Assembly Bill No. 337–Assemblymen Giunchigliani, Arberry, Parks, McClain, Leslie, Anderson, Atkinson, Conklin, Horne, Manendo, Oceguera and Williams

 

March 14, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning rights of ex-felons. (BDR 14‑63)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to criminal history; providing for the automatic restoration of the civil rights of a person who is honorably discharged from probation or parole, or pardoned or released from prison after serving his sentence; providing for the automatic restoration of the civil rights of a person whose records of conviction are sealed; removing the authority of the State Gaming Control Board and Nevada Gaming Commission to inspect certain sealed records concerning convictions; limiting the persons who are required to register as convicted persons; prohibiting a law enforcement agency from requiring a convicted person to carry a registration card; revising the provisions governing the employment of certain convicted felons; revising the provisions governing the certification and licensure of certain convicted felons in certain professions and occupations; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

 

2-1  Section 1. NRS 176A.850 is hereby amended to read as

2-2  follows:

2-3  176A.850  1.  A person who:

2-4  (a) Has fulfilled the conditions of his probation for the entire

2-5  period thereof;

2-6  (b) Is recommended for earlier discharge by the Division; or

2-7  (c) Has demonstrated his fitness for honorable discharge but

2-8  because of economic hardship, verified by a parole and probation

2-9  officer, has been unable to make restitution as ordered by the

2-10  court,

2-11  may be granted an honorable discharge from probation by order of

2-12  the court.

2-13      2.  Any amount of restitution remaining unpaid constitutes a

2-14  civil liability arising upon the date of discharge.

2-15      3.  A person honorably discharged from probation:

2-16      (a) Is free from the terms and conditions of his probation;

2-17      (b) [If he meets the requirements of NRS 176A.860, may apply

2-18  to the Division to request a restoration of his civil rights ; and

2-19      (c)] If he meets the requirements of NRS 179.245, may apply to

2-20  the court for the sealing of records relating to his

2-21  conviction[.

2-22  The person must] ; and

2-23      (c) Must be informed of the provisions of this section and NRS

2-24  [176A.860 and] 179.245 in his probation papers.

2-25      4.  If the court grants to a person an honorable discharge

2-26  from probation pursuant to this section:

2-27      (a) The court shall include in the honorable discharge an

2-28  order restoring the civil rights of the person and releasing the

2-29  person from all penalties and disabilities which resulted from

2-30  the offense or crime of which the person was convicted and notify

2-31  the Division of the order; and

2-32      (b) The Division shall, as soon as reasonably practicable after

2-33  entry of the court order:

2-34          (1) Provide written notice to the registrar of voters for the

2-35  county in which the person resides that the right to vote of the

2-36  person has been restored; and

2-37          (2) Provide written notice to the person that his civil rights

2-38  have been restored. The person may present the written notice to

2-39  the registrar of voters for the county in which the person resides as

2-40  proof that his right to vote has been restored.

2-41      5.  If a person is honorably discharged from probation in

2-42  another state, the person may apply to a court of competent

2-43  jurisdiction in this state for restoration of his civil rights. The

2-44  court shall recognize the order granting the honorable discharge

2-45  in the other state for the purpose of restoring the right to vote of

3-1  the person in this state and the provisions of this section must

3-2  apply.

3-3  6. A person honorably discharged from probation who has had

3-4  his civil rights restored by the court:

3-5  (a) Is exempt from the requirements of chapter 179C of NRS,

3-6  but is not exempt from the requirements of chapter 179D of NRS.

3-7  (b) May vote, hold office or serve as a juror.

3-8  (c) Shall disclose the conviction to a gaming establishment and

3-9  to the State and its agencies, departments, boards, commissions and

3-10  political subdivisions, if required in an application for employment,

3-11  license or other permit. As used in this paragraph, “establishment”

3-12  has the meaning ascribed to it in NRS 463.0148.

3-13      (d) Except as otherwise provided in paragraph (c), need not

3-14  disclose the conviction to an employer or prospective employer.

3-15      [5.] 7. The prior conviction of a person whose civil rights have

3-16  been restored [or who has been honorably discharged from

3-17  probation] pursuant to this section may be used for purposes of

3-18  impeachment. In any subsequent prosecution of the person , [who

3-19  has had his civil rights restored or who has been honorably

3-20  discharged from probation,] the prior conviction may be pleaded

3-21  and proved if otherwise admissible.

3-22      8.  A person must not be required to pay a fee to have his civil

3-23  rights restored or to be released from penalties and disabilities

3-24  pursuant to this section.

3-25      Sec. 2.  NRS 179.285 is hereby amended to read as follows:

3-26      179.285  [Except as otherwise provided in NRS 179.301, if]

3-27      1.  If the court orders a record sealed pursuant to NRS

3-28  176A.265, 179.245, 179.255, 179.259 or 453.3365:

3-29      [1.] (a) All proceedings recounted in the record are deemed

3-30  never to have occurred, and the person to whom the order pertains

3-31  may properly answer accordingly to any inquiry , including,

3-32  without limitation, an inquiry relating to an application for

3-33  employment, concerning the arrest, conviction, dismissal or

3-34  acquittal and the events and proceedings relating to the arrest,

3-35  conviction, dismissal or acquittal.

3-36      [2.  The]

3-37      (b) Unless the person has already had his civil rights restored,

3-38  the court shall :

3-39          (1) Enter an order restoring the civil rights of the person [to

3-40  whom the order pertains to be restored if the person has not been

3-41  restored to his civil rights .] and releasing the person from all

3-42  penalties and disabilities which resulted from the offense or crime

3-43  of which the person was convicted; and

3-44          (2) Provide written notice, as soon as reasonably

3-45  practicable after entry of the court order, to the person and the

4-1  registrar of voters for the county in which the person resides that

4-2  the right to vote of the person has been restored. The person may

4-3  present the written notice to the registrar of voters for the county

4-4  in which the person resides as proof that his right to vote has been

4-5  restored.

4-6  2.  If a court in another state has ordered the same or similar

4-7  type of record of a person to be sealed, the person may apply to a

4-8  court of competent jurisdiction in this state for restoration of his

4-9  civil rights. The court shall recognize the order sealing the record

4-10  in the other state for the purpose of restoring the right to vote of

4-11  the person in this state and the provisions of this section must

4-12  apply.

4-13      Sec. 3.  NRS 179.301 is hereby amended to read as follows:

4-14      179.301  1.  [The State Gaming Control Board and Nevada

4-15  Gaming Commission and their employees, agents and

4-16  representatives may inquire into and inspect any records sealed

4-17  pursuant to NRS 179.245 or 179.255, if the event or conviction was

4-18  related to gaming, for purposes of determining the suitability or

4-19  qualifications of any person to hold a state gaming license,

4-20  manufacturer’s, seller’s or distributor’s license or gaming work

4-21  permit pursuant to chapter 463 of NRS. Events and convictions, if

4-22  any, which are the subject of an order sealing records may form the

4-23  basis for recommendation, denial or revocation of those licenses or

4-24  work permits.

4-25      2.] The Central Repository for Nevada Records of Criminal

4-26  History and its employees may inquire into and inspect any records

4-27  sealed pursuant to NRS 179.245 or 179.255 that constitute

4-28  information relating to sexual offenses, and may notify employers of

4-29  the information in accordance with NRS 179A.180 to 179A.240,

4-30  inclusive.

4-31      [3.] 2.   Records which have been sealed pursuant to NRS

4-32  179.245 or 179.255 and which are retained in the statewide registry

4-33  established pursuant to NRS 179B.200 may be inspected pursuant to

4-34  chapter 179B of NRS by an officer or employee of the Central

4-35  Repository or a law enforcement officer in the regular course of his

4-36  duties.

4-37      Sec. 4.  NRS 179C.010 is hereby amended to read as follows:

4-38      179C.010  1.  Except as otherwise provided in subsection 2, as

4-39  used in this chapter, unless the context otherwise requires,

4-40  “convicted person” means:

4-41      (a) A person convicted in the State of Nevada [of an offense that

4-42  is punishable as a felony] or convicted in any place other than the

4-43  State of Nevada of [a felony;

5-1  (b) A person convicted in the State of Nevada, or elsewhere, of

5-2  the violation of a law, regardless of whether the violation is

5-3  punishable as a felony:

5-4       (1) Relating to or regulating the possession, distribution,

5-5  furnishing or use of a habit-forming drug of the kind or character

5-6  described and referred to in the Uniform Controlled Substances Act;

5-7       (2) Regulating or prohibiting the carrying, possession or

5-8  ownership of a concealed weapon, deadly weapon or weapon

5-9  capable of being concealed, or regulating or prohibiting the

5-10  possession, sale or use of a device, instrument or attachment

5-11  designed or intended to be used to silence the report or conceal the

5-12  discharge or flash of any firearm; or

5-13          (3) Regulating or prohibiting the use, possession,

5-14  manufacture or compounding of tear gas, or any other gas, that may

5-15  be used to disable temporarily or permanently a human being; or(c)

5-16  A person convicted in the State of Nevada, or elsewhere, of an

5-17  attempt or a conspiracy to commit an offense described or referred

5-18  to in this subsection.] three or more offenses punishable as felonies

5-19  which involved the use or threatened use of force or violence

5-20  against the victim; or

5-21      (b) A habitual felon as defined in NRS 207.012.

5-22      2.  For the purposes of this chapter, “convicted person” does not

5-23  include:

5-24      (a) A person who has been convicted of a crime against a child,

5-25  as defined in NRS 179D.210, or a sexual offense, as defined in NRS

5-26  179D.410; [or]

5-27      (b) Except as otherwise provided in this chapter, a person whose

5-28  conviction is or has been set aside in the manner provided by law [.]

5-29  ; or

5-30      (c) A person whose civil rights have been restored pursuant to

5-31  NRS 176A.850, 179.285, 213.090, 213.155 or 213.157.

5-32      Sec. 5.  NRS 179C.100 is hereby amended to read as follows:

5-33      179C.100  1.  It is unlawful for a convicted person to be or

5-34  remain in the State of Nevada for a period of more than 48 hours

5-35  without, during such 48-hour period, registering with the sheriff of a

5-36  county or the chief of police of a city in the manner prescribed in

5-37  this section.

5-38      2.  A convicted person who does not reside in the State of

5-39  Nevada but who has a temporary or permanent place of abode

5-40  outside the State of Nevada, and who comes into the State on five

5-41  occasions or more during any 30-day period, is subject to the

5-42  provisions of this chapter.

5-43      3.  A person who has registered as a convicted person with the

5-44  sheriff of a county or the chief of police of a city shall register again

6-1  as provided in this section if he subsequently commits another

6-2  offense described or referred to in this chapter.

6-3  4.  A person required by this section to register shall do so by

6-4  filing with the sheriff or chief of police a statement in writing, upon

6-5  a form prescribed and furnished by the sheriff or chief of police,

6-6  which is signed by the person and which provides the following

6-7  information:

6-8  (a) His true name and each alias that he has used or under which

6-9  he may have been known;

6-10      (b) A full and complete description of his person;

6-11      (c) The kind, character and nature of each crime of which he has

6-12  been convicted;

6-13      (d) The place in which he was convicted of each crime;

6-14      (e) The name under which he was convicted in each instance

6-15  and the date thereof;

6-16      (f) The name, if any, and the location of each prison,

6-17  reformatory, jail or other penal institution in which he was confined

6-18  or to which he was sentenced;

6-19      (g) The location and address of his residence, stopping place,

6-20  living quarters or place of abode, and if more than one residence,

6-21  stopping place or place of abode, that fact must be stated and the

6-22  location and address of each given;

6-23      (h) The kind of residence, stopping place, or place of abode in

6-24  which he resides, including whether it is a private residence, hotel,

6-25  apartment house or other building or structure;

6-26      (i) The length of time he has occupied each place of residence,

6-27  stopping place or place of abode, and the length of time he expects

6-28  or intends to remain in the State of Nevada; and

6-29      (j) Any further information that may be required by the sheriff

6-30  or chief of police for the purpose of aiding and assisting in carrying

6-31  into effect the provisions and intent of this chapter.

6-32      5.  The sheriff of a county or the chief of police of a city shall

6-33  not require a convicted person to carry a registration card, and no

6-34  convicted person who is required to register pursuant to this

6-35  section may be punished for the failure to carry a registration

6-36  card.

6-37      6.  When so ordered in the individual case by the district court

6-38  in which the conviction was obtained, by the State Board of Parole

6-39  Commissioners or by the State Board of Pardons Commissioners,

6-40  whichever is appropriate, the provisions of this section do not apply

6-41  to a convicted person who has had his civil rights restored.

6-42      Sec. 6.  NRS 179C.170 is hereby amended to read as follows:

6-43      179C.170  1.  The statements and fingerprints provided for in

6-44  this chapter must at all times be kept by the sheriff or chief of police

6-45  in a file separate and apart from other files and records maintained

7-1  and kept by the sheriff or chief of police, and must not be open to

7-2  inspection by the public, or by any person other than a regular law

7-3  enforcement officer.

7-4  2.  [Copies of those] Upon the written request of a person

7-5  listed in this subsection, copies of the statements and fingerprints

7-6  may be transmitted to:

7-7  (a) The sheriff of any county in this state;

7-8  (b) The head of any organized police department of any

7-9  municipality in this state;

7-10      (c) The head of any department of the State of Nevada engaged

7-11  in the enforcement of any criminal law of this state;

7-12      (d) [The Nevada Gaming Commission and State Gaming

7-13  Control Board or any successor thereto;

7-14      (e)] The head of any federal law enforcement agency;

7-15      [(f)] (e) Any sheriff or chief of police of a municipality; or

7-16      [(g)] (f) The head of any other law enforcement agency in any

7-17  state or territory outside of this state, if [a request is made in writing

7-18  by such] :

7-19          (1) The sheriff or other head of a law enforcement agency

7-20  [asking for] requests the record of a certain person named [therein,

7-21  or for] in the record or requests the record of a person whose

7-22  fingerprints reasonably correspond with fingerprints submitted with

7-23  the request[, and stating] ; and

7-24          (2) The request states that the record is deemed necessary

7-25  for the use of that law enforcement officer or agency in or

7-26  concerning the investigation of any crime, or any person who is

7-27  accused of committing a crime, or any crime which is reported to

7-28  have been committed, and [further stating] that the record will be

7-29  used only for that purpose.

7-30      3.  If the sheriff or chief of police receives a written request

7-31  and transmits copies of the statements or fingerprints pursuant to

7-32  subsection 2, the sheriff or chief of police shall notify the

7-33  convicted person whose information has been requested by

7-34  mailing to the convicted person a copy of the request not later than

7-35  10 days after the date the sheriff or chief of police received the

7-36  written request.

7-37      4.  A sheriff or chief of police shall, upon the written request of

7-38  a county clerk or registrar of voters, furnish him with a list

7-39  containing the name and current address of the residence of each

7-40  person required to register pursuant to this chapter.

7-41      Sec. 7.  NRS 119A.230 is hereby amended to read as follows:

7-42      119A.230  1.  The Administrator may impose a fine or

7-43  suspend, revoke, reissue, subject to conditions, or deny the renewal

7-44  of any sales agent’s license issued under the provisions of this

7-45  chapter at any time if the sales agent has, by false or fraudulent

8-1  application or representation, obtained a license or, whether or not

8-2  acting as a sales agent, is found guilty of:

8-3  (a) Making any material misrepresentation;

8-4  (b) Making any false promises of a character likely to influence,

8-5  persuade or induce;

8-6  (c) Engaging in any fraudulent, misleading or oppressive sales

8-7  techniques or tactics;

8-8  (d) Accepting a commission or valuable consideration as a sales

8-9  agent for the performance of any of the acts specified in this chapter

8-10  from any person except a licensed project broker with whom the

8-11  sales agent is associated or the developer by whom he is employed;

8-12      (e) Failing, within a reasonable time, to account for or remit or

8-13  turn over to the project broker any money which comes into his

8-14  possession and which belongs to others;

8-15      (f) Violating any of the provisions of this chapter or chapter

8-16  119B of NRS or of any regulation adopted pursuant to either

8-17  chapter, or willfully aiding or abetting another to do so; or

8-18      (g) A felony relating to the practice of a sales agent or other

8-19  crime of moral turpitude or has entered a plea of nolo contendere to

8-20  a felony relating to the practice of a sales agent or other crime of

8-21  moral turpitude.

8-22      2.  The Administrator may investigate the actions of any sales

8-23  agent or any person who acts in such a capacity within the State of

8-24  Nevada.

8-25      Sec. 8.  NRS 138.020 is hereby amended to read as follows:

8-26      138.020  1.  No person is qualified to serve as an executor

8-27  who, at the time the will is probated:

8-28      (a) Is under the age of majority;

8-29      (b) Has been convicted of a felony[;] relating to the position of

8-30  an executor;

8-31      (c) Upon proof, is adjudged by the court disqualified to execute

8-32  the duties of executor by reason of drunkenness, improvidence or

8-33  lack of integrity or understanding; or

8-34      (d) Is a bank not authorized to do business in the State of

8-35  Nevada, unless it associates as coexecutor a bank authorized to do

8-36  business in this state. An out-of-state bank is qualified to appoint a

8-37  substitute executor, pursuant to NRS 138.045, without forming such

8-38  an association, but any natural person so appointed must be a

8-39  resident of this state.

8-40      2.  If a disqualified person is named as the sole executor in a

8-41  will, or if all persons so named are disqualified or renounce their

8-42  right to act, or fail to appear and qualify, letters of administration

8-43  with the will annexed must issue.

8-44      Sec. 9.  NRS 139.010 is hereby amended to read as follows:

8-45      139.010  No person is entitled to letters of administration who:

9-1  1.  Is under the age of majority;

9-2  2.  Has been convicted of a felony[;] relating to the position of

9-3  an administrator;

9-4  3.  Upon proof, is adjudged by the court disqualified by reason

9-5  of conflict of interest, drunkenness, improvidence, or lack of

9-6  integrity or understanding; or

9-7  4.  Is not a resident of the State of Nevada and who does not

9-8  associate as coadministrator a resident of the State of Nevada or

9-9  which, in the case of a banking corporation, is not authorized to do

9-10  business in this state and does not associate as coadministrator a

9-11  resident of the State of Nevada or a banking corporation authorized

9-12  to do business in this state.

9-13      Sec. 10.  NRS 159.059 is hereby amended to read as follows:

9-14      159.059  Any qualified person or entity that the court finds

9-15  suitable may serve as a guardian. A person is not qualified to serve

9-16  as a guardian who:

9-17      1.  Is an incompetent.

9-18      2.  Is a minor.

9-19      3.  Has been convicted of a felony[.] relating to the position of

9-20  a guardian.

9-21      4.  Has been suspended for misconduct or disbarred from the

9-22  practice of law during the period of the suspension or disbarment.

9-23      5.  Is a nonresident of this state and has not:

9-24      (a) Associated as a coguardian, a resident of this state or a

9-25  banking corporation whose principal place of business is in this

9-26  state; and

9-27      (b) Caused the appointment to be filed in the guardianship

9-28  proceeding.

