[Rev. 11/21/2013 11:27:35
AM--2013]
CHAPTER 397 - WESTERN REGIONAL HIGHER
EDUCATION COMPACT
NRS 397.010 Execution
of compact authorized; notice of intention to withdraw.
NRS 397.020 Form
and contents.
NRS 397.030 Commissioners:
Number; qualifications; terms; removal.
NRS 397.040 Authority
of state officers; declaration of state policy; state agencies’ cooperation
with Commission.
NRS 397.050 Western
Regional Higher Education Compact Account: Creation; uses of money in Account.
NRS 397.055 Contract
with institution or state outside region.
NRS 397.0557 Western
Interstate Commission for Higher Education authorized to apply for and accept
grants; use of grant money for purchase of additional contract places.
NRS 397.060 Choice
and certification of students; reciprocity agreements authorizing out-of-state
institutions to provide distance education to residents of Nevada.
NRS 397.0615 Support
fee to be provided to chosen student; percentage of fee to be repaid.
NRS 397.0617 Condition
to receipt of support fee: Requirement that certain students practice
profession in medically underserved areas; waiver of loan for compliance with
condition; assessment of default charge for noncompliance.
NRS 397.062 Western
Interstate Commission for Higher Education’s Account for Miscellaneous
Expenses.
NRS 397.063 Western
Interstate Commission for Higher Education’s Fund for Student Loans; use of
money in Fund; required terms of student loans made before July 1, 1985.
NRS 397.064 Required
terms of student loans made on or after July 1, 1985; assessment of delinquency
charge.
NRS 397.0645 Period
that student must practice profession in Nevada to avoid repayment of state
contributions; regulations; credit for partial completion of period of required
practice.
NRS 397.065 Repayment
of state’s contributions for stipends by student who received stipend before
July 1, 1995.
NRS 397.0653 Repayment
of stipends received on or after July 1, 1995; exceptions.
NRS 397.0655 Delegation
of negotiation of terms of repayment.
NRS 397.066 Insurance
as security for stipend or loan; joint liability on stipend or loan.
NRS 397.067 Conditions
under which immediate repayment of loan may be required.
NRS 397.068 Penalties
for failure to comply with regulations.
NRS 397.0685 Reduction
of period of required practice.
NRS 397.069 Extension
of period for repayment of loan or stipend.
NRS 397.0695 Credit
on loan for professional services provided without compensation.
NRS 397.070 Accounts,
biennial reports and recommendations.
NRS 397.080 Signing
Compact.
_________
_________
NRS 397.010 Execution of compact authorized; notice of intention to
withdraw.
1. The Governor is hereby authorized and
directed to execute a compact on behalf of this state with each or all of the
13 western states for the purpose of cooperating with such states in the
formation of a Western Interstate Commission for Higher Education.
2. Notice of intention to withdraw from
such Compact shall be executed and transmitted by the Governor.
(Added to NRS by 1959, 74; A 1969, 61)
NRS 397.020 Form and contents. The
form and contents of such Compact shall be substantially as provided in this
section and the effect of its provisions shall be interpreted and administered
in conformity with the provisions of this chapter:
Western Regional Higher Education Compact
The contracting states do hereby agree as follows:
ARTICLE 1
WHEREAS, The future of this Nation and of the
Western States is dependent upon the quality of the education of its youth; and
WHEREAS, Many of the Western States individually
do not have sufficient numbers of potential students to warrant the
establishment and maintenance within their borders of adequate facilities in
all of the essential fields of technical, professional, and graduate training,
nor do all the states have the financial ability to furnish within their
borders institutions capable of providing acceptable standards of training in
all of the fields mentioned above; and
WHEREAS, It is believed that the Western States,
or groups of such states within the region, cooperatively can provide
acceptable and efficient educational facilities to meet the needs of the region
and of the students thereof;
Now, therefore, the States of Alaska, Arizona,
California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,
Washington, Wyoming, and Hawaii do hereby covenant and agree as follows:
ARTICLE 2
Each of the compacting states pledges to each of the
other compacting states faithful cooperation in carrying out all the purposes
of this compact.
ARTICLE 3
The compacting states hereby create the Western
Interstate Commission for Higher Education, hereinafter called the commission.
Said commission shall be a body corporate of each compacting state and an
agency thereof. The commission shall have all the powers and duties set forth
herein, including the power to sue and be sued, and such additional powers as
may be conferred upon it by subsequent action of the respective legislatures of
the compacting states.
