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 5.99.1.18 - APPLICABLE SARA FEES, SURETY BOND AND INITIAL APPLICATION APPEAL PROCESS

Acting in the capacity of the state portal entity, the department will assess a non-refundable application fee for SARA home state applicants and publish a fee schedule. New Mexico home state institutions shall pay the state application fee prior to application or renewal application review by the portal entity. The designated New Mexico state portal agent will conduct the review of initial and renewal applications. If the state portal agent determines an initial or renewal application should not be approved, the state portal agent shall review the determination with the portal entity's general counsel prior to providing the applicant institution a written reason for denial. A denial shall not be issued unless the general counsel concurs with the determination. If the applicant institution believes an eligibility provision has been misinterpreted or misapplied the institution may appeal the denial of its initial application within 30 calendar days to the portal entity's cabinet secretary. The appeal must be submitted in writing. The cabinet secretary's determination will be final and will be communicated in writing to the applicant institution within 30 days of receipt of appeal. If an institution is approved by the portal entity to become a SARA member institution, the institution shall pay fees set out by the national council for state authorization reciprocity agreements. The department may require institutions to obtain a surety bond in the amount of twenty percent of the gross or projected distance education tuition and fees revenue from students enrolled pursuant to SARA as a condition of SARA membership approval.