Current through Register Vol. 35, No. 18, September 24, 2024
A. The following conditions shall constitute
institutional non-compliance with EFOP:
(1)
failure to schedule or attend the initial meeting pursuant to 5.3.11.12
NMAC;
(2) failure to submit a
corrective action plan pursuant to 5.3.11.14 NMAC;
(3) failure to obtain department approval of
the proposed corrective action plan or any amendments to the corrective action
plan;
(4) failure to take steps to
implement the corrective action plan or any amendments to the corrective action
plan;
(5) non-compliance with
provisions of the corrective action plan or any amendments to the corrective
action plan;
(6) failure to submit
EFOP reports in accordance with deadlines set by the department;
(7) failure to report any new risk factor(s)
while the institution is on EFOP status pursuant to Subsection A of 5.3.11.17
NMAC; or
(8) failure to comply with
any other aspect of the EFOP established by the department within 5.3.11
NMAC.
B. If the
department finds that the institution has met one or more conditions of
institutional non-compliance with EFOP, the department shall issue notice
stating the basis of the non-compliance to:
(1) the president of the institution, the
chair of the governing board of the institution, and the chief financial
officer of the institution;
(2) the
legislative finance committee;
(3)
the department of finance and administration; and
(4) any accrediting agency of the
institution.
C. The
department shall provide a report regarding the risk factor(s) identified that
led to the institution's EFOP status, the conditions that constitute
institutional non-compliance, and any relevant facts or circumstances
surrounding the non-compliance to the legislative finance committee during
funding evaluations.
D. In its
discretion, the department may send notice of institutional non-compliance with
EFOP to:
(1) the United States department of
education;
(2) OSA;
(3) the attorney general; or
(4) other entities, as determined by the
department, that may be concerned with any identified risk factor(s).
