requires two-thirds majority vote (§§ 4, 7, 12, 15, 17, 19, 22, 24-26, 28, 30-32, 35, 36, 40, 43, 45, 47, 48, 50, 52-56, 59, 61, 63)                                                                                                       

                                                                                                  

 

Senate Bill No. 428–Committee on Commerce and Labor

 

(On Behalf of the Department of Business and
Industry, Real Estate Division)

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes regarding certain state agencies that regulate real estate practices and professions. (BDR 54‑471)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to real estate; making various changes regarding the powers and duties of the Real Estate Commission, the Real Estate Division of the Department of Business and Industry and the Commission of Appraisers of Real Estate; revising provisions governing the regulation of property managers; authorizing certain agencies to conduct business electronically; authorizing the investigation and audit of certain accounts of a real estate broker; expanding the power of certain agencies to impose fines and penalties for certain unlawful conduct and to deny, suspend and revoke licenses under certain circumstances; increasing certain fees and authorizing certain agencies to establish other fees by regulation; making certain conduct unlawful; providing penalties; 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. Chapter 645 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 2 to 8, inclusive, of this

2-3  act.

2-4  Sec. 2.  “Designated property manager” means a person who

2-5  has the qualifications required by section 3 of this act to be a

2-6  designated property manager and who is appointed as the

2-7  designated property manager for an office pursuant to section 3 of

2-8  this act.

2-9  Sec. 3.  1.  If a real estate broker does not hold a permit to

2-10  engage in property management but intends to have property

2-11  management activities conducted at an office, the real estate

2-12  broker must:

2-13      (a) Appoint a person, who has the qualifications required by

2-14  this section, as the designated property manager for the office to

2-15  supervise the property management activities conducted at the

2-16  office; and

2-17      (b) Submit notice of the appointment to the Division.

2-18      2.  The designated property manager for an office must be a

2-19  natural person who:

2-20      (a) Holds a license as a real estate broker or real estate broker-

2-21  salesman;

2-22      (b) Holds a permit to engage in property management; and

2-23      (c) Has 2 years active experience, within the 4 years

2-24  immediately preceding the date of the appointment, in conducting

2-25  property management activities in the United States as a licensed

2-26  real estate broker, real estate broker-salesman or real estate

2-27  salesman.

2-28      3.  While acting as the designated property manager for an

2-29  office, the person:

2-30      (a) Must comply with the provisions of this section and NRS

2-31  645.6052 to 645.6058, inclusive, and all other applicable

2-32  provisions of this chapter; and

2-33      (b) Is subject to all the remedies and penalties provided for in

2-34  this chapter.

2-35      Sec. 4.  1.  The Administrator may adopt regulations which

2-36  establish procedures for the Division to conduct business

2-37  electronically pursuant to title 59 of NRS with persons who are

2-38  regulated pursuant to this chapter and with any other persons with

2-39  whom the Division conducts business. The regulations may

2-40  include, without limitation, the establishment of fees to pay the

2-41  costs of conducting business electronically with the Division.

2-42      2.  In addition to the process authorized by NRS 719.280, if

2-43  the Division is conducting business electronically with a person

2-44  and a law requires a signature or record to be notarized,

2-45  acknowledged, verified or made under oath, the Division may

3-1  allow the person to substitute a declaration that complies with the

3-2  provisions of NRS 53.045 to satisfy the legal requirement.

3-3  3.  The Division may refuse to conduct business electronically

3-4  with a person who has failed to pay money which the person owes

3-5  to the Division or the Commission.

3-6  Sec. 5.  1.  The Division may investigate and audit any

3-7  account of a real estate broker, regardless of whether it is a trust

3-8  account, if the Division has reasonable cause to believe that the

3-9  broker is using or has used the account to operate or carry on the

3-10  broker’s business or to deposit money derived from the broker’s

3-11  business and the Division:

3-12      (a) Has reasonable cause to believe or has received a credible

3-13  complaint that the real estate broker has commingled the money of

3-14  a client with the money of the real estate broker;

3-15      (b) Has reasonable cause to believe or has received a credible

3-16  complaint that the real estate broker is insolvent or is in any

3-17  financial condition or has engaged in any financial practice which

3-18  creates a substantial risk of insolvency; or

3-19      (c) Determines that the investigation and audit is reasonably

3-20  necessary to assist the Division in administering or enforcing any

3-21  other provision of this chapter or any other statute that the

3-22  Division is charged with administering or enforcing.

3-23      2.  The Commission shall adopt regulations prescribing the

3-24  scope of an audit conducted pursuant to this section.

3-25      3.  The Commission may take action pursuant to NRS 645.630

3-26  against:

3-27      (a) Any real estate broker or other licensee who knowingly

3-28  fails to cooperate or comply with or knowingly impedes or

3-29  interferes with any investigation or audit conducted by the

3-30  Division pursuant to this section; or

3-31      (b) Any real estate broker who is insolvent or who is in any

3-32  financial condition or has engaged in any financial practice which

3-33  creates a substantial risk of insolvency.

3-34      4.  As used in this section, “insolvent” or “insolvency” means

3-35  a condition in which a real estate broker is unable to meet the

3-36  liabilities of the broker’s business as those liabilities become due

3-37  in the regular course of the broker’s business.

3-38      Sec. 6.  In addition to any other remedy or penalty, the

3-39  Commission or the Division, as appropriate, may:

3-40      1.  Refuse to issue a license, permit, certificate or registration

3-41  to a person who has failed to pay money which the person owes to

3-42  the Commission or the Division.

3-43      2.  Refuse to renew, or suspend or revoke, the license, permit,

3-44  certificate or registration of a person who has failed to pay money

3-45  which the person owes to the Commission or the Division.

4-1  Sec. 7.  1.  In addition to any other remedy or penalty, the

4-2  Commission may impose an administrative fine against any

4-3  person who knowingly:

4-4  (a) Engages or offers to engage in any activity for which a

4-5  license, permit, certificate or registration or any type of

4-6  authorization is required pursuant to this chapter, or any

4-7  regulation adopted pursuant thereto, if the person does not hold

4-8  the required license, permit, certificate or registration or has not

4-9  been given the required authorization; or

4-10      (b) Assists or offers to assist another person to commit a

4-11  violation described in paragraph (a).

4-12      2.  If the Commission imposes an administrative fine against a

4-13  person pursuant to this section, the amount of the administrative

4-14  fine may not exceed the amount of any gain or economic benefit

4-15  that the person derived from the violation or $5,000, whichever

4-16  amount is greater.

4-17      3.  In determining the appropriate amount of the

4-18  administrative fine, the Commission shall consider:

4-19      (a) The severity of the violation and the degree of any harm

4-20  that the violation caused to other persons;

4-21      (b) The nature and amount of any gain or economic benefit

4-22  that the person derived from the violation;

4-23      (c) The person’s history or record of other violations; and

4-24      (d) Any other facts or circumstances that the Commission

4-25  deems to be relevant.

4-26      4.  Before the Commission may impose the administrative

4-27  fine, the Commission must provide the person with notice and an

4-28  opportunity to be heard.

4-29      5.  The person is entitled to judicial review of the decision of

4-30  the Commission in the manner provided by chapter 233B of NRS.

4-31      6.  The provisions of this section do not apply to a person who

4-32  engages or offers to engage in activities within the purview of this

4-33  chapter if:

4-34      (a) A specific statute exempts the person from complying with

4-35  the provisions of this chapter with regard to those activities; and

4-36      (b) The person is acting in accordance with the exemption

4-37  while engaging or offering to engage in those activities.

4-38      Sec. 8.  1.  It is unlawful for any person to file with the

4-39  Administrator, the Division or the Commission any notice,

4-40  statement, complaint or other document required under the

4-41  provisions of this chapter which is false or which contains any

4-42  willful, material misstatement of fact.

4-43      2.  A person who violates any provision of this section is guilty

4-44  of a gross misdemeanor.

 

5-1  Sec. 9.  NRS 645.0005 is hereby amended to read as follows:

5-2  645.0005  As used in this chapter, unless the context otherwise

5-3  requires, the words and terms defined in NRS 645.001 to 645.040,

5-4  inclusive, and section 2 of this act have the meanings ascribed to

5-5  them in those sections.

5-6  Sec. 10.  NRS 645.230 is hereby amended to read as follows:

5-7  645.230  1.  It is unlawful for any person, limited-liability

5-8  company, partnership, association or corporation to engage in the

5-9  business of, act in the capacity of, advertise or assume to act as, a:

5-10      (a) Real estate broker, real estate broker-salesman or real estate

5-11  salesman within the State of Nevada without first obtaining the

5-12  appropriate license from the Real Estate Division as provided for in

5-13  this chapter; [or]

5-14      (b) Property manager within the State of Nevada without first

5-15  obtaining from the Real Estate Division as provided for in this

5-16  chapter a license as a real estate broker, real estate broker-salesman

5-17  or real estate salesman and a permit to engage in property

5-18  management[.] ; or

5-19      (c) Designated property manager within the State of Nevada

5-20  without complying with the provisions of section 3 of this act.

5-21      2.  The Real Estate Division may prefer a complaint for a

5-22  violation of this section before any court of competent jurisdiction

5-23  and may assist in presenting the law or facts upon any trial for a

5-24  violation of this section.

5-25      3.  The district attorney of each county shall prosecute all

5-26  violations of this section in their respective counties in which

5-27  violations occur, unless prosecuted by the Attorney General. Upon

5-28  the request of the Administrator, the Attorney General shall

5-29  prosecute any violation of this section in lieu of the district attorney.

5-30      Sec. 11.  NRS 645.330 is hereby amended to read as follows:

5-31      645.330  1.  Except as otherwise provided by specific statute,

5-32  the Division may approve an application for a license for a person

5-33  who meets all the following requirements:

5-34      (a) Has a good reputation for honesty, trustworthiness and

5-35  integrity and who offers proof of those qualifications satisfactory to

5-36  the Division.

5-37      (b) Has not made a false statement of material fact on his

5-38  application.

