1-2 new chapter to consist of the provisions set forth as sections 2 to 61,

4-4 reasonable expenses incurred by the board in carrying out the provisions

4-5 of this chapter must be paid from the money which it receives. No part of

4-6 the salaries or expenses of the board may be paid from the state general

4-7 fund.

4-8 2. All money received by the board must be deposited in a bank or

4-9 other financial institution in this state and paid out on its order for its

4-10 expenses.

4-11 3. The board may delegate to a hearing officer or panel its authority

4-12 to take any disciplinary action pursuant to this chapter, impose and

4-13 collect fines and penalties therefor and deposit the money therefrom in a

4-14 bank or other financial institution in this state.

4-15 4. If a hearing officer or panel is not authorized to take disciplinary

4-16 action pursuant to subsection 3 and the board deposits the money

4-17 collected from the imposition of fines with the state treasurer for credit to

4-18 the state general fund, it may present a claim to the state board of

4-19 examiners for recommendation to the interim finance committee if

4-20 money is required to pay attorney’s fees or the costs of an investigation,

4-27 (a) Is a resident of this state or, if not a resident, has filed with the

4-28 board a designation and acceptance of a resident agent for service of

4-29 legal process;

4-30 (b) Is a person of fiscal integrity who has not committed any acts

4-31 involving dishonesty or moral turpitude; and

4-32 (c) Has passed the written examination of the board.

4-33 2. If the board refuses to issue a license to an applicant:

4-34 (a) The board shall set forth the reason therefor in a written statement

4-35 to the applicant; and

4-36 (b) The applicant may submit to the board a written request for

4-37 reconsideration within 30 days after the board refuses to issue the

4-40 board and take place as often as the board determines necessary, but not

5-5 satisfactory to the board that he:

5-6 (a) Is of good moral character.

5-7 (b) Is a citizen of the United States or is lawfully entitled to remain

5-8 and work in the United States.

5-9 (c) Has passed the examination of the board.

5-10 (d) Has not been convicted of a felony pursuant to the laws of any

5-11 state, the United States or the District of Columbia. For the purposes of

5-12 this paragraph, an affidavit signed by the applicant stating that he has

5-13 not been convicted of a felony constitutes satisfactory proof.

5-14 (e) Has not been convicted of a crime, an element of which is

5-15 dishonesty or fraud, pursuant to the laws of any state, the United States

5-16 or the District of Columbia. For the purposes of this paragraph, an

5-17 affidavit signed by the applicant stating that he has not been convicted of

5-18 such a crime constitutes satisfactory proof.

5-19 2. The applicant must pay a fee for:

5-20 (a) An application for a license of not more than $600.

5-21 (b) The examination required by the board pursuant to section 20 of

5-22 this act of not more than $200.

5-23 3. The board may reject an application if it appears that the

5-24 applicant’s credentials are fraudulent or the applicant has engaged in the

5-25 practice of management consulting without a license issued pursuant to

5-26 the provisions of this chapter, or has committed any act described in

5-27 section 33 of this act.

5-28 4. The board may require the applicant to provide any other

5-29 information it considers necessary to establish the qualifications of the

5-34 shall submit to the board the statement prescribed by the welfare division

5-35 of the department of human resources pursuant to NRS 425.520. The

5-36 statement must be completed and signed by the applicant.

5-37 2. The board shall include the statement required pursuant to

5-38 subsection 1 in:

5-39 (a) The application or any other forms that must be submitted for the

5-40 issuance or renewal of the license; or

5-41 (b) A separate form prescribed by the board.

5-42 3. A license may not be issued or renewed by the board if the

6-16 (a) Conduct at least two examinations each year to examine

6-17 applicants;

6-18 (b) Establish the time and place for the examinations;

6-19 (c) Provide such books, blanks and forms as may be necessary to

6-20 conduct the examinations; and

6-21 (d) Establish, by regulation, the requirements for passing the

6-22 examination.

