This rule was filed as 5 NMAC 7.12.




PART 12               MINORITY DOCTORAL ASSISTANCE                 ISSUING AGENCY:  State of New Mexico Commission on Higher Education, 1068 Cerrillos Road, Santa Fe, New Mexico, 87501-4295, (505) 827-7383.

[7/15/98; Recompiled 10/31/01]                 SCOPE:  Provisions of 5 NMAC 7.12 [now 5.7.12 NMAC] apply to the commission on higher education and four-year public post-secondary institutions in New Mexico.

[7/15/98; Recompiled 10/31/01]                 STATUTORY AUTHORITY:  Sections 21-21I-1 through 21-21I-8, NMSA 1978.

[7/15/98; Recompiled 10/31/01]                 DURATION:  Permanent.

[7/15/98; Recompiled 10/31/01]                 EFFECTIVE DATE:  July 15, 1998 [unless a later date is cited at the end of a section].

[7/15/98; Recompiled 10/31/01]                 OBJECTIVE:  The objective and purpose of 5 NMAC 7.12 [now 5.7.12 NMAC] is to increase the number of ethnic minorities and women available to teach engineering, physical or life sciences, mathematics and other academic disciplines in which ethnic minorities and women are demonstrably underrepresented in New Mexico colleges and universities.

[7/15/98; Recompiled 10/31/01]                 DEFINITIONS:

                A.            "Academic committee" means a committee at a sponsoring institution appointed by the president composed of two faculty members, two academic administrators and one non-academic administrator for the purpose of promoting, receiving and evaluating minority doctoral assistance applications, and approving award recipients;

                B.            "Award recipient" means a student awarded a minority doctoral assistance loan to pursue a doctorate in an eligible field of study;

                C.            "Commission" means the New Mexico commission on higher education;

                D.            "Competitive award" means an award made to the sponsoring institution and award recipient, with priority preference given to students where the sponsoring institution has pledged to provide matching funds up to the amount of the state funds. The total amount of the competitive award shall be an amount up to a maximum of twenty-five thousand dollars ($25,000) for the first year of doctoral study and renewed annually for up to three years for recipients who enter the program with a relevant masters degree or may be renewed annually for up to four years for recipients who enter the program with only a bachelors degree, for students making satisfactory progress toward a doctoral degree, as determined by the sponsoring institution;

                E.             "Contractual agreement" means the contract between a sponsoring institution and an award recipient, approved as to form by the commission, which delineates the loan-for-service terms and understandings of this program;

                F.             "Eligible doctoral field of study" means the fields of engineering, physical or life sciences, mathematics and other academic disciplines in which certain ethnic or gender groups are demonstrably underrepresented in the teaching faculty at the sponsoring institution;

                G.            "Eligible institution" means any commission-approved higher education institution that offers a doctoral degree in an eligible field of study;

                H.            "Group underrepresented in eligible doctoral field" means those ethnic or gender groups that are specifically underrepresented in the teaching faculty at the sponsoring institution and can be so demonstrated by the sponsoring institution;

                I.              "Service requirement" means the number of months or years the student must teach upon returning to the sponsoring institution in order to satisfy the loan cancellation provisions of this program; and

                J.             "Sponsoring institution" means a four-year public post-secondary institution located in New Mexico.

[7/15/98; Recompiled 10/31/01]                 STUDENT ELIGIBILITY:

                A.            Conditions for First Year Eligibility. An assistance loan may be awarded to an individual who:

                    (1)     is a citizen of the United States or a permanent resident alien and a resident (for tuition purposes) of New Mexico;

                    (2)     has received a degree from a New Mexico state supported four-year higher education institution;

                    (3)     has met the admission requirements and is accepted for enrollment as a full-time student in an eligible doctoral field of study in an eligible institution;

                    (4)     has been interviewed and approved by the sponsoring institution's academic committee;

                    (5)     has complied with all terms of the sponsoring institution for participation;

                    (6)     has complied with all commission rules and regulations for this loan-for-service program;

                    (7)     agrees to the terms in the approved contractual agreement of this loan-for-service program and has signed it;

                    (8)     is not in default on any educational loan unless the secretary of education or state guarantee agency determines the student has made satisfactory arrangements to repay the loan; and

                    (9)     does not owe a refund on a grant received for attendance at any institution under the Pell grant, supplemental educational opportunity grant (SEOG), New Mexico student incentive grant (NMSIG), New Mexico student choice grant, New Mexico scholars or similar federal or state funded program.

                B.            Conditions for Continuing Eligibility. An assistance loan may be re-awarded to a student who:

                    (1)     continues to meet all of the Section 8.1 [now Subsection A of NMAC] requirements;

                    (2)     has been an award recipient of a New Mexico minority doctoral assistance loan the previous year;

                    (3)     remains in good academic standing at the eligible institution;

                    (4)     is enrolled as a full-time doctoral student as determined by the eligible institution;

                    (5)     is pursuing the next year of a doctoral degree in an approved eligible doctoral field of study;

                    (6)     continues to reaffirm the contractual agreement; and

                    (7)     is recommended to continue by the sponsoring institution.

