(Reprinted with amendments adopted on June 1, 2003)
THIRD REPRINT A.B. 55
Assembly Bill No. 55–Assemblymen Anderson, Parks, Buckley, Claborn, Conklin, Horne, Manendo, Oceguera and Williams (by request)
February 10, 2003
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes concerning persons convicted of certain crimes. (BDR 14‑330)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 1)
(Not Requested by Affected Local Government)
~
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 convicted persons; expanding the crimes for which a defendant is required to submit a biological specimen when he is found guilty; providing for the immediate restoration of the civil right to vote and to sit as a juror in a civil action and for the automatic restoration of certain other civil rights of certain ex-felons on specified future dates; 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:
2-1 Section 1. NRS 176.0913 is hereby amended to read as
2-2 follows:
2-3 176.0913 1. If a defendant is convicted of an offense listed in
2-4 subsection 4, the court, at sentencing, shall order that:
2-5 (a) The name, social security number, date of birth and any other
2-6 information identifying the defendant be submitted to the Central
2-7 Repository for Nevada Records of Criminal History; and
2-8 (b) A biological specimen be obtained from the defendant
2-9 pursuant to the provisions of this section and that the specimen be
2-10 used for an analysis to determine the genetic markers of the
2-11 specimen.
2-12 2. If the defendant is committed to the custody of the
2-13 Department of Corrections, the Department of Corrections shall
2-14 arrange for the biological specimen to be obtained from the
2-15 defendant. The Department of Corrections shall provide the
2-16 specimen to the forensic laboratory that has been designated by
2-17 the county in which the defendant was convicted to conduct or
2-18 oversee genetic marker testing for the county pursuant to
2-19 NRS 176.0917.
2-20 3. If the defendant is not committed to the custody of
2-21 the Department of Corrections, the Division shall arrange for the
2-22 biological specimen to be obtained from the defendant. The
2-23 Division shall provide the specimen to the forensic laboratory that
2-24 has been designated by the county in which the defendant was
2-25 convicted to conduct or oversee genetic marker testing for the
2-26 county pursuant to NRS 176.0917. Any cost that is incurred to
2-27 obtain a biological specimen from a defendant pursuant to this
2-28 subsection is a charge against the county in which the defendant was
2-29 convicted and must be paid as provided in NRS 176.0915.
2-30 4. [The] Except as otherwise provided in subsection 5, the
2-31 provisions of subsection 1 apply to a defendant who is convicted of:
2-32 (a) A category A felony;
2-33 (b) A category B felony;
2-34 (c) A category C felony involving the use or threatened use of
2-35 force or violence against the victim;
2-36 (d) A crime against a child as defined in NRS 179D.210;
2-37 (e) A sexual offense as defined in NRS 179D.410;
2-38 (f) Abuse or neglect of an older person pursuant to
2-39 NRS 200.5099;
2-40 (g) A second or subsequent offense for stalking pursuant to
2-41 NRS 200.575; [or]
2-42 (h) An attempt or conspiracy to commit an offense listed in [this
2-43 subsection.] paragraphs (a) to (g), inclusive;
3-1 (i) Failing to register with a local law enforcement agency as a
3-2 convicted person as required pursuant to NRS 179C.100, if the
3-3 defendant previously was:
3-4 (1) Convicted in this state of committing an offense listed in
3-5 paragraph (a), (b), (c), (f), (g) or (h); or
3-6 (2) Convicted in another jurisdiction of committing an
3-7 offense that would constitute an offense listed in paragraph (a),
3-8 (b), (c), (f), (g) or (h) if committed in this state;
3-9 (j) Failing to register with a local law enforcement agency
3-10 after being convicted of a crime against a child as required
3-11 pursuant to NRS 179D.240; or
3-12 (k) Failing to register with a local law enforcement agency
3-13 after being convicted of a sexual offense as required pursuant to
3-14 NRS 179D.450.
3-15 5. A court shall not order a biological specimen to be
3-16 obtained from a defendant who has previously submitted such a
3-17 specimen for conviction of a prior offense unless the court
3-18 determines that an additional sample is necessary.
3-19 Sec. 2. NRS 176A.850 is hereby amended to read as follows:
3-20 176A.850 1. A person who:
3-21 (a) Has fulfilled the conditions of his probation for the entire
3-22 period thereof;
3-23 (b) Is recommended for earlier discharge by the Division; or
3-24 (c) Has demonstrated his fitness for honorable discharge but
3-25 because of economic hardship, verified by a parole and probation
3-26 officer, has been unable to make restitution as ordered by the
3-27 court,
3-28 may be granted an honorable discharge from probation by order of
3-29 the court.
3-30 2. Any amount of restitution remaining unpaid constitutes a
3-31 civil liability arising upon the date of discharge.
3-32 3. [A] Except as otherwise provided in subsection 4, a person
3-33 who has been honorably discharged from probation:
3-34 (a) Is free from the terms and conditions of his probation . [;
3-35 (b) If he meets the requirements of NRS 176A.860, may apply
3-36 to the Division to request a restoration of his civil rights; and
3-37 (c)] (b) Is immediately restored to the following civil rights:
3-38 (1) The right to vote; and
3-39 (2) The right to serve as a juror in a civil action.
3-40 (c) Four years after the date of his honorable discharge from
3-41 probation, is restored to the right to hold office.
3-42 (d) Six years after the date of his honorable discharge from
3-43 probation, is restored to the right to serve as a juror in a criminal
3-44 action.
4-1 (e) If he meets the requirements of NRS 179.245, may apply to
4-2 the court for the sealing of records relating to his conviction.
4-3 [The person must]
4-4 (f) Must be informed of the provisions of this section and NRS
4-5 [176A.860 and] 179.245 in his probation papers.
4-6 [4. A person honorably discharged from probation who has had
4-7 his civil rights restored by the court:
4-8 (a)] (g) Is exempt from the requirements of chapter 179C of
4-9 NRS, but is not exempt from the requirements of chapter 179D of
4-10 NRS.
4-11 [(b) May vote, hold office or serve as a juror.
4-12 (c)] (h) Shall disclose the conviction to a gaming establishment
4-13 and to the State and its agencies, departments, boards, commissions
4-14 and political subdivisions, if required in an application for
4-15 employment, license or other permit. As used in this paragraph,
4-16 “establishment” has the meaning ascribed to it in NRS 463.0148.
4-17 [(d)] (i) Except as otherwise provided in paragraph [(c),] (h),
4-18 need not disclose the conviction to an employer or prospective
4-19 employer.
4-20 [5.] 4. Except as otherwise provided in this subsection, the
4-21 civil rights set forth in subsection 3 are not restored to a person
4-22 honorably discharged from probation if the person has previously
4-23 been convicted in this state:
4-24 (a) Of a category A felony.
4-25 (b) Of an offense that would constitute a category A felony if
4-26 committed as of the date of his honorable discharge from
4-27 probation.
4-28 (c) Of a category B felony involving the use of force or
4-29 violence that resulted in substantial bodily harm to the victim.
4-30 (d) Of an offense involving the use of force or violence that
4-31 resulted in substantial bodily harm to the victim and that would
4-32 constitute a category B felony if committed as of the date of his
4-33 honorable discharge from probation.
4-34 (e) Two or more times of a felony, unless a felony for which
4-35 the person has been convicted arose out of the same act,
4-36 transaction or occurrence as another felony, in which case the
4-37 convictions for those felonies shall be deemed to constitute a
4-38 single conviction for the purposes of this paragraph.
4-39 A person described in this subsection may petition the court in
4-40 which the person was convicted for an order granting the
4-41 restoration of his civil rights as set forth in subsection 3.
4-42 5. The prior conviction of a person [whose civil rights have
4-43 been restored or] who has been honorably discharged from
4-44 probation may be used for purposes of impeachment. In any
4-45 subsequent prosecution of the person , [who has had his civil rights
5-1 restored or who has been honorably discharged from probation,] the
5-2 prior conviction may be pleaded and proved if otherwise admissible.
5-3 6. Except for a person subject to the limitations set forth in
5-4 subsection 4, upon his honorable discharge from probation, the
5-5 person so discharged must be given an official document which
5-6 provides:
5-7 (a) That he has received an honorable discharge from
5-8 probation;
5-9 (b) That he has been restored to his civil rights to vote and to
5-10 serve as a juror in a civil action as of the date of his honorable
5-11 discharge from probation;
5-12 (c) The date on which his civil right to hold office will be
5-13 restored to him pursuant to paragraph (c) of subsection 3; and
5-14 (d) The date on which his civil right to serve as a juror in a
5-15 criminal action will be restored to him pursuant to paragraph (d)
5-16 of subsection 3.
5-17 7. Subject to the limitations set forth in subsection 4, a person
5-18 who has been honorably discharged from probation in this state or
5-19 elsewhere and whose official documentation of his honorable
5-20 discharge from probation is lost, damaged or destroyed may file a
5-21 written request with a court of competent jurisdiction to restore his
5-22 civil rights pursuant to this section. Upon verification that the
5-23 person has been honorably discharged from probation and is
5-24 eligible to be restored to the civil rights set forth in subsection 3,
5-25 the court shall issue an order restoring the person to the civil
5-26 rights set forth in subsection 3. A person must not be required to
5-27 pay a fee to receive such an order.
5-28 8. A person who has been honorably discharged from
5-29 probation in this state or elsewhere may present:
5-30 (a) Official documentation of his honorable discharge from
5-31 probation, if it contains the provisions set forth in subsection 6; or
5-32 (b) A court order restoring his civil rights,
5-33 as proof that he has been restored to the civil rights set forth in
5-34 subsection 3.
5-35 Sec. 3. NRS 179.285 is hereby amended to read as follows:
5-36 179.285 Except as otherwise provided in NRS 179.301 [, if] :
5-37 1. If the court orders a record sealed pursuant to NRS
5-38 176A.265, 179.245, 179.255, 179.259 or 453.3365:
5-39 [1.] (a) All proceedings recounted in the record are deemed
5-40 never to have occurred, and the person to whom the order pertains
5-41 may properly answer accordingly to any inquiry , including,
5-42 without limitation, an inquiry relating to an application for
5-43 employment, concerning the arrest, conviction, dismissal or
5-44 acquittal and the events and proceedings relating to the arrest,
5-45 conviction, dismissal or acquittal.
6-1 [2. The court shall order the civil rights of the person to whom
6-2 the order pertains to be restored if the person has not been restored
6-3 to his civil rights.]
6-4 (b) The person is immediately restored to the following civil
6-5 rights if his civil rights previously have not been restored:
6-6 (1) The right to vote;
6-7 (2) The right to hold office; and
6-8 (3) The right to serve on a jury.
6-9 2. Upon the sealing of his records, a person who is restored to
6-10 his civil rights must be given an official document which
6-11 demonstrates that he has been restored to the civil rights set forth
6-12 in paragraph (b) of subsection 1.
6-13 3. A person who has had his records sealed in this state or
6-14 any other state and whose official documentation of the
6-15 restoration of his civil rights is lost, damaged or destroyed may file
6-16 a written request with a court of competent jurisdiction to restore
6-17 his civil rights pursuant to this section. Upon verification that the
6-18 person has had his records sealed, the court shall issue an order
6-19 restoring the person to the civil rights to vote, to hold office and to
6-20 serve on a jury. A person must not be required to pay a fee to
6-21 receive such an order.
6-22 4. A person who has had his records sealed in this state or
6-23 any other state may present official documentation that he has
6-24 been restored to his civil rights or a court order restoring his civil
6-25 rights as proof that he has been restored to the right to vote, to
6-26 hold office and to serve as a juror.
6-27 Sec. 4. NRS 179.301 is hereby amended to read as follows:
6-28 179.301 1. The State Gaming Control Board and the Nevada
6-29 Gaming Commission and their employees, agents and
6-30 representatives may inquire into and inspect any records sealed
6-31 pursuant to NRS 179.245 or 179.255, if the event or conviction was
6-32 related to gaming, for purposes of determining the suitability or
6-33 qualifications of any person to hold a state gaming license,
6-34 manufacturer’s, seller’s or distributor’s license or gaming work
6-35 permit pursuant to chapter 463 of NRS. Events and convictions, if
6-36 any, which are the subject of an order sealing records [may] :
6-37 (a) May form the basis for recommendation, denial or
6-38 revocation of those licenses . [or work permits.]
6-39 (b) Must not form the basis for denial or rejection of a gaming
6-40 work permit unless the event or conviction relates to the
6-41 applicant’s suitability or qualifications to hold the work permit.
6-42 2. The Central Repository for Nevada Records of Criminal
6-43 History and its employees may inquire into and inspect any records
6-44 sealed pursuant to NRS 179.245 or 179.255 that constitute
6-45 information relating to sexual offenses, and may notify employers of
7-1 the information in accordance with NRS 179A.180 to 179A.240,
7-2 inclusive.
7-3 3. Records which have been sealed pursuant to NRS 179.245
7-4 or 179.255 and which are retained in the statewide registry
7-5 established pursuant to NRS 179B.200 may be inspected pursuant to
7-6 chapter 179B of NRS by an officer or employee of the Central
7-7 Repository or a law enforcement officer in the regular course of his
7-8 duties.
7-9 Sec. 5. NRS 179C.010 is hereby amended to read as follows:
7-10 179C.010 1. Except as otherwise provided in subsection 2, as
7-11 used in this chapter, unless the context otherwise requires,
7-12 “convicted person” means:
7-13 (a) A person convicted in the State of Nevada [of an offense that
7-14 is punishable as a felony] or convicted in any place other than the
7-15 State of Nevada of [a felony;
7-16 (b) A person convicted in the State of Nevada, or elsewhere, of
7-17 the violation of a law, regardless of whether the violation is
7-18 punishable as a felony:
7-19 (1) Relating to or regulating the possession, distribution,
7-20 furnishing or use of a habit-forming drug of the kind or character
7-21 described and referred to in the Uniform Controlled Substances Act;
7-22 (2) Regulating or prohibiting the carrying, possession or
7-23 ownership of a concealed weapon, deadly weapon or weapon
7-24 capable of being concealed, or regulating or prohibiting the
7-25 possession, sale or use of a device, instrument or attachment
7-26 designed or intended to be used to silence the report or conceal the
7-27 discharge or flash of any firearm; or
7-28 (3) Regulating or prohibiting the use, possession,
7-29 manufacture or compounding of tear gas, or any other gas, that may
7-30 be used to disable temporarily or permanently a human being; or
7-31 (c) A person convicted in the State of Nevada, or elsewhere, of
7-32 an attempt or a conspiracy to commit an offense described or
7-33 referred to in this subsection.] two or more offenses punishable as
7-34 felonies.
7-35 (b) A person convicted in the State of Nevada of an offense
7-36 punishable as a category A felony.
7-37 (c) A person convicted in the State of Nevada or convicted in
7-38 any place other than the State of Nevada of a crime that would
7-39 constitute a category A felony if committed in this state on July 1,
7-40 2003.
7-41 2. For the purposes of this chapter, “convicted person” does not
7-42 include:
7-43 (a) A person who has been convicted of a crime against a child,
7-44 as defined in NRS 179D.210, or a sexual offense, as defined in NRS
7-45 179D.410; or
8-1 (b) Except as otherwise provided in this chapter, a person whose
8-2 conviction is or has been set aside in the manner provided by law.
8-3 Sec. 6. NRS 179C.100 is hereby amended to read as follows:
8-4 179C.100 1. It is unlawful for a convicted person to be or
8-5 remain in the State of Nevada for a period of more than 48 hours
8-6 without, during such 48-hour period, registering with the sheriff of a
8-7 county or the chief of police of a city in the manner prescribed in
8-8 this section.
8-9 2. A convicted person who does not reside in the State of
8-10 Nevada but who has a temporary or permanent place of abode
8-11 outside the State of Nevada, and who comes into the State on five
8-12 occasions or more during any 30-day period, is subject to the
8-13 provisions of this chapter.
8-14 3. A person who has registered as a convicted person with the
8-15 sheriff of a county or the chief of police of a city shall register again
8-16 as provided in this section if he subsequently commits another
8-17 offense described or referred to in this chapter.
8-18 4. A person required by this section to register shall do so by
8-19 filing with the sheriff or chief of police a statement in writing, upon
8-20 a form prescribed and furnished by the sheriff or chief of police,
8-21 which is signed by the person and which provides the following
8-22 information:
8-23 (a) His true name and each alias that he has used or under which
8-24 he may have been known;
8-25 (b) A full and complete description of his person;
8-26 (c) The kind, character and nature of each crime of which he has
8-27 been convicted;
8-28 (d) The place in which he was convicted of each crime;
8-29 (e) The name under which he was convicted in each instance
8-30 and the date thereof;
8-31 (f) The name, if any, and the location of each prison,
8-32 reformatory, jail or other penal institution in which he was confined
8-33 or to which he was sentenced;
8-34 (g) The location and address of his residence, stopping place,
8-35 living quarters or place of abode, and if more than one residence,
8-36 stopping place or place of abode, that fact must be stated and the
8-37 location and address of each given;
8-38 (h) The kind of residence, stopping place, or place of abode in
8-39 which he resides, including whether it is a private residence, hotel,
8-40 apartment house or other building or structure;
8-41 (i) The length of time he has occupied each place of residence,
8-42 stopping place or place of abode, and the length of time he expects
8-43 or intends to remain in the State of Nevada; and
9-1 (j) Any further information that may be required by the sheriff
9-2 or chief of police for the purpose of aiding and assisting in carrying
9-3 into effect the provisions and intent of this chapter.
9-4 5. The sheriff of a county or the chief of police of a city shall
9-5 not require a convicted person to carry a registration card, and no
9-6 convicted person who is required to register pursuant to this
9-7 section may be punished for the failure to carry a registration
9-8 card.
9-9 6. When so ordered in the individual case by the district court
9-10 in which the conviction was obtained, by the State Board of Parole
9-11 Commissioners or by the State Board of Pardons Commissioners,
9-12 whichever is appropriate, the provisions of this section do not apply
9-13 to a convicted person who has had his civil rights restored.
9-14 Sec. 7. NRS 6.010 is hereby amended to read as follows:
9-15 6.010 [Every] Except as otherwise provided in this section,
9-16 every qualified elector of the State, whether registered or not, who
9-17 has sufficient knowledge of the English language, and who hasnot
9-18 been convicted of treason, a felony, or other infamous crime, and
9-19 who isnot rendered incapable by reason of physical or mental
9-20 infirmity, is a qualified juror of the county in which he resides. A
9-21 person who has been convicted of a felony is not a qualified juror
9-22 of the county in which he resides until his civil right to serve as a
9-23 juror has been restored pursuant to NRS 176A.850, 179.285,
9-24 213.090, 213.155 or 213.157.
9-25 Sec. 8. NRS 119A.230 is hereby amended to read as follows:
9-26 119A.230 1. The Administrator may impose a fine or
9-27 suspend, revoke, reissue, subject to conditions, or deny the renewal
9-28 of any sales agent’s license issued under the provisions of this
9-29 chapter at any time if the sales agent has, by false or fraudulent
9-30 application or representation, obtained a license or, whether or not
9-31 acting as a sales agent, is found guilty of:
9-32 (a) Making any material misrepresentation;
9-33 (b) Making any false promises of a character likely to influence,
9-34 persuade or induce;
9-35 (c) Engaging in any fraudulent, misleading or oppressive sales
9-36 techniques or tactics;
9-37 (d) Accepting a commission or valuable consideration as a sales
9-38 agent for the performance of any of the acts specified in this chapter
9-39 from any person except a licensed project broker with whom the
9-40 sales agent is associated or the developer by whom he is employed;
9-41 (e) Failing, within a reasonable time, to account for or remit or
9-42 turn over to the project broker any money which comes into his
9-43 possession and which belongs to others;
10-1 (f) Violating any of the provisions of this chapter or chapter
10-2 119B of NRS or of any regulation adopted pursuant to either
10-3 chapter, or willfully aiding or abetting another to do so; or
10-4 (g) A felony relating to the practice of a sales agent or other
10-5 crime of moral turpitude or has entered a plea of nolo contendere to
10-6 a felony relating to the practice of a sales agent or other crime of
10-7 moral turpitude.
