[Rev. 6/15/2016 2:30:26 PM]
[NAC-397 Revised Date: 6-16]
CHAPTER 397 - WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION
397.010 “Commissioners” defined.
397.018 “Residence” interpreted.
397.020 Petition to reduce period of required practice.
397.030 Petition for extension for completing required practice.
397.040 Period to complete required practice in medically underserved area of State; petition for extension.
397.050 Petition for extension for repayment of loan or stipend because of hardship.
397.060 Petition for reduction of principal balance of loan or stipend because of hardship.
397.070 Director authorized to negotiate terms of repayment of loan or stipend; collection of debt.
NAC 397.010 “Commissioners” defined. (NRS 397.020, 397.040) As used in this chapter, unless the context otherwise requires, “commissioners” means the three persons appointed to represent Nevada on the Western Interstate Commission for Higher Education, acting jointly.
(Added to NAC by Interstate Comm’n for Higher Education, eff. 8-22-84; A by R047-14, 12-22-2014)
NAC 397.018 “Residence” interpreted. (NRS 397.020, 397.040) For the purposes of NRS 397.060, “residence” means the physical presence of a person within this State. If a person 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)
NAC 397.020 Petition to reduce period of required practice. (NRS 397.020, 397.040, 397.0645)
1. To apply for a reduction of the period of required practice as authorized by paragraph (a) of subsection 2 of NRS 397.0645, a person must submit a petition to the commissioners in writing after having practiced continuously for not less than 1 year the profession which the person was certified to study. The petition must contain the reasons 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 person’s overall practice time having been spent in the rural area; or
(b) As a full-time employee of this State.
3. If the commissioners grant a petition submitted pursuant to this section, the commissioners will reduce the period of required practice by not more than 1 year.
4. If the commissioners deny a petition submitted pursuant to this section, the petitioner may appeal to the commissioners by submitting a request for an appeal in writing not later than 10 days after his or her receipt of the notice of denial.
5. As used in this section, “rural area” means any part of this State which is 50 miles or more from the corporate boundaries of the cities of Carson City, Reno or Las Vegas.
(Added to NAC by Interstate Comm’n for Higher Education, eff. 8-22-84; A by R047-14, 12-22-2014)
NAC 397.030 Petition for extension for completing required practice. (NRS 397.020, 397.040, 397.0645)
1. To apply for an extension of the period for completing the required practice beyond 5 years as authorized by paragraph (b) of subsection 2 of NRS 397.0645, a person must submit a petition to the commissioners in writing before the period for completion has expired. The petition must contain the reasons for requesting the extension.
2. The commissioners 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 commissioners.
3. An extension granted pursuant to paragraph (g) of subsection 2 must be for not longer than 2 years after the date on which the first professional examination was administered after the graduation of the petitioner from the program for which he or she received state contributions for stipends, except that the person may apply for an additional extension for good cause. Any additional extension must be for not longer than 2 years after the expiration of the prior extension.
4. If the commissioners deny a petition submitted pursuant to this section, the petitioner may appeal to the commissioners 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)
NAC 397.040 Period to complete required practice in medically underserved area of State; petition for extension. (NRS 397.020, 397.040, 397.0617)
1. A person who receives a support fee because he or she agrees to practice in a profession in a medically underserved area of this State for at least 2 years pursuant to NRS 397.0617 must complete that practice within 5 years after the person completes or terminates the education, internship or residency for which he or she received the support fee unless an extension is granted pursuant to this section.
2. A person may apply for an extension of the period to complete his or her practice by submitting a petition to the commissioners in writing before the period for completion has expired. The petition must contain the reasons for requesting the extension.
3. The commissioners 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 commissioners.
4. An extension granted pursuant to paragraph (g) of subsection 3 must be for not longer than 2 years after the date on which the first professional examination was administered after the graduation of the petitioner from the program for which he or she received a support fee, except that the person may apply for an additional extension for good cause. Any additional extension must be for not longer than 2 years after the expiration of the prior extension.
5. If the commissioners deny a petition submitted pursuant to this section, the petitioner may appeal to the commissioners 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)
NAC 397.050 Petition for extension for repayment of loan or stipend because of hardship. (NRS 397.020, 397.040, 397.069)
1. To apply for an extension of the period for the repayment of a loan or stipend as authorized by NRS 397.069, a person must submit a petition to the commissioners in writing not later than 120 days after the date on which default on the repayment occurs. The petition must contain the reasons for requesting the extension.
2. The commissioners 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 commissioners.
3. An extension granted pursuant to paragraph (g) of subsection 2 must be for not longer than 2 years after the date on which the first professional examination was administered after the graduation of the petitioner from the program for which he or she received state contributions for loans or stipends, except that the person may apply for an additional extension for good cause. Any additional extension must be for not longer than 2 years after the expiration of the prior extension.
4. If the commissioners deny a petition submitted pursuant to this section, the petitioner may appeal to the commissioners 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)
NAC 397.060 Petition for reduction of principal balance of loan or stipend because of hardship. (NRS 397.020, 397.040, 397.0655)
1. To apply for a reduction of the principal balance of a loan or stipend because of hardship, a person must submit a petition to the commissioners in writing. The petition must contain the reasons for requesting the reduction.
2. If the commissioners deny a petition submitted pursuant to this section, the petitioner may appeal to the commissioners 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)
NAC 397.070 Director authorized to negotiate terms of repayment of loan or stipend; collection of debt. (NRS 397.020, 397.040, 397.0655)
1. Pursuant to NRS 397.0655, the Director of the Western Interstate Commission for Higher Education may negotiate the terms of repayment of a loan or stipend, including, without limitation, how and when a recipient of a loan or stipend who is in default will be required to make payments.
2. If a recipient of a loan or stipend 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)