9-29      6.  Has been judicially determined, by clear and convincing

9-30  evidence, to have committed abuse, neglect or exploitation of a

9-31  child, spouse, parent or other adult.

9-32      Sec. 11.  NRS 197.230 is hereby amended to read as follows:

9-33      197.230  The conviction of a public officer of any felony

9-34  relating to the qualifications, functions or duties of the public

9-35  office or malfeasance in office shall entail, in addition to such other

9-36  penalty as may be imposed, the forfeiture of his office, and shall

9-37  disqualify him from ever afterward holding any public office in this

9-38  state.

9-39      Sec. 12.  NRS 202.760 is hereby amended to read as follows:

9-40      202.760  It is unlawful for any person:

9-41      1.  Who is under indictment for, or has been convicted in any

9-42  court of, a crime relating to the practice of shipping or

9-43  transporting explosives that is punishable by imprisonment for a

9-44  term exceeding 1 year;

9-45      2.  Who is a fugitive from justice;

10-1      3.  Who is an unlawful user of or addicted to any depressant or

10-2  stimulant drug or any controlled substance; or

10-3      4.  Who has been judicially declared mentally ill or who has

10-4  been committed to a hospital as mentally ill,

10-5  to ship or transport any explosive within the State or to receive any

10-6  explosive which has been shipped or transported within the State.

10-7      Sec. 13.  NRS 213.090 is hereby amended to read as follows:

10-8      213.090  1.  [When] If a pardon is granted for any offense

10-9  committed, the court shall include in the instrument or certificate

10-10  of pardon [may or may not includerestoration of] :

10-11     (a) An order restoring the civil rights[. If the pardon includes

10-12  restoration of civil rights , it must be so stated in the instrument or

10-13  certificate of pardon and, when granted upon conditions, limitations

10-14  or restrictions, they must be fully set forth in the instrument.

10-15     2.  In any case where a convicted person has received a pardon

10-16  without immediate restoration of his civil rights, he may apply to the

10-17  State Board of Pardons Commissioners for restoration of his civil

10-18  rights and release from penalties and disabilities resulting from the

10-19  offense or crime of which he was convicted.

10-20     3.  Upon receiving an application pursuant to subsection 2, the

10-21  Board shall determine whether the applicant has received a pardon.

10-22  If the Board determines that the applicant has received a pardon, the

10-23  Board shall, as soon as reasonably practicable, restore him to his

10-24  civil rights and release him from all penalties and disabilities

10-25  resulting from the offense or crime of which he was convicted.

10-26     4.  An applicant] of the person and releasing the person from

10-27  all penalties and disabilities which resulted from the offense or

10-28  crime of which the person was convicted; and

10-29     (b) Any conditions, limitations or restrictions imposed by the

10-30  court on the restoration of the civil rights of the person.

10-31     2.  The court shall, as soon as reasonably practicable after

10-32  entry of the court order:

10-33     (a) Provide written notice to the registrar of voters for the

10-34  county in which the person resides that the right to vote of the

10-35  person has been restored; and

10-36     (b) Provide written notice to the person that his civil rights

10-37  have been restored. The person may present the written notice to

10-38  the registrar of voters for the county in which the person resides as

10-39  proof that his right to vote has been restored.

10-40     3.  If a person is pardoned in another state, the person may

10-41  apply to the district court for restoration of his civil rights. The

10-42  court shall recognize the order granting the pardon in the other

10-43  state for the purpose of restoring the right to vote of the person in

10-44  this state and the provisions of this section must apply.

11-1      4.  A person must not be required to pay a fee to have his civil

11-2  rights restored or to be released from penalties and disabilities

11-3  pursuant to this section.

11-4      Sec. 14.  NRS 213.155 is hereby amended to read as follows:

11-5      213.155  1.  [The Board may restore a paroled prisoner to his

11-6  civil rights, conditioned upon the prisoner receiving] If the Division

11-7  issues an honorable discharge from parole pursuant to NRS 213.154

11-8  [. Such restoration must take effect at the expiration of the parole of

11-9  the prisoner.

11-10     2.  In any case where a convicted person has completed his

11-11  parole without immediate restoration of his civil rights and has been

11-12  issued an honorable discharge from parole pursuant to NRS

11-13  213.154, he may apply to the Division to request a restoration of his

11-14  civil rights and release from penalties and disabilities which resulted

11-15  from the offense or crime of which he was convicted.

11-16     3.  Upon receiving an application pursuant to subsection 2, the

11-17  Division shall determine whether the applicant has received an

11-18  honorable discharge from parole. If the Division determines that the

11-19  applicant has received an honorable discharge, the Division shall

11-20  forward the application to the Board.

11-21     4.  Upon receiving an application pursuant to subsection 3, the

11-22  Board shall, as soon as reasonably practicable, restore the applicant

11-23  to his civil rights and release him from all penalties and disabilities

11-24  resulting from the offense or crime of which he was convicted.

11-25     5.  An applicant] to a parolee:

11-26     (a) The Division shall notify the Board who shall restore the

11-27  civil rights of the person and release the person from all penalties

11-28  and disabilities which resulted from the offense or crime of which

11-29  the person was convicted; and

11-30     (b) The Division shall, as soon as reasonably practicable

11-31  thereafter:

11-32         (1) Provide written notice to the registrar of voters for the

11-33  county in which the person resides that the right to vote of the

11-34  person has been restored; and

11-35         (2) Provide written notice to the person that his civil rights

11-36  have been restored. The person may present the written notice to

11-37  the registrar of voters for the county in which the person resides as

11-38  proof that his right to vote has been restored.

11-39     2.  If a person is honorably discharged from parole in another

11-40  state, the person may apply to the Board for restoration of his civil

11-41  rights. The Board shall recognize an order granting the honorable

11-42  discharge for the purpose of restoring the right to vote of the

11-43  person in this state and the provisions of this section must apply.

12-1      3.  A person must not be required to pay a fee to have his civil

12-2  rights restored or to be released from penalties and disabilities

12-3  pursuant to this section.

12-4      [6.] 4. The Board may adopt regulations necessary or

12-5  convenient for the purposes of this section.

12-6      Sec. 15.  NRS 213.157 is hereby amended to read as follows:

12-7      213.157  1.  In any case where a person convicted of a felony

12-8  in the State of Nevada has served his sentence and been released

12-9  from prison[, he may apply to the Division requesting restoration

12-10  of] and is not subject to a period of parole or probation:

12-11     (a) The Division shall notify the district court and the court

12-12  shall enter an order restoring [his] the civil rights of the person

12-13  and [release] releasing the person from all penalties and disabilities

12-14  which resulted from the offense or crime of which he was convicted

12-15  [.

12-16     2.  Upon receiving an application pursuant to subsection 1, the

12-17  Division shall determine whether the applicant has served his

12-18  sentence and been released from prison. If the Division determines

12-19  that the applicant has served his sentence and been released from

12-20  prison, the Division shall forward the application to the district court

12-21  in which the conviction was obtained.

12-22     3.  Upon receiving an application pursuant to subsection 2, the

12-23  court shall, as soon as reasonably practicable, restore the civil rights

12-24  of the applicant and release him from all penalties and disabilities

12-25  which resulted from the offense or crime of which he was convicted.

12-26     4.  An applicant] ; and

12-27     (b) The Division shall, as soon as reasonably practicable after

12-28  entry of the court order:

12-29         (1) Provide written notice to the registrar of voters for the

12-30  county in which the person resides that the right to vote of the

12-31  person has been restored; and

12-32         (2) Provide written notice to the person that his civil rights

12-33  have been restored. The person may present the written notice to

12-34  the registrar of voters for the county in which the person resides as

12-35  proof that his right to vote has been restored.

12-36     2.  If a person is convicted of a felony, has served his sentence

12-37  and has been released from prison in another state and is not

12-38  subject to a period of parole or probation, the person may apply to

12-39  the district court for the restoration of his civil rights. The court

12-40  shall recognize the order granting the release for the purpose of

12-41  restoring the right to vote of the person in this state and the

12-42  provisions of this section must apply.

12-43     3.  A person must not be required to pay a fee to have his civil

12-44  rights restored or to be released from penalties and disabilities

12-45  pursuant to this section.

13-1      Sec. 16.  NRS 386.549 is hereby amended to read as follows:

13-2      386.549  1.  The governing body of a charter school must

13-3  consist of at least three teachers, as defined in subsection 4, and may

13-4  consist of, without limitation, parents and representatives of

13-5  nonprofit organizations and businesses. A majority of the members

13-6  of the governing body must reside in this state. If the membership of

13-7  the governing body changes, the governing body shall provide

13-8  written notice to the sponsor of the charter school within 10 working

13-9  days after such change. A person may serve on the governing body

13-10  only if he submits an affidavit to the Department indicating that the

13-11  person has not been convicted of a felony relating to serving on the

13-12  governing body of a charter school or any offense involving moral

13-13  turpitude.

13-14     2.  The governing body of a charter school is a public body. It is

13-15  hereby given such reasonable and necessary powers, not conflicting

13-16  with the Constitution and the laws of the State of Nevada, as may be

13-17  requisite to attain the ends for which the charter school is

13-18  established and to promote the welfare of pupils who are enrolled in

13-19  the charter school.

13-20     3.  The governing body of a charter school shall, during each

13-21  calendar quarter, hold at least one regularly scheduled public

13-22  meeting in the county in which the charter school is located.

13-23     4.  As used in subsection 1, “teacher” means a person who:

13-24     (a) Holds a current license to teach issued pursuant to chapter

13-25  391 of NRS; and

13-26     (b) Has at least 2 years of experience as an employed

13-27  teacher.

13-28  The term does not include a person who is employed as a substitute

13-29  teacher.

13-30     Sec. 17.  NRS 391.312 is hereby amended to read as follows:

13-31     391.312  1.  A teacher may be suspended, dismissed or not

13-32  reemployed and an administrator may be demoted, suspended,

13-33  dismissed or not reemployed for the following reasons:

13-34     (a) Inefficiency;

13-35     (b) Immorality;

13-36     (c) Unprofessional conduct;

13-37     (d) Insubordination;

13-38     (e) Neglect of duty;

13-39     (f) Physical or mental incapacity;

13-40     (g) A justifiable decrease in the number of positions due to

13-41  decreased enrollment or district reorganization;

13-42     (h) Conviction of a felony relating to the position of the teacher

13-43  or administrator or of a crime involving moral turpitude;

13-44     (i) Inadequate performance;

13-45     (j) Evident unfitness for service;

14-1      (k) Failure to comply with such reasonable requirements as a

14-2  board may prescribe;

14-3      (l) Failure to show normal improvement and evidence of

14-4  professional training and growth;

14-5      (m) Advocating overthrow of the Government of the United

14-6  States or of the State of Nevada by force, violence or other unlawful

14-7  means, or the advocating or teaching of communism with the intent

14-8  to indoctrinate pupils to subscribe to communistic philosophy;

14-9      (n) Any cause which constitutes grounds for the revocation of a

14-10  teacher’s license;

14-11     (o) Willful neglect or failure to observe and carry out the

14-12  requirements of this title;

14-13     (p) Dishonesty;

14-14     (q) Breaches in the security or confidentiality of the questions

14-15  and answers of the achievement and proficiency examinations that

14-16  are administered pursuant to NRS 389.015;

14-17     (r) Intentional failure to observe and carry out the requirements

14-18  of a plan to ensure the security of examinations adopted pursuant to

14-19  NRS 389.616 or 389.620; or

14-20     (s) An intentional violation of NRS 388.5265 or 388.527.

14-21     2.  In determining whether the professional performance of a

14-22  licensed employee is inadequate, consideration must be given to the

14-23  regular and special evaluation reports prepared in accordance with

14-24  the policy of the employing school district and to any written

14-25  standards of performance which may have been adopted by the

14-26  board.

14-27     Sec. 18.  NRS 391.314 is hereby amended to read as follows:

14-28     391.314  1.  If a superintendent has reason to believe that

14-29  cause exists for the dismissal of a licensed employee and he is of the

14-30  opinion that the immediate suspension of the employee is necessary

14-31  in the best interests of the pupils in the district, the superintendent

14-32  may suspend the employee without notice and without a hearing.

14-33  Notwithstanding the provisions of NRS 391.312, a superintendent

14-34  may suspend a licensed employee who has been officially charged

14-35  but not yet convicted of a felony relating to the position of the

14-36  licensed employee or a crime involving moral turpitude or

14-37  immorality. If the charge is dismissed or if the employee is found

14-38  not guilty, he must be reinstated with back pay, plus interest, and

14-39  normal seniority. The superintendent shall notify the employee in

14-40  writing of the suspension.

14-41     2.  Within 5 days after a suspension becomes effective, the

14-42  superintendent shall begin proceedings pursuant to the provisions of

14-43  NRS 391.312 to 391.3196, inclusive, to effect the employee’s

14-44  dismissal. The employee is entitled to continue to receive his salary

14-45  and other benefits after the suspension becomes effective until the

15-1  date on which the dismissal proceedings are commenced. The

15-2  superintendent may recommend that an employee who has been

15-3  charged with a felony or a crime involving immorality be dismissed

15-4  for another ground set forth in NRS 391.312.

15-5      3.  If sufficient grounds for dismissal do not exist, the employee

15-6  must be reinstated with full compensation, plus interest.

15-7      4.  A licensed employee who furnishes to the school district a

15-8  bond or other security which is acceptable to the board as a

15-9  guarantee that he will repay any amounts paid to him pursuant to

15-10  this subsection as salary during a period of suspension is entitled to

15-11  continue to receive his salary from the date on which the dismissal

15-12  proceedings are commenced until the decision of the board or the

15-13  report of the hearing officer, if the report is final and binding. The

15-14  board shall not unreasonably refuse to accept security other than a

15-15  bond. An employee who receives salary pursuant to this subsection

15-16  shall repay it if he is dismissed or not reemployed as a result of a

15-17  decision of the board or a report of a hearing officer.

15-18     5.  A licensed employee who is convicted of a crime which

15-19  requires registration pursuant to NRS 179D.200 to 179D.290,

15-20  inclusive, or 179D.350 to 179D.550, inclusive, or is convicted of an

15-21  act forbidden by NRS 200.508, 201.190 or 201.265 forfeits all rights

15-22  of employment from the date of his arrest.

15-23     6.  A licensed employee who is convicted of [any crime] a

15-24  felony relating to the position of the licensed employee and who is

15-25  sentenced to and serves any sentence of imprisonment forfeits all

15-26  rights of employment from the date of his arrest or the date on

15-27  which his employment terminated, whichever is later.

15-28     7.  A licensed employee who is charged with a felony relating

15-29  to the position of a licensed employee or a crime involving

15-30  immorality or moral turpitude and who waives his right to a speedy

15-31  trial while suspended may receive no more than 12 months of back

15-32  pay and seniority upon reinstatement if he is found not guilty or the

15-33  charges are dismissed, unless proceedings have been begun to

15-34  dismiss the employee upon one of the other grounds set forth in

15-35  NRS 391.312.

15-36     8.  A superintendent may discipline a licensed employee by

15-37  suspending the employee with loss of pay at any time after a hearing

15-38  has been held which affords the due process provided for in this

15-39  chapter. The grounds for suspension are the same as the grounds

15-40  contained in NRS 391.312. An employee may be suspended more

15-41  than once during the employee’s contract year, but the total number

15-42  of days of suspension may not exceed 20 in 1 contract year. Unless

15-43  circumstances require otherwise, the suspensions must be

15-44  progressively longer.

 

16-1      Sec. 19.  NRS 391.330 is hereby amended to read as follows:

16-2      391.330  The State Board may suspend or revoke the license of

16-3  any teacher, administrator or other licensed employee, after notice

16-4  and an opportunity for hearing have been provided pursuant to NRS

16-5  391.322 and 391.323, for:

16-6      1.  Immoral or unprofessional conduct.

16-7      2.  Evident unfitness for service.

16-8      3.  Physical or mental incapacity which renders the teacher,

16-9  administrator or other licensed employee unfit for service.

16-10     4.  Conviction of a felony relating to the position of the

16-11  teacher, administrator or other licensed employee or any crime

16-12  involving moral turpitude.

16-13     5.  Conviction of a sex offense under NRS 200.366, 200.368,

16-14  201.190, 201.220, 201.230 or 207.260 in which a pupil enrolled in a

16-15  school of a county school district was the victim.

16-16     6.  Knowingly advocating the overthrow of the Federal

16-17  Government or of the State of Nevada by force, violence or

16-18  unlawful means.

16-19     7.  Persistent defiance of or refusal to obey the regulations of

16-20  the State Board, the Commission or the Superintendent of Public

16-21  Instruction, defining and governing the duties of teachers,

16-22  administrators and other licensed employees.

16-23     8.  Breaches in the security or confidentiality of the questions

16-24  and answers of the achievement and proficiency examinations that

16-25  are administered pursuant to NRS 389.015.

16-26     9.  Intentional failure to observe and carry out the requirements

16-27  of a plan to ensure the security of examinations adopted pursuant to

16-28  NRS 389.616 or 389.620.

16-29     10.  An intentional violation of NRS 388.5265 or 388.527.

16-30     Sec. 20. NRS 398.460 is hereby amended to read as follows:

16-31  398.460  1.  Except as otherwise provided in subsection 2, the

16-32  Secretary of State shall issue a certificate of registration to a natural

16-33  person who complies with NRS 398.452 or whose application has

16-34  been accepted under NRS 398.456.

16-35     2.  The Secretary of State may refuse to issue a certificate of

16-36  registration if he determines that the applicant has engaged in

16-37  conduct that has a significant adverse effect on his fitness to act as

16-38  an athlete’s agent. In making this determination, the Secretary of

16-39  State may consider whether the applicant has:

16-40     (a) Been convicted of a crime that, if committed in this state,

16-41  would be a crime involving moral turpitude or a felony[;] relating

16-42  to his fitness to act as an athlete’s agent;

16-43     (b) Made a materially false, misleading, deceptive or fraudulent

16-44  representation in his application or as an athlete’s agent;

17-1      (c) Engaged in conduct that would disqualify him from serving

17-2  in a fiduciary capacity;

17-3      (d) Engaged in conduct prohibited by NRS 398.496;

17-4      (e) Had registration or licensure as an athlete’s agent suspended,

17-5  revoked or denied, or been refused renewal of registration or

17-6  licensure as an athlete’s agent, in any state;

17-7      (f) Engaged in conduct whose consequence was that a sanction,

17-8  suspension or declaration of ineligibility to participate in an

17-9  interscholastic or intercollegiate athletic event was imposed on a

17-10  student athlete or an institution; or

17-11     (g) Engaged in conduct that significantly adversely reflects on

17-12  his credibility, honesty or integrity.

17-13     3.  In making a determination pursuant to subsection 2, the

17-14  Secretary of State shall consider:

17-15     (a) How recently the conduct occurred;

17-16     (b) The nature of the conduct and the context in which it

17-17  occurred; and

17-18     (c) Any other relevant conduct of the applicant.

