New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 99 - DISTANCE EDUCATION
Part 1 - PUBLIC AND PRIVATE POST-SECONDARY INSTITUTIONS OPERATING UNDER THE INTERSTATE DISTANCE EDUCATION ACT
Section 5.99.1.12 - DISTANCE EDUCATION AUTHORIZATION APPLICATION REQUIREMENTS
Universal Citation: 5 NM Admin Code 5.99.1.12
Current through Register Vol. 35, No. 18, September 24, 2024
Institutions operating under the act shall apply for distance education authorization unless exempt pursuant to 5.99.1.10 NMAC. The department shall promulgate forms and require the institution to meet criteria as applicable to each of the following sectors:
A. Public post-secondary educational institutions must submit to department:
(1) a
complete distance education authorization application set out by the
department;
(2) certification of
compliance with the interregional guidelines for the evaluation of distance
education programs adopted by the council of regional accrediting
commission;
(3) certification of
compliance with the western interstate commission for higher education
principles outlined in
5.99.1.20
NMAC;
(4) a surety bond or
alternate form of surety in the amount of twenty percent of the gross New
Mexico distance education tuition and fees revenue;
(5) current accreditation;
(6) proof that the public post-secondary
educational institution has adopted a complaint procedure that complies with
the department's requirements in
5.99.1.15
NMAC;
(7) certification that the
public post-secondary educational institution has adopted a plan for records
maintenance and retention that complies with the department's requirements in
5.99.1.21 NMAC;
and
(8) a fully executed
participation agreement with the department.
B. Private post-secondary educational institutions must submit to the department:
(1) a complete distance education
authorization application set out by the department;
(2) certification of compliance with the
interregional guidelines for the evaluation of distance education programs
adopted by the council of regional accrediting commission;
(3) certification of compliance with the
western interstate commission for higher education principles outlined in
5.99.1.20
NMAC;
(4) a surety bond or
alternate form of surety in the amount of twenty percent of the gross New
Mexico distance education tuition and fees revenue, in no case shall the bond
be less than five thousand dollars ($5,000);
(5) current accreditation;
(6) financial responsibility composite score
of 1.5 or above as assigned by the United States department of education in the
private post-secondary educational institution's most recent fiscal
report;
(7) proof that the private
post-secondary educational institution has adopted a complaint procedure that
complies with the department's requirements in
5.99.1.15
NMAC;
(8) certification that the
private post-secondary educational institution has adopted a plan for records
maintenance and retention that complies with the department's requirements in
5.99.1.21
NMAC;
(9) a fully executed
participation agreement with the department; and
(10) for profit institutions with anticipated
New Mexico student gross tuition revenues of one hundred thousand dollars
($100,000) or more shall submit a letter of good standing from the office of
the secretary of state of New Mexico and proof of registration with the New
Mexico taxation and revenue department.
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