reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 1 - PUBLIC AND PRIVATE POST-SECONDARY INSTITUTIONS OPERATING UNDER THE INTERSTATE DISTANCE EDUCATION ACT › Section 5.99.1.19 - COMPLAINTS UNDER SARA

Current through Register Vol. 35, No. 13, July 16, 2024
A. SARA
				member institutions offering distance education to a student enrolled under
				SARA, shall be subject to the complaint procedures set out in
				5.99.1.19
				NMAC and the SARA manual. New Mexico home state SARA member institutions shall
				adopt complaint procedures for SARA students to allow SARA students to seek
				resolution to complaints or grievances. The SARA member institution shall have
				and make available to all enrolled SARA students, the adopted complaint
				procedure that describes in detail, how SARA students may register a complaint
				or grievance, how the SARA member institution will investigate the complaint,
				and how the SARA member institution will attempt to resolve the complaint. Such
				policies shall at a minimum include the following components:
(1) requirement that students with complaints
				or grievances against an institution first seek to resolve their complaint or
				grievance directly with the institution;
(2) a timeframe within which the institution
				will investigate and respond to the complainant, pursuant to the SARA
				manual;
(3) assurance that the
				representative of the institution investigating or addressing the complaint
				will serve as an impartial representative and is not directly involved in the
				subject matter to which the complaint is related;
(4) assurance that no adverse action will be
				taken against the complainant for registering the complaint; and
(5) identification of department as the New
				Mexico portal entity to be contacted in cases related to complaints resulting
				from distance education courses or activities offered by New Mexico home state
				SARA member institutions to students in other SARA states or territories and
				include the mailing address, website, and phone number for the department and
				the same contact information for other SARA portal entities.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 1 - PUBLIC AND PRIVATE POST-SECONDARY INSTITUTIONS OPERATING UNDER THE INTERSTATE DISTANCE EDUCATION ACT › Section 5.99.1.21 - STUDENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				institution providing distance education under DEA or that is offering distance
				education pursuant to
				5.99.1.10
				NMAC shall maintain a plan for records maintenance and retention which may be
				inspected by the department. 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. The plan must include a description of
				how records will be maintained in the event of closure, including, but is not
				limited to, designation of a custodian of records, digitization, and a process
				for obtaining transcripts from the custodian of records.
B. The institution must maintain at a
				minimum, the student's enrollment agreement, student transcript, or record
				indicating program completion (either certificate, diploma, degree, or other
				like proof of completion), and student financial aid records.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 1 - PUBLIC AND PRIVATE POST-SECONDARY INSTITUTIONS OPERATING UNDER THE INTERSTATE DISTANCE EDUCATION ACT › Section 5.99.1.22 - MONITORING, SANCTIONS, AND CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any institution operating pursuant to the
				act shall be subject to Section
				21-23B-5
				NMSA 1978.
B. An institution found
				in violation of the act may be assessed a civil penalty not to exceed five
				hundred dollars ($500) per day per violation.
C. An institution that does not submit an
				application for renewal within deadlines set by the department may have a lapse
				in DEA.
D. The department shall
				provide notification for public viewing on the department's website if a
				distance education authorized institution has been sanctioned or penalized by
				their accreditor or the U.S. department of education or has a lapse in
				DEA.
E. An institution engaging in
				distance education with students located in New Mexico or post-secondary
				educational institution located in New Mexico engaging in distance education
				with a student located outside of New Mexico, shall not cease provision of
				distance education, close, or make a substantial change to location (a
				relocation of the institution's physical site which impacts the institution's
				ability to offer distance education or affects the institution's ability to
				continue to meet the criteria for distance education authorization) without
				providing notice to the department and complying with the provisions set out in
				5.99.2 NMAC.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 2 - CLOSURE OF A DISTANCE EDUCATION INSTITUTION › Section 5.99.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5.99.2 NMAC apply to public and private
				  post-secondary institutions offering distance education to any student within
				  New Mexico and the provision of distance education by New Mexico post-secondary
				  educational institutions to students in other states.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 2 - CLOSURE OF A DISTANCE EDUCATION INSTITUTION › Section 5.99.2.3 - 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
				  21-23B-1
				  et seq. NMSA 1978. The Interstate Distance Education Act, Sections
				  21-23B-1
				  through
				  21-23B-6 NMSA
				  1978 authorizes the New Mexico higher education department to adopt rules and
				  regulations for the receipt of distance education by students in New Mexico and
				  the provision of distance education by New Mexico participating post-secondary
				  educational institutions to students located outside New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 2 - CLOSURE OF A DISTANCE EDUCATION INSTITUTION › Section 5.99.2.5 - 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 99 - DISTANCE EDUCATION › Part 2 - CLOSURE OF A DISTANCE EDUCATION INSTITUTION › Section 5.99.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
No post-secondary educational institution engaging in
				  distance education with students located in New Mexico or post-secondary
				  educational institutions located in New Mexico engaging in distance education
				  with a student located outside of New Mexico operating pursuant to 5.99.1 NMAC,
				  shall cease provision of distance education, close, or make a substantial
				  change to location without providing notice to the department and complying
				  with the provisions set out in 5.99.2 NMAC.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 2 - CLOSURE OF A DISTANCE EDUCATION INSTITUTION › Section 5.99.2.7 - 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.
