CCSN 2007-2008 COURSE CATALOG 389
APPENDIX B
REGULATIONS FOR DETERMINING
RESIDENCY AND TUITION CHARGES
Section 1. Pur
pose
These regulations have been enacted to provide uniform
rules throughout the Nevada System of Higher Education
(the “System") and all member institutions thereof, for the
purpose of determining whether students shall be classified
as resident students or nonresident students for tuition
charges. (B/R 5/95)
Section 2. Def
initions
For the purposes of these regulations, the terms stated
below shall have the following meanings:
1. “Alien" means a person who is not a citizen of the
United States of America.
2. “Armed Forces of the United States" means the
Army, the Navy, the Air Force, the Marine Corps and
the Coast Guard, on active duty and does not include
the National Guard or other reserve force, with the
exception of active members of the Nevada National
Guard.
3. “Clear and convincing evidence" means evidence that
is clear in the sense that it is not ambiguous, equivo-
cal or contradictory and convincing in the sense that
it is of such a credible, reliable, authentic and rele-
vant nature as to evoke confidence in the truth of it.
4. “Continuously enrolled" means enrollment within a
normal academic year for which continuous enroll-
ment is claimed. A person need not attend summer
sessions or other between-semester sessions in order
to be continuously enrolled.
5. “Date of matriculation" means the first day of
instruction in the semester or term in which enroll-
ment of a student first occurs, except that at the
University of Nevada School of Medicine it means
the date that a notice of admittance is sent to a stu-
dent, and at the community colleges it excludes cor-
respondence courses and community service courses
which are not state funded. A person who enrolled
in an institution of the Nevada System of Higher
Education but withdrew enrollment during the 100%
refund period may, for the purposes of these regula-
tions, be deemed not to have matriculated and any
determination concerning residency status shall be
voided until such time as the person again enrolls at a
System institution.
6. “Dependent" means a person who is not financially
independent and is claimed as an exemption for fed-
eral income tax purposes under Section 152 of the
Internal Revenue Code (26 U.S.C. § 152) by another
person for the most recent tax year.
7. “Family" means the natural or legally adoptive parent
or parents of a dependent person, or if one parent has
legal custody of a dependent person, that parent.
8. “Financially independent" means a person who has
not been and will not be claimed as an exemption for
federal income tax purposes under Section 152 of the
Internal Revenue Code (26 U.S.C. § 152) by another
person, except his or her spouse, for the most recent
tax year.
9. “Most recent tax year" means the income tax return
submitted for the prior income year.
10. “Legal guardian" means a court appointed guardian
of a dependent person, who was appointed guardian
at least 12 months immediately prior to the dependent
person’s date of matriculation and for purposes other
than establishing the dependent person’s residence.
11. “Nonresident" means a person who is not a resident.
12. “Objective evidence" means evidence that is verifi-
able by means other than a person’s own statements.
13. “Relocated," means evidence of permanent, full-time
employment or establishment of a business in Nevada
prior to the date of matriculation.
14. “Residence," a term which for the purposes of these
regulations is synonymous with the legal term “domi-
cile," and means that location in which a person is
considered to have the most settled and permanent
connection, intends to remain and intends to return
after any temporary absences. Residence results from
the union of a person’s physical presence in the loca-
tion with objective evidence of an intent to remain at
that location for other than a temporary purpose.
15. “Resident" means a person who has established a
bona fide residence in the State of Nevada with the
intent of making Nevada the person’s true, fixed and
permanent home and place of habitation, having
clearly abandoned any former residence and having
no intent to make any other location outside of
Nevada the person’s home and habitation. The ter-
malso includes a member of the Armed Forces of the
United States who has previously established a bona
fide residence in the State of Nevada, but who has
been transferred to a military posting outside of
Nevada while continuing to maintain a bona fide resi-
dence in Nevada. When residence for a particular
period is required under these regulations, this shall
mean that the person claiming residence for the peri-
od must be physically present and residing in Nevada
during all of the period required, excluding tempo-
rary, short-term absences for business or pleasure.
16. “Returning student" means a student who re-enrolls
after a break in enrollment of one of more semesters.
A “returning student" retains prior resident status, if
any, as long as there is no indication that the student
has established residency elsewhere. (B/R11/96)
17. “Student" means a person who is enrolled at an insti-
tution of the Nevada System Higher Education.
18. “Tuition" means a monetary charge assessed against
nonresident students, which is in addition to registra-
tion fees, or other fees assessed against all students.
(B/R5/95)(B/R 8/04)
