Nevada Administrative Code

NAC 353B.760 Definitions. (NRS 353B.820) As used in NAC 353B.750 to 353B.830, inclusive, unless the context otherwise requires, the words and terms defined in NAC 353B.765 and 353B.770 have the meanings ascribed to them in those sections. (Added to NAC by St. Treasurer by R061-15…

NAC 353B.765 “Agreement” defined. (NRS 353B.820, 353B.850) “Agreement” means a written agreement between a parent and the State Treasurer to establish an education savings account entered into pursuant to NRS 353B.850. (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)—(…

NAC 353B.770 “School day” defined. (NRS 353B.820, 353B.850) “School day” means any day, including a partial day, during which a school offers instruction to pupils at the school. (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)—(Substituted in revision for NAC 385.552)

NAC 353B.775 “Break in the school year” construed. (NRS 353B.820, 353B.850) For the purpose of carrying out the provisions of NRS 353B.850, the State Treasurer will construe the term “break in the school year” to mean 15 or more consecutive days that are not school days. (Added t…

NAC 353B.780 “Tuition” construed. (NRS 353B.820, 353B.870) For the purpose of carrying out the provisions of NRS 353B.700 to 353B.930, inclusive, the State Treasurer will construe the term “tuition” to include only the cost of enrolling a child in a school or program of distance …

NAC 353B.785 Application to establish account; open enrollment period; notification of approval or denial; requirements; request for waiver; exemptions. (NRS 353B.820, 353B.850) 1. A parent who wishes to establish an education savings account on behalf of his or her child must su…

NAC 353B.790 Agreement with State Treasurer; deposit of money into and payments from account; annual list provided to Department; inclusion of certain examinations on list. (NRS 353B.820, 353B.850, 353B.860, 353B.910) 1. If the State Treasurer approves an application submitted pu…

NAC 353B.795 Committee to Review Payments: Creation; members; duties. (NRS 353B.820, 353B.870) 1. There is hereby created the Committee to Review Payments consisting of seven members as follows: (a) The State Treasurer or his or her designee; (b) Two voting members appointed by t…

NAC 353B.800 Termination of agreement by parent. (NRS 353B.820, 353B.850) 1. The parent of a child on behalf of whom an education savings account has been established may terminate an agreement with the State Treasurer at any time by providing written notice by certified mail to …

NAC 353B.805 State Treasurer to freeze account if child no longer resides in State; proof required to remove freeze; termination of agreement and dissolution of account. (NRS 353B.820, 353B.850) If the State Treasurer reasonably believes that a child on behalf of whom an educatio…

NAC 353B.810 Audits of accounts; freeze of accounts found to have irregularities; notice of freeze; petition for reconsideration; determination. (NRS 353B.820, 353B.880) 1. Each calendar year, the State Treasurer will randomly select not fewer than 10 percent of the education sav…

NAC 353B.815 Quarterly list of terminated accounts; reversion of remaining money to State General Fund. (NRS 353B.820, 353B.850, 353B.860) 1. Each calendar quarter, the State Treasurer will provide to the Department a list of each child for whom an agreement pursuant to which an …

NAC 353B.820 Contract with financial management firm: Criteria; provision allowing termination; maintenance and management of accounts. (NRS 353B.820, 353B.880) 1. The State Treasurer will enter into a contract to manage education savings accounts with one or more financial manag…

NAC 353B.825 Application to become participating entity; proof of eligibility; notice of determination; investigation under certain circumstances. (NRS 353B.820, 353B.900) 1. To become a participating entity, an entity must submit an application to the State Treasurer on a form m…

NAC 353B.830 Additional requirements of certain participating entities. (NRS 353B.820, 353B.900) 1. If the State Treasurer reasonably expects that a participating entity will receive, from payments made from education savings accounts, an amount that exceeds $50,000 for a school …

NAC 353C.100 Request to offset debt; payment of debtor after notification of interception. (NRS 353C.110, 353C.190, 353C.195) 1. If an agency requests that the State Controller place a hold on payments to a person who owes a debt to the agency, the agency may, upon receiving noti…

