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).

1-1 Section 1. NRS 463.335 is hereby amended to read as follows:

1-2 463.335 1. The legislature finds that, to protect and promote the

1-18 except that an]

2-1 3. An independent agent is not required to hold a work permit if he is

2-2 not a resident of this state and has registered with the board in accordance

2-3 with the provisions of the regulations adopted by the commission.

2-4 [3.] 4. A person may be employed as a gaming employee and perform

2-5 duties for his employer in more than one county or city without obtaining

2-6 a valid work permit for each county or city in which he performs those

2-7 duties if the person holds:

2-8 (a) A valid work permit issued in accordance with the applicable

2-9 ordinances or regulations of the county or city in which his duties are

2-10 primarily performed and the provisions of this chapter; or

2-11 (b) A valid work permit issued by the board, if a work permit is not

2-12 required by either the county or the city in which his duties are primarily

2-13 performed.

2-14 5. A work permit issued to a gaming employee or an independent

2-15 agent must have clearly imprinted thereon a statement that it is valid for

2-16 gaming purposes only.

2-17 [4.] 6. Whenever any person applies for the issuance or renewal of a

2-18 work permit, the county or city officer or employee to whom the

2-19 application is made shall within 24 hours mail or deliver a copy thereof to

2-20 the board, and may at the discretion of the county or city licensing

2-21 authority issue a temporary work permit. If within 90 days after receipt by

2-22 the board of the copy of the application, the board has not notified the

2-23 county or city licensing authority of any objection, the authority may issue,

2-24 renew or deny a work permit to the applicant. A gaming employee who is

2-25 issued a work permit must obtain renewal of the permit from the issuing

2-26 agency within 10 days following any change of his place of employment.

2-27 An independent agent who is issued a work permit must obtain renewal of

2-28 the permit from the issuing agency within 10 days after executing an

2-29 agreement to serve as an independent agent within the jurisdiction of the

2-30 issuing agency.

2-31 [5.] 7. If the board, within the 90-day period, notifies:

2-32 (a) The county or city licensing authority; and

2-33 (b) The applicant,

2-34 that the board objects to the granting of a work permit to the applicant, the

2-35 authority shall deny the work permit and shall immediately revoke and

2-36 repossess any temporary work permit which it may have issued. The notice

2-37 of objection by the board which is sent to the applicant must include a

2-38 statement of the facts upon which the board relied in making its objection.

2-39 [6.] 8. Application for a work permit [, valid wherever a work permit

2-40 is not required by any county or city licensing authority,] may be made to

2-41 the board, and may be granted or denied for any cause deemed reasonable

2-42 by the board. Whenever the board denies such an application, it shall

3-1 include in its notice of the denial a statement of the facts upon which it

3-2 relied in denying the application.

3-3 [7.] 9. Any person whose application for a work permit has been

3-4 denied because of an objection by the board or whose application has been

3-5 denied by the board may, not later than 60 days after receiving notice of

3-6 the denial or objection, apply to the board for a hearing. A failure of a

3-7 person whose application has been denied to apply for a hearing within 60

3-8 days or his failure to appear at a hearing of the board conducted pursuant

3-9 to this section shall be deemed to be an admission that the denial or

3-10 objection is well founded, and the failure precludes administrative or

3-11 judicial review. At the hearing, the board shall take any testimony deemed

3-12 necessary. After the hearing the board shall review the testimony taken and

3-13 any other evidence, and shall within 45 days after the date of the hearing

3-14 mail to the applicant its decision sustaining or reversing the denial of the

3-15 work permit or the objection to the issuance of a work permit.

3-16 [8.] 10. The board may object to the issuance of a work permit or may

3-17 refuse to issue a work permit for any cause deemed reasonable by the

3-18 board. The board may object or refuse if the applicant has:

3-19 (a) Failed to disclose or misstated information or otherwise attempted to

3-20 mislead the board with respect to any material fact contained in the

3-21 application for the issuance or renewal of a work permit;

3-22 (b) Knowingly failed to comply with the provisions of this chapter or

3-23 chapter 463B, 464 or 465 of NRS or the regulations of the commission at a

3-24 place of previous employment;

3-25 (c) Committed, attempted or conspired to commit any crime of moral

3-26 turpitude, embezzlement or larceny or any violation of any law pertaining

3-27 to gaming, or any crime which is inimical to the declared policy of this

3-28 state concerning gaming;