"Distance education"
means
				instruction offered online or through correspondence or interactive video or
				other means enabling a student to receive instruction from a higher education
				provider. Instruction may be either synchronous (instruction in which a group
				of students engage in learning at the same time), asynchronous (instruction
				that does not occur in the same place or at the same time), or experiential
				learning activity, as defined in 5.99.1 NMAC.
E.
"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.
F.
"Post-secondary educational
				institution" or "institution"
means public post-secondary educational
				institutions and private post-secondary educational institutions operating
				pursuant to 5.99.1 NMAC.
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 which
				impacts the institution's ability to offer distance education or affects the
				institution's ability to continue to meet the criteria for distance education
				authorization.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 2 - CLOSURE OF A DISTANCE EDUCATION INSTITUTION › Section 5.99.2.8 - NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An institution
				shall provide formal written notice of closure to the department immediately
				upon gaining actual knowledge of the institution's intent to close, but no less
				than 90 days prior to closure.
B.
				An institution 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 no less than 90 days prior to
				moving operations.
C. An
				institution operating pursuant to 5.99.1 NMAC has a mandatory obligation to
				report a closure of any other branch, satellite, main campus or parent company
				or organization associated with the institution's accreditation immediately
				upon gaining actual knowledge of the institution's intent to close, but no less
				than 90 days prior to closure.
D.
				An institution shall provide formal written notice of intent to cease distance
				education program offerings that contain enrolled students, to the enrolled
				students and the department immediately upon gaining actual knowledge of the
				institution's intent to cease the program offerings, but no less than 90 days
				prior to ceasing offerings.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 2 - CLOSURE OF A DISTANCE EDUCATION INSTITUTION › Section 5.99.2.9 - PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. An institution
				operating pursuant to 5.99.1 NMAC that intends to cease provision of distance
				education, close, or make a substantial change to location must present a plan
				to the department.
B. An
				institution that is required to seek approval of such a plan by an accrediting
				body, must submit a copy of the approved plan to the department within seven
				days of receiving approval by the accrediting body.
C. An institution that is not required to
				seek approval of a plan by an accrediting body must submit a plan to the
				department as soon as practical, but no less than 90 days prior to closure,
				cessation of distance education program offerings, or substantial change to
				location.
D. The plan must include
				provisions for teach-out agreements, completion of programs by enrolled
				students, perpetual care and maintenance of student records, and identification
				and location of a responsible agent for the institution for a period of at
				least one year following closure.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 2 - CLOSURE OF A DISTANCE EDUCATION INSTITUTION › Section 5.99.2.10 - TEACH-OUT AGREEMENT OR PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				An institution operating pursuant to 5.99.1 NMAC that has served notice of
				closure, substantial change to location, or intent to cease program offerings
				that contain enrolled students shall provide to the department a teach-out
				agreement or plan.
B. An
				institution that is closing, has a substantial change to location, or intends
				to cease program offerings that contain enrolled students shall enter into a
				teach-out agreement with another institution offering similar programs, for
				provision of the remaining program requirements of enrolled students, or
				provide a teach-out plan that allows students to complete their program of
				study at the closing institution within a timeframe accepted by the
				department.
C. Enrolled students
				impacted by teach-out agreements or plans must be notified of the agreement or
				plan when it is finalized. Teach-out agreements or plans shall be made
				available and arranged at no additional cost to the students beyond that
				originally agreed to by the student.
D. The department may determine that a
				teach-out agreement or plan is not feasible after consideration of evidence
				submitted to the department. The department may find that teach-out
				arrangements are not feasible for students in one or more programs offered by
				the institution, in which case the institution shall refund all tuition and
				fees paid by the students in question for the current period of enrollment and
				shall provide appropriate transcripts and evaluations to assist students in
				transferring their work to another institution.
