New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING
Part 7 - LICENSURE UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT
Section 5.100.7.17 - REVOCATION OF A LICENSE

Universal Citation: 5 NM Admin Code 5.100.7.17

Current through Register Vol. 35, No. 6, March 26, 2024

A. The department may revoke an institution's license to operate or approval to offer a specific degree program(s) at any time, upon finding that

(1) any statement made in the institution's application for licensure is untrue;

(2) the institution has failed to maintain the faculty, facilities, equipment, or other necessary support for its program(s) of study on the basis of which the license or approval was granted; and

(3) the institution has failed to advise the department about significant factors which serve as a basis for licensure, such as:
(a) financial difficulties sufficient to threaten program quality;

(b) significant staff changes in a short period of time;

(c) change of ownership and management;

(d) outcomes of audits by other state agencies;

(e) loss or lowering of accreditation status;

(f) any other factor that could alter basis for licensure;

(g) the institution has failed to renew annual license in a timely manner; or

(h) the institution has failed to comply with one or more standards of licensure established by the department or with applicable law.

B. Prior to revoking a license, the department, or its designee, shall give the institution notice of ten work days and shall provide an opportunity for the institution to demonstrate why the license should not be revoked.

C. At its discretion, the department, or its designee, may institute a probationary period of continued licensure for the institution during which time the institution must demonstrate resolution of deficiencies to the satisfaction of the department. Under no circumstance shall this probationary period exceed one year.

D. If the institution fails to sufficiently demonstrate that licensure should not be revoked, as provided by Subsection B of 5.100.7.17 NMAC, the department shall commence proceedings pursuant to and in accordance with the Uniform Licensing Act, Sections 61-1-1 through 61-1-34 NMSA 1978.

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