New Mexico Administrative Code

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 surcha…

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 …

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…

All public two-year postsecondary institutions operating within and receiving financial support from the state of New Mexico, offering associate degree and certificate programs.

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.).

Permanent.

May 1, 2007, unless a later date is cited at the end of a section.

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 …

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 o…

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 distric…

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 addre…

State of New Mexico higher education department, 2044 Galisteo Street, Suite 4, Santa Fe, New Mexico 87505-2100, (505)476-8400.

For purchase of real property, institutions must submit to the department: A. a legal description of the property; B. a copy of the appraisal and a report from the property tax division of the taxation and revenue department containing their appraised value; C. a site improvement…

The department's approval process will proceed as follows: A. The department's staff will review the proposed project and will present the project to the capital outlay committee in advance of the meeting at which the project is to be acted upon. B. Representatives of the institu…

A. When the development of a project has reached the stage just short of advertising for bids, if substantial changes have occurred in the size of the project, types of spaces, or estimated costs, the institution should resubmit the appropriate forms and plans to the department's…

Notice of the sale or trade of real property must be submitted to department staff when the property exceeds a current appraisal value of one hundred thousand ($100,000). The following information should be submitted: A. a description of the land parcel being sold or traded, incl…

The capital outlay committee or the department may modify or suspend any of these procedures to expedite projects which are necessary to address emergency situations. A. Deadline dates: 30 days prior to the capital outlay committee meeting at which approval is requested. B. Repor…

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

Section 21-1-21 NMSA 1978, Sections 21-2A-1 et seq. NMSA 1978, Section 9-25-13 NMSA 1978, and Section 9-25-8 NMSA 1978.

Permanent.

October 31, 2017.

A. The objective of 5.3.10 NMAC is to assume responsibility for approving all building construction, major remodeling projects, and purchases of real property at public post-secondary educational institutions. B. The purpose of 5.3.10 NMAC is to provide approval of proposed capit…

A. "Capital outlay committee" means the standing committee of the New Mexico department of higher education that reviews all capital projects. B. "Department" means the New Mexico department of higher education. C. "FTE enrollments" means the total number of student credit hours …

Following are the principles and procedures for approval of proposed capital outlay projects: A. All projects submitted for department approval must have the prior approval of the institution's governing board. B. Proposed projects should be consistent with the institutions long-…

For construction, renovation, or site improvement projects, institutions must complete the department capital request forms and ensure that information is provided on: A. need for the proposed facility or improvement and a discussion of how the project relates to the overall inst…

State of New Mexico Higher Education Department

The EFOP is administered by the department for institutions found to exhibit risk factors indicating potential problems of finance. An institution assigned by the department to participate in the EFOP will be considered by the department to be on EFOP status until the institution…

If in its evaluation of fiscal health the department determines that potential problems of finance exist within the institution, the department shall issue notice of contemplated EFOP status to the institution. The notice shall indicate the risk factor(s) identified by the depart…

The institution shall schedule an initial meeting with the department within 30 days of issuance of notice of contemplated EFOP status. Representatives from the institution in attendance at the initial meeting shall include the president of the institution, the chair of the gover…

Within 15 days of the initial meeting, the department shall issue notice regarding its decision of whether the institution will be placed on EFOP status to the president of the institution, the chair of the governing board, and the chief financial officer of the institution via c…

A. The institution shall submit to the department a corrective action plan to redress the risk factor(s) identified in the notice of EFOP status, within 30 days of the department's issuance of notice of EFOP status. B. The institution may consult with the department in developing…

A. An institution placed on EFOP status shall provide periodic financial reports, as determined by the department, in accordance with deadlines set by the department. B. The department shall establish additional financial reporting requirements for an institution placed on EFOP s…

A. An on-site verification visit may be scheduled at any campus location of an institution on EFOP status. During its on-site verification visit, the department may: (1) seek to verify any information reported by the institution; (2) determine the institution's compliance with EF…

A. An institution on EFOP status shall keep the department informed of any new risk factor or risk factors that develop at the institution. The institution shall report any new risk factor(s) immediately upon gaining actual knowledge of the new risk factor(s), but no more than 10…

A. The EFOP status of an institution shall remain in effect until the department determines the risk factor(s) that led to the status have been substantially mitigated or eliminated. Once the department determines EFOP status may be removed, a letter issuing notice of removal fro…

A. The following conditions shall constitute institutional non-compliance with EFOP: (1) failure to schedule or attend the initial meeting pursuant to 5.3.11.12 NMAC; (2) failure to submit a corrective action plan pursuant to 5.3.11.14 NMAC; (3) failure to obtain department appro…

Provisions of 5.3.11 NMAC apply to all public higher education institutions operating within and receiving financial support from the state of New Mexico.

Section 9-25-8 NMSA 1978, Section 21-1-26 NMSA 1978, Section 21-1-26.3 NMSA 1978, Section 21-1-26.12 NMSA 1978, and Section 21-1-33 NMSA 1978.

Permanent.

December 11, 2018, unless a later date is cited at the end of a section.

The objective of 5.3.11 NMAC is to: A. establish regulations and procedures for the fiscal oversight of institutions designated in Article 12, Section 11 of the Constitution of New Mexico and any other public higher education institutions operating within and receiving financial …

A. "Accrediting agency" means an accrediting agency recognized by the United States department of education that has issued an accreditation status to the institution. B. "Attorney general" means the New Mexico office of the attorney general. C. "Board" or "Governing Board" means…

A. Institutions shall file financial reports in accordance with deadlines set by the department, pursuant to a schedule published by the department. The department shall make the published reporting schedule available on its website. B. Institutions shall submit all requested doc…

The department shall evaluate the reports submitted pursuant to 5.3.11.8 NMAC, in order to ensure accountability, detect potential problems of finance, and to evaluate fiscal health of institutions. In its evaluation, the department will assess potential risk factors exhibited by…

State of New Mexico Higher Education Department

In order to ensure uniformity and equity in the implementation of this policy, it is necessary to clarify and make formal certain concepts and credit reporting procedures. Institutions must report the student credit hours that they generate in categories according to enrollment a…

All public post-secondary educational institutions operating within and receiving financial support from the State of New Mexico.

Authority for 5.3.12 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.

September 30, 1996.