6-23 2. The examination must:

6-24 (a) Be conducted in the English language, and written or oral, as the

6-25 board may determine; and

6-26 (b) Test the applicant on the provisions of this chapter and any

6-29 chapter expires 1 year after the date of issuance. A license may be

6-30 renewed before it expires upon:

6-31 (a) The submission of the statement required pursuant to section 24 of

6-32 this act; and

6-33 (b) The payment of a renewal fee of $200.

6-34 2. A license that is not renewed by the expiration date is delinquent.

6-35 A delinquent license may be reinstated upon the payment of the annual

6-38 person who holds a license or certificate to engage in the practice of

6-39 management consulting in a state, territory or possession of the United

6-40 States or the District of Columbia if the requirements for that license or

6-41 certificate at the time the license or certificate was issued are deemed by

6-42 the board to be substantially equivalent to the requirements for a license

7-2 corporation for the practice of management consulting pursuant to

7-3 chapter 89 of NRS. The corporation is not required to have more

7-4 directors than shareholders, but at least one director must be a

7-5 shareholder. The other directors are not required to be shareholders.

7-6 2. One or more natural persons may:

7-7 (a) Organize a corporation pursuant to chapter 78 of NRS;

7-8 (b) Qualify to do business as a foreign corporation pursuant to

7-9 chapter 80 of NRS;

7-10 (c) Organize a limited-liability company pursuant to chapter 86 of

7-11 NRS; or

7-12 (d) Register as a foreign limited-liability company pursuant to chapter

7-13 86 of NRS,

7-14 to engage in the practice of management consulting.

7-15 3. The organization, qualification or registration of a corporation or

7-16 company pursuant to subsection 2:

7-17 (a) Does not modify:

7-18 (1) The relationship between a professional management

7-19 consultant and a client;

7-20 (2) The liability arising out of that relationship; or

7-21 (3) The compliance of the corporation or company with the

7-22 provisions of this chapter or any regulations adopted pursuant to this

7-23 chapter.

7-24 (b) Does not render:

7-25 (1) A person liable in tort for any act in which he has not personally

7-26 participated.

7-27 (2) The manager, a member or an employee of a limited-liability

7-28 company liable in contract for a contract that he executes on behalf of a

7-31 management consulting shall register with the board as a partnership of

7-32 professional management consultants and comply with the following

7-33 requirements:

7-34 (a) At least one general partner must be a licensee in good standing.

7-35 (b) Each partner who is a resident of this state and is personally and

7-36 regularly engaged in this state in the practice of management consulting

7-37 as a partner of the partnership must be a licensee in good standing.

7-38 (c) Each partner who personally engages in the practice of

7-39 management consulting in this state and who is not a resident of this

7-40 state and is not regularly employed in an office of the firm in this state

7-41 must be a licensed or certified professional management consultant of a

7-42 state, territory or possession of the United States or the District of

8-26 management consulting shall register with the board as a corporation of

8-27 professional management consultants and comply with the following

8-28 requirements:

8-29 (a) The sole purpose and business of the corporation must be to

8-30 provide to the public services not inconsistent with the provisions of this

8-31 chapter or the regulations of the board, except that the corporation may

8-32 invest its money in a manner not incompatible with the practice of

8-33 management consulting.

8-34 (b) Each shareholder of the corporation must be a licensee or a

8-35 licensed or certified professional management consultant of a state,

8-36 territory or possession of the United States or the District of Columbia in

8-37 good standing, and be principally employed by the corporation or actively

8-38 engaged in its business. No other person may have any interest in the

8-39 stock of the corporation. The principal officer of the corporation and any

8-40 officer or director who has authority over the practice of management

8-41 consulting by the corporation must be a licensee or a licensed or certified

8-42 professional management consultant of a state, territory or possession of

9-27 practice of management consulting shall register with the board as a

9-28 limited-liability company of professional management consultants and

9-29 comply with the following requirements:

9-30 (a) The sole purpose and business of the limited-liability company

9-31 must be to provide to the public services not inconsistent with the

9-32 provisions of this chapter or the regulations of the board, except that the

9-33 limited-liability company may invest its money in a manner not

9-34 incompatible with the practice of management consulting.

