N.M. Admin. Code § 5.100.7.16 - PENALTY
A. Institutions
that do not have state authorization or have not been granted express exemption
by the department, and meet the definition of physical presence in New Mexico,
shall be notified by certified mail that they shall cease immediately offering
instruction or enrolling new students 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
Section 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 private 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 one full academic year.
C. The department shall provide notification
for public viewing on the department's website if a licensed private
post-secondary institution has been sanctioned or penalized by their accreditor
or the United States department of education.
D. The department may report any failures to
comply with provisions of 5.100.7 NMAC to the United States 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
licensure.
Notes
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