5-39      (c) Is competent to transact the business of a real estate broker,

5-40  broker-salesman or salesman in a manner which will safeguard the

5-41  interests of the public.

5-42      (d) Has submitted the statement required pursuant to NRS

5-43  645.358 if the person is a natural person.

5-44      (e) Has passed the examination.

5-45      2.  The Division:

6-1  (a) May deny a license to any person who has been convicted of

6-2  [,] or has entered a plea of guilty[, guilty but mentally ill] or nolo

6-3  contendere to[, forgery, embezzlement, obtaining money under

6-4  false pretenses, larceny, extortion, conspiracy to defraud, engaging

6-5  in a real estate business without a license, possessing for the purpose

6-6  of sale any controlled substance or] any crime [involving moral

6-7  turpitude,] in any court of competent jurisdiction in the United

6-8  States or elsewhere[; and] if the crime:

6-9       (1) Was committed in this state and was classified as a

6-10  gross misdemeanor or felony when it was committed; or

6-11          (2) Was committed in another jurisdiction in the United

6-12  States or elsewhere and was classified as a gross misdemeanor or

6-13  felony in the other jurisdiction when it was committed or, in the

6-14  absence of a comparable classification in the other jurisdiction,

6-15  would have been substantially equivalent to a gross misdemeanor

6-16  or felony committed in this state.

6-17      (b) Shall not issue a license to such a person until at least 3 years

6-18  after:

6-19          (1) The person pays any fine or restitution ordered by the

6-20  court; or

6-21          (2) The expiration of the period of the person’s parole,

6-22  probation or sentence,

6-23  whichever is later.

6-24      3.  Suspension or revocation of a license pursuant to this

6-25  chapter or any prior revocation or current suspension in this or any

6-26  other state, district or territory of the United States or any foreign

6-27  country within 10 years before the date of the application is grounds

6-28  for refusal to grant a license.

6-29      4.  A person may not be licensed as a real estate broker unless

6-30  he has been actively engaged as a full-time licensed real estate

6-31  broker-salesman or salesman in this state, or actively engaged as a

6-32  full-time licensed real estate broker, broker-salesman or salesman in

6-33  another state or the District of Columbia, for at least 2 of the 4 years

6-34  immediately preceding the issuance of a broker’s license.

6-35      Sec. 12.  NRS 645.355 is hereby amended to read as follows:

6-36      645.355  [An]

6-37      1.  Each applicant for a license as a real estate broker, broker-

6-38  salesman or salesman [in this state] must pay a fee for the costs of

6-39  an investigation of the applicant’s background.

6-40      2.  Except as otherwise provided in this section, each

6-41  applicant must, as part of his application[, be fingerprinted. Each

6-42  applicant shall,] and at his own expense[, and] :

6-43      (a) Arrange to have a complete set of his fingerprints taken by

6-44  a law enforcement agency or other authorized entity acceptable to

7-1  the Division on a fingerprint card provided by the law enforcement

7-2  agency or other authorized entity for that purpose; and

7-3  (b) Submit to the Division[, arrange to be fingerprinted by any

7-4  police or sheriff’s office and shall attach his] the fingerprint card [,

7-5  after his fingerprints are taken, to his application.] and written

7-6  permission authorizing the Division to submit the applicant’s

7-7  fingerprints to the Central Repository for Nevada Records of

7-8  Criminal History for submission to the Federal Bureau of

7-9  Investigation for a report on the applicant’s background and to

7-10  such other law enforcement agencies as the Division deems

7-11  necessary.

7-12      3.  The Division may [mail] :

7-13      (a) Submit the applicant’s [fingerprint card to the Federal

7-14  Bureau of Investigation, Washington, D.C., for its report,]

7-15  fingerprints to the Central Repository for submission to the

7-16  Federal Bureau of Investigation and to such other law enforcement

7-17  agencies as the Division [may deem necessary.] deems necessary;

7-18  and

7-19      (b) Request from each such agency any information regarding

7-20  the applicant’s background as the Division deems necessary.

7-21      4.  The Commission may adopt regulations to establish

7-22  alternative methods for the Division to conduct an investigation of

7-23  the applicant’s background. The Division may use such

7-24  alternative methods in addition to or in lieu of any investigation of

7-25  the applicant’s background based on the fingerprints of the

7-26  applicant.

7-27      Sec. 13.  NRS 645.490 is hereby amended to read as follows:

7-28      645.490  1.  Upon satisfactorily passing the written

7-29  examination and upon complying with all other provisions of law

7-30  and conditions of this chapter, a license shall thereupon be granted

7-31  by the Division to the successful applicant therefor as a real estate

7-32  broker, broker-salesman or salesman, and the applicant, upon

7-33  receiving the license, may conduct the business of a real estate

7-34  broker, broker-salesman or salesman in this state.

7-35      2.  The Division shall issue licenses as a real estate broker,

7-36  broker-salesman or salesman to all applicants who qualify and

7-37  comply with all provisions of law and all requirements of this

7-38  chapter.

7-39      3.  [A] Except as otherwise provided in NRS 645.840:

7-40      (a) An original license as a real estate broker, broker-salesman

7-41  or salesman [shall renew his license] must be renewed with the

7-42  Division [within 1 year immediately after initial licensing and

7-43  thereafter shall renew his license every 2 years.] before the

7-44  expiration of the initial license period of 12 consecutive months as

7-45  prescribed in NRS 645.780; and

8-1  (b) Thereafter, the license must be renewed with the Division

8-2  before the expiration of each subsequent license period of 24

8-3  consecutive months as prescribed in NRS 645.780.

8-4  Sec. 14.  NRS 645.575 is hereby amended to read as follows:

8-5  645.575  1.  The Commission shall adopt regulations that

8-6  prescribe the standards for the continuing education of persons

8-7  licensed pursuant to this chapter . [by adopting regulations which

8-8  include:] Until the Commission adopts such regulations, the

8-9  standards for continuing education are as follows:

8-10      (a) For renewal of a license which is on active status, a

8-11  requirement for the hours of attendance at any approved educational

8-12  course, seminar or conference of:

8-13          (1) Thirty hours within the first year immediately after initial

8-14  licensing; and

8-15          (2) Fifteen hours within each subsequent 2-year period

8-16  before renewal.

8-17  For each period, at least 6 of the hours must be devoted to ethics,

8-18  professional conduct or the legal aspects of real estate.

8-19      (b) For reinstatement of a license which has been placed on

8-20  inactive status, a requirement for total attendance at any approved

8-21  educational course, seminar or conference of:

8-22          (1) Thirty hours if the license was on inactive status for 2

8-23  years or less during the initial license period;

8-24          (2) Fifteen hours if the license was on inactive status for a

8-25  period of 2 years or less, no part of which was during the initial

8-26  license period;

8-27          (3) Forty-five hours if the license was on inactive status for a

8-28  period of more than 2 years, part of which was during the initial

8-29  license period; or

8-30          (4) Thirty hours if the license was on inactive status for a

8-31  period of more than 2 years, no part of which was during the initial

8-32  license period.

8-33  For each period, at least 6 of the hours must be devoted to ethics,

8-34  professional conduct or the legal aspects of real estate.

8-35      (c) A basis and method of qualifying educational programs and

8-36  certifying attendance which will satisfy the requirements of this

8-37  section.

8-38      (d) A procedure for the evaluation of petitions based on a claim

8-39  of equivalency with the requirements of paragraph (a) or (b).

8-40      (e) A system of controlling and reporting qualifying attendance.

8-41      (f) A statement of the conditions for which an extension of time

8-42  may be granted to comply with the continuing education

8-43  requirements as well as a method of applying and qualifying for an

8-44  extension.

9-1  2.  The standards prescribed in subsection 1 must permit

9-2  alternatives of subject material, taking cognizance of specialized

9-3  areas of practice and alternatives in sources of programs considering

9-4  availability in area and time. The standards must include, where

9-5  qualified, generally accredited educational institutions, private

9-6  vocational schools, educational programs and seminars of

9-7  professional societies and organizations, other organized educational

9-8  programs on technical subjects, or equivalent offerings. The

9-9  Commission shall qualify only those educational courses that it

9-10  determines address the appropriate subject matter and are given by

9-11  an accredited university or community college. Subject to the

9-12  provisions of this section, the Commission has exclusive authority

9-13  to determine what is an appropriate subject matter for qualification

9-14  as a continuing education course.

9-15      3.  In addition to any other standards for continuing

9-16  education that the Commission adopts by regulation pursuant to

9-17  this section, the Commission may, without limitation, adopt by

9-18  regulation standards for continuing education that:

9-19      (a) Establish a post-licensing curriculum of continuing

9-20  education which must be completed by a person within the first

9-21  year immediately after initial licensing of the person.

9-22      (b) Require a person whose license as a real estate broker or

9-23  real estate broker-salesman has been placed on inactive status for

9-24  any reason for 1 year or more or has been suspended or revoked to

9-25  complete a course of instruction in broker management that is

9-26  designed to fulfill the educational requirements for issuance of a

9-27  license which are described in paragraph (d) of subsection 2 of

9-28  NRS 645.343, before the person’s license is reissued or reinstated.

9-29      4.  Except as otherwise provided in this subsection, the license

9-30  of a real estate broker, broker-salesman or salesman must not be

9-31  renewed or reinstated unless the Administrator finds that the

9-32  applicant for the renewal license or for reinstatement to active status

9-33  has completed the continuing education required by this chapter.

9-34  Any amendment or repeal of a regulation does not operate to

9-35  prevent an applicant from complying with this section for the next

9-36  licensing period following the amendment or repeal.

9-37      Sec. 15.  NRS 645.6052 is hereby amended to read as follows:

9-38      645.6052  1.  A person who is licensed pursuant to this chapter

9-39  as a real estate broker, real estate broker-salesman or real estate

9-40  salesman may apply to the Real Estate Division for a permit to

9-41  engage in property management.

9-42      2.  An applicant for a permit must:

9-43      (a) Furnish proof satisfactory to the Division that he has

9-44  successfully completed at least 24 classroom hours of instruction in

9-45  property management; and

10-1      (b) Comply with all other requirements established by the

10-2  Commission for the issuance of a permit.

