reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 57 - GOVERNANCE OF THE PORTAL PROGRAM AT THE PALACE OF THE GOVERNORS STATE HISTORY MUSEUM › Section 4.51.57.21 - VENDING TRADITIONAL FOOD STUFFS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Traditional food stuff may be offered for
				sale and shall be derived from the household of the participant vendor. The
				participant shall have prepared the foodstuff within 24 hours of
				offering.
B. The following food may
				be sold: oven bread; Indian melons; tamales; pies; cookies; fried bread; pinon
				nuts; parched corn; piki bread (paper bread); ristras (chili
				strings).
C. The participant who
				vends food shall obtain from the city of Santa Fe a valid food handlers card or
				certificate, which must be exhibited by the participant food vendor at all
				times.
D. All food must be packaged
				and labeled with the maker's name and ingredients.
E. All participant food vendors must
				demonstrate their food preparation as part of the application
				process.
F. Other additional kinds
				of foods shall be approved by the portal committee and/or the director of the
				palace of the governors before the participant vendor offers it for sale to the
				public.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 57 - GOVERNANCE OF THE PORTAL PROGRAM AT THE PALACE OF THE GOVERNORS STATE HISTORY MUSEUM › Section 4.51.57.22 - SANDPAINTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. All sandpainting
				shall be handmade of natural materials. No commercial sand shall be
				permitted.
B. No dyed sand shall be
				permitted.
C. No sandpainting sold
				under the portal of the palace of the governors shall have a frame.
D. Each sandpainting shall be signed on the
				face of the painting with the maker's mark impressed into the design of the
				painting while the sand is wet. This does not preclude additional marking or
				signatures, e.g., on the back of the painting.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 57 - GOVERNANCE OF THE PORTAL PROGRAM AT THE PALACE OF THE GOVERNORS STATE HISTORY MUSEUM › Section 4.51.57.23 - LEATHERWORK

Current through Register Vol. 35, No. 13, July 16, 2024
A. All leatherwork
				shall be permanently marked. Marking with ink is not permitted.
B. Leatherwork without beadwork should have a
				branded or stamped maker's mark.
C.
				Leatherwork with beadwork can have a branded, stamped or beaded maker's mark.
				The maker's mark may also be incorporated into the beaded design.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 57 - GOVERNANCE OF THE PORTAL PROGRAM AT THE PALACE OF THE GOVERNORS STATE HISTORY MUSEUM › Section 4.51.57.24 - PAYMENT TO PARTICIPANTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				participant shall accept any payment prior to delivery of the item. Cash-on-
				delivery (C.O.D.) orders are permitted. Any violation of this section shall
				result in immediate suspension.
B.
				Participants may receive arts and craft items as payment for their own goods,
				so long as they do not re-sell the items at the portal.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 57 - GOVERNANCE OF THE PORTAL PROGRAM AT THE PALACE OF THE GOVERNORS STATE HISTORY MUSEUM › Section 4.51.57.25 - STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
This statement of rules and regulations supersedes all
				  previous statements of policy, rules and regulations concerning the portal
				  program of the palace of the governors, museum of New Mexico.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 58 - CONTRACTING WITH OUTSIDE AGENCIES, PRIVATE ENTITIES AND INDIVIDUALS (REPEALED) › Section 4.51.58.8 - CONTRACTING WITH OUTSIDE AGENCIES, PRIVATE ENTITIES AND INDIVIDUALS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 1 - POST-SECONDARY EDUCATION - GENERAL PROVISIONS › Part 3 - FEDERAL PROGRAM ADMINISTRATION › Section 5.1.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for 5.1.3 NMAC apply to all public private
				  non-profit postsecondary institutions in New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 1 - POST-SECONDARY EDUCATION - GENERAL PROVISIONS › Part 3 - FEDERAL PROGRAM ADMINISTRATION › Section 5.1.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  21-1-26
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 1 - POST-SECONDARY EDUCATION - GENERAL PROVISIONS › Part 3 - FEDERAL PROGRAM ADMINISTRATION › Section 5.1.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 1 - POST-SECONDARY EDUCATION - GENERAL PROVISIONS › Part 3 - FEDERAL PROGRAM ADMINISTRATION › Section 5.1.3.6 - OBJECTIVE AND PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
Several laws passed by congress dealing with higher education
				  call upon the governor of a state to designate an agency to administer various
