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.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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; 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:
1-1 Section 1. NRS 176A.850 is hereby amended to read as
1-2 follows:
1-3 176A.850 1. A person who:
1-4 (a) Has fulfilled the conditions of his probation for the entire
1-5 period thereof;
2-1 (b) Is recommended for earlier discharge by the Division; or
2-2 (c) Has demonstrated his fitness for honorable discharge but
2-3 because of economic hardship, verified by a parole and probation
2-4 officer, has been unable to make restitution as ordered by the
2-5 court,
2-6 may be granted an honorable discharge from probation by order of
2-7 the court.
2-8 2. Any amount of restitution remaining unpaid constitutes a
2-9 civil liability arising upon the date of discharge.
2-10 3. A person honorably discharged from probation:
2-11 (a) Is free from the terms and conditions of his probation . [;
2-12 (b) If he meets the requirements of NRS 176A.860, may apply
2-13 to the Division to request a restoration of his civil rights; and
2-14 (c)] (b) Is immediately restored to the following civil rights:
2-15 (1) The right to vote; and
2-16 (2) The right to hold office.
2-17 (c) Two years after the date of his honorable discharge from
2-18 probation, is restored to the right to serve on a jury.
2-19 (d) If he meets the requirements of NRS 179.245, may apply to
2-20 the court for the sealing of records relating to his conviction. [The
2-21 person must]
2-22 (e) Must be informed of the provisions of this section and NRS
2-23 [176A.860 and] 179.245 in his probation papers.
2-24 [4. A person honorably discharged from probation who has had
2-25 his civil rights restored by the court:
2-26 (a)] (f) Is exempt from the requirements of chapter 179C of
2-27 NRS, but is not exempt from the requirements of chapter 179D of
2-28 NRS.
2-29 [(b) May vote, hold office or serve as a juror.
2-30 (c)] (g) Shall disclose the conviction to a gaming establishment
2-31 and to the State and its agencies, departments, boards, commissions
2-32 and political subdivisions, if required in an application for
2-33 employment, license or other permit. As used in this paragraph,
2-34 “establishment” has the meaning ascribed to it in NRS 463.0148.
2-35 [(d)] (h) Except as otherwise provided in paragraph [(c),] (g),
2-36 need not disclose the conviction to an employer or prospective
2-37 employer.
2-38 [5.] 4. The prior conviction of a person [whose civil rights
2-39 have been restored or] who has been honorably discharged from
2-40 probation may be used for purposes of impeachment. In any
2-41 subsequent prosecution of the person , [who has had his civil rights
2-42 restored or who has been honorably discharged from probation,] the
2-43 prior conviction may be pleaded and proved if otherwise admissible.
2-44 5. Upon his honorable discharge from probation, the person
2-45 so discharged must be given an official document which
3-1 demonstrates that he has received an honorable discharge from
3-2 probation.
3-3 6. A person who has been honorably discharged from
3-4 probation in this state or any other state and whose official
3-5 documentation of his discharge is lost, damaged or destroyed may
3-6 file a written request with a court of competent jurisdiction to
3-7 restore his civil rights pursuant to this section. Upon verification
3-8 that the person has been honorably discharged from probation,
3-9 the court shall issue an order restoring the person to the civil
3-10 rights set forth in subsection 3. A person must not be required to
3-11 pay a fee to receive such an order.
3-12 7. A person who is honorably discharged from probation in
3-13 this state or any other state may present official documentation of
3-14 his honorable discharge from probation or a court order restoring
3-15 his civil rights as proof that he has been restored to his right to
3-16 vote, to hold office and to serve as a juror.
3-17 Sec. 2. NRS 179.285 is hereby amended to read as follows:
3-18 179.285 Except as otherwise provided in NRS 179.301 [, if] :
3-19 1. If the court orders a record sealed pursuant to NRS
3-20 176A.265, 179.245, 179.255, 179.259 or 453.3365:
3-21 [1.] (a) All proceedings recounted in the record are deemed
3-22 never to have occurred, and the person to whom the order pertains
3-23 may properly answer accordingly to any inquiry , including,
3-24 without limitation, an inquiry relating to an application for
3-25 employment, concerning the arrest, conviction, dismissal or
3-26 acquittal and the events and proceedings relating to the arrest,
3-27 conviction, dismissal or acquittal.
3-28 [2. The court shall order the civil rights of the person to whom
3-29 the order pertains to be restored if the person has not been restored
3-30 to his civil rights.]
3-31 (b) The person is immediately restored to the following civil
3-32 rights if his civil rights previously have not been restored:
3-33 (1) The right to vote;
3-34 (2) The right to hold office; and
3-35 (3) The right to serve on a jury.
3-36 2. Upon the sealing of his records, a person who is restored to
3-37 his civil rights must be given an official document which
3-38 demonstrates that he has been restored to the civil rights set forth
3-39 in paragraph (b) of subsection 1.
3-40 3. A person who has had his records sealed in this state or
3-41 any other state and whose official documentation of the
3-42 restoration of his civil rights is lost, damaged or destroyed may file
3-43 a written request with a court of competent jurisdiction to restore
3-44 his civil rights pursuant to this section. Upon verification that the
3-45 person has had his records sealed, the court shall issue an order
4-1 restoring the person to the civil rights to vote, to hold office and to
4-2 serve on a jury. A person must not be required to pay a fee to
4-3 receive such an order.
4-4 4. A person who has had his records sealed in this state or
4-5 any other state may present official documentation that he has
4-6 been restored to his civil rights or a court order restoring his civil
4-7 rights as proof that he has been restored to the right to vote, to
4-8 hold office and to serve as a juror.
4-9 Sec. 3. NRS 179.301 is hereby amended to read as follows:
4-10 179.301 1. The State Gaming Control Board and the Nevada
4-11 Gaming Commission and their employees, agents and
4-12 representatives may inquire into and inspect any records sealed
4-13 pursuant to NRS 179.245 or 179.255, if the event or conviction was
4-14 related to gaming, for purposes of determining the suitability or
4-15 qualifications of any person to hold a state gaming license,
4-16 manufacturer’s, seller’s or distributor’s license or gaming work
4-17 permit pursuant to chapter 463 of NRS. Events and convictions, if
4-18 any, which are the subject of an order sealing records [may] :
4-19 (a) May form the basis for recommendation, denial or
4-20 revocation of those licenses . [or work permits.]
4-21 (b) Must not form the basis for denial or rejection of a gaming
4-22 work permit unless the event or conviction relates to the
4-23 applicant’s suitability or qualifications to hold the work permit.
4-24 2. The Central Repository for Nevada Records of Criminal
4-25 History and its employees may inquire into and inspect any records
4-26 sealed pursuant to NRS 179.245 or 179.255 that constitute
4-27 information relating to sexual offenses, and may notify employers of
4-28 the information in accordance with NRS 179A.180 to 179A.240,
4-29 inclusive.
4-30 3. Records which have been sealed pursuant to NRS 179.245
4-31 or 179.255 and which are retained in the statewide registry
4-32 established pursuant to NRS 179B.200 may be inspected pursuant to
4-33 chapter 179B of NRS by an officer or employee of the Central
4-34 Repository or a law enforcement officer in the regular course of his
4-35 duties.
4-36 Sec. 4. NRS 179C.010 is hereby amended to read as follows:
4-37 179C.010 1. Except as otherwise provided in subsection 2, as
4-38 used in this chapter, unless the context otherwise requires,
4-39 “convicted person” means:
4-40 (a) A person convicted in the State of Nevada [of an offense that
4-41 is punishable as a felony] or convicted in any place other than the
4-42 State of Nevada of [a felony;
4-43 (b) A person convicted in the State of Nevada, or elsewhere, of
4-44 the violation of a law, regardless of whether the violation is
4-45 punishable as a felony:
5-1 (1) Relating to or regulating the possession, distribution,
5-2 furnishing or use of a habit-forming drug of the kind or character
5-3 described and referred to in the Uniform Controlled Substances Act;
5-4 (2) Regulating or prohibiting the carrying, possession or
5-5 ownership of a concealed weapon, deadly weapon or weapon
5-6 capable of being concealed, or regulating or prohibiting the
5-7 possession, sale or use of a device, instrument or attachment
5-8 designed or intended to be used to silence the report or conceal the
5-9 discharge or flash of any firearm; or
5-10 (3) Regulating or prohibiting the use, possession,
5-11 manufacture or compounding of tear gas, or any other gas, that may
5-12 be used to disable temporarily or permanently a human being; or(c)
5-13 A person convicted in the State of Nevada, or elsewhere, of an
5-14 attempt or a conspiracy to commit an offense described or referred
5-15 to in this subsection.] two or more offenses punishable as felonies.
5-16 2. For the purposes of this chapter, “convicted person” does not
5-17 include:
5-18 (a) A person who has been convicted of a crime against a child,
5-19 as defined in NRS 179D.210, or a sexual offense, as defined in NRS
5-20 179D.410; or
5-21 (b) Except as otherwise provided in this chapter, a person whose
5-22 conviction is or has been set aside in the manner provided by law.
5-23 Sec. 5. NRS 179C.100 is hereby amended to read as follows:
5-24 179C.100 1. It is unlawful for a convicted person to be or
5-25 remain in the State of Nevada for a period of more than 48 hours
5-26 without, during such 48-hour period, registering with the sheriff of a
5-27 county or the chief of police of a city in the manner prescribed in
5-28 this section.
5-29 2. A convicted person who does not reside in the State of
5-30 Nevada but who has a temporary or permanent place of abode
5-31 outside the State of Nevada, and who comes into the State on five
5-32 occasions or more during any 30-day period, is subject to the
5-33 provisions of this chapter.
5-34 3. A person who has registered as a convicted person with the
5-35 sheriff of a county or the chief of police of a city shall register again
5-36 as provided in this section if he subsequently commits another
5-37 offense described or referred to in this chapter.
5-38 4. A person required by this section to register shall do so by
5-39 filing with the sheriff or chief of police a statement in writing, upon
5-40 a form prescribed and furnished by the sheriff or chief of police,
5-41 which is signed by the person and which provides the following
5-42 information:
5-43 (a) His true name and each alias that he has used or under which
5-44 he may have been known;
5-45 (b) A full and complete description of his person;
6-1 (c) The kind, character and nature of each crime of which he has
6-2 been convicted;
6-3 (d) The place in which he was convicted of each crime;
6-4 (e) The name under which he was convicted in each instance
6-5 and the date thereof;
6-6 (f) The name, if any, and the location of each prison,
6-7 reformatory, jail or other penal institution in which he was confined
6-8 or to which he was sentenced;
6-9 (g) The location and address of his residence, stopping place,
6-10 living quarters or place of abode, and if more than one residence,
6-11 stopping place or place of abode, that fact must be stated and the
6-12 location and address of each given;
6-13 (h) The kind of residence, stopping place, or place of abode in
6-14 which he resides, including whether it is a private residence, hotel,
6-15 apartment house or other building or structure;
6-16 (i) The length of time he has occupied each place of residence,
6-17 stopping place or place of abode, and the length of time he expects
6-18 or intends to remain in the State of Nevada; and
6-19 (j) Any further information that may be required by the sheriff
6-20 or chief of police for the purpose of aiding and assisting in carrying
6-21 into effect the provisions and intent of this chapter.
6-22 5. The sheriff of a county or the chief of police of a city shall
6-23 not require a convicted person to carry a registration card, and no
6-24 convicted person who is required to register pursuant to this
6-25 section may be punished for the failure to carry a registration
6-26 card.
6-27 6. When so ordered in the individual case by the district court
6-28 in which the conviction was obtained, by the State Board of Parole
6-29 Commissioners or by the State Board of Pardons Commissioners,
6-30 whichever is appropriate, the provisions of this section do not apply
6-31 to a convicted person who has had his civil rights restored.
6-32 Sec. 6. NRS 6.010 is hereby amended to read as follows:
6-33 6.010 [Every] Except as otherwise provided in this section,
6-34 every qualified elector of the State, whether registered or not, who
6-35 has sufficient knowledge of the English language, and who hasnot
6-36 been convicted of treason , a felony, or other infamous crime, and
6-37 who isnot rendered incapable by reason of physical or mental
6-38 infirmity, is a qualified juror of the county in which he resides. A
6-39 person who has been convicted of a felony is not a qualified juror
6-40 of the county in which he resides until his civil right to serve as a
6-41 juror has been restored pursuant to NRS 176A.850, 179.285,
6-42 213.090, 213.155 or 213.157.
6-43 Sec. 7. NRS 119A.230 is hereby amended to read as follows:
6-44 119A.230 1. The Administrator may impose a fine or
6-45 suspend, revoke, reissue, subject to conditions, or deny the renewal
7-1 of any sales agent’s license issued under the provisions of this
7-2 chapter at any time if the sales agent has, by false or fraudulent
7-3 application or representation, obtained a license or, whether or not
7-4 acting as a sales agent, is found guilty of:
7-5 (a) Making any material misrepresentation;
7-6 (b) Making any false promises of a character likely to influence,
7-7 persuade or induce;
7-8 (c) Engaging in any fraudulent, misleading or oppressive sales
7-9 techniques or tactics;
7-10 (d) Accepting a commission or valuable consideration as a sales
7-11 agent for the performance of any of the acts specified in this chapter
7-12 from any person except a licensed project broker with whom the
7-13 sales agent is associated or the developer by whom he is employed;
7-14 (e) Failing, within a reasonable time, to account for or remit or
7-15 turn over to the project broker any money which comes into his
7-16 possession and which belongs to others;
7-17 (f) Violating any of the provisions of this chapter or chapter
7-18 119B of NRS or of any regulation adopted pursuant to either
7-19 chapter, or willfully aiding or abetting another to do so; or
7-20 (g) A felony relating to the practice of a sales agent or other
7-21 crime of moral turpitude or has entered a plea of nolo contendere to
7-22 a felony relating to the practice of a sales agent or other crime of
7-23 moral turpitude.
7-24 2. The Administrator may investigate the actions of any sales
7-25 agent or any person who acts in such a capacity within the State of
7-26 Nevada.
7-27 Sec. 8. NRS 138.020 is hereby amended to read as follows:
7-28 138.020 1. No person is qualified to serve as an executor
7-29 who, at the time the will is probated:
7-30 (a) Is under the age of majority;
7-31 (b) Has been convicted of a felony[;] relating to the position of
7-32 an executor;
7-33 (c) Upon proof, is adjudged by the court disqualified to execute
7-34 the duties of executor by reason of drunkenness, improvidence or
7-35 lack of integrity or understanding; or
7-36 (d) Is a bank not authorized to do business in the State of
7-37 Nevada, unless it associates as coexecutor a bank authorized to do
7-38 business in this state. An out-of-state bank is qualified to appoint a
7-39 substitute executor, pursuant to NRS 138.045, without forming such
7-40 an association, but any natural person so appointed must be a
7-41 resident of this state.
7-42 2. If a disqualified person is named as the sole executor in a
7-43 will, or if all persons so named are disqualified or renounce their
7-44 right to act, or fail to appear and qualify, letters of administration
7-45 with the will annexed must issue.
8-1 Sec. 9. NRS 139.010 is hereby amended to read as follows:
8-2 139.010 No person is entitled to letters of administration who:
8-3 1. Is under the age of majority;
8-4 2. Has been convicted of a felony[;] relating to the position of
8-5 an administrator;
8-6 3. Upon proof, is adjudged by the court disqualified by reason
8-7 of conflict of interest, drunkenness, improvidence, or lack of
8-8 integrity or understanding; or
8-9 4. Is not a resident of the State of Nevada and who does not
8-10 associate as coadministrator a resident of the State of Nevada or
8-11 which, in the case of a banking corporation, is not authorized to do
8-12 business in this state and does not associate as coadministrator a
8-13 resident of the State of Nevada or a banking corporation authorized
8-14 to do business in this state.
8-15 Sec. 10. NRS 159.059 is hereby amended to read as follows:
8-16 159.059 Any qualified person or entity that the court finds
8-17 suitable may serve as a guardian. A person is not qualified to serve
8-18 as a guardian who:
8-19 1. Is an incompetent.
8-20 2. Is a minor.
8-21 3. Has been convicted of a felony[.] relating to the position of
8-22 a guardian.
8-23 4. Has been suspended for misconduct or disbarred from the
8-24 practice of law during the period of the suspension or disbarment.
8-25 5. Is a nonresident of this state and has not:
8-26 (a) Associated as a coguardian, a resident of this state or a
8-27 banking corporation whose principal place of business is in this
8-28 state; and
8-29 (b) Caused the appointment to be filed in the guardianship
8-30 proceeding.
8-31 6. Has been judicially determined, by clear and convincing
8-32 evidence, to have committed abuse, neglect or exploitation of a
8-33 child, spouse, parent or other adult.
8-34 Sec. 11. NRS 197.230 is hereby amended to read as follows:
8-35 197.230 The conviction of a public officer of any felony
8-36 relating to the qualifications, functions or duties of the public
8-37 office or malfeasance in office shall entail, in addition to such other
8-38 penalty as may be imposed, the forfeiture of his office, and shall
8-39 disqualify him from ever afterward holding any public office in this
8-40 state.
8-41 Sec. 12. NRS 202.760 is hereby amended to read as follows:
8-42 202.760 It is unlawful for any person:
8-43 1. Who is under indictment for, or has been convicted in any
8-44 court of, a crime relating to the practice of shipping or
9-1 transporting explosives that is punishable by imprisonment for a
9-2 term exceeding 1 year;
9-3 2. Who is a fugitive from justice;
9-4 3. Who is an unlawful user of or addicted to any depressant or
9-5 stimulant drug or any controlled substance; or
9-6 4. Who has been judicially declared mentally ill or who has
9-7 been committed to a hospital as mentally ill,
9-8 to ship or transport any explosive within the State or to receive any
9-9 explosive which has been shipped or transported within the State.
9-10 Sec. 13. NRS 213.090 is hereby amended to read as follows:
9-11 213.090 1. [When a pardon] A person who is granted a
9-12 pardon for any offense committed : [, the pardon may or may not
9-13 include restoration of civil rights. If the pardon includes restoration
9-14 of civil rights , it must be so stated in the instrument or certificate of
9-15 pardon and, when granted upon conditions, limitations or
9-16 restrictions, they must be fully set forth in the instrument.
9-17 2. In any case where a convicted person has received a pardon
9-18 without immediate restoration of his civil rights, he may apply to the
9-19 State Board of Pardons Commissioners for restoration of his civil
9-20 rights and release from penalties and disabilities resulting from the
9-21 offense or crime of which he was convicted.
9-22 3. Upon receiving an application pursuant to subsection 2, the
9-23 Board shall determine whether the applicant has received a pardon.
9-24 If the Board determines that the applicant has received a pardon, the
9-25 Board shall, as soon as reasonably practicable, restore him to his
9-26 civil rights and release him from all penalties and disabilities
9-27 resulting from the offense or crime of which he was convicted.
9-28 4. An applicant]
9-29 (a) Is immediately restored to the following civil rights:
9-30 (1) The right to vote; and
9-31 (2) The right to hold office.
9-32 (b) Two years after the date that his pardon is granted, is
9-33 restored to the right to serve on a jury.
