Assembly Bill No. 188–Committee on Transportation
(On Behalf of Department of Motor Vehicles and
Public Safety—Bureau of Enforcement)
February 10, 1999
____________
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.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
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: 482.333 1. A person shall not engage in the activity of a broker of1-3
vehicles in this state without first having received a license from the1-4
department. Before issuing a license to a broker, the department shall1-5
require:1-6
(a) An application, signed and verified by the applicant, stating that the1-7
applicant desires to be licensed as a broker, his residential address, his1-8
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 applicant1-10
for a license as a vehicle dealer or broker has been denied or whether such1-11
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 the2-2
applicant’s fingerprints and written permission authorizing the department2-3
to forward those fingerprints to the central repository for Nevada records2-4
of criminal history for submission to the Federal Bureau of Investigation2-5
for its report; and2-6
(e) Any other information the department deems necessary.2-7
A license issued pursuant to this section expires on December 31 of the2-8
year in which it was issued and may be renewed annually upon the2-9
payment of a fee of $50.2-10
2.2-11
2-12
2-13
2-14
2-15
2-16
2-17
issuance of, suspend or revoke a license to engage in the activities of a2-18
broker of vehicles upon any of the following grounds:2-19
(a) Failure of the applicant to have an established place of business in2-20
this state.2-21
(b) Conviction of a felony in this state or any other state, territory or2-22
nation.2-23
(c) Material misstatement in the application.2-24
(d) Evidence of unfitness of the applicant or licensee.2-25
(e) Failure or refusal to provide to the department an authorization for2-26
the disclosure of financial records for the business as required pursuant to2-27
subsection 6 .2-28
(f) Willful failure to comply with a provision of the motor vehicle laws2-29
of this state or a directive of the director. For the purpose of this2-30
paragraph, failure to comply with a directive of the director advising the2-31
licensee of his noncompliance with a provision of the motor vehicle laws2-32
of this state or a regulation of the department, within 10 days after the2-33
receipt of the directive, is prima facie evidence of willful failure to2-34
comply with the directive.2-35
(g) Failure or refusal to furnish and keep in force any bond.2-36
(h) Failure on the part of the licensee to maintain a fixed place of2-37
business in this state.2-38
(i) Failure or refusal by the licensee to pay or otherwise discharge a2-39
final judgment against the licensee rendered and entered against him,2-40
arising out of the misrepresentation of a vehicle, trailer or semitrailer, or2-41
out of a fraud committed in connection with the brokering of a vehicle,2-42
trailer or semitrailer.3-1
(j) Failure of the licensee to maintain any other license or bond3-2
required by a political subdivision of this state.3-3
(k) Any other reason determined by the director to be in the best3-4
interests of the public.3-5
The director may deny the issuance of a license to an applicant or revoke3-6
a license already issued if the department is satisfied that the applicant or3-7
licensee is not entitled thereto.3-8
3. If an application for a broker’s license has been denied, the3-9
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 the3-11
premises of the broker’s principal place of business.3-12
5. If any information submitted in the application for a broker’s3-13
license changes, the broker shall submit a written notice of the change to3-14
the department within 10 days after the change occurs.3-15
6. Upon the receipt of any report or complaint alleging that an3-16
applicant or a licensee has engaged in financial misconduct or has failed to3-17
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 the3-19
department an authorization for the disclosure of financial records for the3-20
business as provided in NRS 239A.090. The department may use any3-21
information obtained pursuant to such an authorization only to determine3-22
the suitability of the applicant or licensee for initial or continued licensure.3-23
Information obtained pursuant to such an authorization may be disclosed3-24
only to those employees of the department who are authorized to issue a3-25
license to an applicant pursuant to NRS 482.333 to 482.334, inclusive, or3-26
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 fails3-28
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.~