9-35 (b) Each member of the limited-liability company must be a licensee

9-36 or a licensed or certified professional management consultant of a state,

9-37 territory or possession of the United States or the District of Columbia in

9-38 good standing, and be principally employed by the limited-liability

9-39 company or actively engaged in its business. No other person may have

9-40 any interest in the limited-liability company. The manager, if any, of the

9-41 limited-liability company must be a licensee in good standing.

9-42 (c) At least one member of the limited-liability company must be a

10-24 the practice of management consulting in this state by a licensee,

10-25 partnership, corporation or limited-liability company must be registered

10-26 annually with the board pursuant to this chapter. The board may charge

10-27 a fee for the registration of an office.

10-28 2. Each office must be supervised by a manager who is a licensee.

10-29 The manager may be a partner, shareholder, member or employee.

10-30 3. The board shall, by regulation, prescribe the procedure for the

10-33 may revoke or suspend a license for a period of not more than 5 years,

10-34 suspend or refuse to renew a license, or administer a public or private

10-35 reprimand to a licensee for any of the following reasons:

10-36 (a) Fraud or deceit in obtaining a license or certificate.

10-37 (b) Dishonesty, fraud or gross negligence by a licensee in the practice

10-38 of management consulting or, if not in the practice of management

10-39 consulting, of a kind that adversely affects the ability to engage in the

10-40 practice of management consulting.

10-41 (c) A violation of any provision of this chapter.

10-42 (d) A violation of a regulation or rule of professional conduct adopted

13-9 pursuant to NRS 425.540 that provides for the suspension of all

13-10 professional, occupational and recreational licenses, certificates and

13-11 permits issued to a licensee, the board shall deem the license to be

13-12 suspended at the end of the 30th day after the date on which the court

13-13 order was issued unless the board receives a letter issued to the licensee

13-14 by the district attorney or other public agency pursuant to NRS 425.550

13-15 stating that the licensee has complied with the subpoena or warrant or

13-16 has satisfied the arrearage pursuant to NRS 425.560.

13-17 2. The board shall reinstate a license that has been suspended by a

13-18 district court pursuant to NRS 425.540 if the board receives a letter

13-19 issued by the district attorney or other public agency pursuant to NRS

13-20 425.550 to the licensee stating that the licensee has complied with the

13-21 subpoena or warrant or has satisfied the arrearage pursuant to NRS

13-24 pursuant to section 33 of this act, the board may suspend any of the

13-25 provisions of an order issued pursuant to that section and place the

13-26 licensee on probation, subject to the limitations and conditions specified

13-38 1. Shall revoke the registration of a partnership, corporation or

13-39 limited-liability company if at any time it fails to comply with the

13-40 qualifications prescribed by this chapter pursuant to which it qualified

13-41 for registration.

14-19 any ground for initiating disciplinary action against a licensee or

14-20 registrant shall, and any other person who is so aware may file a written

14-21 complaint specifying the relevant facts with the board. The complaint

14-22 must specifically charge one or more of the grounds for initiating

14-23 disciplinary action.

14-25 shall fix a date for a hearing thereon. The date must not be earlier than

14-26 30 days after the complaint is filed, except that the date may be changed

14-27 upon the agreement of both parties. The board shall serve a notice of

14-28 hearing upon the licensee or registrant not less than 30 days before the

14-29 date of the hearing, either personally or by mailing a copy thereof by

14-30 registered or certified mail to the last known address of the licensee or

14-31 registrant as indicated in the records of the board. A copy of the

14-32 complaint must be attached to the notice.

14-33 3. The licensee or registrant may provide a written response to the

14-34 complaint within 20 days after the licensee or registrant receives the

14-35 notice of hearing.

