N.M. Admin. Code § 5.3.11.19

Current through Register Vol. 35, No. 21, November 5, 2024

Section 5.3.11.19 - FAILURE TO COMPLY WITH EFOP REQUIREMENTS

A. The following conditions shall constitute institutional non-compliance with EFOP:

(1) failure to schedule or attend the initial meeting pursuant to 5.3.11.12 NMAC;

(2) failure to submit a corrective action plan pursuant to 5.3.11.14 NMAC;

(3) failure to obtain department approval of the proposed corrective action plan or any amendments to the corrective action plan;

(4) failure to take steps to implement the corrective action plan or any amendments to the corrective action plan;

(5) non-compliance with provisions of the corrective action plan or any amendments to the corrective action plan;

(6) failure to submit EFOP reports in accordance with deadlines set by the department;

(7) failure to report any new risk factor(s) while the institution is on EFOP status pursuant to Subsection A of 5.3.11.17 NMAC; or

(8) failure to comply with any other aspect of the EFOP established by the department within 5.3.11 NMAC.

B. If the department finds that the institution has met one or more conditions of institutional non-compliance with EFOP, the department shall issue notice stating the basis of the non-compliance to:

(1) the president of the institution, the chair of the governing board of the institution, and the chief financial officer of the institution;

(2) the legislative finance committee;

(3) the department of finance and administration; and

(4) any accrediting agency of the institution.

C. The department shall provide a report regarding the risk factor(s) identified that led to the institution's EFOP status, the conditions that constitute institutional non-compliance, and any relevant facts or circumstances surrounding the non-compliance to the legislative finance committee during funding evaluations.

D. In its discretion, the department may send notice of institutional non-compliance with EFOP to:

(1) the United States department of education;

(2) OSA;

(3) the attorney general; or

(4) other entities, as determined by the department, that may be concerned with any identified risk factor(s).

N.M. Admin. Code § 5.3.11.19

Adopted by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/11/2018