ARTICLE 4
The commission shall consist of three resident members
from each compacting state. At all times one commissioner from each compacting
state shall be an educator engaged in the field of higher education in the
state from which the commissioner is appointed.
The commissioners from each state shall be appointed by
the governor thereof as provided by law in such state. Any commissioner may be
removed or suspended from office as provided by the law of the state from which
the commissioner shall have been appointed.
The terms of each commissioner shall be four years;
provided, however, that the first three commissioners shall be appointed as
follows: one for two years, one for three years, and one for four years. Each
commissioner shall hold office until his or her successor shall be appointed
and qualified. If any office becomes vacant for any reason, the governor shall
appoint a commissioner to fill the office for the remainder of the unexpired
term.
ARTICLE 5
Any business transacted at any meeting of the
commission must be by affirmative vote of a majority of the whole number of
compacting states.
One or more commissioners from a majority of the
compacting states shall constitute a quorum for the transaction of business.
Each compacting state represented at any meeting of the
commission is entitled to one vote.
ARTICLE 6
The commission shall elect from its number a chair and
a vice chair, and may appoint, and at its pleasure dismiss or remove, such
officers, agents, and employees as may be required to carry out the purpose of
this compact; and shall fix and determine their duties, qualifications and
compensation, having due regard for the importance of the responsibilities
involved.
The commissioners shall serve without compensation, but
shall be reimbursed for their actual and necessary expenses from the funds of
the commission.
ARTICLE 7
The commission shall adopt a seal and bylaws and shall
adopt and promulgate rules and regulations for its management and control.
The commission may elect such committees as it deems
necessary for the carrying out of its functions.
The commission shall establish and maintain an office
within one of the compacting states for the transaction of its business and may
meet at any time, but in any event must meet at least once a year. The chair
may call such additional meetings and upon the request of a majority of the
commissioners of three or more compacting states shall call additional
meetings.
The commission shall submit a budget to the governor of
each compacting state at such time and for such period as may be required.
The commission shall, after negotiations with
interested institutions, determine the cost of providing the facilities for
graduate and professional education for use in its contractual agreements
throughout the region.
On or before the fifteenth day of January of each year,
the commission shall submit to the governors and legislatures of the compacting
states a report of its activities for the preceding calendar year.
The commission shall keep accurate books of account,
showing in full its receipts and disbursements, and said books of account shall
be open at any reasonable time for inspection by the governor of any compacting
state or the designated representative of the governor. The commission shall
not be subject to the audit and accounting procedure of any of the compacting
states. The commission shall provide for an independent annual audit.
ARTICLE 8
It shall be the duty of the commission to enter into
such contractual agreements with any institutions in the region offering
graduate or professional education and with any of the compacting states as may
be required in the judgment of the commission to provide adequate services and
facilities of graduate and professional education for the citizens of the
respective compacting states. The commission shall first endeavor to provide
adequate services and facilities in the fields of dentistry, medicine, public
health, and veterinary medicine, and may undertake similar activities in other
professional and graduate fields.
For this purpose the commission may enter into
contractual agreements:
(a) With the governing authority of any
educational institution in the region, or with any compacting state, to provide
such graduate or professional educational services upon terms and conditions to
be agreed upon between contracting parties, and
(b) With the governing authority of any
educational institution in the region or with any compacting state to assist in
the placement of graduate or professional students in educational institutions
in the region providing the desired services and facilities, upon such terms
and conditions as the commission may prescribe.
It shall be the duty of the commission to undertake
studies of needs for professional and graduate educational facilities in the
region, the resources for meeting such needs, and the long-range effects of the
compact on higher education; and from time to time to prepare comprehensive
reports on such research for presentation to the Western Governors’ Conference
and to the legislatures of the compacting states. In conducting such studies,
the commission may confer with any national or regional planning body which may
be established. The commission shall draft and recommend to the governors of
the various compacting states, uniform legislation dealing with problems of
higher education in the region.
For the purposes of this compact the word “region”
shall be construed to mean the geographical limits of the several compacting
states.
ARTICLE 9
The operating costs of the commission shall be
apportioned equally among the compacting states.