9-34 2. Upon receiving a pardon, a person so pardoned must be
9-35 given an official document which demonstrates that he has been
9-36 granted a pardon.
9-37 3. A person who has been granted a pardon in this state or
9-38 any other state and whose official documentation of the pardon is
9-39 lost, damaged or destroyed may file a written request with a court
9-40 of competent jurisdiction to restore his civil rights pursuant to this
9-41 section. Upon verification that the person has been granted a
9-42 pardon, the court shall issue an order restoring the person to the
9-43 civil rights set forth in subsection 1. A person must not be required
9-44 to pay a fee to receive such an order.
10-1 4. A person who has been granted a pardon in this state or
10-2 any other state may present official documentation of his pardon
10-3 or a court order restoring his civil rights as proof that he has been
10-4 restored to his right to vote, to hold office and to serve as a juror.
10-5 A person must not be required to pay a fee to [have his civil rights
10-6 restored or to be released from penalties and disabilities pursuant to
10-7 this section.] receive such an order.
10-8 Sec. 14. NRS 213.155 is hereby amended to read as follows:
10-9 213.155 1. [The Board may restore a paroled prisoner to his
10-10 civil rights, conditioned upon the prisoner receiving] A person who
10-11 receives an honorable discharge from parole pursuant to NRS
10-12 213.154 : [. Such restoration must take effect at the expiration of the
10-13 parole of the prisoner.
10-14 2. In any case where a convicted person has completed his
10-15 parole without immediate restoration of his civil rights and has been
10-16 issued an honorable discharge from parole pursuant to NRS
10-17 213.154, he may apply to the Division to request a restoration of his
10-18 civil rights and release from penalties and disabilities which resulted
10-19 from the offense or crime of which he was convicted.
10-20 3. Upon receiving an application pursuant to subsection 2, the
10-21 Division shall determine whether the applicant has received an
10-22 honorable discharge from parole. If the Division determines that the
10-23 applicant has received an honorable discharge, the Division shall
10-24 forward the application to the Board.
10-25 4. Upon receiving an application pursuant to subsection 3, the
10-26 Board shall, as soon as reasonably practicable, restore the applicant
10-27 to his civil rights and release him from all penalties and disabilities
10-28 resulting from the offense or crime of which he was convicted.
10-29 5. An applicant]
10-30 (a) Is immediately restored to the following civil rights:
10-31 (1) The right to vote; and
10-32 (2) The right to hold office.
10-33 (b) Two years after the date of his honorable discharge from
10-34 parole, is restored to the right to serve on a jury.
10-35 2. Upon his honorable discharge from parole, the person so
10-36 discharged must be given an official document which
10-37 demonstrates that he has received an honorable discharge from
10-38 parole.
10-39 3. A person who has been honorably discharged from parole
10-40 in this state or any other state and whose official documentation of
10-41 his honorable discharge is lost, damaged or destroyed may file a
10-42 written request with a court of competent jurisdiction to restore his
10-43 civil rights pursuant to this section. Upon verification that the
10-44 person has been honorably discharged from probation, the court
10-45 shall issue an order restoring the person to the civil rights set forth
11-1 in subsection 1. A person must not be required to pay a fee to
11-2 receive such an order.
11-3 4. A person who is honorably discharged from parole in this
11-4 state or any other state may present official documentation of his
11-5 honorable discharge from probation or a court order restoring his
11-6 civil rights as proof that he has been restored to his right to vote,
11-7 to hold office and to serve as a juror. A person must not be
11-8 required to pay a fee to [have his civil rights are restored or to be
11-9 released from penalties and disabilities pursuant to this section.
11-10 6.] receive such an order.
11-11 5. The Board may adopt regulations necessary or convenient
11-12 for the purposes of this section.
11-13 Sec. 15. NRS 213.157 is hereby amended to read as follows:
11-14 213.157 1. [In any case where a] A person convicted of a
11-15 felony in the State of Nevada who has served his sentence [and] ,
11-16 has been released from prison [, he may apply to the Division
11-17 requesting restoration of his civil rights and release from all
11-18 penalties and disabilities which resulted from the offense or crime of
11-19 which he was convicted .
11-20 2. Upon receiving an application pursuant to subsection 1, the
11-21 Division shall determine whether the applicant has served his
11-22 sentence and been released from prison. If the Division determines
11-23 that the applicant has served his sentence and been released from
11-24 prison, the Division shall forward the application to the district court
11-25 in which the conviction was obtained.
11-26 3. Upon receiving an application pursuant to subsection 2, the
11-27 court shall, as soon as reasonably practicable, restore the civil rights
11-28 of the applicant and release him from all penalties and disabilities
11-29 which resulted from the offense or crime of which he was convicted.
11-30 4. An applicant] and is not subject to a period of parole or
11-31 probation:
11-32 (a) Is immediately restored to the following civil rights:
11-33 (1) The right to vote; and
11-34 (2) The right to hold office.
11-35 (b) Two years after the date of his release from prison, is
11-36 restored to the right to serve on a jury.
11-37 2. Upon his release from prison without a period of parole or
11-38 probation, a person so released must be given an official
11-39 document which demonstrates that he has been released from
11-40 prison and is not subject to a period of parole or probation.
11-41 3. A person who is released from prison in this state or any
11-42 other state and who is not subject to a period of parole or
11-43 probation in this state or any other state and whose official
11-44 documentation of his release is lost, damaged or destroyed may
11-45 file a written request with a court of competent jurisdiction to
12-1 restore his civil rights pursuant to this section. Upon verification
12-2 that the person has been released from prison and is not subject to
12-3 a period of parole or probation, the court shall issue an order
12-4 restoring the person to the civil rights set forth in subsection 1. A
12-5 person must not be required to pay a fee to receive such an order.
12-6 4. A person who is released from prison and who is not
12-7 subject to a period of parole or probation in this state or any other
12-8 state may present official documentation of his release or a court
12-9 order restoring his civil rights as proof that he has been restored to
12-10 his right to vote, to hold office and to serve as a juror. A person
12-11 must not be required to pay a fee to [have his civil rights restored or
12-12 to be released from penalties and disabilities pursuant to this
12-13 section.] receive such an order.
12-14 Sec. 16. NRS 248.010 is hereby amended to read as follows:
12-15 248.010 1. Sheriffs [shall] must be elected by the qualified
12-16 electors of their respective counties.
12-17 2. Sheriffs [shall] must be chosen by the electors of their
12-18 respective counties at the general election in 1922, and at the
12-19 general election every 4 years thereafter, and shall enter upon the
12-20 duties of their respective offices on the [1st] first Monday of
12-21 January subsequent to their election.
12-22 3. A person who has been convicted of a felony in this state or
12-23 any other state is not qualified to be a candidate for or elected or
12-24 appointed to the office of sheriff regardless of whether he has
12-25 been restored to his civil rights.
12-26 Sec. 17. NRS 258.010 is hereby amended to read as follows:
12-27 258.010 1. Except as otherwise provided in subsections 2
12-28 and 3:
12-29 (a) Constables must be elected by the qualified electors of their
12-30 respective townships.
12-31 (b) The constables of the several townships of the State must be
12-32 chosen at the general election of 1966, and shall enter upon the
12-33 duties of their offices on the first Monday of January next
12-34 succeeding their election, and hold their offices for the term of 4
12-35 years thereafter, until their successors are elected and qualified.
12-36 (c) Constables must receive certificates of election from the
12-37 boards of county commissioners of their respective counties.
12-38 2. In a county which includes only one township, the board of
12-39 county commissioners may, by resolution, appoint the sheriff ex
12-40 officio constable to serve without additional compensation. The
12-41 resolution must not become effective until the completion of the
12-42 term of office for which a constable may have been elected.
12-43 3. In a county whose population:
12-44 (a) Is less than 400,000, if the board of county commissioners
12-45 determines that the office of constable is not necessary in one or
13-1 more townships within the county, it may, by ordinance, abolish the
13-2 office of constable in those townships.
13-3 (b) Is 400,000 or more, if the board of county commissioners
13-4 determines that the office of constable is not necessary in one or
13-5 more townships within the county, it may, by ordinance, abolish the
13-6 office in those townships, but the abolition does not become
13-7 effective as to a particular township until the constable incumbent
13-8 on May 28, 1979, does not seek, or is defeated for, reelection.
13-9 For a township in which the office of constable has been abolished,
13-10 the board of county commissioners may, by resolution, appoint the
13-11 sheriff ex officio constable to serve without additional
13-12 compensation.
13-13 4. A person who has been convicted of a felony in this state or
13-14 any other state is not qualified to be a candidate for or elected or
13-15 appointed to the office of constable regardless of whether he has
13-16 been restored to his civil rights.
13-17 Sec. 18. Chapter 289 of NRS is hereby amended by adding
13-18 thereto a new section to read as follows:
13-19 A person who has been convicted of a felony in this state or any
13-20 other state is not qualified to serve as a category I peace officer,
13-21 category II peace officer or category III peace officer regardless of
13-22 whether he has been restored to his civil rights.
13-23 Sec. 19. NRS 289.450 is hereby amended to read as follows:
13-24 289.450 As used in NRS 289.450 to 289.600, inclusive, and
13-25 section 18 of this act, unless the context otherwise requires, the
13-26 words and terms defined in NRS 289.460 to 289.490, inclusive,
13-27 have the meanings ascribed to them in those sections.
13-28 Sec. 20. NRS 386.549 is hereby amended to read as follows:
13-29 386.549 1. The governing body of a charter school must
13-30 consist of at least three teachers, as defined in subsection 4, and may
13-31 consist of, without limitation, parents and representatives of
13-32 nonprofit organizations and businesses. A majority of the members
13-33 of the governing body must reside in this state. If the membership of
13-34 the governing body changes, the governing body shall provide
13-35 written notice to the sponsor of the charter school within 10 working
13-36 days after such change. A person may serve on the governing body
13-37 only if he submits an affidavit to the Department indicating that the
13-38 person has not been convicted of a felony relating to serving on the
13-39 governing body of a charter school or any offense involving moral
13-40 turpitude.
13-41 2. The governing body of a charter school is a public body. It is
13-42 hereby given such reasonable and necessary powers, not conflicting
13-43 with the Constitution and the laws of the State of Nevada, as may be
13-44 requisite to attain the ends for which the charter school is
14-1 established and to promote the welfare of pupils who are enrolled in
14-2 the charter school.
14-3 3. The governing body of a charter school shall, during each
14-4 calendar quarter, hold at least one regularly scheduled public
14-5 meeting in the county in which the charter school is located.
14-6 4. As used in subsection 1, “teacher” means a person who:
14-7 (a) Holds a current license to teach issued pursuant to chapter
14-8 391 of NRS; and
14-9 (b) Has at least 2 years of experience as an employed
14-10 teacher.
14-11 The term does not include a person who is employed as a substitute
14-12 teacher.
14-13 Sec. 21. NRS 391.312 is hereby amended to read as follows:
14-14 391.312 1. A teacher may be suspended, dismissed or not
14-15 reemployed and an administrator may be demoted, suspended,
14-16 dismissed or not reemployed for the following reasons:
14-17 (a) Inefficiency;
14-18 (b) Immorality;
14-19 (c) Unprofessional conduct;
14-20 (d) Insubordination;
14-21 (e) Neglect of duty;
14-22 (f) Physical or mental incapacity;
14-23 (g) A justifiable decrease in the number of positions due to
14-24 decreased enrollment or district reorganization;
14-25 (h) Conviction of a felony relating to the position of the teacher
14-26 or administrator or of a crime involving moral turpitude;
14-27 (i) Inadequate performance;
14-28 (j) Evident unfitness for service;
14-29 (k) Failure to comply with such reasonable requirements as a
14-30 board may prescribe;
14-31 (l) Failure to show normal improvement and evidence of
14-32 professional training and growth;
14-33 (m) Advocating overthrow of the Government of the United
14-34 States or of the State of Nevada by force, violence or other unlawful
14-35 means, or the advocating or teaching of communism with the intent
14-36 to indoctrinate pupils to subscribe to communistic philosophy;
14-37 (n) Any cause which constitutes grounds for the revocation of a
14-38 teacher’s license;
14-39 (o) Willful neglect or failure to observe and carry out the
14-40 requirements of this title;
14-41 (p) Dishonesty;
14-42 (q) Breaches in the security or confidentiality of the questions
14-43 and answers of the achievement and proficiency examinations that
14-44 are administered pursuant to NRS 389.015;
15-1 (r) Intentional failure to observe and carry out the requirements
15-2 of a plan to ensure the security of examinations adopted pursuant to
15-3 NRS 389.616 or 389.620; or
15-4 (s) An intentional violation of NRS 388.5265 or 388.527.
15-5 2. In determining whether the professional performance of a
15-6 licensed employee is inadequate, consideration must be given to the
15-7 regular and special evaluation reports prepared in accordance with
15-8 the policy of the employing school district and to any written
15-9 standards of performance which may have been adopted by the
15-10 board.
15-11 Sec. 22. NRS 391.314 is hereby amended to read as follows:
15-12 391.314 1. If a superintendent has reason to believe that
15-13 cause exists for the dismissal of a licensed employee and he is of the
15-14 opinion that the immediate suspension of the employee is necessary
15-15 in the best interests of the pupils in the district, the superintendent
15-16 may suspend the employee without notice and without a hearing.
15-17 Notwithstanding the provisions of NRS 391.312, a superintendent
15-18 may suspend a licensed employee who has been officially charged
15-19 but not yet convicted of a felony relating to the position of the
15-20 licensed employee or a crime involving moral turpitude or
15-21 immorality. If the charge is dismissed or if the employee is found
15-22 not guilty, he must be reinstated with back pay, plus interest, and
15-23 normal seniority. The superintendent shall notify the employee in
15-24 writing of the suspension.
15-25 2. Within 5 days after a suspension becomes effective, the
15-26 superintendent shall begin proceedings pursuant to the provisions of
15-27 NRS 391.312 to 391.3196, inclusive, to effect the employee’s
15-28 dismissal. The employee is entitled to continue to receive his salary
15-29 and other benefits after the suspension becomes effective until the
15-30 date on which the dismissal proceedings are commenced. The
15-31 superintendent may recommend that an employee who has been
15-32 charged with a felony or a crime involving immorality be dismissed
15-33 for another ground set forth in NRS 391.312.
15-34 3. If sufficient grounds for dismissal do not exist, the employee
15-35 must be reinstated with full compensation, plus interest.
15-36 4. A licensed employee who furnishes to the school district a
15-37 bond or other security which is acceptable to the board as a
15-38 guarantee that he will repay any amounts paid to him pursuant to
15-39 this subsection as salary during a period of suspension is entitled to
15-40 continue to receive his salary from the date on which the dismissal
15-41 proceedings are commenced until the decision of the board or the
15-42 report of the hearing officer, if the report is final and binding. The
15-43 board shall not unreasonably refuse to accept security other than a
15-44 bond. An employee who receives salary pursuant to this subsection
16-1 shall repay it if he is dismissed or not reemployed as a result of a
16-2 decision of the board or a report of a hearing officer.
16-3 5. A licensed employee who is convicted of a crime which
16-4 requires registration pursuant to NRS 179D.200 to 179D.290,
16-5 inclusive, or 179D.350 to 179D.550, inclusive, or is convicted of an
16-6 act forbidden by NRS 200.508, 201.190 or 201.265 forfeits all rights
16-7 of employment from the date of his arrest.
16-8 6. A licensed employee who is convicted of [any crime] a
16-9 felony relating to the position of the licensed employee and who is
16-10 sentenced to and serves any sentence of imprisonment forfeits all
16-11 rights of employment from the date of his arrest or the date on
16-12 which his employment terminated, whichever is later.
16-13 7. A licensed employee who is charged with a felony relating
16-14 to the position of a licensed employee or a crime involving
16-15 immorality or moral turpitude and who waives his right to a speedy
16-16 trial while suspended may receive no more than 12 months of back
16-17 pay and seniority upon reinstatement if he is found not guilty or the
16-18 charges are dismissed, unless proceedings have been begun to
16-19 dismiss the employee upon one of the other grounds set forth in
16-20 NRS 391.312.
16-21 8. A superintendent may discipline a licensed employee by
16-22 suspending the employee with loss of pay at any time after a hearing
16-23 has been held which affords the due process provided for in this
16-24 chapter. The grounds for suspension are the same as the grounds
16-25 contained in NRS 391.312. An employee may be suspended more
16-26 than once during the employee’s contract year, but the total number
16-27 of days of suspension may not exceed 20 in 1 contract year. Unless
16-28 circumstances require otherwise, the suspensions must be
16-29 progressively longer.
16-30 Sec. 23. NRS 391.330 is hereby amended to read as follows:
16-31 391.330 The State Board may suspend or revoke the license of
16-32 any teacher, administrator or other licensed employee, after notice
16-33 and an opportunity for hearing have been provided pursuant to NRS
16-34 391.322 and 391.323, for:
16-35 1. Immoral or unprofessional conduct.
16-36 2. Evident unfitness for service.
16-37 3. Physical or mental incapacity which renders the teacher,
16-38 administrator or other licensed employee unfit for service.
16-39 4. Conviction of a felony relating to the position of the
16-40 teacher, administrator or other licensed employee or any crime
16-41 involving moral turpitude.
16-42 5. Conviction of a sex offense under NRS 200.366, 200.368,
16-43 201.190, 201.220, 201.230 or 207.260 in which a pupil enrolled in a
16-44 school of a county school district was the victim.
17-1 6. Knowingly advocating the overthrow of the Federal
17-2 Government or of the State of Nevada by force, violence or
17-3 unlawful means.
17-4 7. Persistent defiance of or refusal to obey the regulations of
17-5 the State Board, the Commission or the Superintendent of Public
17-6 Instruction, defining and governing the duties of teachers,
17-7 administrators and other licensed employees.
17-8 8. Breaches in the security or confidentiality of the questions
17-9 and answers of the achievement and proficiency examinations that
17-10 are administered pursuant to NRS 389.015.
17-11 9. Intentional failure to observe and carry out the requirements
17-12 of a plan to ensure the security of examinations adopted pursuant to
17-13 NRS 389.616 or 389.620.
17-14 10. An intentional violation of NRS 388.5265 or 388.527.
17-15 Sec. 24. NRS 398.460 is hereby amended to read as follows:
17-16 398.460 1. Except as otherwise provided in subsection 2, the
17-17 Secretary of State shall issue a certificate of registration to a natural
17-18 person who complies with NRS 398.452 or whose application has
17-19 been accepted under NRS 398.456.