10-3      3.  A permit expires, and may be renewed, at the same time as

10-4  the license of the holder of the permit.

10-5      4.  An applicant for the renewal of a permit must:

10-6      (a) Furnish proof satisfactory to the Division that he has

10-7  successfully completed at least 3 of the hours of the continuing

10-8  education required for the renewal of his license pursuant to NRS

10-9  645.575 in an approved educational course, seminar or conference

10-10  concerning property management; and

10-11     (b) Comply with all other requirements established by the

10-12  Commission for the renewal of a permit.

10-13     5.  The Commission may adopt such regulations as it

10-14  determines are necessary to carry out the provisions of this section.

10-15  The regulations may, without limitation:

10-16     (a) Establish additional requirements for the issuance or renewal

10-17  of a permit.

10-18     (b) Establish [a fee] fees for the issuance and renewal of a

10-19  permit[.] and fees to pay the costs of:

10-20         (1) Any examination for a permit, including any costs

10-21  which are necessary for the administration of such an

10-22  examination.

10-23         (2) Any investigation of an applicant’s background.

10-24     (c) Set forth standards of education for the approval of a course

10-25  of instruction to qualify [a person] an applicant for a permit .

10-26  [pursuant to this section.]

10-27     Sec. 16.  NRS 645.6058 is hereby amended to read as follows:

10-28     645.6058  1.  Except as otherwise provided in subsection 3, all

10-29  fees, penalties and fines received by the Division pursuant to the

10-30  provisions of NRS 645.6052 to 645.6058, inclusive, and section 3

10-31  of this act must be deposited with the State Treasurer for credit to

10-32  the Division. The money must be used by the Division for the

10-33  administration of the provisions of NRS 645.6052 to 645.6058,

10-34  inclusive[.] , and section 3 of this act.

10-35     2.  The Division may delegate to a hearing officer or panel its

10-36  authority to take any disciplinary action against property managers,

10-37  impose and collect fines pursuant to the disciplinary action and

10-38  deposit the money with the State Treasurer for credit to the

10-39  Division.

10-40     3.  If a hearing officer or panel is not authorized to take

10-41  disciplinary action pursuant to subsection 2, the Division shall

10-42  deposit the money collected from the imposition of penalties and

10-43  fines collected from property managers with the State Treasurer for

10-44  credit to the State General Fund. The Division may present a claim

10-45  to the State Board of Examiners for recommendation to the Interim

11-1  Finance Committee if money is needed to pay an attorney’s fee or

11-2  the costs of an investigation, or both.

11-3      Sec. 17.  NRS 645.6065 is hereby amended to read as follows:

11-4      645.6065  1.  Except as otherwise provided in NRS 645.607, a

11-5  person shall not act as a qualified intermediary unless he is

11-6  registered as such with the Division. The Division may adopt such

11-7  regulations as it deems necessary to carry out the provisions of NRS

11-8  645.606 to 645.609, inclusive.

11-9      2.  [A person may] To apply for registration [by paying to] , a

11-10  person must pay the Division a fee of $100 [fee plus the actual cost

11-11  of a background investigation conducted by the Federal Bureau of

11-12  Investigation and filing with] and a fee to pay the costs of an

11-13  investigation of the person’s background.

11-14     3.  In addition to the requirements set forth in subsection 2,

11-15  the person must submit to the Division:

11-16     (a) The following information on a form provided by the

11-17  Division:

11-18         (1) The applicant’s name, address and telephone number;

11-19         (2) The name under which the applicant will hold the money

11-20  or other property of a client;

11-21         (3) The names, residence and business addresses of all

11-22  persons having an interest in the business as principals, partners,

11-23  officers, trustees or directors, specifying the capacity and title of

11-24  each;

11-25         (4) If the applicant is a natural person, the social security

11-26  number of the applicant; and

11-27         (5) The length of time the applicant has been engaged in the

11-28  business of acting as such an intermediary; and

11-29     (b) If the person is a natural person, the statement required

11-30  pursuant to NRS 645.6068 . [; and

11-31     (c) A card provided by the Division upon which the applicant’s

11-32  fingerprints, taken by an agency of law enforcement, are displayed.

11-33     3.] 4.  Except as otherwise provided in this section, each

11-34  applicant must, as part of his application and at his own expense:

11-35     (a) Arrange to have a complete set of his fingerprints taken by

11-36  a law enforcement agency or other authorized entity acceptable to

11-37  the Division on a fingerprint card provided by the law enforcement

11-38  agency or other authorized entity for that purpose; and

11-39     (b) Submit to the Division the completed fingerprint card and

11-40  written permission authorizing the Division to submit the

11-41  applicant’s fingerprints to the Central Repository for Nevada

11-42  Records of Criminal History for submission to the Federal Bureau

11-43  of Investigation for a report on the applicant’s background and to

11-44  such other law enforcement agencies as the Division deems

11-45  necessary.

12-1      5.  The Division [shall:

12-2      (a) Mail the card upon which the applicant’s fingerprints are

12-3  displayed] may:

12-4      (a) Submit the applicant’s fingerprints to the Central

12-5  Repository for submission to the Federal Bureau of Investigation[;]

12-6  and to such other law enforcement agencies as the Division deems

12-7  necessary; and

12-8      (b) Request from [the Bureau] each such agency any

12-9  information regarding the applicant’s [criminal history] background

12-10  as the Division deems necessary.

12-11     [4.] 6.  The Commission may adopt regulations to establish

12-12  alternative methods for the Division to conduct an investigation of

12-13  the applicant’s background. The Division may use such

12-14  alternative methods in addition to or in lieu of any investigation of

12-15  the applicant’s background based on the fingerprints of the

12-16  applicant.

12-17     7. Registration pursuant to this section must be renewed each

12-18  year on or before the date of the original registration by providing

12-19  the information required by the Division for that purpose and paying

12-20  a renewal fee of $75.

12-21     Sec. 18.  NRS 645.780 is hereby amended to read as follows:

12-22     645.780  [Every]

12-23     1.  Each license issued under the provisions of this chapter

12-24  expires at midnight on the last day of the last month of [a] the

12-25  applicable license period[. A] for the license.

12-26     2.  The initial license period for an original license as a real

12-27  estate broker, broker-salesman or salesman is a period of 12

12-28  consecutive months beginning on the first day of the first calendar

12-29  month after the original license is issued by the Division.

12-30  Thereafter, each subsequent license period is a period of 24

12-31  consecutive months beginning on the first day of the first calendar

12-32  month after a renewal of the license is issued[.] by the Division for

12-33  the subsequent license period.

12-34     3.  For all other licenses, the license period is a period of 24

12-35  consecutive months beginning on the first day of the first calendar

12-36  month after the license or any renewal of the license is issued by

12-37  the Division, unless a specific statute:

12-38     (a) Provides for a different license period; or

12-39     (b) Expressly authorizes a different license period to be

12-40  provided for by regulation.

12-41     Sec. 19.  NRS 645.830 is hereby amended to read as follows:

12-42     645.830  1.  The following fees must be charged by and paid

12-43  to the Division:

 

13-1  For each original real estate broker’s, broker-

13-2  salesman’s or corporate broker’s license[$85] $105

13-3  For each original real estate salesman’s license  [65] 85

13-4  For each original branch office license[100] 120

13-5  For real estate education, research and recovery

13-6  to be paid at the time an [original] application

13-7  for [a] an original license is filed[20]40

13-8  For real estate education, research and recovery

13-9  to be paid at the time an application for [a]

13-10  renewalof a license is [renewed] filed40

13-11  For each renewal of a real estate broker’s,

13-12  broker-salesman’s or corporate broker’s license    [170] 180

13-13  For each renewal of a real estate salesman’s

13-14  license....................................... [130] 140

13-15  For each renewal of a real estate branch office

13-16  license....................................... [100] 110

13-17  For each penalty for late filing of a renewal for a

13-18  broker’s, broker-salesman’s or corporate

13-19  broker’s license............................ [85] 95

13-20  For each penalty for late filing of a renewal for a

13-21  salesman’s license........................ [65] 75

13-22  For each change of name or address[10] 20

13-23  For each transfer of a real estate salesman’s or

13-24  broker-salesman’s license and change of

13-25  association or employment.......... [10] 20

13-26  For each duplicate license where the original

13-27  license is lost or destroyed, and an affidavit is

13-28  made thereof................................. [10] 20

13-29  For each change of broker status from broker to

13-30  broker-salesman, [orthereverse][10] 20

13-31  For each change of broker status from broker-

13-32  salesman to broker.............................. 40

13-33  For each reinstatement to active status of an

13-34  inactive real estate broker’s, broker-salesman’s

13-35  or salesman’s license.................... [10] 20

13-36  For each reinstatement of a real estate broker’s

13-37  license when the licensee fails to give immediate

13-38  written notice to the Division of a change of

13-39  name or business location............ [20] 30

13-40  For each reinstatement of a real estate

13-41  salesman’s or broker-salesman’s license when

13-42  he fails to notify the Division of a change of

13-43  broker within 30 days of termination by previous

13-44  broker............................................ [20] 30

14-1  For each original registration of an owner-

14-2  developer................................... [100] 125

14-3  For each annual renewal of a registration of an

14-4  owner-developer....................... [100] 125

14-5  For each enlargement of the area of an owner-

14-6  developer’s registration................ [15] 50

14-7  For each cooperative certificate issued to an out-

14-8  of-state broker licensee for 1 year or fraction

14-9  thereof......................................... [40] 150

14-10  For each original accreditation of a course of

14-11  continuing education................. [50] 100

14-12  For each renewal of accreditation of a course of

14-13  continuing education.................... [10] 50

14-14  For each annual approval of a course of

14-15  instruction offered in preparation for an

14-16  original license or permit................. 100

 

14-17     2.  The fees prescribed by this section for courses of

14-18  instruction offered in preparation for an original license or permit

14-19  or for courses of continuing education do not apply to [any] :

14-20     (a) Any university or community college of the University and

14-21  Community College System of Nevada.

14-22     (b) Any agency of the State.