10-8 2. The Administrator may investigate the actions of any sales
10-9 agent or any person who acts in such a capacity within the State of
10-10 Nevada.
10-11 Sec. 9. NRS 138.020 is hereby amended to read as follows:
10-12 138.020 1. No person is qualified to serve as an executor
10-13 who, at the time the will is probated:
10-14 (a) Is under the age of majority;
10-15 (b) Has been convicted of a felony[;] relating to the position of
10-16 an executor;
10-17 (c) Upon proof, is adjudged by the court disqualified to execute
10-18 the duties of executor by reason of drunkenness, improvidence or
10-19 lack of integrity or understanding; or
10-20 (d) Is a bank not authorized to do business in the State of
10-21 Nevada, unless it associates as coexecutor a bank authorized to do
10-22 business in this state. An out-of-state bank is qualified to appoint a
10-23 substitute executor, pursuant to NRS 138.045, without forming such
10-24 an association, but any natural person so appointed must be a
10-25 resident of this state.
10-26 2. If a disqualified person is named as the sole executor in a
10-27 will, or if all persons so named are disqualified or renounce their
10-28 right to act, or fail to appear and qualify, letters of administration
10-29 with the will annexed must issue.
10-30 Sec. 10. NRS 139.010 is hereby amended to read as follows:
10-31 139.010 No person is entitled to letters of administration who:
10-32 1. Is under the age of majority;
10-33 2. Has been convicted of a felony[;] relating to the position of
10-34 an administrator;
10-35 3. Upon proof, is adjudged by the court disqualified by reason
10-36 of conflict of interest, drunkenness, improvidence, or lack of
10-37 integrity or understanding; or
10-38 4. Is not a resident of the State of Nevada and who does not
10-39 associate as coadministrator a resident of the State of Nevada or
10-40 which, in the case of a banking corporation, is not authorized to do
10-41 business in this state and does not associate as coadministrator a
10-42 resident of the State of Nevada or a banking corporation authorized
10-43 to do business in this state.
11-1 Sec. 11. NRS 159.059 is hereby amended to read as follows:
11-2 159.059 Any qualified person or entity that the court finds
11-3 suitable may serve as a guardian. A person is not qualified to serve
11-4 as a guardian who:
11-5 1. Is an incompetent.
11-6 2. Is a minor.
11-7 3. Has been convicted of a felony[.] relating to the position of
11-8 a guardian.
11-9 4. Has been suspended for misconduct or disbarred from the
11-10 practice of law during the period of the suspension or disbarment.
11-11 5. Is a nonresident of this state and has not:
11-12 (a) Associated as a coguardian, a resident of this state or a
11-13 banking corporation whose principal place of business is in this
11-14 state; and
11-15 (b) Caused the appointment to be filed in the guardianship
11-16 proceeding.
11-17 6. Has been judicially determined, by clear and convincing
11-18 evidence, to have committed abuse, neglect or exploitation of a
11-19 child, spouse, parent or other adult.
11-20 Sec. 12. NRS 202.760 is hereby amended to read as follows:
11-21 202.760 It is unlawful for any person:
11-22 1. Who is under indictment for, or has been convicted in any
11-23 court of, a crime relating to the practice of shipping or
11-24 transporting explosives that is punishable by imprisonment for a
11-25 term exceeding 1 year;
11-26 2. Who is a fugitive from justice;
11-27 3. Who is an unlawful user of or addicted to any depressant or
11-28 stimulant drug or any controlled substance; or
11-29 4. Who has been judicially declared mentally ill or who has
11-30 been committed to a hospital as mentally ill,
11-31 to ship or transport any explosive within the State or to receive any
11-32 explosive which has been shipped or transported within the State.
11-33 Sec. 13. NRS 213.090 is hereby amended to read as follows:
11-34 213.090 1. [When a pardon] Except as otherwise provided in
11-35 subsection 2, a person who is granted a pardon for any offense
11-36 committed [, the pardon may or may not include restoration of civil
11-37 rights. If the pardon includes restoration of civil rights, it must be so
11-38 stated in the instrument or certificate of pardon and, when granted
11-39 upon conditions, limitations or restrictions, they must be fully set
11-40 forth in the instrument.
11-41 2. In any case where a convicted person has received a pardon
11-42 without immediate restoration of his civil rights, he may apply to the
11-43 State Board of Pardons Commissioners for restoration of his civil
11-44 rights and release from penalties and disabilities resulting from the
11-45 offense or crime of which he was convicted.
12-1 3. Upon receiving an application pursuant to subsection 2, the
12-2 Board shall determine whether the applicant has received a pardon.
12-3 If the Board determines that the applicant has received a pardon, the
12-4 Board shall, as soon as reasonably practicable, restore him to his
12-5 civil rights and release him from all penalties and disabilities
12-6 resulting from the offense or crime of which he was convicted.
12-7 4. An applicant] :
12-8 (a) Is immediately restored to the following civil rights:
12-9 (1) The right to vote; and
12-10 (2) The right to serve as a juror in a civil action.
12-11 (b) Four years after the date that his pardon is granted, is
12-12 restored to the right to hold office.
12-13 (c) Six years after the date that his pardon is granted, is
12-14 restored to the right to serve as a juror in a criminal action.
12-15 2. Except as otherwise provided in this subsection, the civil
12-16 rights set forth in subsection 1 are not restored to a person who
12-17 has been granted a pardon if the person has previously been
12-18 convicted in this state:
12-19 (a) Of a category A felony.
12-20 (b) Of an offense that would constitute a category A felony if
12-21 committed as of the date that his pardon is granted.
12-22 (c) Of a category B felony involving the use of force or
12-23 violence that resulted in substantial bodily harm to the victim.
12-24 (d) Of an offense involving the use of force or violence that
12-25 resulted in substantial bodily harm to the victim and that would
12-26 constitute a category B felony if committed as of the date that his
12-27 pardon is granted.
12-28 (e) Two or more times of a felony, unless a felony for which
12-29 the person has been convicted arose out of the same act,
12-30 transaction or occurrence as another felony, in which case the
12-31 convictions for those felonies shall be deemed to constitute a
12-32 single conviction for the purposes of this paragraph.
12-33 A person described in this subsection may petition the court in
12-34 which the person was convicted for an order granting the
12-35 restoration of his civil rights as set forth in subsection 1.
12-36 3. Except for a person subject to the limitations set forth in
12-37 subsection 2, upon receiving a pardon, a person so pardoned must
12-38 be given an official document which provides:
12-39 (a) That he has been granted a pardon;
12-40 (b) That he has been restored to his civil rights to vote and to
12-41 serve as a juror in a civil action as of the date that his pardon is
12-42 granted;
12-43 (c) The date on which his civil right to hold office will be
12-44 restored to him pursuant to paragraph (b) of subsection 1; and
13-1 (d) The date on which his civil right to serve as a juror in a
13-2 criminal action will be restored to him pursuant to paragraph (c)
13-3 of subsection 1.
13-4 4. Subject to the limitations set forth in subsection 2, a person
13-5 who has been granted a pardon in this state or elsewhere and
13-6 whose official documentation of his pardon is lost, damaged or
13-7 destroyed may file a written request with a court of competent
13-8 jurisdiction to restore his civil rights pursuant to this section.
13-9 Upon verification that the person has been granted a pardon and
13-10 is eligible to be restored to the civil rights set forth in subsection 1,
13-11 the court shall issue an order restoring the person to the civil
13-12 rights set forth in subsection 1. A person must not be required to
13-13 pay a fee to [have his civil rights restored or to be released from
13-14 penalties and disabilities pursuant to this section.] receive such an
13-15 order.
13-16 5. A person who has been granted a pardon in this state or
13-17 elsewhere may present:
13-18 (a) Official documentation of his pardon, if it contains the
13-19 provisions set forth in subsection 3; or
13-20 (b) A court order restoring his civil rights,
13-21 as proof that he has been restored to the civil rights set forth in
13-22 subsection 1.
13-23 Sec. 14. NRS 213.155 is hereby amended to read as follows:
13-24 213.155 1. [The Board may restore a paroled prisoner to his
13-25 civil rights, conditioned upon the prisoner receiving] Except as
13-26 otherwise provided in subsection 2, a person who receives an
13-27 honorable discharge from parole pursuant to NRS 213.154 [. Such
13-28 restoration must take effect at the expiration of the parole of the
13-29 prisoner.
13-30 2. In any case where a convicted person has completed his
13-31 parole without immediate restoration of his civil rights and has been
13-32 issued an honorable discharge from parole pursuant to NRS
13-33 213.154, he may apply to the Division to request a restoration of his
13-34 civil rights and release from penalties and disabilities which resulted
13-35 from the offense or crime of which he was convicted.
13-36 3. Upon receiving an application pursuant to subsection 2, the
13-37 Division shall determine whether the applicant has received an
13-38 honorable discharge from parole. If the Division determines that the
13-39 applicant has received an honorable discharge, the Division shall
13-40 forward the application to the Board.
13-41 4. Upon receiving an application pursuant to subsection 3, the
13-42 Board shall, as soon as reasonably practicable, restore the applicant
13-43 to his civil rights and release him from all penalties and disabilities
13-44 resulting from the offense or crime of which he was convicted.
13-45 5. An applicant] :
14-1 (a) Is immediately restored to the following civil rights:
14-2 (1) The right to vote; and
14-3 (2) The right to serve as a juror in a civil action.
14-4 (b) Four years after the date of his honorable discharge from
14-5 parole, is restored to the right to hold office.
14-6 (c) Six years after the date of his honorable discharge from
14-7 parole, is restored to the right to serve as a juror in a criminal
14-8 action.
14-9 2. Except as otherwise provided in this subsection, the civil
14-10 rights set forth in subsection 1 are not restored to a person who
14-11 has received an honorable discharge from parole if the person has
14-12 previously been convicted in this state:
14-13 (a) Of a category A felony.
14-14 (b) Of an offense that would constitute a category A felony if
14-15 committed as of the date of his honorable discharge from parole.
14-16 (c) Of a category B felony involving the use of force or
14-17 violence that resulted in substantial bodily harm to the victim.
14-18 (d) Of an offense involving the use of force or violence that
14-19 resulted in substantial bodily harm to the victim and that would
14-20 constitute a category B felony if committed as of the date of his
14-21 honorable discharge from parole.
14-22 (e) Two or more times of a felony, unless a felony for which
14-23 the person has been convicted arose out of the same act,
14-24 transaction or occurrence as another felony, in which case the
14-25 convictions for those felonies shall be deemed to constitute a
14-26 single conviction for the purposes of this paragraph.
14-27 A person described in this subsection may petition the court in
14-28 which the person was convicted for an order granting the
14-29 restoration of his civil rights as set forth in subsection 1.
14-30 3. Except for a person subject to the limitations set forth in
14-31 subsection 2, upon his honorable discharge from parole, a person
14-32 so discharged must be given an official document which provides:
14-33 (a) That he has received an honorable discharge from parole;
14-34 (b) That he has been restored to his civil rights to vote and to
14-35 serve as a juror in a civil action as of the date of his honorable
14-36 discharge from parole;
14-37 (c) The date on which his civil right to hold office will be
14-38 restored to him pursuant to paragraph (b) of subsection 1; and
14-39 (d) The date on which his civil right to serve as a juror in a
14-40 criminal action will be restored to him pursuant to paragraph (c)
14-41 of subsection 1.
14-42 4. Subject to the limitations set forth in subsection 2, a person
14-43 who has been honorably discharged from parole in this state or
14-44 elsewhere and whose official documentation of his honorable
14-45 discharge from parole is lost, damaged or destroyed may file a
15-1 written request with a court of competent jurisdiction to restore his
15-2 civil rights pursuant to this section. Upon verification that the
15-3 person has been honorably discharged from parole and is eligible
15-4 to be restored to the civil rights set forth in subsection 1, the court
15-5 shall issue an order restoring the person to the civil rights set forth
15-6 in subsection 1. A person must not be required to pay a fee to [have
15-7 his civil rights restored or to be released from penalties and
15-8 disabilities pursuant to this section.
15-9 6.] receive such an order.
15-10 5. A person who has been honorably discharged from parole
15-11 in this state or elsewhere may present:
15-12 (a) Official documentation of his honorable discharge from
15-13 parole, if it contains the provisions set forth in subsection 3; or
15-14 (b) A court order restoring his civil rights,
15-15 as proof that he has been restored to the civil rights set forth in
15-16 subsection 1.
15-17 6. The Board may adopt regulations necessary or convenient
15-18 for the purposes of this section.
15-19 Sec. 15. NRS 213.157 is hereby amended to read as follows:
15-20 213.157 1. [In any case where a] Except as otherwise
15-21 provided in subsection 2, a person convicted of a felony in the State
15-22 of Nevada who has served his sentence and has been released from
15-23 prison [, he may apply to the Division requesting restoration of his
15-24 civil rights and release from all penalties and disabilities which
15-25 resulted from the offense or crime of which he was convicted.
15-26 2. Upon receiving an application pursuant to subsection 1, the
15-27 Division shall determine whether the applicant has served his
15-28 sentence and been released from prison. If the division determines
15-29 that the applicant has served his sentence and been released from
15-30 prison, the Division shall forward the application to the district court
15-31 in which the conviction was obtained.
15-32 3. Upon receiving an application pursuant to subsection 2, the
15-33 court shall, as soon as reasonably practicable, restore the civil rights
15-34 of the applicant and release him from all penalties and disabilities
15-35 which resulted from the offense or crime of which he was convicted.
15-36 4. An applicant] :
15-37 (a) Is immediately restored to the following civil rights:
15-38 (1) The right to vote; and
15-39 (2) The right to serve as a juror in a civil action.
15-40 (b) Four years after the date of his release from prison, is
15-41 restored to the right to hold office.
15-42 (c) Six years after the date of his release from prison, is
15-43 restored to the right to serve as a juror in a criminal action.
15-44 2. Except as otherwise provided in this subsection, the civil
15-45 rights set forth in subsection 1 are not restored to a person who
16-1 has been released from prison if the person has previously been
16-2 convicted in this state:
16-3 (a) Of a category A felony.
16-4 (b) Of an offense that would constitute a category A felony if
16-5 committed as of the date of his release from prison.
16-6 (c) Of a category B felony involving the use of force or
16-7 violence that resulted in substantial bodily harm to the victim.
16-8 (d) Of an offense involving the use of force or violence that
16-9 resulted in substantial bodily harm to the victim and that would
16-10 constitute a category B felony if committed as of the date of his
16-11 release from prison.
16-12 (e) Two or more times of a felony, unless a felony for which
16-13 the person has been convicted arose out of the same act,
16-14 transaction or occurrence as another felony, in which case the
16-15 convictions for those felonies shall be deemed to constitute a
16-16 single conviction for the purposes of this paragraph.
16-17 A person described in this subsection may petition the court in
16-18 which the person was convicted for an order granting the
16-19 restoration of his civil rights as set forth in subsection 1.
16-20 3. Except for a person subject to the limitations set forth in
16-21 subsection 2, upon his release from prison, a person so released
16-22 must be given an official document which provides:
16-23 (a) That he has been released from prison;
16-24 (b) That he has been restored to his civil rights to vote and to
16-25 serve as a juror in a civil action as of the date of his release from
16-26 prison;
16-27 (c) The date on which his civil right to hold office will be
16-28 restored to him pursuant to paragraph (b) of subsection 1; and
16-29 (d) The date on which his civil right to serve as a juror in a
16-30 criminal action will be restored to him pursuant to paragraph (c)
16-31 of subsection 1.
16-32 4. Subject to the limitations set forth in subsection 2, a person
16-33 who has been released from prison in this state or elsewhere and
16-34 whose official documentation of his release from prison is lost,
16-35 damaged or destroyed may file a written request with a court of
16-36 competent jurisdiction to restore his civil rights pursuant to this
16-37 section. Upon verification that the person has been released from
16-38 prison and is eligible to be restored to the civil rights set forth in
16-39 subsection 1, the court shall issue an order restoring the person to
16-40 the civil rights set forth in subsection 1. A person must not be
16-41 required to pay a fee to [have his civil rights restored or to be
16-42 released from penalties and disabilities pursuant to this section.]
16-43 receive such an order.
16-44 5. A person who has been released from prison in this state or
16-45 elsewhere may present:
17-1 (a) Official documentation of his release from prison, if it
17-2 contains the provisions set forth in subsection 3; or
17-3 (b) A court order restoring his civil rights,
17-4 as proof that he has been restored to the civil rights set forth in
17-5 subsection 1.
17-6 Sec. 16. NRS 248.010 is hereby amended to read as follows:
17-7 248.010 1. Sheriffs [shall] must be elected by the qualified
17-8 electors of their respective counties.
17-9 2. Sheriffs [shall] must be chosen by the electors of their
17-10 respective counties at the general election in 1922, and at the
17-11 general election every 4 years thereafter, and shall enter upon the
17-12 duties of their respective offices on the [1st] first Monday of
17-13 January subsequent to their election.
17-14 3. A person who has been convicted of a felony in this state or
17-15 any other state is not qualified to be a candidate for or elected or
17-16 appointed to the office of sheriff regardless of whether he has
17-17 been restored to his civil rights.
17-18 Sec. 17. NRS 258.010 is hereby amended to read as follows:
17-19 258.010 1. Except as otherwise provided in subsections 2
17-20 and 3:
17-21 (a) Constables must be elected by the qualified electors of their
17-22 respective townships.
17-23 (b) The constables of the several townships of the State must be
17-24 chosen at the general election of 1966, and shall enter upon the
17-25 duties of their offices on the first Monday of January next
17-26 succeeding their election, and hold their offices for the term of 4
17-27 years thereafter, until their successors are elected and qualified.
17-28 (c) Constables must receive certificates of election from the
17-29 boards of county commissioners of their respective counties.
17-30 2. In a county which includes only one township, the board of
17-31 county commissioners may, by resolution, appoint the sheriff ex
17-32 officio constable to serve without additional compensation. The
17-33 resolution must not become effective until the completion of the
17-34 term of office for which a constable may have been elected.
17-35 3. In a county whose population:
17-36 (a) Is less than 400,000, if the board of county commissioners
17-37 determines that the office of constable is not necessary in one or
17-38 more townships within the county, it may, by ordinance, abolish the
17-39 office of constable in those townships.
17-40 (b) Is 400,000 or more, if the board of county commissioners
17-41 determines that the office of constable is not necessary in one or
17-42 more townships within the county, it may, by ordinance, abolish the
17-43 office in those townships, but the abolition does not become
17-44 effective as to a particular township until the constable incumbent
18-1 on May 28, 1979, does not seek, or is defeated for,
18-2 reelection.
18-3 For a township in which the office of constable has been abolished,
18-4 the board of county commissioners may, by resolution, appoint the
18-5 sheriff ex officio constable to serve without additional
18-6 compensation.
18-7 4. A person who has been convicted of a felony in this state or
18-8 any other state is not qualified to be a candidate for or elected or
18-9 appointed to the office of constable regardless of whether he has
18-10 been restored to his civil rights.
18-11 Sec. 18. Chapter 289 of NRS is hereby amended by adding
18-12 thereto a new section to read as follows:
18-13 A person who has been convicted of a felony in this state or any
18-14 other state is not qualified to serve as a category I peace officer,
18-15 category II peace officer or category III peace officer regardless of
18-16 whether he has been restored to his civil rights.
