New Mexico Statutes Chapter 9. Executive Department § 9-25-5. Secretary;  appointment

A. The administrative head of the department is the “secretary of higher education”, who shall be appointed by the governor with the consent of the senate and who shall serve in the executive cabinet.  The secretary shall possess a terminal degree from a regionally accredited post-secondary educational institution, a minimum of five years of senior administrative experience, experience in higher education and experience in the development of public policy at the state or federal level.

B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the secretary's appointment.