N.M. Admin. Code § 5.100.6.21 - PENALTY
A. A post-secondary
institution that does not have state authorization or have not been granted
express exemption by the department, and meets the definition of physical
presence in New Mexico, shall be notified by certified mail that they shall
cease immediately to offer such until they obtain a state authorization or
exemption from the department; the department shall initiate appropriate legal
action if institutions fail to comply; whoever violates any provision of
Sections 21-23-1 et seq. NMSA 1978 of the
Post-Secondary Educational Institution Act may be assessed a civil penalty not
to exceed five hundred dollars ($500) per day per violation.
B. A post-secondary institution that does not
submit an application for renewal within deadlines set by the department and
has a lapse in state authorization for one or more years will be required to
complete a provisional period of two years.
C. The department shall provide notification
for public viewing on the department's website if a registered private
post-secondary institution has been sanctioned or penalized by their accreditor
or the U.S. department of education.
D. The department may report any failures to
comply with provisions of 5.100.6 NMAC to the U.S. department of education and
the institution's accreditor. If the institution does not comply, the
department may take action to forward the file to the attorney general's office
for issuance of a notice of contemplated action to deny registration.
Notes
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