14-36 4. If the licensee or registrant fails to appear at the hearing, the

14-37 board may proceed to hear evidence and may enter such order as is

14-38 justified by the evidence. The order is final unless the licensee or

14-39 registrant petitions for a review of the order. Within 30 days after the

14-40 date of any order, upon a showing of good cause for failing to appear,

14-41 the board may reopen the proceedings and allow the licensee or

15-6 memoranda made by a licensee or registrant in the course of

15-7 professional service to clients, except reports submitted by a licensee or

15-8 registrant to a client, are the property of the licensee or registrant, in the

15-9 absence of a written agreement between the licensee or registrant, and

15-10 the client to the contrary. No such statement, record, schedule, working

15-11 paper or memorandum may be sold, transferred or bequeathed, without

15-12 the consent of the client or his personal representative or assignee, to any

15-13 person other than one or more surviving partners or new partners of the

15-16 serving as an employee of, or an assistant to, a licensee or registrant if

15-17 the employee or assistant does not engage in the practice of management

15-18 consulting.

15-19 Sec. 45. 1. The board may adopt regulations that prescribe the

15-20 requirements for the issuance of a temporary license to a person who

15-21 does not hold a license and does not have a registered office or residence

15-22 in this state, or to a partnership, corporation or limited-liability company

15-23 that is not registered and does not have a registered office in this state, to

15-24 allow that person, partnership, corporation or limited-liability company

15-25 to carry out a specific engagement or employment in this state. A

15-26 temporary license:

15-27 (a) Is valid for not more than 6 months;

15-28 (b) Is limited to one engagement or employment; and

15-29 (c) May not be issued to a person unless he is licensed, certified or

15-30 registered to engage in the practice of management consulting in another

15-31 state, territory or possession of the United States or the District of

15-32 Columbia, or to any partnership, corporation or limited-liability company

15-33 unless all the partners, shareholders or members thereof are licensed,

15-34 certified or registered to engage in the practice of management

15-35 consulting in another state, territory or possession of the United States or

15-36 the District of Columbia.

15-37 2. Each person, partnership, corporation and limited-liability

15-38 company that applies for a temporary license must file with the board a

15-39 designation and acceptance of a resident agent for service of legal

15-40 process and pay a fee established by the board before beginning work for

16-13 designation "certified professional consultant to management," the

16-14 abbreviation "C.P.C.M." or "CPCM," or any other title, designation,

16-15 words, letters, abbreviation, sign, card or device tending to indicate that

16-16 he is a certified professional consultant to management, unless he has

16-17 received a certificate as a certified professional consultant to

16-20 shall not assume or use the title or designation "certified professional

16-21 consultant to management," the abbreviation "C.P.C.M." or "CPCM,"

16-22 or any other title, designation, words, letters, abbreviation, sign, card or

16-23 device tending to indicate that the partnership, corporation or limited-

16-24 liability company consists of certified professional consultants to

16-25 management unless the partnership, corporation or limited-liability

16-26 company is registered as a partnership, corporation or limited-liability

16-27 company of certified professional consultants to management with the

17-6 designation "licensed professional management consultant," the

17-7 abbreviation "L.P.M.C." or "LPMC," or any other title, designation,

17-8 words, letters, abbreviation, sign, card or device tending to indicate that

17-9 he is a licensed professional management consultant unless he is

17-12 shall not assume or use the title or designation "licensed professional

17-13 management consultant," the abbreviation "L.P.M.C." or "LPMC," or

17-14 any other title, designation, words, letters, abbreviation, sign, card or

17-15 device tending to indicate that the partnership, corporation or limited-

17-16 liability company consists of licensed professional management

17-17 consultants, unless the partnership, corporation or limited-liability

17-20 liability company that is not licensed or registered in this state to engage

17-21 in the practice of management consulting shall not assume or use a title

17-22 or designation likely to be confused with "licensed professional

17-23 management consultant" or "registered professional management

17-24 consultant."

17-25 Sec. 53. A natural person, partnership, corporation or limited-

17-26 liability company shall not assume or use the title or designation

17-27 "certified professional consultant to management," or any other title or

17-28 designation likely to be confused with "certified professional consultant

17-29 to management," or the abbreviation "C.P.C.M." or "CPCM," or a

17-30 similar abbreviation likely to be confused with "C.P.C.M." or "CPCM,"

17-31 unless the natural person, partnership, corporation or limited-liability

17-32 company is certified or registered by the National Bureau of Certified

17-33 Consultants.