ARTICLE 10
This compact shall become operative and binding
immediately as to those states adopting it whenever five or more of the states
of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, Wyoming, Alaska, and Hawaii have duly adopted it prior to
July 1, 1953. This compact shall become effective as to any additional states
or territory adopting thereafter at the time of such adoption.
ARTICLE 11
This compact may be terminated at any time by consent
of a majority of the compacting states. Consent shall be manifested by passage
and signature in the usual manner of legislation expressing such consent by the
legislature and governor of such terminating state. Any state may at any time
withdraw from this compact by means of appropriate legislation to that end.
Such withdrawal shall not become effective until two years after written notice
thereof by the governor of the withdrawing state accompanied by a certified
copy of the requisite legislative action is received by the commission. Such
withdrawal shall not relieve the withdrawing state from its obligations
hereunder accruing prior to the effective date of withdrawal. The withdrawing
state may rescind its action of withdrawal at any time within the two-year
period. Thereafter, the withdrawing state may be reinstated by application to
and the approval by a majority vote of the commission.
ARTICLE 12
If any compacting state shall at any time default in
the performance of any of its obligations assumed or imposed in accordance with
the provisions of this compact, all rights, privileges and benefits conferred
by this compact or agreements hereunder, shall be suspended from the effective
date of such default as fixed by the commission.
Unless such default shall be remedied within a period
of two years following the effective date of such default, this compact may be
terminated with respect to such defaulting state by affirmative vote of
three-fourths of the other member states.
Any such defaulting state may be reinstated by: (a)
performing all acts and obligations upon which it has heretofore defaulted, and
(b) application to and the approval by a majority vote of the commission.
(Added to NRS by 1959, 74; A 1969, 61)
NRS 397.030 Commissioners: Number; qualifications; terms; removal.
1. In furtherance of the provisions
contained in the Compact, there must be three Commissioners from the State of
Nevada, appointed by the Governor.
2. The qualifications and terms of the
three Nevada State Commissioners must be in accordance with Article 4 of the
Compact. A Nevada State Commissioner shall hold office until his or her
successor is appointed and qualified, but the successor’s term expires 4 years
after the legal date of expiration of the term of his or her predecessor.
3. Any Nevada State Commissioner may be
removed from office by the Governor upon charges and after a hearing.
4. The term of any Nevada State
Commissioner who ceases to hold the required qualifications terminates when a
successor is appointed.
(Added to NRS by 1959, 78; A 1981, 65; 1985, 419; 2003, 938)
NRS 397.040 Authority of state officers; declaration of state policy; state
agencies’ cooperation with Commission.
1. All officers of the State are hereby
authorized and directed to do all things falling within their respective
provinces and jurisdiction necessary or incidental to the carrying out of the
Compact in every particular, it being hereby declared to be the policy of this
state to perform and carry out the Compact and to accomplish the purposes
thereof.
2. All officers, bureaus, departments and persons
of and in the State Government or administration of the State are hereby
authorized and directed at convenient times and upon request of the Commission
to furnish the Commission with information and data possessed by them and to
aid the Commission by any means lying within their legal rights.
(Added to NRS by 1959, 78)
NRS 397.050 Western Regional Higher Education Compact Account: Creation;
uses of money in Account.
1. Money to carry out the provisions of
this chapter must be provided by direct legislative appropriation from the
State General Fund and must be accounted for in the Western Regional Higher
Education Compact Account which is hereby created.
2. The money in the Account may be used by
the three Nevada State Commissioners appointed pursuant to NRS 397.030:
(a) To pay dues to the Western Interstate
Commission for Higher Education.
(b) To meet necessary administrative expenses.
(Added to NRS by 1959, 78; A 1963, 619; 1977, 429;
1983, 312; 2003,
939)
NRS 397.055 Contract with institution or state outside region.
1. Whenever the three Nevada State
Commissioners appointed pursuant to NRS 397.030 are
unable to provide contract places for Nevada residents in graduate or
professional schools pursuant to contractual agreements authorized by Article 8
of the Compact, or the cost of attending a school within the region is
excessive, they may enter into contractual agreements with the governing
authority of any educational institution offering accredited graduate and
professional education outside the region of the Compact or with any state
outside the region.
2. The terms and conditions of any such
agreements must adhere to the same standards which are observed in the
selection of contract places for Nevada residents in graduate or professional
schools within the region.
