N.M. Admin. Code § 5.99.1.9
Current through Register Vol. 36, No. 1, January 14, 2025
Section 5.99.1.9 - ACTIVITY THAT DOES NOT ESTABLISH A PHYSICAL PRESENCEThe following is a non-exhaustive list of activities, which if conducted by the institution, will not trigger a physical presence in New Mexico:
A. advertising to students whether through print, billboard, direct mail, internet, radio, television or other medium;B. maintaining a server, router or similar electronic service device housed in a facility that otherwise would not constitute physical presence (the presence of a server or similar pass-through switching device does not by itself constitute the offering of a course or program in the state);C. having faculty, adjunct faculty, mentors, tutors, recruiters or other academic personnel residing in New Mexico and working from their homes or another private, non-institutional site, provided that such staff is not engaged in activities that would otherwise constitute physical presence;D. using recruiters in New Mexico if the recruiter has registered as an agent pursuant to Section 21-24-1 through Section 21-21-9 NMSA 1978;E. independent off-campus study or research by students including, independent fieldwork for a thesis or dissertation, by individual students not engaged in a supervised field experience as defined in 5.99.1.11 NMAC and with no supervision or control by the student's institution; orF. facilitating student participation in off-campus field trips in New Mexico for academic purposes, so long as the field trip does not exceed more than 20 classroom hours in one six-month period, or the establishment of a residential or instructional facility by the institution in New Mexico.N.M. Admin. Code § 5.99.1.9
Adopted by New Mexico Register, Volume XXVIII, Issue 24, December 26, 2017, eff. 12/26/2017, Adopted by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/11/2018