USA Statutes : nevada
Title : Title 34 - EDUCATION
Chapter : CHAPTER 397 - WESTERN REGIONAL HIGHER EDUCATION COMPACT
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)
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 he 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 he 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 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 chairman and a vice
chairman, 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 chairman
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 his designated representative. 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)
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 successor is
appointed and qualified, but the successor’s term expires 4 years after
the legal date of expiration of the term of his 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 )
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)
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 )
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 )
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)
The three
Nevada State Commissioners, acting jointly, shall:
1. 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
2. Certify them to receiving institutions.
(Added to NRS by 1959, 79; A 1960, 375; 1967, 1055; 1981, 1036;
1983, 1345; 1985, 849; 2003, 939 )
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 )
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.
(Added to NRS by 1997, 946; A 2001, 780 ; 2003, 939 )
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 )
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 his education or completion of his
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 )
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 interest at 8 percent per annum from the
first day of the academic term for which the student received the loan.
2. Except as otherwise provided in NRS 397.0617 , each student receiving a loan must repay the
loan with interest following the termination of his education or
completion of his 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 his education or the completion
of his 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 the amount of 8 percent of the installment
or $4, whichever is greater, but not more than $15.
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
)
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 he practices, in Nevada, the profession which he was
certified to study:
(a) For 3 years, if he entered the program before July 1, 1985;
(b) For 1 year for each academic year he receives a stipend, if he
enters the program after June 30, 1985; or
(c) For 1 year for each 9 months he receives a stipend, if he
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 his education,
internship or residency for which he 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 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 profession as required.
(Added to NRS by 1995, 356; A 2003, 941 )
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 he receives from the Western Interstate Commission for
Higher Education unless he practices, in Nevada, for the period
determined pursuant to NRS 397.0645 ,
the profession which he 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)
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 he receives from the
Western Interstate Commission for Higher Education unless he:
(a) Practices, in Nevada, for the period determined pursuant to NRS
397.0645 , the profession which he was
certified to study.
(b) Reports his practice status annually on forms provided by the
Commission.
(c) Except as otherwise approved by the commission, commences his
practice obligation within 1 year after completion or termination of the
education, internship or residency for which he received the stipend.
(d) Maintains his permanent residence in the State of Nevada
throughout the period of his 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 permanent residence is not
considered to have moved his residence.
(e) Graduates with a degree in the area of study for which he
received the stipend.
(f) Completes his 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)
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 )
The three Nevada State Commissioners,
acting jointly, may require:
1. A student to acquire, as security for a stipend or student
loan, insurance on his life and on his health or against his 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 )
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 he 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 his home or place of
practice; or
(b) The termination of his education or completion of his
internship for which he receives the loan; or
3. The recipient fails to comply with any other requirement or
perform any other obligation he is required to perform pursuant to any
agreement under the program.
(Added to NRS by 1985, 847; A 1995, 358; 2003, 942 )
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 he
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
profession to repay his stipend; and
4. Expel him from the program.
(Added to NRS by 1985, 847; A 2003, 942 )
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
profession in this state, and practices his 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
professional practice, and not less than 20 hours per week.
(b) Practices his 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 application.
2. Any claim as to practice must be verified.
(Added to NRS by 1985, 848; A 1995, 359; 2003, 943 )
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 )
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 )
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)
When the Governor, on behalf of the
states, executes the Compact, he shall attach his 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)
