2011 New Mexico Statutes
Chapter 21: State and Private Education Institutions
Article 23: Post-Secondary Educational Institution Act, 21-23-1 through 21-23-15
Section 21-23-7: Claims; limitations; appeals.

21-23-7. Claims; limitations; appeals.

A. Any person having a claim against a career school licensed by the commission or that career school's agents, instructors or other personnel shall first seek resolution of the claim with the career school; thereafter, a person may file a verified complaint with the commission, setting forth the basis of the claim and the name and address of the career school complained against and any other persons involved or having knowledge of the claim. All claims shall be limited to the amount of tuition actually paid or to any charge or fee received by the career school or its agents or employees.

B. Upon the receipt of a verified complaint, the commission or its authorized employee shall attempt to resolve the claim outlined in the complaint. The commission or its authorized employee may convene a hearing and shall give written notice to the career school and to all persons involved of the hearing and its time, date and place. The notice shall state that the hearing is an informal one for the purpose of determining the facts surrounding the claim and, if the claim is correct, to effect a settlement by persuasion and conciliation.

C. In the event that the party complained against refuses to attend the hearing or effect the settlement of any claim determined by the commission to be correct, the commission shall invoke its powers to take such action as shall be necessary for the indemnification of the claimant.

D. Any person aggrieved by a commission decision rendered subsequent to a claim hearing may appeal to the district court in the judicial district in which the hearing was conducted. The appeal shall be based upon the record established at the claim hearing.