[Rev. 5/24/2016 3:43:07 PM--2015]

CHAPTER 397 - WESTERN REGIONAL EDUCATION COMPACT

NRS 397.005†††††††††† ďStateĒ defined.

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; authority.

NRS 397.040†††††††††† Authority of state officers; declaration of state policy; state agenciesí 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 applicants; 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 applicant; percentage of fee to be repaid.

NRS 397.0617†††††††† Condition to receipt of support fee: Requirement that certain participants practice profession in health professional shortage area, medically underserved area or to benefit medically underserved population; waiver of stipend for compliance with condition; assessment of default charge or conversion of stipend to loan for noncompliance.

NRS 397.062†††††††††† Western Interstate Commission for Higher Educationís Account for Administrative Expenses.

NRS 397.063†††††††††† Western Interstate Commission for Higher Educationís Loan and Stipend Fund; use of money in Fund; required terms of student loans made before July 1, 1985.

NRS 397.064†††††††††† Required terms of participant loans made on or after July 1, 1985; assessment of delinquency charge.

NRS 397.0645†††††††† Period that participant 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 stateís contributions for stipends by participant 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 397.005  ďStateĒ defined.  As used in this chapter, ďstateĒ means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of the Northern Mariana Islands.

††††† (Added to NRS by 2015, 1502)

††††† 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 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, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming, and the Commonwealth of the Northern Mariana Islands 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 Governorsí 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 ďregionĒ 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; 2015, 1502)

††††† NRS 397.030  Commissioners: Number; qualifications; terms; removal; authority.

††††† 1.  In furtherance of the provisions contained in the Compact, there must be three Commissioners from the State of Nevada, appointed by the Governor to serve in the Office of the Western Regional Education Compact created by NRS 223.700.

††††† 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 successorís 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.

††††† 5.  The three Nevada State Commissioners, acting jointly, may:

††††† (a) Adopt regulations as necessary to carry out the provisions of this chapter; and

††††† (b) At a meeting held in accordance with the provisions of chapter 241 of NRS, delegate to an officer or employee of the Nevada Office of the Western Interstate Commission for Higher Education the authority to undertake any actions authorized or required by the provisions of this chapter, except that any agreement that will be binding on the Commission must be approved by the Commission.

††††† (Added to NRS by 1959, 78; A 1981, 65; 1985, 419; 2003, 938; 2015, 1506, 2121)

††††† NRS 397.040  Authority of state officers; declaration of state policy; state agenciesí 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, or the three Nevada State Commissioners, acting jointly, 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 applicants 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 participant pursuant to this section. The terms and conditions of repayment, if any, must be set forth fully in a contract between the participant and the grantor.

††††† (Added to NRS by 1995, 357; A 2015, 1506)

††††† NRS 397.060  Choice and certification of applicants; 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 for a program administered by the Nevada Office of the Western Interstate Commission for Higher Education, and have at least 1 yearís residence in this state immediately before applying for the program, those most qualified for contract places; and

††††† (b) Certify them to receiving institutions or locations at which an applicant will practice his or her profession.

††††† 2.  Shall choose from among the applicants, for a program administered by the Nevada Office of the Western Interstate Commission for Higher Education, who apply for a support fee of 100 percent stipend for practice in certain professions and locations, and who lack at least 1 year of residence in this State immediately before applying for the program, those most qualified for contract places.

††††† 3.  Shall review and certify the list of Nevada applicants for programs administered by the Regional Office of the Western Interstate Commission for Higher Education.

††††† 4.  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, ďpostsecondary educational institutionĒ 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; 2015, 1506)

††††† NRS 397.0615  Support fee to be provided to chosen applicant; percentage of fee to be repaid.  Financial support provided to an applicant 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 recipient 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 recipient is not required to repay, except as otherwise provided in NRS 397.0653.

††††† (Added to NRS by 1995, 355; A 1997, 946; 2003, 939; 2015, 1507)

††††† NRS 397.0617  Condition to receipt of support fee: Requirement that certain participants practice profession in health professional shortage area, medically underserved area or to benefit medically underserved population; waiver of stipend for compliance with condition; assessment of default charge or conversion of stipend to loan for noncompliance.

††††† 1.  The provisions of this section apply only to support fees received by a participant on or after July 1, 1997.

