[Rev. 8/26/2026 9:35:17 AM]
CHAPTER 397 - WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION
[NAC-397 Revised Date: 8-26]
397.002 Definitions.
397.010 “Commission” defined.
397.011 “Director” defined.
397.012 “Essential field” defined.
397.014 “Rural area” defined.
397.015 “Stipend” defined.
397.018 “Residence” interpreted.
397.019 Participant eligibility.
397.020 Petition to reduce period of required practice.
397.030 Petition for extension for completing required practice.
397.045 Failure of participant to meet practice requirements: Conversion of stipend to loan; default charges.
397.050 Petition for extension for repayment of stipend converted to loan.
397.060 Petition for reduction of principal balance of stipend converted to loan because of hardship.
397.070 Establishment of interest rate and repayment schedule for stipend converted to loan; director authorized to negotiate terms of repayment of stipend converted to loan; collection of debt.
397.080 Petition for decrease of amount owed under stipend converted to loan.
397.090 Petition for reduction of fines; appeal of expulsion.
NAC 397.002 Definitions. (NRS 397.020, 397.030, 397.040) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 397.010 to 397.015, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Interstate Comm’n for Higher Education by R188-22, eff. 2-27-2024)
NAC 397.010 “Commission” defined. (NRS 397.020, 397.030, 397.040) “Commission” means the Commission consisting of three persons appointed by the Governor pursuant to NRS 397.030 to represent Nevada on the Western Interstate Commission for Higher Education and to govern the Nevada Office.
(Added to NAC by Interstate Comm’n for Higher Education, eff. 8-22-84; A by R047-14, 12-22-2014; R188-22, 2-27-2024)
NAC 397.011 “Director” defined. (NRS 397.020, 397.030, 397.040) “Director” means the Director of the Nevada Office appointed by the Commission pursuant to NRS 397.030.
(Added to NAC by Interstate Comm’n for Higher Education by R188-22, eff. 2-27-2024)
NAC 397.012 “Essential field” defined. (NRS 397.020, 397.030, 397.040) “Essential field” means an occupation defined as an essential field by the Commission pursuant to the Compact.
(Added to NAC by Interstate Comm’n for Higher Education by R188-22, eff. 2-27-2024)
NAC 397.014 “Rural area” defined. (NRS 397.020, 397.030, 397.040) “Rural area” has the meaning ascribed to it in 42 U.S.C. § 1490.
(Added to NAC by Interstate Comm’n for Higher Education by R188-22, eff. 2-27-2024)
NAC 397.015 “Stipend” defined. (NRS 397.020, 397.030, 397.040) “Stipend” means the financial support that is provided to a participant pursuant to NRS 397.0615.
(Added to NAC by Interstate Comm’n for Higher Education by R188-22, eff. 2-27-2024)
NAC 397.018 “Residence” interpreted. (NRS 397.020, 397.030, 397.040) For the purposes of NRS 397.060, “residence” means the physical presence of a participant within this State. If a participant leaves this State with the intention in good faith to return without delay and continue his or her residence, the time of such absence is not considered in determining the fact of residence.
(Added to NAC by Interstate Comm’n for Higher Education by R047-14, eff. 12-22-2014; A by R188-22, 2-27-2024)
NAC 397.019 Participant eligibility. (NRS 397.020, 397.030, 397.040, 397.060) To be eligible for participation in a program administered by the Nevada Office, an applicant must:
1. Have resided in this State for not less than 1 year before applying for the program;
2. Be admitted to or enrolled in a regionally accredited program that prepares a participant to work in an essential field in this State;
3. Have the intent to practice in an essential field in this State; and
4. Submit to the Nevada Office any documentation deemed necessary by the Nevada Office to determine, by clear and convincing evidence, that the applicant satisfies the requirements of subsections 1, 2 and 3.
