Nrs: Chapter 397 - Western Regional Higher Education Compact

Link to law: https://www.leg.state.nv.us/NRS/NRS-397.html
Published: 2015

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[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)