[7/15/98; Recompiled 10/31/01]                 SPONSORING INSTITUTION RESPONSIBILITIES:

                A.            Recruitment and Application Procedures:  Each sponsoring institution will develop appropriate materials to broadly advertise and screen candidates; the institution's academic committee will review all such materials and distribution approaches prior to their release.

                B.            Selection Procedures:

                    (1)     Each sponsoring institution will develop its own criteria for reviewing and ranking candidates.

                    (2)     Review criteria in ranking candidates shall be written, used to guide the academic committee and be available to all candidates whether or not they are award recipients.

                    (3)     A sponsoring institution must agree to sponsor only students who enroll in an eligible doctoral field of study.

                    (4)     Each sponsoring institution shall submit to the commission, for its consideration, the applications of those students it has nominated for participation in the loan-for-service program, a rank ordering of the applicants, a copy of the criteria used to rank the applicants and evidence to demonstrate that each applicant is from an ethnic or gender group underrepresented in the teaching faculty of the sponsoring institution.

                C.            Matching Funds:  Each sponsoring institution should clearly state its capacity and intent for providing matching funds to a successful applicant.

                D.            Administration:

                    (1)     The sponsoring institution must agree to appoint an individual with appropriate educational background, experience and institutional authority and responsibility to administer this program.

                    (2)     This individual shall certify that each application was reviewed and any candidate supported by the sponsoring institution has been reviewed to determine:

                              (a)     whether the student is from a group underrepresented in an eligible doctoral field;

                              (b)     that all commission-promulgated rules and regulations have been reviewed and adherence completed;

                              (c)     that the hiring academic department within the sponsoring institution will provide special orientation, practical experiences and frequent contacts with the recipient to prepare him or her for a successful teaching career upon graduation;

                              (d)     that a commission-approved contractual agreement has been signed by both the candidate and sponsoring institution; and

                              (e)     that upon successful completion of the doctorate the sponsoring institution assures that an appropriate tenure-track teaching position at a competitive salary will be offered the award recipient so that Section VI.D. requirements can be met.

                    (3)     The sponsoring institution must maintain appropriate records and submit periodic reports to the commission or its designee.

                E.             Terminated Assistanceships:  If an award recipient is terminated from this program prior to receiving his or her doctorate at an eligible institution, a hearing to show cause for termination shall be granted. If termination is sustained, the sponsoring institution shall attempt to place the award recipient in another eligible program, or shall determine repayment terms in the context of the contractual agreement. If the termination is not sustained, the award recipient shall continue to participate and adhere to all terms of participation until the doctorate has been received.

                F.             Placement:  If the sponsoring institution is unable to place the award recipient in a tenure-track faculty position, the sponsoring institution shall arrange placement at an alternate and mutually agreed upon in-state public post-secondary institution; such arrangement shall be subject to commission approval.

[7/15/98; Recompiled 10/31/01]               COMMISSION REVIEW AND SELECTION PROCESS:

                A.            Successful applicants must attend an eligible institution as approved by the commission; all awards shall be conditioned on admission to an eligible institution.

                B.            The commission's deadline for consideration of candidates, as submitted by the sponsoring institutions, will be March 15th for any year in which funds are appropriated to the commission for distribution. The executive director will notify each public college president of fund availability.

                C.            All minority doctoral assistance loan awards shall be based on a review of sponsored candidates with priority consideration given to sponsored candidates:

                    (1)     where matching financial commitments of the sponsoring institution are provided;

                    (2)     who will enroll in the fields of engineering, physical or life sciences or mathematics;

                    (3)     who receive an additional financial commitment upon satisfactory completion of the initial three years of participation, if needed; and

                    (4)     where in the commission's judgement the greatest likelihood of a successful doctoral education and subsequent teaching experience is detailed in the candidate application and institutional plan for support.

                D.            Application Procedures:  Interested students will apply directly to a potential sponsoring institution; appropriate deadlines shall be used.

                E.             Delegation of Administration:  The commission may designate an administrative agent for this program. The administrative agent shall be responsible for maintaining all records and disbursement of funds to participating sponsoring institutions through the individual appointed by the institution as administrator for the minority doctoral assistance loan program.

[7/15/98; Recompiled 10/31/01]               MINORITY DOCTORAL ASSISTANCE LOAN TERMS AND REPAYMENT:

                A.            Amount of Loan-For-Service Award:

                    (1)     Assistance loan awards shall be for an amount up to a maximum of twenty-five thousand dollars ($25,000) per year. An award recipient must be enrolled for at least the regular academic year and for full-time study to receive the full award.

                    (2)     An award recipient who is enrolled in an eligible institution for less than the regular academic year or for less than full-time study may receive a pro-rata share of the award.

                B.            Length of Award:

                    (1)     Each assistance loan-for-service award is for a period of one year.

                    (2)     An award recipient maintaining satisfactory progress during his or her first year of doctoral field of study may have the assistance loan renewed annually for up to three years for recipients who enter the program with a relevant masters degree or may be renewed annually for up to four years for recipients who enter the program with only a bachelors degree.