				  federal programs in the state. On several occasions, the governor of New Mexico
				  has designated the higher education department to be responsible for
				  administering federal programs dealing with higher education, teacher quality
				  and adult basic education in New Mexico. In addition to having responsibility
				  for administering certain acts, the staff is often called upon to serve on
				  advisory committees dealing with other federal legislation and programs, both
				  at the state and federal levels. The purpose of 5.1.3 NMAC is to describe the
				  higher education department's responsibilities for administering certain
				  federal acts.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 1 - POST-SECONDARY EDUCATION - GENERAL PROVISIONS › Part 3 - FEDERAL PROGRAM ADMINISTRATION › Section 5.1.3.8 - HIGHER EDUCATION DEPARTMENT RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
In administering federal programs, the policy of the higher
				  education department shall be to carry out its interpretation of the intent of
				  applicable federal laws as well as to comply with the statute itself and
				  applicable regulation.
A. The higher
				education department and its staff will render all reasonable assistance to
				institutions of higher education in carrying out its responsibility under any
				federal program. This reasonable assistance includes the preparation of
				applications for grants where necessary.
B. The higher education department staff
				shall stay informed of trends in federal programs and report to the secretary
				promptly any problem regarding any federal program concerning higher
				education.
C. The staff is
				authorized to attend U.S. department of education conferences when requested to
				participate.
D. The higher
				education department will comply with requests for information submitted by the
				U.S. department of education and to prepare whatever reports are required
				concerning both public and private institutions of higher education in the
				state in order to supply the U.S. department of education with the information
				requested.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 2 - REQUIREMENTS FOR ESTABLISHING POST-SECONDARY INSTITUTIONS, LEARNING CENTERS, OR CAMPUSES › Section 5.2.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commission on Higher Education, 1068 Cerrillos Road, Santa
				  Fe, New Mexico, 87501, (505)827-7383.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 2 - REQUIREMENTS FOR ESTABLISHING POST-SECONDARY INSTITUTIONS, LEARNING CENTERS, OR CAMPUSES › Section 5.2.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All public post-secondary educational institutions, any local
				  public school board(s), or any community group wishing to establish within
				  their community a learning center or institution, or campus of an existing
				  learning center or institution, whose purpose is to offer post-secondary
				  educational services to citizens within the community. Proposals to establish
				  new campuses of existing two-year institutions within the current taxing
				  district of that two-year institution shall not be subject to the requirements
				  of 5 NMAC 2.2 [now 5.2.2 NMAC]. In addition, any employer wishing to offer
				  services only for the benefit of its employees shall not be subject to the
				  requirements of 5 NMAC 2.2 [now 5.2.2 NMAC]. Any local public school board(s)
				  wishing to join an existing contiguous taxing district of an existing
				  institution or branch campus must follow the requirements of 5 NMAC 2.2 [now
				  5.2.2 NMAC].
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 2 - REQUIREMENTS FOR ESTABLISHING POST-SECONDARY INSTITUTIONS, LEARNING CENTERS, OR CAMPUSES › Section 5.2.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  21-2-5 of the
				  Post-Secondary Educational Planning Act authorizes the commission on higher
				  education to identify cases where "establishment of new institutions and
				  programs are needed in order to meet the present and projected needs for
				  post-secondary education on a statewide basis in an effective and efficient
				  manner." Requirement that specific new educational sites receive approval from
				  the commission prior to their operation is established through a pattern of
				  statutory requirements, specifically in Sections 21-13-5,
				  21-14-2,
				  and
				  21-14A-3
				  NMSA 1978 (1996 Repl. Pamph.).
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 2 - REQUIREMENTS FOR ESTABLISHING POST-SECONDARY INSTITUTIONS, LEARNING CENTERS, OR CAMPUSES › Section 5.2.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1996 [unless a later date is cited at the end of
				  a section].
