New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS › Section 5.5.6.11 - APPROVAL BY THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before
				submitting an application to create a new undergraduate program, an institution
				must have initiated institutional review. It is the sole responsibility of the
				institution to comply with all requirements of the institution and seek
				approval within a timeframe that allows the institution to comply with all
				necessary deadlines set by the department. If any decision in the institutional
				review process affects the content of the application submitted to the
				department, the institution must re-submit the application to the department
				with updated information. Updates to the application by the institution may
				impact the timeline of review by the department.
B. An institution must submit a completed
				application to the department, on a form provided by the department, by the
				deadline published by the department.
C. The department shall conduct an initial
				review of a submitted application. The department may request additional
				information from the institution for use in its initial review. The department
				shall determine whether the application is correctly and fully completed. If
				the department determines that an application is not correctly and fully
				completed, the department shall return the application to the institution with
				recommendations as to how deficiencies may be remedied. An application shall
				not be presented to the advisory review committee until the department has
				completed initial review and determines that the application is correctly and
				fully completed.
D. If the
				application is submitted on or before the deadline published by the department,
				consideration of the application shall be placed on the next advisory committee
				meeting agenda. If the institution submits the form after the published
				deadline, consideration of the application will be postponed until the
				subsequent advisory committee meeting.
E. The department shall have a representative
				present during the advisory committee meeting to present the application. The
				department representative shall not be an advisory committee member.
F. A representative from the applicant
				institution shall be present during the advisory committee meeting and shall be
				prepared to respond to questions presented by the advisory committee. The
				institutional representative shall not be considered a member of the advisory
				committee and may not cast a vote on any matters before the
				committee.
G. The advisory
				committee may recommend to approve, disapprove, or return a proposal to the
				sponsoring institution for modification.
H. After receiving a recommendation from the
				advisory committee, the department cabinet secretary shall make the final
				written determination as to whether the new undergraduate program shall be
				approved, disapproved, or returned to the sponsoring institution for
				modification. The final written determination shall be sent to the institution
				within 10 business days of the advisory committee meeting.
I. At any point during the review process,
				the institution may withdraw its application.
J. If the department cabinet secretary denies
				the application for a new undergraduate program the department shall issue a
				statement in writing to the institution detailing the reasons for denial. If
				the department cabinet secretary determines that the application shall be
				returned to the sponsoring institution for modification, the department shall
				issue a statement in writing to the institution detailing the
				reasons.
K. If the institution
				receives a denial, the institution may file an appeal to the department within
				10 business days of issuance by the department cabinet secretary. The appeal
				must contain the institution's arguments for reversal of the decision, clearly
				labeled. The appeal must be mailed to the department cabinet secretary via
				certified mail. The department cabinet secretary will evaluate the merits of
				the appeal and consider the arguments of the institution. Upon review by the
				department cabinet secretary, a final written determination will be sent to the
				institution within 20 business days of receipt of the appeal. While an appeal
				is pending, the institution and department are strongly encouraged to continue
				discussions and negotiations in an effort to resolve the matter by agreement
				and reestablish productive working relations. The institution may withdraw an
				appeal at any time before the secretary reaches a final decision.
L. If the department cabinet secretary denies
				the request for a new program, the department will not reconsider the same
				application. The institution must initiate a new application process addressing
				the concerns of the advisory committee or department cabinet
				secretary.
M. No new undergraduate
				program shall be effective unless approved by the department cabinet secretary.
				If the department cabinet secretary does not approve a new program, the program
				and any student enrolled in that program, shall not be eligible for inclusion
				in any of the department's funding recommendations.