(Added to NRS by 1975, 330; A 1981, 1017; 2003, 939)
NRS 397.0557 Western Interstate Commission for Higher Education authorized to
apply for and accept grants; use of grant money for purchase of additional
contract places. The Western
Interstate Commission for Higher Education may apply for and accept grants.
Upon receipt of sufficient grants, the Commission may enter into binding
agreements to purchase additional contract places for Nevada residents in
graduate or professional schools within the region. The provisions of NRS 397.060 apply to the selection and certification
of students to fill any contract place purchased pursuant to this section. The
provisions of NRS 397.0615, 397.0645 and 397.0653 do
not apply to financial support provided to a student pursuant to this section.
The terms and conditions of repayment, if any, must be set forth fully in a
contract between the student and the grantor.
(Added to NRS by 1995, 357)
NRS 397.060 Choice and certification of students; reciprocity agreements
authorizing out-of-state institutions to provide distance education to
residents of Nevada. The three
Nevada State Commissioners, acting jointly:
1. Shall:
(a) Choose from among Nevada residents who apply,
and have at least 1 year’s residence in this state immediately before applying
for the program, those most qualified for contract places; and
(b) Certify them to receiving institutions.
2. May enter into any reciprocity agreement,
including, without limitation, the State Authorization Reciprocity Agreement,
for the purpose of authorizing a postsecondary educational institution that is
located in another state or territory of the United States to provide distance
education to residents of this State if the requirements contained in the
agreement for authorizing a postsecondary educational institution that is
located in another state or territory of the United States to provide distance
education to residents of this State are substantially similar to the
requirements for licensure of a postsecondary educational institution by the
Commission on Postsecondary Education pursuant to NRS 394.383 to 394.560, inclusive. As used in this
subsection, “postsecondary educational institution” has the meaning ascribed to
it in NRS 394.099.
(Added to NRS by 1959, 79; A 1960, 375; 1967, 1055;
1981, 1036; 1983, 1345; 1985, 849; 2003, 939; 2013, 1671)
NRS 397.0615 Support fee to be provided to chosen student; percentage of fee
to be repaid. Financial support
provided to a student who is chosen by the three Nevada State Commissioners to
receive such support from the Western Interstate Commission for Higher
Education must be provided in the form of a support fee. Except as otherwise
provided in NRS 397.0617, 25 percent of the
support fee is a loan that the student must repay with interest pursuant to NRS 397.063 or 397.064, as
appropriate. Seventy-five percent of the support fee is a stipend that the
student is not required to repay, except as otherwise provided in NRS 397.0653.
(Added to NRS by 1995, 355; A 1997, 946; 2003, 939)
NRS 397.0617 Condition to receipt of support fee: Requirement that certain
students practice profession in medically underserved areas; waiver of loan for
compliance with condition; assessment of default charge for noncompliance.
1. The provisions of this section apply
only to support fees received by a student on or after July 1, 1997.
2. The three Nevada State Commissioners,
acting jointly, may require a student who is certified to study to practice in
a profession which could benefit a medically underserved area of this State, as
that term is defined by the Officer of Rural Health of the University of Nevada
School of Medicine, to practice in such an area or to practice in an area
designated by the Secretary of Health and Human Services:
(a) Pursuant to 42 U.S.C. § 254c, as containing a
medically underserved population; or
(b) Pursuant to 42 U.S.C. § 254e, as a health
professional shortage area,
Ê as a
condition to receiving a support fee.
3. If a person agrees to practice in a
medically underserved area of this State pursuant to subsection 2 for at least
2 years, the three Nevada State Commissioners, acting jointly, may forgive the
portion of the support fee designated as the loan of the person.
4. If a person returns to this State but does
not practice in a medically underserved area of this State pursuant to
subsection 2 for at least 2 years, the three Nevada State Commissioners, acting
jointly, shall assess a default charge in an amount not less than three times
the portion of the support fee designated as the loan of the person, plus
interest.
5. As used in this section, a “profession
which could benefit a medically underserved area of this State” includes,
without limitation, dentistry, physical therapy, pharmacy and practicing as a
physician assistant licensed pursuant to chapter
630 or 633 of NRS.
(Added to NRS by 1997, 946; A 2001, 780; 2003, 939; 2007, 1852)
NRS 397.062 Western Interstate Commission for Higher Education’s Account for
Miscellaneous Expenses.