18-17 Sec. 19. NRS 289.450 is hereby amended to read as follows:
18-18 289.450 As used in NRS 289.450 to 289.600, inclusive, and
18-19 section 18 of this act, unless the context otherwise requires, the
18-20 words and terms defined in NRS 289.460 to 289.490, inclusive,
18-21 have the meanings ascribed to them in those sections.
18-22 Sec. 20. NRS 386.549 is hereby amended to read as follows:
18-23 386.549 1. The governing body of a charter school must
18-24 consist of at least three teachers, as defined in subsection 4, and may
18-25 consist of, without limitation, parents and representatives of
18-26 nonprofit organizations and businesses. A majority of the members
18-27 of the governing body must reside in this state. If the membership of
18-28 the governing body changes, the governing body shall provide
18-29 written notice to the sponsor of the charter school within 10 working
18-30 days after such change. A person may serve on the governing body
18-31 only if he submits an affidavit to the Department indicating that the
18-32 person has not been convicted of a felony relating to serving on the
18-33 governing body of a charter school or any offense involving moral
18-34 turpitude.
18-35 2. The governing body of a charter school is a public body. It is
18-36 hereby given such reasonable and necessary powers, not conflicting
18-37 with the Constitution and the laws of the State of Nevada, as may be
18-38 requisite to attain the ends for which the charter school is
18-39 established and to promote the welfare of pupils who are enrolled in
18-40 the charter school.
18-41 3. The governing body of a charter school shall, during each
18-42 calendar quarter, hold at least one regularly scheduled public
18-43 meeting in the county in which the charter school is located.
18-44 4. As used in subsection 1, “teacher” means a person who:
19-1 (a) Holds a current license to teach issued pursuant to chapter
19-2 391 of NRS; and
19-3 (b) Has at least 2 years of experience as an employed
19-4 teacher.
19-5 The term does not include a person who is employed as a substitute
19-6 teacher.
19-7 Sec. 21. NRS 398.460 is hereby amended to read as follows:
19-8 398.460 1. Except as otherwise provided in subsection 2, the
19-9 Secretary of State shall issue a certificate of registration to a natural
19-10 person who complies with NRS 398.452 or whose application has
19-11 been accepted under NRS 398.456.
19-12 2. The Secretary of State may refuse to issue a certificate of
19-13 registration if he determines that the applicant has engaged in
19-14 conduct that has a significant adverse effect on his fitness to act as
19-15 an athlete’s agent. In making this determination, the Secretary of
19-16 State may consider whether the applicant has:
19-17 (a) Been convicted of a crime that, if committed in this state,
19-18 would be a crime involving moral turpitude or a felony[;] relating
19-19 to his fitness to act as an athlete’s agent;
19-20 (b) Made a materially false, misleading, deceptive or fraudulent
19-21 representation in his application or as an athlete’s agent;
19-22 (c) Engaged in conduct that would disqualify him from serving
19-23 in a fiduciary capacity;
19-24 (d) Engaged in conduct prohibited by NRS 398.496;
19-25 (e) Had registration or licensure as an athlete’s agent suspended,
19-26 revoked or denied, or been refused renewal of registration or
19-27 licensure as an athlete’s agent, in any state;
19-28 (f) Engaged in conduct whose consequence was that a sanction,
19-29 suspension or declaration of ineligibility to participate in an
19-30 interscholastic or intercollegiate athletic event was imposed on a
19-31 student athlete or an institution; or
19-32 (g) Engaged in conduct that significantly adversely reflects on
19-33 his credibility, honesty or integrity.
19-34 3. In making a determination pursuant to subsection 2, the
19-35 Secretary of State shall consider:
19-36 (a) How recently the conduct occurred;
19-37 (b) The nature of the conduct and the context in which it
19-38 occurred; and
19-39 (c) Any other relevant conduct of the applicant.
19-40 Sec. 22. NRS 463.335 is hereby amended to read as follows:
19-41 463.335 1. The Legislature finds that, to protect and promote
19-42 the health, safety, morals, good order and general welfare of the
19-43 inhabitants of the State of Nevada and to carry out the policy
19-44 declared in NRS 463.0129, it is necessary that the Board:
20-1 (a) Ascertain and keep itself informed of the identity, prior
20-2 activities and present location of all gaming employees and
20-3 independent agents in the State of Nevada; and
20-4 (b) Maintain confidential records of such information.
20-5 2. Except as otherwise provided in subsection 3, a person may
20-6 not be employed as a gaming employee or serve as an independent
20-7 agent unless he is the holder of a valid work permit to work as a
20-8 gaming employee issued pursuant to this section. A work permit to
20-9 work as a gaming employee may be issued by the Board or by a
20-10 county or city licensing authority. An applicant for a work permit
20-11 shall file his application for a work permit with the licensing
20-12 authority of the city in which he resides if that city requires a work
20-13 permit. If the city in which he resides does not require such a permit,
20-14 the applicant shall file his application with the licensing authority of
20-15 the county in which he resides if that county requires a work permit.
20-16 If the county in which he resides does not require such a permit, the
20-17 applicant shall file his application with the Board. The Board shall,
20-18 by regulation, prescribe the form for an application for a work
20-19 permit to work as a gaming employee. The fee for such a permit
20-20 may be charged only to cover the actual investigative and
20-21 administrative costs related to processing an application for such a
20-22 permit and must not exceed $75.
20-23 3. An independent agent is not required to hold a work permit
20-24 if he is not a resident of this state and has registered with the Board
20-25 in accordance with the provisions of the regulations adopted by the
20-26 Commission.
20-27 4. Upon receipt of an application for a work permit to work as
20-28 a gaming employee, the Board or licensing authority shall conduct
20-29 an investigation of the applicant to determine whether he is eligible
20-30 for the permit. In conducting the investigation, the Board or
20-31 licensing authority shall forward a complete set of the applicant’s
20-32 fingerprints to the Central Repository for Nevada Records of
20-33 Criminal History for submission to the Federal Bureau of
20-34 Investigation for a report concerning the criminal history of the
20-35 applicant. The investigation need not be limited solely to
20-36 consideration of the results of the report concerning the criminal
20-37 history of the applicant.
20-38 5. A work permit issued to a gaming employee or an
20-39 independent agent must have clearly imprinted thereon a statement
20-40 that it is valid for gaming purposes only.
20-41 6. Unless denied or objected to by the Board at the time that
20-42 the permittee filed a notice of a change in his place of employment
20-43 pursuant to subsection 8 and unless suspended or revoked, such a
20-44 permit expires on the fifth anniversary of the permittee’s birthday,
20-45 measured from the birthday nearest the date of issuance or renewal.
21-1 If the date of birth of a permittee is on February 29 in a leap year,
21-2 for the purposes of this section, his date of birth shall be deemed to
21-3 be on February 28.
21-4 7. Whenever any person applies to a county or city licensing
21-5 authority for the issuance or renewal of a work permit, the county or
21-6 city officer or employee to whom the application is made shall
21-7 within 24 hours mail or deliver a copy thereof to the Board, and may
21-8 at the discretion of the county or city licensing authority issue a
21-9 temporary work permit that is valid for 120 days. If within 120 days
21-10 after receipt by the Board of the copy of the application, the Board
21-11 has not notified the county or city licensing authority of any
21-12 objection, the authority may issue, renew or deny a permanent work
21-13 permit to the applicant.
21-14 8. A gaming employee who is issued a work permit is eligible
21-15 for employment in any licensed gaming establishment in this state
21-16 until the work permit is denied or objected to by the Board, expires
21-17 or is revoked. However, each such employee shall notify the Board
21-18 within 10 days following any change of his place of employment at
21-19 a gaming establishment. Such a notification shall be deemed an
21-20 application for a work permit that the Board may deny or object to
21-21 after conducting any investigations the Board deems appropriate.
21-22 The provisions of subsections 9 to 16, inclusive, apply to any such
21-23 objection of the Board. The Commission shall adopt regulations to:
21-24 (a) Facilitate uniform procedures for the issuance of work
21-25 permits by counties and cities;
21-26 (b) Establish uniform criteria for denial by a county or city
21-27 licensing authority of an application for a work permit; and
21-28 (c) Provide for the creation and maintenance of a system of
21-29 records that contain information regarding the current place of
21-30 employment of each person who possesses a valid work permit.
21-31 9. If the Board, within the 120-day period, notifies:
21-32 (a) The county or city licensing authority; and
21-33 (b) The applicant,
21-34 that the Board objects to the granting of a work permit to the
21-35 applicant, the authority shall deny the work permit and shall
21-36 immediately revoke and repossess any temporary work permit
21-37 which it may have issued. The notice of objection by the Board
21-38 which is sent to the applicant must include a statement of the facts
21-39 upon which the Board relied in making its objection.
21-40 10. Whenever an application for a work permit is made to the
21-41 Board and the Board denies such an application, it shall include in
21-42 its notice of the denial a statement of the facts upon which it relied
21-43 in denying the application.
21-44 11. Any person whose application for a work permit has been
21-45 denied because of an objection by the Board or whose application
22-1 has been denied by the Board may, not later than 60 days after
22-2 receiving notice of the denial or objection, apply to the Board for a
22-3 hearing. A failure of a person whose application has been denied to
22-4 apply for a hearing within 60 days or his failure to appear at a
22-5 hearing of the Board conducted pursuant to this section shall be
22-6 deemed to be an admission that the denial or objection is well-
22-7 founded, and the failure precludes administrative or judicial review.
22-8 At the hearing, the Board shall take any testimony deemed
22-9 necessary. After the hearing, the Board shall review the testimony
22-10 taken and any other evidence, and shall within 45 days after the date
22-11 of the hearing mail to the applicant its decision sustaining or
22-12 reversing the denial of the work permit or the objection to the
22-13 issuance of a work permit.
22-14 12. The Board may object to the issuance of a work permit or
22-15 may refuse to issue a work permit for any cause deemed reasonable
22-16 by the Board. The Board may object or refuse if the applicant has:
22-17 (a) Failed to disclose or misstated information or otherwise
22-18 attempted to mislead the Board with respect to any material fact
22-19 contained in the application for the issuance or renewal of a work
22-20 permit;
22-21 (b) Knowingly failed to comply with the provisions of this
22-22 chapter or chapter 463B, 464 or 465 of NRS or the regulations of
22-23 the Commission at a place of previous employment;
22-24 (c) Committed, attempted or conspired to commit any crime of
22-25 moral turpitude, embezzlement or larceny or any violation of any
22-26 law pertaining to gaming, or any crime which is inimical to the
22-27 declared policy of this state concerning gaming;
22-28 (d) Committed, attempted or conspired to commit a crime which
22-29 is a felony or gross misdemeanor in this state or an offense in
22-30 another state or jurisdiction which would be a felony or gross
22-31 misdemeanor if committed in this state [;] and which relates to the
22-32 applicant’s suitability or qualifications to work as a gaming
22-33 employee;
22-34 (e) Been identified in the published reports of any federal or
22-35 state legislative or executive body as being a member or associate of
22-36 organized crime, or as being of notorious and unsavory reputation;
22-37 (f) Been placed and remains in the constructive custody of any
22-38 federal, state or municipal law enforcement authority; or
22-39 (g) Had a work permit revoked or committed any act which is a
22-40 ground for the revocation of a work permit or would have been a
22-41 ground for revoking his work permit if he had then held a work
22-42 permit.
22-43 If the Board issues or does not object to the issuance of a work
22-44 permit to an applicant, it may specially limit the period for which
22-45 the permit is valid, limit the job classifications for which the holder
23-1 of the permit may be employed and establish such individual
23-2 conditions for the issuance, renewal and effectiveness of the permit
23-3 as the Board deems appropriate, including required submission to
23-4 unscheduled tests for the presence of alcohol or controlled
23-5 substances.
23-6 13. Any applicant aggrieved by the decision of the Board may,
23-7 within 15 days after the announcement of the decision, apply in
23-8 writing to the Commission for review of the decision. Review is
23-9 limited to the record of the proceedings before the Board. The
23-10 Commission may sustain, modify or reverse the Board’s decision.
23-11 The decision of the Commission is subject to judicial review
23-12 pursuant to NRS 463.315 to 463.318, inclusive.
23-13 14. Except as otherwise provided in this subsection, all records
23-14 acquired or compiled by the Board or Commission relating to any
23-15 application made pursuant to this section and all lists of persons to
23-16 whom work permits have been issued or denied and all records of
23-17 the names or identity of persons engaged in the gaming industry in
23-18 this state are confidential and must not be disclosed except in the
23-19 proper administration of this chapter or to an authorized law
23-20 enforcement agency. Upon receipt of a request from the Welfare
23-21 Division of the Department of Human Resources pursuant to NRS
23-22 425.400 for information relating to a specific person who has
23-23 applied for or holds a work permit, the Board shall disclose to the
23-24 Division his social security number, residential address and current
23-25 employer as that information is listed in the files and records of the
23-26 Board. Any record of the Board or Commission which shows that
23-27 the applicant has been convicted of a crime in another state must
23-28 show whether the crime was a misdemeanor, gross misdemeanor,
23-29 felony or other class of crime as classified by the state in which the
23-30 crime was committed. In a disclosure of the conviction, reference to
23-31 the classification of the crime must be based on the classification in
23-32 the state where it was committed.
23-33 15. The Chairman of the Board may designate a member of the
23-34 Board or the Board may appoint a hearing examiner and authorize
23-35 that person to perform on behalf of the Board any of the following
23-36 functions required of the Board by this section concerning work
23-37 permits:
23-38 (a) Conducting a hearing and taking testimony;
23-39 (b) Reviewing the testimony and evidence presented at the
23-40 hearing;
23-41 (c) Making a recommendation to the Board based upon the
23-42 testimony and evidence or rendering a decision on behalf of
23-43 the Board to sustain or reverse the denial of a work permit or the
23-44 objection to the issuance or renewal of a work permit; and
23-45 (d) Notifying the applicant of the decision.
24-1 16. Notice by the Board as provided pursuant to this section is
24-2 sufficient if it is mailed to the applicant’s last known address as
24-3 indicated on the application for a work permit, or the record of the
24-4 hearing, as the case may be. The date of mailing may be proven by a
24-5 certificate signed by an officer or employee of the Board which
24-6 specifies the time the notice was mailed. The notice shall be deemed
24-7 to have been received by the applicant 5 days after it is deposited
24-8 with the United States Postal Service with the postage thereon
24-9 prepaid.
24-10 Sec. 23. NRS 489.421 is hereby amended to read as follows:
24-11 489.421 The following grounds, among others, constitute
24-12 grounds for disciplinary action under NRS 489.381:
24-13 1. Revocation or denial of a license issued pursuant to this
24-14 chapter or an equivalent license in any other state, territory or
24-15 country.
24-16 2. Failure of the licensee to maintain any other license required
24-17 by any political subdivision of this state.
24-18 3. Failure to respond to a notice served by the Division as
24-19 provided by law within the time specified in the notice.
24-20 4. Failure to take the corrective action required in a notice of
24-21 violation issued pursuant to NRS 489.291.
24-22 5. Failure or refusing to permit access by the Administrator to
24-23 documentary materials set forth in NRS 489.231.
24-24 6. Disregarding or violating any order of the Administrator,
24-25 any agreement with the Division, or any provision of this chapter or
24-26 any regulation adopted under it.
24-27 7. Conviction of a misdemeanor for violation of any of the
24-28 provisions of this chapter.
24-29 8. Conviction of or entering a plea of guilty, guilty but
24-30 mentally ill or nolo contendere to [a] :
24-31 (a) A felony relating to the position for which the applicant
24-32 has applied or the licensee has been licensed pursuant to this
24-33 chapter; or [a]
24-34 (b) A crime of moral turpitude in this state or any other state,
24-35 territory or country.
24-36 9. Any other conduct that constitutes deceitful, fraudulent or
24-37 dishonest dealing.
24-38 Sec. 24. NRS 611.045 is hereby amended to read as follows:
24-39 611.045 1. The Labor Commissioner may issue a license to an
24-40 applicant for the conduct of an employment agency:
24-41 (a) After making an investigation of the applicant and finding
24-42 that he is of good moral character and has not been convicted of a
24-43 felony relating to the conduct of an employment agency or any
24-44 offense involving moral turpitude;
25-1 (b) After making an investigation of the premises where the
25-2 proposed employment agency will be conducted and finding that the
25-3 premises are suitable for the purpose;
25-4 (c) Upon determining that the applicant is a resident of this
25-5 state; and
25-6 (d) Upon the applicant’s payment of the licensing fee prescribed
25-7 in NRS 611.060.
25-8 2. The Labor Commissioner shall complete his investigation of
25-9 the applicant within 60 days after such applicant has submitted his
25-10 application.
25-11 3. A license to conduct an employment agency is valid only as
25-12 to the person and place named in the license and is effective from
25-13 the date specified therein to and including the next following
25-14 December 31, unless sooner suspended or revoked.
25-15 4. Annually at least 15 days prior to the expiration date of the
25-16 license, the licensee must apply for renewal in the manner
25-17 prescribed by regulation of the Labor Commissioner. Pending
25-18 administrative action on a renewal application, the license may be
25-19 continued in effect for a period not to exceed 60 days beyond the
25-20 expiration date of the license.
25-21 Sec. 25. NRS 623A.065 is hereby amended to read as follows:
25-22 623A.065 For the purposes of this chapter, a person has good
25-23 moral character if he:
25-24 1. [Has not been convicted of a class A felony;
25-25 2.] Has not been convicted of a felony , [other than a class A
25-26 felony or a] misdemeanor or gross misdemeanor that is directly
25-27 related to the practice of landscape architecture;
25-28 [3.] 2. Has not committed an act involving dishonesty, fraud,
25-29 misrepresentation, breach of a fiduciary duty, gross negligence or
25-30 incompetence while engaged in the practice of landscape
25-31 architecture;
25-32 [4.] 3. Is not incarcerated in a jail or prison at the time of
25-33 submitting an application for a certificate of registration or a
25-34 certificate to practice as a landscape architect intern;
25-35 [5.] 4. Has not committed fraud or misrepresentation in
25-36 connection with:
25-37 (a) The submission of an application for a certificate of
25-38 registration or certificate to practice as a landscape architect intern;
25-39 or
25-40 (b) The taking of one or more examinations pursuant to the
25-41 provisions of this chapter;
25-42 [6.] 5. Has not had his certificate of registration suspended or
25-43 revoked by the Board or in any other state or country;
25-44 [7.] 6. Has not, in lieu of receiving disciplinary action against
25-45 him, surrendered a certificate of registration or certificate to practice
26-1 as a landscape architect intern in this state or a certificate or license
26-2 to practice landscape architecture issued in another state or country;
26-3 [8.] 7. Has not engaged in the practice of landscape
26-4 architecture in this state or in any other state or country without a
26-5 license or certificate of registration or certificate to practice as a
26-6 landscape architect intern within the 2 years immediately preceding
26-7 the filing of an application for a certificate of registration or
26-8 certificate to practice as a landscape architect intern pursuant to the
26-9 provisions of this chapter; or
26-10 [9.] 8. Has not, within the 5 years immediately preceding the
26-11 filing of an application specified in subsection [8,] 7, engaged in
26-12 unprofessional conduct in violation of the regulations adopted by the
26-13 Board.
26-14 Sec. 26. NRS 623A.280 is hereby amended to read as follows:
26-15 623A.280 1. The following acts, among others, constitute
26-16 cause for disciplinary action if proof satisfactory to the Board is
26-17 presented that:
26-18 (a) A holder of a certificate of registration has signed or sealed
26-19 instruments of service which were not prepared by him or under his
26-20 direct supervision.
