Assembly Bill No. 188–Committee on Transportation

(On Behalf of Department of Motor Vehicles and
Public Safety—Bureau of Enforcement)

February 10, 1999

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Referred to Committee on Transportation

 

SUMMARY—Revises grounds for denying, suspending or revoking license to engage in activity of broker of vehicles. (BDR 43-753)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to motor vehicles; revising the grounds for denying, suspending or revoking a license to engage in the activity of a broker of vehicles; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 482.333 is hereby amended to read as follows:

1-2 482.333 1. A person shall not engage in the activity of a broker of

1-3 vehicles in this state without first having received a license from the

1-4 department. Before issuing a license to a broker, the department shall

1-5 require:

1-6 (a) An application, signed and verified by the applicant, stating that the

1-7 applicant desires to be licensed as a broker, his residential address, his

1-8 social security number and the address of his principal place of business;

1-9 (b) A statement as to whether any previous application of the applicant

1-10 for a license as a vehicle dealer or broker has been denied or whether such

1-11 a license has been suspended or revoked;

1-12 (c) Payment of a nonrefundable license fee of $125;

2-1 (d) For initial licensure, the submission of a complete set of the

2-2 applicant’s fingerprints and written permission authorizing the department

2-3 to forward those fingerprints to the central repository for Nevada records

2-4 of criminal history for submission to the Federal Bureau of Investigation

2-5 for its report; and

2-6 (e) Any other information the department deems necessary.

2-7 A license issued pursuant to this section expires on December 31 of the

2-8 year in which it was issued and may be renewed annually upon the

2-9 payment of a fee of $50.

2-10 2. [An application for a broker’s license may be denied and a broker’s

2-11 license may be suspended or revoked upon the following grounds:

2-12 (a) Conviction of a felony;

2-13 (b) Conviction of a gross misdemeanor;

2-14 (c) Conviction of a misdemeanor for violation of any of the provisions

2-15 of this chapter;

2-16 (d) Falsification of the application;

2-17 (e) Failure or refusal to provide to the department an authorization for

2-18 the disclosure of financial records for the business as required pursuant to

2-19 subsection 6; or

2-20 (f)] The department may deny the issuance of, suspend or revoke a

2-21 license to engage in the activities of a broker of vehicles upon any of the

2-22 following grounds:

2-23 (a) Failure of the applicant to have an established place of business in

2-24 this state.

2-25 (b) Conviction of a felony in this state or any other state, territory or

2-26 nation.

2-27 (c) Material misstatement in the application.

2-28 (d) Evidence of unfitness of the applicant or licensee.

2-29 (e) Willful failure to comply with a provision of the motor vehicle laws

2-30 of this state or a directive of the director. For the purpose of this

2-31 paragraph, failure to comply with a directive of the director advising the

2-32 licensee of his noncompliance with a provision of the motor vehicle laws

2-33 of this state or a regulation of the department, within 10 days after the

2-34 receipt of the directive, is prima facie evidence of willful failure to

2-35 comply with the directive.

2-36 (f) Failure or refusal to furnish and keep in force any bond.

2-37 (g) Failure on the part of the licensee to maintain a fixed place of

2-38 business in this state.

2-39 (h) Failure or refusal by the licensee to pay or otherwise discharge a

2-40 final judgment against the licensee rendered and entered against him,

2-41 arising out of the misrepresentation of a vehicle, trailer or semitrailer, or

2-42 out of a fraud committed in connection with the sale of a vehicle, trailer

2-43 or semitrailer.

3-1 (i) Failure of the licensee to maintain any other license or bond

3-2 required by a political subdivision of this state.

3-3 (j) Any other reason determined by the director to be in the best

3-4 interests of the public.

3-5 The director may deny the issuance of a license to an applicant or revoke

3-6 a license already issued if the department is satisfied that the applicant or

3-7 licensee is not entitled thereto.

3-8 3. If an application for a broker’s license has been denied, the

3-9 applicant may not reapply sooner than 6 months after the denial.

3-10 4. A broker’s license must be posted in a conspicuous place on the

3-11 premises of the broker’s principal place of business.

3-12 5. If any information submitted in the application for a broker’s

3-13 license changes, the broker shall submit a written notice of the change to

3-14 the department within 10 days after the change occurs.

3-15 6. Upon the receipt of any report or complaint alleging that an

3-16 applicant or a licensee has engaged in financial misconduct or has failed to

3-17 satisfy financial obligations related to the activity of a broker of vehicles,

3-18 the department may require the applicant or licensee to submit to the

3-19 department an authorization for the disclosure of financial records for the

3-20 business as provided in NRS 239A.090. The department may use any

3-21 information obtained pursuant to such an authorization only to determine

3-22 the suitability of the applicant or licensee for initial or continued licensure.

3-23 Information obtained pursuant to such an authorization may be disclosed

3-24 only to those employees of the department who are authorized to issue a

3-25 license to an applicant pursuant to NRS 482.333 to 482.334, inclusive, or

3-26 to determine the suitability of an applicant or a licensee for such licensure.

3-27 7. Except as otherwise provided in NRS 482.555, any person who fails

3-28 to comply with the provisions of this section is guilty of a misdemeanor.

3-29 Sec. 2. This act becomes effective upon passage and approval.

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