17-19     Sec. 21.  NRS 463.335 is hereby amended to read as follows:

17-20     463.335  1.  The Legislature finds that, to protect and promote

17-21  the health, safety, morals, good order and general welfare of the

17-22  inhabitants of the State of Nevada and to carry out the policy

17-23  declared in NRS 463.0129, it is necessary that the Board:

17-24     (a) Ascertain and keep itself informed of the identity, prior

17-25  activities and present location of all gaming employees and

17-26  independent agents in the State of Nevada; and

17-27     (b) Maintain confidential records of such information.

17-28     2.  Except as otherwise provided in subsection 3, a person may

17-29  not be employed as a gaming employee or serve as an independent

17-30  agent unless he is the holder of a valid work permit to work as a

17-31  gaming employee issued pursuant to this section. A work permit to

17-32  work as a gaming employee may be issued by the Board or by a

17-33  county or city licensing authority. An applicant for a work permit

17-34  shall file his application for a work permit with the licensing

17-35  authority of the city in which he resides if that city requires a work

17-36  permit. If the city in which he resides does not require such a permit,

17-37  the applicant shall file his application with the licensing authority of

17-38  the county in which he resides if that county requires a work permit.

17-39  If the county in which he resides does not require such a permit, the

17-40  applicant shall file his application with the Board. The Board shall,

17-41  by regulation, prescribe the form for an application for a work

17-42  permit to work as a gaming employee. The fee for such a permit

17-43  may be charged only to cover the actual investigative and

17-44  administrative costs related to processing an application for such a

17-45  permit and must not exceed $75.

18-1      3.  An independent agent is not required to hold a work permit

18-2  if he is not a resident of this state and has registered with the Board

18-3  in accordance with the provisions of the regulations adopted by the

18-4  Commission.

18-5      4.  Upon receipt of an application for a work permit to work as

18-6  a gaming employee, the Board or licensing authority shall conduct

18-7  an investigation of the applicant to determine whether he is eligible

18-8  for the permit. In conducting the investigation, the Board or

18-9  licensing authority shall forward a complete set of the applicant’s

18-10  fingerprints to the Central Repository for Nevada Records of

18-11  Criminal History for submission to the Federal Bureau of

18-12  Investigation for a report concerning the criminal history of the

18-13  applicant. The investigation need not be limited solely to

18-14  consideration of the results of the report concerning the criminal

18-15  history of the applicant.

18-16     5.  A work permit issued to a gaming employee or an

18-17  independent agent must have clearly imprinted thereon a statement

18-18  that it is valid for gaming purposes only.

18-19     6.  Unless denied or objected to by the Board at the time that

18-20  the permittee filed a notice of a change in his place of employment

18-21  pursuant to subsection 8 and unless suspended or revoked, such a

18-22  permit expires on the fifth anniversary of the permittee’s birthday,

18-23  measured from the birthday nearest the date of issuance or renewal.

18-24  If the date of birth of a permittee is on February 29 in a leap year,

18-25  for the purposes of this section, his date of birth shall be deemed to

18-26  be on February 28.

18-27     7.  Whenever any person applies to a county or city licensing

18-28  authority for the issuance or renewal of a work permit, the county or

18-29  city officer or employee to whom the application is made shall

18-30  within 24 hours mail or deliver a copy thereof to the Board, and may

18-31  at the discretion of the county or city licensing authority issue a

18-32  temporary work permit that is valid for 120 days. If within 120 days

18-33  after receipt by the Board of the copy of the application, the Board

18-34  has not notified the county or city licensing authority of any

18-35  objection, the authority may issue, renew or deny a permanent work

18-36  permit to the applicant.

18-37     8.  A gaming employee who is issued a work permit is eligible

18-38  for employment in any licensed gaming establishment in this state

18-39  until the work permit is denied or objected to by the Board, expires

18-40  or is revoked. However, each such employee shall notify the Board

18-41  within 10 days following any change of his place of employment at

18-42  a gaming establishment. Such a notification shall be deemed an

18-43  application for a work permit that the Board may deny or object to

18-44  after conducting any investigations the Board deems appropriate.

19-1  The provisions of subsections 9 to 16, inclusive, apply to any such

19-2  objection of the Board. The Commission shall adopt regulations to:

19-3      (a) Facilitate uniform procedures for the issuance of work

19-4  permits by counties and cities;

19-5      (b) Establish uniform criteria for denial by a county or city

19-6  licensing authority of an application for a work permit; and

19-7      (c) Provide for the creation and maintenance of a system of

19-8  records that contain information regarding the current place of

19-9  employment of each person who possesses a valid work permit.

19-10     9.  If the Board, within the 120-day period, notifies:

19-11     (a) The county or city licensing authority; and

19-12     (b) The applicant,

19-13  that the Board objects to the granting of a work permit to the

19-14  applicant, the authority shall deny the work permit and shall

19-15  immediately revoke and repossess any temporary work permit

19-16  which it may have issued. The notice of objection by the Board

19-17  which is sent to the applicant must include a statement of the facts

19-18  upon which the Board relied in making its objection.

19-19     10.  Whenever an application for a work permit is made to the

19-20  Board and the Board denies such an application, it shall include in

19-21  its notice of the denial a statement of the facts upon which it relied

19-22  in denying the application.

19-23     11.  Any person whose application for a work permit has been

19-24  denied because of an objection by the Board or whose application

19-25  has been denied by the Board may, not later than 60 days after

19-26  receiving notice of the denial or objection, apply to the Board for a

19-27  hearing. A failure of a person whose application has been denied to

19-28  apply for a hearing within 60 days or his failure to appear at a

19-29  hearing of the Board conducted pursuant to this section shall be

19-30  deemed to be an admission that the denial or objection is well-

19-31  founded, and the failure precludes administrative or judicial review.

19-32  At the hearing, the Board shall take any testimony deemed

19-33  necessary. After the hearing, the Board shall review the testimony

19-34  taken and any other evidence, and shall within 45 days after the date

19-35  of the hearing mail to the applicant its decision sustaining or

19-36  reversing the denial of the work permit or the objection to the

19-37  issuance of a work permit.

19-38     12.  The Board may object to the issuance of a work permit or

19-39  may refuse to issue a work permit for any cause deemed reasonable

19-40  by the Board. The Board may object or refuse if the applicant has:

19-41     (a) Failed to disclose or misstated information or otherwise

19-42  attempted to mislead the Board with respect to any material fact

19-43  contained in the application for the issuance or renewal of a work

19-44  permit;

20-1      (b) Knowingly failed to comply with the provisions of this

20-2  chapter or chapter 463B, 464 or 465 of NRS or the regulations of

20-3  the Commission at a place of previous employment;

20-4      (c) Committed, attempted or conspired to commit any crime of

20-5  moral turpitude, embezzlement or larceny or any violation of any

20-6  law pertaining to gaming, or any crime which is inimical to the

20-7  declared policy of this state concerning gaming;

20-8      (d) [Committed, attempted or conspired to commit a crime

20-9  which is a felony or gross misdemeanor in this state or an offense in

20-10  another state or jurisdiction which would be a felony or gross

20-11  misdemeanor if committed in this state;

20-12     (e)] Been identified in the published reports of any federal or

20-13  state legislative or executive body as being a member or associate of

20-14  organized crime, or as being of notorious and unsavory reputation;

20-15     [(f)] (e) Been placed and remains in the constructive custody of

20-16  any federal, state or municipal law enforcement authority; or

20-17     [(g)] (f) Had a work permit revoked or committed any act

20-18  which is a ground for the revocation of a work permit or would have

20-19  been a ground for revoking his work permit if he had then held a

20-20  work permit.

20-21  If the Board issues or does not object to the issuance of a work

20-22  permit to an applicant, it may specially limit the period for which

20-23  the permit is valid, limit the job classifications for which the holder

20-24  of the permit may be employed and establish such individual

20-25  conditions for the issuance, renewal and effectiveness of the permit

20-26  as the Board deems appropriate, including required submission to

20-27  unscheduled tests for the presence of alcohol or controlled

20-28  substances.

20-29     13.  Any applicant aggrieved by the decision of the Board may,

20-30  within 15 days after the announcement of the decision, apply in

20-31  writing to the Commission for review of the decision. Review is

20-32  limited to the record of the proceedings before the Board. The

20-33  Commission may sustain, modify or reverse the Board’s decision.

20-34  The decision of the Commission is subject to judicial review

20-35  pursuant to NRS 463.315 to 463.318, inclusive.

20-36     14.  Except as otherwise provided in this subsection, all records

20-37  acquired or compiled by the Board or Commission relating to any

20-38  application made pursuant to this section and all lists of persons to

20-39  whom work permits have been issued or denied and all records of

20-40  the names or identity of persons engaged in the gaming industry in

20-41  this state are confidential and must not be disclosed except in the

20-42  proper administration of this chapter or to an authorized law

20-43  enforcement agency. Upon receipt of a request from the Welfare

20-44  Division of the Department of Human Resources pursuant to NRS

20-45  425.400 for information relating to a specific person who has

21-1  applied for or holds a work permit, the Board shall disclose to the

21-2  Division his social security number, residential address and current

21-3  employer as that information is listed in the files and records of the

21-4  Board. Any record of the Board or Commission which shows that

21-5  the applicant has been convicted of a crime in another state must

21-6  show whether the crime was a misdemeanor, gross misdemeanor[,]

21-7  or felony described in paragraph (c) of subsection 12, or other

21-8  class of crime as classified by the state in which the crime was

21-9  committed. In a disclosure of the conviction, reference to the

21-10  classification of the crime must be based on the classification in the

21-11  state where it was committed.

21-12     15.  The Chairman of the Board may designate a member of the

21-13  Board or the Board may appoint a hearing examiner and authorize

21-14  that person to perform on behalf of the Board any of the following

21-15  functions required of the Board by this section concerning work

21-16  permits:

21-17     (a) Conducting a hearing and taking testimony;

21-18     (b) Reviewing the testimony and evidence presented at the

21-19  hearing;

21-20     (c) Making a recommendation to the Board based upon the

21-21  testimony and evidence or rendering a decision on behalf of

21-22  the Board to sustain or reverse the denial of a work permit or the

21-23  objection to the issuance or renewal of a work permit; and

21-24     (d) Notifying the applicant of the decision.

21-25     16.  Notice by the Board as provided pursuant to this section is

21-26  sufficient if it is mailed to the applicant’s last known address as

21-27  indicated on the application for a work permit, or the record of the

21-28  hearing, as the case may be. The date of mailing may be proven by a

21-29  certificate signed by an officer or employee of the Board which

21-30  specifies the time the notice was mailed. The notice shall be deemed

21-31  to have been received by the applicant 5 days after it is deposited

21-32  with the United States Postal Service with the postage thereon

21-33  prepaid.

21-34     Sec. 22.  NRS 489.421 is hereby amended to read as follows:

21-35     489.421  The following grounds, among others, constitute

21-36  grounds for disciplinary action under NRS 489.381:

21-37     1.  Revocation or denial of a license issued pursuant to this

21-38  chapter or an equivalent license in any other state, territory or

21-39  country.

21-40     2.  Failure of the licensee to maintain any other license required

21-41  by any political subdivision of this state.

21-42     3.  Failure to respond to a notice served by the Division as

21-43  provided by law within the time specified in the notice.

21-44     4.  Failure to take the corrective action required in a notice of

21-45  violation issued pursuant to NRS 489.291.

22-1      5.  Failure or refusing to permit access by the Administrator to

22-2  documentary materials set forth in NRS 489.231.

22-3      6.  Disregarding or violating any order of the Administrator,

22-4  any agreement with the Division, or any provision of this chapter or

22-5  any regulation adopted under it.

22-6      7.  Conviction of a misdemeanor for violation of any of the

22-7  provisions of this chapter.

22-8      8.  Conviction of or entering a plea of guilty, guilty but

22-9  mentally ill or nolo contendere to [a] :

22-10     (a) A felony relating to the position for which the applicant

22-11  has applied or the licensee has been licensed pursuant to this

22-12  chapter; or [a]

22-13     (b) A crime of moral turpitude in this state or any other state,

22-14  territory or country.

22-15     9.  Any other conduct that constitutes deceitful, fraudulent or

22-16  dishonest dealing.

22-17     Sec. 23.  NRS 611.045 is hereby amended to read as follows:

22-18  611.045  1.  The Labor Commissioner may issue a license to an

22-19  applicant for the conduct of an employment agency:

22-20     (a) After making an investigation of the applicant and finding

22-21  that he is of good moral character and has not been convicted of a

22-22  felony relating to the conduct of an employment agency or any

22-23  offense involving moral turpitude;

22-24     (b) After making an investigation of the premises where the

22-25  proposed employment agency will be conducted and finding that the

22-26  premises are suitable for the purpose;

22-27     (c) Upon determining that the applicant is a resident of this

22-28  state; and

22-29     (d) Upon the applicant’s payment of the licensing fee prescribed

22-30  in NRS 611.060.

22-31     2.  The Labor Commissioner shall complete his investigation of

22-32  the applicant within 60 days after such applicant has submitted his

22-33  application.

22-34     3.  A license to conduct an employment agency is valid only as

22-35  to the person and place named in the license and is effective from

22-36  the date specified therein to and including the next following

22-37  December 31, unless sooner suspended or revoked.

22-38     4.  Annually at least 15 days prior to the expiration date of the

22-39  license, the licensee must apply for renewal in the manner

22-40  prescribed by regulation of the Labor Commissioner. Pending

22-41  administrative action on a renewal application, the license may be

22-42  continued in effect for a period not to exceed 60 days beyond the

22-43  expiration date of the license.

 

 

23-1      Sec. 24.  NRS 623A.065 is hereby amended to read as follows:

23-2  623A.065  For the purposes of this chapter, a person has good

23-3  moral character if he:

23-4      1.  [Has not been convicted of a class A felony;

23-5      2.] Has not been convicted of a felony , [other than a class A

23-6  felony or a] misdemeanor or gross misdemeanor that is directly

23-7  related to the practice of landscape architecture;

23-8      [3.] 2. Has not committed an act involving dishonesty, fraud,

23-9  misrepresentation, breach of a fiduciary duty, gross negligence or

23-10  incompetence while engaged in the practice of landscape

23-11  architecture;

23-12     [4.] 3. Is not incarcerated in a jail or prison at the time of

23-13  submitting an application for a certificate of registration or a

23-14  certificate to practice as a landscape architect intern;

23-15     [5.] 4. Has not committed fraud or misrepresentation in

23-16  connection with:

23-17     (a) The submission of an application for a certificate of

23-18  registration or certificate to practice as a landscape architect intern;

23-19  or

23-20     (b) The taking of one or more examinations pursuant to the

23-21  provisions of this chapter;

23-22     [6.] 5. Has not had his certificate of registration suspended or

23-23  revoked by the Board or in any other state or country;

23-24     [7.] 6. Has not, in lieu of receiving disciplinary action against

23-25  him, surrendered a certificate of registration or certificate to practice

23-26  as a landscape architect intern in this state or a certificate or license

23-27  to practice landscape architecture issued in another state or country;

23-28     [8.] 7. Has not engaged in the practice of landscape

23-29  architecture in this state or in any other state or country without a

23-30  license or certificate of registration or certificate to practice as a

23-31  landscape architect intern within the 2 years immediately preceding

23-32  the filing of an application for a certificate of registration or

23-33  certificate to practice as a landscape architect intern pursuant to the

23-34  provisions of this chapter; or

23-35     [9.] 8. Has not, within the 5 years immediately preceding the

23-36  filing of an application specified in subsection [8,] 7, engaged in

23-37  unprofessional conduct in violation of the regulations adopted by the

23-38  Board.

23-39     Sec. 25.  NRS 623A.280 is hereby amended to read as follows:

23-40     623A.280  1.  The following acts, among others, constitute

23-41  cause for disciplinary action if proof satisfactory to the Board is

23-42  presented that:

23-43     (a) A holder of a certificate of registration has signed or sealed

23-44  instruments of service which were not prepared by him or under his

23-45  direct supervision.

24-1      (b) A holder of a certificate of registration has permitted the use

24-2  of his signature or seal by another person to evade the provisions of

24-3  this chapter or any regulation adopted by the Board.

24-4      (c) A holder of a certificate of registration has not signed, sealed

24-5  or dated instruments of service prepared by him.

24-6      (d) A holder of a certificate of registration or certificate to

24-7  practice as a landscape architect intern impersonates a landscape

24-8  architect or landscape architect intern of the same or similar name.

24-9      (e) A holder of a certificate of registration or certificate to

24-10  practice as a landscape architect intern practices under an assumed,

24-11  fictitious or corporate name.

24-12     (f) A holder of a certificate of registration or certificate to

24-13  practice as a landscape architect intern practices landscape

24-14  architecture in violation of the provisions of this chapter or any

24-15  regulation adopted by the Board.

24-16     (g) A holder of a certificate of registration or certificate to

24-17  practice as a landscape architect intern has obtained his certificate of

24-18  registration or certificate to practice as a landscape architect intern

24-19  by fraud or misrepresentation.

24-20     (h) A holder of a certificate of registration or certificate to

24-21  practice as a landscape architect intern is guilty of fraud or deceit in

24-22  the practice of landscape architecture.

24-23     (i) A holder of a certificate of registration or certificate to

24-24  practice as a landscape architect intern is guilty of incompetency,

24-25  negligence or gross negligence.

24-26     (j) A holder of a certificate of registration or certificate to

24-27  practice as a landscape architect intern is convicted of, or enters a

24-28  plea of nolo contendere to[:

24-29         (1) Any felony; or

24-30         (2) Any] any crime, an essential element of which is

24-31  dishonesty, or which is directly related to the practice of landscape

24-32  architecture.

24-33     (k) A holder of a certificate of registration or certificate to

24-34  practice as a landscape architect intern is guilty of aiding or abetting

24-35  any person in the violation of the provisions of this chapter or any

24-36  regulation adopted by the Board.

24-37     (l) A person practices as a landscape architect with a certificate

24-38  of registration or certificate to practice as a landscape architect

24-39  intern that has expired or has been suspended or revoked.

24-40     (m) A holder of a certificate of registration or certificate to

24-41  practice as a landscape architect intern is disciplined by an agency

24-42  of another state or foreign country which regulates the practice of

24-43  landscape architecture and at least one of the grounds for the

24-44  disciplinary action taken is a ground for disciplinary action pursuant

24-45  to the provisions of this chapter.

25-1      (n) A holder of a certificate of registration or certificate to

25-2  practice as a landscape architect intern fails to comply with an order

25-3  issued by the Board or to cooperate in an investigation conducted by

25-4  the Board.

25-5      2.  As used in this section:

25-6      (a) “Gross negligence” means conduct that demonstrates a

25-7  reckless disregard of the consequences affecting the life or property

25-8  of another person.

25-9      (b) “Incompetency” means conduct that, in the practice of

25-10  landscape architecture, demonstrates a significant lack of ability,

25-11  knowledge or fitness to discharge a professional obligation.

25-12     (c) “Negligence” means a deviation from the normal standard of

25-13  professional care exercised generally by other members in the

25-14  practice of landscape architecture.