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 2 - REQUIREMENTS FOR ESTABLISHING POST-SECONDARY INSTITUTIONS, LEARNING CENTERS, OR CAMPUSES › Section 5.2.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 of Chapter 2 [now 5.2.2 NMAC] is to
				  delineate standards and procedures required to establish publicly supported
				  institutions, learning centers, or campuses of existing institutions or
				  learning centers, whose purpose is to provide or broker post-secondary
				  educational services in New Mexico. These standards and procedures are intended
				  to summarize statutory guidelines for the establishment of higher education
				  institutions as well as to define procedures for the creation of public
				  post-secondary educational learning centers. It is anticipated that these
				  learning centers will provide for rapid response to community needs and will
				  collaborate with existing institutions, public schools, government agencies and
				  the private sector to share resources in ways that promote efficiency and
				  productivity.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 2 - REQUIREMENTS FOR ESTABLISHING POST-SECONDARY INSTITUTIONS, LEARNING CENTERS, OR CAMPUSES › Section 5.2.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Campus: The
				grounds of an institution or learning center, whether leased or owned, upon
				which there is a continuous administrative presence, and which is identifiable
				by the community as belonging to the institution or learning center. The
				grounds upon which the primary administrative support for the governing board
				are found shall constitute the main campus of the institution or learning
				center. Other locations in which there is a continuous administrative presence
				shall constitute branch campuses.
B. Commission: The New Mexico commission on
				higher education.
C. Course
				provider: A regionally accredited institution that provides a course to an
				institution or learning center for inclusion in a program leading to a degree
				or a certificate provided by another institution, or for other educational
				purposes not associated with a degree or certificate program.
D. Delivery model: The organizational
				structure for providing access to post-secondary educational services. This can
				include institutions or learning centers.
E. Extended learning: The full range of
				available and developing modes for bringing instruction to learners, including
				live instructor delivery, instructional television, computer conferencing,
				video conferencing, audio conferencing, etc.
F. Institution: A public post-secondary
				educational organization whose primary purpose is to provide post-secondary
				educational services, which is governed by a statutorily or constitutionally
				created governing board, and which is eligible to receive state support.
				Institutions can include structures commonly called community colleges, branch
				community colleges, junior colleges, technical and vocational institutes, area
				vocational institutes, comprehensive or regional institutions, research
				institutions, and the statutorily defined instructional centers. Not included
				are learning centers, which broker services by [sic] which cannot provide
				services. Institutions can both directly provide and broker post-secondary
				educational services.
G. Learning
				center: A public organization whose purpose is to broker post-secondary
				educational services, but which cannot directly employ instructors to provide
				programs leading to degrees or certificates, which is governed by a community
				based governing board, and which is eligible to receive state support. Learning
				centers contract with program providers or course providers to offer services
				in the community.
H. Program
				provider: A regionally accredited institution that provides academic or
				vocational programs leading to degrees or certificates to an institution or a
				learning center on a contractual basis.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 2 - REQUIREMENTS FOR ESTABLISHING POST-SECONDARY INSTITUTIONS, LEARNING CENTERS, OR CAMPUSES › Section 5.2.2.9 - PRELIMINARY PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A sponsoring institution(s), board(s) of education, or
				  community group shall present to the commission a preliminary plan meeting the
				  specifications described below. The commission shall invite public comment on
				  the preliminary plan prior to reaching its decision regarding the justification
				  for further detailed planning and analysis of need.
A. The preliminary plan shall identify the
				organizing group, the entities that have been involved in the preparation of
				the preliminary plan, and the individuals primarily responsible for developing
				and advancing the request.
B. The
				preliminary plan shall indicate the post-secondary delivery model that the
				organizing group wishes to create. If the organizing group wishes to establish
				an institution by following one of the various statutes for creating a
				post-secondary institution, then that statute must be clearly
				identified.
