The higher education department shall cooperate with federal and other state agencies in administering the provisions of the Post-Secondary Educational Institution Act. The secretary of state shall cooperate with the higher education department by identifying post-secondary educational institutions that apply for corporate charters. The public education department shall cooperate with the higher education department by providing the technical assistance necessary to develop minimum standards that post-secondary educational institutions shall meet and any other assistance that would be of aid in the administration of the Post-Secondary Educational Institution Act.
History: 1953 Comp., § 73-40-11, enacted by Laws 1975, ch. 148, § 12; 1994, ch. 108, § 16; 2013, ch. 59, § 14; 2013, ch. 75, § 12.
2013 Multiple Amendments. — Laws 2013, ch. 59, § 14, effective June 14, 2013, and Laws 2013, ch. 75, § 12, effective July 1, 2013, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2013, ch. 75, § 12, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2013, ch. 59, § 14 and Laws 2013, ch. 75, § 12 are described below. To view the session laws in their entirety, see the 2013 session laws on NMOneSource.com.
The nature of the difference between the amendments is that Laws 2013, ch. 59, § 14 replaced "commission" with "department" and Laws 2013, ch. 75, § 12 replaced "commission" with "higher education department".
Laws 2013, ch. 75, § 12, effective July 1, 2013, assigned administration of the Post-Secondary Educational Institution Act to the department of higher education and required the secretary of state to assist the department identify post-secondary educational institutions that apply for charters; deleted "commission" and added "higher education department" throughout the section, and in the second sentence, deleted "state corporation commission" and added "secretary of state".
Laws 2013. ch. 59, § 14, effective June 14, 2013, changed terms to assign administration of the Post-Secondary Educational Institution Act to the department of higher education; required the secretary of state to assist the department identify post-secondary educational institutions that apply for charters; deleted "commission" and added "department" throughout the section, and in the second sentence, at the beginning of the sentence, deleted "state corporation commission" and added "secretary of state".
The 1994 amendment, effective July 1, 1994, substituted "commission" for "board" in three locations, added "state" preceding "corporation commission," substituted "that" for "which" in three locations, added "public" preceding "education," and substituted "shall" for "must" in the last sentence.
Structure 2021 New Mexico Statutes
Chapter 21 - State and Private Education Institutions
Article 23 - Post-Secondary Educational Institution Act
Section 21-23-1 - Short title.
Section 21-23-2 - Purpose of act.
Section 21-23-3 - Definitions.
Section 21-23-5 - Duties of the department.
Section 21-23-6 - Registration of colleges and universities; submission of materials.
Section 21-23-6.1 - Licensure of career schools; licensure of certain colleges and universities.
Section 21-23-6.2 - Licensure standards; requirements; fee authorization.
Section 21-23-6.3 - Fee authorization.
Section 21-23-7 - Claims; limitations; appeals.
Section 21-23-7.1 - Surety bond required; alternative surety.
Section 21-23-8 - Fund created.
Section 21-23-10 - Disciplinary actions; civil penalties.
Section 21-23-10.1 - Enforcement.
Section 21-23-11 - Existing post-secondary educational institutions.
Section 21-23-12 - Cooperation.
Section 21-23-14 - Prohibition.
Section 21-23-15 - Post-secondary educational institutions; termination.