25-15     Sec. 26.  NRS 624.3016 is hereby amended to read as follows:

25-16     624.3016  The following acts or omissions, among others,

25-17  constitute cause for disciplinary action under NRS 624.300:

25-18     1.  Any fraudulent or deceitful act committed in the capacity of

25-19  a contractor.

25-20     2.  A conviction of a violation of NRS 624.730 , [or] a felony

25-21  relating to the practice of a contractor or a crime involving moral

25-22  turpitude.

25-23     3.  Knowingly making a false statement in or relating to the

25-24  recording of a notice of lien pursuant to the provisions of

25-25  NRS 108.226.

25-26     4.  Failure to give a notice required by NRS 108.245 or

25-27  108.246.

25-28     5.  Failure to comply with NRS 597.713, 597.716 or 597.719 or

25-29  any regulations of the Board governing contracts for the

25-30  construction of residential pools and spas.

25-31     6.  Failure to comply with NRS 624.600.

25-32     7.  Misrepresentation or the omission of a material fact, or the

25-33  commission of any other fraudulent or deceitful act, to obtain a

25-34  license.

25-35     8.  Failure to pay an assessment required pursuant to

25-36  NRS 624.470.

25-37     Sec. 27.  NRS 625.410 is hereby amended to read as follows:

25-38     625.410  The Board may take disciplinary action against a

25-39  licensee, an applicant for licensure, an intern or an applicant for

25-40  certification as an intern for:

25-41     1.  The practice of any fraud or deceit in obtaining or

25-42  attempting to obtain or renew a license or cheating on any

25-43  examination required by this chapter.

26-1      2.  Any gross negligence, incompetency or misconduct in the

26-2  practice of professional engineering as a professional engineer or in

26-3  the practice of land surveying as a professional land surveyor.

26-4      3.  Aiding or abetting any person in the violation of any

26-5  provision of this chapter or regulation adopted by the Board.

26-6      4.  Conviction of or entry of a plea of nolo contendere to[:

26-7      (a) Any felony; or

26-8      (b) Any] any crime, an essential element of which is dishonesty,

26-9  or which is directly related to the practice of engineering or land

26-10  surveying.

26-11     5.  A violation of any provision of this chapter or regulation

26-12  adopted by the Board.

26-13     6.  Discipline by another state or territory, the District of

26-14  Columbia, a foreign country, the Federal Government or any other

26-15  governmental agency, if at least one of the grounds for discipline is

26-16  the same or substantially equivalent to any ground contained in this

26-17  chapter.

26-18     7.  Practicing after the license of the professional engineer or

26-19  professional land surveyor has expired or has been suspended or

26-20  revoked.

26-21     8.  Failing to comply with an order issued by the Board.

26-22     9.  Failing to provide requested information within 30 days after

26-23  receipt of a request by the Board or its investigators concerning a

26-24  complaint made to the Board.

26-25     Sec. 28.  NRS 625A.160 is hereby amended to read as follows:

26-26     625A.160  The grounds for initiating disciplinary action under

26-27  this chapter are:

26-28     1.  Unprofessional conduct;

26-29     2.  Conviction of a felony relating to the practice of an

26-30  environmental health specialist or any offense involving moral

26-31  turpitude;

26-32     3.  The suspension or revocation of a certificate or license as an

26-33  environmental health specialist by any other jurisdiction; or

26-34     4.  Failure to meet the requirements for continuing education.

26-35     Sec. 29.  NRS 628.190 is hereby amended to read as follows:

26-36     628.190  1.  Except as otherwise provided in this section and

26-37  NRS 628.310, a certificate of certified public accountant must be

26-38  granted by the Board to any person who:

26-39     (a) Is a resident of this state or, if not a resident, has designated

26-40  to the Board an agent who is a resident for notification and service

26-41  of process;

26-42     (b) Is a person who is without any history of acts involving

26-43  dishonesty or moral turpitude;

26-44     (c) Complies with the requirements of education and experience

26-45  as provided in NRS 628.200;

27-1      (d) Has submitted to the Board a complete set of his fingerprints

27-2  and written permission authorizing the Board to forward the

27-3  fingerprints to the Central Repository for Nevada Records of

27-4  Criminal History for submission to the Federal Bureau of

27-5  Investigation for its report; and

27-6      (e) Has passed the examination prescribed by the Board.

27-7      2.  The Board may refuse to grant a certificate of certified

27-8  public accountant to an applicant if he has been convicted of a

27-9  felony relating to the practice of a certified public accountant

27-10  under the laws of any state or of the United States.

27-11     3.  The Board may issue a provisional certificate to an applicant

27-12  until the Board receives the report from the Federal Bureau of

27-13  Investigation.

27-14     Sec. 30.  NRS 628.390 is hereby amended to read as follows:

27-15     628.390  1.  After giving notice and conducting a hearing, the

27-16  Board may revoke, or may suspend for a period of not more than 5

27-17  years, any certificate issued under NRS 628.190 to 628.310,

27-18  inclusive, any registration or license granted to a registered public

27-19  accountant under NRS 628.350, or any registration of a partnership,

27-20  corporation, limited-liability company or office, or may revoke,

27-21  suspend or refuse to renew any permit issued under NRS 628.380,

27-22  or may censure the holder of any permit, for any one or any

27-23  combination of the following causes:

27-24     (a) Fraud or deceit in obtaining a certificate as a certified public

27-25  accountant, or in obtaining registration or a license as a public

27-26  accountant under this chapter, or in obtaining a permit to practice

27-27  public accounting under this chapter.

27-28     (b) Dishonesty, fraud or gross negligence by a certified or

27-29  registered public accountant in the practice of public accounting or,

27-30  if not in the practice of public accounting, of a kind which adversely

27-31  affects the ability to perform public accounting.

27-32     (c) Violation of any of the provisions of this chapter.

27-33     (d) Violation of a regulation or rule of professional conduct

27-34  adopted by the Board under the authority granted by this chapter.

27-35     (e) Conviction of a felony under the laws of any state or of the

27-36  United States[.] relating to the practice of public accounting.

27-37     (f) Conviction of any crime, an element of which is dishonesty

27-38  or fraud, under the laws of any state or of the United States.

27-39     (g) Cancellation, revocation, suspension or refusal to renew

27-40  authority to practice as a certified public accountant or a registered

27-41  public accountant by any other state, for any cause other than failure

27-42  to pay an annual registration fee or to comply with requirements for

27-43  continuing education or review of his practice in the other state.

27-44     (h) Suspension or revocation of the right to practice before any

27-45  state or federal agency.

28-1      (i) Unless the person has been placed on inactive or retired

28-2  status, failure to obtain an annual permit under NRS 628.380,

28-3  within:

28-4          (1) Sixty days after the expiration date of the permit to

28-5  practice last obtained or renewed by the holder of a certificate or

28-6  registrant; or

28-7          (2) Sixty days after the date upon which the holder of a

28-8  certificate or registrant was granted his certificate or registration, if

28-9  no permit was ever issued to him, unless the failure has been

28-10  excused by the Board.

28-11     (j) Conduct discreditable to the profession of public accounting

28-12  or which reflects adversely upon the fitness of the person to engage

28-13  in the practice of public accounting.

28-14     (k) Making a false or misleading statement in support of an

28-15  application for a certificate, registration or permit of another person.

28-16     2.  After giving notice and conducting a hearing, the Board may

28-17  deny an application to take the examination prescribed by the Board

28-18  pursuant to NRS 628.190, deny a person admission to such an

28-19  examination, invalidate a grade received for such an examination or

28-20  deny an application for a certificate issued pursuant to NRS 628.190

28-21  to 628.310, inclusive, to a person who has:

28-22     (a) Made any false or fraudulent statement, or any misleading

28-23  statement or omission relating to a material fact in an application:

28-24         (1) To take the examination prescribed by the Board pursuant

28-25  to NRS 628.190; or

28-26         (2) For a certificate issued pursuant to NRS 628.190 to

28-27  628.310, inclusive;

28-28     (b) Cheated on an examination prescribed by the Board pursuant

28-29  to NRS 628.190 or any such examination taken in another state or

28-30  jurisdiction of the United States;

28-31     (c) Aided, abetted or conspired with any person in a violation of

28-32  the provisions of paragraph (a) or (b); or

28-33     (d) Committed any combination of the acts set forth in

28-34  paragraphs (a), (b) and (c).

28-35     3.  In addition to other penalties prescribed by this section, the

28-36  Board may impose a civil penalty of not more than $5,000 for each

28-37  violation of this section. The Board may recover:

28-38     (a) Attorney’s fees and costs incurred with respect to a hearing

28-39  held pursuant to this section from a person who is found in violation

28-40  of any of the provisions of this section;

28-41     (b) Attorney’s fees and costs incurred in the recovery of a civil

28-42  penalty imposed pursuant to this section; and

28-43     (c) Any other costs incurred by the Board as a result of such a

28-44  violation.

 

29-1      Sec. 31.  NRS 630.301 is hereby amended to read as follows:

29-2      630.301  The following acts, among others, constitute grounds

29-3  for initiating disciplinary action or denying licensure:

29-4      1.  Conviction of [a felony,] any offense involving moral

29-5  turpitude or any offense relating to the practice of medicine or the

29-6  ability to practice medicine. A plea of nolo contendere is a

29-7  conviction for the purposes of this subsection.

29-8      2.  Conviction of violating any of the provisions of NRS

29-9  616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350

29-10  to 616D.440, inclusive.

29-11     3.  The revocation, suspension, modification or limitation of the

29-12  license to practice any type of medicine by any other jurisdiction or

29-13  the surrender of the license or discontinuing the practice of medicine

29-14  while under investigation by any licensing authority, a medical

29-15  facility, a branch of the Armed Services of the United States, an

29-16  insurance company, an agency of the Federal Government or an

29-17  employer.

29-18     4.  Malpractice, which may be evidenced by claims settled

29-19  against a practitioner.

29-20     5.  The engaging by a practitioner in any sexual activity with a

29-21  patient who is currently being treated by the practitioner.

29-22     6.  Disruptive behavior with physicians, hospital personnel,

29-23  patients, members of the families of patients or any other persons if

29-24  the behavior interferes with patient care or has an adverse impact on

29-25  the quality of care rendered to a patient.

29-26     7.  The engaging in conduct that violates the trust of a patient

29-27  and exploits the relationship between the physician and the patient

29-28  for financial or other personal gain.

29-29     8.  The failure to offer appropriate procedures or studies, to

29-30  protest inappropriate denials by organizations for managed care, to

29-31  provide necessary services or to refer a patient to an appropriate

29-32  provider, when such a failure occurs with the intent of positively

29-33  influencing the financial well-being of the practitioner or an insurer.

29-34     9.  The engaging in conduct that brings the medical profession

29-35  into disrepute, including, without limitation, conduct that violates

29-36  any provision of a national code of ethics adopted by the Board by

29-37  regulation.

29-38     10.  The engaging in sexual contact with the surrogate of a

29-39  patient or other key persons related to a patient, including, without

29-40  limitation, a spouse, parent or legal guardian, which exploits the

29-41  relationship between the physician and the patient in a sexual

29-42  manner.

 

 

 

30-1      Sec. 32.  NRS 630A.340 is hereby amended to read as follows:

30-2      630A.340  The following acts, among others, constitute

30-3  grounds for initiating disciplinary action or denying the issuance of

30-4  a license:

30-5      1.  Unprofessional conduct.

30-6      2.  Conviction of:

30-7      (a) A violation of any federal or state law regulating the

30-8  possession, distribution or use of any controlled substance or any

30-9  dangerous drug as defined in chapter 454 of NRS;

30-10     (b) [A felony;

30-11     (c)] A violation of any of the provisions of NRS 616D.200,

30-12  616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to

30-13  616D.440, inclusive;

30-14     [(d)] (c) Any offense involving moral turpitude; or

30-15     [(e)] (d) Any offense relating to the practice of homeopathic

30-16  medicine or the ability to practice homeopathic medicine.

30-17  A plea of nolo contendere to any offense listed in [paragraph (a),

30-18  (b), (c), (d) or (e)] this subsection shall be deemed a conviction.

30-19     3.  The suspension, modification or limitation of a license to

30-20  practice any type of medicine by any other jurisdiction.

30-21     4.  The surrender of a license to practice any type of medicine

30-22  or the discontinuance of the practice of medicine while under

30-23  investigation by any licensing authority, medical facility, facility for

30-24  the dependent, branch of the Armed Forces of the United States,

30-25  insurance company, agency of the Federal Government or employer.

30-26     5.  Gross or repeated malpractice, which may be evidenced by

30-27  claims of malpractice settled against a practitioner.

30-28     6.  Professional incompetence.

30-29     Sec. 33.  NRS 632.320 is hereby amended to read as follows:

30-30     632.320  The Board may deny, revoke or suspend any license

30-31  or certificate applied for or issued pursuant to this chapter, or take

30-32  other disciplinary action against a licensee or holder of a certificate,

30-33  upon determining that he:

30-34     1.  Is guilty of fraud or deceit in procuring or attempting to

30-35  procure a license or certificate pursuant to this chapter.

30-36     2.  Is guilty of [a felony or] any offense:

30-37     (a) Involving moral turpitude; or

30-38     (b) Related to the qualifications, functions or duties of a licensee

30-39  or holder of a certificate,

30-40  in which case the record of conviction is conclusive evidence

30-41  thereof.

30-42     3.  Has been convicted of violating any of the provisions of

30-43  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

30-44  inclusive.

31-1      4.  Is unfit or incompetent by reason of gross negligence or

31-2  recklessness in carrying out usual nursing functions.

31-3      5.  Uses any controlled substance, dangerous drug as defined in

31-4  chapter 454 of NRS, or intoxicating liquor to an extent or in a

31-5  manner which is dangerous or injurious to any other person or

31-6  which impairs his ability to conduct the practice authorized by his

31-7  license or certificate.

31-8      6.  Is mentally incompetent.

31-9      7.  Is guilty of unprofessional conduct, which includes, but is

31-10  not limited to, the following:

31-11     (a) Conviction of practicing medicine without a license in

31-12  violation of chapter 630 of NRS, in which case the record of

31-13  conviction is conclusive evidence thereof.

31-14     (b) Impersonating any applicant or acting as proxy for an

31-15  applicant in any examination required pursuant to this chapter for

31-16  the issuance of a license or certificate.

31-17     (c) Impersonating another licensed practitioner or holder of a

31-18  certificate.

31-19     (d) Permitting or allowing another person to use his license or

31-20  certificate to practice as a licensed practical nurse, registered nurse

31-21  or nursing assistant.

31-22     (e) Repeated malpractice, which may be evidenced by claims of

31-23  malpractice settled against him.

31-24     (f) Physical, verbal or psychological abuse of a patient.

31-25     (g) Conviction for the use or unlawful possession of a controlled

31-26  substance or dangerous drug as defined in chapter 454 of NRS.

31-27     8.  Has willfully or repeatedly violated the provisions of this

31-28  chapter. The voluntary surrender of a license or certificate issued

31-29  pursuant to this chapter is prima facie evidence that the licensee or

31-30  certificate holder has committed or expects to commit a violation of

31-31  this chapter.

31-32     9.  Is guilty of aiding or abetting any person in a violation of

31-33  this chapter.

31-34     10.  Has falsified an entry on a patient’s medical chart

31-35  concerning a controlled substance.

31-36     11.  Has falsified information which was given to a physician,

31-37  pharmacist, podiatric physician or dentist to obtain a controlled

31-38  substance.

31-39     12.  Has been disciplined in another state in connection with a

31-40  license to practice nursing or a certificate to practice as a nursing

31-41  assistant or has committed an act in another state which would

31-42  constitute a violation of this chapter.

31-43     13.  Has engaged in conduct likely to deceive, defraud or

31-44  endanger a patient or the general public.

32-1      14.  Has willfully failed to comply with a regulation, subpoena

32-2  or order of the Board.

32-3  For the purposes of this section, a plea or verdict of guilty or guilty

32-4  but mentally ill or a plea of nolo contendere constitutes a conviction

32-5  of an offense. The Board may take disciplinary action pending the

32-6  appeal of a conviction.

32-7      Sec. 34.  NRS 633.511 is hereby amended to read as follows:

32-8      633.511  The grounds for initiating disciplinary action pursuant

32-9  to this chapter are:

32-10     1.  Unprofessional conduct.

32-11     2.  Conviction of:

32-12     (a) A violation of any federal or state law regulating the

32-13  possession, distribution or use of any controlled substance or any

32-14  dangerous drug as defined in chapter 454 of NRS;

32-15     (b) A felony[;] relating to the practice of osteopathic

32-16  medicine;

32-17     (c) A violation of any of the provisions of NRS 616D.200,

32-18  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

32-19     (d) Any offense involving moral turpitude.

32-20     3.  The suspension of the license to practice osteopathic

32-21  medicine by any other jurisdiction.

32-22     4.  Gross or repeated malpractice, which may be evidenced by

32-23  claims of malpractice settled against a practitioner.

32-24     5.  Professional incompetence.

32-25     6.  Failure to comply with the requirements of NRS 633.526.

32-26     Sec. 35.  NRS 634.140 is hereby amended to read as follows:

32-27     634.140  The grounds for initiating disciplinary action pursuant

32-28  to this chapter are:

32-29     1.  Unprofessional conduct.

32-30     2.  Conviction of:

32-31     (a) A violation of any federal or state law regulating the

32-32  possession, distribution or use of any controlled substance or any

32-33  dangerous drug as defined in chapter 454 of NRS;

32-34     (b) A felony[;] relating to the practice of chiropractic;

32-35     (c) A violation of any of the provisions of NRS 616D.200,

32-36  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

32-37     (d) Any offense involving moral turpitude.

32-38     3.  Suspension or revocation of the license to practice

32-39  chiropractic by any other jurisdiction.

32-40     4.  Gross or repeated malpractice.

32-41     5.  Referring, in violation of NRS 439B.425, a patient to a

32-42  health facility, medical laboratory or commercial establishment in

32-43  which the licensee has a financial interest.

