New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.11 - APPROVAL BY THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before
				submitting an application to create a new graduate program, an institution must
				have completed all institutional reviews required by the institution, including
				approval by the board of regents.
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. A completed application shall include
				approval by the New Mexico council of graduate deans. It is the sole
				responsibility of the institution to comply with all requirements of the
				council of graduate deans and seek approval within a timeframe that allows the
				institution to comply with all necessary deadlines set by the
				department.
D. The department shall
				conduct initial review of an 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 its initial review and determines that the application is correctly
				and fully completed.
E. 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.
F. 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.
G. 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.
H. The advisory
				committee may recommend to approve, disapprove, or return a proposal to the
				sponsoring institution, for modification.
I. After receiving a recommendation from the
				advisory review committee, the department cabinet secretary shall make the
				final written determination as to whether the new program shall be presented to
				the New Mexico state board finance within 10 business days after the advisory
				review committee meeting.
J. At any
				point during the review process, the institution may withdraw its
				application.
K. If the department
				cabinet secretary determines the application for a new graduate program will
				not be presented to the New Mexico state board of finance, the institution may
				file an appeal to the department within 10 business days of issuance of the
				decision by the department cabinet secretary. The appeal must contain the
				institution's arguments for reversal of the decision, clearly labeled
				accordingly. 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 the 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.