14-23     (c) Any regulatory agency of the Federal Government.

14-24     3.  The Commission shall adopt regulations which establish

14-25  the fees to be charged and collected by the Division to pay the

14-26  costs of any investigation of a person’s background.

14-27     Sec. 20.  NRS 645.842 is hereby amended to read as follows:

14-28     645.842  1.  The Real Estate Education, Research and

14-29  Recovery Fund is hereby created as a special revenue fund.

14-30     2.  A balance of not less than $50,000 must be maintained in the

14-31  Fund, to be used for satisfying claims against persons licensed under

14-32  this chapter, as provided in NRS 645.841 to 645.8494, inclusive.

14-33  Any balance over $50,000 at the end of any fiscal year must be set

14-34  aside and used by the Administrator, after approval of the

14-35  Commission, for real estate education and research.

14-36     3.  The interest and income earned on the money in the Fund,

14-37  after deducting any applicable charges, must be credited to the

14-38  Fund.

14-39     Sec. 21.  Chapter 645C of NRS is hereby amended by adding

14-40  thereto the provisions set forth as sections 22, 23 and 24 of this act.

14-41     Sec. 22.  1.  The Administrator may adopt regulations which

14-42  establish procedures for the Division to conduct business

14-43  electronically pursuant to title 59 of NRS with persons who are

14-44  regulated pursuant to this chapter and with any other persons with

15-1  whom the Division conducts business. The regulations may

15-2  include, without limitation, the establishment of fees to pay the

15-3  costs of conducting business electronically with the Division.

15-4      2.  In addition to the process authorized by NRS 719.280, if

15-5  the Division is conducting business electronically with a person

15-6  and a law requires a signature or record to be notarized,

15-7  acknowledged, verified or made under oath, the Division may

15-8  allow the person to substitute a declaration that complies with the

15-9  provisions of NRS 53.045 to satisfy the legal requirement.

15-10     3.  The Division may refuse to conduct business electronically

15-11  with a person who has failed to pay money which the person owes

15-12  to the Division or the Commission.

15-13     Sec. 23.  In addition to any other remedy or penalty, the

15-14  Commission or the Division, as appropriate, may:

15-15     1.  Refuse to issue a certificate, license or registration card to

15-16  a person who has failed to pay money which the person owes to

15-17  the Commission or the Division.

15-18     2.  Refuse to renew, or suspend or revoke, the certificate,

15-19  license or registration card of a person who has failed to pay

15-20  money which the person owes to the Commission or the Division.

15-21     Sec. 24.  1.  In addition to any other remedy or penalty, the

15-22  Commission may impose an administrative fine against any

15-23  person who knowingly:

15-24     (a) Engages or offers to engage in any activity for which a

15-25  certificate, license or registration card or any type of authorization

15-26  is required pursuant to this chapter, or any regulation adopted

15-27  pursuant thereto, if the person does not hold the required

15-28  certificate, license or registration card or has not been given the

15-29  required authorization; or

15-30     (b) Assists or offers to assist another person to commit a

15-31  violation described in paragraph (a).

15-32     2.  If the Commission imposes an administrative fine against a

15-33  person pursuant to this section, the amount of the administrative

15-34  fine may not exceed the amount of any gain or economic benefit

15-35  that the person derived from the violation or $5,000, whichever

15-36  amount is greater.

15-37     3.  In determining the appropriate amount of the

15-38  administrative fine, the Commission shall consider:

15-39     (a) The severity of the violation and the degree of any harm

15-40  that the violation caused to other persons;

15-41     (b) The nature and amount of any gain or economic benefit

15-42  that the person derived from the violation;

15-43     (c) The person’s history or record of other violations; and

15-44     (d) Any other facts or circumstances that the Commission

15-45  deems to be relevant.

16-1      4.  Before the Commission may impose the administrative

16-2  fine, the Commission must provide the person with notice and an

16-3  opportunity to be heard.

16-4      5.  The person is entitled to judicial review of the decision of

16-5  the Commission in the manner provided by chapter 233B of NRS.

16-6      6.  The provisions of this section do not apply to a person who

16-7  engages or offers to engage in activities within the purview of this

16-8  chapter if:

16-9      (a) A specific statute exempts the person from complying with

16-10  the provisions of this chapter with regard to those activities; and

16-11     (b) The person is acting in accordance with the exemption

16-12  while engaging or offering to engage in those activities.

16-13     Sec. 25.  NRS 645C.300 is hereby amended to read as follows:

16-14     645C.300  1.  [Every] Each application for a certificate,

16-15  license or registration card must include the social security number

16-16  of the applicant and be accompanied by the fee for the certificate,

16-17  license or registration card[.

16-18     2.  Each] and the fee to pay the costs of an investigation of the

16-19  applicant’s background.

16-20     2.  Except as otherwise provided in this section, each applicant

16-21  must[:

16-22     (a) At] , as part of his application and at his own expense [and]

16-23  :

16-24     (a) Arrange to have a complete set of his fingerprints taken by

16-25  a law enforcement agency or other authorized entity acceptable to

16-26  the Division on a fingerprint card provided by the law enforcement

16-27  agency or other authorized entity for that purpose; and

16-28     (b) Submit to the Division[, arrange to be fingerprinted by an

16-29  agency of law enforcement; and

16-30     (b) Attach] the completed fingerprint card [to his application.]

16-31  and written permission authorizing the Division to submit the

16-32  applicant’s fingerprints to the Central Repository for Nevada

16-33  Records of Criminal History for submission to the Federal Bureau

16-34  of Investigation for a report on the applicant’s background and to

16-35  such other law enforcement agencies as the Division deems

16-36  necessary.

16-37     3.  The Division may:

16-38     (a) [Mail the card] Submit the applicant’s fingerprints to the

16-39  Central Repository for submission to the Federal Bureau of

16-40  Investigation [or any other agency of] and to such other law

16-41  enforcement[;] agencies as the Division deems necessary; and

16-42     (b) Request from each such [an] agency any information

16-43  regarding the applicant’s [criminal history] background as the

16-44  Division deems necessary.

17-1      4.  The Commission may adopt regulations to establish

17-2  alternative methods for the Division to conduct an investigation of

17-3  the applicant’s background. The Division may use such

17-4  alternative methods in addition to or in lieu of any investigation of

17-5  the applicant’s background based on the fingerprints of the

17-6  applicant.

17-7      Sec. 26.  NRS 645C.450 is hereby amended to read as follows:

17-8      645C.450  1.  The following fees may be charged and

17-9  collected by the Division:

 

17-10  Application for a certificate, license or registration

17-11  card................................................... $100

17-12  Issuance or renewal of a certificate or license as a

17-13  residential appraiser........................... 290

17-14  Issuance or renewal of a certificate as a general

17-15  appraiser.............................................. 390

17-16  Issuance of a permit........................... 115

17-17  Issuance or renewal of a registration card.. 190

17-18  Issuance of a duplicate certificate or license for an

17-19  additional office................................... 50

17-20  Change in the name or location of a business[10] 20

17-21  Reinstatement of an inactive certificate or license[10] 30

17-22  Annual approval of a course of instruction offered in

17-23  preparation for an initial certificate or license    100

17-24  [Annual] Original approval of a course of

17-25  instruction offered for continuing education  100

17-26  Renewal of approval of a course of instruction

17-27  offered for continuing education......... 50

 

17-28     2.  The Division shall adopt regulations which establish the fees

17-29  to be charged and collected by the Division to pay [for:

17-30     (a) The] the costs of:

17-31     (a) Any examination for a certificate or license[; and

17-32     (b) Any additional expenses] , including any costs which are

17-33  necessary for the administration of [the] such an examination.

17-34     (b) Any investigation of a person’s background.

17-35     Sec. 27.  Chapter 645D of NRS is hereby amended by adding

17-36  thereto the provisions set forth as sections 28, 29 and 30 of this act.

17-37     Sec. 28.  1.  The Administrator may adopt regulations which

17-38  establish procedures for the Division to conduct business

17-39  electronically pursuant to title 59 of NRS with persons who are

17-40  regulated pursuant to this chapter and with any other persons with

17-41  whom the Division conducts business. The regulations may

17-42  include, without limitation, the establishment of fees to pay the

17-43  costs of conducting business electronically with the Division.

18-1      2.  In addition to the process authorized by NRS 719.280, if

18-2  the Division is conducting business electronically with a person

18-3  and a law requires a signature or record to be notarized,

18-4  acknowledged, verified or made under oath, the Division may

18-5  allow the person to substitute a declaration that complies with the

18-6  provisions of NRS 53.045 to satisfy the legal requirement.

18-7      3.  The Division may refuse to conduct business electronically

18-8  with a person who has failed to pay money which the person owes

18-9  to the Division.

18-10     Sec. 29.  In addition to any other remedy or penalty, the

18-11  Administrator may:

18-12     1.  Refuse to issue a certificate to a person who has failed to

18-13  pay money which the person owes to the Division.

18-14     2.  Refuse to renew, or suspend or revoke, the certificate of a

18-15  person who has failed to pay money which the person owes to the

18-16  Division.

18-17     Sec. 30.  1.  In addition to any other remedy or penalty, the

18-18  Administrator may impose an administrative fine against any

18-19  person who knowingly:

18-20     (a) Engages or offers to engage in any activity for which a

18-21  certificate or any type of authorization is required pursuant to this

18-22  chapter, or any regulation adopted pursuant thereto, if the person

18-23  does not hold the required certificate or has not been given the

18-24  required authorization; or

18-25     (b) Assists or offers to assist another person to commit a

18-26  violation described in paragraph (a).

18-27     2.  If the Administrator imposes an administrative fine against

18-28  a person pursuant to this section, the amount of the administrative

18-29  fine may not exceed the amount of any gain or economic benefit

18-30  that the person derived from the violation or $5,000, whichever

18-31  amount is greater.

18-32     3.  In determining the appropriate amount of the

18-33  administrative fine, the Administrator shall consider:

18-34     (a) The severity of the violation and the degree of any harm

18-35  that the violation caused to other persons;

18-36     (b) The nature and amount of any gain or economic benefit

18-37  that the person derived from the violation;

18-38     (c) The person’s history or record of other violations; and

18-39     (d) Any other facts or circumstances that the Administrator

18-40  deems to be relevant.