17-20 2. The Secretary of State may refuse to issue a certificate of
17-21 registration if he determines that the applicant has engaged in
17-22 conduct that has a significant adverse effect on his fitness to act as
17-23 an athlete’s agent. In making this determination, the Secretary of
17-24 State may consider whether the applicant has:
17-25 (a) Been convicted of a crime that, if committed in this state,
17-26 would be a crime involving moral turpitude or a felony[;] relating
17-27 to his fitness to act as an athlete’s agent;
17-28 (b) Made a materially false, misleading, deceptive or fraudulent
17-29 representation in his application or as an athlete’s agent;
17-30 (c) Engaged in conduct that would disqualify him from serving
17-31 in a fiduciary capacity;
17-32 (d) Engaged in conduct prohibited by NRS 398.496;
17-33 (e) Had registration or licensure as an athlete’s agent suspended,
17-34 revoked or denied, or been refused renewal of registration or
17-35 licensure as an athlete’s agent, in any state;
17-36 (f) Engaged in conduct whose consequence was that a sanction,
17-37 suspension or declaration of ineligibility to participate in an
17-38 interscholastic or intercollegiate athletic event was imposed on a
17-39 student athlete or an institution; or
17-40 (g) Engaged in conduct that significantly adversely reflects on
17-41 his credibility, honesty or integrity.
17-42 3. In making a determination pursuant to subsection 2, the
17-43 Secretary of State shall consider:
17-44 (a) How recently the conduct occurred;
18-1 (b) The nature of the conduct and the context in which it
18-2 occurred; and
18-3 (c) Any other relevant conduct of the applicant.
18-4 Sec. 25. NRS 463.335 is hereby amended to read as follows:
18-5 463.335 1. The Legislature finds that, to protect and promote
18-6 the health, safety, morals, good order and general welfare of the
18-7 inhabitants of the State of Nevada and to carry out the policy
18-8 declared in NRS 463.0129, it is necessary that the Board:
18-9 (a) Ascertain and keep itself informed of the identity, prior
18-10 activities and present location of all gaming employees and
18-11 independent agents in the State of Nevada; and
18-12 (b) Maintain confidential records of such information.
18-13 2. Except as otherwise provided in subsection 3, a person may
18-14 not be employed as a gaming employee or serve as an independent
18-15 agent unless he is the holder of a valid work permit to work as a
18-16 gaming employee issued pursuant to this section. A work permit to
18-17 work as a gaming employee may be issued by the Board or by a
18-18 county or city licensing authority. An applicant for a work permit
18-19 shall file his application for a work permit with the licensing
18-20 authority of the city in which he resides if that city requires a work
18-21 permit. If the city in which he resides does not require such a permit,
18-22 the applicant shall file his application with the licensing authority of
18-23 the county in which he resides if that county requires a work permit.
18-24 If the county in which he resides does not require such a permit, the
18-25 applicant shall file his application with the Board. The Board shall,
18-26 by regulation, prescribe the form for an application for a work
18-27 permit to work as a gaming employee. The fee for such a permit
18-28 may be charged only to cover the actual investigative and
18-29 administrative costs related to processing an application for such a
18-30 permit and must not exceed $75.
18-31 3. An independent agent is not required to hold a work permit
18-32 if he is not a resident of this state and has registered with the Board
18-33 in accordance with the provisions of the regulations adopted by the
18-34 Commission.
18-35 4. Upon receipt of an application for a work permit to work as
18-36 a gaming employee, the Board or licensing authority shall conduct
18-37 an investigation of the applicant to determine whether he is eligible
18-38 for the permit. In conducting the investigation, the Board or
18-39 licensing authority shall forward a complete set of the applicant’s
18-40 fingerprints to the Central Repository for Nevada Records of
18-41 Criminal History for submission to the Federal Bureau of
18-42 Investigation for a report concerning the criminal history of the
18-43 applicant. The investigation need not be limited solely to
18-44 consideration of the results of the report concerning the criminal
18-45 history of the applicant.
19-1 5. A work permit issued to a gaming employee or an
19-2 independent agent must have clearly imprinted thereon a statement
19-3 that it is valid for gaming purposes only.
19-4 6. Unless denied or objected to by the Board at the time that
19-5 the permittee filed a notice of a change in his place of employment
19-6 pursuant to subsection 8 and unless suspended or revoked, such a
19-7 permit expires on the fifth anniversary of the permittee’s birthday,
19-8 measured from the birthday nearest the date of issuance or renewal.
19-9 If the date of birth of a permittee is on February 29 in a leap year,
19-10 for the purposes of this section, his date of birth shall be deemed to
19-11 be on February 28.
19-12 7. Whenever any person applies to a county or city licensing
19-13 authority for the issuance or renewal of a work permit, the county or
19-14 city officer or employee to whom the application is made shall
19-15 within 24 hours mail or deliver a copy thereof to the Board, and may
19-16 at the discretion of the county or city licensing authority issue a
19-17 temporary work permit that is valid for 120 days. If within 120 days
19-18 after receipt by the Board of the copy of the application, the Board
19-19 has not notified the county or city licensing authority of any
19-20 objection, the authority may issue, renew or deny a permanent work
19-21 permit to the applicant.
19-22 8. A gaming employee who is issued a work permit is eligible
19-23 for employment in any licensed gaming establishment in this state
19-24 until the work permit is denied or objected to by the Board, expires
19-25 or is revoked. However, each such employee shall notify the Board
19-26 within 10 days following any change of his place of employment at
19-27 a gaming establishment. Such a notification shall be deemed an
19-28 application for a work permit that the Board may deny or object to
19-29 after conducting any investigations the Board deems appropriate.
19-30 The provisions of subsections 9 to 16, inclusive, apply to any such
19-31 objection of the Board. The Commission shall adopt regulations to:
19-32 (a) Facilitate uniform procedures for the issuance of work
19-33 permits by counties and cities;
19-34 (b) Establish uniform criteria for denial by a county or city
19-35 licensing authority of an application for a work permit; and
19-36 (c) Provide for the creation and maintenance of a system of
19-37 records that contain information regarding the current place of
19-38 employment of each person who possesses a valid work permit.
19-39 9. If the Board, within the 120-day period, notifies:
19-40 (a) The county or city licensing authority; and
19-41 (b) The applicant,
19-42 that the Board objects to the granting of a work permit to the
19-43 applicant, the authority shall deny the work permit and shall
19-44 immediately revoke and repossess any temporary work permit
19-45 which it may have issued. The notice of objection by the Board
20-1 which is sent to the applicant must include a statement of the facts
20-2 upon which the Board relied in making its objection.
20-3 10. Whenever an application for a work permit is made to the
20-4 Board and the Board denies such an application, it shall include in
20-5 its notice of the denial a statement of the facts upon which it relied
20-6 in denying the application.
20-7 11. Any person whose application for a work permit has been
20-8 denied because of an objection by the Board or whose application
20-9 has been denied by the Board may, not later than 60 days after
20-10 receiving notice of the denial or objection, apply to the Board for a
20-11 hearing. A failure of a person whose application has been denied to
20-12 apply for a hearing within 60 days or his failure to appear at a
20-13 hearing of the Board conducted pursuant to this section shall be
20-14 deemed to be an admission that the denial or objection is well-
20-15 founded, and the failure precludes administrative or judicial review.
20-16 At the hearing, the Board shall take any testimony deemed
20-17 necessary. After the hearing, the Board shall review the testimony
20-18 taken and any other evidence, and shall within 45 days after the date
20-19 of the hearing mail to the applicant its decision sustaining or
20-20 reversing the denial of the work permit or the objection to the
20-21 issuance of a work permit.
20-22 12. The Board may object to the issuance of a work permit or
20-23 may refuse to issue a work permit for any cause deemed reasonable
20-24 by the Board. The Board may object or refuse if the applicant has:
20-25 (a) Failed to disclose or misstated information or otherwise
20-26 attempted to mislead the Board with respect to any material fact
20-27 contained in the application for the issuance or renewal of a work
20-28 permit;
20-29 (b) Knowingly failed to comply with the provisions of this
20-30 chapter or chapter 463B, 464 or 465 of NRS or the regulations of
20-31 the Commission at a place of previous employment;
20-32 (c) Committed, attempted or conspired to commit any crime of
20-33 moral turpitude, embezzlement or larceny or any violation of any
20-34 law pertaining to gaming, or any crime which is inimical to the
20-35 declared policy of this state concerning gaming;
20-36 (d) Committed, attempted or conspired to commit a crime which
20-37 is a felony or gross misdemeanor in this state or an offense in
20-38 another state or jurisdiction which would be a felony or gross
20-39 misdemeanor if committed in this state [;] and which relates to the
20-40 applicant’s suitability or qualifications to work as a gaming
20-41 employee;
20-42 (e) Been identified in the published reports of any federal or
20-43 state legislative or executive body as being a member or associate of
20-44 organized crime, or as being of notorious and unsavory reputation;
21-1 (f) Been placed and remains in the constructive custody of any
21-2 federal, state or municipal law enforcement authority; or
21-3 (g) Had a work permit revoked or committed any act which is a
21-4 ground for the revocation of a work permit or would have been a
21-5 ground for revoking his work permit if he had then held a work
21-6 permit.
21-7 If the Board issues or does not object to the issuance of a work
21-8 permit to an applicant, it may specially limit the period for which
21-9 the permit is valid, limit the job classifications for which the holder
21-10 of the permit may be employed and establish such individual
21-11 conditions for the issuance, renewal and effectiveness of the permit
21-12 as the Board deems appropriate, including required submission to
21-13 unscheduled tests for the presence of alcohol or controlled
21-14 substances.
21-15 13. Any applicant aggrieved by the decision of the Board may,
21-16 within 15 days after the announcement of the decision, apply in
21-17 writing to the Commission for review of the decision. Review is
21-18 limited to the record of the proceedings before the Board. The
21-19 Commission may sustain, modify or reverse the Board’s decision.
21-20 The decision of the Commission is subject to judicial review
21-21 pursuant to NRS 463.315 to 463.318, inclusive.
21-22 14. Except as otherwise provided in this subsection, all records
21-23 acquired or compiled by the Board or Commission relating to any
21-24 application made pursuant to this section and all lists of persons to
21-25 whom work permits have been issued or denied and all records of
21-26 the names or identity of persons engaged in the gaming industry in
21-27 this state are confidential and must not be disclosed except in the
21-28 proper administration of this chapter or to an authorized law
21-29 enforcement agency. Upon receipt of a request from the Welfare
21-30 Division of the Department of Human Resources pursuant to NRS
21-31 425.400 for information relating to a specific person who has
21-32 applied for or holds a work permit, the Board shall disclose to the
21-33 Division his social security number, residential address and current
21-34 employer as that information is listed in the files and records of the
21-35 Board. Any record of the Board or Commission which shows that
21-36 the applicant has been convicted of a crime in another state must
21-37 show whether the crime was a misdemeanor, gross misdemeanor,
21-38 felony or other class of crime as classified by the state in which the
21-39 crime was committed. In a disclosure of the conviction, reference to
21-40 the classification of the crime must be based on the classification in
21-41 the state where it was committed.
21-42 15. The Chairman of the Board may designate a member of the
21-43 Board or the Board may appoint a hearing examiner and authorize
21-44 that person to perform on behalf of the Board any of the following
22-1 functions required of the Board by this section concerning work
22-2 permits:
22-3 (a) Conducting a hearing and taking testimony;
22-4 (b) Reviewing the testimony and evidence presented at the
22-5 hearing;
22-6 (c) Making a recommendation to the Board based upon the
22-7 testimony and evidence or rendering a decision on behalf of
22-8 the Board to sustain or reverse the denial of a work permit or the
22-9 objection to the issuance or renewal of a work permit; and
22-10 (d) Notifying the applicant of the decision.
22-11 16. Notice by the Board as provided pursuant to this section is
22-12 sufficient if it is mailed to the applicant’s last known address as
22-13 indicated on the application for a work permit, or the record of the
22-14 hearing, as the case may be. The date of mailing may be proven by a
22-15 certificate signed by an officer or employee of the Board which
22-16 specifies the time the notice was mailed. The notice shall be deemed
22-17 to have been received by the applicant 5 days after it is deposited
22-18 with the United States Postal Service with the postage thereon
22-19 prepaid.
22-20 Sec. 26. NRS 489.421 is hereby amended to read as follows:
22-21 489.421 The following grounds, among others, constitute
22-22 grounds for disciplinary action under NRS 489.381:
22-23 1. Revocation or denial of a license issued pursuant to this
22-24 chapter or an equivalent license in any other state, territory or
22-25 country.
22-26 2. Failure of the licensee to maintain any other license required
22-27 by any political subdivision of this state.
22-28 3. Failure to respond to a notice served by the Division as
22-29 provided by law within the time specified in the notice.
22-30 4. Failure to take the corrective action required in a notice of
22-31 violation issued pursuant to NRS 489.291.
22-32 5. Failure or refusing to permit access by the Administrator to
22-33 documentary materials set forth in NRS 489.231.
22-34 6. Disregarding or violating any order of the Administrator,
22-35 any agreement with the Division, or any provision of this chapter or
22-36 any regulation adopted under it.
22-37 7. Conviction of a misdemeanor for violation of any of the
22-38 provisions of this chapter.
22-39 8. Conviction of or entering a plea of guilty, guilty but
22-40 mentally ill or nolo contendere to [a] :
22-41 (a) A felony relating to the position for which the applicant
22-42 has applied or the licensee has been licensed pursuant to this
22-43 chapter; or [a]
22-44 (b) A crime of moral turpitude in this state or any other state,
22-45 territory or country.
23-1 9. Any other conduct that constitutes deceitful, fraudulent or
23-2 dishonest dealing.
23-3 Sec. 27. NRS 611.045 is hereby amended to read as follows:
23-4 611.045 1. The Labor Commissioner may issue a license to an
23-5 applicant for the conduct of an employment agency:
23-6 (a) After making an investigation of the applicant and finding
23-7 that he is of good moral character and has not been convicted of a
23-8 felony relating to the conduct of an employment agency or any
23-9 offense involving moral turpitude;
23-10 (b) After making an investigation of the premises where the
23-11 proposed employment agency will be conducted and finding that the
23-12 premises are suitable for the purpose;
23-13 (c) Upon determining that the applicant is a resident of this
23-14 state; and
23-15 (d) Upon the applicant’s payment of the licensing fee prescribed
23-16 in NRS 611.060.
23-17 2. The Labor Commissioner shall complete his investigation of
23-18 the applicant within 60 days after such applicant has submitted his
23-19 application.
23-20 3. A license to conduct an employment agency is valid only as
23-21 to the person and place named in the license and is effective from
23-22 the date specified therein to and including the next following
23-23 December 31, unless sooner suspended or revoked.
23-24 4. Annually at least 15 days prior to the expiration date of the
23-25 license, the licensee must apply for renewal in the manner
23-26 prescribed by regulation of the Labor Commissioner. Pending
23-27 administrative action on a renewal application, the license may be
23-28 continued in effect for a period not to exceed 60 days beyond the
23-29 expiration date of the license.
23-30 Sec. 28. NRS 623A.065 is hereby amended to read as follows:
23-31 623A.065 For the purposes of this chapter, a person has good
23-32 moral character if he:
23-33 1. [Has not been convicted of a class A felony;
23-34 2.] Has not been convicted of a felony , [other than a class A
23-35 felony or a] misdemeanor or gross misdemeanor that is directly
23-36 related to the practice of landscape architecture;
23-37 [3.] 2. Has not committed an act involving dishonesty, fraud,
23-38 misrepresentation, breach of a fiduciary duty, gross negligence or
23-39 incompetence while engaged in the practice of landscape
23-40 architecture;
23-41 [4.] 3. Is not incarcerated in a jail or prison at the time of
23-42 submitting an application for a certificate of registration or a
23-43 certificate to practice as a landscape architect intern;
23-44 [5.] 4. Has not committed fraud or misrepresentation in
23-45 connection with:
24-1 (a) The submission of an application for a certificate of
24-2 registration or certificate to practice as a landscape architect intern;
24-3 or
24-4 (b) The taking of one or more examinations pursuant to the
24-5 provisions of this chapter;
24-6 [6.] 5. Has not had his certificate of registration suspended or
24-7 revoked by the Board or in any other state or country;
24-8 [7.] 6. Has not, in lieu of receiving disciplinary action against
24-9 him, surrendered a certificate of registration or certificate to practice
24-10 as a landscape architect intern in this state or a certificate or license
24-11 to practice landscape architecture issued in another state or country;
24-12 [8.] 7. Has not engaged in the practice of landscape
24-13 architecture in this state or in any other state or country without a
24-14 license or certificate of registration or certificate to practice as a
24-15 landscape architect intern within the 2 years immediately preceding
24-16 the filing of an application for a certificate of registration or
24-17 certificate to practice as a landscape architect intern pursuant to the
24-18 provisions of this chapter; or
24-19 [9.] 8. Has not, within the 5 years immediately preceding the
24-20 filing of an application specified in subsection [8,] 7, engaged in
24-21 unprofessional conduct in violation of the regulations adopted by the
24-22 Board.
24-23 Sec. 29. NRS 623A.280 is hereby amended to read as follows:
24-24 623A.280 1. The following acts, among others, constitute
24-25 cause for disciplinary action if proof satisfactory to the Board is
24-26 presented that:
24-27 (a) A holder of a certificate of registration has signed or sealed
24-28 instruments of service which were not prepared by him or under his
24-29 direct supervision.
24-30 (b) A holder of a certificate of registration has permitted the use
24-31 of his signature or seal by another person to evade the provisions of
24-32 this chapter or any regulation adopted by the Board.
24-33 (c) A holder of a certificate of registration has not signed, sealed
24-34 or dated instruments of service prepared by him.
24-35 (d) A holder of a certificate of registration or certificate to
24-36 practice as a landscape architect intern impersonates a landscape
24-37 architect or landscape architect intern of the same or similar name.
24-38 (e) A holder of a certificate of registration or certificate to
24-39 practice as a landscape architect intern practices under an assumed,
24-40 fictitious or corporate name.
24-41 (f) A holder of a certificate of registration or certificate to
24-42 practice as a landscape architect intern practices landscape
24-43 architecture in violation of the provisions of this chapter or any
24-44 regulation adopted by the Board.
25-1 (g) A holder of a certificate of registration or certificate to
25-2 practice as a landscape architect intern has obtained his certificate of
25-3 registration or certificate to practice as a landscape architect intern
25-4 by fraud or misrepresentation.
25-5 (h) A holder of a certificate of registration or certificate to
25-6 practice as a landscape architect intern is guilty of fraud or deceit in
25-7 the practice of landscape architecture.
25-8 (i) A holder of a certificate of registration or certificate to
25-9 practice as a landscape architect intern is guilty of incompetency,
25-10 negligence or gross negligence.
25-11 (j) A holder of a certificate of registration or certificate to
25-12 practice as a landscape architect intern is convicted of, or enters a
25-13 plea of nolo contendere to[:
25-14 (1) Any felony; or
25-15 (2) Any] any crime, an essential element of which is
25-16 dishonesty, or which is directly related to the practice of landscape
25-17 architecture.
25-18 (k) A holder of a certificate of registration or certificate to
25-19 practice as a landscape architect intern is guilty of aiding or abetting
25-20 any person in the violation of the provisions of this chapter or any
25-21 regulation adopted by the Board.
25-22 (l) A person practices as a landscape architect with a certificate
25-23 of registration or certificate to practice as a landscape architect
25-24 intern that has expired or has been suspended or revoked.
25-25 (m) A holder of a certificate of registration or certificate to
25-26 practice as a landscape architect intern is disciplined by an agency
25-27 of another state or foreign country which regulates the practice of
25-28 landscape architecture and at least one of the grounds for the
25-29 disciplinary action taken is a ground for disciplinary action pursuant
25-30 to the provisions of this chapter.