E. An institution that seeks to relocate may
				be exempt from entering into a teach-out agreement or plan if the institution
				can demonstrate to the department that students will not be substantially
				burdened by the change in location. The institution will be required to
				complete a form published by the department demonstrating possible impact to
				students.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 2 - CLOSURE OF A DISTANCE EDUCATION INSTITUTION › Section 5.99.2.11 - RECORDS MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior
				to closure, an institution must ensure that records are 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. If an institution discontinues its
				operation, the manager shall file with the designated custodian of records, the
				original or legible true copies of all educational records required to be
				maintained pursuant to 5.99.1 NMAC. For institutions authorized pursuant to or
				exempt from 5.99.1 NMAC the manager must file to the designated custodian of
				records the original or legible true copies of student records to include, at a
				minimum, the student's enrollment agreement, student transcript, record
				indicating program completion (either certificate, diploma, degree, or other
				like proof of completion) and student financial aid records. Any institution
				that closes and has not operated lawfully pursuant to 5.99.1 NMAC, must file to
				a designated custodian of records, the original or legible true copies of
				student records to include, at a minimum, the student's enrollment agreement,
				student transcript, record indicating program completion (either certificate,
				diploma, degree, or other like proof of completion), and student financial aid
				records and may be subject to penalty for operating without state authorization
				or exemption. A written detailed description for how records will be maintained
				following the closure shall be provided to the department in a plan for the
				perpetual care and maintenance of records. The written plan must include, but
				is not limited to the following:
(1)
				certification that the post-secondary institution is in compliance with the
				functional records retention and disposition schedule in 1.21.2 NMAC, the
				records retention schedule set by the department, records retention
				requirements of any other authorizing agency, or laws, regulations, and rules
				of any other authorizing jurisdiction or territory related to records
				retention, whichever is longest in time;
(2) designation of a custodian of
				records;
(3) physical address of
				hard copy files;
(4) physical
				address of digital files; and
(5)
				process for obtaining transcripts or other records from the custodian of
				record.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 99 - DISTANCE EDUCATION › Part 2 - CLOSURE OF A DISTANCE EDUCATION INSTITUTION › Section 5.99.2.12 - FINAL EXECUTION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
Before any post-secondary institution terminates its services
				  or sells, transfers or disposes of substantially all of its assets, it shall
				  submit to the department a summary of all actions taken pursuant to the
				  requirements set forth in all applicable Sections of 5.99.2 NMAC. The
				  institution must also submit certification that it has met all rules of the
				  department pertaining to the termination of operations by post-secondary
				  educational institutions.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.1 - ISSUING AGENCY (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.2 - SCOPE (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.3 - STATUTORY AUTHORITY (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.4 - DURATION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.5 - EFFECTIVE DATE (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.6 - OBJECTIVES AND GENERAL PRINCIPLES (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.7 - DEFINITIONS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.8 - INSTITUTIONS OR ORGANIZATIONS EXEMPT FROM THE ACT (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.9 - INFORMATION REQUIRED FOR REGISTRATION OR LICENSURE (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.10 - GENERAL STANDARDS FOR LICENSURE (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.11 - NAME OF THE INSTITUTION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.12 - OWNERSHIP AND ADMINISTRATION OF THE INSTITUTION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.13 - FINANCIAL STABILITY OF THE INSTITUTION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.14 - QUALIFICATIONS OF FACULTY (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.15 - INSTITUTIONAL ADVISORY COMMITTEE(S) (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.16 - PROGRAMS, CURRICULUM, EQUIPMENT AND FACILITIES (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.17 - STUDENT SUPPORT SERVICES (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.18 - ADVERTISING, RECRUITMENT AND ADMISSION OF STUDENTS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.19 - QUALIFICATIONS OF STUDENTS FOR ADMISSION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.20 - PAYMENT OF TUITION AND FEES; REFUNDS OF TUITION AND FEES (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.21 - PROVISION OF INFORMATION TO STUDENTS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.22 - ENROLLMENT CONTRACT OR AGREEMENT (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.23 - STUDENTS' ACADEMIC PROGRESS AND RECORDS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.24 - STUDENT RECORDS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.25 - COMPLAINTS AGAINST THE INSTITUTION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.26 - EVALUATION AND APPRAISAL OF PROGRAMS AND THE INSTITUTION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.27 - ADDITIONAL STANDARDS FOR DEGREE-GRANTING INSTITUTIONS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.28 - ISSUANCE OF A LICENSE (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.29 - DENIAL OF A LICENSE (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.30 - REVOCATION OF A LICENSE (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.31 - ANNUAL FEES (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.32 - SURETY BONDS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.33 - CLOSURE OF INSTITUTIONS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 2 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE POSTSECONDARY EDUCATIONAL INSTITUTION