulgate a standard form for annual reporting including, but not limited to:
(1) curriculum and enrollment
				information;
(2) financial
				information;
(3) completion rates
				for both full-time and part-time students;
(4) withdrawal rates of students;
(5) satisfaction of students and
				employers;
(6) median combined loan
				debt for federal loans, institutional loans and private loans certified by the
				institution, for all students who completed the most recently completed award
				year;
(7) placement
				rates;
(8) median earnings at ten
				years after entering the institution of former students of the institution who
				received federal financial aid, if available;
(9) all publication material requested by the
				department; and
(10) certification
				of compliance with current New Mexico administrative code or statutes
				applicable to post-secondary educational institutions.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.16 - PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Institutions
				that do not have state authorization or have not been granted express exemption
				by the department, and meet the definition of physical presence in New Mexico,
				shall be notified by certified mail that they shall cease immediately offering
				instruction or enrolling new students until they obtain a state authorization
				or exemption from the department; the department shall initiate appropriate
				legal action if institutions fail to comply; whoever violates any provision of
				Section
				21-23-1 et
				seq. NMSA 1978 of the Post-Secondary Educational Institution Act may be
				assessed a civil penalty not to exceed five hundred dollars ($500) per day per
				violation.
B. A private
				post-secondary institution that does not submit an application for renewal
				within deadlines set by the department and has a lapse in state authorization
				for one or more years will be required to complete a provisional period of one
				full academic year.
C. The
				department shall provide notification for public viewing on the department's
				website if a licensed private post-secondary institution has been sanctioned or
				penalized by their accreditor or the United States department of
				education.
D. The department may
				report any failures to comply with provisions of 5.100.7 NMAC to the United
				States department of education and the institution's accreditor. If the
				institution does not comply, the department may take action to forward the file
				to the attorney general's office for issuance of a notice of contemplated
				action to deny licensure.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.17 - REVOCATION OF A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department may revoke an institution's license to operate or approval to offer
				a specific degree program(s) at any time, upon finding that
(1) any statement made in the institution's
				application for licensure is untrue;
(2) the institution has failed to maintain
				the faculty, facilities, equipment, or other necessary support for its
				program(s) of study on the basis of which the license or approval was granted;
				and
(3) the institution has failed
				to advise the department about significant factors which serve as a basis for
				licensure, such as:
(a) financial difficulties
				sufficient to threaten program quality;
(b) significant staff changes in a short
				period of time;
(c) change of
				ownership and management;
(d)
				outcomes of audits by other state agencies;
(e) loss or lowering of accreditation
				status;
(f) any other factor that
				could alter basis for licensure;
(g) the institution has failed to renew
				annual license in a timely manner; or
(h) the institution has failed to comply with
				one or more standards of licensure established by the department or with
				applicable law.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.7.18 - DENIAL OF A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant that fails to satisfactorily meet the
				  requirements of Section 5.100.7.10 NMAC or fails to adequately address the
				  specific criteria set forth in Section 5.100.7.10 NMAC shall be subject to
				  denial of licensure. If the department contemplates denial of licensure to any
				  applicant, the department shall commence proceedings pursuant to and in
				  accordance with the Uniform Licensing Act, Sections
				  61-1-1
				  through
				  61-1-34
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 8 - CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST- SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Higher Education Department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 8 - CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST- SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5.100.8 NMAC apply to all private
				  post-secondary institutions operating within the state of New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 8 - CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST- SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-25-1 et seq. NMSA
				  1978, Section
				  21-1-26
				  NMSA 1978 and Section
				  21-23-1 et
				  seq. NMSA 1978. The Post-Secondary Educational Institution Act, Sections
				  21-23-1 et
				  seq. NMSA 1978 authorizes the New Mexico higher education department
				  ("department") to establish standards for closures of private post-secondary
				  educational institutions operating in New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 8 - CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST- SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 26, 2017 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 8 - CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST- SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
No private post-secondary institution shall cease operation
				  within New Mexico or make a substantial change to location without providing
				  notice to the department and complying with the provisions set out in this
				  rule. Institutions operating with a physical presence in New Mexico and
				  concurrently offering distance education pursuant to 5.99.1 NMAC as a SARA
				  institution, through distance education authorization, or through any other
				  method detailed in Section
				  5.99.1.10
				  NMAC, shall be subject to 5.99.2 NMAC, if the institution seeks to close, cease
				  program offerings that contain enrolled students, or substantially relocate as
				  defined in 5.99.2 NMAC, as related only to students enrolled exclusively as
				  distance education students.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 8 - CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST- SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Accrediting body"
means an accreditor or accrediting agency that
				has issued an accreditation status to the institution.
B.
"Custodian of Records"
means
				an entity with which the institution has arranged for the perpetual care,
				maintenance and accessibility of all records and transcripts for all students
				receiving credit from the institution during the period of its existence. The
				entity must be in compliance with the Family Educational Rights and Privacy Act
				(FERPA) and be capable of servicing student record requests. Documentation
				evidencing such compliance shall be submitted to the department.
C.
"Department"
means the New
				Mexico higher education department or its designated employee.
D.
"Manager"
means the chief
				executive officer, chief operations officer, chief financial officer, senior
				business or finance officer, senior financial aid administrator, and senior or
				chief academic officer of an institution's New Mexico facility.
E.
"Physical presence"
means the
				ongoing occupation of a physical location in the state, the ongoing maintenance
				of an administrative office to support the provision of higher education
				instruction, or engaging in one or more of the activities detailed in Paragraph
				(1) of Subsection A of
				5.100.5.6
				NMAC, Paragraph (1) of Subsection A of
				5.100.6.6
				NMAC, or Paragraph (1) of Subsection A of
				5.100.7.6
				NMAC.
F.
"Post-secondary
				educational institution"
or
"institution"
or
"post-secondary institution"
means an a private academic,
				vocational, technical, business, professional, or other school, college, or
				university or other organization or person offering or purporting to offer
				courses, instruction, training, or education.
G.
"Program"
means any
				certificate or degree program or for purposes of closure, a college, school or
				department within an institution.
H.
"Substantial change to
				location"
means a relocation of the institution's physical site that is
				beyond the proximity a student is normally required to travel for educational
				offerings.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 8 - CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST- SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.8.8 - NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A post-secondary
				institution operating with a physical presence in the state of New Mexico shall
				provide formal written notice of closure to the department immediately upon
				gaining actual knowledge of the institution's intent to close but in no case
				less than 90 days prior to closure.
B. A post-secondary institution operating
				with a physical presence in the state of New Mexico shall provide formal
				written notice of substantial change to location to the department immediately
				upon gaining actual knowledge of the institution's intent to change location
				but in no case less than 90 days prior to moving operations.
C. A post-secondary institution operating
				with a physical presence in the state of New Mexico has a mandatory obligation
				to report a closure of any other branch, satellite, or main campus associated
				with the institution immediately upon gaining actual knowledge of the
				institution's intent to close but in no case less than 90 days prior to
				closure.
D. A post-secondary
				institution has a mandatory obligation to report the closure of any other
				subsidiary institution or campus associated through the same parent company or
				organization immediately upon gaining actual knowledge of the institution's
				intent to close but in no case less than 90 days prior to closure.