New Mexico Register / Volume XXXII, Issue 11 /June 8, 2021
Notice of proposed rulemaking
NOTICE IS HEREBY GIVEN that the New Mexico Higher Education Department
(NMHED or Department) will hold a public video/telephonic rulemaking hearing on
July 13, 2021. The hearing will begin at
9:30 a.m. and will be held via Microsoft Teams. The purpose of the rulemaking
hearing is to take public comment regarding proposed amendments to 5.100.5 NMAC, EXEMPTION
UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT.
Join via Microsoft Teams:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IwYjk1NDktODI0Yi00Zjg1LTlhNGUtMzhlY2I1M2E1ODg2%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%22c327f958-5970-4536-8f6b-03d48b60d29e%22%7d
Or call in (audio only)
+1 (505) 312-4308
Phone Conference ID: 173 431 256#
Amendments:
5.100.5.6
NMAC, OBJECTIVE
Purpose:
The
purpose of the proposed rule change is to include and list the exceptions to
the Post-Secondary Educational Institution Act. The amendment includes the
addition of an exemption for chartered, nonprofit religious non-degree and degree granting
institutions whose sole purpose is to train students in religious disciplines
to prepare them to assume a vocational objective relating primarily to religion.
The amendment also adds provisions regarding the requirements for exemption of non-accredited
private post-secondary educational institutions that offer a degree program.
Summary of proposed changes:
The
amendment to Section 5.100.5.6 NMAC adds a listing of various operations which
are excepted under the Post-Secondary Educational Institution Act. The addition
of the listing is for clarity. The listing includes provisions relating to an
exemption for chartered,
nonprofit religious non-degree and degree granting institutions whose sole
purpose is to train students in religious disciplines to prepare them to assume
a vocational objective relating primarily to religion. Lastly, the amendment
adds requirements for exemption of non-accredited private post-secondary
educational institutions that offer a degree program.
Details for Obtaining a Copy, Public
Hearing and Comments:
The proposed rule is also posted on the NMHED website and may be accessed at http://www.hed.state.nm.us/
under the “Events” section. To request
that a copy of the proposed rule be sent to you by mail or e-mail, please
contact HigherEd.Info@state.nm.us
or (505)476-8411.
A public hearing will be held on July 13, 2021 from 9:30 a.m.
until 10:00 a.m. via Microsoft Teams. Any
person who is or may be affected by this proposed rule may participate. Interested
persons may submit written comments to NMHED at 2044 Galisteo Street, Suite 4, Santa Fe,
NM 87505 or HigherEd.Info@state.nm.us. Written comments must be received no later than 4:00 p.m.
on July 9, 2021. Please note that any written or verbal comments
received will become part of the rulemaking record, be posted to the New Mexico
Sunshine Portal, and be accessible to the public. If submitting written comments by email,
please indicate in the subject line the number and section of each rule(s) for
which you are providing comments. Oral comments will also be accepted at the rule
hearing, subject to time limitations.
Legal authority for this rulemaking
can be found in Section 9-25-1 et seq. NMSA 1978, Section 21-1-26 NMSA 1978 and
Section 21-23-1 et seq. NMSA 1978.
Any person with a
disability who is in need of a reader, amplifier, qualified sign language
interpreter, or auxiliary aid or service to attend or participate in the
hearing should contact (505)
476-8411 or email HigherEd.Info@state.nm.us ten (10) business days prior to the hearing.