Chapter 21 — Chapter 21

A. No agent representing a proprietary school shall sell any course or solicit students in person or by mail, telephone or similar means in New Mexico for a consideration unless the institution has registered with the commission [department]. The commission [department] shall cha…

The commission [department] shall adopt rules and regulations for the administration and enforcement of the Out-of-State Proprietary School Act. History: 1953 Comp., § 73-41-6, enacted by Laws 1971, ch. 304, § 6; 1975, ch. 107, § 2; 1994, ch. 108, § 25.

The commission [department] or any state or local prosecuting officer may, by request or on his own motion, bring an appropriate action in any court of competent jurisdiction to enforce the provisions of the Out-of-State Proprietary School Act. History: 1953 Comp., § 73-41-7, ena…

Any final determination of the commission [department] respecting the issuance, denial or revocation of a registration may be appealed to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 73-41-8, enacted by Laws 1971, ch. 304, § …

Any person who violates any provision of Section 21-24-4 or 21-24-5 NMSA 1978 is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six months or both. History: 1953 Comp., § 73-41-9, enacted by…

department] approval. The board of educational finance [commission on higher education [higher education department]] shall be responsible for the approval of courses offered in New Mexico by nonproprietary out-of-state institutions. History: 1953 Comp., § 73-41A-1, enacted by La…

As used in this act [21-25-1 to 21-25-5 NMSA 1978]: A. "nonproprietary out-of-state institution" means a public, out-of-state institution, school or similar academy offering a course or courses of instruction to any student within this state. History: 1953 Comp., § 73-41A-2, enac…

In arriving at its decisions relative to course approval, the board of educational finance [commission on higher education [higher education department]] shall establish criteria in consultation with the academic vice presidents of the institutions enumerated in Article 12, Secti…

A. Provisions of this act [21-25-1 to 21-25-5 NMSA 1978] shall not apply to correspondence courses offered through the mail by nonproprietary out-of-state institutions; and B. Courses offered on military bases for military personnel. History: 1953 Comp., § 73-41A-4, enacted by La…

The board of educational finance [commission on higher education [higher education department]] shall certify to the state superintendent of public instruction all courses approved and not approved according to the provisions of this act [21-25-1 to 21-25-5 NMSA 1978], within thi…

This act [21-26-1 to 21-26-4 NMSA 1978] may be cited as the "Osteopathic Intern Act". History: Laws 1983, ch. 195, § 1.

A. The legislature finds that: (1) there is a need for more licensed osteopathic physicians in New Mexico to serve the medical needs of the citizens of the state; (2) most physicians continue to practice in the geographic area where they receive their training; and (3) in order t…

As used in the Osteopathic Intern Act: A. "board" ["commission" ["department"]] means the board of educational finance [commission on higher education [higher education department]]; B. "hospital" means a fully accredited nonprofit osteopathic teaching hospital in New Mexico that…

regulations. The higher education department shall: A. in cooperation with the hospitals and the New Mexico medical board, develop an intern training program to provide postdoctoral training for osteopathic interns; B. contract with hospitals to provide intern training programs; …

Sections 1 through 5 [21-27-1 to 21-27-5 NMSA 1978] may be cited as the "Two- Year College Maintenance Act". History: Laws 1983, ch. 316, § 1.

The purpose of the Two-Year College Maintenance Act is to provide funding for the repair and long-term care and preservation of the buildings, grounds and equipment of two-year colleges and institutions. History: Laws 1983, ch. 316, § 2.

As used in the Two-Year College Maintenance Act: A. "board" ["commission" ["department"]] means the board of educational finance [commission on higher education [higher education department]] created pursuant to Section 21-1-26 NMSA 1978; B. "fund" means the two-year college main…

fund. A. The "two-year college maintenance fund" is created in the state treasury. The fund shall consist of such money as the legislature may from time to time appropriate. The fund shall be invested by the state treasurer as other funds are invested. Balances remaining in the f…

required. A. A qualifying institution shall make application to the board for distribution of its allocation, or any part thereof, only for any of the purposes enumerated in Section 4 [21- 27-4 NMSA 1978] of the Two-Year College Maintenance Act. B. No distribution shall be made t…

Chapter 21, Article 28 NMSA 1978 may be cited as the "University Research Park and Economic Development Act". History: Laws 1989, ch. 264, § 1; 2007, ch. 247, § 1.

The board of directors of a research park corporation may by resolution provide for the issuance of refunding bonds to refund any outstanding bonds issued under the University Research Park and Economic Development Act, together with redemption premiums, if any, and interest accr…

In the discretion of the research park corporation, any bonds issued under the provisions of the University Research Park and Economic Development Act may be secured by a trust agreement by and between the research park corporation and a corporate trustee, which may be a bank or …

corporation. The pledge of any assets or revenues of the research park corporation to the payment of the principal of or the interest on any bonds shall be valid and binding from the time when the pledge is made, and any such assets or revenues shall immediately be subject to the…

funds. All money received by a research park corporation from bonds issued under the provisions of the University Research Park and Economic Development Act shall be deemed funds to be held in trust, applied as provided in that act or transferred to other research park corporatio…

The members of the board of directors of a research park corporation, while acting within the scope of their authority, and any person acting in their behalf, while acting within the scope of the person's authority, shall not be personally liable for the corporation's obligations…