17-34 Sec. 54. A natural person, partnership, corporation or limited-

17-35 liability company shall not assume or use the title or designation

17-36 "certified management consultant," or any other title or designation

17-37 likely to be confused with "certified management consultant," or the

17-38 abbreviation "C.M.C." or "CMC," or a similar abbreviation likely to be

17-39 confused with "C.M.C." or "CMC," unless the natural person,

17-40 partnership, corporation or limited-liability company is certified or

17-41 registered by the Institute of Management Consultants.

18-2 shall not sign or affix to any document his name or the name of a

18-3 partnership, corporation or limited-liability company, or any trade or

18-4 assumed name used by him or by the partnership, corporation or limited-

18-5 liability company in business, with any wording indicating that he is a

18-6 licensed professional management consultant, or that the partnership,

18-7 corporation or limited-liability company is authorized to engage in the

18-8 practice of management consulting or with any wording indicating that

18-9 he or the partnership, corporation or limited-liability company has expert

18-10 knowledge in the practice of management consulting unless he is a

18-11 licensee or registrant.

18-12 2. The provisions of subsection 1 do not prohibit:

18-13 (a) Any officer, employee, partner, principal or member of any

18-14 organization from affixing his signature to any statement or report in

18-15 reference to the financial affairs of that organization with any wording

18-16 designating the position, title or office which he holds in the

18-17 organization; or

18-18 (b) Any act of a public officer or public employee in the performance

18-21 name of a partnership, corporation or limited-liability company, with any

18-22 wording indicating that it is a partnership, corporation or limited-liability

18-23 company consisting of licensees unless the partnership, corporation or

18-26 person, partnership, corporation or limited-liability company shall not

18-27 engage in the practice of management consulting or hold itself out to the

18-28 public as a "consultant" by use of that word, or by use of the word

18-29 "consulting," or any sign, card, letterhead or in any advertisement or

18-30 directory unless, if a natural person, he is a licensee, or if a partnership,

18-31 corporation or limited-liability company, it is a registrant.

18-32 2. The provisions of subsection 1 do not prohibit:

18-33 (a) Any officer, employee, partner, shareholder, principal or member

18-34 of any organization from describing himself by the position, title or office

18-35 he holds in that organization; or

18-36 (b) Any act of a public officer or public employee in the performance

18-39 designation "licensed professional management consultant," "certified

18-40 professional consultant to management" or "certified management

19-15 advertisement or other printed, engraved or written instrument or device,

19-16 bearing a person’s name in conjunction with the words "licensed

19-17 professional management consultant" or any abbreviation thereof, or

19-18 "certified professional consultant to management" or any abbreviation

19-19 thereof, or "certified management consultant" or any abbreviation

19-20 thereof, is prima facie evidence in any action brought pursuant to

19-21 sections 46 to 60, inclusive, of this act that the person whose name is so

19-22 displayed caused or procured the display or uttering of the card, sign,

19-23 advertisement or other printed, engraved or written instrument or device,

19-24 and that the person is holding himself out to be a licensee, certified

19-25 professional consultant to management or certified management

19-26 consultant.

19-27 2. In any such action, evidence of the commission of a single act

19-28 prohibited by this chapter is sufficient to justify an injunction or a

19-29 conviction without evidence of a general course of conduct.

19-31 about to engage, in an act or practice that constitutes, or will constitute, a

19-32 violation of the provisions of sections 46 to 60, inclusive, of this act, the

19-33 board may make application to an appropriate court for an order

19-34 enjoining the act or practice, and upon a showing by the board that the

19-35 person has engaged, or is about to engage, in that act or practice, an

19-36 injunction, restraining order or such order as may be appropriate must

19-39 guilty of a misdemeanor.

