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 for an

2-5 operator of a slot machine route and perform duties for his employer in

2-6 more than one county or city without obtaining a valid work permit for

2-7 each county or city in which he performs those 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 gaming employee described in subsection 4 shall notify the

2-15 licensing authority of each city and county in which he performs duties

2-16 for his employer, other than the licensing authority that issued his valid

2-17 work permit, that he has obtained a valid work permit pursuant to

2-18 subsection 4.

2-19 6. A work permit issued to a gaming employee or an independent agent

2-20 must have clearly imprinted thereon a statement that it is valid for gaming

2-21 purposes only.

2-22 [4.] 7. Whenever any person applies for the issuance or renewal of a

2-23 work permit, the county or city officer or employee to whom the

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

2-25 the board, and may at the discretion of the county or city licensing authority

2-26 issue a temporary work permit. If within 90 days after receipt by the board

2-27 of the copy of the application, the board has not notified the county or city

2-28 licensing authority of any objection, the authority may issue, renew or deny

2-29 a work permit to the applicant. A gaming employee who is issued a work

2-30 permit must obtain renewal of the permit from the issuing agency within 10

2-31 days following any change of his place of employment. An independent

2-32 agent who is issued a work permit must obtain renewal of the permit from

2-33 the issuing agency within 10 days after executing an agreement to serve as

2-34 an independent agent within the jurisdiction of the issuing agency.

2-35 [5.] 8. If the board, within the 90-day period, notifies:

2-36 (a) The county or city licensing authority; and

2-37 (b) The applicant,

2-38 that the board objects to the granting of a work permit to the applicant, the

2-39 authority shall deny the work permit and shall immediately revoke and

2-40 repossess any temporary work permit which it may have issued. The notice

2-41 of objection by the board which is sent to the applicant must include a

2-42 statement of the facts upon which the board relied in making its objection.

3-1 [6.] 9. Application for a work permit [, valid wherever a work permit

3-2 is not required by any county or city licensing authority,] may be made to

3-3 the board, and may be granted or denied for any cause deemed reasonable

3-4 by the board. Whenever the board denies such an application, it shall

3-5 include in its notice of the denial a statement of the facts upon which it

3-6 relied in denying the application. Except for a permit issued to a person

3-7 pursuant to subsection 4, a permit issued by the board is valid only in a

3-8 county or city that does not require a work permit.

3-9 [7.] 10. Any person whose application for a work permit has been

3-10 denied because of an objection by the board or whose application has been

3-11 denied by the board may, not later than 60 days after receiving notice of the

3-12 denial or objection, apply to the board for a hearing. A failure of a person

3-13 whose application has been denied to apply for a hearing within 60 days or

3-14 his failure to appear at a hearing of the board conducted pursuant to this

3-15 section shall be deemed to be an admission that the denial or objection is

3-16 well founded, and the failure precludes administrative or judicial review. At

3-17 the hearing, the board shall take any testimony deemed necessary. After the

3-18 hearing the board shall review the testimony taken and any other evidence,

3-19 and shall within 45 days after the date of the hearing mail to the applicant

3-20 its decision sustaining or reversing the denial of the work permit or the

3-21 objection to the issuance of a work permit.

3-22 [8.] 11. The board may object to the issuance of a work permit or may

3-23 refuse to issue a work permit for any cause deemed reasonable by the

3-24 board. The board may object or refuse if the applicant has:

3-25 (a) Failed to disclose or misstated information or otherwise attempted to

3-26 mislead the board with respect to any material fact contained in the

3-27 application for the issuance or renewal of a work permit;

3-28 (b) Knowingly failed to comply with the provisions of this chapter or

3-29 chapter 463B, 464 or 465 of NRS or the regulations of the commission at a

3-30 place of previous employment;

3-31 (c) Committed, attempted or conspired to commit any crime of moral

3-32 turpitude, embezzlement or larceny or any violation of any law pertaining

3-33 to gaming, or any crime which is inimical to the declared policy of this state

3-34 concerning gaming;

3-35 (d) Committed, attempted or conspired to commit a crime which is a

3-36 felony or gross misdemeanor in this state or an offense in another state or

3-37 jurisdiction which would be a felony or gross misdemeanor if committed in

3-38 this state;

3-39 (e) Been identified in the published reports of any federal or state

3-40 legislative or executive body as being a member or associate of organized

3-41 crime, or as being of notorious and unsavory reputation;

3-42 (f) Been placed and remains in the constructive custody of any federal,

3-43 state or municipal law enforcement authority; or

4-1 (g) Had a work permit revoked or committed any act which is a ground

4-2 for the revocation of a work permit or would have been a ground for

4-3 revoking his work permit if he had then held a work permit.

