Disciplinary actions; civil penalties

A. A person shall not: (1) operate a career school or nonregionally accredited college or university within the state until that school has been licensed by the department; (2) operate a regionally accredited college or university within the state until that college or university has registered with the department; (3) deny enrollment to or make any distinction or classification of students in the program or practices of any post-secondary educational institution under the jurisdiction of the department on account of race, color, culture, ancestry, national origin, sex, age, religion or disability; or (4) solicit, directly or through an agent or employee, the enrollment of any person in a post-secondary educational institution within the state by the use of fraud, misrepresentation or collusion. B. Whoever violates any provision of this section may be assessed a civil penalty not to exceed five hundred dollars ($500) per day per violation. Civil penalties shall be credited to the current school fund as provided in Article 12, Section 4 of the constitution of New Mexico. C. After an investigation, the department may take any one or a combination of the following disciplinary actions against a post-secondary educational institution registered or licensed in accordance with the Post-Secondary Educational Institution Act: (1) revoke a license; (2) revoke the registration, if the institution has had its regional accreditation revoked by its accrediting agency; (3) assess a civil penalty as provided in Subsection B of this section; or (4) impose probation requirements. History: 1953 Comp., § 73-40-9, enacted by Laws 1971, ch. 303, § 9; 1975, ch. 148, § 10; 1994, ch. 108, § 13; 2005, ch. 223, § 8; 2013, ch. 59, § 12.