New Mexico Administrative Code

A. Upon receipt of a student complaint, the department shall determine whether the complaint meets initial criteria to permit use of the department's complaint procedure. The following initial complaint criteria must be satisfied: (1) A student must file a complaint with the depa…

A. The department shall assess application, administrative, and licensing fees, pursuant to Section 21-23-6.3 NMSA 1978, and publish a fee schedule. B. The department shall assess an administrative fee for providing the services associated with application review and determinatio…

A. Licensed institutions shall annually submit a standard reporting form on a deadline set by the department and make available to the prospective student. B. The department shall promulgate a standard form for annual reporting including, but not limited to: (1) curriculum and en…

The department may conduct a site visit at any time to evaluate institutional compliance with all applicable laws and regulations. The department may request documents or access to files to evaluate compliance. The department may request inspection of the institution's records, w…

A. Institutions that do not have state authorization or have not been granted express exemption by the department, and meet the definition of physical presence in New Mexico, shall be notified by certified mail that they shall cease immediately offering instruction or enrolling n…

A. The department may revoke an institution's license to operate or approval to offer a specific degree program(s) at any time, upon finding that (1) any statement made in the institution's application for licensure is untrue; (2) the institution has failed to maintain the facult…

An applicant that fails to satisfactorily meet the requirements of Section 5.100.7.10 NMAC or fails to adequately address the specific criteria set forth in Section 5.100.7.10 NMAC shall be subject to denial of licensure. If the department contemplates denial of licensure to any …

Provisions of 5.100.7 NMAC apply to all private post-secondary institutions that meet the standards set by the department to obtain state authorization under the licensure status of the post-secondary educational institution act within the state of New Mexico.

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 ov…

Permanent

December 26, 2017 unless a later date is cited at the end of a section.

A. Each private post-secondary institution operating with a physical presence in New Mexico shall be subject to provisions of the ("the act") unless expressly exempted by the department. (1) Engaging in one or more of the following activities constitutes a physical presence in Ne…

A. "Accreditation" means a verified accreditation status with an accrediting agency recognized by the United States department of education that accredits institutions, as a means of assuring quality instruction. B. "Career school" means a private post-secondary educational insti…

A. An institution seeking state authorization through licensure must submit a complete application and all supporting documentation as described in 5.100.7.10 NMAC. The department shall create application forms for institutions to apply for licensure. B. A branch campus that oper…

The department will determine the type of license an institution is eligible to receive based on standards set by the department. An institution with a provisional license or license holds state authorization to operate in New Mexico: A. Provisional License: An institution that h…

New Mexico Higher Education Department.

A. A post-secondary institution operating with a physical presence in the state of New Mexico that has served notice of closure, intent to cease program offerings that contain enrolled students or intent to make a substantial change to location shall provide to the department a t…

A. A post-secondary institution operating with a physical presence in the state of New Mexico upon submitting intent to close must ensure that records are in compliance with the functional records retention and disposition schedule in 1.21.2 NMAC, the records retention schedule s…

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 5.100.8 NMAC. Th…

Provisions of 5.100.8 NMAC apply to all private post-secondary institutions operating within the state of New Mexico.

Section 9-25-1 et seq. NMSA 1978, Section 21-1-26 NMSA 1978 and Section 21-23-1 et seq. NMSA 1978. The Post-Secondary Educational Institution Act, Sections 21-23-1 et seq. NMSA 1978 authorizes the New Mexico higher education department ("department") to establish standards for cl…

Permanent

December 26, 2017 unless a later date is cited at the end of a section.

No private post-secondary institution shall cease operation within New Mexico or make a substantial change to location without providing notice to the department and complying with the provisions set out in this rule. Institutions operating with a physical presence in New Mexico …

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 t…

A. A post-secondary institution operating with a physical presence in the state of New Mexico shall provide formal written notice of closure to the department immediately upon gaining actual knowledge of the institution's intent to close but in no case less than 90 days prior to …

A. A post-secondary institution operating with a physical presence in New Mexico that intends to cease operations, cease program offerings that contain enrolled students, or make a substantial change to location must present a plan to the department. B. Post-secondary institution…

Commission on Higher Education, 1068 Cerrillos Road, Santa Fe, New Mexico, 87501, (505)827-7383.

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,…

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, …

After reviewing the preliminary plan, if the commission determines that there is sufficient need for post-secondary educational services that cannot be met by existing institutions, that the proposed model promotes efficiency and effectiveness through the sharing of all types of …

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 …

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.

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-secon…

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 statew…

Permanent.

November 30, 1996 [unless a later date is cited at the end of a section].

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 e…

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 admini…

A. The commission believes that extended learning programs from existing institutions can offer high quality post-secondary educational services to under served communities in an efficient manner. Therefore, communities should collaborate with existing institutions to meet educat…

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 ju…

State of New Mexico Higher Education Department

All public four-year post-secondary institutions operating within and receiving financial support from the state of New Mexico.

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.).

Permanent.

May 15, 2007, unless a later date is cited at the end of a section.

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 duplicati…

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 committe…

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…

State of New Mexico Higher Education Department