4-4 If the board issues or does not object to the issuance of a work permit to an

4-5 applicant who has been convicted of a crime which is a felony, gross

4-6 misdemeanor or misdemeanor, it may specially limit the period for which

4-7 the permit is valid, limit the job classifications for which the holder of the

4-8 permit may be employed and establish such individual conditions for the

4-9 issuance, renewal and effectiveness of the permit as the board deems

4-10 appropriate, including required submission to unscheduled tests for the

4-11 presence of alcohol or controlled substances.

4-12 [9.] 12. Any applicant aggrieved by the decision of the board may,

4-13 within 15 days after the announcement of the decision, apply in writing to

4-14 the commission for review of the decision. Review is limited to the record

4-15 of the proceedings before the board. The commission may sustain, modify

4-16 or reverse the board’s decision. The decision of the commission is subject

4-17 to judicial review pursuant to NRS 463.315 to 463.318, inclusive.

4-18 [10.] 13. Except as otherwise provided in this subsection, all records

4-19 acquired or compiled by the board or commission relating to any

4-20 application made pursuant to this section and all lists of persons to whom

4-21 work permits have been issued or denied and all records of the names or

4-22 identity of persons engaged in the gaming industry in this state are

4-23 confidential and must not be disclosed except in the proper administration

4-24 of this chapter or to an authorized law enforcement agency. Upon receipt of

4-25 a request from the welfare division of the department of human resources

4-26 pursuant to NRS 425.400 for information relating to a specific person who

4-27 has applied for or holds a work permit, the board shall disclose to the

4-28 division his social security number, residential address and current

4-29 employer as that information is listed in the files and records of the board.

4-30 Any record of the board or commission which shows that the applicant has

4-31 been convicted of a crime in another state must show whether the crime

4-32 was a misdemeanor, gross misdemeanor, felony or other class of crime as

4-33 classified by the state in which the crime was committed. In a disclosure of

4-34 the conviction, reference to the classification of the crime must be based on

4-35 the classification in the state where it was committed.

4-36 [11.] 14. A work permit expires unless renewed in accordance with

4-37 subsection [4,] 7, or if the holder thereof is not employed as a gaming

4-38 employee or does not serve as an independent agent within the jurisdiction

4-39 of the issuing authority for more than 90 days.

4-40 [12.] 15. The chairman of the board may designate a member of the

4-41 board or the board may appoint a hearing examiner and authorize that

4-42 person to perform on behalf of the board any of the following functions

4-43 required of the board by this section concerning work permits:

5-1 (a) Conducting a hearing and taking testimony;

5-2 (b) Reviewing the testimony and evidence presented at the hearing;

5-3 (c) Making a recommendation to the board based upon the testimony

5-4 and evidence or rendering a decision on behalf of the board to sustain or

5-5 reverse the denial of a work permit or the objection to the issuance or

5-6 renewal of a work permit; and

5-7 (d) Notifying the applicant of the decision.

5-8 [13.] 16. Notice by the board as provided pursuant to this section is

5-9 sufficient if it is mailed to the applicant’s last known address as indicated

5-10 on the application for a work permit, or the record of the hearing, as the

5-11 case may be. The date of mailing may be proven by a certificate signed by

5-12 an officer or employee of the board which specifies the time the notice was

5-13 mailed. The notice shall be deemed to have been received by the applicant

5-14 5 days after it is deposited with the United States Postal Service with the

5-15 postage thereon prepaid.

5-16 Sec. 2. This act becomes effective on July 1, 1999.