1. A. As four-year institution begins preparation, or wishes to expand, to offer instructional programs in a community wherein it has not previously offered programs or if it wishes to expand current offerings in a community other than the one in which the institution is located, it must notify the department. The department then notifies all public institutions, DFA, LFC, and the state board of finance. Objections must be filed with the department within thirty (30) days. Objections may be filed by any notified entity.
2. B. Following notification of an objection, the presidents and the chairs of the governing boards of the involved institutions are required to meet with the secretary of higher education to discuss the problem and develop a resolution. If the department is the objector, a representative of the DFA or state board of finance will preside over the meeting.

3. C. If a resolution cannot be developed, the secretary of higher education will convene a third party to review the context and details of the objection. The third party review will occur within sixty (60) days. The third party will be a nine (9) member committee authorized to make a final recommendation. The makeup of the committee as determined by the secretary and confirmed with the governor’s chief of staff will be the following:

   (1) three (3) executive members (DFA, governor’s office, NMHED);

   (2) three (3) legislative members (LC, LESC, LFC);

   (3) three (3) higher education members (community college, regional university, research university); these individuals are selected by the higher education advisory board.

4. D. Every effort must be made to partner for the delivery of new programs and the opportunity for partnerships will be part of the review process.

5. E. Committee determinations are final and apply for a set period of time up to five (5) years after the decision of the committee. The decision will be filed with the department as a matter of public record.

   HISTORY OF 5.2.3 NMAC: [RESERVED]

[5.2.3.8 NMAC - N, 05/15/07]