 

 

33-1      Sec. 36.  NRS 634A.170 is hereby amended to read as follows:

33-2      634A.170  The Board may refuse to issue or may suspend or

33-3  revoke any license for any one or any combination of the following

33-4  causes:

33-5      1.  Conviction of:

33-6      (a) A felony[;] relating to the practice of Oriental medicine;

33-7      (b) Any offense involving moral turpitude;

33-8      (c) A violation of any state or federal law regulating the

33-9  possession, distribution or use of any controlled substance, as shown

33-10  by a certified copy of the record of the court; or

33-11     (d) A violation of any of the provisions of NRS 616D.200,

33-12  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

33-13     2.  The obtaining of or any attempt to obtain a license or

33-14  practice in the profession for money or any other thing of value, by

33-15  fraudulent misrepresentations;

33-16     3.  Gross or repeated malpractice, which may be evidenced by

33-17  claims of malpractice settled against a practitioner;

33-18     4.  Advertising by means of a knowingly false or deceptive

33-19  statement;

33-20     5.  Advertising, practicing or attempting to practice under a

33-21  name other than one’s own;

33-22     6.  Habitual drunkenness or habitual addiction to the use of a

33-23  controlled substance;

33-24     7.  Using any false, fraudulent or forged statement or document,

33-25  or engaging in any fraudulent, deceitful, dishonest or immoral

33-26  practice in connection with the licensing requirements of this

33-27  chapter;

33-28     8.  Sustaining a physical or mental disability which renders

33-29  further practice dangerous;

33-30     9.  Engaging in any dishonorable, unethical or unprofessional

33-31  conduct which may deceive, defraud or harm the public, or which is

33-32  unbecoming a person licensed to practice under this chapter;

33-33     10.  Using any false or fraudulent statement in connection with

33-34  the practice of Oriental medicine or any branch thereof;

33-35     11.  Violating or attempting to violate, or assisting or abetting

33-36  the violation of, or conspiring to violate any provision of this

33-37  chapter;

33-38     12.  Being adjudicated incompetent or insane;

33-39     13.  Advertising in an unethical or unprofessional manner;

33-40     14.  Obtaining a fee or financial benefit for any person by the

33-41  use of fraudulent diagnosis, therapy or treatment;

33-42     15.  Willful disclosure of a privileged communication;

33-43     16.  Failure of a licensee to designate the nature of his practice

33-44  in the professional use of his name by the term doctor of Oriental

33-45  medicine;

34-1      17.  Willful violation of the law relating to the health, safety or

34-2  welfare of the public or of the regulations adopted by the State

34-3  Board of Health;

34-4      18.  Administering, dispensing or prescribing any controlled

34-5  substance, except for the prevention, alleviation or cure of disease or

34-6  for relief from suffering; and

34-7      19.  Performing, assisting or advising in the injection of any

34-8  liquid silicone substance into the human body.

34-9      Sec. 37.  NRS 636.295 is hereby amended to read as follows:

34-10     636.295  The following acts, conduct, omissions, or mental or

34-11  physical conditions, or any of them, committed, engaged in,

34-12  omitted, or being suffered by a licensee, constitute sufficient cause

34-13  for disciplinary action:

34-14     1.  Affliction of the licensee with any communicable disease

34-15  likely to be communicated to other persons.

34-16     2.  Commission by the licensee of a felony relating to the

34-17  practice of optometry or a gross misdemeanor involving moral

34-18  turpitude of which he has been convicted and from which he has

34-19  been sentenced by a final judgment of a federal or state court in this

34-20  or any other state, the judgment not having been reversed or vacated

34-21  by a competent appellate court and the offense not having been

34-22  pardoned by executive authority.

34-23     3.  Conviction of any of the provisions of NRS 616D.200,

34-24  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

34-25     4.  Commission of fraud by or on behalf of the licensee in

34-26  obtaining his license or a renewal thereof, or in practicing optometry

34-27  thereunder.

34-28     5.  Habitual drunkenness or addiction to any controlled

34-29  substance.

34-30     6.  Gross incompetency.

34-31     7.  Affliction with any mental or physical disorder or

34-32  disturbance seriously impairing his competency as an optometrist.

34-33     8.  Making false or misleading representations, by or on behalf

34-34  of the licensee, with respect to optometric materials or services.

34-35     9.  Practice by the licensee, or attempting or offering so to do,

34-36  while he is in an intoxicated condition.

34-37     10.  Perpetration of unethical or unprofessional conduct in the

34-38  practice of optometry.

34-39     11.  Any violation of the provisions of this chapter or any

34-40  regulations adopted pursuant thereto.

34-41     Sec. 38.  NRS 637A.250 is hereby amended to read as follows:

34-42     637A.250  The Board may take disciplinary action against a

34-43  licensee after a hearing which discloses that the licensee:

34-44     1.  Has been convicted of a felony[.] relating to the practice of

34-45  hearing aid specialists.

35-1      2.  Has been convicted of violating any of the provisions of

35-2  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

35-3  inclusive.

35-4      3.  Obtained the license by fraud or misrepresentation.

35-5      4.  Has made any false or fraudulent statements concerning

35-6  hearing aids or the business of hearing aid specialist.

35-7      5.  Has been guilty of negligence, incompetence or

35-8  unprofessional conduct in his practice as a hearing aid specialist. As

35-9  used in this subsection, “unprofessional conduct” includes, without

35-10  limitation:

35-11     (a) Conduct which is intended to deceive or which the Board by

35-12  specific regulation has determined is unethical;

35-13     (b) Conduct which is harmful to the public or any conduct

35-14  detrimental to the public health or safety;

35-15     (c) Conduct for which disciplinary action was taken by an

35-16  agency of another state which is authorized to regulate the practice

35-17  of hearing aid specialists; and

35-18     (d) Knowingly employing, directly or indirectly, any person

35-19  who is not licensed to fit or dispense hearing aids or whose license

35-20  to fit or dispense hearing aids has been suspended or revoked.

35-21     6.  Has loaned or transferred his license to another person.

35-22     7.  Willfully violated any law of this state or any provision of

35-23  this chapter regulating hearing aid specialists or the operation of an

35-24  office, store or other location for dispensing hearing aids.

35-25     Sec. 39.  NRS 637B.250 is hereby amended to read as follows:

35-26     637B.250  The grounds for initiating disciplinary action

35-27  pursuant to this chapter are:

35-28     1.  Unprofessional conduct.

35-29     2.  Conviction of:

35-30     (a) A violation of any federal or state law regarding the

35-31  possession, distribution or use of any controlled substance or any

35-32  dangerous drug as defined in chapter 454 of NRS;

35-33     (b) A felony[;] relating to the practice of audiology or speech

35-34  pathology;

35-35     (c) A violation of any of the provisions of NRS 616D.200,

35-36  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

35-37     (d) Any offense involving moral turpitude.

35-38     3.  Suspension or revocation of a license to practice audiology

35-39  or speech pathology by any other jurisdiction.

35-40     4.  Gross or repeated malpractice, which may be evidenced by

35-41  claims of malpractice settled against a practitioner.

35-42     5.  Professional incompetence.

35-43     Sec. 40.  NRS 638.140 is hereby amended to read as follows:

35-44     638.140  The following acts, among others, are grounds for

35-45  disciplinary action:

36-1      1.  Violation of a regulation adopted by the State Board of

36-2  Pharmacy or the Nevada State Board of Veterinary Medical

36-3  Examiners;

36-4      2.  Habitual drunkenness;

36-5      3.  Addiction to the use of a controlled substance;

36-6      4.  Conviction of or a plea of nolo contendere to a felony[,]

36-7  related to the practice of veterinary medicine, or any offense

36-8  involving moral turpitude;

36-9      5.  Incompetence;

36-10     6.  Negligence;

36-11     7.  Malpractice pertaining to veterinary medicine as evidenced

36-12  by an action for malpractice in which the holder of a license is found

36-13  liable for damages;

36-14     8.  Conviction of a violation of any law concerning the

36-15  possession, distribution or use of a controlled substance or a

36-16  dangerous drug as defined in chapter 454 of NRS;

36-17     9.  Willful failure to comply with any provision of this chapter,

36-18  a regulation, subpoena or order of the Board, the standard of care

36-19  established by the American Veterinary Medical Association, or an

36-20  order of a court;

36-21     10.  Prescribing, administering or dispensing a controlled

36-22  substance to an animal to influence the outcome of a competitive

36-23  event in which the animal is a competitor;

36-24     11.  Willful failure to comply with a request by the Board for

36-25  medical records within 14 days after receipt of a demand letter

36-26  issued by the Board;

36-27     12.  Willful failure to accept service by mail or in person from

36-28  the Board;

36-29     13.  Failure of a supervising veterinarian to provide immediate

36-30  or direct supervision to licensed or unlicensed personnel if the

36-31  failure results in malpractice or the death of an animal; and

36-32     14.  Failure of a supervising veterinarian to ensure that a

36-33  licensed veterinarian is on the premises of a facility or agency when

36-34  medical treatment is administered to an animal if the treatment

36-35  requires direct or immediate supervision by a licensed veterinarian.

36-36     Sec. 41.  NRS 639.210 is hereby amended to read as follows:

36-37     639.210  The Board may suspend or revoke any certificate,

36-38  license, registration or permit issued pursuant to this chapter, and

36-39  deny the application of any person for a certificate, license,

36-40  registration or permit, if the holder or applicant:

36-41     1.  Is not of good moral character;

36-42     2.  Is guilty of habitual intemperance;

36-43     3.  Becomes or is intoxicated or under the influence of liquor,

36-44  any depressant drug or a controlled substance, unless taken pursuant

37-1  to a lawfully issued prescription, while on duty in any establishment

37-2  licensed by the Board;

37-3      4.  Is guilty of unprofessional conduct or conduct contrary to

37-4  the public interest;

37-5      5.  Is addicted to the use of any controlled substance;

37-6      6.  Has been convicted of a violation of any law or regulation of

37-7  the Federal Government or of this or any other state related to

37-8  controlled substances, dangerous drugs, drug samples, or the

37-9  wholesale or retail distribution of drugs;

37-10     7.  Has been convicted of [a] :

37-11     (a) A felony relating to holding a certificate, license,

37-12  registration or permit pursuant to this chapter; or [other]

37-13     (b) Other crime involving moral turpitude, dishonesty or

37-14  corruption;

37-15     8.  Has been convicted of violating any of the provisions of

37-16  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

37-17  inclusive;

37-18     9.  Has willfully made to the Board or its authorized

37-19  representative any false statement which is material to the

37-20  administration or enforcement of any of the provisions of this

37-21  chapter;

37-22     10.  Has obtained any certificate, certification, license or permit

37-23  by the filing of an application, or any record, affidavit or other

37-24  information in support thereof, which is false or fraudulent;

37-25     11.  Has violated any provision of the Federal Food, Drug and

37-26  Cosmetic Act or any other federal law or regulation relating to

37-27  prescription drugs;

37-28     12.  Has violated, attempted to violate, assisted or abetted in the

37-29  violation of or conspired to violate any of the provisions of this

37-30  chapter or any law or regulation relating to drugs, the manufacture

37-31  or distribution of drugs or the practice of pharmacy, or has

37-32  knowingly permitted, allowed, condoned or failed to report a

37-33  violation of any of the provisions of this chapter or any law or

37-34  regulation relating to drugs, the manufacture or distribution of drugs

37-35  or the practice of pharmacy committed by the holder of a certificate,

37-36  license, registration or permit;

37-37     13.  Has failed to renew his certificate, license or permit by

37-38  failing to submit the application for renewal or pay the renewal fee

37-39  therefor;

37-40     14.  Has had his certificate, license or permit suspended or

37-41  revoked in another state on grounds which would cause suspension

37-42  or revocation of a certificate, license or permit in this state;

37-43     15.  Has, as a managing pharmacist, violated any provision of

37-44  law or regulation concerning recordkeeping or inventory in a store

37-45  over which he presides, or has knowingly allowed a violation of any

38-1  provision of this chapter or other state or federal laws or regulations

38-2  relating to the practice of pharmacy by personnel of the pharmacy

38-3  under his supervision;

38-4      16.  Has repeatedly been negligent, which may be evidenced by

38-5  claims of malpractice settled against him; or

38-6      17.  Has failed to maintain and make available to a state or

38-7  federal officer any records in accordance with the provisions of this

38-8  chapter or chapter 453 or 454 of NRS.

38-9      Sec. 42.  NRS 640A.200 is hereby amended to read as follows:

38-10     640A.200  1.  The Board may, after notice and hearing,

38-11  suspend, revoke or refuse to issue or renew a license to practice as

38-12  an occupational therapist or occupational therapy assistant, or may

38-13  impose conditions upon the use of that license, if the Board

38-14  determines that the holder of or applicant for the license is guilty of

38-15  unprofessional conduct which has endangered or is likely to

38-16  endanger the public health, safety or welfare. The Board may

38-17  reinstate a revoked license upon application by the person to whom

38-18  the license was issued not less than 1 year after the license is

38-19  revoked.

38-20     2.  If the Board receives a report pursuant to subsection 5 of

38-21  NRS 228.420, a hearing must be held to consider the report within

38-22  30 days after receiving the report.

38-23     3.  As used in this section, “unprofessional conduct” includes:

38-24     (a) The obtaining of a license by fraud or through the

38-25  misrepresentation or concealment of a material fact;

38-26     (b) The conviction of [any crime , except a misdemeanor which

38-27  does not involve] :

38-28         (1) A felony or gross misdemeanor relating to the practice

38-29  of occupational therapy; or

38-30         (2) Any crime involving moral turpitude; and

38-31     (c) The violation of any provision of this chapter or regulation

38-32  of the Board adopted pursuant to this chapter.

38-33     Sec. 43.  NRS 641.230 is hereby amended to read as follows:

38-34     641.230  The Board may suspend the license of a psychologist,

38-35  place a psychologist on probation, revoke the license of a

38-36  psychologist, require remediation for a psychologist or take any

38-37  other action specified by regulation if the Board finds by a

38-38  preponderance of the evidence that the psychologist has:

38-39     1.  Been convicted of a felony[.] relating to the practice of

38-40  psychology.

38-41     2.  Been convicted of any crime or offense that reflects the

38-42  inability of the psychologist to practice psychology with due regard

38-43  for the health and safety of others.

39-1      3.  Been convicted of violating any of the provisions of NRS

39-2  616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

39-3  inclusive.

39-4      4.  Engaged in gross malpractice or repeated malpractice or

39-5  gross negligence in the practice of psychology.

39-6      5.  Aided or abetted the practice of psychology by a person not

39-7  licensed by the Board.

39-8      6.  Made any fraudulent or untrue statement to the Board.

39-9      7.  Violated a regulation adopted by the Board.

39-10     8.  Had his license to practice psychology suspended or revoked

39-11  or has had any other disciplinary action taken against him by

39-12  another state or territory of the United States, the District of

39-13  Columbia or a foreign country, if at least one of the grounds for

39-14  discipline is the same or substantially equivalent to any ground

39-15  contained in this chapter.

39-16     9.  Failed to report to the Board within 30 days the revocation,

39-17  suspension or surrender of, or any other disciplinary action taken

39-18  against, a license or certificate to practice psychology issued to him

39-19  by another state or territory of the United States, the District of

39-20  Columbia or a foreign country.

39-21     10.  Violated or attempted to violate, directly or indirectly, or

39-22  assisted in or abetted the violation of or conspired to violate a

39-23  provision of this chapter.

39-24     11.  Performed or attempted to perform any professional service

39-25  while impaired by alcohol, drugs or by a mental or physical illness,

39-26  disorder or disease.

39-27     12.  Engaged in sexual activity with a patient.

39-28     13.  Been convicted of abuse or fraud in connection with any

39-29  state or federal program which provides medical assistance.

39-30     14.  Been convicted of submitting a false claim for payment to

39-31  the insurer of a patient.

39-32     Sec. 44.  NRS 641A.310 is hereby amended to read as follows:

39-33     641A.310  The Board may refuse to grant a license or may

39-34  suspend or revoke a license for any of the following reasons:

39-35     1.  Conviction of a felony[,] relating to the practice of

39-36  marriage and family therapy or of any offense involving moral

39-37  turpitude, the record of conviction being conclusive evidence

39-38  thereof.

39-39     2.  Habitual drunkenness or addiction to the use of a controlled

39-40  substance.

39-41     3.  Impersonating a licensed marriage and family therapist or

39-42  allowing another person to use his license.

39-43     4.  Using fraud or deception in applying for a license or in

39-44  passing the examination provided for in this chapter.

40-1      5.  Rendering or offering to render services outside the area of

40-2  his training, experience or competence.

40-3      6.  Committing unethical practices contrary to the interest of the

40-4  public as determined by the Board.

40-5      7.  Unprofessional conduct as determined by the Board.

40-6      8.  Negligence, fraud or deception in connection with services

40-7  he is licensed to provide pursuant to this chapter.

40-8      Sec. 45.  NRS 641B.400 is hereby amended to read as follows:

40-9      641B.400  The grounds for initiating disciplinary action

40-10  pursuant to this chapter are:

40-11     1.  Unprofessional conduct;

40-12     2.  Conviction of:

40-13     (a) A felony[;] relating to the practice of social work;

40-14     (b) Any offense involving moral turpitude; or

40-15     (c) A violation of any federal or state law regulating the

40-16  possession, distribution or use of any controlled substance or

40-17  dangerous drug as defined in chapter 454 of NRS;

40-18     3.  Use of fraud or deception in:

40-19     (a) Applying for a license;

40-20     (b) Undergoing the initial licensing examination; or

40-21     (c) Rendering services as a social worker;

40-22     4.  Allowing unauthorized use of a license issued pursuant to

40-23  this chapter;

40-24     5.  Professional incompetence;

40-25     6.  Practicing social work without a license; and

40-26     7.  The habitual use of alcohol or any controlled substance

40-27  which impairs the ability to practice social work.

40-28     Sec. 46.  NRS 641C.700 is hereby amended to read as follows:

40-29     641C.700  The grounds for initiating disciplinary action

40-30  pursuant to the provisions of this chapter include:

40-31     1.  Conviction of:

40-32     (a) A felony[;] relating to the practice of counseling alcohol

40-33  and drug abusers;

40-34     (b) An offense involving moral turpitude; or

40-35     (c) A violation of a federal or state law regulating the

40-36  possession, distribution or use of a controlled substance or

40-37  dangerous drug as defined in chapter 453 of NRS;

40-38     2.  Fraud or deception in:

40-39     (a) Applying for a license or certificate;

40-40     (b) Taking an examination for a license or certificate;

40-41     (c) Documenting the continuing education required to renew or

40-42  reinstate a license or certificate;

40-43     (d) Submitting a claim for payment to an insurer; or

40-44     (e) The practice of counseling alcohol and drug abusers;

41-1      3.  Allowing the unauthorized use of a license or certificate

41-2  issued pursuant to this chapter;

41-3      4.  Professional incompetence;

41-4      5.  The habitual use of alcohol or any other drug that impairs

41-5  the ability of a licensed or certified counselor or certified intern to

41-6  engage in the practice of counseling alcohol and drug abusers;

41-7      6.  Engaging in the practice of counseling alcohol and drug

41-8  abusers with an expired, suspended or revoked license or certificate;

41-9  and

41-10     7.  Engaging in behavior that is contrary to the ethical standards

41-11  as set forth in the regulations of the Board.

41-12     Sec. 47.  NRS 642.130 is hereby amended to read as follows:

41-13     642.130  The following acts are grounds for which the Board

41-14  may take disciplinary action against a person who is licensed to

41-15  practice the profession of embalming pursuant to this chapter or

41-16  refuse to issue such a license to an applicant therefor:

41-17     1.  Gross incompetency.

41-18     2.  Unprofessional, unethical or dishonest conduct.

41-19     3.  Habitual intemperance.

41-20     4.  Fraud or misrepresentation in obtaining or attempting to

41-21  obtain a license to practice the profession of embalming.

41-22     5.  Employment by the licensee of persons commonly known as

41-23  “cappers,” “steerers” or “solicitors,” or of other persons to obtain

41-24  funeral directing or embalming business.

41-25     6.  Malpractice.

41-26     7.  Gross immorality.

41-27     8.  The unlawful use of any controlled substance.