ACT (REPEALED) › Section 5.100.2.34 - APPEALS OF LICENSURE DECISIONS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.1 - ISSUING AGENCY (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.2 - STATUTORY AUTHORITY (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.3 - SCOPE (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.4 - DURATION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.5 - EFFECTIVE DATE (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.6 - OBJECTIVE (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.7 - DEFINITIONS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.8 - EXEMPTIONS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.9 - INFORMATION REQUIRED FOR REGISTRATION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.10 - GENERAL STANDARDS FOR REGISTRATION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.11 - PAYMENT AND REFUNDS FOR TUITION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.12 - ISSUANCE OF REGISTRATION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.13 - REVOCATION OF REGISTRATION (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.14 - ANNUAL FEES (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.15 - SURETY BONDS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 3 - PRIVATE POSTSECONDARY INSTITUTIONS OPERATING UNDER THE OUT-OF-STATE PROPRIETARY SCHOOL ACT (REPEALED) › Section 5.100.3.16 - APPEALS OF REGISTRATION AND AGENT ELIGIBILITY DECISIONS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 5 - EXEMPTION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5.100.5 NMAC apply to all post-secondary
				  institutions that meet the standards set by the department to obtain exempt
				  status from 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 5 - EXEMPTION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.5.3 - 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, Section
				  21-23-1 et
				  seq. NMSA 1978 authorizes the New Mexico higher education department
				  ("department") to establish standards to exempt post-secondary educational
				  institutions from the act while operating in New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 5 - EXEMPTION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.5.5 - 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 5 - EXEMPTION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each private
				post-secondary institution with a physical presence in New Mexico shall be
				classified by the department as either subject to or exempt from provisions of
				the Post-Secondary Educational Institution Act ("the act").
(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 5 - EXEMPTION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.5.8 - GENERAL STANDARD FOR OBTAINING EXEMPTION STATUS BY THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				shall provide an application form and assess an administrative fee to provide a
				formal exemption status. The department has the sole discretion to determine
				whether an institution meets the criteria for exemption status pursuant to
				Section
				21-23-4
				NMSA 1978 and 5.100.5 NMAC. If the department determines that an institution
				does not meet the criteria for exemption, the department may require the
				institution to apply for state authorization.
B. The exemption status will be valid for a
				term of five years from the date that the department makes the final
				determination.
C. As a condition of
				exemption, all post-secondary educational institutions shall agree to comply
				with Section
				21-23-15
				NMSA 1978 and 5.100.8 NMAC in the event of institutional closure.
D. An exempt institution shall provide the
				department with immediate written notification of any changes or events that
				may trigger the whole or part of the claim for exemption application to be
				untrue. In no case shall a change be made without an acknowledgement from the
				department. An institution shall provide the department with notification in no
				less than 90 days prior to the proposed changes going in effect.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 5 - EXEMPTION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.5.9 - PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A post-secondary institution that does not have state
				  authorization or has 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 it shall cease immediately to operate until it obtains
				  state authorization or exemption from the department; the department shall
				  initiate appropriate legal action if an institution fails 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.
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 5.100.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5.100.6 NMAC apply to all private
				  post-secondary institutions that meet the standards set by the department to
				  obtain state authorization under the registration 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 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.3 - 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 registered 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 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.5 - 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 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.6 - 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 Post-Secondary Educational Institution
				Act ("the act") unless expressly exempt 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 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.8 - GENERAL STANDARDS FOR REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A regionally accredited college or
				university seeking state authorization through registration must submit a
				complete application and all supporting documentation, as requested by the
				department.
B. A branch campus that
				operates under the regional 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 regional
				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 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.6.9 - APPLICATION FOR REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall create an application form for registration.
B. The application criteria, all of which are
				defined in Sections 10 through 17 of 5.100.6 NMAC, shall include the following:
(1) curriculum requirements;
(2) enrollment agreement;
(3) proof of financial stability;
(4) materials and information;
(5) student complaint procedure;
(6) cooperation;
(7) records maintenance and retention
				policy;
(8) surety bond.