26-21 (b) A holder of a certificate of registration has permitted the use
26-22 of his signature or seal by another person to evade the provisions of
26-23 this chapter or any regulation adopted by the Board.
26-24 (c) A holder of a certificate of registration has not signed, sealed
26-25 or dated instruments of service prepared by him.
26-26 (d) A holder of a certificate of registration or certificate to
26-27 practice as a landscape architect intern impersonates a landscape
26-28 architect or landscape architect intern of the same or similar name.
26-29 (e) A holder of a certificate of registration or certificate to
26-30 practice as a landscape architect intern practices under an assumed,
26-31 fictitious or corporate name.
26-32 (f) A holder of a certificate of registration or certificate to
26-33 practice as a landscape architect intern practices landscape
26-34 architecture in violation of the provisions of this chapter or any
26-35 regulation adopted by the Board.
26-36 (g) A holder of a certificate of registration or certificate to
26-37 practice as a landscape architect intern has obtained his certificate of
26-38 registration or certificate to practice as a landscape architect intern
26-39 by fraud or misrepresentation.
26-40 (h) A holder of a certificate of registration or certificate to
26-41 practice as a landscape architect intern is guilty of fraud or deceit in
26-42 the practice of landscape architecture.
26-43 (i) A holder of a certificate of registration or certificate to
26-44 practice as a landscape architect intern is guilty of incompetency,
26-45 negligence or gross negligence.
27-1 (j) A holder of a certificate of registration or certificate to
27-2 practice as a landscape architect intern is convicted of, or enters a
27-3 plea of nolo contendere to[:
27-4 (1) Any felony; or
27-5 (2) Any] any crime, an essential element of which is
27-6 dishonesty, or which is directly related to the practice of landscape
27-7 architecture.
27-8 (k) A holder of a certificate of registration or certificate to
27-9 practice as a landscape architect intern is guilty of aiding or abetting
27-10 any person in the violation of the provisions of this chapter or any
27-11 regulation adopted by the Board.
27-12 (l) A person practices as a landscape architect with a certificate
27-13 of registration or certificate to practice as a landscape architect
27-14 intern that has expired or has been suspended or revoked.
27-15 (m) A holder of a certificate of registration or certificate to
27-16 practice as a landscape architect intern is disciplined by an agency
27-17 of another state or foreign country which regulates the practice of
27-18 landscape architecture and at least one of the grounds for the
27-19 disciplinary action taken is a ground for disciplinary action pursuant
27-20 to the provisions of this chapter.
27-21 (n) A holder of a certificate of registration or certificate to
27-22 practice as a landscape architect intern fails to comply with an order
27-23 issued by the Board or to cooperate in an investigation conducted by
27-24 the Board.
27-25 2. As used in this section:
27-26 (a) “Gross negligence” means conduct that demonstrates a
27-27 reckless disregard of the consequences affecting the life or property
27-28 of another person.
27-29 (b) “Incompetency” means conduct that, in the practice of
27-30 landscape architecture, demonstrates a significant lack of ability,
27-31 knowledge or fitness to discharge a professional obligation.
27-32 (c) “Negligence” means a deviation from the normal standard of
27-33 professional care exercised generally by other members in the
27-34 practice of landscape architecture.
27-35 Sec. 27. NRS 624.3016 is hereby amended to read as follows:
27-36 624.3016 The following acts or omissions, among others,
27-37 constitute cause for disciplinary action under NRS 624.300:
27-38 1. Any fraudulent or deceitful act committed in the capacity of
27-39 a contractor.
27-40 2. A conviction of a violation of NRS 624.730 , [or] a felony
27-41 relating to the practice of a contractor or a crime involving moral
27-42 turpitude.
27-43 3. Knowingly making a false statement in or relating to the
27-44 recording of a notice of lien pursuant to the provisions of
27-45 NRS 108.226.
28-1 4. Failure to give a notice required by NRS 108.245 or
28-2 108.246.
28-3 5. Failure to comply with NRS 597.713, 597.716 or 597.719 or
28-4 any regulations of the Board governing contracts for the
28-5 construction of residential pools and spas.
28-6 6. Failure to comply with NRS 624.600.
28-7 7. Misrepresentation or the omission of a material fact, or the
28-8 commission of any other fraudulent or deceitful act, to obtain a
28-9 license.
28-10 8. Failure to pay an assessment required pursuant to
28-11 NRS 624.470.
28-12 Sec. 28. NRS 625.410 is hereby amended to read as follows:
28-13 625.410 The Board may take disciplinary action against a
28-14 licensee, an applicant for licensure, an intern or an applicant for
28-15 certification as an intern for:
28-16 1. The practice of any fraud or deceit in obtaining or
28-17 attempting to obtain or renew a license or cheating on any
28-18 examination required by this chapter.
28-19 2. Any gross negligence, incompetency or misconduct in the
28-20 practice of professional engineering as a professional engineer or in
28-21 the practice of land surveying as a professional land surveyor.
28-22 3. Aiding or abetting any person in the violation of any
28-23 provision of this chapter or regulation adopted by the Board.
28-24 4. Conviction of or entry of a plea of nolo contendere to[:
28-25 (a) Any felony; or
28-26 (b) Any] any crime, an essential element of which is dishonesty,
28-27 or which is directly related to the practice of engineering or land
28-28 surveying.
28-29 5. A violation of any provision of this chapter or regulation
28-30 adopted by the Board.
28-31 6. Discipline by another state or territory, the District of
28-32 Columbia, a foreign country, the Federal Government or any other
28-33 governmental agency, if at least one of the grounds for discipline is
28-34 the same or substantially equivalent to any ground contained in this
28-35 chapter.
28-36 7. Practicing after the license of the professional engineer or
28-37 professional land surveyor has expired or has been suspended or
28-38 revoked.
28-39 8. Failing to comply with an order issued by the Board.
28-40 9. Failing to provide requested information within 30 days after
28-41 receipt of a request by the Board or its investigators concerning a
28-42 complaint made to the Board.
28-43 Sec. 29. NRS 625A.160 is hereby amended to read as follows:
28-44 625A.160 The grounds for initiating disciplinary action under
28-45 this chapter are:
29-1 1. Unprofessional conduct;
29-2 2. Conviction of a felony relating to the practice of an
29-3 environmental health specialist or any offense involving moral
29-4 turpitude;
29-5 3. The suspension or revocation of a certificate or license as an
29-6 environmental health specialist by any other jurisdiction; or
29-7 4. Failure to meet the requirements for continuing education.
29-8 Sec. 30. NRS 628.190 is hereby amended to read as follows:
29-9 628.190 1. Except as otherwise provided in this section and
29-10 NRS 628.310, a certificate of certified public accountant must be
29-11 granted by the Board to any person who:
29-12 (a) Is a resident of this state or, if not a resident, has designated
29-13 to the Board an agent who is a resident for notification and service
29-14 of process;
29-15 (b) Is a person who is without any history of acts involving
29-16 dishonesty or moral turpitude;
29-17 (c) Complies with the requirements of education and experience
29-18 as provided in NRS 628.200;
29-19 (d) Has submitted to the Board a complete set of his fingerprints
29-20 and written permission authorizing the Board to forward the
29-21 fingerprints to the Central Repository for Nevada Records of
29-22 Criminal History for submission to the Federal Bureau of
29-23 Investigation for its report; and
29-24 (e) Has passed the examination prescribed by the Board.
29-25 2. The Board may refuse to grant a certificate of certified
29-26 public accountant to an applicant if he has been convicted of a
29-27 felony relating to the practice of a certified public accountant
29-28 under the laws of any state or of the United States.
29-29 3. The Board may issue a provisional certificate to an applicant
29-30 until the Board receives the report from the Federal Bureau of
29-31 Investigation.
29-32 Sec. 31. NRS 628.390 is hereby amended to read as follows:
29-33 628.390 1. After giving notice and conducting a hearing, the
29-34 Board may revoke, or may suspend for a period of not more than 5
29-35 years, any certificate issued under NRS 628.190 to 628.310,
29-36 inclusive, any registration or license granted to a registered public
29-37 accountant under NRS 628.350, or any registration of a partnership,
29-38 corporation, limited-liability company or office, or may revoke,
29-39 suspend or refuse to renew any permit issued under NRS 628.380,
29-40 or may censure the holder of any permit, for any one or any
29-41 combination of the following causes:
29-42 (a) Fraud or deceit in obtaining a certificate as a certified public
29-43 accountant, or in obtaining registration or a license as a public
29-44 accountant under this chapter, or in obtaining a permit to practice
29-45 public accounting under this chapter.
30-1 (b) Dishonesty, fraud or gross negligence by a certified or
30-2 registered public accountant in the practice of public accounting or,
30-3 if not in the practice of public accounting, of a kind which adversely
30-4 affects the ability to perform public accounting.
30-5 (c) Violation of any of the provisions of this chapter.
30-6 (d) Violation of a regulation or rule of professional conduct
30-7 adopted by the Board under the authority granted by this chapter.
30-8 (e) Conviction of a felony under the laws of any state or of the
30-9 United States[.] relating to the practice of public accounting.
30-10 (f) Conviction of any crime, an element of which is dishonesty
30-11 or fraud, under the laws of any state or of the United States.
30-12 (g) Cancellation, revocation, suspension or refusal to renew
30-13 authority to practice as a certified public accountant or a registered
30-14 public accountant by any other state, for any cause other than failure
30-15 to pay an annual registration fee or to comply with requirements for
30-16 continuing education or review of his practice in the other state.
30-17 (h) Suspension or revocation of the right to practice before any
30-18 state or federal agency.
30-19 (i) Unless the person has been placed on inactive or retired
30-20 status, failure to obtain an annual permit under NRS 628.380,
30-21 within:
30-22 (1) Sixty days after the expiration date of the permit to
30-23 practice last obtained or renewed by the holder of a certificate or
30-24 registrant; or
30-25 (2) Sixty days after the date upon which the holder of a
30-26 certificate or registrant was granted his certificate or registration, if
30-27 no permit was ever issued to him, unless the failure has been
30-28 excused by the Board.
30-29 (j) Conduct discreditable to the profession of public accounting
30-30 or which reflects adversely upon the fitness of the person to engage
30-31 in the practice of public accounting.
30-32 (k) Making a false or misleading statement in support of an
30-33 application for a certificate, registration or permit of another person.
30-34 2. After giving notice and conducting a hearing, the Board may
30-35 deny an application to take the examination prescribed by the Board
30-36 pursuant to NRS 628.190, deny a person admission to such an
30-37 examination, invalidate a grade received for such an examination or
30-38 deny an application for a certificate issued pursuant to NRS 628.190
30-39 to 628.310, inclusive, to a person who has:
30-40 (a) Made any false or fraudulent statement, or any misleading
30-41 statement or omission relating to a material fact in an application:
30-42 (1) To take the examination prescribed by the Board pursuant
30-43 to NRS 628.190; or
30-44 (2) For a certificate issued pursuant to NRS 628.190 to
30-45 628.310, inclusive;
31-1 (b) Cheated on an examination prescribed by the Board pursuant
31-2 to NRS 628.190 or any such examination taken in another state or
31-3 jurisdiction of the United States;
31-4 (c) Aided, abetted or conspired with any person in a violation of
31-5 the provisions of paragraph (a) or (b); or
31-6 (d) Committed any combination of the acts set forth in
31-7 paragraphs (a), (b) and (c).
31-8 3. In addition to other penalties prescribed by this section, the
31-9 Board may impose a civil penalty of not more than $5,000 for each
31-10 violation of this section. The Board may recover:
31-11 (a) Attorney’s fees and costs incurred with respect to a hearing
31-12 held pursuant to this section from a person who is found in violation
31-13 of any of the provisions of this section;
31-14 (b) Attorney’s fees and costs incurred in the recovery of a civil
31-15 penalty imposed pursuant to this section; and
31-16 (c) Any other costs incurred by the Board as a result of such a
31-17 violation.
31-18 Sec. 32. NRS 630.301 is hereby amended to read as follows:
31-19 630.301 The following acts, among others, constitute grounds
31-20 for initiating disciplinary action or denying licensure:
31-21 1. Conviction of [a felony,] any offense involving moral
31-22 turpitude or any offense relating to the practice of medicine or the
31-23 ability to practice medicine. A plea of nolo contendere is a
31-24 conviction for the purposes of this subsection.
31-25 2. Conviction of violating any of the provisions of NRS
31-26 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350
31-27 to 616D.440, inclusive.
31-28 3. The revocation, suspension, modification or limitation of the
31-29 license to practice any type of medicine by any other jurisdiction or
31-30 the surrender of the license or discontinuing the practice of medicine
31-31 while under investigation by any licensing authority, a medical
31-32 facility, a branch of the Armed Services of the United States, an
31-33 insurance company, an agency of the Federal Government or an
31-34 employer.
31-35 4. Malpractice, which may be evidenced by claims settled
31-36 against a practitioner.
31-37 5. The engaging by a practitioner in any sexual activity with a
31-38 patient who is currently being treated by the practitioner.
31-39 6. Disruptive behavior with physicians, hospital personnel,
31-40 patients, members of the families of patients or any other persons if
31-41 the behavior interferes with patient care or has an adverse impact on
31-42 the quality of care rendered to a patient.
31-43 7. The engaging in conduct that violates the trust of a patient
31-44 and exploits the relationship between the physician and the patient
31-45 for financial or other personal gain.
32-1 8. The failure to offer appropriate procedures or studies, to
32-2 protest inappropriate denials by organizations for managed care, to
32-3 provide necessary services or to refer a patient to an appropriate
32-4 provider, when such a failure occurs with the intent of positively
32-5 influencing the financial well-being of the practitioner or an insurer.
32-6 9. The engaging in conduct that brings the medical profession
32-7 into disrepute, including, without limitation, conduct that violates
32-8 any provision of a national code of ethics adopted by the Board by
32-9 regulation.
32-10 10. The engaging in sexual contact with the surrogate of a
32-11 patient or other key persons related to a patient, including, without
32-12 limitation, a spouse, parent or legal guardian, which exploits the
32-13 relationship between the physician and the patient in a sexual
32-14 manner.
32-15 Sec. 33. NRS 630A.340 is hereby amended to read as follows:
32-16 630A.340 The following acts, among others, constitute
32-17 grounds for initiating disciplinary action or denying the issuance of
32-18 a license:
32-19 1. Unprofessional conduct.
32-20 2. Conviction of:
32-21 (a) A violation of any federal or state law regulating the
32-22 possession, distribution or use of any controlled substance or any
32-23 dangerous drug as defined in chapter 454 of NRS;
32-24 (b) [A felony;
32-25 (c)] A violation of any of the provisions of NRS 616D.200,
32-26 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to
32-27 616D.440, inclusive;
32-28 [(d)] (c) Any offense involving moral turpitude; or
32-29 [(e)] (d) Any offense relating to the practice of homeopathic
32-30 medicine or the ability to practice homeopathic medicine.
32-31 A plea of nolo contendere to any offense listed in [paragraph (a),
32-32 (b), (c), (d) or (e)] this subsection shall be deemed a conviction.
32-33 3. The suspension, modification or limitation of a license to
32-34 practice any type of medicine by any other jurisdiction.
32-35 4. The surrender of a license to practice any type of medicine
32-36 or the discontinuance of the practice of medicine while under
32-37 investigation by any licensing authority, medical facility, facility for
32-38 the dependent, branch of the Armed Forces of the United States,
32-39 insurance company, agency of the Federal Government or employer.
32-40 5. Gross or repeated malpractice, which may be evidenced by
32-41 claims of malpractice settled against a practitioner.
32-42 6. Professional incompetence.
32-43 Sec. 34. NRS 632.320 is hereby amended to read as follows:
32-44 632.320 The Board may deny, revoke or suspend any license
32-45 or certificate applied for or issued pursuant to this chapter, or take
33-1 other disciplinary action against a licensee or holder of a certificate,
33-2 upon determining that he:
33-3 1. Is guilty of fraud or deceit in procuring or attempting to
33-4 procure a license or certificate pursuant to this chapter.
33-5 2. Is guilty of [a felony or] any offense:
33-6 (a) Involving moral turpitude; or
33-7 (b) Related to the qualifications, functions or duties of a licensee
33-8 or holder of a certificate,
33-9 in which case the record of conviction is conclusive evidence
33-10 thereof.
33-11 3. Has been convicted of violating any of the provisions of
33-12 NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
33-13 inclusive.
33-14 4. Is unfit or incompetent by reason of gross negligence or
33-15 recklessness in carrying out usual nursing functions.
33-16 5. Uses any controlled substance, dangerous drug as defined in
33-17 chapter 454 of NRS, or intoxicating liquor to an extent or in a
33-18 manner which is dangerous or injurious to any other person or
33-19 which impairs his ability to conduct the practice authorized by his
33-20 license or certificate.
33-21 6. Is mentally incompetent.
33-22 7. Is guilty of unprofessional conduct, which includes, but is
33-23 not limited to, the following:
33-24 (a) Conviction of practicing medicine without a license in
33-25 violation of chapter 630 of NRS, in which case the record of
33-26 conviction is conclusive evidence thereof.
33-27 (b) Impersonating any applicant or acting as proxy for an
33-28 applicant in any examination required pursuant to this chapter for
33-29 the issuance of a license or certificate.
33-30 (c) Impersonating another licensed practitioner or holder of a
33-31 certificate.
33-32 (d) Permitting or allowing another person to use his license or
33-33 certificate to practice as a licensed practical nurse, registered nurse
33-34 or nursing assistant.
33-35 (e) Repeated malpractice, which may be evidenced by claims of
33-36 malpractice settled against him.
33-37 (f) Physical, verbal or psychological abuse of a patient.
33-38 (g) Conviction for the use or unlawful possession of a controlled
33-39 substance or dangerous drug as defined in chapter 454 of NRS.
33-40 8. Has willfully or repeatedly violated the provisions of this
33-41 chapter. The voluntary surrender of a license or certificate issued
33-42 pursuant to this chapter is prima facie evidence that the licensee or
33-43 certificate holder has committed or expects to commit a violation of
33-44 this chapter.
34-1 9. Is guilty of aiding or abetting any person in a violation of
34-2 this chapter.
34-3 10. Has falsified an entry on a patient’s medical chart
34-4 concerning a controlled substance.
34-5 11. Has falsified information which was given to a physician,
34-6 pharmacist, podiatric physician or dentist to obtain a controlled
34-7 substance.
34-8 12. Has been disciplined in another state in connection with a
34-9 license to practice nursing or a certificate to practice as a nursing
34-10 assistant or has committed an act in another state which would
34-11 constitute a violation of this chapter.
34-12 13. Has engaged in conduct likely to deceive, defraud or
34-13 endanger a patient or the general public.
34-14 14. Has willfully failed to comply with a regulation, subpoena
34-15 or order of the Board.
34-16 For the purposes of this section, a plea or verdict of guilty or guilty
34-17 but mentally ill or a plea of nolo contendere constitutes a conviction
34-18 of an offense. The Board may take disciplinary action pending the
34-19 appeal of a conviction.
34-20 Sec. 35. NRS 633.511 is hereby amended to read as follows:
34-21 633.511 The grounds for initiating disciplinary action pursuant
34-22 to this chapter are:
34-23 1. Unprofessional conduct.
34-24 2. Conviction of:
34-25 (a) A violation of any federal or state law regulating the
34-26 possession, distribution or use of any controlled substance or any
34-27 dangerous drug as defined in chapter 454 of NRS;
34-28 (b) A felony[;] relating to the practice of osteopathic
34-29 medicine;
34-30 (c) A violation of any of the provisions of NRS 616D.200,
34-31 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
34-32 (d) Any offense involving moral turpitude.