25-31 (n) A holder of a certificate of registration or certificate to
25-32 practice as a landscape architect intern fails to comply with an order
25-33 issued by the Board or to cooperate in an investigation conducted by
25-34 the Board.
25-35 2. As used in this section:
25-36 (a) “Gross negligence” means conduct that demonstrates a
25-37 reckless disregard of the consequences affecting the life or property
25-38 of another person.
25-39 (b) “Incompetency” means conduct that, in the practice of
25-40 landscape architecture, demonstrates a significant lack of ability,
25-41 knowledge or fitness to discharge a professional obligation.
25-42 (c) “Negligence” means a deviation from the normal standard of
25-43 professional care exercised generally by other members in the
25-44 practice of landscape architecture.
26-1 Sec. 30. NRS 624.3016 is hereby amended to read as follows:
26-2 624.3016 The following acts or omissions, among others,
26-3 constitute cause for disciplinary action under NRS 624.300:
26-4 1. Any fraudulent or deceitful act committed in the capacity of
26-5 a contractor.
26-6 2. A conviction of a violation of NRS 624.730 , [or] a felony
26-7 relating to the practice of a contractor or a crime involving moral
26-8 turpitude.
26-9 3. Knowingly making a false statement in or relating to the
26-10 recording of a notice of lien pursuant to the provisions of
26-11 NRS 108.226.
26-12 4. Failure to give a notice required by NRS 108.245 or
26-13 108.246.
26-14 5. Failure to comply with NRS 597.713, 597.716 or 597.719 or
26-15 any regulations of the Board governing contracts for the
26-16 construction of residential pools and spas.
26-17 6. Failure to comply with NRS 624.600.
26-18 7. Misrepresentation or the omission of a material fact, or the
26-19 commission of any other fraudulent or deceitful act, to obtain a
26-20 license.
26-21 8. Failure to pay an assessment required pursuant to
26-22 NRS 624.470.
26-23 Sec. 31. NRS 625.410 is hereby amended to read as follows:
26-24 625.410 The Board may take disciplinary action against a
26-25 licensee, an applicant for licensure, an intern or an applicant for
26-26 certification as an intern for:
26-27 1. The practice of any fraud or deceit in obtaining or
26-28 attempting to obtain or renew a license or cheating on any
26-29 examination required by this chapter.
26-30 2. Any gross negligence, incompetency or misconduct in the
26-31 practice of professional engineering as a professional engineer or in
26-32 the practice of land surveying as a professional land surveyor.
26-33 3. Aiding or abetting any person in the violation of any
26-34 provision of this chapter or regulation adopted by the Board.
26-35 4. Conviction of or entry of a plea of nolo contendere to[:
26-36 (a) Any felony; or
26-37 (b) Any] any crime, an essential element of which is dishonesty,
26-38 or which is directly related to the practice of engineering or land
26-39 surveying.
26-40 5. A violation of any provision of this chapter or regulation
26-41 adopted by the Board.
26-42 6. Discipline by another state or territory, the District of
26-43 Columbia, a foreign country, the Federal Government or any other
26-44 governmental agency, if at least one of the grounds for discipline is
27-1 the same or substantially equivalent to any ground contained in this
27-2 chapter.
27-3 7. Practicing after the license of the professional engineer or
27-4 professional land surveyor has expired or has been suspended or
27-5 revoked.
27-6 8. Failing to comply with an order issued by the Board.
27-7 9. Failing to provide requested information within 30 days after
27-8 receipt of a request by the Board or its investigators concerning a
27-9 complaint made to the Board.
27-10 Sec. 32. NRS 625A.160 is hereby amended to read as follows:
27-11 625A.160 The grounds for initiating disciplinary action under
27-12 this chapter are:
27-13 1. Unprofessional conduct;
27-14 2. Conviction of a felony relating to the practice of an
27-15 environmental health specialist or any offense involving moral
27-16 turpitude;
27-17 3. The suspension or revocation of a certificate or license as an
27-18 environmental health specialist by any other jurisdiction; or
27-19 4. Failure to meet the requirements for continuing education.
27-20 Sec. 33. NRS 628.190 is hereby amended to read as follows:
27-21 628.190 1. Except as otherwise provided in this section and
27-22 NRS 628.310, a certificate of certified public accountant must be
27-23 granted by the Board to any person who:
27-24 (a) Is a resident of this state or, if not a resident, has designated
27-25 to the Board an agent who is a resident for notification and service
27-26 of process;
27-27 (b) Is a person who is without any history of acts involving
27-28 dishonesty or moral turpitude;
27-29 (c) Complies with the requirements of education and experience
27-30 as provided in NRS 628.200;
27-31 (d) Has submitted to the Board a complete set of his fingerprints
27-32 and written permission authorizing the Board to forward the
27-33 fingerprints to the Central Repository for Nevada Records of
27-34 Criminal History for submission to the Federal Bureau of
27-35 Investigation for its report; and
27-36 (e) Has passed the examination prescribed by the Board.
27-37 2. The Board may refuse to grant a certificate of certified
27-38 public accountant to an applicant if he has been convicted of a
27-39 felony relating to the practice of a certified public accountant
27-40 under the laws of any state or of the United States.
27-41 3. The Board may issue a provisional certificate to an applicant
27-42 until the Board receives the report from the Federal Bureau of
27-43 Investigation.
28-1 Sec. 34. NRS 628.390 is hereby amended to read as follows:
28-2 628.390 1. After giving notice and conducting a hearing, the
28-3 Board may revoke, or may suspend for a period of not more than 5
28-4 years, any certificate issued under NRS 628.190 to 628.310,
28-5 inclusive, any registration or license granted to a registered public
28-6 accountant under NRS 628.350, or any registration of a partnership,
28-7 corporation, limited-liability company or office, or may revoke,
28-8 suspend or refuse to renew any permit issued under NRS 628.380,
28-9 or may censure the holder of any permit, for any one or any
28-10 combination of the following causes:
28-11 (a) Fraud or deceit in obtaining a certificate as a certified public
28-12 accountant, or in obtaining registration or a license as a public
28-13 accountant under this chapter, or in obtaining a permit to practice
28-14 public accounting under this chapter.
28-15 (b) Dishonesty, fraud or gross negligence by a certified or
28-16 registered public accountant in the practice of public accounting or,
28-17 if not in the practice of public accounting, of a kind which adversely
28-18 affects the ability to perform public accounting.
28-19 (c) Violation of any of the provisions of this chapter.
28-20 (d) Violation of a regulation or rule of professional conduct
28-21 adopted by the Board under the authority granted by this chapter.
28-22 (e) Conviction of a felony under the laws of any state or of the
28-23 United States[.] relating to the practice of public accounting.
28-24 (f) Conviction of any crime, an element of which is dishonesty
28-25 or fraud, under the laws of any state or of the United States.
28-26 (g) Cancellation, revocation, suspension or refusal to renew
28-27 authority to practice as a certified public accountant or a registered
28-28 public accountant by any other state, for any cause other than failure
28-29 to pay an annual registration fee or to comply with requirements for
28-30 continuing education or review of his practice in the other state.
28-31 (h) Suspension or revocation of the right to practice before any
28-32 state or federal agency.
28-33 (i) Unless the person has been placed on inactive or retired
28-34 status, failure to obtain an annual permit under NRS 628.380,
28-35 within:
28-36 (1) Sixty days after the expiration date of the permit to
28-37 practice last obtained or renewed by the holder of a certificate or
28-38 registrant; or
28-39 (2) Sixty days after the date upon which the holder of a
28-40 certificate or registrant was granted his certificate or registration, if
28-41 no permit was ever issued to him, unless the failure has been
28-42 excused by the Board.
28-43 (j) Conduct discreditable to the profession of public accounting
28-44 or which reflects adversely upon the fitness of the person to engage
28-45 in the practice of public accounting.
29-1 (k) Making a false or misleading statement in support of an
29-2 application for a certificate, registration or permit of another person.
29-3 2. After giving notice and conducting a hearing, the Board may
29-4 deny an application to take the examination prescribed by the Board
29-5 pursuant to NRS 628.190, deny a person admission to such an
29-6 examination, invalidate a grade received for such an examination or
29-7 deny an application for a certificate issued pursuant to NRS 628.190
29-8 to 628.310, inclusive, to a person who has:
29-9 (a) Made any false or fraudulent statement, or any misleading
29-10 statement or omission relating to a material fact in an application:
29-11 (1) To take the examination prescribed by the Board pursuant
29-12 to NRS 628.190; or
29-13 (2) For a certificate issued pursuant to NRS 628.190 to
29-14 628.310, inclusive;
29-15 (b) Cheated on an examination prescribed by the Board pursuant
29-16 to NRS 628.190 or any such examination taken in another state or
29-17 jurisdiction of the United States;
29-18 (c) Aided, abetted or conspired with any person in a violation of
29-19 the provisions of paragraph (a) or (b); or
29-20 (d) Committed any combination of the acts set forth in
29-21 paragraphs (a), (b) and (c).
29-22 3. In addition to other penalties prescribed by this section, the
29-23 Board may impose a civil penalty of not more than $5,000 for each
29-24 violation of this section. The Board may recover:
29-25 (a) Attorney’s fees and costs incurred with respect to a hearing
29-26 held pursuant to this section from a person who is found in violation
29-27 of any of the provisions of this section;
29-28 (b) Attorney’s fees and costs incurred in the recovery of a civil
29-29 penalty imposed pursuant to this section; and
29-30 (c) Any other costs incurred by the Board as a result of such a
29-31 violation.
29-32 Sec. 35. NRS 630.301 is hereby amended to read as follows:
29-33 630.301 The following acts, among others, constitute grounds
29-34 for initiating disciplinary action or denying licensure:
29-35 1. Conviction of [a felony,] any offense involving moral
29-36 turpitude or any offense relating to the practice of medicine or the
29-37 ability to practice medicine. A plea of nolo contendere is a
29-38 conviction for the purposes of this subsection.
29-39 2. Conviction of violating any of the provisions of NRS
29-40 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350
29-41 to 616D.440, inclusive.
29-42 3. The revocation, suspension, modification or limitation of the
29-43 license to practice any type of medicine by any other jurisdiction or
29-44 the surrender of the license or discontinuing the practice of medicine
29-45 while under investigation by any licensing authority, a medical
30-1 facility, a branch of the Armed Services of the United States, an
30-2 insurance company, an agency of the Federal Government or an
30-3 employer.
30-4 4. Malpractice, which may be evidenced by claims settled
30-5 against a practitioner.
30-6 5. The engaging by a practitioner in any sexual activity with a
30-7 patient who is currently being treated by the practitioner.
30-8 6. Disruptive behavior with physicians, hospital personnel,
30-9 patients, members of the families of patients or any other persons if
30-10 the behavior interferes with patient care or has an adverse impact on
30-11 the quality of care rendered to a patient.
30-12 7. The engaging in conduct that violates the trust of a patient
30-13 and exploits the relationship between the physician and the patient
30-14 for financial or other personal gain.
30-15 8. The failure to offer appropriate procedures or studies, to
30-16 protest inappropriate denials by organizations for managed care, to
30-17 provide necessary services or to refer a patient to an appropriate
30-18 provider, when such a failure occurs with the intent of positively
30-19 influencing the financial well-being of the practitioner or an insurer.
30-20 9. The engaging in conduct that brings the medical profession
30-21 into disrepute, including, without limitation, conduct that violates
30-22 any provision of a national code of ethics adopted by the Board by
30-23 regulation.
30-24 10. The engaging in sexual contact with the surrogate of a
30-25 patient or other key persons related to a patient, including, without
30-26 limitation, a spouse, parent or legal guardian, which exploits the
30-27 relationship between the physician and the patient in a sexual
30-28 manner.
30-29 Sec. 36. NRS 630A.340 is hereby amended to read as follows:
30-30 630A.340 The following acts, among others, constitute
30-31 grounds for initiating disciplinary action or denying the issuance of
30-32 a license:
30-33 1. Unprofessional conduct.
30-34 2. Conviction of:
30-35 (a) A violation of any federal or state law regulating the
30-36 possession, distribution or use of any controlled substance or any
30-37 dangerous drug as defined in chapter 454 of NRS;
30-38 (b) [A felony;
30-39 (c)] A violation of any of the provisions of NRS 616D.200,
30-40 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to
30-41 616D.440, inclusive;
30-42 [(d)] (c) Any offense involving moral turpitude; or
30-43 [(e)] (d) Any offense relating to the practice of homeopathic
30-44 medicine or the ability to practice homeopathic medicine.
31-1 A plea of nolo contendere to any offense listed in [paragraph (a),
31-2 (b), (c), (d) or (e)] this subsection shall be deemed a conviction.
31-3 3. The suspension, modification or limitation of a license to
31-4 practice any type of medicine by any other jurisdiction.
31-5 4. The surrender of a license to practice any type of medicine
31-6 or the discontinuance of the practice of medicine while under
31-7 investigation by any licensing authority, medical facility, facility for
31-8 the dependent, branch of the Armed Forces of the United States,
31-9 insurance company, agency of the Federal Government or employer.
31-10 5. Gross or repeated malpractice, which may be evidenced by
31-11 claims of malpractice settled against a practitioner.
31-12 6. Professional incompetence.
31-13 Sec. 37. NRS 632.320 is hereby amended to read as follows:
31-14 632.320 The Board may deny, revoke or suspend any license
31-15 or certificate applied for or issued pursuant to this chapter, or take
31-16 other disciplinary action against a licensee or holder of a certificate,
31-17 upon determining that he:
31-18 1. Is guilty of fraud or deceit in procuring or attempting to
31-19 procure a license or certificate pursuant to this chapter.
31-20 2. Is guilty of [a felony or] any offense:
31-21 (a) Involving moral turpitude; or
31-22 (b) Related to the qualifications, functions or duties of a licensee
31-23 or holder of a certificate,
31-24 in which case the record of conviction is conclusive evidence
31-25 thereof.
31-26 3. Has been convicted of violating any of the provisions of
31-27 NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
31-28 inclusive.
31-29 4. Is unfit or incompetent by reason of gross negligence or
31-30 recklessness in carrying out usual nursing functions.
31-31 5. Uses any controlled substance, dangerous drug as defined in
31-32 chapter 454 of NRS, or intoxicating liquor to an extent or in a
31-33 manner which is dangerous or injurious to any other person or
31-34 which impairs his ability to conduct the practice authorized by his
31-35 license or certificate.
31-36 6. Is mentally incompetent.
31-37 7. Is guilty of unprofessional conduct, which includes, but is
31-38 not limited to, the following:
31-39 (a) Conviction of practicing medicine without a license in
31-40 violation of chapter 630 of NRS, in which case the record of
31-41 conviction is conclusive evidence thereof.
31-42 (b) Impersonating any applicant or acting as proxy for an
31-43 applicant in any examination required pursuant to this chapter for
31-44 the issuance of a license or certificate.
32-1 (c) Impersonating another licensed practitioner or holder of a
32-2 certificate.
32-3 (d) Permitting or allowing another person to use his license or
32-4 certificate to practice as a licensed practical nurse, registered nurse
32-5 or nursing assistant.
32-6 (e) Repeated malpractice, which may be evidenced by claims of
32-7 malpractice settled against him.
32-8 (f) Physical, verbal or psychological abuse of a patient.
32-9 (g) Conviction for the use or unlawful possession of a controlled
32-10 substance or dangerous drug as defined in chapter 454 of NRS.
32-11 8. Has willfully or repeatedly violated the provisions of this
32-12 chapter. The voluntary surrender of a license or certificate issued
32-13 pursuant to this chapter is prima facie evidence that the licensee or
32-14 certificate holder has committed or expects to commit a violation of
32-15 this chapter.
32-16 9. Is guilty of aiding or abetting any person in a violation of
32-17 this chapter.
32-18 10. Has falsified an entry on a patient’s medical chart
32-19 concerning a controlled substance.
32-20 11. Has falsified information which was given to a physician,
32-21 pharmacist, podiatric physician or dentist to obtain a controlled
32-22 substance.
32-23 12. Has been disciplined in another state in connection with a
32-24 license to practice nursing or a certificate to practice as a nursing
32-25 assistant or has committed an act in another state which would
32-26 constitute a violation of this chapter.
32-27 13. Has engaged in conduct likely to deceive, defraud or
32-28 endanger a patient or the general public.
32-29 14. Has willfully failed to comply with a regulation, subpoena
32-30 or order of the Board.
32-31 For the purposes of this section, a plea or verdict of guilty or guilty
32-32 but mentally ill or a plea of nolo contendere constitutes a conviction
32-33 of an offense. The Board may take disciplinary action pending the
32-34 appeal of a conviction.
32-35 Sec. 38. NRS 633.511 is hereby amended to read as follows:
32-36 633.511 The grounds for initiating disciplinary action pursuant
32-37 to this chapter are:
32-38 1. Unprofessional conduct.
32-39 2. Conviction of:
32-40 (a) A violation of any federal or state law regulating the
32-41 possession, distribution or use of any controlled substance or any
32-42 dangerous drug as defined in chapter 454 of NRS;
32-43 (b) A felony[;] relating to the practice of osteopathic
32-44 medicine;
33-1 (c) A violation of any of the provisions of NRS 616D.200,
33-2 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
33-3 (d) Any offense involving moral turpitude.
33-4 3. The suspension of the license to practice osteopathic
33-5 medicine by any other jurisdiction.
33-6 4. Gross or repeated malpractice, which may be evidenced by
33-7 claims of malpractice settled against a practitioner.
33-8 5. Professional incompetence.
33-9 6. Failure to comply with the requirements of NRS 633.526.
33-10 Sec. 39. NRS 634.140 is hereby amended to read as follows:
33-11 634.140 The grounds for initiating disciplinary action pursuant
33-12 to this chapter are:
33-13 1. Unprofessional conduct.
33-14 2. Conviction of:
33-15 (a) A violation of any federal or state law regulating the
33-16 possession, distribution or use of any controlled substance or any
33-17 dangerous drug as defined in chapter 454 of NRS;
33-18 (b) A felony[;] relating to the practice of chiropractic;
33-19 (c) A violation of any of the provisions of NRS 616D.200,
33-20 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
33-21 (d) Any offense involving moral turpitude.
33-22 3. Suspension or revocation of the license to practice
33-23 chiropractic by any other jurisdiction.
33-24 4. Gross or repeated malpractice.
33-25 5. Referring, in violation of NRS 439B.425, a patient to a
33-26 health facility, medical laboratory or commercial establishment in
33-27 which the licensee has a financial interest.