C. The preliminary plan
				shall describe the rationale for establishing a new institution, learning
				center, or campus, including the principal arguments why existing institutions
				cannot meet the educational needs to be addressed by the proposed institution,
				learning center or campus. It shall describe existing post-secondary
				educational opportunities offered by both public and private institutions that
				may be available in the community including but not limited to:
				degree/certificate programs offered; courses offered leading to a degree or
				certificate but not a part of a degree or certificate program available in the
				community, and continuing education courses offered. For any programs or
				courses that are available, the plan should include a description of which
				post-secondary institution is offering those courses, the accreditation status
				of the offering institution, how those programs/courses are being delivered,
				why those offerings are insufficient, and why additional post-secondary
				education opportunities are needed in the community.
D. The preliminary plan shall describe the
				proposed governance structure for an institution or learning center.
E. The preliminary plan shall indicate the
				nature and level of educational programs to be provided. This should include a
				description of the rationale for choosing the proposed program(s).
F. The preliminary plan shall describe the
				population(s) and numbers of students to be served.
G. The preliminary plan shall describe the
				geographic area from which students are primarily expected to be
				enrolled.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 2 - REQUIREMENTS FOR ESTABLISHING POST-SECONDARY INSTITUTIONS, LEARNING CENTERS, OR CAMPUSES › Section 5.2.2.10 - LETTER(S) OF SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The organizing group must submit, along with the preliminary
				  plan, letters of support from existing community organizations or agencies
				  indicating their willingness to develop agreements to share facilities,
				  equipment, or other resources with the new institution, learning center, or
				  campus. If the proposal is to create a branch campus of an existing institution
				  or learning center, then a letter of endorsement from the governing board of
				  the institution or learning center must be included.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 2 - REQUIREMENTS FOR ESTABLISHING POST-SECONDARY INSTITUTIONS, LEARNING CENTERS, OR CAMPUSES › Section 5.2.2.11 - PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the preliminary plan and letter(s) of support,
				  local board(s) of education or interested community groups wishing to establish
				  either an independent community college or a technical-vocational institute
				  must also present a petition as required by Sections 21-13-4, 21-13-5,
				  21-16-3,
				  21-16-14,
				  and
				  21-16-15
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 2 - REQUIREMENTS FOR ESTABLISHING POST-SECONDARY INSTITUTIONS, LEARNING CENTERS, OR CAMPUSES › Section 5.2.2.13 - ENDORSEMENT OF THE DETAILED PLAN AND SURVEY

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of the detailed plan and survey, the commission
				  shall determine whether there is sound and verifiable empirical evidence of
				  significant need for establishing a new post-secondary entity that cannot be
				  met by existing post-secondary institutions, whether the proposed model
				  demonstrates a commitment to promoting innovation, collaboration, and
				  cooperation among institutions, government agencies, public schools, business,
				  and communities, whether the model will allow for rapid response to changing
				  community needs and allow for the easy elimination of programs that are no
				  longer necessary, whether the proposed model is the most efficient and
				  effective option for the community, whether the community is ready and equipped
				  to support the institution, learning center, or campus, and whether there is a
				  sufficiently high expectation that the proposed institution, learning center,
				  or campus will succeed in its mission at a cost acceptable to the state. If so,
				  the commission will endorse the creation of the new institution, learning
				  center or campus.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 2 - REQUIREMENTS FOR ESTABLISHING POST-SECONDARY INSTITUTIONS, LEARNING CENTERS, OR CAMPUSES › Section 5.2.2.14 - ELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
If the commission decides to endorse the establishment of the
				  institution, learning center or campus, the commission shall authorize an
				  election as required by the appropriate statute.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 3 - ESTABLISHMENT OF NEW PROGRAMS AND SERVICE AREAS FOR FOUR-YEAR PUBLIC POST-SECONDARY INSTITUTIONS › Section 5.2.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico Higher Education
				  Department
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 3 - ESTABLISHMENT OF NEW PROGRAMS AND SERVICE AREAS FOR FOUR-YEAR PUBLIC POST-SECONDARY INSTITUTIONS › Section 5.2.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All public four-year post-secondary institutions operating
				  within and receiving financial support from the state of New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 3 - ESTABLISHMENT OF NEW PROGRAMS AND SERVICE AREAS FOR FOUR-YEAR PUBLIC POST-SECONDARY INSTITUTIONS › Section 5.2.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for 5.2.3 NMAC is found in NMSA 1978 Sections
				  21-1-26,
				  21-1-26.3,
				  21-2-5, and
				  21-2A-11
				  (1996 Repl. Pamph.).
