New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING
Part 5 - EXEMPTION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT
Section 5.100.5.8 - GENERAL STANDARD FOR OBTAINING EXEMPTION STATUS BY THE DEPARTMENT

Universal Citation: 5 NM Admin Code 5.100.5.8

Current through Register Vol. 35, No. 18, September 24, 2024

A. The department shall provide an application form and assess an administrative fee to provide a formal exemption status. The department has the sole discretion to determine whether an institution meets the criteria for exemption status pursuant to Section 21-23-4 NMSA 1978 and 5.100.5 NMAC. If the department determines that an institution does not meet the criteria for exemption, the department may require the institution to apply for state authorization.

B. The exemption status will be valid for a term of five years from the date that the department makes the final determination.

C. As a condition of exemption, all post-secondary educational institutions shall agree to comply with Section 21-23-15 NMSA 1978 and 5.100.8 NMAC in the event of institutional closure.

D. An exempt institution shall provide the department with immediate written notification of any changes or events that may trigger the whole or part of the claim for exemption application to be untrue. In no case shall a change be made without an acknowledgement from the department. An institution shall provide the department with notification in no less than 90 days prior to the proposed changes going in effect.

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