18-41     4.  Before the Administrator may impose the administrative

18-42  fine, the Administrator must provide the person with notice and an

18-43  opportunity to be heard.

19-1      5.  The person is entitled to judicial review of the decision of

19-2  the Administrator in the manner provided by chapter 233B of

19-3  NRS.

19-4      6.  The provisions of this section do not apply to a person who

19-5  engages or offers to engage in activities within the purview of this

19-6  chapter if:

19-7      (a) A specific statute exempts the person from complying with

19-8  the provisions of this chapter with regard to those activities; and

19-9      (b) The person is acting in accordance with the exemption

19-10  while engaging or offering to engage in those activities.

19-11     Sec. 31.  NRS 645D.180 is hereby amended to read as follows:

19-12     645D.180  1.  [Every] Each application for a certificate must

19-13  be accompanied by the fee for the certificate[.

19-14     2.  Each] and the fee to pay the costs of an investigation of the

19-15  applicant’s background.

19-16     2.  Except as otherwise provided in this section, each applicant

19-17  must[:

19-18     (a) At] , as part of his application and at his own expense [and]

19-19  :

19-20     (a) Arrange to have a complete set of his fingerprints taken by

19-21  a law enforcement agency or other authorized entity acceptable to

19-22  the Division on a fingerprint card provided by the law enforcement

19-23  agency or other authorized entity for that purpose; and

19-24     (b) Submit to the Division[, arrange to be fingerprinted by an

19-25  agency of law enforcement; and

19-26     (b) Attach] the completed fingerprint card [to his application.]

19-27  and written permission authorizing the Division to submit the

19-28  applicant’s fingerprints to the Central Repository for Nevada

19-29  Records of Criminal History for submission to the Federal Bureau

19-30  of Investigation for a report on the applicant’s background and to

19-31  such other law enforcement agencies as the Division deems

19-32  necessary.

19-33     3.  The Division may:

19-34     (a) Require more than one complete set of fingerprints;

19-35     (b) [Mail a completed card] Submit the applicant’s fingerprints

19-36  to the Central Repository for submission to the Federal Bureau of

19-37  Investigation [or any other agency of] and to such other law

19-38  enforcement[;] agencies as the Division deems necessary; and

19-39     (c) Request from each such [an] agency any information

19-40  regarding the applicant’s [criminal history] background that the

19-41  Division deems necessary.

19-42     4.  The Division may adopt regulations to establish alternative

19-43  methods for the Division to conduct an investigation of the

19-44  applicant’s background. The Division may use such alternative

20-1  methods in addition to or in lieu of any investigation of the

20-2  applicant’s background based on the fingerprints of the applicant.

20-3      Sec. 32.  NRS 645D.240 is hereby amended to read as follows:

20-4      645D.240  1.  The following fees must be charged and

20-5  collected by the Division:

20-6  [Application] For each application for a certificate  $100

20-7  [Issuance] For the issuance or renewal of a certificate250

20-8  For each penalty for a late renewal of a certificate125

20-9  For each change of name, address or association   20

20-10  For each duplicate certificate where the original is

20-11  lost or destroyed, and an affidavit is made thereof20

20-12  For each reinstatement to active status of an inactive

20-13  certificate.............................................. 20

20-14  For each annual approval of a course of instruction

20-15  offered in preparation for an original certificate   100

20-16  For each original accreditation of a course of

20-17  continuing education....................... 100

20-18  For each renewal of accreditation of a course of

20-19  continuing education......................... 50

20-20     2.  The Division shall adopt regulations which establish the

20-21  fees to be charged and collected by the Division to pay the costs of:

20-22     (a) Any examination for a certificate, including any costs

20-23  which are necessary for the administration of such an

20-24  examination.

20-25     (b) Any investigation of a person’s background.

20-26     Sec. 33.  Chapter 116 of NRS is hereby amended by adding

20-27  thereto the provisions set forth as sections 34, 35 and 36 of this act.

20-28     Sec. 34.  “Division” means the Real Estate Division of the

20-29  Department of Business and Industry.

20-30     Sec. 35.  1.  The Administrator may adopt regulations which

20-31  establish procedures for the Division to conduct business

20-32  electronically pursuant to title 59 of NRS with persons who are

20-33  regulated pursuant to this chapter and with any other persons with

20-34  whom the Division conducts business. The regulations may

20-35  include, without limitation, the establishment of fees to pay the

20-36  costs of conducting business electronically with the Division.

20-37     2.  In addition to the process authorized by NRS 719.280, if

20-38  the Division is conducting business electronically with a person

20-39  and a law requires a signature or record to be notarized,

20-40  acknowledged, verified or made under oath, the Division may

20-41  allow the person to substitute a declaration that complies with the

20-42  provisions of NRS 53.045 to satisfy the legal requirement.

20-43     3.  The Division may refuse to conduct business electronically

20-44  with a person who has failed to pay money which the person owes

20-45  to the Division or the Real Estate Commission.

21-1      Sec. 36.  1.  In addition to any other remedy or penalty, the

21-2  Real Estate Commission may impose an administrative fine

21-3  against any person who knowingly:

21-4      (a) Engages or offers to engage in any activity for which a

21-5  permit or certificate or any type of authorization is required

21-6  pursuant to NRS 116.31139, or any regulation adopted pursuant

21-7  thereto, if the person does not hold the required permit or

21-8  certificate or has not been given the required authorization; or

21-9      (b) Assists or offers to assist another person to commit a

21-10  violation described in paragraph (a).

21-11     2.  If the Real Estate Commission imposes an administrative

21-12  fine against a person pursuant to this section, the amount of the

21-13  administrative fine may not exceed the amount of any gain or

21-14  economic benefit that the person derived from the violation or

21-15  $5,000, whichever amount is greater.

21-16     3.  In determining the appropriate amount of the

21-17  administrative fine, the Real Estate Commission shall consider:

21-18     (a) The severity of the violation and the degree of any harm

21-19  that the violation caused to other persons;

21-20     (b) The nature and amount of any gain or economic benefit

21-21  that the person derived from the violation;

21-22     (c) The person’s history or record of other violations; and

21-23     (d) Any other facts or circumstances that the Real Estate

21-24  Commission deems to be relevant.

21-25     4.  Before the Real Estate Commission may impose the

21-26  administrative fine, the Real Estate Commission must provide the

21-27  person with notice and an opportunity to be heard.

21-28     5.  The person is entitled to judicial review of the decision of

21-29  the Real Estate Commission in the manner provided by chapter

21-30  233B of NRS.

21-31     6.  The provisions of this section do not apply to a person who

21-32  engages or offers to engage in activities within the purview of NRS

21-33  116.31139 if:

21-34     (a) A specific statute exempts the person from complying with

21-35  the provisions of NRS 116.31139 with regard to those activities;

21-36  and

21-37     (b) The person is acting in accordance with the exemption

21-38  while engaging or offering to engage in those activities.

21-39     Sec. 37.  NRS 116.1103 is hereby amended to read as follows:

21-40     116.1103  [In] As used in this chapter and in the declaration

21-41  and bylaws [(NRS 116.3106), unless specifically provided otherwise

21-42  or] of an association, unless the context otherwise requires, [and in

21-43  this chapter,] the words and terms defined in NRS 116.110305 to

21-44  116.110393, inclusive, and section 34 of this act have the meanings

21-45  ascribed to them in those sections.

22-1      Sec. 38.  NRS 116.110305 is hereby amended to read as

22-2  follows:

22-3      116.110305  “Administrator” means the Real Estate

22-4  Administrator . [of the Real Estate Division of the Department of

22-5  Business and Industry.]

22-6      Sec. 39.  NRS 116.1116 is hereby amended to read as follows:

22-7      116.1116  1.  The Office of the Ombudsman for Owners in

22-8  Common-Interest Communities is hereby created within the [Real

22-9  Estate Division of the Department of Business and Industry.]

22-10  Division.

22-11     2.  The Administrator shall appoint the Ombudsman for Owners

22-12  in Common-Interest Communities. The Ombudsman for Owners in

22-13  Common-Interest Communities is in the unclassified service of the

22-14  State.

22-15     3.  The Ombudsman for Owners in Common-Interest

22-16  Communities must be qualified by training and experience to

22-17  perform the duties and functions of his office.

22-18     4.  The Ombudsman for Owners in Common-Interest

22-19  Communities shall:

22-20     (a) Assist in processing claims submitted to mediation or

22-21  arbitration pursuant to NRS 38.300 to 38.360, inclusive;

22-22     (b) Assist owners in common-interest communities to

22-23  understand their rights and responsibilities as set forth in this

22-24  chapter and the governing documents of their associations,

22-25  including, without limitation, publishing materials related to those

22-26  rights and responsibilities;

22-27     (c) Assist persons appointed or elected to serve on executive

22-28  boards of associations to carry out their duties; and

22-29     (d) Compile and maintain a registration of each association

22-30  organized within the state which includes, without limitation:

22-31         (1) The name, address and telephone number of the

22-32  association;

22-33         (2) The name of the person engaged in property management

22-34  for the common-interest community or the name of the person who

22-35  manages the property at the site of the common-interest community;

22-36         (3) The names, mailing addresses and telephone numbers of

22-37  the members of the executive board of the association;

22-38         (4) The name of the declarant;

22-39         (5) The number of units in the common-interest community;

22-40  and

22-41         (6) The total annual assessment made by the association.

22-42     Sec. 40.  NRS 116.31139 is hereby amended to read as

22-43  follows:

22-44     116.31139  1.  An association may employ a person engaged

22-45  in property management for the common-interest community.

23-1      2.  Except as otherwise provided in this section, a person

23-2  engaged in property management for a common-interest community

23-3  must:

23-4      (a) Hold a permit to engage in property management that is

23-5  issued pursuant to the provisions of chapter 645 of NRS; or

23-6      (b) Hold a certificate issued by the Real Estate Commission

23-7  pursuant to subsection 3.