34-33 3. The suspension of the license to practice osteopathic
34-34 medicine by any other jurisdiction.
34-35 4. Gross or repeated malpractice, which may be evidenced by
34-36 claims of malpractice settled against a practitioner.
34-37 5. Professional incompetence.
34-38 6. Failure to comply with the requirements of NRS 633.526.
34-39 Sec. 36. NRS 634.140 is hereby amended to read as follows:
34-40 634.140 The grounds for initiating disciplinary action pursuant
34-41 to this chapter are:
34-42 1. Unprofessional conduct.
34-43 2. Conviction of:
35-1 (a) A violation of any federal or state law regulating the
35-2 possession, distribution or use of any controlled substance or any
35-3 dangerous drug as defined in chapter 454 of NRS;
35-4 (b) A felony[;] relating to the practice of chiropractic;
35-5 (c) A violation of any of the provisions of NRS 616D.200,
35-6 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
35-7 (d) Any offense involving moral turpitude.
35-8 3. Suspension or revocation of the license to practice
35-9 chiropractic by any other jurisdiction.
35-10 4. Gross or repeated malpractice.
35-11 5. Referring, in violation of NRS 439B.425, a patient to a
35-12 health facility, medical laboratory or commercial establishment in
35-13 which the licensee has a financial interest.
35-14 Sec. 37. NRS 634A.170 is hereby amended to read as follows:
35-15 634A.170 The Board may refuse to issue or may suspend or
35-16 revoke any license for any one or any combination of the following
35-17 causes:
35-18 1. Conviction of:
35-19 (a) A felony[;] relating to the practice of Oriental medicine;
35-20 (b) Any offense involving moral turpitude;
35-21 (c) A violation of any state or federal law regulating the
35-22 possession, distribution or use of any controlled substance, as shown
35-23 by a certified copy of the record of the court; or
35-24 (d) A violation of any of the provisions of NRS 616D.200,
35-25 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
35-26 2. The obtaining of or any attempt to obtain a license or
35-27 practice in the profession for money or any other thing of value, by
35-28 fraudulent misrepresentations;
35-29 3. Gross or repeated malpractice, which may be evidenced by
35-30 claims of malpractice settled against a practitioner;
35-31 4. Advertising by means of a knowingly false or deceptive
35-32 statement;
35-33 5. Advertising, practicing or attempting to practice under a
35-34 name other than one’s own;
35-35 6. Habitual drunkenness or habitual addiction to the use of a
35-36 controlled substance;
35-37 7. Using any false, fraudulent or forged statement or document,
35-38 or engaging in any fraudulent, deceitful, dishonest or immoral
35-39 practice in connection with the licensing requirements of this
35-40 chapter;
35-41 8. Sustaining a physical or mental disability which renders
35-42 further practice dangerous;
35-43 9. Engaging in any dishonorable, unethical or unprofessional
35-44 conduct which may deceive, defraud or harm the public, or which is
35-45 unbecoming a person licensed to practice under this chapter;
36-1 10. Using any false or fraudulent statement in connection with
36-2 the practice of Oriental medicine or any branch thereof;
36-3 11. Violating or attempting to violate, or assisting or abetting
36-4 the violation of, or conspiring to violate any provision of this
36-5 chapter;
36-6 12. Being adjudicated incompetent or insane;
36-7 13. Advertising in an unethical or unprofessional manner;
36-8 14. Obtaining a fee or financial benefit for any person by the
36-9 use of fraudulent diagnosis, therapy or treatment;
36-10 15. Willful disclosure of a privileged communication;
36-11 16. Failure of a licensee to designate the nature of his practice
36-12 in the professional use of his name by the term doctor of Oriental
36-13 medicine;
36-14 17. Willful violation of the law relating to the health, safety or
36-15 welfare of the public or of the regulations adopted by the State
36-16 Board of Health;
36-17 18. Administering, dispensing or prescribing any controlled
36-18 substance, except for the prevention, alleviation or cure of disease or
36-19 for relief from suffering; and
36-20 19. Performing, assisting or advising in the injection of any
36-21 liquid silicone substance into the human body.
36-22 Sec. 38. NRS 636.295 is hereby amended to read as follows:
36-23 636.295 The following acts, conduct, omissions, or mental or
36-24 physical conditions, or any of them, committed, engaged in,
36-25 omitted, or being suffered by a licensee, constitute sufficient cause
36-26 for disciplinary action:
36-27 1. Affliction of the licensee with any communicable disease
36-28 likely to be communicated to other persons.
36-29 2. Commission by the licensee of a felony relating to the
36-30 practice of optometry or a gross misdemeanor involving moral
36-31 turpitude of which he has been convicted and from which he has
36-32 been sentenced by a final judgment of a federal or state court in this
36-33 or any other state, the judgment not having been reversed or vacated
36-34 by a competent appellate court and the offense not having been
36-35 pardoned by executive authority.
36-36 3. Conviction of any of the provisions of NRS 616D.200,
36-37 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
36-38 4. Commission of fraud by or on behalf of the licensee in
36-39 obtaining his license or a renewal thereof, or in practicing optometry
36-40 thereunder.
36-41 5. Habitual drunkenness or addiction to any controlled
36-42 substance.
36-43 6. Gross incompetency.
36-44 7. Affliction with any mental or physical disorder or
36-45 disturbance seriously impairing his competency as an optometrist.
37-1 8. Making false or misleading representations, by or on behalf
37-2 of the licensee, with respect to optometric materials or services.
37-3 9. Practice by the licensee, or attempting or offering so to do,
37-4 while he is in an intoxicated condition.
37-5 10. Perpetration of unethical or unprofessional conduct in the
37-6 practice of optometry.
37-7 11. Any violation of the provisions of this chapter or any
37-8 regulations adopted pursuant thereto.
37-9 Sec. 39. NRS 637A.250 is hereby amended to read as follows:
37-10 637A.250 The Board may take disciplinary action against a
37-11 licensee after a hearing which discloses that the licensee:
37-12 1. Has been convicted of a felony[.] relating to the practice of
37-13 hearing aid specialists.
37-14 2. Has been convicted of violating any of the provisions of
37-15 NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
37-16 inclusive.
37-17 3. Obtained the license by fraud or misrepresentation.
37-18 4. Has made any false or fraudulent statements concerning
37-19 hearing aids or the business of hearing aid specialist.
37-20 5. Has been guilty of negligence, incompetence or
37-21 unprofessional conduct in his practice as a hearing aid specialist. As
37-22 used in this subsection, “unprofessional conduct” includes, without
37-23 limitation:
37-24 (a) Conduct which is intended to deceive or which the Board by
37-25 specific regulation has determined is unethical;
37-26 (b) Conduct which is harmful to the public or any conduct
37-27 detrimental to the public health or safety;
37-28 (c) Conduct for which disciplinary action was taken by an
37-29 agency of another state which is authorized to regulate the practice
37-30 of hearing aid specialists; and
37-31 (d) Knowingly employing, directly or indirectly, any person
37-32 who is not licensed to fit or dispense hearing aids or whose license
37-33 to fit or dispense hearing aids has been suspended or revoked.
37-34 6. Has loaned or transferred his license to another person.
37-35 7. Willfully violated any law of this state or any provision of
37-36 this chapter regulating hearing aid specialists or the operation of an
37-37 office, store or other location for dispensing hearing aids.
37-38 Sec. 40. NRS 637B.250 is hereby amended to read as follows:
37-39 637B.250 The grounds for initiating disciplinary action
37-40 pursuant to this chapter are:
37-41 1. Unprofessional conduct.
37-42 2. Conviction of:
37-43 (a) A violation of any federal or state law regarding the
37-44 possession, distribution or use of any controlled substance or any
37-45 dangerous drug as defined in chapter 454 of NRS;
38-1 (b) A felony[;] relating to the practice of audiology or speech
38-2 pathology;
38-3 (c) A violation of any of the provisions of NRS 616D.200,
38-4 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
38-5 (d) Any offense involving moral turpitude.
38-6 3. Suspension or revocation of a license to practice audiology
38-7 or speech pathology by any other jurisdiction.
38-8 4. Gross or repeated malpractice, which may be evidenced by
38-9 claims of malpractice settled against a practitioner.
38-10 5. Professional incompetence.
38-11 Sec. 41. NRS 638.140 is hereby amended to read as follows:
38-12 638.140 The following acts, among others, are grounds for
38-13 disciplinary action:
38-14 1. Violation of a regulation adopted by the State Board of
38-15 Pharmacy or the Nevada State Board of Veterinary Medical
38-16 Examiners;
38-17 2. Habitual drunkenness;
38-18 3. Addiction to the use of a controlled substance;
38-19 4. Conviction of or a plea of nolo contendere to a felony[,]
38-20 related to the practice of veterinary medicine, or any offense
38-21 involving moral turpitude;
38-22 5. Incompetence;
38-23 6. Negligence;
38-24 7. Malpractice pertaining to veterinary medicine as evidenced
38-25 by an action for malpractice in which the holder of a license is found
38-26 liable for damages;
38-27 8. Conviction of a violation of any law concerning the
38-28 possession, distribution or use of a controlled substance or a
38-29 dangerous drug as defined in chapter 454 of NRS;
38-30 9. Willful failure to comply with any provision of this chapter,
38-31 a regulation, subpoena or order of the Board, the standard of care
38-32 established by the American Veterinary Medical Association, or an
38-33 order of a court;
38-34 10. Prescribing, administering or dispensing a controlled
38-35 substance to an animal to influence the outcome of a competitive
38-36 event in which the animal is a competitor;
38-37 11. Willful failure to comply with a request by the Board for
38-38 medical records within 14 days after receipt of a demand letter
38-39 issued by the Board;
38-40 12. Willful failure to accept service by mail or in person from
38-41 the Board;
38-42 13. Failure of a supervising veterinarian to provide immediate
38-43 or direct supervision to licensed or unlicensed personnel if the
38-44 failure results in malpractice or the death of an animal; and
39-1 14. Failure of a supervising veterinarian to ensure that a
39-2 licensed veterinarian is on the premises of a facility or agency when
39-3 medical treatment is administered to an animal if the treatment
39-4 requires direct or immediate supervision by a licensed veterinarian.
39-5 Sec. 42. NRS 639.210 is hereby amended to read as follows:
39-6 639.210 The Board may suspend or revoke any certificate,
39-7 license, registration or permit issued pursuant to this chapter, and
39-8 deny the application of any person for a certificate, license,
39-9 registration or permit, if the holder or applicant:
39-10 1. Is not of good moral character;
39-11 2. Is guilty of habitual intemperance;
39-12 3. Becomes or is intoxicated or under the influence of liquor,
39-13 any depressant drug or a controlled substance, unless taken pursuant
39-14 to a lawfully issued prescription, while on duty in any establishment
39-15 licensed by the Board;
39-16 4. Is guilty of unprofessional conduct or conduct contrary to
39-17 the public interest;
39-18 5. Is addicted to the use of any controlled substance;
39-19 6. Has been convicted of a violation of any law or regulation of
39-20 the Federal Government or of this or any other state related to
39-21 controlled substances, dangerous drugs, drug samples, or the
39-22 wholesale or retail distribution of drugs;
39-23 7. Has been convicted of [a] :
39-24 (a) A felony relating to holding a certificate, license,
39-25 registration or permit pursuant to this chapter; or [other]
39-26 (b) Other crime involving moral turpitude, dishonesty or
39-27 corruption;
39-28 8. Has been convicted of violating any of the provisions of
39-29 NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
39-30 inclusive;
39-31 9. Has willfully made to the Board or its authorized
39-32 representative any false statement which is material to the
39-33 administration or enforcement of any of the provisions of this
39-34 chapter;
39-35 10. Has obtained any certificate, certification, license or permit
39-36 by the filing of an application, or any record, affidavit or other
39-37 information in support thereof, which is false or fraudulent;
39-38 11. Has violated any provision of the Federal Food, Drug and
39-39 Cosmetic Act or any other federal law or regulation relating to
39-40 prescription drugs;
39-41 12. Has violated, attempted to violate, assisted or abetted in the
39-42 violation of or conspired to violate any of the provisions of this
39-43 chapter or any law or regulation relating to drugs, the manufacture
39-44 or distribution of drugs or the practice of pharmacy, or has
39-45 knowingly permitted, allowed, condoned or failed to report a
40-1 violation of any of the provisions of this chapter or any law or
40-2 regulation relating to drugs, the manufacture or distribution of drugs
40-3 or the practice of pharmacy committed by the holder of a certificate,
40-4 license, registration or permit;
40-5 13. Has failed to renew his certificate, license or permit by
40-6 failing to submit the application for renewal or pay the renewal fee
40-7 therefor;
40-8 14. Has had his certificate, license or permit suspended or
40-9 revoked in another state on grounds which would cause suspension
40-10 or revocation of a certificate, license or permit in this state;
40-11 15. Has, as a managing pharmacist, violated any provision of
40-12 law or regulation concerning recordkeeping or inventory in a store
40-13 over which he presides, or has knowingly allowed a violation of any
40-14 provision of this chapter or other state or federal laws or regulations
40-15 relating to the practice of pharmacy by personnel of the pharmacy
40-16 under his supervision;
40-17 16. Has repeatedly been negligent, which may be evidenced by
40-18 claims of malpractice settled against him; or
40-19 17. Has failed to maintain and make available to a state or
40-20 federal officer any records in accordance with the provisions of this
40-21 chapter or chapter 453 or 454 of NRS.
40-22 Sec. 43. NRS 640A.200 is hereby amended to read as follows:
40-23 640A.200 1. The Board may, after notice and hearing,
40-24 suspend, revoke or refuse to issue or renew a license to practice as
40-25 an occupational therapist or occupational therapy assistant, or may
40-26 impose conditions upon the use of that license, if the Board
40-27 determines that the holder of or applicant for the license is guilty of
40-28 unprofessional conduct which has endangered or is likely to
40-29 endanger the public health, safety or welfare. The Board may
40-30 reinstate a revoked license upon application by the person to whom
40-31 the license was issued not less than 1 year after the license is
40-32 revoked.
40-33 2. If the Board receives a report pursuant to subsection 5 of
40-34 NRS 228.420, a hearing must be held to consider the report within
40-35 30 days after receiving the report.
40-36 3. As used in this section, “unprofessional conduct” includes:
40-37 (a) The obtaining of a license by fraud or through the
40-38 misrepresentation or concealment of a material fact;
40-39 (b) The conviction of [any crime, except a misdemeanor which
40-40 does not involve] :
40-41 (1) A felony or gross misdemeanor relating to the practice
40-42 of occupational therapy; or
40-43 (2) Any crime involving moral turpitude; and
40-44 (c) The violation of any provision of this chapter or regulation
40-45 of the Board adopted pursuant to this chapter.
41-1 Sec. 44. NRS 641.230 is hereby amended to read as follows:
41-2 641.230 The Board may suspend the license of a psychologist,
41-3 place a psychologist on probation, revoke the license of a
41-4 psychologist, require remediation for a psychologist or take any
41-5 other action specified by regulation if the Board finds by a
41-6 preponderance of the evidence that the psychologist has:
41-7 1. Been convicted of a felony[.] relating to the practice of
41-8 psychology.
41-9 2. Been convicted of any crime or offense that reflects the
41-10 inability of the psychologist to practice psychology with due regard
41-11 for the health and safety of others.
41-12 3. Been convicted of violating any of the provisions of NRS
41-13 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
41-14 inclusive.
41-15 4. Engaged in gross malpractice or repeated malpractice or
41-16 gross negligence in the practice of psychology.
41-17 5. Aided or abetted the practice of psychology by a person not
41-18 licensed by the Board.
41-19 6. Made any fraudulent or untrue statement to the Board.
41-20 7. Violated a regulation adopted by the Board.
41-21 8. Had his license to practice psychology suspended or revoked
41-22 or has had any other disciplinary action taken against him by
41-23 another state or territory of the United States, the District of
41-24 Columbia or a foreign country, if at least one of the grounds for
41-25 discipline is the same or substantially equivalent to any ground
41-26 contained in this chapter.
41-27 9. Failed to report to the Board within 30 days the revocation,
41-28 suspension or surrender of, or any other disciplinary action taken
41-29 against, a license or certificate to practice psychology issued to him
41-30 by another state or territory of the United States, the District of
41-31 Columbia or a foreign country.
41-32 10. Violated or attempted to violate, directly or indirectly, or
41-33 assisted in or abetted the violation of or conspired to violate a
41-34 provision of this chapter.
41-35 11. Performed or attempted to perform any professional service
41-36 while impaired by alcohol, drugs or by a mental or physical illness,
41-37 disorder or disease.
41-38 12. Engaged in sexual activity with a patient.
41-39 13. Been convicted of abuse or fraud in connection with any
41-40 state or federal program which provides medical assistance.
41-41 14. Been convicted of submitting a false claim for payment to
41-42 the insurer of a patient.
41-43 Sec. 45. NRS 641A.310 is hereby amended to read as follows:
41-44 641A.310 The Board may refuse to grant a license or may
41-45 suspend or revoke a license for any of the following reasons:
42-1 1. Conviction of a felony[,] relating to the practice of
42-2 marriage and family therapy or of any offense involving moral
42-3 turpitude, the record of conviction being conclusive evidence
42-4 thereof.
42-5 2. Habitual drunkenness or addiction to the use of a controlled
42-6 substance.
42-7 3. Impersonating a licensed marriage and family therapist or
42-8 allowing another person to use his license.
42-9 4. Using fraud or deception in applying for a license or in
42-10 passing the examination provided for in this chapter.
42-11 5. Rendering or offering to render services outside the area of
42-12 his training, experience or competence.
42-13 6. Committing unethical practices contrary to the interest of the
42-14 public as determined by the Board.
42-15 7. Unprofessional conduct as determined by the Board.
42-16 8. Negligence, fraud or deception in connection with services
42-17 he is licensed to provide pursuant to this chapter.
42-18 Sec. 46. NRS 641B.400 is hereby amended to read as follows:
42-19 641B.400 The grounds for initiating disciplinary action
42-20 pursuant to this chapter are:
42-21 1. Unprofessional conduct;
42-22 2. Conviction of:
42-23 (a) A felony[;] relating to the practice of social work;
42-24 (b) Any offense involving moral turpitude; or
42-25 (c) A violation of any federal or state law regulating the
42-26 possession, distribution or use of any controlled substance or
42-27 dangerous drug as defined in chapter 454 of NRS;
42-28 3. Use of fraud or deception in:
42-29 (a) Applying for a license;
42-30 (b) Undergoing the initial licensing examination; or
42-31 (c) Rendering services as a social worker;
42-32 4. Allowing unauthorized use of a license issued pursuant to
42-33 this chapter;
42-34 5. Professional incompetence;
42-35 6. Practicing social work without a license; and
42-36 7. The habitual use of alcohol or any controlled substance
42-37 which impairs the ability to practice social work.
42-38 Sec. 47. NRS 641C.700 is hereby amended to read as follows:
42-39 641C.700 The grounds for initiating disciplinary action
42-40 pursuant to the provisions of this chapter include:
42-41 1. Conviction of:
42-42 (a) A felony[;] relating to the practice of counseling alcohol
42-43 and drug abusers;
42-44 (b) An offense involving moral turpitude; or
43-1 (c) A violation of a federal or state law regulating the
43-2 possession, distribution or use of a controlled substance or
43-3 dangerous drug as defined in chapter 453 of NRS;
43-4 2. Fraud or deception in:
43-5 (a) Applying for a license or certificate;
43-6 (b) Taking an examination for a license or certificate;
43-7 (c) Documenting the continuing education required to renew or
43-8 reinstate a license or certificate;
43-9 (d) Submitting a claim for payment to an insurer; or
43-10 (e) The practice of counseling alcohol and drug abusers;
43-11 3. Allowing the unauthorized use of a license or certificate
43-12 issued pursuant to this chapter;
43-13 4. Professional incompetence;
43-14 5. The habitual use of alcohol or any other drug that impairs
43-15 the ability of a licensed or certified counselor or certified intern to
43-16 engage in the practice of counseling alcohol and drug abusers;
43-17 6. Engaging in the practice of counseling alcohol and drug
43-18 abusers with an expired, suspended or revoked license or certificate;
43-19 and
43-20 7. Engaging in behavior that is contrary to the ethical standards
43-21 as set forth in the regulations of the Board.
