N.M. Admin. Code § 5.100.8.11 - RECORDS MAINTENANCE
A. A
post-secondary institution operating with a physical presence in the state of
New Mexico upon submitting intent to close must ensure that records are in
compliance with the functional records retention and disposition schedule in
1.21.2 NMAC, the records retention schedule set by the department, regulations
of any other authorizing agency, or laws, regulations and rules of any other
authorizing jurisdiction or territory, whichever is longest in time. If another
authorizing agency of the institution requires a longer period of retention
than that of 1.21.2 NMAC, the longest retention period shall prevail.
B. If a post-secondary institution
discontinues its operation, the manager shall file with the designated
custodian of records, the original or legible true copies of all educational
records required to be maintained as a condition of state authorization
pursuant to 5.100.6 NMAC or 5.100.7 NMAC. For institutions granted express
exemption by the department pursuant to Section
21-23-4 NMSA 1978 and 5.100.5
NMAC, the manager must file to the designated custodian of records the original
or legible true copies of student records. The institution must maintain at a
minimum, the student's enrollment agreement, student transcript, record
indicating program completion (either certificate, diploma, degree, or other
like proof of completion) and student financial aid records. Any institution
that closes and has not operated lawfully pursuant to the Post-Secondary
Educational Institution Act, must file to a designated custodian of records,
the original or legible true copies of student records to include, the
institution must maintain at a minimum, the student's enrollment agreement,
student transcript, record indicating program completion (either certificate,
diploma, degree, or other like proof of completion), and student financial aid
records. A written detailed description for how records will be maintained
following the closure shall be provided to the department in a plan for the
perpetual care and maintenance of records. The written plan must include, but
is not limited to the following:
(1)
certification that the post-secondary institution is in compliance with the
functional records retention and disposition schedule in 1.21.2 NMAC, the
records retention schedule set by the department, and any other authorizing
agencies laws, regulations and rules, whichever is longest in time;
(2) designation of a custodian of
records;
(3) physical address of
hard copy files;
(4) physical
address of digital files; and
(5)
process for obtaining transcripts or other records from the custodian of
record.
C. The department
must be notified of any update related to the custodian of records or upon any
change to the custodian of record.
D. The department must be provided a copy of
any contractual arrangements made for the perpetual care, maintenance and
accessibility of all records. The department may request any additional records
or information to help students gain access to transcripts in
perpetuity.
E. In the event that
the post-secondary institution does not comply with the records maintenance
provisions cited above, the department may seek a court order to protect and if
necessary take possession of the records. The institution's surety bond may be
drawn on to cover costs associated with the department's efforts in securing
records.
F. Students must be made
aware of the process to request student records from the custodian of records.
The process must be provided in writing to the student and made available on
the institution's website.
Notes
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