N.M. Admin. Code § 5.99.1.6 - OBJECTIVE
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.
Notes
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