Nevada Residency Re-Determination FAQ

OVERVIEW
On January 30, 2004, the Board of Regents unanimously approved an amendment that would bring its residency requirements in line with the Nevada Revised Statutes (NRS 396.540). The Board’s regulations became out of compliance with the NRS during an amendment that occurred in 1995, and the discrepancy was identified in January 2004. Nevada law states that individuals whose families reside in Nevada may gain resident status if the family has established bona fide residency in Nevada at the date of the student’s matriculation. Individuals whose families live out of state may gain resident status if the individual has been a bona fide resident of the State of Nevada at least six months prior to matriculation. On March 19, 2004, the Board approved a plan to extend the corrected residency provisions to students whose first matriculation occurred during the period Fall Semester 1995 through Spring Semester 2004 and who would have met the requirements for establishing bona fide residency in the state of Nevada prior to their matriculation.


FREQUENTLY ASKED QUESTIONS

I was classified as an out-of-state resident when I started school. Do I qualify to have my residency reviewed?
Only those students who matriculated between Fall Semester 1995 and Spring Semester 2004 who believe they or their parents/legal guardian were bona fide Nevada residents prior to the date of matriculation may have their initial residency determination reviewed. Students who matriculated in one of those years and who believe they may qualify for retroactive consideration of Nevada residency may request a review of their residency status through one of two pathways. Pathway 1: the student’s parents were bona fide residents of Nevada at the student’s date of matriculation at a NSHE institution. Pathway 2: the student’s family resides out of state but the student was a bona fide resident of Nevada at least six months prior to the student’s date of matriculation at a NSHE institution.

Which students are not eligible for a review of their residency?
The following students are not eligible for a review of their 2003-04 initial residency status: 1) Students who matriculated between Fall 1995 and Spring 2004 in a reduced non-resident tuition program such as Good Neighbor, Western Undergraduate Exchange and Children of Alumni, 2) International students 3) Students who do not have evidence of bona fide Nevada residency prior to their date of matriculation.

What is the deadline for applying for a review of residency?
A three-year statute of limitations applies to the filing of the appropriate claim forms, but the claims may seek refund of out-of-state tuition that was paid from the Fall Semester 1995 through Spring Semester 2004. The three-year deadline begins as of January 2004, when the Board of Regents first took action to resolve the discrepancy. Thus, students who wish to make a claim must do so no later than February 28, 2007.

What does “Date of Matriculation” mean?
TThe Board of Regents defines "Date of matriculation" as the first day of instruction in the semester or term in which enrollment 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 student, and that at the community colleges it excludes correspondence courses and community service courses which are not state funded).

A student can matriculate (enroll) without being formally admitted to a NSHE institution. Example: A student enrolls in one class as a non-admitted student during Summer Session 2003. Accordingly, that student “matriculated” in Summer 2003.

How are “Family” and “Legal Guardian” defined?
The Board of Regents defines “family” as 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. “Legal guardian” is defined as 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.

How do I demonstrate that I or my family was a bona fide Nevada resident prior to matriculation?
A "bona fide" resident is one who has continuous physical presence in the state of Nevada, with no ties to any other state and who intends permanently to reside in Nevada. To be considered a Nevada resident for tuition purposes, you must demonstrate that you were a bona fide resident of the state of Nevada at least six months prior to the date of matriculation (enrollment) at a NSHE institution if your parents or legal guardian reside out of state OR that your parent or legal guardian was a bona fide resident of the state of Nevada at the date of your matriculation.

Determination of bona fide residency will be based upon a review of the student’s residency review application form and the required documentation for either of the two pathways for establishing Nevada residency. If your parents/legal guardian reside out of state, you must demonstrate that you were a bona fide resident of Nevada at least six months prior to your first matriculation at a NSHE institution.

PATHWAY 1 (parents’ residency in Nevada):
The first three items are required. At least 1 of the other 3 items must also be provided.


PATHWAY 2 (student’s residency in Nevada with out-of-state parents):
The first three items are required. At least 1 of the other 3 items must also be provided.

I think I meet the requirements. What do I need to do to have my residency status reviewed?
Contact your campus department listed on the final page of this document. They will provide you with a Residency Re-Determination application form. Once you submit that form, along with the required documentation, the residency appeals committee will review your request and advise you by mail or e-mail of the results. Each applicant will also be requested to sign and have notarized a State of Nevada claims form, in order to facilitate a possible reimbursement of funds to the Nevada System of Higher Education. The institution can assist with completing the claims form and also provide notary services if needed.

I no longer live in Nevada but was a resident when I started school. How do I retroactively provide evidence of Nevada residency at the time I matriculated?
The Nevada Department of Motor Vehicles retains records on driver’s licenses and vehicle registrations dating back to 1999 and can do microfilm research for earlier years. For driver’s licenses, the department checks by name and social security number. For vehicle registrations, the department requires a license plate number or vehicle identification number. Inquiries may be made by phone or in person (no e-mail inquiries). For more information, call the Nevada DMV Records Bureau at (775) 684-4368. The DMV website is www.dmvnv.com.

The Clark County Election Department maintains records on voter registrations dating back to 1992 but can research earlier years, as well. Members of the public must go in person to request a copy of their original voter registration application and must show identification. There is no charge for a copy of the voter registration; there is a small charge for certified copies. For additional information in Clark County, call (702) 455-8683. Contact information for other counties in Nevada is listed below:

Washoe County
Election Dept.: (775) 328-3670
www.co.washoe.nv.us/voters/

Elko County
Clerk’s Office: (775) 753-4600
clerk@elkocountynv.net

Humboldt County:
Clerk’s Office: (775) 623-6343
coclerk@hcnv.us

Lander County
Clerk’s Office: (775) 635-5738
lcclerk@desertlinc.com

White Pine County
Clerk’s Office: (775) 289-2341
wpclerk@mwpower.net
(For records older than 4-6 years, may need to contact the Carson City Records Section at (775)-684-4590)

I have more questions about how to file a claim. Is there a person I can talk to?
The following persons at each NSHE institution may be contacted for additional information:


CONTACTS: