New Mexico Register / Volume XXXVII, Issue 8 / April 21, 2026

NOTICE OF PROPOSED RULEMAKING

NOTICE IS HEREBY GIVEN that the New Mexico Higher Education Department (NMHED or Department) will hold a public rulemaking hearing on May 28, 2026. The hearing will begin at 1:30 PM and will be held via Microsoft Teams and in person at the New Mexico Higher Education Department. The purpose of the hearing is to take public comment regarding the proposed amendment of 5.5.2 NMAC, APPROVAL OF NEW GRADUATE PROGRAMS.

Join via Microsoft Teams:

https://teams.microsoft.com/meet/24325489946626?p=P1R0iBQmS2bj7pQBFi

Or call in (audio only):

+ 1 (505) 312-4308

Phone Conference ID: 314 818 037#

Purpose:

The purpose of the proposed amendment is to clarify procedures relating to discontinued graduate programs and dormant programs.

Amendments:

5.5.2.7 NMAC, DEFINITIONS

5.5.2.9 NMAC, SUBJECT TO APPROVAL

Summary of Proposed Rule:

The proposed amendment adds a definition for discontinued graduate program. Subsequent definitions are re-lettered to accommodate the addition. Provisions are added to clarify approval requirements for programs that have been reported to the department as dormant. Provisions are also added to clarify approval requirements for discontinued graduate programs an institution seeks to reinstate.

Details for Obtaining a Copy, Public Hearing and Comments:

The proposed rule is posted on the NMHED website and may be accessed at https://hed.nm.gov/ under the “Data, Reports & Rules” section. To request that a copy of the proposed rule be sent to you by mail or e-mail, please contact HigherEd.Info@hed.nm.gov or (505)476-8411.

A public hearing will be held on May 28, 2026 from 1:30 PM until 2:30 PM via Microsoft Teams and in person at the NMHED Office located at 2044 Galisteo Street, Suite 4, Santa Fe, NM 87505. Any person who is or may be affected by this proposed rule may participate. Interested persons may submit written comments to NMHED at 2044 Galisteo Street, Suite 4, Santa Fe, NM 87505 or HigherEd.Info@hed.nm.gov. Written comments must be received no later than 4:00 p.m. on May 22, 2026. Please note that any written or verbal comments received will become part of the rulemaking record, be posted to the New Mexico Sunshine Portal and be accessible to the public. If submitting written comments by email, please indicate in the subject line the number and section of each rule(s) for which you are providing comments. Oral comments will also be accepted at the rule hearing, subject to time limitations.

Legal authority for this rulemaking can be found in Section 9-25-1 et seq. NMSA 1978, Section 21-2-5 NMSA 1978, Section 21-1-26 NMSA 1978, and Section 21-1-24 NMSA 1978.

Any person with a disability who is in need of a reader, amplifier, qualified sign language interpreter or auxiliary aid or service to attend or participate in the hearing should contact (505) 476-8411 or email HigherEd.Info@hed.nm.gov ten (10) business days prior to the hearing.