3-29 (d) Committed, attempted or conspired to commit a crime which is a

3-30 felony or gross misdemeanor in this state or an offense in another state or

3-31 jurisdiction which would be a felony or gross misdemeanor if committed in

3-32 this state;

3-33 (e) Been identified in the published reports of any federal or state

3-34 legislative or executive body as being a member or associate of organized

3-35 crime, or as being of notorious and unsavory reputation;

3-36 (f) Been placed and remains in the constructive custody of any federal,

3-37 state or municipal law enforcement authority; or

3-38 (g) Had a work permit revoked or committed any act which is a ground

3-39 for the revocation of a work permit or would have been a ground for

3-40 revoking his work permit if he had then held a work permit.

3-41 If the board issues or does not object to the issuance of a work permit to an

3-42 applicant who has been convicted of a crime which is a felony, gross

3-43 misdemeanor or misdemeanor, it may specially limit the period for which

4-1 the permit is valid, limit the job classifications for which the holder of the

4-2 permit may be employed and establish such individual conditions for the

4-3 issuance, renewal and effectiveness of the permit as the board deems

4-4 appropriate, including required submission to unscheduled tests for the

4-5 presence of alcohol or controlled substances.

4-6 [9.] 11. Any applicant aggrieved by the decision of the board may,

4-7 within 15 days after the announcement of the decision, apply in writing to

4-8 the commission for review of the decision. Review is limited to the record

4-9 of the proceedings before the board. The commission may sustain, modify

4-10 or reverse the board’s decision. The decision of the commission is subject

4-11 to judicial review pursuant to NRS 463.315 to 463.318, inclusive.

4-12 [10.] 12. Except as otherwise provided in this subsection, all records

4-13 acquired or compiled by the board or commission relating to any

4-14 application made pursuant to this section and all lists of persons to whom

4-15 work permits have been issued or denied and all records of the names or

4-16 identity of persons engaged in the gaming industry in this state are

4-17 confidential and must not be disclosed except in the proper administration

4-18 of this chapter or to an authorized law enforcement agency. Upon receipt

4-19 of a request from the welfare division of the department of human

4-20 resources pursuant to NRS 425.400 for information relating to a specific

4-21 person who has applied for or holds a work permit, the board shall disclose

4-22 to the division his social security number, residential address and current

4-23 employer as that information is listed in the files and records of the board.

4-24 Any record of the board or commission which shows that the applicant has

4-25 been convicted of a crime in another state must show whether the crime

4-26 was a misdemeanor, gross misdemeanor, felony or other class of crime as

4-27 classified by the state in which the crime was committed. In a disclosure of

4-28 the conviction, reference to the classification of the crime must be based on

4-29 the classification in the state where it was committed.

4-30 [11.] 13. A work permit expires unless renewed in accordance with

4-31 subsection [4,] 6, or if the holder thereof is not employed as a gaming

4-32 employee or does not serve as an independent agent within the jurisdiction

4-33 of the issuing authority for more than 90 days.

4-34 [12.] 14. The chairman of the board may designate a member of the

4-35 board or the board may appoint a hearing examiner and authorize that

4-36 person to perform on behalf of the board any of the following functions

4-37 required of the board by this section concerning work permits:

4-38 (a) Conducting a hearing and taking testimony;

4-39 (b) Reviewing the testimony and evidence presented at the hearing;

4-40 (c) Making a recommendation to the board based upon the testimony

4-41 and evidence or rendering a decision on behalf of the board to sustain or

4-42 reverse the denial of a work permit or the objection to the issuance or

4-43 renewal of a work permit; and

5-1 (d) Notifying the applicant of the decision.

5-2 [13.] 15. Notice by the board as provided pursuant to this section is

5-3 sufficient if it is mailed to the applicant’s last known address as indicated

5-4 on the application for a work permit, or the record of the hearing, as the

5-5 case may be. The date of mailing may be proven by a certificate signed by

5-6 an officer or employee of the board which specifies the time the notice was

5-7 mailed. The notice shall be deemed to have been received by the applicant

5-8 5 days after it is deposited with the United States Postal Service with the

5-9 postage thereon prepaid.

5-10 Sec. 2. This act becomes effective on July 1, 1999.