NAC 353C.110 Action by State Controller upon receipt of request to offset debt. (NRS 353C.110, 353C.135, 353C.190) Except as otherwise provided in NAC 353C.140, not later than 5 working days after receiving a request to offset from an agency pursuant to NAC 353C.100, the State Co…

NAC 353C.120 Action by State Controller upon failure of debtor to request hearing. (NRS 353C.110, 353C.190, 353C.224) If the debtor fails to request a hearing within 10 days after the date of the notice sent pursuant to NAC 353C.110, the State Controller will: 1. Process the offs…

NAC 353C.130 Proration of amount due from debtor upon multiple requests to offset debt. (NRS 353C.110, 353C.190) If two or more agencies submit requests for an offset with regard to the same debtor, the amount transferred to each agency pursuant to NAC 353C.120 will be prorated b…

NAC 353C.140 Restrictions on offsetting of debt; debts owed by employees of State. (NRS 353C.110, 353C.190) 1. The State Controller will not offset any amount due a debtor pursuant to a program of public assistance or any other program for which the Division of Welfare and Suppor…

NAC 353C.150 Definitions. (NRS 353C.110, 353C.190) As used in NAC 353C.150 to 353C.340, inclusive, unless the context otherwise requires, the words and terms defined in NAC 353C.160, 353C.170 and 353C.175 have the meanings ascribed to them in those sections. (Added to NAC by St. …

NAC 353C.160 “Hearing” defined. (NRS 353C.110, 353C.190) “Hearing” means a hearing before the State Controller or a designee thereof concerning a requested offset pursuant to NAC 353C.100 to 353C.140, inclusive. (Added to NAC by St. Controller by R117-02, eff. 12-17-2002; A by R1…

NAC 353C.170 “Petitioner” defined. (NRS 353C.110, 353C.190) “Petitioner” means a person who requests a hearing. (Added to NAC by St. Controller by R117-02, eff. 12-17-2002)

NAC 353C.175 “Respondent” defined. (NRS 353C.110, 353C.190) “Respondent” means the agency that requested an offset pursuant to NAC 353C.100 to 353C.140, inclusive. (Added to NAC by St. Controller by R141-04, eff. 9-22-2004)

NAC 353C.190 Scope and construction of provisions; deviations from rules. (NRS 353C.110, 353C.190) 1. NAC 353C.150 to 353C.340, inclusive: (a) Govern the practice and procedure in a hearing. (b) Will be liberally construed to secure the just, speedy and economical determination o…

NAC 353C.200 Scope of hearing. (NRS 353C.110, 353C.190) The scope of a hearing excludes review of the final determination of the amount due an agency from the petitioner. (Added to NAC by St. Controller by R117-02, eff. 12-17-2002)

NAC 353C.210 Submission and receipt of pleadings. (NRS 353C.110, 353C.190) All pleadings, including, without limitation, complaints, petitions, answers, briefs, motions, affidavits and applications, must be addressed to the State Controller. All pleadings shall be deemed to be of…

NAC 353C.220 Testimony must be under oath. (NRS 353C.110, 353C.190) Oral evidence will be taken only upon oath or affirmation administered by the State Controller. Before testifying, a person must swear or affirm that the testimony he or she is about to give will be the truth, th…

NAC 353C.240 Transcripts. (NRS 353C.110, 353C.190) If the petitioner wishes to have a transcript of the hearing, he or she must furnish the reporter, pay for the transcript and deliver a copy of the transcript to the State Controller within 20 days after requesting a rehearing or…

NAC 353C.250 Conduct required. (NRS 353C.110, 353C.190) A person appearing in a hearing shall conform to the recognized standards of ethical and courteous conduct. (Added to NAC by St. Controller by R117-02, eff. 12-17-2002)

NAC 353C.260 Rights of petitioner and respondent. (NRS 353C.110, 353C.190) At a hearing, the petitioner and respondent may: 1. Call and examine witnesses. 2. Introduce relevant exhibits and evidence identified in their respective prehearing statements submitted pursuant to NAC 35…

NAC 353C.270 Representation of parties. (NRS 353C.110, 353C.190) 1. A party may appear at a hearing: (a) In person; (b) By an attorney, accountant or other authorized representative; or (c) As provided in subsection 2. 2. If a party is not a natural person, the party may appear a…