1. There is hereby created an account in
the State General Fund entitled the Western Interstate Commission for Higher
Education’s Account for Miscellaneous Expenses. Any money received by the three
Nevada State Commissioners as the proceeds of any penalty or appropriated or
authorized for the purposes of this section must be deposited in this Account.
2. The three Nevada State Commissioners,
acting jointly, shall administer the Account and the money in the Account must
be used to:
(a) Pay miscellaneous expenses incurred in
administering the Western Interstate Commission for Higher Education’s Fund for
Student Loans; and
(b) Pay expenses incurred in collecting money due
the State from a student loan or a stipend granted from the Western Interstate
Commission for Higher Education’s Fund for Student Loans.
(Added to NRS by 1985, 848; A 2003, 940)
NRS 397.063 Western Interstate Commission for Higher Education’s Fund for
Student Loans; use of money in Fund; required terms of student loans made
before July 1, 1985.
1. All contributions from students must be
accounted for in the Western Interstate Commission for Higher Education’s Fund
for Student Loans which is hereby created as an enterprise fund.
2. The three Nevada State Commissioners,
acting jointly, shall administer the Fund, and the money in the Fund must be
used solely to provide:
(a) Loans to; and
(b) Contractual arrangements for educational
services and facilities for,
Ê residents of
Nevada who are certified to attend graduate or professional schools in
accordance with the provisions of the Western Regional Higher Education
Compact.
3. Loans from the Western Interstate
Commission for Higher Education’s Fund for Student Loans, before July 1, 1985,
and loans made to students classified as continuing students before July 1,
1985, must be made upon the following terms:
(a) All student loans must bear interest at 5
percent per annum from the date when the student receives the loan.
(b) Each student receiving a loan must repay the
loan with interest following the termination of the student’s education or
completion of the student’s internship in accordance with the following
schedule:
(1) Within 5 years for loans which total
less than $10,000.
(2) Within 8 years for loans which total
$10,000 or more but less than $20,000.
(3) Within 10 years for loans which total
$20,000 or more.
(c) No student loan may exceed 50 percent of the
student fees for any academic year.
(Added to NRS by 1977, 428; A 1983, 312; 1985, 849; 1997, 125; 2001, 2753; 2003, 940)
NRS 397.064 Required terms of student loans made on or after July 1, 1985;
assessment of delinquency charge. Loans,
from the Western Interstate Commission for Higher Education’s Fund for Student
Loans, to students who enter the program on or after July 1, 1985, must be made
upon the following terms:
1. All loans must bear a competitive
interest rate, which must be established by the three Nevada State
Commissioners, acting jointly, from the first day of the academic term for
which the student received the loan. The three Nevada State Commissioners,
acting jointly, may delegate to the Director of the Western Interstate
Commission for Higher Education the authority to establish the interest rate
pursuant to this section.
2. Except as otherwise provided in NRS 397.0617, each student receiving a loan must
repay the loan with interest following the termination of the student’s
education or completion of the student’s internship for which the loan is made.
3. The loan must be repaid in monthly
installments over the period allowed, as set forth in subsection 4, with the
first installment due 1 year after the date of the termination of the student’s
education or the completion of the student’s internship for which the loan is
made. The amounts of the installments may not be less than $50 and may be
calculated to allow a smaller payment at the beginning of the repayment period,
with each succeeding payment gradually increasing so that the total amount due
will have been paid within the period allowed for repayment.
4. The three Nevada State Commissioners,
acting jointly, shall, or shall delegate to the Director of the Western
Interstate Commission for Higher Education the power to, schedule the repayment
within the following periods:
(a) Five years for loans which total less than
$10,000.
(b) Eight years for loans which total $10,000 or
more but less than $20,000.
(c) Ten years for loans which total $20,000 or
more.
5. A student loan may not exceed 50
percent of the student fees for any academic year.
6. A delinquency charge may be assessed on
any installment delinquent 10 days or more in an amount that must be
established by the three Nevada State Commissioners, acting jointly. The Nevada
State Commissioners, acting jointly, may delegate to the Director of the Western
Interstate Commission for Higher Education the authority to establish an
appropriate delinquency charge pursuant to this subsection.
7. The reasonable costs of collection and
an attorney’s fee may be recovered in the event of delinquency.
(Added to NRS by 1985, 846; A 1995, 357; 1997, 947; 2003, 941; 2007, 610)
NRS 397.0645 Period
that student must practice profession in Nevada to avoid repayment of state
contributions; regulations; credit for partial completion of period of required
practice.