23-8      3.  The Real Estate Commission shall provide by regulation for

23-9  the issuance of certificates for the management of common-interest

23-10  communities to persons who are not otherwise authorized to engage

23-11  in property management pursuant to the provisions of chapter 645 of

23-12  NRS. The regulations:

23-13     (a) Must establish the qualifications for the issuance of such a

23-14  certificate, including the education and experience required to obtain

23-15  such a certificate . [;]

23-16     (b) May require applicants to pass an examination in order to

23-17  obtain a certificate . [;] If the regulations require such an

23-18  examination, the Real Estate Commission shall adopt regulations

23-19  which establish fees to pay the costs of the examination, including

23-20  any costs which are necessary for the administration of the

23-21  examination.

23-22     (c) May require an investigation of an applicant’s background.

23-23  If the regulations require such an investigation, the Real Estate

23-24  Commission shall adopt regulations which establish fees to pay

23-25  the costs of the investigation.

23-26     (d) Must establish standards of practice for persons engaged in

23-27  property management for a common-interest community . [;

23-28     (d)] (e) Must establish the grounds for initiating disciplinary

23-29  action against a person to whom a certificate has been issued,

23-30  including, without limitation, the grounds for placing conditions,

23-31  limitations or restrictions on a certificate and for the suspension or

23-32  revocation of a certificate . [; and

23-33     (e)] (f) Must establish rules of practice and procedure for

23-34  conducting disciplinary hearings.

23-35  The [Real Estate Division of the Department of Business and

23-36  Industry] Division may investigate the property managers to whom

23-37  certificates have been issued to ensure their compliance with the

23-38  standards of practice adopted pursuant to this subsection and collect

23-39  a fee for the issuance of a certificate by the Real Estate Commission

23-40  in an amount not to exceed the administrative costs of issuing the

23-41  certificate.

23-42     4.  In addition to any other remedy or penalty, the Real Estate

23-43  Commission may:

24-1      (a) Refuse to issue a permit or certificate to a person who has

24-2  failed to pay money which the person owes to the Real Estate

24-3  Commission or the Division.

24-4      (b) Refuse to renew, or suspend or revoke, the permit or

24-5  certificate of a person who has failed to pay money which the

24-6  person owes to the Real Estate Commission or the Division.

24-7      5.  The provisions of subsection 2 do not apply to:

24-8      (a) A person who is engaged in property management for a

24-9  common-interest community on October 1, 1999, and is granted an

24-10  exemption from the requirements of subsection 2 by the

24-11  Administrator upon demonstration that he is qualified and

24-12  competent to engage in property management for a common-interest

24-13  community.

24-14     (b) A financial institution.

24-15     (c) An attorney licensed to practice in this state.

24-16     (d) A trustee.

24-17     (e) An employee of a corporation who manages only the

24-18  property of the corporation.

24-19     (f) A declarant.

24-20     (g) A receiver.

24-21     [5.] 6. As used in this section, “property management” means

24-22  the physical, administrative or financial maintenance and

24-23  management of real property, or the supervision of those activities

24-24  for a fee, commission or other compensation or valuable

24-25  consideration.

24-26     Sec. 41.  NRS 116.311391 is hereby amended to read as

24-27  follows:

24-28     116.311391  The expiration or revocation of a certificate for the

24-29  management of a common-interest community by operation of law

24-30  or by order or decision of the Real Estate Commission or a court of

24-31  competent jurisdiction, or the voluntary surrender of such a

24-32  certificate by the holder of the certificate does not:

24-33     1.  Prohibit the [Real Estate Division of the Department of

24-34  Business and Industry or] Real Estate Commission or the Division

24-35  from initiating or continuing an investigation of, or action or

24-36  disciplinary proceeding against, the holder of the certificate as

24-37  authorized pursuant to the provisions of this chapter or the

24-38  regulations adopted pursuant thereto; or

24-39     2.  Prevent the imposition or collection of any fine or penalty

24-40  authorized pursuant to the provisions of this chapter or the

24-41  regulations adopted pursuant thereto against the holder of the

24-42  certificate.

 

 

25-1      Sec. 42.  Chapter 119 of NRS is hereby amended by adding

25-2  thereto the provisions set forth as sections 43, 44 and 45 of this act.

25-3      Sec. 43.  1.  The Administrator may adopt regulations which

25-4  establish procedures for the Division to conduct business

25-5  electronically pursuant to title 59 of NRS with persons who are

25-6  regulated pursuant to this chapter and with any other persons with

25-7  whom the Division conducts business. The regulations may

25-8  include, without limitation, the establishment of fees to pay the

25-9  costs of conducting business electronically with the Division.

25-10     2.  In addition to the process authorized by NRS 719.280, if

25-11  the Division is conducting business electronically with a person

25-12  and a law requires a signature or record to be notarized,

25-13  acknowledged, verified or made under oath, the Division may

25-14  allow the person to substitute a declaration that complies with the

25-15  provisions of NRS 53.045 to satisfy the legal requirement.

25-16     3.  The Division may refuse to conduct business electronically

25-17  with a person who has failed to pay money which the person owes

25-18  to the Division.

25-19     Sec. 44.  In addition to any other remedy or penalty, the

25-20  Administrator may:

25-21     1.  Refuse to issue a license, permit or registration to a person

25-22  who has failed to pay money which the person owes to the

25-23  Division.

25-24     2.  Refuse to renew, or suspend or revoke, the license, permit

25-25  or registration of a person who has failed to pay money which the

25-26  person owes to the Division.

25-27     Sec. 45.  1.  In addition to any other remedy or penalty, the

25-28  Administrator may impose an administrative fine against any

25-29  person who knowingly:

25-30     (a) Engages or offers to engage in any activity for which a

25-31  license, permit or registration or any type of authorization is

25-32  required pursuant to this chapter, or any regulation adopted

25-33  pursuant thereto, if the person does not hold the required license,

25-34  permit or registration or has not been given the required

25-35  authorization; or

25-36     (b) Assists or offers to assist another person to commit a

25-37  violation described in paragraph (a).

25-38     2.  If the Administrator imposes an administrative fine against

25-39  a person pursuant to this section, the amount of the administrative

25-40  fine may not exceed the amount of any gain or economic benefit

25-41  that the person derived from the violation or $5,000, whichever

25-42  amount is greater.

25-43     3.  In determining the appropriate amount of the

25-44  administrative fine, the Administrator shall consider:

26-1      (a) The severity of the violation and the degree of any harm

26-2  that the violation caused to other persons;

26-3      (b) The nature and amount of any gain or economic benefit

26-4  that the person derived from the violation;

26-5      (c) The person’s history or record of other violations; and

26-6      (d) Any other facts or circumstances that the Administrator

26-7  deems to be relevant.

26-8      4.  Before the Administrator may impose the administrative

26-9  fine, the Administrator must provide the person with notice and an

26-10  opportunity to be heard.

26-11     5.  The person is entitled to judicial review of the decision of

26-12  the Administrator in the manner provided by chapter 233B of

26-13  NRS.

26-14     6.  The provisions of this section do not apply to a person who

26-15  engages or offers to engage in activities within the purview of this

26-16  chapter if:

26-17     (a) A specific statute exempts the person from complying with

26-18  the provisions of this chapter with regard to those activities; and

26-19     (b) The person is acting in accordance with the exemption

26-20  while engaging or offering to engage in those activities.

26-21     Sec. 46.  NRS 119.015 is hereby amended to read as follows:

26-22     119.015  “Administrator” means the [chief of the Division.]

26-23  Real Estate Administrator.

26-24     Sec. 47.  NRS 119.184 is hereby amended to read as follows:

26-25     119.184  1.  A subdivision consisting of land situated in the

26-26  State of Nevada or another state must not be advertised or offered

26-27  for sale within the State of Nevada until the advertising and offering

26-28  is approved by the Division. Each advertisement must contain the

26-29  processing number assigned by the Division.

26-30     2.  Each application for approval of advertising must be

26-31  accompanied by [a] :

26-32     (a) A filing fee [not to exceed $200, according to] based on a

26-33  schedule of fees [to be] established by the Division ; and [fees]

26-34     (b) Fees for inspecting the advertising and the property in

26-35  amounts established by the Division.

26-36     3.  The Division shall render a decision upon an application for

26-37  approval of an advertising or offering within 30 days from the date

26-38  the application is filed.

26-39     4.  The Division shall adopt regulations to accomplish the

26-40  purpose of this section.

26-41     Sec. 48.  NRS 119.320 is hereby amended to read as follows:

26-42     119.320  1.  Subject to the provisions of this chapter, the

26-43  Division shall collect the following fees at such times and upon such

26-44  conditions as it may provide by regulation:

 

27-1  For each annual registered representative’s

27-2  license to represent a developer[$65] $85

27-3  For each transfer of a registered representative’s

27-4  license to represent a developer.... [20] 30

27-5  For each penalty for a late renewal of a

27-6  registered representative’s license...... 40

27-7  For each application for a developer’s request for

27-8  an exemption from any provision of this chapter[250] 275

27-9  For each application for renewal of an exemption

27-10  from any provision of this chapter[250] 275

27-11  For each developer’s permit per subdivision  500

27-12  For each developer’s temporary permit for each

27-13  subdivision............................... [250] 275

27-14  For each renewal of a developer’s permit   500

27-15  For each developer’s partial registration pursuant

27-16  to NRS 119.121....................... [250] 275

27-17  For each amendment to a developer’s permit  [100] 150

 

27-18  The $500 fee for a developer’s permit per subdivision does not

27-19  apply to any subdivision having 34 or fewer lots, parcels, interests

27-20  or units.