43-22 Sec. 48. NRS 642.130 is hereby amended to read as follows:
43-23 642.130 The following acts are grounds for which the Board
43-24 may take disciplinary action against a person who is licensed to
43-25 practice the profession of embalming pursuant to this chapter or
43-26 refuse to issue such a license to an applicant therefor:
43-27 1. Gross incompetency.
43-28 2. Unprofessional, unethical or dishonest conduct.
43-29 3. Habitual intemperance.
43-30 4. Fraud or misrepresentation in obtaining or attempting to
43-31 obtain a license to practice the profession of embalming.
43-32 5. Employment by the licensee of persons commonly known as
43-33 “cappers,” “steerers” or “solicitors,” or of other persons to obtain
43-34 funeral directing or embalming business.
43-35 6. Malpractice.
43-36 7. Gross immorality.
43-37 8. The unlawful use of any controlled substance.
43-38 9. Conviction of a felony[.] relating to the practice of
43-39 embalming.
43-40 10. False or misleading advertising as defined in NRS 642.490,
43-41 or false or misleading statements in the sale of merchandise or
43-42 services.
43-43 11. Refusal to surrender promptly the custody of a dead human
43-44 body upon the request of a person who is legally entitled to custody
43-45 of the body.
44-1 12. Violation by the licensee of any provision of this chapter,
44-2 any regulation adopted pursuant thereto or any other law of this state
44-3 relating to the practice of any of the professions regulated by the
44-4 Board.
44-5 13. The theft or misappropriation of money in a trust fund
44-6 established and maintained pursuant to chapter 689 of NRS.
44-7 Sec. 49. NRS 642.470 is hereby amended to read as follows:
44-8 642.470 The following acts are grounds for which the Board
44-9 may take disciplinary action against a person who holds a funeral
44-10 director’s license, a permit to operate a funeral establishment or a
44-11 license to conduct direct cremations or immediate burials, or refuse
44-12 to issue such a license or permit to an applicant therefor:
44-13 1. Conviction of a crime involving moral turpitude.
44-14 2. Unprofessional conduct.
44-15 3. False or misleading advertising.
44-16 4. Conviction of a felony[.] relating to the practice of funeral
44-17 directors.
44-18 5. Conviction of a misdemeanor that is related directly to the
44-19 business of a funeral establishment.
44-20 Sec. 50. NRS 643.185 is hereby amended to read as follows:
44-21 643.185 1. The following are grounds for disciplinary action
44-22 by the Board:
44-23 (a) Violation by any person licensed pursuant to the provisions
44-24 of this chapter of any provision of this chapter or the regulations
44-25 adopted by the Board.
44-26 (b) Conviction of a felony[.] relating to the practice of barbers.
44-27 (c) Malpractice or incompetency.
44-28 (d) Continued practice by a person knowingly having an
44-29 infectious or contagious disease.
44-30 (e) Advertising, practicing or attempting to practice under
44-31 another’s name or trade name.
44-32 (f) Drunkenness or addiction to a controlled substance.
44-33 2. If the Board determines that a violation of this section has
44-34 occurred, it may:
44-35 (a) Refuse to issue or renew a license;
44-36 (b) Revoke or suspend a license;
44-37 (c) Impose a fine of not more than $1,000; and
44-38 (d) Require the person to pay all costs incurred by the Board
44-39 relating to the discipline of the person.
44-40 Sec. 51. NRS 645.633 is hereby amended to read as follows:
44-41 645.633 1. The Commission may take action pursuant to
44-42 NRS 645.630 against any person subject to that section who is
44-43 guilty of:
45-1 (a) Willfully using any trade name, service mark or insigne of
45-2 membership in any real estate organization of which the licensee is
45-3 not a member, without the legal right to do so.
45-4 (b) Violating any order of the Commission, any agreement with
45-5 the Division, any of the provisions of this chapter, chapter 116, 119,
45-6 119A, 119B, 645A or 645C of NRS or any regulation adopted
45-7 thereunder.
45-8 (c) Paying a commission, compensation or a finder’s fee to any
45-9 person for performing the services of a broker, broker-salesman or
45-10 salesman who has not secured his license pursuant to this chapter.
45-11 This subsection does not apply to payments to a broker who is
45-12 licensed in his state of residence.
45-13 (d) [A felony, or has] Has been convicted of, or entered a plea
45-14 of guilty, guilty but mentally ill or nolo contendere to [a charge of] :
45-15 (1) A felony relating to the practice of the licensee, property
45-16 manager or owner-developer; or [any]
45-17 (2) Any crime involving fraud, deceit, misrepresentation or
45-18 moral turpitude.
45-19 (e) Guaranteeing, or having authorized or permitted any person
45-20 to guarantee, future profits which may result from the resale of real
45-21 property.
45-22 (f) Failure to include a fixed date of expiration in any written
45-23 brokerage agreement or to leave a copy of the brokerage agreement
45-24 with the client.
45-25 (g) Accepting, giving or charging any undisclosed commission,
45-26 rebate or direct profit on expenditures made for a client.
45-27 (h) Gross negligence or incompetence in performing any act for
45-28 which he is required to hold a license pursuant to this chapter,
45-29 chapter 119, 119A or 119B of NRS.
45-30 (i) Any other conduct which constitutes deceitful, fraudulent or
45-31 dishonest dealing.
45-32 (j) Any conduct which took place before he became licensed,
45-33 which was in fact unknown to the Division and which would have
45-34 been grounds for denial of a license had the Division been aware of
45-35 the conduct.
45-36 (k) Knowingly permitting any person whose license has been
45-37 revoked or suspended to act as a real estate broker, broker-salesman
45-38 or salesman, with or on behalf of the licensee.
45-39 (l) Recording or causing to be recorded a claim pursuant to the
45-40 provisions of NRS 645.8701 to 645.8811, inclusive, that is
45-41 determined by a district court to be frivolous and made without
45-42 reasonable cause pursuant to NRS 645.8791.
45-43 2. The Commission may take action pursuant to NRS 645.630
45-44 against a person who is subject to that section for the suspension or
46-1 revocation of a real estate broker’s, broker-salesman’s or salesman’s
46-2 license issued to him by any other jurisdiction.
46-3 3. The Commission may take action pursuant to NRS 645.630
46-4 against any person who:
46-5 (a) Holds a permit to engage in property management issued
46-6 pursuant to NRS 645.6052; and
46-7 (b) In connection with any property for which the person has
46-8 obtained a written brokerage agreement to manage the property
46-9 pursuant to NRS 645.6056:
46-10 (1) Is convicted of violating any of the provisions of
46-11 NRS 202.470;
46-12 (2) Has been notified in writing by the appropriate
46-13 governmental agency of a potential violation of NRS 244.360,
46-14 244.3603 or 268.4124, and has failed to inform the owner of the
46-15 property of such notification; or
46-16 (3) Has been directed in writing by the owner of the property
46-17 to correct a potential violation of NRS 244.360, 244.3603 or
46-18 268.4124, and has failed to correct the potential violation, if such
46-19 corrective action is within the scope of the person’s duties pursuant
46-20 to the written brokerage agreement.
46-21 4. The Division shall maintain a log of any complaints that it
46-22 receives relating to activities for which the Commission may take
46-23 action against a person holding a permit to engage in property
46-24 management pursuant to subsection 3.
46-25 5. On or before February 1 of each odd-numbered year, the
46-26 Division shall submit to the Director of the Legislative Counsel
46-27 Bureau a written report setting forth, for the previous biennium:
46-28 (a) Any complaints included in the log maintained by the
46-29 Division pursuant to subsection 4; and
46-30 (b) Any disciplinary actions taken by the Commission pursuant
46-31 to subsection 3.
46-32 Sec. 52. NRS 645A.090 is hereby amended to read as follows:
46-33 645A.090 1. The Commissioner may refuse to license any
46-34 escrow agent or agency or may suspend or revoke any license or
46-35 impose a fine of not more than $500 for each violation by entering
46-36 an order to that effect, with his findings in respect thereto, if upon a
46-37 hearing, it is determined that the applicant or licensee:
46-38 (a) In the case of an escrow agency, is insolvent;
46-39 (b) Has violated any provision of this chapter or any regulation
46-40 adopted pursuant thereto or has aided and abetted another to do so;
46-41 (c) In the case of an escrow agency, is in such a financial
46-42 condition that he cannot continue in business with safety to his
46-43 customers;
46-44 (d) Has committed fraud in connection with any transaction
46-45 governed by this chapter;
47-1 (e) Has intentionally or knowingly made any misrepresentation
47-2 or false statement to, or concealed any essential or material fact
47-3 from, any principal or designated agent of a principal in the course
47-4 of the escrow business;
47-5 (f) Has intentionally or knowingly made or caused to be made to
47-6 the Commissioner any false representation of a material fact or has
47-7 suppressed or withheld from the Commissioner any information
47-8 which the applicant or licensee possesses;
47-9 (g) Has failed without reasonable cause to furnish to the parties
47-10 of an escrow their respective statements of the settlement within a
47-11 reasonable time after the close of escrow;
47-12 (h) Has failed without reasonable cause to deliver, within a
47-13 reasonable time after the close of escrow, to the respective parties of
47-14 an escrow transaction any money, documents or other properties
47-15 held in escrow in violation of the provisions of the escrow
47-16 instructions;
47-17 (i) Has refused to permit an examination by the Commissioner
47-18 of his books and affairs or has refused or failed, within a reasonable
47-19 time, to furnish any information or make any report that may be
47-20 required by the Commissioner pursuant to the provisions of this
47-21 chapter;
47-22 (j) Has been convicted of a felony relating to the practice of
47-23 escrow agents or agencies or any misdemeanor of which an
47-24 essential element is fraud;
47-25 (k) In the case of an escrow agency, has failed to maintain
47-26 complete and accurate records of all transactions within the last 6
47-27 years;
47-28 (l) Has commingled the money of others with his own or
47-29 converted the money of others to his own use;
47-30 (m) Has failed, before the close of escrow, to obtain written
47-31 escrow instructions concerning any essential or material fact or
47-32 intentionally failed to follow the written instructions which have
47-33 been agreed upon by the parties and accepted by the holder of the
47-34 escrow;
47-35 (n) Has failed to disclose in writing that he is acting in the dual
47-36 capacity of escrow agent or agency and undisclosed principal in any
47-37 transaction; or
47-38 (o) In the case of an escrow agency, has:
47-39 (1) Failed to maintain adequate supervision of an escrow
47-40 agent; or
47-41 (2) Instructed an escrow agent to commit an act which would
47-42 be cause for the revocation of the escrow agent’s license and the
47-43 escrow agent committed the act. An escrow agent is not subject to
47-44 disciplinary action for committing such an act under instruction by
47-45 the escrow agency.
48-1 2. It is sufficient cause for the imposition of a fine or the
48-2 refusal, suspension or revocation of the license of a partnership,
48-3 corporation or any other association that any member of the
48-4 partnership or any officer or director of the corporation or
48-5 association has been guilty of any act or omission which would be
48-6 cause for such action had the applicant or licensee been a natural
48-7 person.
48-8 3. The Commissioner may suspend any license for not more
48-9 than 30 days, pending a hearing, if upon examination into the affairs
48-10 of the licensee it is determined that any of the grounds enumerated
48-11 in subsection 1 or 2 exist.
48-12 4. The Commissioner may refuse to issue a license to any
48-13 person who, within 10 years before the date of applying for a current
48-14 license, has had suspended or revoked a license issued pursuant to
48-15 this chapter or a comparable license issued by any other state,
48-16 district or territory of the United States or any foreign country.
48-17 Sec. 53. NRS 645B.020 is hereby amended to read as follows:
48-18 645B.020 1. A person who wishes to be licensed as a
48-19 mortgage broker must file a written application for a license with the
48-20 office of the Commissioner and pay the fee required pursuant to
48-21 NRS 645B.050. An application for a license as a mortgage broker
48-22 must:
48-23 (a) Be verified.
48-24 (b) State the name, residence address and business address of
48-25 the applicant and the location of each principal office and branch
48-26 office at which the mortgage broker will conduct business within
48-27 this state.
48-28 (c) State the name under which the applicant will conduct
48-29 business as a mortgage broker.
48-30 (d) List the name, residence address and business address of
48-31 each person who will:
48-32 (1) If the applicant is not a natural person, have an interest in
48-33 the mortgage broker as a principal, partner, officer, director or
48-34 trustee, specifying the capacity and title of each such person.
48-35 (2) Be associated with or employed by the mortgage broker
48-36 as a mortgage agent.
48-37 (e) If the applicant is a natural person, include the social security
48-38 number of the applicant.
48-39 (f) Include a general business plan and a description of the
48-40 policies and procedures that the mortgage broker and his mortgage
48-41 agents will follow to arrange and service loans and to conduct
48-42 business pursuant to this chapter.
48-43 (g) State the length of time the applicant has been engaged in the
48-44 business of a broker.
49-1 (h) Include a financial statement of the applicant and, if
49-2 applicable, satisfactory proof that the applicant will be able to
49-3 maintain continuously the net worth required pursuant to
49-4 NRS 645B.115.
49-5 (i) Include any other information required pursuant to the
49-6 regulations adopted by the Commissioner or an order of the
49-7 Commissioner.
49-8 2. If a mortgage broker will conduct business at one or more
49-9 branch offices within this state, the mortgage broker must apply for
49-10 a license for each such branch office.
49-11 3. Except as otherwise provided in this chapter, the
49-12 Commissioner shall issue a license to an applicant as a mortgage
49-13 broker if:
49-14 (a) The application complies with the requirements of this
49-15 chapter;
49-16 (b) The applicant submits the statement required pursuant to
49-17 NRS 645B.023, if the applicant is required to do so; and
49-18 (c) The applicant and each general partner, officer or director of
49-19 the applicant, if the applicant is a partnership, corporation or
49-20 unincorporated association:
49-21 (1) Has a good reputation for honesty, trustworthiness and
49-22 integrity and displays competence to transact the business of a
49-23 mortgage broker in a manner which safeguards the interests of the
49-24 general public. The applicant must submit satisfactory proof of these
49-25 qualifications to the Commissioner.
49-26 (2) Has not been convicted of, or entered a plea of nolo
49-27 contendere to, a felony relating to the practice of mortgage brokers
49-28 or any crime involving fraud, misrepresentation or moral turpitude.
49-29 (3) Has not made a false statement of material fact on his
49-30 application.
49-31 (4) Has not had a license that was issued pursuant to the
49-32 provisions of this chapter or chapter 645E of NRS suspended or
49-33 revoked within the 10 years immediately preceding the date of his
49-34 application.
49-35 (5) Has not had a license that was issued in any other state,
49-36 district or territory of the United States or any foreign country
49-37 suspended or revoked within the 10 years immediately preceding the
49-38 date of his application.
49-39 (6) Has not violated any provision of this chapter or chapter
49-40 645E of NRS, a regulation adopted pursuant thereto or an order of
49-41 the Commissioner.
49-42 Sec. 54. NRS 645B.020 is hereby amended to read as follows:
49-43 645B.020 1. A person who wishes to be licensed as a
49-44 mortgage broker must file a written application for a license with the
49-45 office of the Commissioner and pay the fee required pursuant to
50-1 NRS 645B.050. An application for a license as a mortgage broker
50-2 must:
50-3 (a) Be verified.
50-4 (b) State the name, residence address and business address of
50-5 the applicant and the location of each principal office and branch
50-6 office at which the mortgage broker will conduct business within
50-7 this state.
50-8 (c) State the name under which the applicant will conduct
50-9 business as a mortgage broker.
50-10 (d) List the name, residence address and business address of
50-11 each person who will:
50-12 (1) If the applicant is not a natural person, have an interest in
50-13 the mortgage broker as a principal, partner, officer, director or
50-14 trustee, specifying the capacity and title of each such person.
50-15 (2) Be associated with or employed by the mortgage broker
50-16 as a mortgage agent.
50-17 (e) Include a general business plan and a description of the
50-18 policies and procedures that the mortgage broker and his mortgage
50-19 agents will follow to arrange and service loans and to conduct
50-20 business pursuant to this chapter.
50-21 (f) State the length of time the applicant has been engaged in the
50-22 business of a mortgage broker.
50-23 (g) Include a financial statement of the applicant and, if
50-24 applicable, satisfactory proof that the applicant will be able to
50-25 maintain continuously the net worth required pursuant to
50-26 NRS 645B.115.
50-27 (h) Include any other information required pursuant to the
50-28 regulations adopted by the Commissioner or an order of the
50-29 Commissioner.
50-30 2. If a mortgage broker will conduct business at one or more
50-31 branch offices within this state, the mortgage broker must apply for
50-32 a license for each such branch office.
50-33 3. Except as otherwise provided in this chapter, the
50-34 Commissioner shall issue a license to an applicant as a mortgage
50-35 broker if:
50-36 (a) The application complies with the requirements of this
50-37 chapter; and
50-38 (b) The applicant and each general partner, officer or director of
50-39 the applicant, if the applicant is a partnership, corporation or
50-40 unincorporated association:
50-41 (1) Has a good reputation for honesty, trustworthiness and
50-42 integrity and displays competence to transact the business of a
50-43 mortgage broker in a manner which safeguards the interests of the
50-44 general public. The applicant must submit satisfactory proof of these
50-45 qualifications to the Commissioner.
51-1 (2) Has not been convicted of, or entered a plea of nolo
51-2 contendere to, a felony relating to the practice of mortgage brokers
51-3 or any crime involving fraud, misrepresentation or moral turpitude.
51-4 (3) Has not made a false statement of material fact on his
51-5 application.
51-6 (4) Has not had a license that was issued pursuant to the
51-7 provisions of this chapter or chapter 645E of NRS suspended or
51-8 revoked within the 10 years immediately preceding the date of his
51-9 application.
51-10 (5) Has not had a license that was issued in any other state,
51-11 district or territory of the United States or any foreign country
51-12 suspended or revoked within the 10 years immediately preceding the
51-13 date of his application.
51-14 (6) Has not violated any provision of this chapter or chapter
51-15 645E of NRS, a regulation adopted pursuant thereto or an order of
51-16 the Commissioner.
51-17 Sec. 55. NRS 645B.0243 is hereby amended to read as
51-18 follows:
51-19 645B.0243 The Commissioner may refuse to issue a license to
51-20 an applicant if the Commissioner has reasonable cause to believe
51-21 that the applicant or any general partner, officer or director of the
51-22 applicant has, after October 1, 1999, employed or proposed to
51-23 employ a person as a mortgage agent or authorized or proposed to
51-24 authorize a person to be associated with a mortgage broker as a
51-25 mortgage agent at a time when the applicant or the general partner,
51-26 officer or director knew or, in light of all the surrounding facts and
51-27 circumstances, reasonably should have known that the person:
51-28 1. Had been convicted of, or entered a plea of nolo contendere
51-29 to[, a] :
51-30 (a) A felony relating to the practice of mortgage brokers; or
51-31 [any]
51-32 (b) Any crime involving fraud, misrepresentation or moral
51-33 turpitude; or
51-34 2. Had a financial services license or registration suspended or
51-35 revoked within the immediately preceding 10 years.