41-28     9.  Conviction of a felony[.] relating to the practice of

41-29  embalming.

41-30     10.  False or misleading advertising as defined in NRS 642.490,

41-31  or false or misleading statements in the sale of merchandise or

41-32  services.

41-33     11.  Refusal to surrender promptly the custody of a dead human

41-34  body upon the request of a person who is legally entitled to custody

41-35  of the body.

41-36     12.  Violation by the licensee of any provision of this chapter,

41-37  any regulation adopted pursuant thereto or any other law of this state

41-38  relating to the practice of any of the professions regulated by the

41-39  Board.

41-40     13.  The theft or misappropriation of money in a trust fund

41-41  established and maintained pursuant to chapter 689 of NRS.

41-42     Sec. 48.  NRS 642.470 is hereby amended to read as follows:

41-43     642.470  The following acts are grounds for which the Board

41-44  may take disciplinary action against a person who holds a funeral

41-45  director’s license, a permit to operate a funeral establishment or a

42-1  license to conduct direct cremations or immediate burials, or refuse

42-2  to issue such a license or permit to an applicant therefor:

42-3      1.  Conviction of a crime involving moral turpitude.

42-4      2.  Unprofessional conduct.

42-5      3.  False or misleading advertising.

42-6      4.  Conviction of a felony[.] relating to the practice of funeral

42-7  directors.

42-8      5.  Conviction of a misdemeanor that is related directly to the

42-9  business of a funeral establishment.

42-10     Sec. 49.  NRS 643.185 is hereby amended to read as follows:

42-11     643.185  1.  The following are grounds for disciplinary action

42-12  by the Board:

42-13     (a) Violation by any person licensed pursuant to the provisions

42-14  of this chapter of any provision of this chapter or the regulations

42-15  adopted by the Board.

42-16     (b) Conviction of a felony[.] relating to the practice of barbers.

42-17     (c) Malpractice or incompetency.

42-18     (d) Continued practice by a person knowingly having an

42-19  infectious or contagious disease.

42-20     (e) Advertising, practicing or attempting to practice under

42-21  another’s name or trade name.

42-22     (f) Drunkenness or addiction to a controlled substance.

42-23     2.  If the Board determines that a violation of this section has

42-24  occurred, it may:

42-25     (a) Refuse to issue or renew a license;

42-26     (b) Revoke or suspend a license;

42-27     (c) Impose a fine of not more than $1,000; and

42-28     (d) Require the person to pay all costs incurred by the Board

42-29  relating to the discipline of the person.

42-30     Sec. 50.  NRS 645.633 is hereby amended to read as follows:

42-31     645.633  1.  The Commission may take action pursuant to

42-32  NRS 645.630 against any person subject to that section who is

42-33  guilty of:

42-34     (a) Willfully using any trade name, service mark or insigne of

42-35  membership in any real estate organization of which the licensee is

42-36  not a member, without the legal right to do so.

42-37     (b) Violating any order of the Commission, any agreement with

42-38  the Division, any of the provisions of this chapter, chapter 116, 119,

42-39  119A, 119B, 645A or 645C of NRS or any regulation adopted

42-40  thereunder.

42-41     (c) Paying a commission, compensation or a finder’s fee to any

42-42  person for performing the services of a broker, broker-salesman or

42-43  salesman who has not secured his license pursuant to this chapter.

42-44  This subsection does not apply to payments to a broker who is

42-45  licensed in his state of residence.

43-1      (d) [A felony, or has] Has been convicted of, or entered a plea

43-2  of guilty, guilty but mentally ill or nolo contendere to [a charge of] :

43-3          (1) A felony relating to the practice of the licensee, property

43-4  manager or owner-developer; or [any]

43-5          (2) Any crime involving fraud, deceit, misrepresentation or

43-6  moral turpitude.

43-7      (e) Guaranteeing, or having authorized or permitted any person

43-8  to guarantee, future profits which may result from the resale of real

43-9  property.

43-10     (f) Failure to include a fixed date of expiration in any written

43-11  brokerage agreement or to leave a copy of the brokerage agreement

43-12  with the client.

43-13     (g) Accepting, giving or charging any undisclosed commission,

43-14  rebate or direct profit on expenditures made for a client.

43-15     (h) Gross negligence or incompetence in performing any act for

43-16  which he is required to hold a license pursuant to this chapter,

43-17  chapter 119, 119A or 119B of NRS.

43-18     (i) Any other conduct which constitutes deceitful, fraudulent or

43-19  dishonest dealing.

43-20     (j) Any conduct which took place before he became licensed,

43-21  which was in fact unknown to the Division and which would have

43-22  been grounds for denial of a license had the Division been aware of

43-23  the conduct.

43-24     (k) Knowingly permitting any person whose license has been

43-25  revoked or suspended to act as a real estate broker, broker-salesman

43-26  or salesman, with or on behalf of the licensee.

43-27     (l) Recording or causing to be recorded a claim pursuant to the

43-28  provisions of NRS 645.8701 to 645.8811, inclusive, that is

43-29  determined by a district court to be frivolous and made without

43-30  reasonable cause pursuant to NRS 645.8791.

43-31     2.  The Commission may take action pursuant to NRS 645.630

43-32  against a person who is subject to that section for the suspension or

43-33  revocation of a real estate broker’s, broker-salesman’s or salesman’s

43-34  license issued to him by any other jurisdiction.

43-35     3.  The Commission may take action pursuant to NRS 645.630

43-36  against any person who:

43-37     (a) Holds a permit to engage in property management issued

43-38  pursuant to NRS 645.6052; and

43-39     (b) In connection with any property for which the person has

43-40  obtained a written brokerage agreement to manage the property

43-41  pursuant to NRS 645.6056:

43-42         (1) Is convicted of violating any of the provisions of

43-43  NRS 202.470;

43-44         (2) Has been notified in writing by the appropriate

43-45  governmental agency of a potential violation of NRS 244.360,

44-1  244.3603 or 268.4124, and has failed to inform the owner of the

44-2  property of such notification; or

44-3          (3) Has been directed in writing by the owner of the property

44-4  to correct a potential violation of NRS 244.360, 244.3603 or

44-5  268.4124, and has failed to correct the potential violation, if such

44-6  corrective action is within the scope of the person’s duties pursuant

44-7  to the written brokerage agreement.

44-8      4.  The Division shall maintain a log of any complaints that it

44-9  receives relating to activities for which the Commission may take

44-10  action against a person holding a permit to engage in property

44-11  management pursuant to subsection 3.

44-12     5.  On or before February 1 of each odd-numbered year, the

44-13  Division shall submit to the Director of the Legislative Counsel

44-14  Bureau a written report setting forth, for the previous biennium:

44-15     (a) Any complaints included in the log maintained by the

44-16  Division pursuant to subsection 4; and

44-17     (b) Any disciplinary actions taken by the Commission pursuant

44-18  to subsection 3.

44-19     Sec. 51.  NRS 645A.090 is hereby amended to read as follows:

44-20     645A.090  1.  The Commissioner may refuse to license any

44-21  escrow agent or agency or may suspend or revoke any license or

44-22  impose a fine of not more than $500 for each violation by entering

44-23  an order to that effect, with his findings in respect thereto, if upon a

44-24  hearing, it is determined that the applicant or licensee:

44-25     (a) In the case of an escrow agency, is insolvent;

44-26     (b) Has violated any provision of this chapter or any regulation

44-27  adopted pursuant thereto or has aided and abetted another to do so;

44-28     (c) In the case of an escrow agency, is in such a financial

44-29  condition that he cannot continue in business with safety to his

44-30  customers;

44-31     (d) Has committed fraud in connection with any transaction

44-32  governed by this chapter;

44-33     (e) Has intentionally or knowingly made any misrepresentation

44-34  or false statement to, or concealed any essential or material fact

44-35  from, any principal or designated agent of a principal in the course

44-36  of the escrow business;

44-37     (f) Has intentionally or knowingly made or caused to be made to

44-38  the Commissioner any false representation of a material fact or has

44-39  suppressed or withheld from the Commissioner any information

44-40  which the applicant or licensee possesses;

44-41     (g) Has failed without reasonable cause to furnish to the parties

44-42  of an escrow their respective statements of the settlement within a

44-43  reasonable time after the close of escrow;

44-44     (h) Has failed without reasonable cause to deliver, within a

44-45  reasonable time after the close of escrow, to the respective parties of

45-1  an escrow transaction any money, documents or other properties

45-2  held in escrow in violation of the provisions of the escrow

45-3  instructions;

45-4      (i) Has refused to permit an examination by the Commissioner

45-5  of his books and affairs or has refused or failed, within a reasonable

45-6  time, to furnish any information or make any report that may be

45-7  required by the Commissioner pursuant to the provisions of this

45-8  chapter;

45-9      (j) Has been convicted of a felony relating to the practice of

45-10  escrow agents or agencies or any misdemeanor of which an

45-11  essential element is fraud;

45-12     (k) In the case of an escrow agency, has failed to maintain

45-13  complete and accurate records of all transactions within the last 6

45-14  years;

45-15     (l) Has commingled the money of others with his own or

45-16  converted the money of others to his own use;

45-17     (m) Has failed, before the close of escrow, to obtain written

45-18  escrow instructions concerning any essential or material fact or

45-19  intentionally failed to follow the written instructions which have

45-20  been agreed upon by the parties and accepted by the holder of the

45-21  escrow;

45-22     (n) Has failed to disclose in writing that he is acting in the dual

45-23  capacity of escrow agent or agency and undisclosed principal in any

45-24  transaction; or

45-25     (o) In the case of an escrow agency, has:

45-26         (1) Failed to maintain adequate supervision of an escrow

45-27  agent; or

45-28         (2) Instructed an escrow agent to commit an act which would

45-29  be cause for the revocation of the escrow agent’s license and the

45-30  escrow agent committed the act. An escrow agent is not subject to

45-31  disciplinary action for committing such an act under instruction by

45-32  the escrow agency.

45-33     2.  It is sufficient cause for the imposition of a fine or the

45-34  refusal, suspension or revocation of the license of a partnership,

45-35  corporation or any other association that any member of the

45-36  partnership or any officer or director of the corporation or

45-37  association has been guilty of any act or omission which would be

45-38  cause for such action had the applicant or licensee been a natural

45-39  person.

45-40     3.  The Commissioner may suspend any license for not more

45-41  than 30 days, pending a hearing, if upon examination into the affairs

45-42  of the licensee it is determined that any of the grounds enumerated

45-43  in subsection 1 or 2 exist.

45-44     4.  The Commissioner may refuse to issue a license to any

45-45  person who, within 10 years before the date of applying for a current

46-1  license, has had suspended or revoked a license issued pursuant to

46-2  this chapter or a comparable license issued by any other state,

46-3  district or territory of the United States or any foreign country.

46-4      Sec. 52.  NRS 645B.020 is hereby amended to read as follows:

46-5      645B.020  1.  A person who wishes to be licensed as a

46-6  mortgage broker must file a written application for a license with the

46-7  office of the Commissioner and pay the fee required pursuant to

46-8  NRS 645B.050. An application for a license as a mortgage broker

46-9  must:

46-10     (a) Be verified.

46-11     (b) State the name, residence address and business address of

46-12  the applicant and the location of each principal office and branch

46-13  office at which the mortgage broker will conduct business within

46-14  this state.

46-15     (c) State the name under which the applicant will conduct

46-16  business as a mortgage broker.

46-17     (d) List the name, residence address and business address of

46-18  each person who will:

46-19         (1) If the applicant is not a natural person, have an interest in

46-20  the mortgage broker as a principal, partner, officer, director or

46-21  trustee, specifying the capacity and title of each such person.

46-22         (2) Be associated with or employed by the mortgage broker

46-23  as a mortgage agent.

46-24     (e) If the applicant is a natural person, include the social security

46-25  number of the applicant.

46-26     (f) Include a general business plan and a description of the

46-27  policies and procedures that the mortgage broker and his mortgage

46-28  agents will follow to arrange and service loans and to conduct

46-29  business pursuant to this chapter.

46-30     (g) State the length of time the applicant has been engaged in the

46-31  business of a broker.

46-32     (h) Include a financial statement of the applicant and, if

46-33  applicable, satisfactory proof that the applicant will be able to

46-34  maintain continuously the net worth required pursuant to

46-35  NRS 645B.115.

46-36     (i) Include any other information required pursuant to the

46-37  regulations adopted by the Commissioner or an order of the

46-38  Commissioner.

46-39     2.  If a mortgage broker will conduct business at one or more

46-40  branch offices within this state, the mortgage broker must apply for

46-41  a license for each such branch office.

46-42     3.  Except as otherwise provided in this chapter, the

46-43  Commissioner shall issue a license to an applicant as a mortgage

46-44  broker if:

47-1      (a) The application complies with the requirements of this

47-2  chapter;

47-3      (b) The applicant submits the statement required pursuant to

47-4  NRS 645B.023, if the applicant is required to do so; and

47-5      (c) The applicant and each general partner, officer or director of

47-6  the applicant, if the applicant is a partnership, corporation or

47-7  unincorporated association:

47-8          (1) Has a good reputation for honesty, trustworthiness and

47-9  integrity and displays competence to transact the business of a

47-10  mortgage broker in a manner which safeguards the interests of the

47-11  general public. The applicant must submit satisfactory proof of these

47-12  qualifications to the Commissioner.

47-13         (2) Has not been convicted of, or entered a plea of nolo

47-14  contendere to, a felony relating to the practice of mortgage brokers

47-15  or any crime involving fraud, misrepresentation or moral turpitude.

47-16         (3) Has not made a false statement of material fact on his

47-17  application.

47-18         (4) Has not had a license that was issued pursuant to the

47-19  provisions of this chapter or chapter 645E of NRS suspended or

47-20  revoked within the 10 years immediately preceding the date of his

47-21  application.

47-22         (5) Has not had a license that was issued in any other state,

47-23  district or territory of the United States or any foreign country

47-24  suspended or revoked within the 10 years immediately preceding the

47-25  date of his application.

47-26         (6) Has not violated any provision of this chapter or chapter

47-27  645E of NRS, a regulation adopted pursuant thereto or an order of

47-28  the Commissioner.

47-29     Sec. 53.  NRS 645B.020 is hereby amended to read as follows:

47-30     645B.020  1.  A person who wishes to be licensed as a

47-31  mortgage broker must file a written application for a license with the

47-32  office of the Commissioner and pay the fee required pursuant to

47-33  NRS 645B.050. An application for a license as a mortgage broker

47-34  must:

47-35     (a) Be verified.

47-36     (b) State the name, residence address and business address of

47-37  the applicant and the location of each principal office and branch

47-38  office at which the mortgage broker will conduct business within

47-39  this state.

47-40     (c) State the name under which the applicant will conduct

47-41  business as a mortgage broker.

47-42     (d) List the name, residence address and business address of

47-43  each person who will:

48-1          (1) If the applicant is not a natural person, have an interest in

48-2  the mortgage broker as a principal, partner, officer, director or

48-3  trustee, specifying the capacity and title of each such person.

48-4          (2) Be associated with or employed by the mortgage broker

48-5  as a mortgage agent.

48-6      (e) Include a general business plan and a description of the

48-7  policies and procedures that the mortgage broker and his mortgage

48-8  agents will follow to arrange and service loans and to conduct

48-9  business pursuant to this chapter.

48-10     (f) State the length of time the applicant has been engaged in the

48-11  business of a mortgage broker.

48-12     (g) Include a financial statement of the applicant and, if

48-13  applicable, satisfactory proof that the applicant will be able to

48-14  maintain continuously the net worth required pursuant to

48-15  NRS 645B.115.

48-16     (h) Include any other information required pursuant to the

48-17  regulations adopted by the Commissioner or an order of the

48-18  Commissioner.

48-19     2.  If a mortgage broker will conduct business at one or more

48-20  branch offices within this state, the mortgage broker must apply for

48-21  a license for each such branch office.

48-22     3.  Except as otherwise provided in this chapter, the

48-23  Commissioner shall issue a license to an applicant as a mortgage

48-24  broker if:

48-25     (a) The application complies with the requirements of this

48-26  chapter; and

48-27     (b) The applicant and each general partner, officer or director of

48-28  the applicant, if the applicant is a partnership, corporation or

48-29  unincorporated association:

48-30         (1) Has a good reputation for honesty, trustworthiness and

48-31  integrity and displays competence to transact the business of a

48-32  mortgage broker in a manner which safeguards the interests of the

48-33  general public. The applicant must submit satisfactory proof of these

48-34  qualifications to the Commissioner.

48-35         (2) Has not been convicted of, or entered a plea of nolo

48-36  contendere to, a felony relating to the practice of mortgage brokers

48-37  or any crime involving fraud, misrepresentation or moral turpitude.

48-38         (3) Has not made a false statement of material fact on his

48-39  application.

48-40         (4) Has not had a license that was issued pursuant to the

48-41  provisions of this chapter or chapter 645E of NRS suspended or

48-42  revoked within the 10 years immediately preceding the date of his

48-43  application.

48-44         (5) Has not had a license that was issued in any other state,

48-45  district or territory of the United States or any foreign country

49-1  suspended or revoked within the 10 years immediately preceding the

49-2  date of his application.

49-3          (6) Has not violated any provision of this chapter or chapter

49-4  645E of NRS, a regulation adopted pursuant thereto or an order of

49-5  the Commissioner.

49-6      Sec. 54.  NRS 645B.0243 is hereby amended to read as

49-7  follows:

49-8      645B.0243  The Commissioner may refuse to issue a license to

49-9  an applicant if the Commissioner has reasonable cause to believe

49-10  that the applicant or any general partner, officer or director of the

49-11  applicant has, after October 1, 1999, employed or proposed to

49-12  employ a person as a mortgage agent or authorized or proposed to

49-13  authorize a person to be associated with a mortgage broker as a

49-14  mortgage agent at a time when the applicant or the general partner,

49-15  officer or director knew or, in light of all the surrounding facts and

49-16  circumstances, reasonably should have known that the person:

49-17     1.  Had been convicted of, or entered a plea of nolo contendere

49-18  to[, a] :

49-19     (a) A felony relating to the practice of mortgage brokers; or

49-20  [any]

49-21     (b) Any crime involving fraud, misrepresentation or moral

49-22  turpitude; or

49-23     2.  Had a financial services license or registration suspended or

49-24  revoked within the immediately preceding 10 years.

49-25     Sec. 55.  NRS 645B.450 is hereby amended to read as follows:

49-26     645B.450  1.  A person shall not act as or provide any of the

49-27  services of a mortgage agent or otherwise engage in, carry on or

49-28  hold himself out as engaging in or carrying on the activities of a

49-29  mortgage agent if the person:

49-30     (a) Has been convicted of, or entered a plea of nolo contendere

49-31  to[, a] :

49-32         (1) A felony relating to the practice of mortgage agents; or

49-33  [any]

49-34         (2) Any crime involving fraud, misrepresentation or moral

49-35  turpitude; or

49-36     (b) Has had a financial services license or registration suspended

49-37  or revoked within the immediately preceding 10 years.