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 3 - ESTABLISHMENT OF NEW PROGRAMS AND SERVICE AREAS FOR FOUR-YEAR PUBLIC POST-SECONDARY INSTITUTIONS › Section 5.2.3.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 3 - ESTABLISHMENT OF NEW PROGRAMS AND SERVICE AREAS FOR FOUR-YEAR PUBLIC POST-SECONDARY INSTITUTIONS › Section 5.2.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 15, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 3 - ESTABLISHMENT OF NEW PROGRAMS AND SERVICE AREAS FOR FOUR-YEAR PUBLIC POST-SECONDARY INSTITUTIONS › Section 5.2.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				5.2.3 NMAC is to establish the effective planning and delivery of four-year
				public post-secondary educational programs and services throughout New Mexico,
				with due regard for economy and efficiency of delivery and the avoidance of
				unnecessary program duplication.
B.
				This policy recommendation acknowledges that New Mexico is a diverse state and
				flexibility in serving different regions must be embedded and honored in the
				implementation of this policy. Since state resources are limited, the purpose
				of 5.2.3 NMAC is to create a more efficient structure for the delivery of
				programs and services, without limiting local community options for services to
				be provided by preferred educational providers.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 3 - ESTABLISHMENT OF NEW PROGRAMS AND SERVICE AREAS FOR FOUR-YEAR PUBLIC POST-SECONDARY INSTITUTIONS › Section 5.2.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico higher education department.
B. "DFA" means the state of New Mexico
				division of finance and administration.
C. "LC" means the state of New Mexico
				legislative council.
D. "LESC"
				means the state of New Mexico legislative education study committee.
E. "LFC" means the state of New Mexico
				legislative finance committee.
F.
				"Advisory board" means the New Mexico higher education advisory
				board.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 3 - ESTABLISHMENT OF NEW PROGRAMS AND SERVICE AREAS FOR FOUR-YEAR PUBLIC POST-SECONDARY INSTITUTIONS › Section 5.2.3.8 - ESTABLISHMENT OF NEW PROGRAMS AND SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. As four-year institution begins
				preparation, or wishes to expand, to offer instructional programs in a
				community wherein it has not previously offered programs or if it wishes to
				expand current offerings in a community other than the one in which the
				institution is located, it must notify the department. The department then
				notifies all public institutions, DFA, LFC, and the state board of finance.
				Objections must be filed with the department within thirty (30) days.
				Objections may be filed by any notified entity.
B. Following notification of an objection,
				the presidents and the chairs of the governing boards of the involved
				institutions are required to meet with the secretary of higher education to
				discuss the problem and develop a resolution. If the department is the
				objector, a representative of the DFA or state board of finance will preside
				over the meeting.
C. If a
				resolution cannot be developed, the secretary of higher education will convene
				a third party to review the context and details of the objection. The third
				party review will occur within sixty (60) days. The third party will be a nine
				(9) member committee authorized to make a final recommendation. The makeup of
				the committee as determined by the secretary and confirmed with the governor's
				chief of staff will be the following:
(1)
				three (3) executive members (DFA, governor's office, NMHED);
(2) three (3) legislative members (LC, LESC,
				LFC);
(3) three (3) higher
				education members (community college, regional university, research
				university); these individuals are selected by the higher education advisory
				board.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 4 - GEOGRAPHIC AREAS OF RESPONSIBILITY › Section 5.2.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All public two-year postsecondary institutions operating
				  within and receiving financial support from the state of New Mexico, offering
				  associate degree and certificate programs.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 4 - GEOGRAPHIC AREAS OF RESPONSIBILITY › Section 5.2.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for 5.2.4 NMAC is found in NMSA 1978 Sections
				  21-1-26,
				  21-1-26.3,
				  21-2-5, and
				  21-2A-11
				  (1996 Repl. Pamph.).