51-36 Sec. 56. NRS 645B.450 is hereby amended to read as follows:
51-37 645B.450 1. A person shall not act as or provide any of the
51-38 services of a mortgage agent or otherwise engage in, carry on or
51-39 hold himself out as engaging in or carrying on the activities of a
51-40 mortgage agent if the person:
51-41 (a) Has been convicted of, or entered a plea of nolo contendere
51-42 to[, a] :
51-43 (1) A felony relating to the practice of mortgage agents; or
51-44 [any]
52-1 (2) Any crime involving fraud, misrepresentation or moral
52-2 turpitude; or
52-3 (b) Has had a financial services license or registration suspended
52-4 or revoked within the immediately preceding 10 years.
52-5 2. A mortgage agent may not be associated with or employed
52-6 by more than one mortgage broker at the same time.
52-7 3. A mortgage broker shall register with the Division each
52-8 person who will be associated with or employed by the mortgage
52-9 broker as a mortgage agent. A mortgage broker shall register each
52-10 such person with the Division when the person begins his
52-11 association or employment with the mortgage broker and annually
52-12 thereafter. A registration expires 12 months after its effective date.
52-13 4. To register a person as a mortgage agent, a mortgage broker
52-14 must:
52-15 (a) Submit to the Division a registration form which is provided
52-16 by the Division and which:
52-17 (1) States the name, residence address and business address
52-18 of the person;
52-19 (2) Is signed by the person;
52-20 (3) Includes a provision by which the person gives his
52-21 written consent to an investigation of his credit history, criminal
52-22 history and background; and
52-23 (4) Includes any other information or supporting materials
52-24 required by the regulations adopted by the Commissioner. Such
52-25 information or supporting materials may include, without limitation,
52-26 a complete set of fingerprints from the person, the social security
52-27 number of the person and other forms of identification of the person.
52-28 (b) For each initial registration, pay the actual costs and
52-29 expenses incurred by the Division to investigate the credit history,
52-30 criminal history and background of the person. All money received
52-31 pursuant to this paragraph must be placed in the Investigative
52-32 Account for Financial Institutions created by NRS 232.545.
52-33 (c) For each annual registration, submit to the Division
52-34 satisfactory proof that the person attended at least 5 hours of
52-35 certified courses of continuing education during the 12 months
52-36 immediately preceding the date on which the registration expires.
52-37 5. Not later than the date on which the mortgage broker
52-38 submits the information for annual registration required by
52-39 subsection 4, the person being registered shall pay an annual
52-40 registration fee of $125. If the person does not pay the annual
52-41 registration fee, the person shall be deemed to be unregistered for
52-42 the purposes of this chapter.
52-43 6. A mortgage broker shall not employ a person as a mortgage
52-44 agent or authorize a person to be associated with the mortgage
53-1 broker as a mortgage agent if the mortgage broker has not registered
53-2 the person with the Division pursuant to this section or if the person:
53-3 (a) Has been convicted of, or entered a plea of nolo contendere
53-4 to, a felony relating to the practice of mortgage agents or any
53-5 crime involving fraud, misrepresentation or moral turpitude; or
53-6 (b) Has had a financial services license or registration suspended
53-7 or revoked within the immediately preceding 10 years.
53-8 7. If a mortgage agent terminates his association or
53-9 employment with a mortgage broker for any reason, the mortgage
53-10 broker shall, not later than the third business day following the date
53-11 of termination:
53-12 (a) Deliver to the mortgage agent or send by certified mail to the
53-13 last known residence address of the mortgage agent a written
53-14 statement which advises him that his termination is being reported
53-15 to the Division; and
53-16 (b) Deliver or send by certified mail to the Division:
53-17 (1) A written statement of the circumstances surrounding the
53-18 termination; and
53-19 (2) A copy of the written statement that the mortgage broker
53-20 delivers or mails to the mortgage agent pursuant to paragraph (a).
53-21 8. As used in this section, “certified course of continuing
53-22 education” has the meaning ascribed to it in NRS 645B.051.
53-23 Sec. 57. NRS 645B.670 is hereby amended to read as follows:
53-24 645B.670 Except as otherwise provided in NRS 645B.690:
53-25 1. For each violation committed by an applicant, whether or
53-26 not he is issued a license, the Commissioner may impose upon the
53-27 applicant an administrative fine of not more than $10,000, if the
53-28 applicant:
53-29 (a) Has knowingly made or caused to be made to the
53-30 Commissioner any false representation of material fact;
53-31 (b) Has suppressed or withheld from the Commissioner any
53-32 information which the applicant possesses and which, if submitted
53-33 by him, would have rendered the applicant ineligible to be licensed
53-34 pursuant to the provisions of this chapter; or
53-35 (c) Has violated any provision of this chapter, a regulation
53-36 adopted pursuant to this chapter or an order of the Commissioner in
53-37 completing and filing his application for a license or during the
53-38 course of the investigation of his application for a license.
53-39 2. For each violation committed by a licensee, the
53-40 Commissioner may impose upon the licensee an administrative fine
53-41 of not more than $10,000, may suspend, revoke or place conditions
53-42 upon his license, or may do both, if the licensee, whether or not
53-43 acting as such:
53-44 (a) Is insolvent;
54-1 (b) Is grossly negligent or incompetent in performing any act for
54-2 which he is required to be licensed pursuant to the provisions of this
54-3 chapter;
54-4 (c) Does not conduct his business in accordance with law or has
54-5 violated any provision of this chapter, a regulation adopted pursuant
54-6 to this chapter or an order of the Commissioner;
54-7 (d) Is in such financial condition that he cannot continue in
54-8 business with safety to his customers;
54-9 (e) Has made a material misrepresentation in connection with
54-10 any transaction governed by this chapter;
54-11 (f) Has suppressed or withheld from a client any material facts,
54-12 data or other information relating to any transaction governed by the
54-13 provisions of this chapter which the licensee knew or, by the
54-14 exercise of reasonable diligence, should have known;
54-15 (g) Has knowingly made or caused to be made to the
54-16 Commissioner any false representation of material fact or has
54-17 suppressed or withheld from the Commissioner any information
54-18 which the licensee possesses and which, if submitted by him, would
54-19 have rendered the licensee ineligible to be licensed pursuant to the
54-20 provisions of this chapter;
54-21 (h) Has failed to account to persons interested for all money
54-22 received for a trust account;
54-23 (i) Has refused to permit an examination by the Commissioner
54-24 of his books and affairs or has refused or failed, within a reasonable
54-25 time, to furnish any information or make any report that may be
54-26 required by the Commissioner pursuant to the provisions of this
54-27 chapter or a regulation adopted pursuant to this chapter;
54-28 (j) Has been convicted of, or entered a plea of nolo contendere
54-29 to, a felony relating to the practice of mortgage brokers or any
54-30 crime involving fraud, misrepresentation or moral turpitude;
54-31 (k) Has refused or failed to pay, within a reasonable time, any
54-32 fees, assessments, costs or expenses that the licensee is required to
54-33 pay pursuant to this chapter or a regulation adopted pursuant to this
54-34 chapter;
54-35 (l) Has failed to satisfy a claim made by a client which has been
54-36 reduced to judgment;
54-37 (m) Has failed to account for or to remit any money of a client
54-38 within a reasonable time after a request for an accounting or
54-39 remittal;
54-40 (n) Has commingled the money or other property of a client
54-41 with his own or has converted the money or property of others to his
54-42 own use;
54-43 (o) Has engaged in any other conduct constituting a deceitful,
54-44 fraudulent or dishonest business practice;
55-1 (p) Has repeatedly violated the policies and procedures of the
55-2 mortgage broker;
55-3 (q) Has failed to exercise reasonable supervision over the
55-4 activities of a mortgage agent as required by NRS 645B.460;
55-5 (r) Has instructed a mortgage agent to commit an act that would
55-6 be cause for the revocation of the license of the mortgage broker,
55-7 whether or not the mortgage agent commits the act;
55-8 (s) Has employed a person as a mortgage agent or authorized a
55-9 person to be associated with the licensee as a mortgage agent at a
55-10 time when the licensee knew or, in light of all the surrounding facts
55-11 and circumstances, reasonably should have known that the person:
55-12 (1) Had been convicted of, or entered a plea of nolo
55-13 contendere to, a felony relating to the practice of mortgage agents
55-14 or any crime involving fraud, misrepresentation or moral turpitude;
55-15 or
55-16 (2) Had a financial services license or registration suspended
55-17 or revoked within the immediately preceding 10 years; or
55-18 (t) Has not conducted verifiable business as a mortgage broker
55-19 for 12 consecutive months, except in the case of a new applicant.
55-20 The Commissioner shall determine whether a mortgage broker is
55-21 conducting business by examining the monthly reports of activity
55-22 submitted by the licensee or by conducting an examination of the
55-23 licensee.
55-24 Sec. 58. NRS 645C.460 is hereby amended to read as follows:
55-25 645C.460 1. Grounds for disciplinary action against a
55-26 certified or licensed appraiser or registered intern include:
55-27 (a) Unprofessional conduct;
55-28 (b) Professional incompetence;
55-29 (c) A criminal conviction for a felony relating to the practice of
55-30 appraisers or any offense involving moral turpitude; and
55-31 (d) The suspension or revocation of a registration card,
55-32 certificate, license or permit to act as an appraiser in any other
55-33 jurisdiction.
55-34 2. If grounds for disciplinary action against an appraiser or
55-35 intern exist, the Commission may do one or more of the following:
55-36 (a) Revoke or suspend his certificate, license or registration
55-37 card.
55-38 (b) Place conditions upon his certificate, license or registration
55-39 card, or upon the reissuance of a certificate, license or registration
55-40 card revoked pursuant to this section.
55-41 (c) Deny the renewal of his certificate, license or registration
55-42 card.
55-43 (d) Impose a fine of not more than $1,000 for each violation.
55-44 3. If a certificate, license or registration card is revoked by the
55-45 Commission, another certificate, license or registration card must
56-1 not be issued to the same appraiser or intern for at least 1 year after
56-2 the date of the revocation, or at any time thereafter except in the sole
56-3 discretion of the Administrator, and then only if the appraiser or
56-4 intern satisfies all the requirements for an original certificate, license
56-5 or registration card.
56-6 4. If discipline is imposed pursuant to this section, the costs of
56-7 the proceeding, including investigative costs and attorney’s fees,
56-8 may be recovered by the Commission.
56-9 Sec. 59. NRS 645E.200 is hereby amended to read as follows:
56-10 645E.200 1. A person who wishes to be licensed as a
56-11 mortgage company must file a written application for a license with
56-12 the Office of the Commissioner and pay the fee required pursuant to
56-13 NRS 645E.280. An application for a license as a mortgage company
56-14 must:
56-15 (a) Be verified.
56-16 (b) State the name, residence address and business address of
56-17 the applicant and the location of each principal office and branch
56-18 office at which the mortgage company will conduct business in this
56-19 state, including, without limitation, any office or other place of
56-20 business located outside this state from which the mortgage
56-21 company will conduct business in this state.
56-22 (c) State the name under which the applicant will conduct
56-23 business as a mortgage company.
56-24 (d) If the applicant is not a natural person, list the name,
56-25 residence address and business address of each person who will
56-26 have an interest in the mortgage company as a principal, partner,
56-27 officer, director or trustee, specifying the capacity and title of each
56-28 such person.
56-29 (e) Indicate the general plan and character of the business.
56-30 (f) State the length of time the applicant has been engaged in the
56-31 business of a mortgage company.
56-32 (g) Include a financial statement of the applicant.
56-33 (h) Include any other information required pursuant to the
56-34 regulations adopted by the Commissioner or an order of the
56-35 Commissioner.
56-36 2. If a mortgage company will conduct business in this state at
56-37 one or more branch offices, the mortgage company must apply for a
56-38 license for each such branch office.
56-39 3. Except as otherwise provided in this chapter, the
56-40 Commissioner shall issue a license to an applicant as a mortgage
56-41 company if:
56-42 (a) The application complies with the requirements of this
56-43 chapter; and
57-1 (b) The applicant and each general partner, officer or director of
57-2 the applicant, if the applicant is a partnership, corporation or
57-3 unincorporated association:
57-4 (1) Has a good reputation for honesty, trustworthiness and
57-5 integrity and displays competence to transact the business of a
57-6 mortgage company in a manner which safeguards the interests of the
57-7 general public. The applicant must submit satisfactory proof of these
57-8 qualifications to the Commissioner.
57-9 (2) Has not been convicted of, or entered a plea of nolo
57-10 contendere to, a felony relating to the practice of mortgage
57-11 companies or any crime involving fraud, misrepresentation or moral
57-12 turpitude.
57-13 (3) Has not made a false statement of material fact on his
57-14 application.
57-15 (4) Has not had a license that was issued pursuant to the
57-16 provisions of this chapter or chapter 645B of NRS suspended or
57-17 revoked within the 10 years immediately preceding the date of his
57-18 application.
57-19 (5) Has not had a license that was issued in any other state,
57-20 district or territory of the United States or any foreign country
57-21 suspended or revoked within the 10 years immediately preceding the
57-22 date of his application.
57-23 (6) Has not violated any provision of this chapter or chapter
57-24 645B of NRS, a regulation adopted pursuant thereto or an order of
57-25 the Commissioner.
57-26 4. If an applicant is a partnership, corporation or
57-27 unincorporated association, the Commissioner may refuse to issue a
57-28 license to the applicant if any member of the partnership or any
57-29 officer or director of the corporation or unincorporated association
57-30 has committed any act or omission that would be cause for refusing
57-31 to issue a license to a natural person.
57-32 5. A person may apply for a license for an office or other place
57-33 of business located outside this state from which the applicant will
57-34 conduct business in this state if the applicant or a subsidiary or
57-35 affiliate of the applicant has a license issued pursuant to this chapter
57-36 for an office or other place of business located in this state and if the
57-37 applicant submits with the application for a license a statement
57-38 signed by the applicant which states that the applicant agrees to:
57-39 (a) Make available at a location within this state the books,
57-40 accounts, papers, records and files of the office or place of business
57-41 located outside this state to the Commissioner or a representative of
57-42 the Commissioner; or
57-43 (b) Pay the reasonable expenses for travel, meals and lodging of
57-44 the Commissioner or a representative of the Commissioner incurred
58-1 during any investigation or examination made at the office or place
58-2 of business located outside this state.
58-3 The applicant must be allowed to choose between paragraph (a) or
58-4 (b) in complying with the provisions of this subsection.
58-5 Sec. 60. NRS 645E.670 is hereby amended to read as follows:
58-6 645E.670 1. For each violation committed by an applicant,
58-7 whether or not he is issued a license, the Commissioner may impose
58-8 upon the applicant an administrative fine of not more than $10,000,
58-9 if the applicant:
58-10 (a) Has knowingly made or caused to be made to the
58-11 Commissioner any false representation of material fact;
58-12 (b) Has suppressed or withheld from the Commissioner any
58-13 information which the applicant possesses and which, if submitted
58-14 by him, would have rendered the applicant ineligible to be licensed
58-15 pursuant to the provisions of this chapter; or
58-16 (c) Has violated any provision of this chapter, a regulation
58-17 adopted pursuant to this chapter or an order of the Commissioner in
58-18 completing and filing his application for a license or during the
58-19 course of the investigation of his application for a license.
58-20 2. For each violation committed by a licensee, the
58-21 Commissioner may impose upon the licensee an administrative fine
58-22 of not more than $10,000, may suspend, revoke or place conditions
58-23 upon his license, or may do both, if the licensee, whether or not
58-24 acting as such:
58-25 (a) Is insolvent;
58-26 (b) Is grossly negligent or incompetent in performing any act for
58-27 which he is required to be licensed pursuant to the provisions of this
58-28 chapter;
58-29 (c) Does not conduct his business in accordance with law or has
58-30 violated any provision of this chapter, a regulation adopted pursuant
58-31 to this chapter or an order of the Commissioner;
58-32 (d) Is in such financial condition that he cannot continue in
58-33 business with safety to his customers;
58-34 (e) Has made a material misrepresentation in connection with
58-35 any transaction governed by this chapter;
58-36 (f) Has suppressed or withheld from a client any material facts,
58-37 data or other information relating to any transaction governed by the
58-38 provisions of this chapter which the licensee knew or, by the
58-39 exercise of reasonable diligence, should have known;
58-40 (g) Has knowingly made or caused to be made to the
58-41 Commissioner any false representation of material fact or has
58-42 suppressed or withheld from the Commissioner any information
58-43 which the licensee possesses and which, if submitted by him, would
58-44 have rendered the licensee ineligible to be licensed pursuant to the
58-45 provisions of this chapter;
59-1 (h) Has failed to account to persons interested for all money
59-2 received for a trust account;
59-3 (i) Has refused to permit an examination by the Commissioner
59-4 of his books and affairs or has refused or failed, within a reasonable
59-5 time, to furnish any information or make any report that may be
59-6 required by the Commissioner pursuant to the provisions of this
59-7 chapter or a regulation adopted pursuant to this chapter;
59-8 (j) Has been convicted of, or entered a plea of nolo contendere
59-9 to, a felony relating to the practice of mortgage companies or any
59-10 crime involving fraud, misrepresentation or moral turpitude;
59-11 (k) Has refused or failed to pay, within a reasonable time, any
59-12 fees, assessments, costs or expenses that the licensee is required to
59-13 pay pursuant to this chapter or a regulation adopted pursuant to this
59-14 chapter;
59-15 (l) Has failed to satisfy a claim made by a client which has been
59-16 reduced to judgment;
59-17 (m) Has failed to account for or to remit any money of a client
59-18 within a reasonable time after a request for an accounting or
59-19 remittal;
59-20 (n) Has commingled the money or other property of a client
59-21 with his own or has converted the money or property of others to his
59-22 own use; or
59-23 (o) Has engaged in any other conduct constituting a deceitful,
59-24 fraudulent or dishonest business practice.
59-25 Sec. 61. NRS 648.110 is hereby amended to read as follows:
59-26 648.110 1. Before the Board grants any license, the applicant,
59-27 including each director and officer of a corporate applicant, must:
59-28 (a) Be at least 21 years of age.
59-29 (b) Be a citizen of the United States or lawfully entitled to
59-30 remain and work in the United States.
59-31 (c) Be of good moral character and temperate habits.
59-32 (d) Have no conviction of [a] :
59-33 (1) A felony relating to the practice for which the applicant
59-34 wishes to be licensed; or [a]
59-35 (2) Any crime involving moral turpitude or the illegal use or
59-36 possession of a dangerous weapon.
59-37 2. Each applicant, or the qualifying agent of a corporate
59-38 applicant, must:
59-39 (a) If an applicant for a private investigator’s license, have at
59-40 least 5 years’ experience as an investigator, or the equivalent
59-41 thereof, as determined by the Board.
59-42 (b) If an applicant for a repossessor’s license, have at least 5
59-43 years’ experience as a repossessor, or the equivalent thereof, as
59-44 determined by the Board.
60-1 (c) If an applicant for a private patrolman’s license, have at least
60-2 5 years’ experience as a private patrolman, or the equivalent thereof,
60-3 as determined by the Board.
60-4 (d) If an applicant for a process server’s license, have at least 2
60-5 years’ experience as a process server, or the equivalent thereof, as
60-6 determined by the Board.
60-7 (e) If an applicant for a dog handler’s license, demonstrate to the
60-8 satisfaction of the Board his ability to handle, supply and train
60-9 watchdogs.