33-28 Sec. 40. NRS 634A.170 is hereby amended to read as follows:
33-29 634A.170 The Board may refuse to issue or may suspend or
33-30 revoke any license for any one or any combination of the following
33-31 causes:
33-32 1. Conviction of:
33-33 (a) A felony[;] relating to the practice of Oriental medicine;
33-34 (b) Any offense involving moral turpitude;
33-35 (c) A violation of any state or federal law regulating the
33-36 possession, distribution or use of any controlled substance, as shown
33-37 by a certified copy of the record of the court; or
33-38 (d) A violation of any of the provisions of NRS 616D.200,
33-39 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
33-40 2. The obtaining of or any attempt to obtain a license or
33-41 practice in the profession for money or any other thing of value, by
33-42 fraudulent misrepresentations;
33-43 3. Gross or repeated malpractice, which may be evidenced by
33-44 claims of malpractice settled against a practitioner;
34-1 4. Advertising by means of a knowingly false or deceptive
34-2 statement;
34-3 5. Advertising, practicing or attempting to practice under a
34-4 name other than one’s own;
34-5 6. Habitual drunkenness or habitual addiction to the use of a
34-6 controlled substance;
34-7 7. Using any false, fraudulent or forged statement or document,
34-8 or engaging in any fraudulent, deceitful, dishonest or immoral
34-9 practice in connection with the licensing requirements of this
34-10 chapter;
34-11 8. Sustaining a physical or mental disability which renders
34-12 further practice dangerous;
34-13 9. Engaging in any dishonorable, unethical or unprofessional
34-14 conduct which may deceive, defraud or harm the public, or which is
34-15 unbecoming a person licensed to practice under this chapter;
34-16 10. Using any false or fraudulent statement in connection with
34-17 the practice of Oriental medicine or any branch thereof;
34-18 11. Violating or attempting to violate, or assisting or abetting
34-19 the violation of, or conspiring to violate any provision of this
34-20 chapter;
34-21 12. Being adjudicated incompetent or insane;
34-22 13. Advertising in an unethical or unprofessional manner;
34-23 14. Obtaining a fee or financial benefit for any person by the
34-24 use of fraudulent diagnosis, therapy or treatment;
34-25 15. Willful disclosure of a privileged communication;
34-26 16. Failure of a licensee to designate the nature of his practice
34-27 in the professional use of his name by the term doctor of Oriental
34-28 medicine;
34-29 17. Willful violation of the law relating to the health, safety or
34-30 welfare of the public or of the regulations adopted by the State
34-31 Board of Health;
34-32 18. Administering, dispensing or prescribing any controlled
34-33 substance, except for the prevention, alleviation or cure of disease or
34-34 for relief from suffering; and
34-35 19. Performing, assisting or advising in the injection of any
34-36 liquid silicone substance into the human body.
34-37 Sec. 41. NRS 636.295 is hereby amended to read as follows:
34-38 636.295 The following acts, conduct, omissions, or mental or
34-39 physical conditions, or any of them, committed, engaged in,
34-40 omitted, or being suffered by a licensee, constitute sufficient cause
34-41 for disciplinary action:
34-42 1. Affliction of the licensee with any communicable disease
34-43 likely to be communicated to other persons.
34-44 2. Commission by the licensee of a felony relating to the
34-45 practice of optometry or a gross misdemeanor involving moral
35-1 turpitude of which he has been convicted and from which he has
35-2 been sentenced by a final judgment of a federal or state court in this
35-3 or any other state, the judgment not having been reversed or vacated
35-4 by a competent appellate court and the offense not having been
35-5 pardoned by executive authority.
35-6 3. Conviction of any of the provisions of NRS 616D.200,
35-7 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
35-8 4. Commission of fraud by or on behalf of the licensee in
35-9 obtaining his license or a renewal thereof, or in practicing optometry
35-10 thereunder.
35-11 5. Habitual drunkenness or addiction to any controlled
35-12 substance.
35-13 6. Gross incompetency.
35-14 7. Affliction with any mental or physical disorder or
35-15 disturbance seriously impairing his competency as an optometrist.
35-16 8. Making false or misleading representations, by or on behalf
35-17 of the licensee, with respect to optometric materials or services.
35-18 9. Practice by the licensee, or attempting or offering so to do,
35-19 while he is in an intoxicated condition.
35-20 10. Perpetration of unethical or unprofessional conduct in the
35-21 practice of optometry.
35-22 11. Any violation of the provisions of this chapter or any
35-23 regulations adopted pursuant thereto.
35-24 Sec. 42. NRS 637A.250 is hereby amended to read as follows:
35-25 637A.250 The Board may take disciplinary action against a
35-26 licensee after a hearing which discloses that the licensee:
35-27 1. Has been convicted of a felony[.] relating to the practice of
35-28 hearing aid specialists.
35-29 2. Has been convicted of violating any of the provisions of
35-30 NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
35-31 inclusive.
35-32 3. Obtained the license by fraud or misrepresentation.
35-33 4. Has made any false or fraudulent statements concerning
35-34 hearing aids or the business of hearing aid specialist.
35-35 5. Has been guilty of negligence, incompetence or
35-36 unprofessional conduct in his practice as a hearing aid specialist. As
35-37 used in this subsection, “unprofessional conduct” includes, without
35-38 limitation:
35-39 (a) Conduct which is intended to deceive or which the Board by
35-40 specific regulation has determined is unethical;
35-41 (b) Conduct which is harmful to the public or any conduct
35-42 detrimental to the public health or safety;
35-43 (c) Conduct for which disciplinary action was taken by an
35-44 agency of another state which is authorized to regulate the practice
35-45 of hearing aid specialists; and
36-1 (d) Knowingly employing, directly or indirectly, any person
36-2 who is not licensed to fit or dispense hearing aids or whose license
36-3 to fit or dispense hearing aids has been suspended or revoked.
36-4 6. Has loaned or transferred his license to another person.
36-5 7. Willfully violated any law of this state or any provision of
36-6 this chapter regulating hearing aid specialists or the operation of an
36-7 office, store or other location for dispensing hearing aids.
36-8 Sec. 43. NRS 637B.250 is hereby amended to read as follows:
36-9 637B.250 The grounds for initiating disciplinary action
36-10 pursuant to this chapter are:
36-11 1. Unprofessional conduct.
36-12 2. Conviction of:
36-13 (a) A violation of any federal or state law regarding the
36-14 possession, distribution or use of any controlled substance or any
36-15 dangerous drug as defined in chapter 454 of NRS;
36-16 (b) A felony[;] relating to the practice of audiology or speech
36-17 pathology;
36-18 (c) A violation of any of the provisions of NRS 616D.200,
36-19 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
36-20 (d) Any offense involving moral turpitude.
36-21 3. Suspension or revocation of a license to practice audiology
36-22 or speech pathology by any other jurisdiction.
36-23 4. Gross or repeated malpractice, which may be evidenced by
36-24 claims of malpractice settled against a practitioner.
36-25 5. Professional incompetence.
36-26 Sec. 44. NRS 638.140 is hereby amended to read as follows:
36-27 638.140 The following acts, among others, are grounds for
36-28 disciplinary action:
36-29 1. Violation of a regulation adopted by the State Board of
36-30 Pharmacy or the Nevada State Board of Veterinary Medical
36-31 Examiners;
36-32 2. Habitual drunkenness;
36-33 3. Addiction to the use of a controlled substance;
36-34 4. Conviction of or a plea of nolo contendere to a felony[,]
36-35 related to the practice of veterinary medicine, or any offense
36-36 involving moral turpitude;
36-37 5. Incompetence;
36-38 6. Negligence;
36-39 7. Malpractice pertaining to veterinary medicine as evidenced
36-40 by an action for malpractice in which the holder of a license is found
36-41 liable for damages;
36-42 8. Conviction of a violation of any law concerning the
36-43 possession, distribution or use of a controlled substance or a
36-44 dangerous drug as defined in chapter 454 of NRS;
37-1 9. Willful failure to comply with any provision of this chapter,
37-2 a regulation, subpoena or order of the Board, the standard of care
37-3 established by the American Veterinary Medical Association, or an
37-4 order of a court;
37-5 10. Prescribing, administering or dispensing a controlled
37-6 substance to an animal to influence the outcome of a competitive
37-7 event in which the animal is a competitor;
37-8 11. Willful failure to comply with a request by the Board for
37-9 medical records within 14 days after receipt of a demand letter
37-10 issued by the Board;
37-11 12. Willful failure to accept service by mail or in person from
37-12 the Board;
37-13 13. Failure of a supervising veterinarian to provide immediate
37-14 or direct supervision to licensed or unlicensed personnel if the
37-15 failure results in malpractice or the death of an animal; and
37-16 14. Failure of a supervising veterinarian to ensure that a
37-17 licensed veterinarian is on the premises of a facility or agency when
37-18 medical treatment is administered to an animal if the treatment
37-19 requires direct or immediate supervision by a licensed veterinarian.
37-20 Sec. 45. NRS 639.210 is hereby amended to read as follows:
37-21 639.210 The Board may suspend or revoke any certificate,
37-22 license, registration or permit issued pursuant to this chapter, and
37-23 deny the application of any person for a certificate, license,
37-24 registration or permit, if the holder or applicant:
37-25 1. Is not of good moral character;
37-26 2. Is guilty of habitual intemperance;
37-27 3. Becomes or is intoxicated or under the influence of liquor,
37-28 any depressant drug or a controlled substance, unless taken pursuant
37-29 to a lawfully issued prescription, while on duty in any establishment
37-30 licensed by the Board;
37-31 4. Is guilty of unprofessional conduct or conduct contrary to
37-32 the public interest;
37-33 5. Is addicted to the use of any controlled substance;
37-34 6. Has been convicted of a violation of any law or regulation of
37-35 the Federal Government or of this or any other state related to
37-36 controlled substances, dangerous drugs, drug samples, or the
37-37 wholesale or retail distribution of drugs;
37-38 7. Has been convicted of [a] :
37-39 (a) A felony relating to holding a certificate, license,
37-40 registration or permit pursuant to this chapter; or [other]
37-41 (b) Other crime involving moral turpitude, dishonesty or
37-42 corruption;
37-43 8. Has been convicted of violating any of the provisions of
37-44 NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
37-45 inclusive;
38-1 9. Has willfully made to the Board or its authorized
38-2 representative any false statement which is material to the
38-3 administration or enforcement of any of the provisions of this
38-4 chapter;
38-5 10. Has obtained any certificate, certification, license or permit
38-6 by the filing of an application, or any record, affidavit or other
38-7 information in support thereof, which is false or fraudulent;
38-8 11. Has violated any provision of the Federal Food, Drug and
38-9 Cosmetic Act or any other federal law or regulation relating to
38-10 prescription drugs;
38-11 12. Has violated, attempted to violate, assisted or abetted in the
38-12 violation of or conspired to violate any of the provisions of this
38-13 chapter or any law or regulation relating to drugs, the manufacture
38-14 or distribution of drugs or the practice of pharmacy, or has
38-15 knowingly permitted, allowed, condoned or failed to report a
38-16 violation of any of the provisions of this chapter or any law or
38-17 regulation relating to drugs, the manufacture or distribution of drugs
38-18 or the practice of pharmacy committed by the holder of a certificate,
38-19 license, registration or permit;
38-20 13. Has failed to renew his certificate, license or permit by
38-21 failing to submit the application for renewal or pay the renewal fee
38-22 therefor;
38-23 14. Has had his certificate, license or permit suspended or
38-24 revoked in another state on grounds which would cause suspension
38-25 or revocation of a certificate, license or permit in this state;
38-26 15. Has, as a managing pharmacist, violated any provision of
38-27 law or regulation concerning recordkeeping or inventory in a store
38-28 over which he presides, or has knowingly allowed a violation of any
38-29 provision of this chapter or other state or federal laws or regulations
38-30 relating to the practice of pharmacy by personnel of the pharmacy
38-31 under his supervision;
38-32 16. Has repeatedly been negligent, which may be evidenced by
38-33 claims of malpractice settled against him; or
38-34 17. Has failed to maintain and make available to a state or
38-35 federal officer any records in accordance with the provisions of this
38-36 chapter or chapter 453 or 454 of NRS.
38-37 Sec. 46. NRS 640A.200 is hereby amended to read as follows:
38-38 640A.200 1. The Board may, after notice and hearing,
38-39 suspend, revoke or refuse to issue or renew a license to practice as
38-40 an occupational therapist or occupational therapy assistant, or may
38-41 impose conditions upon the use of that license, if the Board
38-42 determines that the holder of or applicant for the license is guilty of
38-43 unprofessional conduct which has endangered or is likely to
38-44 endanger the public health, safety or welfare. The Board may
38-45 reinstate a revoked license upon application by the person to whom
39-1 the license was issued not less than 1 year after the license is
39-2 revoked.
39-3 2. If the Board receives a report pursuant to subsection 5 of
39-4 NRS 228.420, a hearing must be held to consider the report within
39-5 30 days after receiving the report.
39-6 3. As used in this section, “unprofessional conduct” includes:
39-7 (a) The obtaining of a license by fraud or through the
39-8 misrepresentation or concealment of a material fact;
39-9 (b) The conviction of [any crime , except a misdemeanor which
39-10 does not involve] :
39-11 (1) A felony or gross misdemeanor relating to the practice
39-12 of occupational therapy; or
39-13 (2) Any crime involving moral turpitude; and
39-14 (c) The violation of any provision of this chapter or regulation
39-15 of the Board adopted pursuant to this chapter.
39-16 Sec. 47. NRS 641.230 is hereby amended to read as follows:
39-17 641.230 The Board may suspend the license of a psychologist,
39-18 place a psychologist on probation, revoke the license of a
39-19 psychologist, require remediation for a psychologist or take any
39-20 other action specified by regulation if the Board finds by a
39-21 preponderance of the evidence that the psychologist has:
39-22 1. Been convicted of a felony[.] relating to the practice of
39-23 psychology.
39-24 2. Been convicted of any crime or offense that reflects the
39-25 inability of the psychologist to practice psychology with due regard
39-26 for the health and safety of others.
39-27 3. Been convicted of violating any of the provisions of NRS
39-28 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
39-29 inclusive.
39-30 4. Engaged in gross malpractice or repeated malpractice or
39-31 gross negligence in the practice of psychology.
39-32 5. Aided or abetted the practice of psychology by a person not
39-33 licensed by the Board.
39-34 6. Made any fraudulent or untrue statement to the Board.
39-35 7. Violated a regulation adopted by the Board.
39-36 8. Had his license to practice psychology suspended or revoked
39-37 or has had any other disciplinary action taken against him by
39-38 another state or territory of the United States, the District of
39-39 Columbia or a foreign country, if at least one of the grounds for
39-40 discipline is the same or substantially equivalent to any ground
39-41 contained in this chapter.
39-42 9. Failed to report to the Board within 30 days the revocation,
39-43 suspension or surrender of, or any other disciplinary action taken
39-44 against, a license or certificate to practice psychology issued to him
40-1 by another state or territory of the United States, the District of
40-2 Columbia or a foreign country.
40-3 10. Violated or attempted to violate, directly or indirectly, or
40-4 assisted in or abetted the violation of or conspired to violate a
40-5 provision of this chapter.
40-6 11. Performed or attempted to perform any professional service
40-7 while impaired by alcohol, drugs or by a mental or physical illness,
40-8 disorder or disease.
40-9 12. Engaged in sexual activity with a patient.
40-10 13. Been convicted of abuse or fraud in connection with any
40-11 state or federal program which provides medical assistance.
40-12 14. Been convicted of submitting a false claim for payment to
40-13 the insurer of a patient.
40-14 Sec. 48. NRS 641A.310 is hereby amended to read as follows:
40-15 641A.310 The Board may refuse to grant a license or may
40-16 suspend or revoke a license for any of the following reasons:
40-17 1. Conviction of a felony[,] relating to the practice of
40-18 marriage and family therapy or of any offense involving moral
40-19 turpitude, the record of conviction being conclusive evidence
40-20 thereof.
40-21 2. Habitual drunkenness or addiction to the use of a controlled
40-22 substance.
40-23 3. Impersonating a licensed marriage and family therapist or
40-24 allowing another person to use his license.
40-25 4. Using fraud or deception in applying for a license or in
40-26 passing the examination provided for in this chapter.
40-27 5. Rendering or offering to render services outside the area of
40-28 his training, experience or competence.
40-29 6. Committing unethical practices contrary to the interest of the
40-30 public as determined by the Board.
40-31 7. Unprofessional conduct as determined by the Board.
40-32 8. Negligence, fraud or deception in connection with services
40-33 he is licensed to provide pursuant to this chapter.
40-34 Sec. 49. NRS 641B.400 is hereby amended to read as follows:
40-35 641B.400 The grounds for initiating disciplinary action
40-36 pursuant to this chapter are:
40-37 1. Unprofessional conduct;
40-38 2. Conviction of:
40-39 (a) A felony[;] relating to the practice of social work;
40-40 (b) Any offense involving moral turpitude; or
40-41 (c) A violation of any federal or state law regulating the
40-42 possession, distribution or use of any controlled substance or
40-43 dangerous drug as defined in chapter 454 of NRS;
40-44 3. Use of fraud or deception in:
40-45 (a) Applying for a license;
41-1 (b) Undergoing the initial licensing examination; or
41-2 (c) Rendering services as a social worker;
41-3 4. Allowing unauthorized use of a license issued pursuant to
41-4 this chapter;
41-5 5. Professional incompetence;
41-6 6. Practicing social work without a license; and
41-7 7. The habitual use of alcohol or any controlled substance
41-8 which impairs the ability to practice social work.
41-9 Sec. 50. NRS 641C.700 is hereby amended to read as follows:
41-10 641C.700 The grounds for initiating disciplinary action
41-11 pursuant to the provisions of this chapter include:
41-12 1. Conviction of:
41-13 (a) A felony[;] relating to the practice of counseling alcohol
41-14 and drug abusers;
41-15 (b) An offense involving moral turpitude; or
41-16 (c) A violation of a federal or state law regulating the
41-17 possession, distribution or use of a controlled substance or
41-18 dangerous drug as defined in chapter 453 of NRS;
41-19 2. Fraud or deception in:
41-20 (a) Applying for a license or certificate;
41-21 (b) Taking an examination for a license or certificate;
41-22 (c) Documenting the continuing education required to renew or
41-23 reinstate a license or certificate;
41-24 (d) Submitting a claim for payment to an insurer; or
41-25 (e) The practice of counseling alcohol and drug abusers;
41-26 3. Allowing the unauthorized use of a license or certificate
41-27 issued pursuant to this chapter;
41-28 4. Professional incompetence;
41-29 5. The habitual use of alcohol or any other drug that impairs
41-30 the ability of a licensed or certified counselor or certified intern to
41-31 engage in the practice of counseling alcohol and drug abusers;
41-32 6. Engaging in the practice of counseling alcohol and drug
41-33 abusers with an expired, suspended or revoked license or certificate;
41-34 and
41-35 7. Engaging in behavior that is contrary to the ethical standards
41-36 as set forth in the regulations of the Board.
41-37 Sec. 51. NRS 642.130 is hereby amended to read as follows:
41-38 642.130 The following acts are grounds for which the Board
41-39 may take disciplinary action against a person who is licensed to
41-40 practice the profession of embalming pursuant to this chapter or
41-41 refuse to issue such a license to an applicant therefor:
41-42 1. Gross incompetency.
41-43 2. Unprofessional, unethical or dishonest conduct.
41-44 3. Habitual intemperance.
42-1 4. Fraud or misrepresentation in obtaining or attempting to
42-2 obtain a license to practice the profession of embalming.