Any holder of bonds issued under the provisions of the University Research Park and Economic Development Act or any coupons appertaining thereto, and the trustee under any trust agreement or resolution authorizing the issuance of those bonds, except as the rights given pursuant t…

All bonds issued by a research park corporation under the University Research Park and Economic Development Act are legal and authorized investments for banks, savings banks, trust companies, savings and loan associations, insurance companies, fiduciaries, trustees and guardians …

A. A research park corporation shall, within ninety days following the close of each fiscal year, submit an annual report of its activities for the preceding year as required by the Nonprofit Corporation Act [Chapter 53, Article 8 NMSA 1978] or the Business Corporation Act [Chapt…

ANNOTATIONS Repeals. — Laws 1991, ch. 220, § 6 repealed 21-28-18 NMSA 1978, as enacted by Laws 1989, ch. 264, § 18, relating to investment of funds, effective June 14, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.

associations. A. Any person or domestic corporation or association may make contributions or gifts, grants, bequests, devises or loans to a research park corporation. B. Any university or nonprofit corporation having funds available for research and development, regardless of the…

The purpose of the University Research Park and Economic Development Act is to: A. promote the public welfare and prosperity of the people of New Mexico; B. foster economic development within New Mexico; C. forge links between New Mexico's educational institutions, business and i…

A. If any director, officer or employee of a research park corporation is interested either directly or indirectly or is an officer or employee of or has any ownership interest in any firm or legal entity interested directly or indirectly in any contract with the research park co…

On termination or dissolution of a research park corporation, all rights and properties of the research park corporation shall pass to and be vested in the university which formed the research park corporation, subject to the rights of any bondholders, lienholders, creditors or o…

The state does hereby pledge to and agree with the holders of any bonds or notes issued under the University Research Park and Economic Development Act that the state will not limit or alter the rights hereby vested in the research park corporation by that act to fulfill the term…

appropriations. In the event of congress making appropriations for the conduct of work similar to that specified in the University Research Park and Economic Development Act, the work of the research park shall conform to the requirements imposed as the conditions for those feder…

institutions and state agencies or political subdivisions. A research park corporation shall not enter into any contract involving services or property of a value in excess of twenty thousand dollars ($20,000) with an employee of the university or with a business in which the emp…

or employee interest in private entity. A. Notwithstanding any other provision of state law, an officer or employee of a university may, subject to Subsection B of this section, apply to the university which, under policies established by the regents as provided in Subsection E o…

As used in the University Research Park and Economic Development Act: A. "bond" or "bonds" means any bond, note or other evidence of indebtedness; B. "regents" means: (1) in the case of an educational institution named in Article 12, Section 11 of the constitution of New Mexico, …

terms; meetings; bylaws. A. Any university may form, pursuant to the provisions of the Nonprofit Corporation Act [Chapter 53, Article 8 NMSA 1978] or the Business Corporation Act [Chapter 53, Articles 11 to 18 NMSA 1978], one or more research park corporations, separate and apart…

A. The regents of each university shall have the power to implement and further the purposes of the University Research Park and Economic Development Act, including the power: (1) to establish, acquire, develop, maintain and operate research parks, including all necessary or suit…

A research park corporation shall have all the powers necessary and convenient to carry out and effectuate the provisions of the University Research Park and Economic Development Act, including the power to: A. approve or disapprove proposals; B. sue and be sued in its corporate …

A. A research park corporation shall not be deemed an agency, public body or other political subdivision of New Mexico, including for purposes of applying statutes and laws relating to personnel, procurement of goods and services, meetings of the board of directors, gross receipt…

A research park corporation may issue negotiable revenue bonds or notes or both. The proceeds of the sale of bonds issued pursuant to the University Research Park and Economic Development Act shall be used to carry out the provisions of that act and to fund reserves for the resea…

Bonds and other obligations issued under the provisions of the University Research Park and Economic Development Act shall be deemed issued on behalf of the university, but shall not be deemed to constitute a debt, liability, obligation of or a pledge of the faith and credit of t…

This act [21-29-1 to 21-29-6 NMSA 1978] may be cited as the "WICHE Loan for Service Act". History: Laws 1997, ch. 126, § 1.

As used in the WICHE Loan for Service Act: A. "commission" [department] means the commission on higher education [higher education department]; and B. "student" means a New Mexico resident who is a graduate of a New Mexico high school or has resided in New Mexico for three consec…

payback requirements. A. Financial assistance by the state for the student exchange program of the western interstate commission for higher education shall be through a loan program established pursuant to this section. B. A student may receive a loan of tuition assistance on the…

A. The commission [department] may: (1) arrange with other agencies for the performance of services required by the provisions of Section 3 [21-29-3 NMSA 1978] of the WICHE Loan for Service Act; (2) sue in its own name for any balance due the state from a student on a contract; (…

The "WICHE loan for service fund" is created in the state treasury. All money appropriated for loans to students participating in the student exchange program of the western interstate commission on higher education shall be credited to the fund. All payments of principal and int…

The commission [department] may cancel a contract with a student for reasonable cause deemed sufficient by the commission [department]. History: Laws 1997, ch. 126, § 6.