60-10 (f) If an applicant for a license as an intern, have:
60-11 (1) Received:
60-12 (I) A baccalaureate degree from an accredited college or
60-13 university and have at least 1 year’s experience in investigation or
60-14 polygraphic examination satisfactory to the Board;
60-15 (II) An associate degree from an accredited college or
60-16 university and have at least 3 years’ experience; or
60-17 (III) A high school diploma or its equivalent and have at
60-18 least 5 years’ experience; and
60-19 (2) Satisfactorily completed a basic course of instruction in
60-20 polygraphic techniques satisfactory to the Board.
60-21 (g) If an applicant for a license as a polygraphic examiner:
60-22 (1) Meet the requirements contained in paragraph (f);
60-23 (2) Have actively conducted polygraphic examinations for at
60-24 least 2 years;
60-25 (3) Have completed successfully at least 250 polygraphic
60-26 examinations, including at least 100 examinations concerning
60-27 specific inquiries as distinguished from general examinations for the
60-28 purpose of screening;
60-29 (4) Have completed successfully at least 50 polygraphic
60-30 examinations, including 10 examinations concerning specific
60-31 inquiries, during the 12 months immediately before the date of his
60-32 application; and
60-33 (5) Have completed successfully at least 24 hours of
60-34 advanced polygraphic training acceptable to the Board during the 2
60-35 years immediately before the date of his application.
60-36 (h) Meet other requirements as determined by the Board.
60-37 3. The Board, when satisfied from recommendations and
60-38 investigation that the applicant is of good character, competency and
60-39 integrity, may issue and deliver a license to the applicant entitling
60-40 him to conduct the business for which he is licensed, for the period
60-41 which ends on July 1 next following the date of issuance.
60-42 4. For the purposes of this section, 1 year of experience
60-43 consists of 2,000 hours of experience.
61-1 Sec. 62. NRS 648.150 is hereby amended to read as follows:
61-2 648.150 The Board may discipline any licensee for any of the
61-3 following causes:
61-4 1. Conviction of a felony relating to the practice of the
61-5 licensee or of any offense involving moral turpitude.
61-6 2. Violation of any of the provisions of this chapter or of a
61-7 regulation adopted pursuant thereto.
61-8 3. A false statement by the licensee that any person is or has
61-9 been in his employ.
61-10 4. Any unprofessional conduct or unfitness of the licensee or
61-11 any person in his employ.
61-12 5. Any false statement or the giving of any false information in
61-13 connection with an application for a license or a renewal or
61-14 reinstatement of a license.
61-15 6. Any act in the course of the licensee’s business constituting
61-16 dishonesty or fraud.
61-17 7. Impersonation or aiding and abetting an employee in the
61-18 impersonation of a law enforcement officer or employee of the
61-19 United States of America, or of any state or political subdivision
61-20 thereof.
61-21 8. During the period between the expiration of a license for the
61-22 failure to renew within the time fixed by this chapter and the
61-23 reinstatement of the license, the commission of any act which would
61-24 be a cause for the suspension or revocation of a license, or grounds
61-25 for the denial of an application for a license.
61-26 9. Willful failure or refusal to render to a client services or a
61-27 report as agreed between the parties and for which compensation
61-28 has been paid or tendered in accordance with the agreement of the
61-29 parties.
61-30 10. Commission of assault, battery or kidnapping.
61-31 11. Knowing violation of any court order or injunction in the
61-32 course of business as a licensee.
61-33 12. Any act which is a ground for denial of an application for a
61-34 license under this chapter.
61-35 13. Willfully aiding or abetting a person in a violation of a
61-36 provision of this chapter or a regulation adopted pursuant thereto.
61-37 Sec. 63. NRS 649.085 is hereby amended to read as follows:
61-38 649.085 Every individual applicant, every officer and director
61-39 of a corporate applicant, and every member of a firm or partnership
61-40 applicant for a license as a collection agency or collection agent
61-41 must submit proof satisfactory to the Commissioner that he:
61-42 1. Is a citizen of the United States or lawfully entitled to
61-43 remain and work in the United States.
62-1 2. Has a good reputation for honesty, trustworthiness, integrity
62-2 and is competent to transact the business of a collection agency in a
62-3 manner which protects the interests of the general public.
62-4 3. Has not had a collection agency license suspended or
62-5 revoked within the 10 years immediately preceding the date of the
62-6 application.
62-7 4. Has not been convicted of, or entered a plea of nolo
62-8 contendere to[, a] :
62-9 (a) A felony relating to the practice of collection agencies or
62-10 collection agents; or [any]
62-11 (b) Any crime involving fraud, misrepresentation or moral
62-12 turpitude.
62-13 5. Has not made a false statement of material fact on his
62-14 application.
62-15 6. Will maintain one or more offices in this state for the
62-16 transaction of the business of his collection agency.
62-17 7. Has established a plan to ensure that his collection agency
62-18 will provide the services of a collection agency adequately and
62-19 efficiently.
62-20 Sec. 64. NRS 652.220 is hereby amended to read as follows:
62-21 652.220 A license may be denied, suspended or revoked if the
62-22 laboratory, laboratory director or any technical employee of the
62-23 laboratory:
62-24 1. Violates any provision of this chapter;
62-25 2. Makes any misrepresentation in obtaining a license;
62-26 3. Has been convicted of a felony[;] relating to the position
62-27 for which the applicant has applied or the licensee has been
62-28 licensed pursuant to this chapter;
62-29 4. Has been convicted of violating any of the provisions of
62-30 NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
62-31 inclusive;
62-32 5. Is guilty of unprofessional conduct;
62-33 6. Knowingly permits the use of the name of a licensed
62-34 laboratory or its director by an unlicensed laboratory; or
62-35 7. Fails to meet the minimum standards prescribed by the
62-36 Board.
62-37 Sec. 65. NRS 654.190 is hereby amended to read as follows:
62-38 654.190 1. The Board may, after notice and hearing, impose
62-39 an administrative fine of not more than $2,500 on and suspend or
62-40 revoke the license of any nursing facility administrator or
62-41 administrator of a residential facility for groups who:
62-42 (a) Is convicted of a felony[,] relating to the practice of
62-43 administering a nursing facility or residential facility or of any
62-44 offense involving moral turpitude.
62-45 (b) Has obtained his license by the use of fraud or deceit.
63-1 (c) Violates any of the provisions of this chapter.
63-2 (d) Aids or abets any person in the violation of any of the
63-3 provisions of NRS 449.001 to 449.240, inclusive, as those
63-4 provisions pertain to a facility for skilled nursing, facility for
63-5 intermediate care or residential facility for groups.
63-6 (e) Violates any regulation of the Board prescribing additional
63-7 standards of conduct for nursing facility administrators or
63-8 administrators of residential facilities for groups.
63-9 2. The Board shall give a licensee against whom proceedings
63-10 are brought pursuant to this section written notice of a hearing not
63-11 less than 10 days before the date of the hearing.
63-12 3. If discipline is imposed pursuant to this section, the costs of
63-13 the proceeding, including investigative costs and attorney’s fees,
63-14 may be recovered by the Board.
63-15 Sec. 66. NRS 656.240 is hereby amended to read as follows:
63-16 656.240 The Board may refuse to issue or to renew or may
63-17 suspend or revoke any certificate for any one or a combination of
63-18 the following causes:
63-19 1. If the applicant or court reporter has by false representation
63-20 obtained or sought to obtain a certificate for himself or any other
63-21 person.
63-22 2. If the applicant or court reporter has been found in contempt
63-23 of court, arising out of his conduct in performing or attempting to
63-24 perform any act as a court reporter.
63-25 3. If the applicant or court reporter has been convicted of a
63-26 crime related to the qualifications, functions and responsibilities of a
63-27 certified court reporter.
63-28 4. If the applicant or court reporter has been convicted of [a
63-29 felony or gross misdemeanor or of] any offense involving moral
63-30 turpitude.
63-31 The judgment of conviction or a certified copy of the judgment is
63-32 conclusive evidence of conviction of an offense.
63-33 Sec. 67. NRS 676.290 is hereby amended to read as follows:
63-34 676.290 1. The Commissioner may, pursuant to the
63-35 procedure provided in this chapter, deny, suspend or revoke any
63-36 license for which application has been made or which has been
63-37 issued under the provisions of this chapter if he finds, as to the
63-38 licensee, its associates, directors or officers, grounds for action.
63-39 2. Any one of the following grounds may provide the requisite
63-40 grounds for denial, suspension or revocation:
63-41 (a) Conviction of a felony relating to the practice of debt
63-42 adjusters or of a misdemeanor involving moral turpitude.
63-43 (b) Violation of any of the provisions of this chapter or
63-44 regulations of the Commissioner.
63-45 (c) Fraud or deceit in procuring the issuance of the license.
64-1 (d) Continuous course of unfair conduct.
64-2 (e) Insolvency, filing in bankruptcy, receivership or assigning
64-3 for the benefit of creditors by any licensee or applicant for a license
64-4 under this chapter.
64-5 (f) Failure to pay the fee for renewal or reinstatement of a
64-6 license.
64-7 3. The Commissioner shall, after notice and hearing, impose
64-8 upon the licensee a fine of $500 for each violation by the licensee of
64-9 any of the provisions of this chapter or regulations of the
64-10 Commissioner. If a fine is imposed pursuant to this section, the
64-11 costs of the proceeding, including investigative costs and attorney’s
64-12 fees, may be recovered by the Commissioner.
64-13 Sec. 68. NRS 692A.105 is hereby amended to read as follows:
64-14 692A.105 1. The Commissioner may refuse to license any
64-15 title agent or escrow officer or may suspend or revoke any license or
64-16 impose a fine of not more than $500 for each violation by entering
64-17 an order to that effect, with his findings in respect thereto, if upon a
64-18 hearing, it is determined that the applicant or licensee:
64-19 (a) In the case of a title agent, is insolvent or in such a financial
64-20 condition that he cannot continue in business with safety to his
64-21 customers;
64-22 (b) Has violated any provision of this chapter or any regulation
64-23 adopted pursuant thereto or has aided and abetted another to do so;
64-24 (c) Has committed fraud in connection with any transaction
64-25 governed by this chapter;
64-26 (d) Has intentionally or knowingly made any misrepresentation
64-27 or false statement to, or concealed any essential or material fact
64-28 known to him from, any principal or designated agent of the
64-29 principal in the course of the escrow business;
64-30 (e) Has intentionally or knowingly made or caused to be made
64-31 to the Commissioner any false representation of a material fact or
64-32 has suppressed or withheld from him any information which the
64-33 applicant or licensee possesses;
64-34 (f) Has failed without reasonable cause to furnish to the parties
64-35 of an escrow their respective statements of the settlement within a
64-36 reasonable time after the close of escrow;
64-37 (g) Has failed without reasonable cause to deliver, within a
64-38 reasonable time after the close of escrow, to the respective parties of
64-39 an escrow transaction any money, documents or other properties
64-40 held in escrow in violation of the provisions of the escrow
64-41 instructions;
64-42 (h) Has refused to permit an examination by the Commissioner
64-43 of his books and affairs or has refused or failed, within a reasonable
64-44 time, to furnish any information or make any report that may be
65-1 required by the Commissioner pursuant to the provisions of this
65-2 chapter;
65-3 (i) Has been convicted of a felony relating to the practice of
65-4 title agents or any misdemeanor of which an essential element is
65-5 fraud;
65-6 (j) In the case of a title agent, has failed to maintain complete
65-7 and accurate records of all transactions within the last 7 years;
65-8 (k) Has commingled the money of other persons with his own or
65-9 converted the money of other persons to his own use;
65-10 (l) Has failed, before the close of escrow, to obtain written
65-11 instructions concerning any essential or material fact or intentionally
65-12 failed to follow the written instructions which have been agreed
65-13 upon by the parties and accepted by the holder of the escrow;
65-14 (m) Has failed to disclose in writing that he is acting in the dual
65-15 capacity of escrow agent or agency and undisclosed principal in any
65-16 transaction;
65-17 (n) In the case of an escrow officer, has been convicted of, or
65-18 entered a plea of guilty or nolo contendere to, any crime involving
65-19 moral turpitude; or
65-20 (o) Has failed to obtain and maintain a copy of the executed
65-21 agreement or contract that establishes the conditions for the sale of
65-22 real property.
65-23 2. It is sufficient cause for the imposition of a fine or the
65-24 refusal, suspension or revocation of the license of a partnership,
65-25 corporation or any other association if any member of the
65-26 partnership or any officer or director of the corporation or
65-27 association has been guilty of any act or omission directly arising
65-28 from the business activities of a title agent which would be cause for
65-29 such action had the applicant or licensee been a natural person.
65-30 3. The Commissioner may suspend or revoke the license of a
65-31 title agent, or impose a fine, if the Commissioner finds that the title
65-32 agent:
65-33 (a) Failed to maintain adequate supervision of an escrow officer
65-34 title agent he has appointed or employed.
65-35 (b) Instructed an escrow officer to commit an act which would
65-36 be cause for the revocation of the escrow officer’s license and the
65-37 escrow officer committed the act. An escrow officer is not subject to
65-38 disciplinary action for committing such an act under instruction by
65-39 the title agent.
65-40 4. The Commissioner may refuse to issue a license to any
65-41 person who, within 10 years before the date of applying for a current
65-42 license, has had suspended or revoked a license issued pursuant to
65-43 this chapter or a comparable license issued by any other state,
65-44 district or territory of the United States or any foreign country.
66-1 Sec. 69. NRS 706.8841 is hereby amended to read as follows:
66-2 706.8841 1. The Administrator shall issue a driver’s permit
66-3 to qualified persons who wish to be employed by certificate holders
66-4 as taxicab drivers. Before issuing a driver’s permit, the
66-5 Administrator shall:
66-6 (a) Require the applicant to submit a set of his fingerprints,
66-7 which must be forwarded to the Federal Bureau of Investigation to
66-8 ascertain whether the applicant has a criminal record and the nature
66-9 of any such record, and shall further investigate the applicant’s
66-10 background; and
66-11 (b) Require proof that the applicant:
66-12 (1) Has been a resident of the State for 30 days before his
66-13 application for a permit;
66-14 (2) Can read and orally communicate in the English
66-15 language; and
66-16 (3) Has a valid license issued under NRS 483.325 which
66-17 authorizes him to drive a taxicab in this state.
66-18 2. The Administrator may refuse to issue a driver’s permit if
66-19 the applicant has been convicted of:
66-20 (a) A felony[, other than a felony involving any sexual offense,]
66-21 relating to the practice of taxicab drivers in this state or any other
66-22 jurisdiction [within 5 years] at any time before the date of the
66-23 application;
66-24 (b) A felony involving any sexual offense in this state or any
66-25 other jurisdiction at any time before the date of the application; or
66-26 (c) A violation of NRS 484.379 or 484.3795 or a law of any
66-27 other jurisdiction that prohibits the same or similar conduct within 3
66-28 years before the date of the application.
66-29 3. The Administrator may refuse to issue a driver’s permit if
66-30 the Administrator, after the background investigation of the
66-31 applicant, determines that the applicant is morally unfit or if the
66-32 issuance of the driver’s permit would be detrimental to public
66-33 health, welfare or safety.
66-34 4. A taxicab driver shall pay to the Administrator, in advance,
66-35 $20 for an original driver’s permit and $5 for a renewal.
66-36 Sec. 70. NRS 176A.860 is hereby repealed.
66-37 Sec. 71. 1. Any person residing in this state who, before
66-38 July 1, 2003, was:
66-39 (a) Honorably discharged from probation pursuant to
66-40 NRS 176A.850;
66-41 (b) Pardoned pursuant to NRS 213.090;
66-42 (c) Honorably discharged from parole pursuant to NRS 213.154
66-43 and 213.155; or
66-44 (d) Released from prison pursuant to NRS 213.157,
67-1 in this state or elsewhere, who is not on probation or parole or
67-2 serving a sentence of imprisonment on July 1, 2003, and who has
67-3 not had his civil rights restored is hereby restored to the civil rights
67-4 set forth in subsection 2.
67-5 2. A person listed in subsection 1:
67-6 (a) Is immediately restored to the following civil rights:
67-7 (1) The right to vote; and
67-8 (2) The right to serve as a juror in a civil action.
67-9 (b) Four years after the date on which he is released from his
67-10 sentence of imprisonment, is restored to the right to hold office.
67-11 (c) Six years after the date on which he is released from his
67-12 sentence of imprisonment, is restored to the right to serve as a juror
67-13 in a criminal action.
67-14 3. A person who is restored to his civil rights pursuant to this
67-15 section and whose official documentation which demonstrates that
67-16 the person qualifies to have his civil rights restored pursuant to
67-17 subsection 1 is lost, damaged or destroyed may file a written request
67-18 with a court of competent jurisdiction to restore his civil rights
67-19 pursuant to this section. Upon verification that the person qualifies
67-20 to have his civil rights restored pursuant to subsection 1, the court
67-21 shall issue an order restoring the person to the civil rights set forth in
67-22 subsection 2. A person must not be required to pay a fee to receive
67-23 such an order.
67-24 4. A person who is restored to his civil rights pursuant to this
67-25 section may present official documentation that he qualifies to have
67-26 his civil rights restored pursuant to subsection 1 or a court order
67-27 restoring his civil rights as proof that he has been restored to the
67-28 civil rights set forth in subsection 2.
67-29 Sec. 72. The provisions of subsection 1 of NRS 354.599 do
67-30 not apply to any additional expenses of a local government that are
67-31 related to the provisions of this act.
67-32 Sec. 73. 1. This section and sections 1 to 53, inclusive, and
67-33 55 to 72, inclusive, of this act become effective on July 1, 2003.
67-34 2. Section 53 of this act expires by limitation on the date on
67-35 which the provisions of 42 U.S.C. § 666 requiring each state to
67-36 establish procedures under which the state has authority to withhold
67-37 or suspend, or to restrict the use of professional, occupational and
67-38 recreational licenses of persons who:
67-39 (a) Have failed to comply with a subpoena or warrant relating to
67-40 a proceeding to determine the paternity of a child or to establish or
67-41 enforce an obligation for the support of a child; or
67-42 (b) Are in arrears in the payment for support of one or more
67-43 children,
67-44 are repealed by the Congress of the United States.
68-1 3. Section 54 of this act becomes effective on the date on
68-2 which the provisions of 42 U.S.C. § 666 requiring each state to
68-3 establish procedures under which the state has authority to withhold
68-4 or suspend, or to restrict the use of professional, occupational and
68-5 recreational licenses of persons who:
68-6 (a) Have failed to comply with a subpoena or warrant relating to
68-7 a proceeding to determine the paternity of a child or to establish or
68-8 enforce an obligation for the support of a child; or
68-9 (b) Are in arrears in the payment for support of one or more
68-10 children,
68-11 are repealed by the Congress of the United States.
68-12 TEXT OF REPEALED SECTION
68-13 176A.860 Procedure for applying for restoration of civil
68-14 rights after honorable discharge.
68-15 1. If a person is granted an honorable discharge from
68-16 probation, not sooner than 6 months after his honorable discharge,
68-17 the person may apply to the Division to request a restoration of his
68-18 civil rights if the person:
68-19 (a) Has not previously been restored to his civil rights; and
68-20 (b) Has not been convicted of any offense greater than a traffic
68-21 violation after his honorable discharge.
68-22 2. If a person applies to the Division to request a restoration of
68-23 his civil rights, the person must submit with his application a
68-24 current, certified record of his criminal history received from the
68-25 Central Repository for Nevada Records of Criminal History. If
68-26 the Division determines after an investigation that the person meets
68-27 the requirements of this section, the Division shall petition the court
68-28 in which the person was convicted for an order granting the
68-29 restoration of his civil rights. If the Division refuses to submit such
68-30 a petition, the person may, after notice to the Division, directly
68-31 petition the court for an order granting the restoration of his civil
68-32 rights.
68-33 H