N.M. Stat. § 21-2-3

There is created the “state commission on post-secondary education”. The commission on higher education [higher education department] is designated the state commission. For the purposes of the Post-Secondary Educational Planning Act [ 21-2-1 NMSA 1978 ], the commission on higher education [higher education department], in functioning as the state commission, is charged with a concern for all types of post-secondary education and all types of educational institutions and programs as enumerated in Section 21-2-2 NMSA 1978 . Whenever federal statutes and regulations so require, the state commission may request the governor to appoint, for specific functions relating to federally sponsored programs, supplementary members to the state commission, and members shall be appointed by the governor to fulfill those specific functions as requested. When sitting with the state commission, the supplementary members shall have, for purposes of the specific functions for which they were appointed, all the powers and perquisites of regular members of the state commission.