42-3 5. Employment by the licensee of persons commonly known as
42-4 “cappers,” “steerers” or “solicitors,” or of other persons to obtain
42-5 funeral directing or embalming business.
42-6 6. Malpractice.
42-7 7. Gross immorality.
42-8 8. The unlawful use of any controlled substance.
42-9 9. Conviction of a felony[.] relating to the practice of
42-10 embalming.
42-11 10. False or misleading advertising as defined in NRS 642.490,
42-12 or false or misleading statements in the sale of merchandise or
42-13 services.
42-14 11. Refusal to surrender promptly the custody of a dead human
42-15 body upon the request of a person who is legally entitled to custody
42-16 of the body.
42-17 12. Violation by the licensee of any provision of this chapter,
42-18 any regulation adopted pursuant thereto or any other law of this state
42-19 relating to the practice of any of the professions regulated by the
42-20 Board.
42-21 13. The theft or misappropriation of money in a trust fund
42-22 established and maintained pursuant to chapter 689 of NRS.
42-23 Sec. 52. NRS 642.470 is hereby amended to read as follows:
42-24 642.470 The following acts are grounds for which the Board
42-25 may take disciplinary action against a person who holds a funeral
42-26 director’s license, a permit to operate a funeral establishment or a
42-27 license to conduct direct cremations or immediate burials, or refuse
42-28 to issue such a license or permit to an applicant therefor:
42-29 1. Conviction of a crime involving moral turpitude.
42-30 2. Unprofessional conduct.
42-31 3. False or misleading advertising.
42-32 4. Conviction of a felony[.] relating to the practice of funeral
42-33 directors.
42-34 5. Conviction of a misdemeanor that is related directly to the
42-35 business of a funeral establishment.
42-36 Sec. 53. NRS 643.185 is hereby amended to read as follows:
42-37 643.185 1. The following are grounds for disciplinary action
42-38 by the Board:
42-39 (a) Violation by any person licensed pursuant to the provisions
42-40 of this chapter of any provision of this chapter or the regulations
42-41 adopted by the Board.
42-42 (b) Conviction of a felony[.] relating to the practice of barbers.
42-43 (c) Malpractice or incompetency.
42-44 (d) Continued practice by a person knowingly having an
42-45 infectious or contagious disease.
43-1 (e) Advertising, practicing or attempting to practice under
43-2 another’s name or trade name.
43-3 (f) Drunkenness or addiction to a controlled substance.
43-4 2. If the Board determines that a violation of this section has
43-5 occurred, it may:
43-6 (a) Refuse to issue or renew a license;
43-7 (b) Revoke or suspend a license;
43-8 (c) Impose a fine of not more than $1,000; and
43-9 (d) Require the person to pay all costs incurred by the Board
43-10 relating to the discipline of the person.
43-11 Sec. 54. NRS 645.633 is hereby amended to read as follows:
43-12 645.633 1. The Commission may take action pursuant to
43-13 NRS 645.630 against any person subject to that section who is
43-14 guilty of:
43-15 (a) Willfully using any trade name, service mark or insigne of
43-16 membership in any real estate organization of which the licensee is
43-17 not a member, without the legal right to do so.
43-18 (b) Violating any order of the Commission, any agreement with
43-19 the Division, any of the provisions of this chapter, chapter 116, 119,
43-20 119A, 119B, 645A or 645C of NRS or any regulation adopted
43-21 thereunder.
43-22 (c) Paying a commission, compensation or a finder’s fee to any
43-23 person for performing the services of a broker, broker-salesman or
43-24 salesman who has not secured his license pursuant to this chapter.
43-25 This subsection does not apply to payments to a broker who is
43-26 licensed in his state of residence.
43-27 (d) [A felony, or has] Has been convicted of, or entered a plea
43-28 of guilty, guilty but mentally ill or nolo contendere to [a charge of] :
43-29 (1) A felony relating to the practice of the licensee, property
43-30 manager or owner-developer; or [any]
43-31 (2) Any crime involving fraud, deceit, misrepresentation or
43-32 moral turpitude.
43-33 (e) Guaranteeing, or having authorized or permitted any person
43-34 to guarantee, future profits which may result from the resale of real
43-35 property.
43-36 (f) Failure to include a fixed date of expiration in any written
43-37 brokerage agreement or to leave a copy of the brokerage agreement
43-38 with the client.
43-39 (g) Accepting, giving or charging any undisclosed commission,
43-40 rebate or direct profit on expenditures made for a client.
43-41 (h) Gross negligence or incompetence in performing any act for
43-42 which he is required to hold a license pursuant to this chapter,
43-43 chapter 119, 119A or 119B of NRS.
43-44 (i) Any other conduct which constitutes deceitful, fraudulent or
43-45 dishonest dealing.
44-1 (j) Any conduct which took place before he became licensed,
44-2 which was in fact unknown to the Division and which would have
44-3 been grounds for denial of a license had the Division been aware of
44-4 the conduct.
44-5 (k) Knowingly permitting any person whose license has been
44-6 revoked or suspended to act as a real estate broker, broker-salesman
44-7 or salesman, with or on behalf of the licensee.
44-8 (l) Recording or causing to be recorded a claim pursuant to the
44-9 provisions of NRS 645.8701 to 645.8811, inclusive, that is
44-10 determined by a district court to be frivolous and made without
44-11 reasonable cause pursuant to NRS 645.8791.
44-12 2. The Commission may take action pursuant to NRS 645.630
44-13 against a person who is subject to that section for the suspension or
44-14 revocation of a real estate broker’s, broker-salesman’s or salesman’s
44-15 license issued to him by any other jurisdiction.
44-16 3. The Commission may take action pursuant to NRS 645.630
44-17 against any person who:
44-18 (a) Holds a permit to engage in property management issued
44-19 pursuant to NRS 645.6052; and
44-20 (b) In connection with any property for which the person has
44-21 obtained a written brokerage agreement to manage the property
44-22 pursuant to NRS 645.6056:
44-23 (1) Is convicted of violating any of the provisions of
44-24 NRS 202.470;
44-25 (2) Has been notified in writing by the appropriate
44-26 governmental agency of a potential violation of NRS 244.360,
44-27 244.3603 or 268.4124, and has failed to inform the owner of the
44-28 property of such notification; or
44-29 (3) Has been directed in writing by the owner of the property
44-30 to correct a potential violation of NRS 244.360, 244.3603 or
44-31 268.4124, and has failed to correct the potential violation, if such
44-32 corrective action is within the scope of the person’s duties pursuant
44-33 to the written brokerage agreement.
44-34 4. The Division shall maintain a log of any complaints that it
44-35 receives relating to activities for which the Commission may take
44-36 action against a person holding a permit to engage in property
44-37 management pursuant to subsection 3.
44-38 5. On or before February 1 of each odd-numbered year, the
44-39 Division shall submit to the Director of the Legislative Counsel
44-40 Bureau a written report setting forth, for the previous biennium:
44-41 (a) Any complaints included in the log maintained by the
44-42 Division pursuant to subsection 4; and
44-43 (b) Any disciplinary actions taken by the Commission pursuant
44-44 to subsection 3.
45-1 Sec. 55. NRS 645A.090 is hereby amended to read as follows:
45-2 645A.090 1. The Commissioner may refuse to license any
45-3 escrow agent or agency or may suspend or revoke any license or
45-4 impose a fine of not more than $500 for each violation by entering
45-5 an order to that effect, with his findings in respect thereto, if upon a
45-6 hearing, it is determined that the applicant or licensee:
45-7 (a) In the case of an escrow agency, is insolvent;
45-8 (b) Has violated any provision of this chapter or any regulation
45-9 adopted pursuant thereto or has aided and abetted another to do so;
45-10 (c) In the case of an escrow agency, is in such a financial
45-11 condition that he cannot continue in business with safety to his
45-12 customers;
45-13 (d) Has committed fraud in connection with any transaction
45-14 governed by this chapter;
45-15 (e) Has intentionally or knowingly made any misrepresentation
45-16 or false statement to, or concealed any essential or material fact
45-17 from, any principal or designated agent of a principal in the course
45-18 of the escrow business;
45-19 (f) Has intentionally or knowingly made or caused to be made to
45-20 the Commissioner any false representation of a material fact or has
45-21 suppressed or withheld from the Commissioner any information
45-22 which the applicant or licensee possesses;
45-23 (g) Has failed without reasonable cause to furnish to the parties
45-24 of an escrow their respective statements of the settlement within a
45-25 reasonable time after the close of escrow;
45-26 (h) Has failed without reasonable cause to deliver, within a
45-27 reasonable time after the close of escrow, to the respective parties of
45-28 an escrow transaction any money, documents or other properties
45-29 held in escrow in violation of the provisions of the escrow
45-30 instructions;
45-31 (i) Has refused to permit an examination by the Commissioner
45-32 of his books and affairs or has refused or failed, within a reasonable
45-33 time, to furnish any information or make any report that may be
45-34 required by the Commissioner pursuant to the provisions of this
45-35 chapter;
45-36 (j) Has been convicted of a felony relating to the practice of
45-37 escrow agents or agencies or any misdemeanor of which an
45-38 essential element is fraud;
45-39 (k) In the case of an escrow agency, has failed to maintain
45-40 complete and accurate records of all transactions within the last 6
45-41 years;
45-42 (l) Has commingled the money of others with his own or
45-43 converted the money of others to his own use;
45-44 (m) Has failed, before the close of escrow, to obtain written
45-45 escrow instructions concerning any essential or material fact or
46-1 intentionally failed to follow the written instructions which have
46-2 been agreed upon by the parties and accepted by the holder of the
46-3 escrow;
46-4 (n) Has failed to disclose in writing that he is acting in the dual
46-5 capacity of escrow agent or agency and undisclosed principal in any
46-6 transaction; or
46-7 (o) In the case of an escrow agency, has:
46-8 (1) Failed to maintain adequate supervision of an escrow
46-9 agent; or
46-10 (2) Instructed an escrow agent to commit an act which would
46-11 be cause for the revocation of the escrow agent’s license and the
46-12 escrow agent committed the act. An escrow agent is not subject to
46-13 disciplinary action for committing such an act under instruction by
46-14 the escrow agency.
46-15 2. It is sufficient cause for the imposition of a fine or the
46-16 refusal, suspension or revocation of the license of a partnership,
46-17 corporation or any other association that any member of the
46-18 partnership or any officer or director of the corporation or
46-19 association has been guilty of any act or omission which would be
46-20 cause for such action had the applicant or licensee been a natural
46-21 person.
46-22 3. The Commissioner may suspend any license for not more
46-23 than 30 days, pending a hearing, if upon examination into the affairs
46-24 of the licensee it is determined that any of the grounds enumerated
46-25 in subsection 1 or 2 exist.
46-26 4. The Commissioner may refuse to issue a license to any
46-27 person who, within 10 years before the date of applying for a current
46-28 license, has had suspended or revoked a license issued pursuant to
46-29 this chapter or a comparable license issued by any other state,
46-30 district or territory of the United States or any foreign country.
46-31 Sec. 56. NRS 645B.020 is hereby amended to read as follows:
46-32 645B.020 1. A person who wishes to be licensed as a
46-33 mortgage broker must file a written application for a license with the
46-34 office of the Commissioner and pay the fee required pursuant to
46-35 NRS 645B.050. An application for a license as a mortgage broker
46-36 must:
46-37 (a) Be verified.
46-38 (b) State the name, residence address and business address of
46-39 the applicant and the location of each principal office and branch
46-40 office at which the mortgage broker will conduct business within
46-41 this state.
46-42 (c) State the name under which the applicant will conduct
46-43 business as a mortgage broker.
46-44 (d) List the name, residence address and business address of
46-45 each person who will:
47-1 (1) If the applicant is not a natural person, have an interest in
47-2 the mortgage broker as a principal, partner, officer, director or
47-3 trustee, specifying the capacity and title of each such person.
47-4 (2) Be associated with or employed by the mortgage broker
47-5 as a mortgage agent.
47-6 (e) If the applicant is a natural person, include the social security
47-7 number of the applicant.
47-8 (f) Include a general business plan and a description of the
47-9 policies and procedures that the mortgage broker and his mortgage
47-10 agents will follow to arrange and service loans and to conduct
47-11 business pursuant to this chapter.
47-12 (g) State the length of time the applicant has been engaged in the
47-13 business of a broker.
47-14 (h) Include a financial statement of the applicant and, if
47-15 applicable, satisfactory proof that the applicant will be able to
47-16 maintain continuously the net worth required pursuant to
47-17 NRS 645B.115.
47-18 (i) Include any other information required pursuant to the
47-19 regulations adopted by the Commissioner or an order of the
47-20 Commissioner.
47-21 2. If a mortgage broker will conduct business at one or more
47-22 branch offices within this state, the mortgage broker must apply for
47-23 a license for each such branch office.
47-24 3. Except as otherwise provided in this chapter, the
47-25 Commissioner shall issue a license to an applicant as a mortgage
47-26 broker if:
47-27 (a) The application complies with the requirements of this
47-28 chapter;
47-29 (b) The applicant submits the statement required pursuant to
47-30 NRS 645B.023, if the applicant is required to do so; and
47-31 (c) The applicant and each general partner, officer or director of
47-32 the applicant, if the applicant is a partnership, corporation or
47-33 unincorporated association:
47-34 (1) Has a good reputation for honesty, trustworthiness and
47-35 integrity and displays competence to transact the business of a
47-36 mortgage broker in a manner which safeguards the interests of the
47-37 general public. The applicant must submit satisfactory proof of these
47-38 qualifications to the Commissioner.
47-39 (2) Has not been convicted of, or entered a plea of nolo
47-40 contendere to, a felony relating to the practice of mortgage brokers
47-41 or any crime involving fraud, misrepresentation or moral turpitude.
47-42 (3) Has not made a false statement of material fact on his
47-43 application.
47-44 (4) Has not had a license that was issued pursuant to the
47-45 provisions of this chapter or chapter 645E of NRS suspended or
48-1 revoked within the 10 years immediately preceding the date of his
48-2 application.
48-3 (5) Has not had a license that was issued in any other state,
48-4 district or territory of the United States or any foreign country
48-5 suspended or revoked within the 10 years immediately preceding the
48-6 date of his application.
48-7 (6) Has not violated any provision of this chapter or chapter
48-8 645E of NRS, a regulation adopted pursuant thereto or an order of
48-9 the Commissioner.
48-10 Sec. 57. NRS 645B.020 is hereby amended to read as follows:
48-11 645B.020 1. A person who wishes to be licensed as a
48-12 mortgage broker must file a written application for a license with the
48-13 office of the Commissioner and pay the fee required pursuant to
48-14 NRS 645B.050. An application for a license as a mortgage broker
48-15 must:
48-16 (a) Be verified.
48-17 (b) State the name, residence address and business address of
48-18 the applicant and the location of each principal office and branch
48-19 office at which the mortgage broker will conduct business within
48-20 this state.
48-21 (c) State the name under which the applicant will conduct
48-22 business as a mortgage broker.
48-23 (d) List the name, residence address and business address of
48-24 each person who will:
48-25 (1) If the applicant is not a natural person, have an interest in
48-26 the mortgage broker as a principal, partner, officer, director or
48-27 trustee, specifying the capacity and title of each such person.
48-28 (2) Be associated with or employed by the mortgage broker
48-29 as a mortgage agent.
48-30 (e) Include a general business plan and a description of the
48-31 policies and procedures that the mortgage broker and his mortgage
48-32 agents will follow to arrange and service loans and to conduct
48-33 business pursuant to this chapter.
48-34 (f) State the length of time the applicant has been engaged in the
48-35 business of a mortgage broker.
48-36 (g) Include a financial statement of the applicant and, if
48-37 applicable, satisfactory proof that the applicant will be able to
48-38 maintain continuously the net worth required pursuant to
48-39 NRS 645B.115.
48-40 (h) Include any other information required pursuant to the
48-41 regulations adopted by the Commissioner or an order of the
48-42 Commissioner.
48-43 2. If a mortgage broker will conduct business at one or more
48-44 branch offices within this state, the mortgage broker must apply for
48-45 a license for each such branch office.
49-1 3. Except as otherwise provided in this chapter, the
49-2 Commissioner shall issue a license to an applicant as a mortgage
49-3 broker if:
49-4 (a) The application complies with the requirements of this
49-5 chapter; and
49-6 (b) The applicant and each general partner, officer or director of
49-7 the applicant, if the applicant is a partnership, corporation or
49-8 unincorporated association:
49-9 (1) Has a good reputation for honesty, trustworthiness and
49-10 integrity and displays competence to transact the business of a
49-11 mortgage broker in a manner which safeguards the interests of the
49-12 general public. The applicant must submit satisfactory proof of these
49-13 qualifications to the Commissioner.
49-14 (2) Has not been convicted of, or entered a plea of nolo
49-15 contendere to, a felony relating to the practice of mortgage brokers
49-16 or any crime involving fraud, misrepresentation or moral turpitude.
49-17 (3) Has not made a false statement of material fact on his
49-18 application.
49-19 (4) Has not had a license that was issued pursuant to the
49-20 provisions of this chapter or chapter 645E of NRS suspended or
49-21 revoked within the 10 years immediately preceding the date of his
49-22 application.
49-23 (5) Has not had a license that was issued in any other state,
49-24 district or territory of the United States or any foreign country
49-25 suspended or revoked within the 10 years immediately preceding the
49-26 date of his application.
49-27 (6) Has not violated any provision of this chapter or chapter
49-28 645E of NRS, a regulation adopted pursuant thereto or an order of
49-29 the Commissioner.
49-30 Sec. 58. NRS 645B.0243 is hereby amended to read as
49-31 follows:
49-32 645B.0243 The Commissioner may refuse to issue a license to
49-33 an applicant if the Commissioner has reasonable cause to believe
49-34 that the applicant or any general partner, officer or director of the
49-35 applicant has, after October 1, 1999, employed or proposed to
49-36 employ a person as a mortgage agent or authorized or proposed to
49-37 authorize a person to be associated with a mortgage broker as a
49-38 mortgage agent at a time when the applicant or the general partner,
49-39 officer or director knew or, in light of all the surrounding facts and
49-40 circumstances, reasonably should have known that the person:
49-41 1. Had been convicted of, or entered a plea of nolo contendere
49-42 to[, a] :
49-43 (a) A felony relating to the practice of mortgage brokers; or
49-44 [any]
50-1 (b) Any crime involving fraud, misrepresentation or moral
50-2 turpitude; or
50-3 2. Had a financial services license or registration suspended or
50-4 revoked within the immediately preceding 10 years.
50-5 Sec. 59. NRS 645B.450 is hereby amended to read as follows:
50-6 645B.450 1. A person shall not act as or provide any of the
50-7 services of a mortgage agent or otherwise engage in, carry on or
50-8 hold himself out as engaging in or carrying on the activities of a
50-9 mortgage agent if the person:
50-10 (a) Has been convicted of, or entered a plea of nolo contendere
50-11 to[, a] :
50-12 (1) A felony relating to the practice of mortgage agents; or
50-13 [any]
50-14 (2) Any crime involving fraud, misrepresentation or moral
50-15 turpitude; or
50-16 (b) Has had a financial services license or registration suspended
50-17 or revoked within the immediately preceding 10 years.