27-21     2.  At the time of the original filing, each developer shall pay an

27-22  additional $5 for each lot, parcel, interest or unit in any one

27-23  subdivision in excess of 50, but not exceeding 250 such lots,

27-24  parcels, interests or units; $4 for 251 through 500 lots, parcels,

27-25  interests or units in any one subdivision; $3 for 501 through 750

27-26  lots, parcels, interests or units in any one subdivision; and $2.50 for

27-27  all lots, parcels, interests or units in excess of 750 in any one

27-28  subdivision. The developer may designate lots, parcels, interests or

27-29  units it intends to offer for sale or lease in this state out of the

27-30  subdivision, and the fee per lot, parcel, interest or unit is only

27-31  applicable to those lots, parcels, interests or units. The units must be

27-32  designated in groupings of no less than 5 contiguous units in each

27-33  group, except that the Division may accept fewer upon request of

27-34  the developer. If the developer determines to offer additional lots,

27-35  parcels, interests or units, it shall so certify to the Division and pay

27-36  the additional fee therefor.

27-37     3.  With the exception of the fees for a registered

27-38  representative’s license or transfer, the fees enumerated in this

27-39  section must be reduced by the Administrator at such times as, in his

27-40  judgment, he considers a reduction equitable in relation to the

27-41  necessary costs of carrying out the administration and enforcement

27-42  of the provisions of this chapter.

 

 

28-1      Sec. 49.  Chapter 119A of NRS is hereby amended by adding

28-2  thereto the provisions set forth as sections 50, 51 and 52 of this act.

28-3      Sec. 50.  1.  The Administrator may adopt regulations which

28-4  establish procedures for the Division to conduct business

28-5  electronically pursuant to title 59 of NRS with persons who are

28-6  regulated pursuant to this chapter and with any other persons with

28-7  whom the Division conducts business. The regulations may

28-8  include, without limitation, the establishment of fees to pay the

28-9  costs of conducting business electronically with the Division.

28-10     2.  In addition to the process authorized by NRS 719.280, if

28-11  the Division is conducting business electronically with a person

28-12  and a law requires a signature or record to be notarized,

28-13  acknowledged, verified or made under oath, the Division may

28-14  allow the person to substitute a declaration that complies with the

28-15  provisions of NRS 53.045 to satisfy the legal requirement.

28-16     3.  The Division may refuse to conduct business electronically

28-17  with a person who has failed to pay money which the person owes

28-18  to the Division.

28-19     Sec. 51.  In addition to any other remedy or penalty, the

28-20  Administrator may:

28-21     1.  Refuse to issue a license, permit, certificate or registration

28-22  to a person who has failed to pay money which the person owes to

28-23  the Division.

28-24     2.  Refuse to renew, or suspend or revoke, the license, permit,

28-25  certificate or registration of a person who has failed to pay money

28-26  which the person owes to the Division.

28-27     Sec. 52.  1.  In addition to any other remedy or penalty, the

28-28  Administrator may impose an administrative fine against any

28-29  person who knowingly:

28-30     (a) Engages or offers to engage in any activity for which a

28-31  license, permit, certificate or registration or any type of

28-32  authorization is required pursuant to this chapter, or any

28-33  regulation adopted pursuant thereto, if the person does not hold

28-34  the required license, permit, certificate or registration or has not

28-35  been given the required authorization; or

28-36     (b) Assists or offers to assist another person to commit a

28-37  violation described in paragraph (a).

28-38     2.  If the Administrator imposes an administrative fine against

28-39  a person pursuant to this section, the amount of the administrative

28-40  fine may not exceed the amount of any gain or economic benefit

28-41  that the person derived from the violation or $5,000, whichever

28-42  amount is greater.

28-43     3.  In determining the appropriate amount of the

28-44  administrative fine, the Administrator shall consider:

29-1      (a) The severity of the violation and the degree of any harm

29-2  that the violation caused to other persons;

29-3      (b) The nature and amount of any gain or economic benefit

29-4  that the person derived from the violation;

29-5      (c) The person’s history or record of other violations; and

29-6      (d) Any other facts or circumstances that the Administrator

29-7  deems to be relevant.

29-8      4.  Before the Administrator may impose the administrative

29-9  fine, the Administrator must provide the person with notice and an

29-10  opportunity to be heard.

29-11     5.  The person is entitled to judicial review of the decision of

29-12  the Administrator in the manner provided by chapter 233B of

29-13  NRS.

29-14     6.  The provisions of this section do not apply to a person who

29-15  engages or offers to engage in activities within the purview of this

29-16  chapter if:

29-17     (a) A specific statute exempts the person from complying with

29-18  the provisions of this chapter with regard to those activities; and

29-19     (b) The person is acting in accordance with the exemption

29-20  while engaging or offering to engage in those activities.

29-21     Sec. 53.  NRS 119A.210 is hereby amended to read as follows:

29-22     119A.210  1.  The Administrator shall issue a sales agent’s

29-23  license to each applicant who submits an application to the Division,

29-24  in the manner provided by the Division, which includes:

29-25     (a) Satisfactory evidence, affirmed by the project broker or

29-26  another acceptable source, that the applicant has completed 14 hours

29-27  of instruction in:

29-28         (1) Ethics.

29-29         (2) The applicable laws and regulations relating to time

29-30  shares.

29-31         (3) Principles and practices of selling time shares.

29-32     (b) Satisfactory evidence that he has a reputation for honesty,

29-33  trustworthiness and competence.

29-34     (c) A designation of the developer for whom he proposes to sell

29-35  time shares.

29-36     (d) The social security number of the applicant.

29-37     (e) Any further information required by the Division, including

29-38  the submission by the applicant to any investigation by the police or

29-39  the Division.

29-40     2.  In addition to or in lieu of the 14 hours of instruction

29-41  required by paragraph (a) of subsection 1, the applicant may be

29-42  required to pass an examination which may be adopted by the

29-43  Division to examine satisfactorily the knowledge of the applicant in

29-44  those areas of instruction listed in paragraph (a) of subsection 1.

30-1      3.  [The application must be accompanied by] Each applicant

30-2  must submit the statement required pursuant to NRS 119A.263 and

30-3  [a fee of $75. The fee must be used by the Division to] pay the

30-4  [costs of investigating, acting upon and reviewing applications for

30-5  sales agents’ licenses.] fees provided for in this chapter.

30-6      4.  Except as otherwise provided in this section, each

30-7  applicant must, as part of his application and at his own expense:

30-8      (a) Arrange to have a complete set of his fingerprints taken by

30-9  a law enforcement agency or other authorized entity acceptable to

30-10  the Division on a fingerprint card provided by the law enforcement

30-11  agency or other authorized entity for that purpose; and

30-12     (b) Submit to the Division the completed fingerprint card and

30-13  written permission authorizing the Division to submit the

30-14  applicant’s fingerprints to the Central Repository for Nevada

30-15  Records of Criminal History for submission to the Federal Bureau

30-16  of Investigation for a report on the applicant’s background and to

30-17  such other law enforcement agencies as the Division deems

30-18  necessary.

30-19     5.  The Division may:

30-20     (a) Submit the applicant’s fingerprints to the Central

30-21  Repository for submission to the Federal Bureau of Investigation

30-22  and to such other law enforcement agencies as the Division deems

30-23  necessary; and

30-24     (b) Request from each such agency any information regarding

30-25  the applicant’s background as the Division deems necessary.

30-26     6.  A person who is licensed as a salesman pursuant to chapter

30-27  645 of NRS is not required to obtain a license pursuant to the

30-28  provisions of this section.

30-29     [5.  Upon the issuance of a license to an applicant, the applicant

30-30  must pay a fee of $100 for the license and an additional fee of $25

30-31  for investigation.

30-32     6.] 7. Each sales agent’s license issued pursuant to this section

30-33  expires 2 years after the last day of the calendar month in which it

30-34  was issued and must be renewed on or before that date. Each

30-35  licensee[must pay a] who submits the statement required pursuant

30-36  to NRS 119A.263 and meets the requirements for renewal may

30-37  renew his license upon the payment of the renewal fee [of $100.

30-38     7.] before his license expires.

30-39     8.  If a [sales agent] licensee fails to [pay the renewal fee before

30-40  the expiration of] renew his license[,] before it expires, the license

30-41  may be reinstated if the licensee submits the statement and pays [a

30-42  reinstatement fee of $50 and] the renewal fee and the penalty

30-43  specified in NRS 119A.360 within 1 year after the license expires.

30-44     [8.] 9. The Administrator may adopt regulations [establishing]

30-45  :

31-1      (a) Establishing and governing requirements for the continuing

31-2  education of sales agents.

31-3      (b) Establishing alternative methods for the Division to

31-4  conduct an investigation of the applicant’s background. The

31-5  Division may use such alternative methods in addition to or in lieu

31-6  of any investigation of the applicant’s background based on the

31-7  fingerprints of the applicant.

31-8      Sec. 54.  NRS 119A.250 is hereby amended to read as follows:

31-9      119A.250  1.  The registration of a representative issued

31-10  pursuant to this chapter expires 1 year after its issuance.

31-11     2.  Each representative who submits the statement required

31-12  pursuant to NRS 119A.263 and meets the requirements for renewal

31-13  adopted by the Division may renew his registration upon the

31-14  payment of the annual renewal fee before [the expiration of] his

31-15  registration[.] expires.

31-16     3.  If a representative fails to [pay the annual renewal fee before

31-17  the expiration of] renew his registration[,] before it expires, the

31-18  registration may be reinstated upon the submission of the statement

31-19  and the payment of the [reinstatement fee in addition to the] annual

31-20  renewal fee[. A registration may be reinstated under this subsection

31-21  only if the statement is submitted and the fees are paid] and the

31-22  penalty specified in NRS 119A.360 within 1 year after the

31-23  registration expires.

31-24     4.  A representative issued a registration shall not change his

31-25  association to another developer or change his location with the

31-26  same developer unless he has obtained from the Division a transfer

31-27  of his registration for its unexpired term. An application to the

31-28  Division for the transfer of his registration for the unexpired term

31-29  must be accompanied by the fee specified in NRS 119A.360 for the

31-30  transfer of registration.