(Added to NAC by Interstate Comm’n for Higher Education by R188-22, eff. 2-27-2024)
NAC 397.020 Petition to reduce period of required practice. (NRS 397.020, 397.030, 397.040, 397.0645, 397.0685)
1. To apply for a reduction of the period of required practice prescribed by NRS 397.0645, a participant must submit a petition to the Commission in writing after having practiced continuously for not less than 1 year in the profession for which the participant was awarded the degree, certificate or similar credential. The petition must contain the reasons and any supporting documentation for requesting the reduction.
2. The practice must have been:
(a) In a rural area of this State, with at least one-half of the overall practice time of the participant having been spent in the rural area; or
(b) As a full-time employee of this State who has been continuously employed by this State for not less than 1 year.
3. The Commission may grant a reduction of the period of required practice for good cause, including, without limitation:
(a) Military service;
(b) Service in the Peace Corps or the AmeriCorps VISTA program;
(c) Participation in the National Health Service Corps Scholarship Program;
(d) Continuation of education in the field of study or specialization of the petitioner;
(e) Interruption of study due to financial hardship;
(f) Illness;
(g) Failure to fulfill any professional licensing requirement; or
(h) Any other circumstance deemed appropriate by the Commission.
4. If the Commission grants a petition submitted pursuant to this section, the Commission will reduce the period of required practice by not more than 1 year.
5. If the Commission denies a petition submitted pursuant to this section, the petitioner may appeal to the Commission by submitting a request for an appeal in writing not later than 10 days after his or her receipt of the notice of denial.
(Added to NAC by Interstate Comm’n for Higher Education, eff. 8-22-84; A by R047-14, 12-22-2014; R188-22, 2-27-2024)
NAC 397.030 Petition for extension for completing required practice. (NRS 397.020, 397.030, 397.040, 397.0645, 397.069)
1. To apply for an extension of the period for completing the required practice beyond 5 years as prescribed by NRS 397.0645, a participant must submit a petition to the Commission in writing before the period for completion has expired. The petition must contain the reasons and any supporting documentation for requesting the extension.
2. The Commission may grant an extension for good cause, including, without limitation:
(a) Military service;
(b) Service in the Peace Corps or the AmeriCorps VISTA program;
(c) Participation in the National Health Service Corps Scholarship Program;
(d) Continuation of education in the petitioner’s field of study or specialization;
(e) Interruption of study due to financial hardship;
(f) Illness;
(g) Failure to fulfill any professional licensing requirement; or
(h) Any other circumstance deemed appropriate by the Commission.
3. If the Commission denies a petition submitted pursuant to this section, the petitioner may appeal to the Commission by submitting a request for an appeal in writing not later than 10 days after his or her receipt of the notice of denial.
(Added to NAC by Interstate Comm’n for Higher Education, eff. 8-22-84; A by R047-14, 12-22-2014; R188-22, 2-27-2024)
NAC 397.045 Failure of participant to meet practice requirements: Conversion of stipend to loan; default charges. (NRS 397.020, 397.030, 397.040, 397.064, 397.0645) If a participant does not meet the requirements prescribed by NRS 397.0645, the Commission shall:
1. Convert the stipend into a loan pursuant to NRS 397.0645 to be repaid in accordance with NRS 397.064; and
2. Assess a default charge which is not more than 10 percent of the total amount of the stipend.
(Added to NAC by Interstate Comm’n for Higher Education by R188-22, eff. 2-27-2024)
NAC 397.050 Petition for extension for repayment of stipend converted to loan. (NRS 397.020, 397.030, 397.040, 397.0645)
1. To apply for an extension of the period for the repayment of a stipend that is converted to a loan pursuant to NRS 397.0645, a participant must submit a petition to the Commission in writing not later than 120 days after the date on which default on the repayment occurs. The petition must contain the reasons and any supporting documentation for requesting the extension.
2. The Commission will grant an extension for good cause, including, without limitation:
(a) Military service;
(b) Service in the Peace Corps or the AmeriCorps VISTA program;
(c) Participation in the National Health Service Corps Scholarship Program;
(d) Continuation of education in the petitioner’s field of study or specialization;
(e) Interruption of study due to financial hardship;
(f) Illness;
(g) Failure to fulfill any professional licensing requirement; or
(h) Any other circumstance deemed appropriate by the Commission.