††††† 2.  The three Nevada State Commissioners, acting jointly, may require a participant who is certified to practice in a profession which could benefit a health professional shortage area, a medically underserved area or a medically underserved population of this State, as those terms are defined by the Office of Statewide Initiatives of the University of Nevada School of Medicine, to practice in such an area or with such a population, or to practice in an area designated by the Secretary of Health and Human Services:

††††† (a) Pursuant to 42 U.S.C. ß 254c, as containing a medically underserved population; or

††††† (b) Pursuant to 42 U.S.C. ß 254e, as a health professional shortage area,

  as a condition to receiving a support fee.

††††† 3.  The three Nevada State Commissioners, acting jointly, may forgive the portion of the support fee designated as the stipend of a participant if that participant agrees to practice in a health professional shortage area, a medically underserved area or an area with a medically underserved population of this State pursuant to subsection 2 for a period of time equal to the lesser of:

††††† (a) One year for each year the participant receives a support fee; or

††††† (b) One year for each 9 months the participant receives a support fee and is enrolled in an accelerated program that provides more than 1 academic year of graduate and professional education in 9 months,

  but in no case for a period of time more than 2 years.

††††† 4.  For a participant to qualify for forgiveness pursuant to subsection 3, the participant must complete the relevant practice within 5 years after the completion or termination of the participantís education, internship or residency for which the participant received the support fee.

††††† 5.  If a participant returns to or remains in this State but does not practice in a health professional shortage area, a medically underserved area or an area with a medically underserved population of this State pursuant to subsections 2, 3 and 4, the three Nevada State Commissioners, acting jointly, shall:

††††† (a) Assess a default charge in an amount not less than three times the support fees, plus interest; and

††††† (b) Convert the portion of the support fee designated as the stipend into a loan to be repaid in accordance with NRS 397.064 from the first day of the term for which the participant received the support fee.

††††† 6.  As used in this section, a ďprofession which could benefit a health professional shortage area, a medically underserved area or an area with a medically underserved population of this StateĒ 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; 2015, 1507)

††††† NRS 397.062  Western Interstate Commission for Higher Educationís Account for Administrative Expenses.

††††† 1.  There is hereby created an account in the State General Fund entitled the Western Interstate Commission for Higher Educationís Account for Administrative Expenses. Any money received by the three Nevada State Commissioners as the proceeds of any penalty or appropriated or authorized from the State General Fund for the purposes of carrying out the provisions of this chapter 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 Educationís Loan and Stipend Fund; and

††††† (b) Pay expenses incurred in collecting money due the State from a loan or a stipend granted from the Western Interstate Commission for Higher Educationís Loan and Stipend Fund.

††††† 3.  The money in the Account may be used by the three Nevada State Commissioners, acting jointly, to:

††††† (a) Pay dues to the Western Interstate Commission for Higher Education; and

††††† (b) Pay administrative expenses of the Nevada Office of the Western Interstate Commission for Higher Education.

††††† (Added to NRS by 1985, 848; A 2003, 940; 2015, 1508)

††††† NRS 397.063  Western Interstate Commission for Higher Educationís Loan and Stipend Fund; use of money in Fund; required terms of student loans made before July 1, 1985.

††††† 1.  All contributions from participants must be accounted for in the Western Interstate Commission for Higher Educationís Loan and Stipend Fund 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,

  residents of Nevada who are certified to attend graduate or professional schools in accordance with the provisions of this chapter.

††††† 3.  Loans from the Western Interstate Commission for Higher Educationís Loan and Stipend Fund 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 loans must bear interest at 5 percent per annum from the date when the participant receives the loan.

††††† (b) Each participant receiving a loan must repay the loan with interest following the termination of the participantís education or completion of the participantís 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 participantís 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; 2015, 1508)

††††† NRS 397.064  Required terms of participant loans made on or after July 1, 1985; assessment of delinquency charge.  Loans from the Western Interstate Commission for Higher Educationís Loan and Stipend Fund to participants 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 term for which the participant received the loan. The three Nevada State Commissioners, acting jointly, may delegate to the Director of the Nevada Office 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 participant receiving a loan must repay the loan with interest following the termination of the participantís education or completion of the participantís 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 participantís education or the completion of the participantís 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 Nevada Office 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 participantís 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 Nevada Office 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 attorneyís fees may be recovered in the event of delinquency.

††††† (Added to NRS by 1985, 846; A 1995, 357; 1997, 947; 2003, 941; 2007, 610; 2015, 1509)

††††† NRS 397.0645  Period that participant must practice profession in Nevada to avoid repayment of state contributions; regulations; credit for partial completion of period of required practice.

