New
Mexico Register / Volume XXXV, Issue 21 / November 5, 2024
Notice of proposed rulemaking
NOTICE IS HEREBY GIVEN that the New Mexico Higher Education Department (NMHED
or Department) will hold a public rulemaking hearing on December 10, 2024.
The hearing will begin at 10:00 a.m. and will
be held via Microsoft Teams and in person at the New Mexico Higher Education
Department. The purpose of the hearing is to take
public comment regarding the proposed amendment of 5.100.6 NMAC, REGISTRATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT.
Join via Microsoft Teams:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTY1NTdkM2UtOGQ4YS00YTg1LTg5OGQtODJkYzM5YzhkNWJm%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: 110 638 154#
Purpose:
The
proposed amendment updates language in Section 5.100.6.18 “Complaint to the
Department” to mirror language found in the department’s rule 5.5.5 NMAC
“Closure and Student Complaint Procedures for Public Institutions. The purpose
of the proposed amendment is to ensure consistency in the processing of
complaints by the Department.
Summary
of proposed rule:
The
proposed amendment updates the procedures for student complaints regarding
registered institutions to mirror those found in the department’s rule
pertaining to student complaints for public higher education institutions. The
amendment would clarify that the department shall not
review student complaints regarding grades or student conduct
violations. The amendment would also clarify scope of complaint authority,
lay out additional procedures relating to the processing of the complaint
including conditions for extensions, possible referral of the complaint by the
department to other entities and procedures relating to closing of a complaint.
NMHED notes that an amendment to 5.5.5 NMAC is also proposed and relates to
extending the timeframe for complaint submission from within two years of the
students last date of enrollment or the incident about which the complaint is
made to within three years of the students last date of enrollment. The length of time for submission of complaints in 5.100.6
NMAC is currently three years.
Details for Obtaining a Copy, Public Hearing and Comments: The proposed rule is posted on the NMHED website and may
be accessed at https://hed.nm.gov/ under the “Data, Reports and Rules”
section. To request that a copy of the
proposed rule be sent to you by mail or e-mail, please contact HigherEd.Info@hed.nm.gov
or (505)476-8411.
A public hearing will be held on December 10, 2024 from 10:00 a.m. until 10:30
a.m. via Microsoft Teams and in person at the NMHED Office located at 2044 Galisteo Street, Suite 4, Santa Fe,
NM 87505. 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@hed.nm.gov.
Written comments must be received no later
than 4:00 p.m. on December 6, 2024.
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@hed.nm.gov ten (10) business days prior to the hearing.