Chapter 21 — Chapter 21

The department shall make annual reports to the governor and the legislature prior to each regular session of its activities, the loan repayment awards granted and the title and job duties of each loan recipient. The report shall also include any contract cancellations and any en…

This act [21-22J-1 to 21-22J-7 NMSA 1978] may be cited as the "Veterinary Medical Loan Repayment Act". History: Laws 2025, ch. 53, § 1.

As used in the Veterinary Medical Loan Repayment Act: A. "award" means the loan repayment award granted to a recipient; B. "committee" means the veterinarian selection committee; C. "department" means the higher education department; D. "designated underserved area" means a munic…

areas; committee; eligibility and selection; applicant qualifications. A. The department may: (1) promulgate rules to implement the provisions of the Veterinary Medical Loan Repayment Act, including the factors to be used to identify designated underserved areas of the state; (2)…

A. Award criteria shall provide that: (1) amounts are dependent on the location and characteristics of the medical practice and the applicant's total veterinary medical school indebtedness; (2) preference in making awards shall be to persons who have graduated from a post-seconda…

enforcement. A. The department, with recommendation from the committee, may cancel a contract made between the department and a recipient for the recipient's failure to comply with provisions of the contract, the Veterinary Medical Loan Repayment Act, rules promulgated in accorda…

The "veterinary medical loan repayment fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. Money in the fund shall be used to make awards to recipients who are in comp…

The department shall make annual reports to the governor and the legislature prior to each regular legislative session of the department's activities, including cohort data and annual and total program data that shows: A. the number and amount of awards given; B. the completion r…

This act [21-22K-1 to 21-22K-5 NMSA 1978] may be cited as the "Public Service Loan Forgiveness Multiplier Act". History: Laws 2025, ch. 90, § 1.

As used in the Public Service Loan Forgiveness Multiplier Act: A. "certifying employment" means either completing the employer sections of the public service loan forgiveness form or sharing data directly with the United States department of education that corresponds to the info…

determination of full-time employment. A. For the purposes of certifying employment for the public service loan forgiveness program for employees who are former or current adjunct professors or contingent faculty at a post-secondary educational institution, a public service emplo…

form; calculation of time worked. A. In the event that the United States department of education permits public service employers to certify employment for past or present individual employees or groups of employees directly with the United States department of education or its a…

employer duties; dissemination of loan forgiveness information. A. The secretary of higher education or the secretary's designee shall develop and update, as necessary, materials designed to promote and increase awareness of the public service loan forgiveness program. The secret…

Chapter 21, Article 23 NMSA 1978 may be cited as the "Post-Secondary Educational Institution Act". History: 1953 Comp., § 73-40-1, enacted by Laws 1971, ch. 303, § 1; 1975, ch. 148, § 1; 1994, ch. 108, § 2.

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…

The department or any state or local prosecuting officer may, by request or on the officer's own motion, bring an appropriate action in any court of competent jurisdiction to enforce the provisions of the Post-Secondary Educational Institution Act. History: Laws 1994, ch. 108, § …

All post-secondary educational institutions existing prior to July 1, 1994 shall have ninety days to register or to apply for a license in accordance with the terms of the Post- Secondary Educational Institution Act. History: 1953 Comp., § 73-40-10, enacted by Laws 1971, ch. 303,…

The higher education department shall cooperate with federal and other state agencies in administering the provisions of the Post-Secondary Educational Institution Act. The secretary of state shall cooperate with the higher education department by identifying post-secondary educa…

The department shall follow the procedures set out in the Uniform Licensing Act [61- 1-1 to 61-1-31 NMSA 1978] in administering the provisions of the Post-Secondary Educational Institution Act. When the Uniform Licensing Act refers to the process of examination, that process mean…

The issuance of a license by the department does not constitute accreditation by it for any purpose. Any representation to the contrary is a misrepresentation for the purposes of Section 21-23-10 NMSA 1978 and is prohibited. History: 1953 Comp., § 73-40-13, enacted by Laws 1975, …

A. No post-secondary educational institution shall terminate its operation within the state until: (1) the institution has made reasonable efforts with another public or private post-secondary educational institution that provides a comparable education to facilitate and provide …

A. Every private post-secondary educational institution shall disclose to every prospective student prior to enrollment the total estimated cost of attendance for the prospective student's program, including: (1) tuition and fees normally assessed a student carrying the same acad…

The purpose of the Post-Secondary Educational Institution Act is to improve the quality of private post-secondary education, to prevent misrepresentation, fraud and collusion in offering educational programs to persons over the compulsory school attendance age and to protect cons…

As used in the Post-Secondary Educational Institution Act: A. "career school" means a private post-secondary educational institution offering a formal educational curriculum in New Mexico for a fee to members of the general public beyond compulsory school age, terminating in a ce…

A. The Post-Secondary Educational Institution Act does not apply to or affect: (1) a post-secondary educational institution that is established by name as an educational institution by the state through a charter, constitutional provision or other action and is supported in whole…

