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Home » US Law » 2021 New Mexico Statutes » Chapter 21 - State and Private Education Institutions » Article 24 - Out-of-State Proprietary Schools

Section 21-24-1 – Short title.

Chapter 21, Article 24 NMSA 1978 may be cited as the “Out-of-State Proprietary School Act”. History: 1953 Comp., § 73-41-1, enacted by Laws 1971, ch. 304, § 1; 1994, ch. 108, § 20. ANNOTATIONS The 1994 amendment, effective July 1, 1994, substituted “Chapter 21, Article 24 NMSA 1978” for “This Act” at the beginning of […]

Section 21-24-2 – Definitions.

As used in the Out-of-State Proprietary School Act: A. “course” means any course, plan or program of instruction, conducted in person, by mail or by other methods; B. “student” means any person within this state who is above compulsory school age and eligible for one or more courses of instruction; C. “agent” means any person […]

Section 21-24-3 – Exceptions.

The Out-of-State Proprietary School Act does not apply to: A. courses recognized by the public education department for the purpose of complying with the Compulsory School Attendance Law [Chapter 22, Article 12 NMSA 1978]; B. courses offered by an employer solely for the employer’s employees; C. courses offered by a nonprofit religious institution relating primarily […]

Section 21-24-4 – Publicizing of instruction.

No agent shall: A. make or cause to be made any statement or representation, oral, written or visual, in connection with the offering or publicizing of a course if the agent knows or reasonably should know the statement or representation to be false, deceptive, substantially inaccurate or misleading; B. promise or guarantee employment utilizing information, […]

Section 21-24-5 – Registration; surety bond.

A. No agent representing a proprietary school shall sell any course or solicit students in person or by mail, telephone or similar means in New Mexico for a consideration unless the institution has registered with the commission [department]. The commission [department] shall charge an annual registration fee of not less than five hundred dollars ($500) […]

Section 21-24-6 – Rules and regulations.

The commission [department] shall adopt rules and regulations for the administration and enforcement of the Out-of-State Proprietary School Act. History: 1953 Comp., § 73-41-6, enacted by Laws 1971, ch. 304, § 6; 1975, ch. 107, § 2; 1994, ch. 108, § 25. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and […]

Section 21-24-7 – Enforcement.

The commission [department] or any state or local prosecuting officer may, by request or on his own motion, bring an appropriate action in any court of competent jurisdiction to enforce the provisions of the Out-of-State Proprietary School Act. History: 1953 Comp., § 73-41-7, enacted by Laws 1971, ch. 304, § 7; 1975, ch. 107, § […]

Section 21-24-8 – Judicial review.

Any final determination of the commission [department] 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. History: 1953 Comp., § 73-41-8, enacted by Laws 1971, ch. 304, § 8; 1975, ch. 107, § 4; 1994, ch. 108, § 27; […]

Section 21-24-9 – Penalty.

Any person who violates any provision of Section 21-24-4 or 21-24-5 NMSA 1978 is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six months or both. History: 1953 Comp., § 73-41-9, enacted by Laws 1971, ch. 304, § […]