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 4 - GEOGRAPHIC AREAS OF RESPONSIBILITY › Section 5.2.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 1, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 4 - GEOGRAPHIC AREAS OF RESPONSIBILITY › Section 5.2.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				5.2.4 NMAC is to establish geographic areas of responsibility encompassing the
				entire state to facilitate the effective planning and delivery of public
				two-year postsecondary educational programs and services throughout New Mexico,
				with due regard for economy and efficiency of delivery and the avoidance of
				unnecessary program duplication.
B.
				This policy acknowledges that New Mexico is a diverse state and flexibility in
				serving different regions must be embedded and honored in the implementation of
				this policy. Since state resources are limited, the purpose of 5.2.4 NMAC is to
				create a more efficient structure for the delivery of programs and
				services.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 4 - GEOGRAPHIC AREAS OF RESPONSIBILITY › Section 5.2.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico higher education department.
B. "Existing programs" means academic,
				career-technical, and remedial programs leading to a certificate or associate
				degree that was offered by a two-year public postsecondary institution within a
				geographic area of responsibility as of January 1, 2006.
C. "Geographic area of responsibility (GAR)"
				is an assigned geographic region encompassing one or more public school
				districts where a public postsecondary educational institution has the
				exclusive right to meet the lower division postsecondary educational needs of
				the area, subject only to the limitations imposed by its enabling legislation
				and consistent with the provisions of this policy.
D. "Two-year postsecondary institution" is a
				publicly supported postsecondary educational institution that has the exclusive
				right to meet the lower division postsecondary educational needs of this
				assigned geographic region, subject only to limitations imposed by its enabling
				legislation and consistent with the provisions of this policy, including the
				two-year programs of western New Mexico university and northern New Mexico
				college.
E. "Host institution"
				means the public postsecondary educational institution that has been assigned
				to a geographic area of responsibility.
F. "Partner institution" means a public
				two-year postsecondary educational institution that agrees through a formal
				memorandum of understanding to provide educational programs and services within
				a geographic area of responsibility assigned to another public two-year
				postsecondary educational institution.
G. "Right of first refusal" means that an
				institution assigned to a geographic area of responsibility must first decline,
				in writing, to the New Mexico higher education department within 60 days, to
				provide requested educational services before another New Mexico public
				postsecondary institution may offer those services in that service area. This
				provision shall not apply to existing programs as defined in this
				policy.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 4 - GEOGRAPHIC AREAS OF RESPONSIBILITY › Section 5.2.4.8 - ESTABLISHMENT OF GEOGRAPHIC AREAS OF RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. By April 16, 2007, each public
				postsecondary institution offering associate degrees and certificate programs,
				upon approval of its governing board, shall petition the department to
				establish a GAR for the institution. The proposed GAR shall consist of all
				public school districts or portions thereof which are currently part of the
				local taxing district that supports the institution, or areas outside of its
				taxing district which the institution has historically served (grandfather
				clause).
B. By May 1, 2007, the
				department shall assign GARs to each public postsecondary educational
				institution offering associate degrees and certificate programs in such a
				manner that all geographic areas of the state are included.
C. The department shall consider the
				following factors, while determining which public school districts are to be
				assigned to the GAR for each public postsecondary institution:
(1) boundaries of the current local taxing
				district, if applicable;
(2) market
				share of existing educational services within the proposed GAR as determined
				through an analysis conducted by the department;
(3) county boundaries, public K-12 districts
				or portions thereof that have provided courses and/or programs prior to the
				implementation of this policy by a two-year institution, i.e. the
				"grandfathering in" of areas served by a two-year institution outside of its
				taxing district;
(4) boundaries of
				the local small business development center (SBDC) service area shall be given
				consideration if college level coursework has historically been provided within
				the assigned SBDC region;
(5)
				requested boundaries of the proposed service area outside of the current taxing
				district; this could include areas in which more than one institution is
				currently providing services, as well as areas where no services are currently
				provided.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 4 - GEOGRAPHIC AREAS OF RESPONSIBILITY › Section 5.2.4.9 - RESPONSIBILITIES OF HOST INSTITUTION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon assignment of a GAR by the department, the host
				  institution shall assume the following responsibilities.