49-38     2.  A mortgage agent may not be associated with or employed

49-39  by more than one mortgage broker at the same time.

49-40     3.  A mortgage broker shall register with the Division each

49-41  person who will be associated with or employed by the mortgage

49-42  broker as a mortgage agent. A mortgage broker shall register each

49-43  such person with the Division when the person begins his

49-44  association or employment with the mortgage broker and annually

49-45  thereafter. A registration expires 12 months after its effective date.

50-1      4.  To register a person as a mortgage agent, a mortgage broker

50-2  must:

50-3      (a) Submit to the Division a registration form which is provided

50-4  by the Division and which:

50-5          (1) States the name, residence address and business address

50-6  of the person;

50-7          (2) Is signed by the person;

50-8          (3) Includes a provision by which the person gives his

50-9  written consent to an investigation of his credit history, criminal

50-10  history and background; and

50-11         (4) Includes any other information or supporting materials

50-12  required by the regulations adopted by the Commissioner. Such

50-13  information or supporting materials may include, without limitation,

50-14  a complete set of fingerprints from the person, the social security

50-15  number of the person and other forms of identification of the person.

50-16     (b) For each initial registration, pay the actual costs and

50-17  expenses incurred by the Division to investigate the credit history,

50-18  criminal history and background of the person. All money received

50-19  pursuant to this paragraph must be placed in the Investigative

50-20  Account for Financial Institutions created by NRS 232.545.

50-21     (c) For each annual registration, submit to the Division

50-22  satisfactory proof that the person attended at least 5 hours of

50-23  certified courses of continuing education during the 12 months

50-24  immediately preceding the date on which the registration expires.

50-25     5.  Not later than the date on which the mortgage broker

50-26  submits the information for annual registration required by

50-27  subsection 4, the person being registered shall pay an annual

50-28  registration fee of $125. If the person does not pay the annual

50-29  registration fee, the person shall be deemed to be unregistered for

50-30  the purposes of this chapter.

50-31     6.  A mortgage broker shall not employ a person as a mortgage

50-32  agent or authorize a person to be associated with the mortgage

50-33  broker as a mortgage agent if the mortgage broker has not registered

50-34  the person with the Division pursuant to this section or if the person:

50-35     (a) Has been convicted of, or entered a plea of nolo contendere

50-36  to, a felony relating to the practice of mortgage agents or any

50-37  crime involving fraud, misrepresentation or moral turpitude; or

50-38     (b) Has had a financial services license or registration suspended

50-39  or revoked within the immediately preceding 10 years.

50-40     7.  If a mortgage agent terminates his association or

50-41  employment with a mortgage broker for any reason, the mortgage

50-42  broker shall, not later than the third business day following the date

50-43  of termination:

50-44     (a) Deliver to the mortgage agent or send by certified mail to the

50-45  last known residence address of the mortgage agent a written

51-1  statement which advises him that his termination is being reported

51-2  to the Division; and

51-3      (b) Deliver or send by certified mail to the Division:

51-4          (1) A written statement of the circumstances surrounding the

51-5  termination; and

51-6          (2) A copy of the written statement that the mortgage broker

51-7  delivers or mails to the mortgage agent pursuant to paragraph (a).

51-8      8.  As used in this section, “certified course of continuing

51-9  education” has the meaning ascribed to it in NRS 645B.051.

51-10     Sec. 56.  NRS 645B.670 is hereby amended to read as follows:

51-11     645B.670  Except as otherwise provided in NRS 645B.690:

51-12     1.  For each violation committed by an applicant, whether or

51-13  not he is issued a license, the Commissioner may impose upon the

51-14  applicant an administrative fine of not more than $10,000, if the

51-15  applicant:

51-16     (a) Has knowingly made or caused to be made to the

51-17  Commissioner any false representation of material fact;

51-18     (b) Has suppressed or withheld from the Commissioner any

51-19  information which the applicant possesses and which, if submitted

51-20  by him, would have rendered the applicant ineligible to be licensed

51-21  pursuant to the provisions of this chapter; or

51-22     (c) Has violated any provision of this chapter, a regulation

51-23  adopted pursuant to this chapter or an order of the Commissioner in

51-24  completing and filing his application for a license or during the

51-25  course of the investigation of his application for a license.

51-26     2.  For each violation committed by a licensee, the

51-27  Commissioner may impose upon the licensee an administrative fine

51-28  of not more than $10,000, may suspend, revoke or place conditions

51-29  upon his license, or may do both, if the licensee, whether or not

51-30  acting as such:

51-31     (a) Is insolvent;

51-32     (b) Is grossly negligent or incompetent in performing any act for

51-33  which he is required to be licensed pursuant to the provisions of this

51-34  chapter;

51-35     (c) Does not conduct his business in accordance with law or has

51-36  violated any provision of this chapter, a regulation adopted pursuant

51-37  to this chapter or an order of the Commissioner;

51-38     (d) Is in such financial condition that he cannot continue in

51-39  business with safety to his customers;

51-40     (e) Has made a material misrepresentation in connection with

51-41  any transaction governed by this chapter;

51-42     (f) Has suppressed or withheld from a client any material facts,

51-43  data or other information relating to any transaction governed by the

51-44  provisions of this chapter which the licensee knew or, by the

51-45  exercise of reasonable diligence, should have known;

52-1      (g) Has knowingly made or caused to be made to the

52-2  Commissioner any false representation of material fact or has

52-3  suppressed or withheld from the Commissioner any information

52-4  which the licensee possesses and which, if submitted by him, would

52-5  have rendered the licensee ineligible to be licensed pursuant to the

52-6  provisions of this chapter;

52-7      (h) Has failed to account to persons interested for all money

52-8  received for a trust account;

52-9      (i) Has refused to permit an examination by the Commissioner

52-10  of his books and affairs or has refused or failed, within a reasonable

52-11  time, to furnish any information or make any report that may be

52-12  required by the Commissioner pursuant to the provisions of this

52-13  chapter or a regulation adopted pursuant to this chapter;

52-14     (j) Has been convicted of, or entered a plea of nolo contendere

52-15  to, a felony relating to the practice of mortgage brokers or any

52-16  crime involving fraud, misrepresentation or moral turpitude;

52-17     (k) Has refused or failed to pay, within a reasonable time, any

52-18  fees, assessments, costs or expenses that the licensee is required to

52-19  pay pursuant to this chapter or a regulation adopted pursuant to this

52-20  chapter;

52-21     (l) Has failed to satisfy a claim made by a client which has been

52-22  reduced to judgment;

52-23     (m) Has failed to account for or to remit any money of a client

52-24  within a reasonable time after a request for an accounting or

52-25  remittal;

52-26     (n) Has commingled the money or other property of a client

52-27  with his own or has converted the money or property of others to his

52-28  own use;

52-29     (o) Has engaged in any other conduct constituting a deceitful,

52-30  fraudulent or dishonest business practice;

52-31     (p) Has repeatedly violated the policies and procedures of the

52-32  mortgage broker;

52-33     (q) Has failed to exercise reasonable supervision over the

52-34  activities of a mortgage agent as required by NRS 645B.460;

52-35     (r) Has instructed a mortgage agent to commit an act that would

52-36  be cause for the revocation of the license of the mortgage broker,

52-37  whether or not the mortgage agent commits the act;

52-38     (s) Has employed a person as a mortgage agent or authorized a

52-39  person to be associated with the licensee as a mortgage agent at a

52-40  time when the licensee knew or, in light of all the surrounding facts

52-41  and circumstances, reasonably should have known that the person:

52-42         (1) Had been convicted of, or entered a plea of nolo

52-43  contendere to, a felony relating to the practice of mortgage agents

52-44  or any crime involving fraud, misrepresentation or moral turpitude;

52-45  or

53-1          (2) Had a financial services license or registration suspended

53-2  or revoked within the immediately preceding 10 years; or

53-3      (t) Has not conducted verifiable business as a mortgage broker

53-4  for 12 consecutive months, except in the case of a new applicant.

53-5  The Commissioner shall determine whether a mortgage broker is

53-6  conducting business by examining the monthly reports of activity

53-7  submitted by the licensee or by conducting an examination of the

53-8  licensee.

53-9      Sec. 57.  NRS 645C.460 is hereby amended to read as follows:

53-10     645C.460  1.  Grounds for disciplinary action against a

53-11  certified or licensed appraiser or registered intern include:

53-12     (a) Unprofessional conduct;

53-13     (b) Professional incompetence;

53-14     (c) A criminal conviction for a felony relating to the practice of

53-15  appraisers or any offense involving moral turpitude; and

53-16     (d) The suspension or revocation of a registration card,

53-17  certificate, license or permit to act as an appraiser in any other

53-18  jurisdiction.

53-19     2.  If grounds for disciplinary action against an appraiser or

53-20  intern exist, the Commission may do one or more of the following:

53-21     (a) Revoke or suspend his certificate, license or registration

53-22  card.

53-23     (b) Place conditions upon his certificate, license or registration

53-24  card, or upon the reissuance of a certificate, license or registration

53-25  card revoked pursuant to this section.

53-26     (c) Deny the renewal of his certificate, license or registration

53-27  card.

53-28     (d) Impose a fine of not more than $1,000 for each violation.

53-29     3.  If a certificate, license or registration card is revoked by the

53-30  Commission, another certificate, license or registration card must

53-31  not be issued to the same appraiser or intern for at least 1 year after

53-32  the date of the revocation, or at any time thereafter except in the sole

53-33  discretion of the Administrator, and then only if the appraiser or

53-34  intern satisfies all the requirements for an original certificate, license

53-35  or registration card.

53-36     4.  If discipline is imposed pursuant to this section, the costs of

53-37  the proceeding, including investigative costs and attorney’s fees,

53-38  may be recovered by the Commission.

53-39     Sec. 58.  NRS 645E.200 is hereby amended to read as follows:

53-40     645E.200  1.  A person who wishes to be licensed as a

53-41  mortgage company must file a written application for a license with

53-42  the Office of the Commissioner and pay the fee required pursuant to

53-43  NRS 645E.280. An application for a license as a mortgage company

53-44  must:

53-45     (a) Be verified.

54-1      (b) State the name, residence address and business address of

54-2  the applicant and the location of each principal office and branch

54-3  office at which the mortgage company will conduct business in this

54-4  state, including, without limitation, any office or other place of

54-5  business located outside this state from which the mortgage

54-6  company will conduct business in this state.

54-7      (c) State the name under which the applicant will conduct

54-8  business as a mortgage company.

54-9      (d) If the applicant is not a natural person, list the name,

54-10  residence address and business address of each person who will

54-11  have an interest in the mortgage company as a principal, partner,

54-12  officer, director or trustee, specifying the capacity and title of each

54-13  such person.

54-14     (e) Indicate the general plan and character of the business.

54-15     (f) State the length of time the applicant has been engaged in the

54-16  business of a mortgage company.

54-17     (g) Include a financial statement of the applicant.

54-18     (h) Include any other information required pursuant to the

54-19  regulations adopted by the Commissioner or an order of the

54-20  Commissioner.

54-21     2.  If a mortgage company will conduct business in this state at

54-22  one or more branch offices, the mortgage company must apply for a

54-23  license for each such branch office.

54-24     3.  Except as otherwise provided in this chapter, the

54-25  Commissioner shall issue a license to an applicant as a mortgage

54-26  company if:

54-27     (a) The application complies with the requirements of this

54-28  chapter; and

54-29     (b) The applicant and each general partner, officer or director of

54-30  the applicant, if the applicant is a partnership, corporation or

54-31  unincorporated association:

54-32         (1) Has a good reputation for honesty, trustworthiness and

54-33  integrity and displays competence to transact the business of a

54-34  mortgage company in a manner which safeguards the interests of the

54-35  general public. The applicant must submit satisfactory proof of these

54-36  qualifications to the Commissioner.

54-37         (2) Has not been convicted of, or entered a plea of nolo

54-38  contendere to, a felony relating to the practice of mortgage

54-39  companies or any crime involving fraud, misrepresentation or moral

54-40  turpitude.

54-41         (3) Has not made a false statement of material fact on his

54-42  application.

54-43         (4) Has not had a license that was issued pursuant to the

54-44  provisions of this chapter or chapter 645B of NRS suspended or

55-1  revoked within the 10 years immediately preceding the date of his

55-2  application.

55-3          (5) Has not had a license that was issued in any other state,

55-4  district or territory of the United States or any foreign country

55-5  suspended or revoked within the 10 years immediately preceding the

55-6  date of his application.

55-7          (6) Has not violated any provision of this chapter or chapter

55-8  645B of NRS, a regulation adopted pursuant thereto or an order of

55-9  the Commissioner.

55-10     4.  If an applicant is a partnership, corporation or

55-11  unincorporated association, the Commissioner may refuse to issue a

55-12  license to the applicant if any member of the partnership or any

55-13  officer or director of the corporation or unincorporated association

55-14  has committed any act or omission that would be cause for refusing

55-15  to issue a license to a natural person.

55-16     5.  A person may apply for a license for an office or other place

55-17  of business located outside this state from which the applicant will

55-18  conduct business in this state if the applicant or a subsidiary or

55-19  affiliate of the applicant has a license issued pursuant to this chapter

55-20  for an office or other place of business located in this state and if the

55-21  applicant submits with the application for a license a statement

55-22  signed by the applicant which states that the applicant agrees to:

55-23     (a) Make available at a location within this state the books,

55-24  accounts, papers, records and files of the office or place of business

55-25  located outside this state to the Commissioner or a representative of

55-26  the Commissioner; or

55-27     (b) Pay the reasonable expenses for travel, meals and lodging of

55-28  the Commissioner or a representative of the Commissioner incurred

55-29  during any investigation or examination made at the office or place

55-30  of business located outside this state.

55-31  The applicant must be allowed to choose between paragraph (a) or

55-32  (b) in complying with the provisions of this subsection.

55-33     Sec. 59.  NRS 645E.670 is hereby amended to read as follows:

55-34     645E.670  1.  For each violation committed by an applicant,

55-35  whether or not he is issued a license, the Commissioner may impose

55-36  upon the applicant an administrative fine of not more than $10,000,

55-37  if the applicant:

55-38     (a) Has knowingly made or caused to be made to the

55-39  Commissioner any false representation of material fact;

55-40     (b) Has suppressed or withheld from the Commissioner any

55-41  information which the applicant possesses and which, if submitted

55-42  by him, would have rendered the applicant ineligible to be licensed

55-43  pursuant to the provisions of this chapter; or

55-44     (c) Has violated any provision of this chapter, a regulation

55-45  adopted pursuant to this chapter or an order of the Commissioner in

56-1  completing and filing his application for a license or during the

56-2  course of the investigation of his application for a license.

56-3      2.  For each violation committed by a licensee, the

56-4  Commissioner may impose upon the licensee an administrative fine

56-5  of not more than $10,000, may suspend, revoke or place conditions

56-6  upon his license, or may do both, if the licensee, whether or not

56-7  acting as such:

56-8      (a) Is insolvent;

56-9      (b) Is grossly negligent or incompetent in performing any act for

56-10  which he is required to be licensed pursuant to the provisions of this

56-11  chapter;

56-12     (c) Does not conduct his business in accordance with law or has

56-13  violated any provision of this chapter, a regulation adopted pursuant

56-14  to this chapter or an order of the Commissioner;

56-15     (d) Is in such financial condition that he cannot continue in

56-16  business with safety to his customers;

56-17     (e) Has made a material misrepresentation in connection with

56-18  any transaction governed by this chapter;

56-19     (f) Has suppressed or withheld from a client any material facts,

56-20  data or other information relating to any transaction governed by the

56-21  provisions of this chapter which the licensee knew or, by the

56-22  exercise of reasonable diligence, should have known;

56-23     (g) Has knowingly made or caused to be made to the

56-24  Commissioner any false representation of material fact or has

56-25  suppressed or withheld from the Commissioner any information

56-26  which the licensee possesses and which, if submitted by him, would

56-27  have rendered the licensee ineligible to be licensed pursuant to the

56-28  provisions of this chapter;

56-29     (h) Has failed to account to persons interested for all money

56-30  received for a trust account;

56-31     (i) Has refused to permit an examination by the Commissioner

56-32  of his books and affairs or has refused or failed, within a reasonable

56-33  time, to furnish any information or make any report that may be

56-34  required by the Commissioner pursuant to the provisions of this

56-35  chapter or a regulation adopted pursuant to this chapter;

56-36     (j) Has been convicted of, or entered a plea of nolo contendere

56-37  to, a felony relating to the practice of mortgage companies or any

56-38  crime involving fraud, misrepresentation or moral turpitude;

56-39     (k) Has refused or failed to pay, within a reasonable time, any

56-40  fees, assessments, costs or expenses that the licensee is required to

56-41  pay pursuant to this chapter or a regulation adopted pursuant to this

56-42  chapter;

56-43     (l) Has failed to satisfy a claim made by a client which has been

56-44  reduced to judgment;

57-1      (m) Has failed to account for or to remit any money of a client

57-2  within a reasonable time after a request for an accounting or

57-3  remittal;

57-4      (n) Has commingled the money or other property of a client

57-5  with his own or has converted the money or property of others to his

57-6  own use; or

57-7      (o) Has engaged in any other conduct constituting a deceitful,

57-8  fraudulent or dishonest business practice.

57-9      Sec. 60.  NRS 648.110 is hereby amended to read as follows:

57-10     648.110  1.  Before the Board grants any license, the applicant,

57-11  including each director and officer of a corporate applicant, must:

57-12     (a) Be at least 21 years of age.

57-13     (b) Be a citizen of the United States or lawfully entitled to

57-14  remain and work in the United States.

57-15     (c) Be of good moral character and temperate habits.

57-16     (d) Have no conviction of [a] :

57-17         (1) A felony relating to the practice for which the applicant

57-18  wishes to be licensed; or [a]

57-19         (2) Any crime involving moral turpitude or the illegal use or

57-20  possession of a dangerous weapon.

57-21     2.  Each applicant, or the qualifying agent of a corporate

57-22  applicant, must:

57-23     (a) If an applicant for a private investigator’s license, have at

57-24  least 5 years’ experience as an investigator, or the equivalent

57-25  thereof, as determined by the Board.

57-26     (b) If an applicant for a repossessor’s license, have at least 5

57-27  years’ experience as a repossessor, or the equivalent thereof, as

57-28  determined by the Board.

57-29     (c) If an applicant for a private patrolman’s license, have at least

57-30  5 years’ experience as a private patrolman, or the equivalent thereof,

57-31  as determined by the Board.

57-32     (d) If an applicant for a process server’s license, have at least 2

57-33  years’ experience as a process server, or the equivalent thereof, as

57-34  determined by the Board.

57-35     (e) If an applicant for a dog handler’s license, demonstrate to the

57-36  satisfaction of the Board his ability to handle, supply and train

57-37  watchdogs.

57-38     (f) If an applicant for a license as an intern, have:

57-39         (1) Received:

57-40             (I) A baccalaureate degree from an accredited college or

57-41  university and have at least 1 year’s experience in investigation or

57-42  polygraphic examination satisfactory to the Board;

57-43             (II) An associate degree from an accredited college or

57-44  university and have at least 3 years’ experience; or

58-1             (III) A high school diploma or its equivalent and have at

58-2  least 5 years’ experience; and

58-3          (2) Satisfactorily completed a basic course of instruction in

58-4  polygraphic techniques satisfactory to the Board.