1. A student who receives from the Western
Interstate Commission for Higher Education a stipend governed by the provisions
of NRS 397.065 or 397.0653
must repay all state contributions for the stipend unless the student
practices, in Nevada, the profession which he or she was certified to study:
(a) For 3 years, if the student entered the
program before July 1, 1985;
(b) For 1 year for each academic year the student
receives a stipend, if he or she enters the program after June 30, 1985; or
(c) For 1 year for each 9 months the student
receives a stipend, if he or she enters the program after June 30, 1985, and is
enrolled in an accelerated program that provides more than 1 academic year of
graduate and professional education in 9 months,
Ê within 5
years after the completion or termination of the student’s education,
internship or residency for which he or she receives the stipend.
2. The three Nevada State Commissioners,
acting jointly, may adopt regulations which:
(a) Reduce the period of required practice for a
person who practices his or her profession in a rural area of this state or as
an employee of this state.
(b) Extend the time for completing the required
practice beyond 5 years for a person who is granted an extension because of
hardship.
3. If the period for the required practice
is only partially completed, the Commission may give credit towards repayment
of the stipend for the time the person practiced his or her profession as
required.
(Added to NRS by 1995, 356; A 2003, 941)
NRS 397.065 Repayment of state’s contributions for stipends by student who
received stipend before July 1, 1995.
1. The provisions of this section apply
only to stipends received by a student before July 1, 1995.
2. Each student entering the Western
Regional Higher Education Compact program after April 23, 1977, must repay all
state contributions for stipends which the student receives from the Western
Interstate Commission for Higher Education unless the student practices, in
Nevada, for the period determined pursuant to NRS
397.0645, the profession which he or she was certified to study.
3. Stipends granted before July 1, 1985,
and stipends granted to students classified as continuing students before July
1, 1985, must be repaid within the same period established for the repayment of
loans in NRS 397.063. Stipends granted before July
1, 1985, and stipends granted to students classified as continuing students
before July 1, 1985, do not bear interest.
4. Stipends granted to students entering
the program on or after July 1, 1985, must be repaid in the same manner, within
the same period and at the same rate of interest established for the repayment
of loans in NRS 397.064.
(Added to NRS by 1977, 428; A 1981, 984; 1983, 313; 1985, 849; 1995, 358)
NRS 397.0653 Repayment of stipends received on or after July 1, 1995;
exceptions.
1. The provisions of this section apply
only to stipends received by a student on or after July 1, 1995.
2. Each student must repay all stipends
which the student receives from the Western Interstate Commission for Higher
Education unless the student:
(a) Practices, in Nevada, for the period
determined pursuant to NRS 397.0645, the
profession which he or she was certified to study.
(b) Reports his or her practice status annually
on forms provided by the Commission.
(c) Except as otherwise approved by the
Commission, commences his or her practice obligation within 1 year after
completion or termination of the education, internship or residency for which
the student received the stipend.
(d) Maintains his or her permanent residence in
the State of Nevada throughout the period of his or her practice obligation.
For the purposes of this section, a person who leaves the State for a limited
period of time without forming the intent of changing his or her permanent
residence is not considered to have moved his or her residence.
(e) Graduates with a degree in the area of study
for which the student received the stipend.
(f) Completes his or her practice obligation
within the period specified in NRS 397.0645.
3. A stipend that must be repaid in
accordance with this section must be repaid under the following terms:
(a) All stipends must bear interest at 8 percent
per annum from the first day of the academic term for which the student
received the support fee.
(b) The balance due must be repaid in monthly
installments within the following periods:
(1) Five years for stipends which total,
including interest, less than $10,000.
(2) Eight years for stipends which total,
including interest, $10,000 or more but less than $20,000.
(3) Ten years for stipends which total,
including interest, $20,000 or more.
(Added to NRS by 1995, 355)
NRS 397.0655 Delegation of negotiation of terms of repayment. The three Nevada State Commissioners may, by
regulation, delegate to the Director of the Western Interstate Commission for
Higher Education the authority to negotiate the terms of repayment, including
how and when payments will be made on loans or stipends in default. The three
Nevada State Commissioners may not delegate the authority to reduce the
principal balance owing.