50-18 2. A mortgage agent may not be associated with or employed
50-19 by more than one mortgage broker at the same time.
50-20 3. A mortgage broker shall register with the Division each
50-21 person who will be associated with or employed by the mortgage
50-22 broker as a mortgage agent. A mortgage broker shall register each
50-23 such person with the Division when the person begins his
50-24 association or employment with the mortgage broker and annually
50-25 thereafter. A registration expires 12 months after its effective date.
50-26 4. To register a person as a mortgage agent, a mortgage broker
50-27 must:
50-28 (a) Submit to the Division a registration form which is provided
50-29 by the Division and which:
50-30 (1) States the name, residence address and business address
50-31 of the person;
50-32 (2) Is signed by the person;
50-33 (3) Includes a provision by which the person gives his
50-34 written consent to an investigation of his credit history, criminal
50-35 history and background; and
50-36 (4) Includes any other information or supporting materials
50-37 required by the regulations adopted by the Commissioner. Such
50-38 information or supporting materials may include, without limitation,
50-39 a complete set of fingerprints from the person, the social security
50-40 number of the person and other forms of identification of the person.
50-41 (b) For each initial registration, pay the actual costs and
50-42 expenses incurred by the Division to investigate the credit history,
50-43 criminal history and background of the person. All money received
50-44 pursuant to this paragraph must be placed in the Investigative
50-45 Account for Financial Institutions created by NRS 232.545.
51-1 (c) For each annual registration, submit to the Division
51-2 satisfactory proof that the person attended at least 5 hours of
51-3 certified courses of continuing education during the 12 months
51-4 immediately preceding the date on which the registration expires.
51-5 5. Not later than the date on which the mortgage broker
51-6 submits the information for annual registration required by
51-7 subsection 4, the person being registered shall pay an annual
51-8 registration fee of $125. If the person does not pay the annual
51-9 registration fee, the person shall be deemed to be unregistered for
51-10 the purposes of this chapter.
51-11 6. A mortgage broker shall not employ a person as a mortgage
51-12 agent or authorize a person to be associated with the mortgage
51-13 broker as a mortgage agent if the mortgage broker has not registered
51-14 the person with the Division pursuant to this section or if the person:
51-15 (a) Has been convicted of, or entered a plea of nolo contendere
51-16 to, a felony relating to the practice of mortgage agents or any
51-17 crime involving fraud, misrepresentation or moral turpitude; or
51-18 (b) Has had a financial services license or registration suspended
51-19 or revoked within the immediately preceding 10 years.
51-20 7. If a mortgage agent terminates his association or
51-21 employment with a mortgage broker for any reason, the mortgage
51-22 broker shall, not later than the third business day following the date
51-23 of termination:
51-24 (a) Deliver to the mortgage agent or send by certified mail to the
51-25 last known residence address of the mortgage agent a written
51-26 statement which advises him that his termination is being reported
51-27 to the Division; and
51-28 (b) Deliver or send by certified mail to the Division:
51-29 (1) A written statement of the circumstances surrounding the
51-30 termination; and
51-31 (2) A copy of the written statement that the mortgage broker
51-32 delivers or mails to the mortgage agent pursuant to paragraph (a).
51-33 8. As used in this section, “certified course of continuing
51-34 education” has the meaning ascribed to it in NRS 645B.051.
51-35 Sec. 60. NRS 645B.670 is hereby amended to read as follows:
51-36 645B.670 Except as otherwise provided in NRS 645B.690:
51-37 1. For each violation committed by an applicant, whether or
51-38 not he is issued a license, the Commissioner may impose upon the
51-39 applicant an administrative fine of not more than $10,000, if the
51-40 applicant:
51-41 (a) Has knowingly made or caused to be made to the
51-42 Commissioner any false representation of material fact;
51-43 (b) Has suppressed or withheld from the Commissioner any
51-44 information which the applicant possesses and which, if submitted
52-1 by him, would have rendered the applicant ineligible to be licensed
52-2 pursuant to the provisions of this chapter; or
52-3 (c) Has violated any provision of this chapter, a regulation
52-4 adopted pursuant to this chapter or an order of the Commissioner in
52-5 completing and filing his application for a license or during the
52-6 course of the investigation of his application for a license.
52-7 2. For each violation committed by a licensee, the
52-8 Commissioner may impose upon the licensee an administrative fine
52-9 of not more than $10,000, may suspend, revoke or place conditions
52-10 upon his license, or may do both, if the licensee, whether or not
52-11 acting as such:
52-12 (a) Is insolvent;
52-13 (b) Is grossly negligent or incompetent in performing any act for
52-14 which he is required to be licensed pursuant to the provisions of this
52-15 chapter;
52-16 (c) Does not conduct his business in accordance with law or has
52-17 violated any provision of this chapter, a regulation adopted pursuant
52-18 to this chapter or an order of the Commissioner;
52-19 (d) Is in such financial condition that he cannot continue in
52-20 business with safety to his customers;
52-21 (e) Has made a material misrepresentation in connection with
52-22 any transaction governed by this chapter;
52-23 (f) Has suppressed or withheld from a client any material facts,
52-24 data or other information relating to any transaction governed by the
52-25 provisions of this chapter which the licensee knew or, by the
52-26 exercise of reasonable diligence, should have known;
52-27 (g) Has knowingly made or caused to be made to the
52-28 Commissioner any false representation of material fact or has
52-29 suppressed or withheld from the Commissioner any information
52-30 which the licensee possesses and which, if submitted by him, would
52-31 have rendered the licensee ineligible to be licensed pursuant to the
52-32 provisions of this chapter;
52-33 (h) Has failed to account to persons interested for all money
52-34 received for a trust account;
52-35 (i) Has refused to permit an examination by the Commissioner
52-36 of his books and affairs or has refused or failed, within a reasonable
52-37 time, to furnish any information or make any report that may be
52-38 required by the Commissioner pursuant to the provisions of this
52-39 chapter or a regulation adopted pursuant to this chapter;
52-40 (j) Has been convicted of, or entered a plea of nolo contendere
52-41 to, a felony relating to the practice of mortgage brokers or any
52-42 crime involving fraud, misrepresentation or moral turpitude;
52-43 (k) Has refused or failed to pay, within a reasonable time, any
52-44 fees, assessments, costs or expenses that the licensee is required to
53-1 pay pursuant to this chapter or a regulation adopted pursuant to this
53-2 chapter;
53-3 (l) Has failed to satisfy a claim made by a client which has been
53-4 reduced to judgment;
53-5 (m) Has failed to account for or to remit any money of a client
53-6 within a reasonable time after a request for an accounting or
53-7 remittal;
53-8 (n) Has commingled the money or other property of a client
53-9 with his own or has converted the money or property of others to his
53-10 own use;
53-11 (o) Has engaged in any other conduct constituting a deceitful,
53-12 fraudulent or dishonest business practice;
53-13 (p) Has repeatedly violated the policies and procedures of the
53-14 mortgage broker;
53-15 (q) Has failed to exercise reasonable supervision over the
53-16 activities of a mortgage agent as required by NRS 645B.460;
53-17 (r) Has instructed a mortgage agent to commit an act that would
53-18 be cause for the revocation of the license of the mortgage broker,
53-19 whether or not the mortgage agent commits the act;
53-20 (s) Has employed a person as a mortgage agent or authorized a
53-21 person to be associated with the licensee as a mortgage agent at a
53-22 time when the licensee knew or, in light of all the surrounding facts
53-23 and circumstances, reasonably should have known that the person:
53-24 (1) Had been convicted of, or entered a plea of nolo
53-25 contendere to, a felony relating to the practice of mortgage agents
53-26 or any crime involving fraud, misrepresentation or moral turpitude;
53-27 or
53-28 (2) Had a financial services license or registration suspended
53-29 or revoked within the immediately preceding 10 years; or
53-30 (t) Has not conducted verifiable business as a mortgage broker
53-31 for 12 consecutive months, except in the case of a new applicant.
53-32 The Commissioner shall determine whether a mortgage broker is
53-33 conducting business by examining the monthly reports of activity
53-34 submitted by the licensee or by conducting an examination of the
53-35 licensee.
53-36 Sec. 61. NRS 645C.460 is hereby amended to read as follows:
53-37 645C.460 1. Grounds for disciplinary action against a
53-38 certified or licensed appraiser or registered intern include:
53-39 (a) Unprofessional conduct;
53-40 (b) Professional incompetence;
53-41 (c) A criminal conviction for a felony relating to the practice of
53-42 appraisers or any offense involving moral turpitude; and
53-43 (d) The suspension or revocation of a registration card,
53-44 certificate, license or permit to act as an appraiser in any other
53-45 jurisdiction.
54-1 2. If grounds for disciplinary action against an appraiser or
54-2 intern exist, the Commission may do one or more of the following:
54-3 (a) Revoke or suspend his certificate, license or registration
54-4 card.
54-5 (b) Place conditions upon his certificate, license or registration
54-6 card, or upon the reissuance of a certificate, license or registration
54-7 card revoked pursuant to this section.
54-8 (c) Deny the renewal of his certificate, license or registration
54-9 card.
54-10 (d) Impose a fine of not more than $1,000 for each violation.
54-11 3. If a certificate, license or registration card is revoked by the
54-12 Commission, another certificate, license or registration card must
54-13 not be issued to the same appraiser or intern for at least 1 year after
54-14 the date of the revocation, or at any time thereafter except in the sole
54-15 discretion of the Administrator, and then only if the appraiser or
54-16 intern satisfies all the requirements for an original certificate, license
54-17 or registration card.
54-18 4. If discipline is imposed pursuant to this section, the costs of
54-19 the proceeding, including investigative costs and attorney’s fees,
54-20 may be recovered by the Commission.
54-21 Sec. 62. NRS 645E.200 is hereby amended to read as follows:
54-22 645E.200 1. A person who wishes to be licensed as a
54-23 mortgage company must file a written application for a license with
54-24 the Office of the Commissioner and pay the fee required pursuant to
54-25 NRS 645E.280. An application for a license as a mortgage company
54-26 must:
54-27 (a) Be verified.
54-28 (b) State the name, residence address and business address of
54-29 the applicant and the location of each principal office and branch
54-30 office at which the mortgage company will conduct business in this
54-31 state, including, without limitation, any office or other place of
54-32 business located outside this state from which the mortgage
54-33 company will conduct business in this state.
54-34 (c) State the name under which the applicant will conduct
54-35 business as a mortgage company.
54-36 (d) If the applicant is not a natural person, list the name,
54-37 residence address and business address of each person who will
54-38 have an interest in the mortgage company as a principal, partner,
54-39 officer, director or trustee, specifying the capacity and title of each
54-40 such person.
54-41 (e) Indicate the general plan and character of the business.
54-42 (f) State the length of time the applicant has been engaged in the
54-43 business of a mortgage company.
54-44 (g) Include a financial statement of the applicant.
55-1 (h) Include any other information required pursuant to the
55-2 regulations adopted by the Commissioner or an order of the
55-3 Commissioner.
55-4 2. If a mortgage company will conduct business in this state at
55-5 one or more branch offices, the mortgage company must apply for a
55-6 license for each such branch office.
55-7 3. Except as otherwise provided in this chapter, the
55-8 Commissioner shall issue a license to an applicant as a mortgage
55-9 company if:
55-10 (a) The application complies with the requirements of this
55-11 chapter; and
55-12 (b) The applicant and each general partner, officer or director of
55-13 the applicant, if the applicant is a partnership, corporation or
55-14 unincorporated association:
55-15 (1) Has a good reputation for honesty, trustworthiness and
55-16 integrity and displays competence to transact the business of a
55-17 mortgage company in a manner which safeguards the interests of the
55-18 general public. The applicant must submit satisfactory proof of these
55-19 qualifications to the Commissioner.
55-20 (2) Has not been convicted of, or entered a plea of nolo
55-21 contendere to, a felony relating to the practice of mortgage
55-22 companies or any crime involving fraud, misrepresentation or moral
55-23 turpitude.
55-24 (3) Has not made a false statement of material fact on his
55-25 application.
55-26 (4) Has not had a license that was issued pursuant to the
55-27 provisions of this chapter or chapter 645B of NRS suspended or
55-28 revoked within the 10 years immediately preceding the date of his
55-29 application.
55-30 (5) Has not had a license that was issued in any other state,
55-31 district or territory of the United States or any foreign country
55-32 suspended or revoked within the 10 years immediately preceding the
55-33 date of his application.
55-34 (6) Has not violated any provision of this chapter or chapter
55-35 645B of NRS, a regulation adopted pursuant thereto or an order of
55-36 the Commissioner.
55-37 4. If an applicant is a partnership, corporation or
55-38 unincorporated association, the Commissioner may refuse to issue a
55-39 license to the applicant if any member of the partnership or any
55-40 officer or director of the corporation or unincorporated association
55-41 has committed any act or omission that would be cause for refusing
55-42 to issue a license to a natural person.
55-43 5. A person may apply for a license for an office or other place
55-44 of business located outside this state from which the applicant will
55-45 conduct business in this state if the applicant or a subsidiary or
56-1 affiliate of the applicant has a license issued pursuant to this chapter
56-2 for an office or other place of business located in this state and if the
56-3 applicant submits with the application for a license a statement
56-4 signed by the applicant which states that the applicant agrees to:
56-5 (a) Make available at a location within this state the books,
56-6 accounts, papers, records and files of the office or place of business
56-7 located outside this state to the Commissioner or a representative of
56-8 the Commissioner; or
56-9 (b) Pay the reasonable expenses for travel, meals and lodging of
56-10 the Commissioner or a representative of the Commissioner incurred
56-11 during any investigation or examination made at the office or place
56-12 of business located outside this state.
56-13 The applicant must be allowed to choose between paragraph (a) or
56-14 (b) in complying with the provisions of this subsection.
56-15 Sec. 63. NRS 645E.670 is hereby amended to read as follows:
56-16 645E.670 1. For each violation committed by an applicant,
56-17 whether or not he is issued a license, the Commissioner may impose
56-18 upon the applicant an administrative fine of not more than $10,000,
56-19 if the applicant:
56-20 (a) Has knowingly made or caused to be made to the
56-21 Commissioner any false representation of material fact;
56-22 (b) Has suppressed or withheld from the Commissioner any
56-23 information which the applicant possesses and which, if submitted
56-24 by him, would have rendered the applicant ineligible to be licensed
56-25 pursuant to the provisions of this chapter; or
56-26 (c) Has violated any provision of this chapter, a regulation
56-27 adopted pursuant to this chapter or an order of the Commissioner in
56-28 completing and filing his application for a license or during the
56-29 course of the investigation of his application for a license.
56-30 2. For each violation committed by a licensee, the
56-31 Commissioner may impose upon the licensee an administrative fine
56-32 of not more than $10,000, may suspend, revoke or place conditions
56-33 upon his license, or may do both, if the licensee, whether or not
56-34 acting as such:
56-35 (a) Is insolvent;
56-36 (b) Is grossly negligent or incompetent in performing any act for
56-37 which he is required to be licensed pursuant to the provisions of this
56-38 chapter;
56-39 (c) Does not conduct his business in accordance with law or has
56-40 violated any provision of this chapter, a regulation adopted pursuant
56-41 to this chapter or an order of the Commissioner;
56-42 (d) Is in such financial condition that he cannot continue in
56-43 business with safety to his customers;
56-44 (e) Has made a material misrepresentation in connection with
56-45 any transaction governed by this chapter;
57-1 (f) Has suppressed or withheld from a client any material facts,
57-2 data or other information relating to any transaction governed by the
57-3 provisions of this chapter which the licensee knew or, by the
57-4 exercise of reasonable diligence, should have known;
57-5 (g) Has knowingly made or caused to be made to the
57-6 Commissioner any false representation of material fact or has
57-7 suppressed or withheld from the Commissioner any information
57-8 which the licensee possesses and which, if submitted by him, would
57-9 have rendered the licensee ineligible to be licensed pursuant to the
57-10 provisions of this chapter;
57-11 (h) Has failed to account to persons interested for all money
57-12 received for a trust account;
57-13 (i) Has refused to permit an examination by the Commissioner
57-14 of his books and affairs or has refused or failed, within a reasonable
57-15 time, to furnish any information or make any report that may be
57-16 required by the Commissioner pursuant to the provisions of this
57-17 chapter or a regulation adopted pursuant to this chapter;
57-18 (j) Has been convicted of, or entered a plea of nolo contendere
57-19 to, a felony relating to the practice of mortgage companies or any
57-20 crime involving fraud, misrepresentation or moral turpitude;
57-21 (k) Has refused or failed to pay, within a reasonable time, any
57-22 fees, assessments, costs or expenses that the licensee is required to
57-23 pay pursuant to this chapter or a regulation adopted pursuant to this
57-24 chapter;
57-25 (l) Has failed to satisfy a claim made by a client which has been
57-26 reduced to judgment;
57-27 (m) Has failed to account for or to remit any money of a client
57-28 within a reasonable time after a request for an accounting or
57-29 remittal;
57-30 (n) Has commingled the money or other property of a client
57-31 with his own or has converted the money or property of others to his
57-32 own use; or
57-33 (o) Has engaged in any other conduct constituting a deceitful,
57-34 fraudulent or dishonest business practice.
57-35 Sec. 64. NRS 648.110 is hereby amended to read as follows:
57-36 648.110 1. Before the Board grants any license, the applicant,
57-37 including each director and officer of a corporate applicant, must:
57-38 (a) Be at least 21 years of age.
57-39 (b) Be a citizen of the United States or lawfully entitled to
57-40 remain and work in the United States.
57-41 (c) Be of good moral character and temperate habits.
57-42 (d) Have no conviction of [a] :
57-43 (1) A felony relating to the practice for which the applicant
57-44 wishes to be licensed; or [a]
58-1 (2) Any crime involving moral turpitude or the illegal use or
58-2 possession of a dangerous weapon.
58-3 2. Each applicant, or the qualifying agent of a corporate
58-4 applicant, must:
58-5 (a) If an applicant for a private investigator’s license, have at
58-6 least 5 years’ experience as an investigator, or the equivalent
58-7 thereof, as determined by the Board.
58-8 (b) If an applicant for a repossessor’s license, have at least 5
58-9 years’ experience as a repossessor, or the equivalent thereof, as
58-10 determined by the Board.
58-11 (c) If an applicant for a private patrolman’s license, have at least
58-12 5 years’ experience as a private patrolman, or the equivalent thereof,
58-13 as determined by the Board.
58-14 (d) If an applicant for a process server’s license, have at least 2
58-15 years’ experience as a process server, or the equivalent thereof, as
58-16 determined by the Board.
58-17 (e) If an applicant for a dog handler’s license, demonstrate to the
58-18 satisfaction of the Board his ability to handle, supply and train
58-19 watchdogs.
58-20 (f) If an applicant for a license as an intern, have:
58-21 (1) Received:
58-22 (I) A baccalaureate degree from an accredited college or
58-23 university and have at least 1 year’s experience in investigation or
58-24 polygraphic examination satisfactory to the Board;
58-25 (II) An associate degree from an accredited college or
58-26 university and have at least 3 years’ experience; or
58-27 (III) A high school diploma or its equivalent and have at
58-28 least 5 years’ experience; and
58-29 (2) Satisfactorily completed a basic course of instruction in
58-30 polygraphic techniques satisfactory to the Board.