                C.            Contract and Promissory Note:

                    (1)     Each loan for service shall be executed by a promissory note payable upon demand to the state of New Mexico and sponsoring institution (proportional to their financial support), with an applied annual interest rate equal to and fixed at the 5-year treasury note rate established by the most recent auction held immediately prior to the date the contract is entered into plus two percent until paid or otherwise discharged in accordance with terms of this program.

                    (2)     The general form of any contract is to be approved by the New Mexico attorney general.

                    (3)     A contract shall be drawn between each student receiving a loan and the sponsoring institution on behalf of the state of New Mexico. The contract shall contain the following provisions:

                              (a)     payment by the state of a specified sum;

                              (b)     Sections 11.4 and 11.5 [now Subsections D and E of NMAC] (conditions of repayment or forgiveness);

                              (c)     statement that the loan shall bear interest at the designated rate per annum from the date of disbursement until paid, provision for conversion to a payout note and statement that interest will be charged on the unpaid principal balance only;

                              (d)     statement of legal responsibilities of borrower and that delinquent loans shall be collected by suit by the sponsoring institution for the balance due it and the state;

                              (e)     statement that in the event the award recipient fails to complete the terms of his or her contract, the entire indebtedness including interest due and accrued thereon shall, at the option of the sponsoring institution, become immediately due and payable;

                              (f)     statement that the sponsoring institution is vested with full and complete authority, power and responsibility to sue in its own name for any balance due it and the state from any award recipient breaching the terms of any such contract and promissory note; that a sponsoring institution shall use its best efforts to collect indebtedness, and that any negotiated repayment may not forgive any monies due the state or the sponsoring institution, must require payment of interest and must be approved by the commission;

                              (g)     statement that loans may be prepaid at any time without penalty, that payment on a loan not in repayment may be made in any amount, that payments on a matured promissory note shall be in the amounts of and be applied on the principal installments due on such note in the inverse order of the maturities of such installments, unless otherwise agreed; and

                              (h)     statement that award recipients must serve a complete year in order to receive forgiveness for that year.

                    (4)     The contract and promissory note entered into between the award recipient and sponsoring institution may be canceled upon approval of the commission for any reasonable cause deemed sufficient by the commission in accordance with its rules and regulations.

                D.            Service Requirements:

                    (1)     The contract shall require each award recipient to agree in writing to begin teaching at the sponsoring institution within five years of the completion of the doctoral degree.

                    (2)     The contract shall require the recipient to teach in a faculty position at the sponsoring institution for a minimum of one year for each year an assistance loan is awarded, to receive forgiveness. For each year of service provided, one year of the competitive award and all interest then accrued shall be forgiven in the order of disbursement.

                    (3)     The award recipient of an assistance loan provided by terms of these administrative regulations and legislation shall be considered to have discharged the full amount of the obligation, both principal and interest, upon certification of satisfactory completion of the required teaching as defined in this Section.

                    (4)     The borrower shall not be eligible for forgiveness of any loan amounts if the borrower does not teach continuously in a faculty position at the sponsoring institution or alternative institution for the number of years for which a grant was awarded.

                E.             Repayment:

                    (1)     Subject to applicable statutory limitations, the commission may modify the foregoing repayment periods for good cause.

                    (2)     In the event it becomes necessary, the commission may suspend loan payments using the following forbearance provisions:

                              (a)     forbearance will not be granted for periods extending beyond six months - the granting of a subsequent forbearance must be approved by the executive director of the commission (or designee);

                              (b)     the borrower must submit a written consent-waiver for authorization for current employment and address information concerning the borrower; and

                              (c)     noncompliance with forbearance terms causes the recipient's account status to revert to pre-forbearance status with appropriate accruals.

                    (3)     Loans may be prepaid at any time without penalty. Payment on a loan not in repayment may be made in any amount. Payments on a matured promissory note shall be in the amounts of and be applied on the principal installments due on such note in the inverse order of the maturities of such installments, unless otherwise agreed.

                    (4)     Authorized charges and fees:

                              (a)     late charges: borrower may be charged a late charge of five percent of the installment payment or five dollars ($5.00), whichever is less on any payment made later than ten days after it is due; and

                              (b)     attorney's fees, other charges and costs: borrower shall agree to pay all reasonable attorney's fees and other costs and charges necessary for the collection of any loan amount not paid when due.

                F.             Borrower has responsibility to notify the commission in advance of any address change and any other action which necessitates the execution of a promissory note. Borrower's failure to notify the commission or execute a promissory note on request shall cause the full principal and accumulated interest to immediately become due.

[7/15/98; Recompiled 10/31/01]               REPORTS:  The commission on higher education shall submit a report to the governor and the legislature prior to each regular legislative session. The preparation of the report will be a combined effort of the staff of the commission on higher education and the sponsoring institution(s).

[7/15/98; Recompiled 10/31/01]


History OF 5.7.12 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

CHE Rule 865, Minority Doctoral Assistance Loan for Service Program - Administrative Regulations, 8/15/91.

CHE Rule 865, Minority Doctoral Assistance Loan for Service Program - Administrative Regulations, 6/6/94.


History of Repealed Material:  [RESERVED]