58-5      (g) If an applicant for a license as a polygraphic examiner:

58-6          (1) Meet the requirements contained in paragraph (f);

58-7          (2) Have actively conducted polygraphic examinations for at

58-8  least 2 years;

58-9          (3) Have completed successfully at least 250 polygraphic

58-10  examinations, including at least 100 examinations concerning

58-11  specific inquiries as distinguished from general examinations for the

58-12  purpose of screening;

58-13         (4) Have completed successfully at least 50 polygraphic

58-14  examinations, including 10 examinations concerning specific

58-15  inquiries, during the 12 months immediately before the date of his

58-16  application; and

58-17         (5) Have completed successfully at least 24 hours of

58-18  advanced polygraphic training acceptable to the Board during the 2

58-19  years immediately before the date of his application.

58-20     (h) Meet other requirements as determined by the Board.

58-21     3.  The Board, when satisfied from recommendations and

58-22  investigation that the applicant is of good character, competency and

58-23  integrity, may issue and deliver a license to the applicant entitling

58-24  him to conduct the business for which he is licensed, for the period

58-25  which ends on July 1 next following the date of issuance.

58-26     4.  For the purposes of this section, 1 year of experience

58-27  consists of 2,000 hours of experience.

58-28     Sec. 61.  NRS 648.150 is hereby amended to read as follows:

58-29     648.150  The Board may discipline any licensee for any of the

58-30  following causes:

58-31     1.  Conviction of a felony relating to the practice of the

58-32  licensee or of any offense involving moral turpitude.

58-33     2.  Violation of any of the provisions of this chapter or of a

58-34  regulation adopted pursuant thereto.

58-35     3.  A false statement by the licensee that any person is or has

58-36  been in his employ.

58-37     4.  Any unprofessional conduct or unfitness of the licensee or

58-38  any person in his employ.

58-39     5.  Any false statement or the giving of any false information in

58-40  connection with an application for a license or a renewal or

58-41  reinstatement of a license.

58-42     6.  Any act in the course of the licensee’s business constituting

58-43  dishonesty or fraud.

58-44     7.  Impersonation or aiding and abetting an employee in the

58-45  impersonation of a law enforcement officer or employee of the

59-1  United States of America, or of any state or political subdivision

59-2  thereof.

59-3      8.  During the period between the expiration of a license for the

59-4  failure to renew within the time fixed by this chapter and the

59-5  reinstatement of the license, the commission of any act which would

59-6  be a cause for the suspension or revocation of a license, or grounds

59-7  for the denial of an application for a license.

59-8      9.  Willful failure or refusal to render to a client services or a

59-9  report as agreed between the parties and for which compensation

59-10  has been paid or tendered in accordance with the agreement of the

59-11  parties.

59-12     10.  Commission of assault, battery or kidnapping.

59-13     11.  Knowing violation of any court order or injunction in the

59-14  course of business as a licensee.

59-15     12.  Any act which is a ground for denial of an application for a

59-16  license under this chapter.

59-17     13.  Willfully aiding or abetting a person in a violation of a

59-18  provision of this chapter or a regulation adopted pursuant thereto.

59-19     Sec. 62.  NRS 649.085 is hereby amended to read as follows:

59-20     649.085  Every individual applicant, every officer and director

59-21  of a corporate applicant, and every member of a firm or partnership

59-22  applicant for a license as a collection agency or collection agent

59-23  must submit proof satisfactory to the Commissioner that he:

59-24     1.  Is a citizen of the United States or lawfully entitled to

59-25  remain and work in the United States.

59-26     2.  Has a good reputation for honesty, trustworthiness, integrity

59-27  and is competent to transact the business of a collection agency in a

59-28  manner which protects the interests of the general public.

59-29     3.  Has not had a collection agency license suspended or

59-30  revoked within the 10 years immediately preceding the date of the

59-31  application.

59-32     4.  Has not been convicted of, or entered a plea of nolo

59-33  contendere to[, a] :

59-34     (a) A felony relating to the practice of collection agencies or

59-35  collection agents; or [any]

59-36     (b) Any crime involving fraud, misrepresentation or moral

59-37  turpitude.

59-38     5.  Has not made a false statement of material fact on his

59-39  application.

59-40     6.  Will maintain one or more offices in this state for the

59-41  transaction of the business of his collection agency.

59-42     7.  Has established a plan to ensure that his collection agency

59-43  will provide the services of a collection agency adequately and

59-44  efficiently.

 

60-1      Sec. 63.  NRS 652.220 is hereby amended to read as follows:

60-2      652.220  A license may be denied, suspended or revoked if the

60-3  laboratory, laboratory director or any technical employee of the

60-4  laboratory:

60-5      1.  Violates any provision of this chapter;

60-6      2.  Makes any misrepresentation in obtaining a license;

60-7      3.  Has been convicted of a felony[;] relating to the position

60-8  for which the applicant has applied or the licensee has been

60-9  licensed pursuant to this chapter;

60-10     4.  Has been convicted of violating any of the provisions of

60-11  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

60-12  inclusive;

60-13     5.  Is guilty of unprofessional conduct;

60-14     6.  Knowingly permits the use of the name of a licensed

60-15  laboratory or its director by an unlicensed laboratory; or

60-16     7.  Fails to meet the minimum standards prescribed by the

60-17  Board.

60-18     Sec. 64.  NRS 654.190 is hereby amended to read as follows:

60-19     654.190  1.  The Board may, after notice and hearing, impose

60-20  an administrative fine of not more than $2,500 on and suspend or

60-21  revoke the license of any nursing facility administrator or

60-22  administrator of a residential facility for groups who:

60-23     (a) Is convicted of a felony[,] relating to the practice of

60-24  administering a nursing facility or residential facility or of any

60-25  offense involving moral turpitude.

60-26     (b) Has obtained his license by the use of fraud or deceit.

60-27     (c) Violates any of the provisions of this chapter.

60-28     (d) Aids or abets any person in the violation of any of the

60-29  provisions of NRS 449.001 to 449.240, inclusive, as those

60-30  provisions pertain to a facility for skilled nursing, facility for

60-31  intermediate care or residential facility for groups.

60-32     (e) Violates any regulation of the Board prescribing additional

60-33  standards of conduct for nursing facility administrators or

60-34  administrators of residential facilities for groups.

60-35     2.  The Board shall give a licensee against whom proceedings

60-36  are brought pursuant to this section written notice of a hearing not

60-37  less than 10 days before the date of the hearing.

60-38     3.  If discipline is imposed pursuant to this section, the costs of

60-39  the proceeding, including investigative costs and attorney’s fees,

60-40  may be recovered by the Board.

60-41     Sec. 65.  NRS 656.240 is hereby amended to read as follows:

60-42     656.240  The Board may refuse to issue or to renew or may

60-43  suspend or revoke any certificate for any one or a combination of

60-44  the following causes:

61-1      1.  If the applicant or court reporter has by false representation

61-2  obtained or sought to obtain a certificate for himself or any other

61-3  person.

61-4      2.  If the applicant or court reporter has been found in contempt

61-5  of court, arising out of his conduct in performing or attempting to

61-6  perform any act as a court reporter.

61-7      3.  If the applicant or court reporter has been convicted of a

61-8  crime related to the qualifications, functions and responsibilities of a

61-9  certified court reporter.

61-10     4.  If the applicant or court reporter has been convicted of [a

61-11  felony or gross misdemeanor or of] any offense involving moral

61-12  turpitude.

61-13  The judgment of conviction or a certified copy of the judgment is

61-14  conclusive evidence of conviction of an offense.

61-15     Sec. 66.  NRS 676.290 is hereby amended to read as follows:

61-16     676.290  1.  The Commissioner may, pursuant to the

61-17  procedure provided in this chapter, deny, suspend or revoke any

61-18  license for which application has been made or which has been

61-19  issued under the provisions of this chapter if he finds, as to the

61-20  licensee, its associates, directors or officers, grounds for action.

61-21     2.  Any one of the following grounds may provide the requisite

61-22  grounds for denial, suspension or revocation:

61-23     (a) Conviction of a felony relating to the practice of debt

61-24  adjusters or of a misdemeanor involving moral turpitude.

61-25     (b) Violation of any of the provisions of this chapter or

61-26  regulations of the Commissioner.

61-27     (c) Fraud or deceit in procuring the issuance of the license.

61-28     (d) Continuous course of unfair conduct.

61-29     (e) Insolvency, filing in bankruptcy, receivership or assigning

61-30  for the benefit of creditors by any licensee or applicant for a license

61-31  under this chapter.

61-32     (f) Failure to pay the fee for renewal or reinstatement of a

61-33  license.

61-34     3.  The Commissioner shall, after notice and hearing, impose

61-35  upon the licensee a fine of $500 for each violation by the licensee of

61-36  any of the provisions of this chapter or regulations of the

61-37  Commissioner. If a fine is imposed pursuant to this section, the

61-38  costs of the proceeding, including investigative costs and attorney’s

61-39  fees, may be recovered by the Commissioner.

61-40     Sec. 67.  NRS 692A.105 is hereby amended to read as follows:

61-41     692A.105  1.  The Commissioner may refuse to license any

61-42  title agent or escrow officer or may suspend or revoke any license or

61-43  impose a fine of not more than $500 for each violation by entering

61-44  an order to that effect, with his findings in respect thereto, if upon a

61-45  hearing, it is determined that the applicant or licensee:

62-1      (a) In the case of a title agent, is insolvent or in such a financial

62-2  condition that he cannot continue in business with safety to his

62-3  customers;

62-4      (b) Has violated any provision of this chapter or any regulation

62-5  adopted pursuant thereto or has aided and abetted another to do so;

62-6      (c) Has committed fraud in connection with any transaction

62-7  governed by this chapter;

62-8      (d) Has intentionally or knowingly made any misrepresentation

62-9  or false statement to, or concealed any essential or material fact

62-10  known to him from, any principal or designated agent of the

62-11  principal in the course of the escrow business;

62-12     (e) Has intentionally or knowingly made or caused to be made

62-13  to the Commissioner any false representation of a material fact or

62-14  has suppressed or withheld from him any information which the

62-15  applicant or licensee possesses;

62-16     (f) Has failed without reasonable cause to furnish to the parties

62-17  of an escrow their respective statements of the settlement within a

62-18  reasonable time after the close of escrow;

62-19     (g) Has failed without reasonable cause to deliver, within a

62-20  reasonable time after the close of escrow, to the respective parties of

62-21  an escrow transaction any money, documents or other properties

62-22  held in escrow in violation of the provisions of the escrow

62-23  instructions;

62-24     (h) Has refused to permit an examination by the Commissioner

62-25  of his books and affairs or has refused or failed, within a reasonable

62-26  time, to furnish any information or make any report that may be

62-27  required by the Commissioner pursuant to the provisions of this

62-28  chapter;

62-29     (i) Has been convicted of a felony relating to the practice of

62-30  title agents or any misdemeanor of which an essential element is

62-31  fraud;

62-32     (j) In the case of a title agent, has failed to maintain complete

62-33  and accurate records of all transactions within the last 7 years;

62-34     (k) Has commingled the money of other persons with his own or

62-35  converted the money of other persons to his own use;

62-36     (l) Has failed, before the close of escrow, to obtain written

62-37  instructions concerning any essential or material fact or intentionally

62-38  failed to follow the written instructions which have been agreed

62-39  upon by the parties and accepted by the holder of the escrow;

62-40     (m) Has failed to disclose in writing that he is acting in the dual

62-41  capacity of escrow agent or agency and undisclosed principal in any

62-42  transaction;

62-43     (n) In the case of an escrow officer, has been convicted of, or

62-44  entered a plea of guilty or nolo contendere to, any crime involving

62-45  moral turpitude; or

63-1      (o) Has failed to obtain and maintain a copy of the executed

63-2  agreement or contract that establishes the conditions for the sale of

63-3  real property.

63-4      2.  It is sufficient cause for the imposition of a fine or the

63-5  refusal, suspension or revocation of the license of a partnership,

63-6  corporation or any other association if any member of the

63-7  partnership or any officer or director of the corporation or

63-8  association has been guilty of any act or omission directly arising

63-9  from the business activities of a title agent which would be cause for

63-10  such action had the applicant or licensee been a natural person.

63-11     3.  The Commissioner may suspend or revoke the license of a

63-12  title agent, or impose a fine, if the Commissioner finds that the title

63-13  agent:

63-14     (a) Failed to maintain adequate supervision of an escrow officer

63-15  title agent he has appointed or employed.

63-16     (b) Instructed an escrow officer to commit an act which would

63-17  be cause for the revocation of the escrow officer’s license and the

63-18  escrow officer committed the act. An escrow officer is not subject to

63-19  disciplinary action for committing such an act under instruction by

63-20  the title agent.

63-21     4.  The Commissioner may refuse to issue a license to any

63-22  person who, within 10 years before the date of applying for a current

63-23  license, has had suspended or revoked a license issued pursuant to

63-24  this chapter or a comparable license issued by any other state,

63-25  district or territory of the United States or any foreign country.

63-26     Sec. 68.  NRS 706.8841 is hereby amended to read as follows:

63-27     706.8841  1.  The Administrator shall issue a driver’s permit

63-28  to qualified persons who wish to be employed by certificate holders

63-29  as taxicab drivers. Before issuing a driver’s permit, the

63-30  Administrator shall:

63-31     (a) Require the applicant to submit a set of his fingerprints,

63-32  which must be forwarded to the Federal Bureau of Investigation to

63-33  ascertain whether the applicant has a criminal record and the nature

63-34  of any such record, and shall further investigate the applicant’s

63-35  background; and

63-36     (b) Require proof that the applicant:

63-37         (1) Has been a resident of the State for 30 days before his

63-38  application for a permit;

63-39         (2) Can read and orally communicate in the English

63-40  language; and

63-41         (3) Has a valid license issued under NRS 483.325 which

63-42  authorizes him to drive a taxicab in this state.

63-43     2.  The Administrator may refuse to issue a driver’s permit if

63-44  the applicant has been convicted of:

64-1      (a) A felony[, other than a felony involving any sexual offense,]

64-2  relating to the practice of taxicab drivers in this state or any other

64-3  jurisdiction [within 5 years before the date of the application;] at

64-4  any time before the date of the application;

64-5      (b) A felony involving any sexual offense in this state or any

64-6  other jurisdiction at any time before the date of the application; or

64-7      (c) A violation of NRS 484.379 or 484.3795 or a law of any

64-8  other jurisdiction that prohibits the same or similar conduct within 3

64-9  years before the date of the application.

64-10     3.  The Administrator may refuse to issue a driver’s permit if

64-11  the Administrator, after the background investigation of the

64-12  applicant, determines that the applicant is morally unfit or if the

64-13  issuance of the driver’s permit would be detrimental to public

64-14  health, welfare or safety.

64-15     4.  A taxicab driver shall pay to the Administrator, in advance,

64-16  $20 for an original driver’s permit and $5 for a renewal.

64-17     Sec. 69.  NRS 176A.860 is hereby repealed.

64-18     Sec. 70.  1.  If, before October 1, 2003, a person was:

64-19     (a) Honorably discharged from probation pursuant to

64-20  NRS 176A.850;

64-21     (b) Pardoned pursuant to NRS 213.090;

64-22     (c) Honorably discharged from parole pursuant to NRS 213.154

64-23  and 213.155; or

64-24     (d) Released from prison and not subject to probation or parole

64-25  pursuant to NRS 213.157,

64-26  and the person has not had his civil rights restored, the person may

64-27  request a restoration of his civil rights by filing a written request

64-28  with the district court for the county in which the person resides.

64-29     2.  If a person files a written request with the district court

64-30  pursuant to subsection 1, the district court shall:

64-31     (a) Enter a court order restoring the civil rights of the person and

64-32  releasing the person from all penalties and disabilities which

64-33  resulted from the offense or crime of which the person was

64-34  convicted; and

64-35     (b) As soon as reasonably practicable after entry of the court

64-36  order:

64-37         (1) Provide written notice to the registrar of voters for the

64-38  county in which the person resides that the right to vote of the

64-39  person has been restored; and

64-40         (2) Provide written notice to the person that his civil rights

64-41  have been restored. The person may present the written notice to the

64-42  registrar of voters for the county in which the person resides as

64-43  proof that his right to vote has been restored.

65-1      3.  A person must not be required to pay a fee to have his civil

65-2  rights restored or to be released from penalties and disabilities

65-3  pursuant to this section.

65-4      Sec. 71.  1.  This section and sections 1 to 52, inclusive, and

65-5  54 to 70, inclusive, of this act become effective on July 1, 2003.

65-6      2.  Section 52 of this act expires by limitation on the date on

65-7  which the provisions of 42 U.S.C. § 666 requiring each state to

65-8  establish procedures under which the state has authority to withhold

65-9  or suspend, or to restrict the use of professional, occupational and

65-10  recreational licenses of persons who:

65-11     (a) Have failed to comply with a subpoena or warrant relating to

65-12  a proceeding to determine the paternity of a child or to establish or

65-13  enforce an obligation for the support of a child; or

65-14     (b) Are in arrears in the payment for support of one or more

65-15  children,

65-16  are repealed by the Congress of the United States.

65-17     3.  Section 53 of this act becomes effective on the date on

65-18  which the provisions of 42 U.S.C. § 666 requiring each state to

65-19  establish procedures under which the state has authority to withhold

65-20  or suspend, or to restrict the use of professional, occupational and

65-21  recreational licenses of persons who:

65-22     (a) Have failed to comply with a subpoena or warrant relating to

65-23  a proceeding to determine the paternity of a child or to establish or

65-24  enforce an obligation for the support of a child; or

65-25     (b) Are in arrears in the payment for support of one or more

65-26  children,

65-27  are repealed by the Congress of the United States.

 

65-28  TEXT OF REPEALED SECTION

 

65-29     176A.860  Procedure for applying for restoration of civil

65-30   rights after honorable discharge.

65-31     1.  If a person is granted an honorable discharge from

65-32   probation, not sooner than 6 months after his honorable discharge,

65-33   the person may apply to the Division to request a restoration of his

65-34   civil rights if the person:

65-35     (a) Has not previously been restored to his civil rights; and

65-36     (b) Has not been convicted of any offense greater than a traffic

65-37   violation after his honorable discharge.

65-38     2.  If a person applies to the Division to request a restoration of

65-39   his civil rights, the person must submit with his application a

65-40   current, certified record of his criminal history received from the

66-1  Central Repository for Nevada Records of Criminal History. If the

66-2  Division determines after an investigation that the person meets the

66-3   requirements of this section, the Division shall petition the court in

66-4   which the person was convicted for an order granting the

66-5   restoration of his civil rights. If the Division refuses to submit such

66-6   a petition, the person may, after notice to the Division, directly

66-7   petition the court for an order granting the restoration of his civil

66-8   rights.

 

66-9  H