A. The department is charged with oversight of all private post-secondary educational institutions operating within the state. B. The department shall provide for the registration of all regionally accredited colleges and universities operating in the state pursuant to the Post-S…

materials. A. Every college or university operating in New Mexico that is regionally accredited or seeking regional accreditation by an accrediting agency approved by the department shall register with the department. B. A college or university registering with the department pur…

and universities. A. A career school or nonregionally accredited college or university operating in New Mexico shall be licensed by the department. It is unlawful to operate a career school or nonregionally accredited college or university without first obtaining a license from t…

A. Every career school and nonregionally accredited college and university operating in the state shall annually apply to the department for licensure. The career school and nonregionally accredited college or university shall apply on forms approved by the department, shall supp…

A. The department may establish initial application fees for all colleges, universities or career schools seeking to operate in New Mexico. The initial application fee shall be not less than two hundred dollars ($200) or more than five thousand dollars ($5,000). In setting the fe…

A. Any person having a claim against a college, university or career school registered or licensed by the department or that college's, university's or career school's agents, instructors or other personnel shall first seek resolution of the claim with the college, university or …

A. A college, university or career school registered or licensed by the department shall post with the department and maintain in effect a surety bond. The bond shall be payable to the department and shall be sufficient in amount to indemnify any student damaged as a result of fr…

There is created in the state treasury the "post-secondary educational institution fund". Money appropriated to this fund or accruing to it through gifts, grants or bequests shall not be transferred to another fund or encumbered or disbursed in any manner except for the administr…

ANNOTATIONS Repeals. — Laws 1994, ch. 108, § 29 repealed 21-23-9 NMSA 1978, as enacted by Laws 1975, ch. 148, § 9, relating to transfer of funds, effective July 1, 1994. For provisions of former section, see the 1993 NMSA 1978 on NMOneSource.com.

Sections 2 through 7 [21-23A-1 to 21-23A-6 NMSA 1978] of this act may be cited as the "American Indian Post-Secondary Education Act". History: Laws 2009, ch. 60, § 2.

As used in the American Indian Post-Secondary Education Act: A. "bureau of Indian education school" means a school located in New Mexico that is under the control of the bureau of Indian education of the United States department of the interior; B. "department" means the higher e…

A. The department shall consult with tribes, bureau of Indian education schools and tribal colleges when adopting rules to carry out the provisions of the American Indian Post-Secondary Education Act. B. The secretary may enter into memoranda of understanding with tribal colleges…

duties. A. The division shall: (1) develop and implement policies that positively affect the post-secondary educational success of American Indian students; (2) provide assistance to public post-secondary educational institutions and tribal colleges in the planning, development, …

A. Each public post-secondary educational institution shall submit an annual American Indian post-secondary education status report to the division. The department may enter into agreements with tribal colleges to provide the same annual status reports. The status reports shall b…

grants; applications. A. The "American Indian post-secondary education fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. The fund shall be administered by the depart…

Sections 1 through 6 [21-23B-1 to 21-23B-6 NMSA 1978] of this act may be cited as the "Interstate Distance Education Act". History: Laws 2015, ch. 23, § 1.

As used in the Interstate Distance Education Act: A. "accreditation" means the status of public recognition that an accrediting agency recognized by the United States department of education pursuant to Title 4 of the federal Higher Education Act of 1965 grants to an institution …

A. The department shall establish a program for facilitating: (1) the receipt of distance education by students in the state; and (2) the provision of distance education by participating post-secondary educational institutions to students in other states. B. In furtherance of the…

institutions; qualifications. A. The department shall provide an application form to allow post-secondary educational institutions to apply to participate in the interstate distance education program. B. The department shall establish qualifications that an applicant shall demons…

A. The department shall regularly monitor the compliance of participating post- secondary educational institutions with the Interstate Distance Education Act. B. Upon the receipt of a complaint about a participating post-secondary educational institution, the department shall tim…

A. The department shall publish rules for conducting the interstate distance education program. B. By July 31, 2016 and each subsequent year, the department shall report to the legislative finance committee and the legislative education study committee on the interstate distance …

Chapter 21, Article 24 NMSA 1978 may be cited as the "Out-of-State Proprietary School Act". History: 1953 Comp., § 73-41-1, enacted by Laws 1971, ch. 304, § 1; 1994, ch. 108, § 20.

As used in the Out-of-State Proprietary School Act: A. "course" means any course, plan or program of instruction, conducted in person, by mail or by other methods; B. "student" means any person within this state who is above compulsory school age and eligible for one or more cour…

The Out-of-State Proprietary School Act does not apply to: A. courses recognized by the public education department for the purpose of complying with the Compulsory School Attendance Law [Chapter 22, Article 12 NMSA 1978]; B. courses offered by an employer solely for the employer…

No agent shall: A. make or cause to be made any statement or representation, oral, written or visual, in connection with the offering or publicizing of a course if the agent knows or reasonably should know the statement or representation to be false, deceptive, substantially inac…