NAC 353C.280 Notice and location of hearing. (NRS 353C.110, 353C.190) 1. Except as otherwise provided in subsection 3, notice of the place, date and hour of a hearing will be served at least 15 days before the date set for the hearing. 2. A hearing will be held at the Office of t…

NAC 353C.290 Prehearing statements. (NRS 353C.110, 353C.190) The petitioner and the respondent shall each submit a prehearing statement to the State Controller at least 5 days before the date of a hearing. The prehearing statement must include a statement of the issues to be pres…

NAC 353C.300 Continuances and recesses; failure of party to appear. (NRS 353C.110, 353C.190) The State Controller or a designee thereof retains discretion: 1. To grant continuances or recesses, both before and during a hearing; and 2. If a party fails to appear at the time and pl…

NAC 353C.310 Burden of proof; presentation of evidence. (NRS 353C.110, 353C.190) 1. The petitioner has the burden of proof in a hearing. 2. Unless otherwise ordered by the State Controller in a specific case, evidence will be received in the following manner: (a) Brief opening st…

NAC 353C.320 Rules of evidence; depositions; subpoenas. (NRS 353C.110, 353C.190) 1. A hearing will not be conducted according to the technical rules of evidence, but pursuant to the provisions of NRS 233B.123. 2. The State Controller or any party to the hearing may cause the depo…

NAC 353C.330 Official notice. (NRS 353C.110, 353C.190) The State Controller may take official notice of the following matters: 1. Rules, regulations, official reports, decisions and orders of the State Controller and any regulatory agency of this State. 2. Matters of common knowl…

NAC 353C.340 Action by State Controller after hearing. (NRS 353C.110, 353C.190, 353C.224) 1. After the conclusion of the evidentiary portion of a hearing, the State Controller will, within 30 days, prepare findings of fact, conclusions of law and a final decision on the issues pr…

NAC 353C.400 Fee for check or draft returned to agency for lack of payment: Imposition; waiver. (NRS 353C.110, 353C.115) 1. Except as otherwise provided in subsection 2, an agency shall charge a person a fee of $25 for each check or draft returned to the agency because the person…

NAC 353C.450 Factual determinations required before refusal. (NRS 353C.110, 353C.128) 1. Before an agency may refuse to conduct a transaction with, or the State Controller refuses to draw a warrant in favor of, a person, pursuant to NRS 353C.128, the agency must or the State Cont…

NAC 353C.460 Written notice to debtor of refusal required; petition for relief; no additional right conferred on debtor to administratively contest debt. (NRS 353C.110, 353C.128) 1. If, pursuant to NRS 353C.128, an agency refuses to conduct a transaction with, or the State Contro…

NAC 353C.500 Interest on debt. (NRS 353C.110, 353C.130) 1. An agreement with a debtor, pursuant to NRS 353C.130, for the payment of a debt on an installment basis may include a provision that requires the debtor to pay interest on the debt. 2. The rate of interest included in suc…

NAC 353C.550 Format of assignment; submission of information and documentation concerning debt. (NRS 353C.110, 353C.195) 1. An agency that assigns a debt to the State Controller for collection pursuant to NRS 353C.195 shall make the assignment electronically or in writing using t…

NAC 353C.560 Debt reduced to judgment or secured by lien not assignable within 90 days after expiration. (NRS 353C.110, 353C.195) An agency that has obtained a judgment against a debtor or a lien upon the real and personal property of a debtor shall not assign the debt to the Sta…

NAC 353C.570 Waiver of requirements of NRS 353C.195. (NRS 353C.110, 353C.195) 1. An agency that wishes to obtain a waiver of a requirement of NRS 353C.195 may submit a request for such a waiver to the State Controller. 2. A request submitted pursuant to subsection 1 must: (a) Be …

NAC 353C.600 Definitions. (NRS 353C.110, 353C.1965) As used in NAC 353C.600 to 353C.725, inclusive, unless the context otherwise requires, the words and terms defined in NAC 353C.603, 353C.605 and 353C.607 have the meanings ascribed to them in those sections. (Added to NAC by St.…