19-40 2. If the board has reason to believe that a person is liable to

19-41 punishment pursuant to this section, the board may certify the facts to

19-42 the attorney general or other appropriate law enforcement officer, who

20-2 218.825 1. Each of the boards and commissions created by the

20-3 provisions of chapters 623 to 625A, inclusive, chapters 628 to 644,

20-4 inclusive, and chapters 654 and 656 of NRS and sections 2 to 61,

20-5 inclusive, of this act shall engage the services of a certified public

20-6 accountant or public accountant, or firm of either of such accountants, to

20-7 audit all [of] its fiscal records once each year for the preceding fiscal year

20-8 or once every other year for the 2 preceding fiscal years. The cost of the

20-9 audit must be paid by the board or commission audited.

20-10 2. A report of each such audit must be filed by the board or

20-11 commission with the legislative auditor and the director of the budget on or

20-12 before December 1 of each year in which an audit is conducted. All audits

20-13 must be conducted in accordance with generally accepted auditing

20-14 standards and all financial statements must be prepared in accordance with

20-15 generally accepted principles of accounting for special revenue funds.

20-16 3. The legislative auditor shall audit the fiscal records of any such

20-17 board or commission whenever directed to do so by the legislative

20-18 commission. When the legislative commission directs such an audit, it shall

20-22 does not apply to:

20-23 (a) Agencies, bureaus, commissions, officers or personnel in the

20-24 legislative department or the judicial department of state government,

20-25 including the commission on judicial discipline;

20-26 (b) Any person who is employed by a board, commission, committee or

20-27 council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644,

20-28 inclusive, 648, 652, 654 and 656 of NRS [;] and sections 2 to 61,

20-29 inclusive, of this act; or

20-30 (c) Officers or employees of any agency of the executive department of

20-31 the state government who are exempted by specific statute.

20-32 2. Except as otherwise provided in subsection 3, the terms and

20-33 conditions of employment of all persons referred to in subsection 1,

20-34 including salaries not prescribed by law and leaves of absence, including,

20-35 without limitation, annual leave and sick and disability leave, must be fixed

20-36 by the appointing or employing authority within the limits of legislative

20-37 appropriations or authorizations.

20-38 3. Except as otherwise provided in this subsection, leaves of absence

20-39 prescribed pursuant to subsection 2 must not be of lesser duration than

20-40 those provided for other state officers and employees pursuant to the

20-41 provisions of this chapter. The provisions of this subsection do not govern

20-42 the legislative commission with respect to the personnel of the legislative

21-9 requires:

21-10 1. "Agency" means every agency, department, division, board,

21-11 commission or similar body, or elected officer, of the executive branch of

21-12 the state, except:

21-13 (a) A board or commission created by the provisions of chapters 623 to

21-14 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS [.] and sections

21-15 2 to 61, inclusive, of this act.

21-16 (b) The University and Community College System of Nevada.

21-17 (c) The public employees’ retirement system.

21-18 (d) The state industrial insurance system.

21-19 (e) The housing division of the department of business and industry.

21-20 (f) The Colorado River commission.

21-21 2. "Director" means the director of the department of administration.

21-22 3. "Internal accounting and administrative control" means a method

21-23 through which agencies can safeguard assets, check the accuracy and

21-24 reliability of their accounting information, promote efficient operations and

21-28 licensed or certified by the State of Nevada for and engaged in the practice

21-29 of law or any of the professions regulated by chapters 623 to 645, inclusive,

21-30 of NRS [.] and sections 2 to 61, inclusive, of this act.

21-31 Sec. 66. Section 26 of this act is hereby amended to read as follows:

21-32 Sec. 26. 1. A license issued pursuant to the provisions of this

21-33 chapter expires 1 year after the date of issuance. A license may be

21-34 renewed before it expires upon [:

21-35 (a) The submission of the statement required pursuant to section

21-36 24 of this act; and

21-37 (b) The] the payment of a renewal fee of $200.

21-38 2. A license that is not renewed by the expiration date is

21-39 delinquent. A delinquent license may be reinstated upon the

21-40 payment of the annual renewal fee and an additional fee for

21-41 delinquency of $50.