New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING
Part 6 - REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT
Section 5.100.6.21 - PENALTY
Current through Register Vol. 35, No. 6, March 26, 2024
A. A post-secondary institution that does not have state authorization or have not been granted express exemption by the department, and meets the definition of physical presence in New Mexico, shall be notified by certified mail that they shall cease immediately to offer such until they obtain a state authorization or exemption from the department; the department shall initiate appropriate legal action if institutions fail to comply; whoever violates any provision of Sections 21-23-1 et seq. NMSA 1978 of the Post-Secondary Educational Institution Act may be assessed a civil penalty not to exceed five hundred dollars ($500) per day per violation.
B. A post-secondary institution that does not submit an application for renewal within deadlines set by the department and has a lapse in state authorization for one or more years will be required to complete a provisional period of two years.
C. The department shall provide notification for public viewing on the department's website if a registered private post-secondary institution has been sanctioned or penalized by their accreditor or the U.S. department of education.
D. The department may report any failures to comply with provisions of 5.100.6 NMAC to the U.S. department of education and the institution's accreditor. If the institution does not comply, the department may take action to forward the file to the attorney general's office for issuance of a notice of contemplated action to deny registration.