58-31 (g) If an applicant for a license as a polygraphic examiner:
58-32 (1) Meet the requirements contained in paragraph (f);
58-33 (2) Have actively conducted polygraphic examinations for at
58-34 least 2 years;
58-35 (3) Have completed successfully at least 250 polygraphic
58-36 examinations, including at least 100 examinations concerning
58-37 specific inquiries as distinguished from general examinations for the
58-38 purpose of screening;
58-39 (4) Have completed successfully at least 50 polygraphic
58-40 examinations, including 10 examinations concerning specific
58-41 inquiries, during the 12 months immediately before the date of his
58-42 application; and
58-43 (5) Have completed successfully at least 24 hours of
58-44 advanced polygraphic training acceptable to the Board during the 2
58-45 years immediately before the date of his application.
59-1 (h) Meet other requirements as determined by the Board.
59-2 3. The Board, when satisfied from recommendations and
59-3 investigation that the applicant is of good character, competency and
59-4 integrity, may issue and deliver a license to the applicant entitling
59-5 him to conduct the business for which he is licensed, for the period
59-6 which ends on July 1 next following the date of issuance.
59-7 4. For the purposes of this section, 1 year of experience
59-8 consists of 2,000 hours of experience.
59-9 Sec. 65. NRS 648.150 is hereby amended to read as follows:
59-10 648.150 The Board may discipline any licensee for any of the
59-11 following causes:
59-12 1. Conviction of a felony relating to the practice of the
59-13 licensee or of any offense involving moral turpitude.
59-14 2. Violation of any of the provisions of this chapter or of a
59-15 regulation adopted pursuant thereto.
59-16 3. A false statement by the licensee that any person is or has
59-17 been in his employ.
59-18 4. Any unprofessional conduct or unfitness of the licensee or
59-19 any person in his employ.
59-20 5. Any false statement or the giving of any false information in
59-21 connection with an application for a license or a renewal or
59-22 reinstatement of a license.
59-23 6. Any act in the course of the licensee’s business constituting
59-24 dishonesty or fraud.
59-25 7. Impersonation or aiding and abetting an employee in the
59-26 impersonation of a law enforcement officer or employee of the
59-27 United States of America, or of any state or political subdivision
59-28 thereof.
59-29 8. During the period between the expiration of a license for the
59-30 failure to renew within the time fixed by this chapter and the
59-31 reinstatement of the license, the commission of any act which would
59-32 be a cause for the suspension or revocation of a license, or grounds
59-33 for the denial of an application for a license.
59-34 9. Willful failure or refusal to render to a client services or a
59-35 report as agreed between the parties and for which compensation
59-36 has been paid or tendered in accordance with the agreement of the
59-37 parties.
59-38 10. Commission of assault, battery or kidnapping.
59-39 11. Knowing violation of any court order or injunction in the
59-40 course of business as a licensee.
59-41 12. Any act which is a ground for denial of an application for a
59-42 license under this chapter.
59-43 13. Willfully aiding or abetting a person in a violation of a
59-44 provision of this chapter or a regulation adopted pursuant thereto.
60-1 Sec. 66. NRS 649.085 is hereby amended to read as follows:
60-2 649.085 Every individual applicant, every officer and director
60-3 of a corporate applicant, and every member of a firm or partnership
60-4 applicant for a license as a collection agency or collection agent
60-5 must submit proof satisfactory to the Commissioner that he:
60-6 1. Is a citizen of the United States or lawfully entitled to
60-7 remain and work in the United States.
60-8 2. Has a good reputation for honesty, trustworthiness, integrity
60-9 and is competent to transact the business of a collection agency in a
60-10 manner which protects the interests of the general public.
60-11 3. Has not had a collection agency license suspended or
60-12 revoked within the 10 years immediately preceding the date of the
60-13 application.
60-14 4. Has not been convicted of, or entered a plea of nolo
60-15 contendere to[, a] :
60-16 (a) A felony relating to the practice of collection agencies or
60-17 collection agents; or [any]
60-18 (b) Any crime involving fraud, misrepresentation or moral
60-19 turpitude.
60-20 5. Has not made a false statement of material fact on his
60-21 application.
60-22 6. Will maintain one or more offices in this state for the
60-23 transaction of the business of his collection agency.
60-24 7. Has established a plan to ensure that his collection agency
60-25 will provide the services of a collection agency adequately and
60-26 efficiently.
60-27 Sec. 67. NRS 652.220 is hereby amended to read as follows:
60-28 652.220 A license may be denied, suspended or revoked if the
60-29 laboratory, laboratory director or any technical employee of the
60-30 laboratory:
60-31 1. Violates any provision of this chapter;
60-32 2. Makes any misrepresentation in obtaining a license;
60-33 3. Has been convicted of a felony[;] relating to the position
60-34 for which the applicant has applied or the licensee has been
60-35 licensed pursuant to this chapter;
60-36 4. Has been convicted of violating any of the provisions of
60-37 NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
60-38 inclusive;
60-39 5. Is guilty of unprofessional conduct;
60-40 6. Knowingly permits the use of the name of a licensed
60-41 laboratory or its director by an unlicensed laboratory; or
60-42 7. Fails to meet the minimum standards prescribed by the
60-43 Board.
61-1 Sec. 68. NRS 654.190 is hereby amended to read as follows:
61-2 654.190 1. The Board may, after notice and hearing, impose
61-3 an administrative fine of not more than $2,500 on and suspend or
61-4 revoke the license of any nursing facility administrator or
61-5 administrator of a residential facility for groups who:
61-6 (a) Is convicted of a felony[,] relating to the practice of
61-7 administering a nursing facility or residential facility or of any
61-8 offense involving moral turpitude.
61-9 (b) Has obtained his license by the use of fraud or deceit.
61-10 (c) Violates any of the provisions of this chapter.
61-11 (d) Aids or abets any person in the violation of any of the
61-12 provisions of NRS 449.001 to 449.240, inclusive, as those
61-13 provisions pertain to a facility for skilled nursing, facility for
61-14 intermediate care or residential facility for groups.
61-15 (e) Violates any regulation of the Board prescribing additional
61-16 standards of conduct for nursing facility administrators or
61-17 administrators of residential facilities for groups.
61-18 2. The Board shall give a licensee against whom proceedings
61-19 are brought pursuant to this section written notice of a hearing not
61-20 less than 10 days before the date of the hearing.
61-21 3. If discipline is imposed pursuant to this section, the costs of
61-22 the proceeding, including investigative costs and attorney’s fees,
61-23 may be recovered by the Board.
61-24 Sec. 69. NRS 656.240 is hereby amended to read as follows:
61-25 656.240 The Board may refuse to issue or to renew or may
61-26 suspend or revoke any certificate for any one or a combination of
61-27 the following causes:
61-28 1. If the applicant or court reporter has by false representation
61-29 obtained or sought to obtain a certificate for himself or any other
61-30 person.
61-31 2. If the applicant or court reporter has been found in contempt
61-32 of court, arising out of his conduct in performing or attempting to
61-33 perform any act as a court reporter.
61-34 3. If the applicant or court reporter has been convicted of a
61-35 crime related to the qualifications, functions and responsibilities of a
61-36 certified court reporter.
61-37 4. If the applicant or court reporter has been convicted of [a
61-38 felony or gross misdemeanor or of] any offense involving moral
61-39 turpitude.
61-40 The judgment of conviction or a certified copy of the judgment is
61-41 conclusive evidence of conviction of an offense.
61-42 Sec. 70. NRS 676.290 is hereby amended to read as follows:
61-43 676.290 1. The Commissioner may, pursuant to the
61-44 procedure provided in this chapter, deny, suspend or revoke any
61-45 license for which application has been made or which has been
62-1 issued under the provisions of this chapter if he finds, as to the
62-2 licensee, its associates, directors or officers, grounds for action.
62-3 2. Any one of the following grounds may provide the requisite
62-4 grounds for denial, suspension or revocation:
62-5 (a) Conviction of a felony relating to the practice of debt
62-6 adjusters or of a misdemeanor involving moral turpitude.
62-7 (b) Violation of any of the provisions of this chapter or
62-8 regulations of the Commissioner.
62-9 (c) Fraud or deceit in procuring the issuance of the license.
62-10 (d) Continuous course of unfair conduct.
62-11 (e) Insolvency, filing in bankruptcy, receivership or assigning
62-12 for the benefit of creditors by any licensee or applicant for a license
62-13 under this chapter.
62-14 (f) Failure to pay the fee for renewal or reinstatement of a
62-15 license.
62-16 3. The Commissioner shall, after notice and hearing, impose
62-17 upon the licensee a fine of $500 for each violation by the licensee of
62-18 any of the provisions of this chapter or regulations of the
62-19 Commissioner. If a fine is imposed pursuant to this section, the
62-20 costs of the proceeding, including investigative costs and attorney’s
62-21 fees, may be recovered by the Commissioner.
62-22 Sec. 71. NRS 692A.105 is hereby amended to read as follows:
62-23 692A.105 1. The Commissioner may refuse to license any
62-24 title agent or escrow officer or may suspend or revoke any license or
62-25 impose a fine of not more than $500 for each violation by entering
62-26 an order to that effect, with his findings in respect thereto, if upon a
62-27 hearing, it is determined that the applicant or licensee:
62-28 (a) In the case of a title agent, is insolvent or in such a financial
62-29 condition that he cannot continue in business with safety to his
62-30 customers;
62-31 (b) Has violated any provision of this chapter or any regulation
62-32 adopted pursuant thereto or has aided and abetted another to do so;
62-33 (c) Has committed fraud in connection with any transaction
62-34 governed by this chapter;
62-35 (d) Has intentionally or knowingly made any misrepresentation
62-36 or false statement to, or concealed any essential or material fact
62-37 known to him from, any principal or designated agent of the
62-38 principal in the course of the escrow business;
62-39 (e) Has intentionally or knowingly made or caused to be made
62-40 to the Commissioner any false representation of a material fact or
62-41 has suppressed or withheld from him any information which the
62-42 applicant or licensee possesses;
62-43 (f) Has failed without reasonable cause to furnish to the parties
62-44 of an escrow their respective statements of the settlement within a
62-45 reasonable time after the close of escrow;
63-1 (g) Has failed without reasonable cause to deliver, within a
63-2 reasonable time after the close of escrow, to the respective parties of
63-3 an escrow transaction any money, documents or other properties
63-4 held in escrow in violation of the provisions of the escrow
63-5 instructions;
63-6 (h) Has refused to permit an examination by the Commissioner
63-7 of his books and affairs or has refused or failed, within a reasonable
63-8 time, to furnish any information or make any report that may be
63-9 required by the Commissioner pursuant to the provisions of this
63-10 chapter;
63-11 (i) Has been convicted of a felony relating to the practice of
63-12 title agents or any misdemeanor of which an essential element is
63-13 fraud;
63-14 (j) In the case of a title agent, has failed to maintain complete
63-15 and accurate records of all transactions within the last 7 years;
63-16 (k) Has commingled the money of other persons with his own or
63-17 converted the money of other persons to his own use;
63-18 (l) Has failed, before the close of escrow, to obtain written
63-19 instructions concerning any essential or material fact or intentionally
63-20 failed to follow the written instructions which have been agreed
63-21 upon by the parties and accepted by the holder of the escrow;
63-22 (m) Has failed to disclose in writing that he is acting in the dual
63-23 capacity of escrow agent or agency and undisclosed principal in any
63-24 transaction;
63-25 (n) In the case of an escrow officer, has been convicted of, or
63-26 entered a plea of guilty or nolo contendere to, any crime involving
63-27 moral turpitude; or
63-28 (o) Has failed to obtain and maintain a copy of the executed
63-29 agreement or contract that establishes the conditions for the sale of
63-30 real property.
63-31 2. It is sufficient cause for the imposition of a fine or the
63-32 refusal, suspension or revocation of the license of a partnership,
63-33 corporation or any other association if any member of the
63-34 partnership or any officer or director of the corporation or
63-35 association has been guilty of any act or omission directly arising
63-36 from the business activities of a title agent which would be cause for
63-37 such action had the applicant or licensee been a natural person.
63-38 3. The Commissioner may suspend or revoke the license of a
63-39 title agent, or impose a fine, if the Commissioner finds that the title
63-40 agent:
63-41 (a) Failed to maintain adequate supervision of an escrow officer
63-42 title agent he has appointed or employed.
63-43 (b) Instructed an escrow officer to commit an act which would
63-44 be cause for the revocation of the escrow officer’s license and the
63-45 escrow officer committed the act. An escrow officer is not subject to
64-1 disciplinary action for committing such an act under instruction by
64-2 the title agent.
64-3 4. The Commissioner may refuse to issue a license to any
64-4 person who, within 10 years before the date of applying for a current
64-5 license, has had suspended or revoked a license issued pursuant to
64-6 this chapter or a comparable license issued by any other state,
64-7 district or territory of the United States or any foreign country.
64-8 Sec. 72. NRS 706.8841 is hereby amended to read as follows:
64-9 706.8841 1. The Administrator shall issue a driver’s permit
64-10 to qualified persons who wish to be employed by certificate holders
64-11 as taxicab drivers. Before issuing a driver’s permit, the
64-12 Administrator shall:
64-13 (a) Require the applicant to submit a set of his fingerprints,
64-14 which must be forwarded to the Federal Bureau of Investigation to
64-15 ascertain whether the applicant has a criminal record and the nature
64-16 of any such record, and shall further investigate the applicant’s
64-17 background; and
64-18 (b) Require proof that the applicant:
64-19 (1) Has been a resident of the State for 30 days before his
64-20 application for a permit;
64-21 (2) Can read and orally communicate in the English
64-22 language; and
64-23 (3) Has a valid license issued under NRS 483.325 which
64-24 authorizes him to drive a taxicab in this state.
64-25 2. The Administrator may refuse to issue a driver’s permit if
64-26 the applicant has been convicted of:
64-27 (a) A felony[, other than a felony involving any sexual offense,]
64-28 relating to the practice of taxicab drivers in this state or any other
64-29 jurisdiction [within 5 years before the date of the application;] at
64-30 any time before the date of the application;
64-31 (b) A felony involving any sexual offense in this state or any
64-32 other jurisdiction at any time before the date of the application; or
64-33 (c) A violation of NRS 484.379 or 484.3795 or a law of any
64-34 other jurisdiction that prohibits the same or similar conduct within 3
64-35 years before the date of the application.
64-36 3. The Administrator may refuse to issue a driver’s permit if
64-37 the Administrator, after the background investigation of the
64-38 applicant, determines that the applicant is morally unfit or if the
64-39 issuance of the driver’s permit would be detrimental to public
64-40 health, welfare or safety.
64-41 4. A taxicab driver shall pay to the Administrator, in advance,
64-42 $20 for an original driver’s permit and $5 for a renewal.
64-43 Sec. 73. NRS 176A.860 is hereby repealed.
64-44 Sec. 74. 1. Any person residing in this state who, before
64-45 October 1, 2003, was:
65-1 (a) Honorably discharged from probation pursuant to
65-2 NRS 176A.850;
65-3 (b) Pardoned pursuant to NRS 213.090;
65-4 (c) Honorably discharged from parole pursuant to NRS 213.154
65-5 and 213.155; or
65-6 (d) Released from prison and was not subject to probation or
65-7 parole pursuant to NRS 213.157,
65-8 in this state or any other state and who has not had his civil rights
65-9 restored is hereby restored to the civil rights set forth in
65-10 subsection 2.
65-11 2. A person listed in subsection 1:
65-12 (a) Is immediately restored to:
65-13 (1) The right to vote; and
65-14 (2) The right to hold office.
65-15 (b) Two years after the date on which he is released from his
65-16 sentence of imprisonment, is restored to the right to serve on a jury.
65-17 3. A person who is restored to his civil rights pursuant to this
65-18 section whose official documentation which demonstrates that the
65-19 person qualifies to have his civil rights restored pursuant to
65-20 subsection 1 is lost, damaged or destroyed may file a written request
65-21 with a court of competent jurisdiction to restore his civil rights
65-22 pursuant to this section. Upon verification that the person qualifies
65-23 to have his civil rights restored pursuant to subsection 1, the court
65-24 shall issue an order restoring the person to the civil rights set forth in
65-25 subsection 2. A person must not be required to pay a fee to receive
65-26 such an order.
65-27 4. A person who is restored to his civil rights pursuant to this
65-28 section may present official documentation that he qualifies to have
65-29 his civil rights restored pursuant to subsection 1 or a court order
65-30 restoring his civil rights as proof that he has been restored to his
65-31 right to vote, to hold office and to serve as a juror.
65-32 Sec. 75. 1. This section and sections 1 to 56, inclusive, and
65-33 58 to 74, inclusive, of this act become effective on July 1, 2003.
65-34 2. Section 56 of this act expires by limitation on the date on
65-35 which the provisions of 42 U.S.C. § 666 requiring each state to
65-36 establish procedures under which the state has authority to withhold
65-37 or suspend, or to restrict the use of professional, occupational and
65-38 recreational licenses of persons who:
65-39 (a) Have failed to comply with a subpoena or warrant relating to
65-40 a proceeding to determine the paternity of a child or to establish or
65-41 enforce an obligation for the support of a child; or
65-42 (b) Are in arrears in the payment for support of one or more
65-43 children,
66-1 are repealed by the Congress of the United States.
66-2 3. Section 57 of this act becomes effective on the date on
66-3 which the provisions of 42 U.S.C. § 666 requiring each state to
66-4 establish procedures under which the state has authority to withhold
66-5 or suspend, or to restrict the use of professional, occupational and
66-6 recreational licenses of persons who:
66-7 (a) Have failed to comply with a subpoena or warrant relating to
66-8 a proceeding to determine the paternity of a child or to establish or
66-9 enforce an obligation for the support of a child; or
66-10 (b) Are in arrears in the payment for support of one or more
66-11 children,
66-12 are repealed by the Congress of the United States.
66-13 TEXT OF REPEALED SECTION
66-14 176A.860 Procedure for applying for restoration of civil
66-15 rights after honorable discharge.
66-16 1. If a person is granted an honorable discharge from
66-17 probation, not sooner than 6 months after his honorable discharge,
66-18 the person may apply to the Division to request a restoration of his
66-19 civil rights if the person:
66-20 (a) Has not previously been restored to his civil rights; and
66-21 (b) Has not been convicted of any offense greater than a traffic
66-22 violation after his honorable discharge.
66-23 2. If a person applies to the Division to request a restoration of
66-24 his civil rights, the person must submit with his application a
66-25 current, certified record of his criminal history received from the
66-26 Central Repository for Nevada Records of Criminal History. If the
66-27 Division determines after an investigation that the person meets the
66-28 requirements of this section, the Division shall petition the court in
66-29 which the person was convicted for an order granting the
66-30 restoration of his civil rights. If the Division refuses to submit such
66-31 a petition, the person may, after notice to the Division, directly
66-32 petition the court for an order granting the restoration of his civil
66-33 rights.
66-34 H