A. Coordinate a needs assessment to determine
				the programs needed to support current and future workforce demands within the
				GAR.
B. Provide educational
				services to address identified needs in a cost-effective and efficient manner.
				These services may include lower-division course work offered for academic
				credit, dual-credit programs, developmental education services, adult basic
				education and literacy programs, and non-credit workforce training and
				community education programs.
C.
				Partner with other two-year postsecondary educational institutions to serve the
				needs of the GAR by serving as a broker to bring in appropriate programs not
				offered by the host institution.
D.
				Maintain the facility and support services, unless otherwise negotiated with
				partnering institutions.
E. Assume
				the leadership role in providing library services.
F. Provide leadership in the crafting of a
				memorandum of understanding (MOU) with partnering institutions, which shall
				define the programs and services to be provided by each party and provide for a
				fair and equitable distribution of tuition and formula revenue resources. At a
				minimum, each MOU must address the following issues:
(1) cost and revenue sharing
				arrangements;
(2) student credit
				hour reporting arrangements;
(3)
				accommodations for alternative delivery methods at the receive site;
(4) arrangements and responsibilities for
				evaluating the effectiveness of the joint venture;
(5) provision of student support
				services;
(6) provision of academic
				support services; and
(7) provision
				for termination in the event necessary.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 4 - GEOGRAPHIC AREAS OF RESPONSIBILITY › Section 5.2.4.10 - DISTRIBUTION OF REVENUES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Revenues generated by programs offered within the GAR by the host institution
				shall belong to the host institution. The host institution may assess tuition
				and fees as necessary to cover the cost of all programs and services offered
				within the GAR, including appropriate surcharges for services provided outside
				of the institution's taxing district.
B. Distribution of revenues generated as a
				result of programs offered by a partner institution within the geographic area
				of responsibility of a host institution shall be divided between the
				institutions based on the MOU approved by the governing boards of the
				institutions.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 4 - GEOGRAPHIC AREAS OF RESPONSIBILITY › Section 5.2.4.11 - IMPLEMENTATION OF POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
The department recognizes that implementation of this policy
				  must recognize the current status of state-supported postsecondary educational
				  services within newly-defined GARs.
A.
				The provisions of this policy do not apply to existing programs as defined in
				5.2.4.7 NMAC. Existing programs offered within any GAR shall continue to be
				eligible for formula funding as provided in 5.3.12 NMAC.
B. A governing board has the authority to
				approve and offer a new competing program in a GAR to which their institution
				is not designated. However, the competing program will not receive state
				formula funding support through the higher education funding formula.
C. The provisions of this policy do not apply
				to programs or courses delivered via instructional television or web-based
				instruction.
D. The provisions of
				this policy do not apply to tribal governments or schools which may broker
				educational services from any public or private postsecondary educational
				institution.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 2 - ESTABLISHMENT OF POST-SECONDARY EDUCATIONAL INSTITUTIONS › Part 4 - GEOGRAPHIC AREAS OF RESPONSIBILITY › Section 5.2.4.12 - TEMPORARY PROVISION

Current through Register Vol. 35, No. 13, July 16, 2024
Until such time as the department approves a network of GARs
				  encompassing the entire state, the department maintains that each two-year
				  institution's local taxing district shall constitute its GAR for the direct
				  provision of lower division instruction, subject only to limitations imposed by
				  its enabling legislation, and otherwise consistent with the provisions of this
				  policy.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico Commission on Higher Education, 1068
				  Cerrillos Road, Santa Fe, New Mexico 87501-4295, (505)
				  827-7383.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5 NMAC 3.3 [now 5.3.4 NMAC] apply to all state
				  public post secondary institutions in the state of New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  21-1-26
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a different date is cited at the
				  end of a section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.6 - OBJECTIVE AND PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 5 NMAC 3.4 [now 5.3.4 NMAC] is to establish
				  a policy and guidelines for the review and approval of institutional operating
				  budgets.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Commission" means the New Mexico commission on higher
				  education.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.8 - GENERAL PRINCIPLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				commission will review the operating budgets. As a matter of information, the
				budgets will be viewed in light of the factors utilized in the funding
				formulas. However, it is the commission's policy that when the appropriation
				has been made to the institution, its governing board can, in general, adopt an
				operating budget within the limits of available income.
