N.M. Code R. § 5.7.10.9 – Administration and Allocation of Funds

A. The commission shall assure that expenditures from the work study fund are apportioned equitably among eligible institutions.
B. The commission shall require reports from participating institutions as deemed necessary.
C. The commission or its administrative agent shall disburse funds to participating institutions when necessary.
D. All administrative costs for the program will be borne by participating schools. No New Mexico general fund monies appropriated for the New Mexico work study program will be expended for administration. In addition, should an audit be required, costs will accrue to the school involved in the program and will in no way represent an obligation of the state of New Mexico.
E. The institution shall comply with all parts of the Work Study Act and the New Mexico work study program regulations.
F. The institution shall employ only eligible students with each student's earnings limited to the amount indicated in the financial aid award letter.
G. The institution shall determine that at least the amount allocated by the need portion of the commission approved distribution formula shall be awarded to financially needy students.
H. The institution shall arrange employment for students limited to post-secondary nonprofit institutions, state political subdivisions, state agencies and nonprofit organizations that are approved by the commission.
I. The institution shall not arrange employment for the students in any of the following:
(1) jobs that advance a religious purpose;
(2) jobs that have an objective that is primarily religious;
(3) jobs that involve excessive entanglements with a religious organization; or
(4) jobs that involve partisan political activity.
J. The institution shall ensure that the employer contributes at least twenty percent of the salary and benefits for the student.
K. The institution shall ensure that students are not paid less than the rate set forth in Section 50-4-22, NMSA l978.
L. The institution shall maintain normally accepted accounting procedures in regard to all aspects of the New Mexico work study program.
M. The institution shall in a timely manner provide the commission with a report of expenditures through December 31 and June 30 in each year of participation.
N. The institution shall keep intact and accessible records of the receipt and expenditure of New Mexico work study program funds, including all accounting records and original and supporting documents necessary to document how the funds are spent. The records shall be retained in compliance with New Mexico records retention requirements.
O. Students are not eligible for benefits under the unemployment compensation law because of participation in the work study program.
P. The institution may employ a student during a special session (e.g., summer school) if the student is otherwise eligible.
[7/15/98; Recompiled 10/31/01]
History OF 5.7.10 NMAC:
Pre-NMAC History: The material in this Part was derived from that previously filed with the State Records Center and Archives under:
BEF Rule 850, State Work Study Program - Admininstative Regulations, 2/27/85.
BEF Rule 850, State Work Study Program - Admininstative Regulations, 7/3/85.
CHE Rule 850, State Work Study Program - Administrative Regulations, 8/15/91.
History of Repealed Material: [RESERVED]