New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS
Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS
Section 5.5.6.11 - APPROVAL BY THE DEPARTMENT

A. Before submitting an application to create a new undergraduate program, an institution must have initiated institutional review. It is the sole responsibility of the institution to comply with all requirements of the institution and seek approval within a timeframe that allows the institution to comply with all necessary deadlines set by the department. If any decision in the institutional review process affects the content of the application submitted to the department, the institution must re-submit the application to the department with updated information. Updates to the application by the institution may impact the timeline of review by the department.

B. An institution must submit a completed application to the department, on a form provided by the department, by the deadline published by the department.

C. The department shall conduct an initial review of a submitted application. The department may request additional information from the institution for use in its initial review. The department shall determine whether the application is correctly and fully completed. If the department determines that an application is not correctly and fully completed, the department shall return the application to the institution with recommendations as to how deficiencies may be remedied. An application shall not be presented to the advisory review committee until the department has completed initial review and determines that the application is correctly and fully completed.

D. If the application is submitted on or before the deadline published by the department, consideration of the application shall be placed on the next advisory committee meeting agenda. If the institution submits the form after the published deadline, consideration of the application will be postponed until the subsequent advisory committee meeting.

E. The department shall have a representative present during the advisory committee meeting to present the application. The department representative shall not be an advisory committee member.

F. A representative from the applicant institution shall be present during the advisory committee meeting and shall be prepared to respond to questions presented by the advisory committee. The institutional representative shall not be considered a member of the advisory committee and may not cast a vote on any matters before the committee.

G. The advisory committee may recommend to approve, disapprove, or return a proposal to the sponsoring institution for modification.

H. After receiving a recommendation from the advisory committee, the department cabinet secretary shall make the final written determination as to whether the new undergraduate program shall be approved, disapproved, or returned to the sponsoring institution for modification. The final written determination shall be sent to the institution within 10 business days of the advisory committee meeting.

I. At any point during the review process, the institution may withdraw its application.

J. If the department cabinet secretary denies the application for a new undergraduate program the department shall issue a statement in writing to the institution detailing the reasons for denial. If the department cabinet secretary determines that the application shall be returned to the sponsoring institution for modification, the department shall issue a statement in writing to the institution detailing the reasons.

K. If the institution receives a denial, the institution may file an appeal to the department within 10 business days of issuance by the department cabinet secretary. The appeal must contain the institution's arguments for reversal of the decision, clearly labeled. The appeal must be mailed to the department cabinet secretary via certified mail. The department cabinet secretary will evaluate the merits of the appeal and consider the arguments of the institution. Upon review by the department cabinet secretary, a final written determination will be sent to the institution within 20 business days of receipt of the appeal. While an appeal is pending, the institution and department are strongly encouraged to continue discussions and negotiations in an effort to resolve the matter by agreement and reestablish productive working relations. The institution may withdraw an appeal at any time before the secretary reaches a final decision.

L. If the department cabinet secretary denies the request for a new program, the department will not reconsider the same application. The institution must initiate a new application process addressing the concerns of the advisory committee or department cabinet secretary.

M. No new undergraduate program shall be effective unless approved by the department cabinet secretary. If the department cabinet secretary does not approve a new program, the program and any student enrolled in that program, shall not be eligible for inclusion in any of the department's funding recommendations.