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 5.99.1.6 - OBJECTIVE

Universal Citation: 5 NM Admin Code 5.99.1.6

Current through Register Vol. 35, No. 18, September 24, 2024

A. Unless expressly exempt pursuant to 5.99.1.10 NMAC, an institution shall obtain distance education authorization from the department if the institution either:

(1) has a physical presence in New Mexico and engages in distance education with students located outside New Mexico; or

(2) engages in distance education from a location originating outside New Mexico with a student located in New Mexico.

B. Institutions with a physical presence in New Mexico engaging in distance education may be subject to:

(1) distance education authorization pursuant to the Interstate Distance Education Act and 5.99.1 NMAC, unless exempted pursuant to 5.99.1.10 NMAC;

(2) state authorization for private institutions pursuant to the Post-secondary Educational Institution Act and 5.100.6 NMAC or 5.100.7 NMAC, unless expressly exempted by law and 5.100.5 NMAC; and

(3) authorization required by laws and regulations of any other state or territory in which a student is located and engaging in distance education with the institution.

C. Post-secondary educational institutions must be accredited in order to apply for distance education authorization under the act.

D. Distance education authorization does not serve as an endorsement of a particular institution, but certifies that an institution has met the minimum criteria set by the department to operate in New Mexico under the Interstate Distance Education Act. An institution authorized by the department may not use terms such as "accredited," "endorsed," or "recommended" when referring to authorization by the department.

E. Post-secondary educational institutions that do not have distance education authorization or do not meet the criteria for exemption, and are offering distance education from New Mexico or to students in New Mexico, shall be notified by certified mail that they shall cease immediately to offer such education until obtaining distance education authorization or are found to be exempted by the department; the department shall initiate appropriate legal action if institutions fail to comply; whoever violates any provision of the act may be assessed a civil penalty not to exceed five hundred dollars ($500) per day per violation.

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