LICENSED INSTIUTIONS (with NM presence):
The NMHED has jurisdiction to hear or to designate a hearing officer and to take adverse licensure action against an institution pursuant to the following authorities: the Post-Secondary Educational Institution Act (Chapter 21, Article 23 NMSA 1978); the Private Post-Secondary Institutions Operating Under The Post-Secondary Educational Institution Act, NMAC 5.100.2; and the Uniform Licensing Act, §61-1-1 through §61-1-31 NMSA 1978.
Pursuant to §18.104.22.168, of the Private Post-Secondary Institutions Operating Under The Post-Secondary Educational Institution Act, “An applicant that fails to satisfy the requirements of Section 22.214.171.124 NMAC and/or fails to adequately address the specific criteria set forth in Subsection D of 126.96.36.199 NMAC shall be subject to denial of licensure. If the department contemplates denial of licensure to any applicant, the department shall commence proceedings pursuant to an in accordance with the Uniform Licensing Act, Sections 61-1-1 through 61-1-31 NMSA 1978.” The Uniform Licensing Act provides, at §61-1-3, that licensees or applicants shall be afforded notice and an opportunity to be heard before an agency that has authority to take any action which would result in adverse licensure action including but not limited to suspension, revocation or denial of a license.
In accordance with NMSA 1978, §61-1-4(D)(3), the NMHED will or may take the contemplated action unless within twenty (20) days after service of this NCA the institution deposits in the mail a certified return receipt requested letter addressed to the Cabinet Secretary and containing a request for an administrative hearing.
The institution is advised that, pursuant to NMSA 1978, §61-1-4 (E), if it does not mail a request for a hearing within the time and in the manner required by §61-1-4 (D)(3), the NMHED may take the action contemplated; such action shall be final and not subject to judicial review.
REGISTERED INSTITUTIONS (without NM presence):
Pursuant to the Out-of-State Proprietary School Act (Section 21-24-8, NMSA, 1978), “Any final determination of the NMHED (commission) respecting the issuance, denial or revocation of a registration may be appealed to the district court pursuant to the provisions of Section 39-3-1.1, NMSA 1978.”
NMAC 188.8.131.52 states, “Parties not satisfied with a decision by the department regarding eligibility for exemption from the act, issuance, denial, or revocation of registration, or denial or revocation of agent eligibility, or related decisions of the department may be appealed to the district court of Santa Fe, New Mexico.