3. If the Commission denies a petition submitted pursuant to this section, the petitioner may appeal to the Commission by submitting a request for an appeal in writing not later than 10 days after his or her receipt of the notice of denial.
(Added to NAC by Interstate Comm’n for Higher Education by R047-14, eff. 12-22-2014; A by R188-22, 2-27-2024)
NAC 397.060 Petition for reduction of principal balance of stipend converted to loan because of hardship. (NRS 397.020, 397.030, 397.040, 397.0645)
1. To apply for a reduction of the principal balance of a stipend that is converted to a loan pursuant to NRS 397.0645 because of hardship, a participant must submit a petition to the Commission in writing. The petition must contain the reasons and any supporting documentation for requesting the reduction.
2. If the Commission denies a petition submitted pursuant to this section, the petitioner may appeal to the Commission by submitting a request for an appeal in writing not later than 10 days after his or her receipt of the notice of denial.
(Added to NAC by Interstate Comm’n for Higher Education by R047-14, eff. 12-22-2014; A by R188-22, 2-27-2024)
NAC 397.070 Establishment of interest rate and repayment schedule for stipend converted to loan; director authorized to negotiate terms of repayment of stipend converted to loan; collection of debt. (NRS 397.020, 397.030, 397.040, 397.0645)
1. The Commission will, for any stipend that is converted to a loan pursuant to NRS 397.0645:
(a) Establish an interest rate not to exceed 8 percent per year; and
(b) Schedule the repayment of such a loan for a period:
(1) Not to exceed 5 years for a loan that is less than $10,000;
(2) Not to exceed 8 years for a loan that is at least $10,000 but less than $20,000; and
(3) Not to exceed 10 years for a loan that is $20,000 or more.
2. The Director of the Nevada Office may negotiate the terms of repayment of a stipend that is converted to a loan pursuant to NRS 397.0645, including, without limitation, how and when a recipient of such a loan who is in default will be required to make payments.
3. If a recipient of a stipend that is converted to a loan pursuant to NRS 397.0645 is in default of payment for 120 days or more, the Director may coordinate debt collection efforts as the Director deems necessary.
(Added to NAC by Interstate Comm’n for Higher Education by R047-14, eff. 12-22-2014; A by R188-22, 2-27-2024)
NAC 397.080 Petition for decrease of amount owed under stipend converted to loan. (NRS 397.020, 397.030, 397.040, 397.0645)
1. To apply for a decrease of the amount owed under a stipend that is converted to a loan pursuant to NRS 397.0645 due to partial completion of the required practice, a participant must submit a petition to the Commission in writing after having practiced for not less than 1 year in the profession for which the participant was awarded the degree, certificate or similar credential. The petition must contain the reasons and any supporting documentation for requesting the reduction.
2. The practice must have been:
(a) In a rural area of this State with at least one-half of the overall practice time of the participant having been in the rural area; or
(b) As a full-time employee of this State who has been continuously employed by this State for not less than 1 year.
3. If the Commission grants a petition pursuant to this section, the Commission will reduce the amount owed in proportion to the amount of required practice which has been completed.
4. If the Commission denies a petition pursuant to this section, the petitioner may appeal to the Commission by submitting a request for an appeal in writing not later than 10 days after his or her receipt of the notice of denial.
(Added to NAC by Interstate Comm’n for Higher Education by R188-22, eff. 2-27-2024)
NAC 397.090 Petition for reduction of fines; appeal of expulsion. (NRS 397.020, 397.030, 397.040, 397.064, 397.0645)
1. To apply for a reduction of any fine or fines imposed pursuant to NRS 397.068, a participant must submit a petition to the Commission in writing, which must contain the reasons and any supporting documentation for requesting the reduction.
2. To appeal an expulsion from a program pursuant to NRS 397.068, a participant must submit a petition to the Commission in writing, which must contain the reasons and any supporting documentation for the appeal.
(Added to NAC by Interstate Comm’n for Higher Education by R188-22, eff. 2-27-2024)