(Added to NRS by 1995, 356; A 2003, 942)
NRS 397.066 Insurance as security for stipend or loan; joint liability on
stipend or loan. The three Nevada
State Commissioners, acting jointly, may require:
1. A student to acquire, as security for a
stipend or student loan, insurance on the student’s life and on the student’s
health or against his or her disability, or both.
2. That a financially responsible person
agree to be jointly liable with the recipient for the repayment of the loan or
stipend.
(Added to NRS by 1985, 847; A 2003, 942)
NRS 397.067 Conditions under which immediate repayment of loan may be
required. The three Nevada State
Commissioners, acting jointly, may, or may delegate to the Director of the
Western Interstate Commission for Higher Education the power to, require, upon
notice to a recipient of a loan, that the recipient repay the balance and any
unpaid interest on the loan at once if:
1. An installment is not paid within 30
days after it is due;
2. The recipient fails to notify the three
Nevada State Commissioners, within 30 days, of:
(a) A change of name or of the address of the
recipient’s home or place of practice; or
(b) The termination of the recipient’s education
or completion of his or her internship for which he or she receives the loan;
or
3. The recipient fails to comply with any
other requirement or perform any other obligation the recipient is required to
perform pursuant to any agreement under the program.
(Added to NRS by 1985, 847; A 1995, 358; 2003, 942)
NRS 397.068 Penalties for failure to comply with regulations. A recipient of a loan or a stipend under the
program of the Western Interstate Compact for Higher Education shall comply
with the regulations adopted by the Commission or the three Nevada State
Commissioners. If the recipient fails so to comply, the three Nevada State
Commissioners, acting jointly, may:
1. For each infraction, impose a fine of
not more than $200 against any recipient in any academic year, and may deny
additional money to any student who fails to pay the fine when due;
2. Increase the portion of any future loan
to be repaid by the recipient;
3. Extend the time a recipient is required
to practice his or her profession to repay his or her stipend; and
4. Expel the recipient from the program.
(Added to NRS by 1985, 847; A 2003, 942)
NRS 397.0685 Reduction of period of required practice.
1. The three Nevada State Commissioners,
acting jointly, may, after receiving a written application stating the reasons
therefor, reduce the period of required practice for the repayment of a stipend
under NRS 397.0645 if the applicant:
(a) Has had at least 1 continuous year of
practice of his or her profession in this state, and practices his or her
profession in a rural area of this state. The applicant’s practice in the rural
area must be equal to at least half of the total time spent by the applicant in
his or her professional practice, and not less than 20 hours per week.
(b) Practices his or her profession as a
full-time employee of the State of Nevada and has been employed by the State
for at least 1 continuous year immediately before his or her application.
2. Any claim as to practice must be
verified.
(Added to NRS by 1985, 848; A 1995, 359; 2003, 943)
NRS 397.069 Extension of period for repayment of loan or stipend.
1. The three Nevada State Commissioners,
acting jointly, may after receiving an application stating the reasons
therefor, grant an extension of the period for the repayment of a loan or a
stipend under the program in case of hardship arising out of the individual
circumstances of a recipient. The extension must be for a period that will
reasonably alleviate that hardship.
2. Applications for extensions must be
filed within the time prescribed by regulation of the three Nevada State
Commissioners, acting jointly.
(Added to NRS by 1985, 848; A 2003, 943)
NRS 397.0695 Credit on loan for professional services provided without
compensation. A person obligated
to repay a student loan may, as determined by the three Nevada State
Commissioners, acting jointly, receive credit towards payment of the loan for
professional services provided without compensation to the State or any of its
political subdivisions.
(Added to NRS by 1985, 848; A 2003, 943)
NRS 397.070 Accounts, biennial reports and recommendations. The Commission shall:
1. Keep accurate accounts of its
activities.
2. Report to the Governor and the
Legislature before September 1 of any year preceding a regular session of the
Legislature, setting forth in detail the transactions conducted by it during
the biennium ending June 30 of such year.
3. Make recommendations for any
legislative action deemed by it advisable, including amendments to the statutes
which may be necessary to carry out the intent and purposes of the Compact
between the signatory states.
(Added to NRS by 1959, 79; A 1969, 1457)
NRS 397.080 Signing Compact. When
the Governor, on behalf of the states, executes the Compact, the Governor shall
attach his or her signature thereto under a recital that such Compact is
executed pursuant to the provisions of this chapter, subject to the limitations
and qualifications contained in this chapter, in aid and furtherance thereof.
(Added to NRS by 1959, 79)