††††† 1.  A participant 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 participant practices, in Nevada, the profession in which the participant was certified:

††††† (a) For 3 years, if the participant entered the program before July 1, 1985;

††††† (b) For 1 year for each year the participant receives a stipend, if the participant enters the program after June 30, 1985; or

††††† (c) For 1 year for each 9 months the participant receives a stipend, if the participant 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,

  within 5 years after the completion or termination of the participantís education, internship or residency for which the participant receives the stipend.

††††† 2.  The three Nevada State Commissioners, acting jointly, may adopt regulations which:

††††† (a) Reduce the period of required practice for a participant who practices his or her profession in a rural area, a health professional shortage area, a medically underserved area or an area with a medically underserved population of this state as described in NRS 397.0617, or as an employee of this state in accordance with NRS 397.0685.

††††† (b) Extend the time for completing the required practice beyond 5 years for a participant who is granted an extension because of hardship.

††††† 3.  If the period for the required practice is only partially completed, the three Nevada State Commissioners, acting jointly, may give credit towards repayment of the stipend for the time the participant practiced his or her profession as required.

††††† (Added to NRS by 1995, 356; A 2003, 941; 2015, 1510)

††††† NRS 397.065  Repayment of stateís contributions for stipends by participant who received stipend before July 1, 1995.

††††† 1.  The provisions of this section apply only to stipends received by a participant before July 1, 1995.

††††† 2.  Each participant entering the Western Regional Education Compact program after April 23, 1977, must repay all state contributions for stipends which the participant receives from the Western Interstate Commission for Higher Education unless the participant practices, in Nevada, for the period determined pursuant to NRS 397.0645, the profession in which the participant was certified.

††††† 3.  Stipends granted before July 1, 1985, and stipends granted to participants 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 participants classified as continuing students before July 1, 1985, do not bear interest.

††††† 4.  Stipends granted to participants 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; 2015, 1510)

††††† 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 participant on or after July 1, 1995.

††††† 2.  Each participant must repay all stipends which the participant receives from the Western Interstate Commission for Higher Education unless the participant:

††††† (a) Practices, in Nevada, for the period determined pursuant to NRS 397.0645, the profession in which he or she was certified.

††††† (b) Reports the participantís practice status annually on forms provided by the Commission.

††††† (c) Except as otherwise approved by the Commission, commences the participantís practice obligation within 1 year after completion or termination of the education, internship or residency for which the participant received the stipend.

††††† (d) Maintains the participantís permanent residence in the State of Nevada throughout the period of the participantís practice obligation. For the purposes of this section, a participant who leaves the State for a limited period of time without forming the intent of changing the participantís permanent residence is not considered to have moved the participantís residence.

††††† (e) Graduates with a degree in the area of study for which the participant received the stipend.

††††† (f) Completes the participantís 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 participant 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; A 2015, 1511)

††††† 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 recipient to acquire, as security for a stipend or loan, insurance on the recipientís life and on the recipientís health or against the recipientís disability, or both.

††††† 2.  That a financially responsible person agree to be jointly liable with the recipient for the repayment of the stipend or loan.

††††† (Added to NRS by 1985, 847; A 2003, 942; 2015, 1512)

††††† 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 Nevada Office 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 recipientís home or place of practice; or

††††† (b) The termination of the recipientís education or practice or completion of the recipientís internship for which the recipient 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; 2015, 1512)

††††† NRS 397.068  Penalties for failure to comply with regulations.  A recipient of a loan or a stipend under the program of the Western Regional Education Compact 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 or practicing year, and may deny additional money to any participant 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 the recipientís profession to repay the recipientís stipend; and

††††† 4.  Expel the recipient from the program.

††††† (Added to NRS by 1985, 847; A 2003, 942; 2015, 1512)

††††† 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 the applicantís profession in this state, and practices the applicantís profession in a rural area, a health professional shortage area, a medically underserved area or an area with a medically underserved population of this state. The applicantís practice in the area must be equal to at least half of the total time spent by the applicant in the applicantís professional practice, and not less than 20 hours per week.

††††† (b) Practices the applicantís 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 the applicantís application.

††††† 2.  Any claim as to practice must be verified.

††††† (Added to NRS by 1985, 848; A 1995, 359; 2003, 943; 2015, 1512)

††††† 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 participant obligated to repay a 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; 2015, 1513)

††††† 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)