B. Budgets shall be comprehensive, reflecting
				the total program and activities of the institution. Budgets shall conform to
				the principles and procedures contained in the commission financial reporting
				manual. To the extent feasible, developments expected to materialize within the
				fiscal year should be reflected in the original operating budget.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.9 - SCOPE OF COMMISSION REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
Budgets will be carefully checked for the following:
A. arithmetic accuracy and cross
				referencing;
B. reasonableness of
				amounts of revenue budgeted;
C.
				budgeted expenditures being within budgeted resources;
D. consistency with the commissions financial
				reporting manual;.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.10 - ITEMS OF BUDGETARY CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
The total expenditures in each of the following budgetary
				  functions will be used as the items of budgetary control. Total expenditures or
				  transfers in each of these items of budgetary control may not exceed the amount
				  shown in the approved budget.
A.
				Unrestricted expenditures and restricted expenditures.
B. Instruction and general.
C. Each budget function in current funds
				other than instruction and general (exhibits 15 - 22).
D. Within the plant funds budget: major
				projects, library bonds, equipment bonds, minor capital outlay, renewals and
				replacements, and debt service.
E.
				Each individual item of transfer between funds and/or functions.
Compiler's note: Subsection C of 5.3.4.10 contains a
					 reference to exhibits 15 - 22. The exhibits were not submitted with the rule
					 material filed.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.11 - MAJOR CAPITAL OUTLAY PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
Major capital outlay projects for which commission on higher
				  education and board of finance approval is required may be budgeted, but funds
				  will not be expended until final approval has been secured from these boards
				  and the contract let.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 3 - POST-SECONDARY EDUCATION INSTITUTION FINANCES › Part 4 - OPERATING BUDGETS - APPROVAL BY COMMISSION ON HIGHER EDUCATION › Section 5.3.4.12 - BUDGET ADJUSTMENT REQUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The executive director will approve budget revisions meeting the tests of
				paragraphs 12.3.2 and 12.3.3 [now Paragraphs (2) and (3) of Subsection C of
				5.3.4.12 NMAC] without action by the commission. He will use his discretion
				regarding a revision falling under paragraph 12.3.4 [now Paragraph (4) of
				Subsection C of 5.3.4.12 NMAC]; he may approve it if he finds it to be in the
				best interests of the institution and the state, or he may hold it and refer it
				to the next meeting of the commission for decision.
B. After a budget revision has been approved
				by the executive director of the commission, it will be transmitted for
				approval by the budget division of the department of finance and
				administration.
C. The following
				principles will govern commission on higher education approval of budget
				revisions:
(1) Budget adjustment requests must
				be approved by the institution's governing board before it is submitted to the
				commission for approval.
(2)
				Institutions may expect automatic approval where a requested increase in
				restricted expenditures in an item subject to budgetary control is accompanied
				by an increase in restricted income for that item sufficient to cover the
				increased expenditure.
(3) Budget
				revisions involving simply the budgeting of a major capital outlay project
				following approval by the commission on higher education, the board of finance
				when appropriate, and the letting of the contract, or involving the budgeting
				of receipts for capital outlay following action or approval of the commission
				on higher education and the board of finance, will be automatically
				approved.
(4) Budget revisions
				other than those covered by paragraphs 12.3.2 and 12.3.3 [now Paragraphs (2)
				and (3) of Subsection C of 5.3.4.12 NMAC] will be subjected to a more detailed
				review by the commissions staff.