31-31     Sec. 55.  NRS 119A.360 is hereby amended to read as follows:

31-32     119A.360  1.  The Division shall collect the following fees at

31-33  such times and upon such conditions as it may provide by

31-34  regulation:

 

31-35  [Application fee for preliminary permit to sell

31-36  time shares........................................ $250

31-37  Application fee] For each application for the

31-38  registration of a representative.... [65] 85

31-39  For each renewal of the registration of a

31-40  representative................................ [65] 85

31-41  [Application fee for] For each transfer of the

31-42  registration of a representative to a different

31-43  developer or location........................... 20

32-1  For [reinstatement] each penalty for a late

32-2  renewal of the registration of a representative   [25] 40

32-3  For each preliminary permit to sell time shares   275

32-4  For each permit to sell time shares, per

32-5  subdivision.......................................... 500

32-6  For each amendment to a public offering

32-7  statement after the issuance of the report[100] 150

32-8  For each renewal of a permit to sell time shares    500

32-9  For each original and annual registration of a

32-10  manager............................................... 75

32-11  For each application for an original license as a

32-12  sales agent......................................... 175

32-13  For each renewal of a license as a sales agent    175

32-14  For each penalty for a late renewal of a license

32-15  as a sales agent.................................... 75

32-16  For each change of name or address20

32-17  For each duplicate license, permit or

32-18  registration where the original is lost or

32-19  destroyed, and an affidavit is made thereof20

32-20  For each annual approval of a course of

32-21  instruction offered in preparation for an

32-22  original license or permit................. 100

32-23  For each original accreditation of a course of

32-24  continuing education....................... 100

32-25  For each renewal of accreditation of a course of

32-26  continuing education......................... 50

 

32-27     2.  Each developer shall pay an additional fee for each time

32-28  share he sells in a time-share plan over 50 pursuant to the following

32-29  schedule:

 

32-30                                                                                                  Amount to be

32-31     Number of time shares                                                   paid per time share

 

32-32         51—250.......................................... $5.00

32-33       251—500............................................. 4.00

32-34       501—750............................................. 3.00

32-35     751—1500............................................. 2.50

32-36       over 1500............................................. 1.00

 

32-37     3.  Except for the fees relating to the registration of a

32-38  representative, the Administrator may reduce the fees established by

32-39  this section if the reduction is equitable in relation to the costs of

32-40  carrying out the provisions of this chapter.

33-1      4.  The Division shall adopt regulations which establish the

33-2  fees to be charged and collected by the Division to pay the costs of:

33-3      (a) Any examination for a license, including any costs which

33-4  are necessary for the administration of such an examination.

33-5      (b) Any investigation of a person’s background.

33-6      Sec. 56.  NRS 119A.532 is hereby amended to read as follows:

33-7      119A.532  1.  A person who wishes to engage in the business

33-8  of, act in the capacity of, advertise or assume to act as a manager

33-9  shall register with the Division on a form prescribed by the

33-10  Division.

33-11     2.  The form for registration must include, without limitation:

33-12     (a) The registered name of the time-share plan or the project, or

33-13  both, that the manager will manage;

33-14     (b) The address and telephone number of the manager’s

33-15  principal place of business;

33-16     (c) The social security number of the manager; and

33-17     (d) The name of the manager’s responsible managing employee.

33-18     3.  The form for registration must be accompanied by:

33-19     (a) Satisfactory evidence, acceptable to the Division, that the

33-20  manager and his employees have obtained fidelity bonds in

33-21  accordance with regulations adopted by the Division; and

33-22     (b) The statement required pursuant to NRS 119A.263.

33-23     4.  The Division [may collect a fee for registering a manager in

33-24  an amount not to exceed the administrative costs of] shall collect

33-25  the fee specified in NRS 119A.360 upon registering the manager[.]

33-26  and annually thereafter to maintain the registration.

33-27     5.  As used in this section, “responsible managing employee”

33-28  means the person designated by the manager to:

33-29     (a) Make technical and administrative decisions in connection

33-30  with the manager’s business; and

33-31     (b) Hire, superintend, promote, transfer, lay off, discipline or

33-32  discharge other employees or recommend such action on behalf of

33-33  the manager.

33-34     Sec. 57.  Chapter 119B of NRS is hereby amended by adding

33-35  thereto the provisions set forth as sections 58 to 61, inclusive, of this

33-36  act.

33-37     Sec. 58.  “Division” means the Real Estate Division of the

33-38  Department of Business and Industry.

33-39     Sec. 59.  1.  The Administrator may adopt regulations which

33-40  establish procedures for the Division to conduct business

33-41  electronically pursuant to title 59 of NRS with persons who are

33-42  regulated pursuant to this chapter and with any other persons with

33-43  whom the Division conducts business. The regulations may

33-44  include, without limitation, the establishment of fees to pay the

33-45  costs of conducting business electronically with the Division.

34-1      2.  In addition to the process authorized by NRS 719.280, if

34-2  the Division is conducting business electronically with a person

34-3  and a law requires a signature or record to be notarized,

34-4  acknowledged, verified or made under oath, the Division may

34-5  allow the person to substitute a declaration that complies with the

34-6  provisions of NRS 53.045 to satisfy the legal requirement.

34-7      3.  The Division may refuse to conduct business electronically

34-8  with a person who has failed to pay money which the person owes

34-9  to the Division.

34-10     Sec. 60.  In addition to any other remedy or penalty, the

34-11  Administrator may:

34-12     1.  Refuse to issue a permit to a person who has failed to pay

34-13  money which the person owes to the Division.

34-14     2.  Refuse to renew, or suspend or revoke, the permit of a

34-15  person who has failed to pay money which the person owes to the

34-16  Division.

34-17     Sec. 61.  1.  In addition to any other remedy or penalty, the

34-18  Administrator may impose an administrative fine against any

34-19  person who knowingly:

34-20     (a) Engages or offers to engage in any activity for which a

34-21  permit or any type of authorization is required pursuant to this

34-22  chapter, or any regulation adopted pursuant thereto, if the person

34-23  does not hold the required permit or has not been given the

34-24  required authorization; or

34-25     (b) Assists or offers to assist another person to commit a

34-26  violation described in paragraph (a).

34-27     2.  If the Administrator imposes an administrative fine against

34-28  a person pursuant to this section, the amount of the administrative

34-29  fine may not exceed the amount of any gain or economic benefit

34-30  that the person derived from the violation or $5,000, whichever

34-31  amount is greater.

34-32     3.  In determining the appropriate amount of the

34-33  administrative fine, the Administrator shall consider:

34-34     (a) The severity of the violation and the degree of any harm

34-35  that the violation caused to other persons;

34-36     (b) The nature and amount of any gain or economic benefit

34-37  that the person derived from the violation;

34-38     (c) The person’s history or record of other violations; and

34-39     (d) Any other facts or circumstances that the Administrator

34-40  deems to be relevant.

34-41     4.  Before the Administrator may impose the administrative

34-42  fine, the Administrator must provide the person with notice and an

34-43  opportunity to be heard.

35-1      5.  The person is entitled to judicial review of the decision of

35-2  the Administrator in the manner provided by chapter 233B of

35-3  NRS.

35-4      6.  The provisions of this section do not apply to a person who

35-5  engages or offers to engage in activities within the purview of this

35-6  chapter if:

35-7      (a) A specific statute exempts the person from complying with

35-8  the provisions of this chapter with regard to those activities; and

35-9      (b) The person is acting in accordance with the exemption

35-10  while engaging or offering to engage in those activities.

35-11     Sec. 62.  NRS 119B.010 is hereby amended to read as follows:

35-12     119B.010  As used in this chapter, unless the context otherwise

35-13  requires, the words and terms defined in NRS 119B.020 to

35-14  119B.100, inclusive, and section 58 of this act have the meanings

35-15  ascribed to them in those sections.

35-16     Sec. 63.  NRS 119B.210 is hereby amended to read as follows:

35-17     119B.210  1.  The Administrator shall collect the following

35-18  fees at such times and upon such conditions as he may provide by

35-19  regulation:

 

35-20  For an initial permit to sell memberships in a

35-21  campground...................................... $500

35-22  For each renewal of a permit............ 500

35-23  For each amendment to a public offering

35-24  statement after the issuance of the report[100] 150

35-25  [Application fee] For each application for the

35-26  registration of a representative.... [65] 85

35-27  For each renewal of the registration of a

35-28  representative................................ [65] 85

35-29  For each transfer of [a] the registration of a

35-30  representative to a different developer or location20

35-31  For [reinstatement] each penalty for a late

35-32  renewal of the registration of a representative   [25] 40

35-33  For each change of name or address20

           

35-34     2.  Each developer shall pay an additional fee for each

35-35  membership he sells in a campground in which more than 50

35-36  memberships are available pursuant to the following schedule:

 

35-37                                                                                                  Amount to be

35-38     Number of memberships                                              paid per membership

 

35-39         51—250.......................................... $5.00

35-40       251—500............................................. 4.00

35-41       501—750............................................. 3.00

36-1      751—1500............................................. 2.50

36-2        over 1500............................................. 1.00

 

36-3      3.  The Administrator may reduce the fees established by this

36-4  section if the reduction is equitable in relation to the costs of

36-5  carrying out the provisions of this chapter.

36-6      Sec. 64.  NRS 645.849 is hereby repealed.

36-7      Sec. 65.  1.  This act becomes effective on July 1, 2003.

36-8      2.  Sections 11, 17, 25, 53, 54 and 56 of this act expire by

36-9  limitation on the date on which the provisions of 42 U.S.C. § 666

36-10  requiring each state to establish procedures under which the state

36-11  has authority to withhold or suspend, or to restrict the use of

36-12  professional, occupational and recreational licenses of persons who:

36-13     (a) Have failed to comply with a subpoena or warrant relating to

36-14  a proceeding to determine the paternity of a child or to establish or

36-15  enforce an obligation for the support of a child; or

36-16     (b) Are in arrears in the payment for the support of one or more

36-17  children,

36-18  are repealed by the Congress of the United States.

 

36-19  TEXT OF REPEALED SECTION

 

36-20     645.849  Filing false document with Administrator

36-21   unlawful; penalty.

36-22     1.  It is unlawful for any person to file with the Administrator

36-23   any notice, statement or other document required under the

36-24   provisions of NRS 645.841 to 645.8494, inclusive, which is false or

36-25   which contains any willful, material misstatement of fact.

36-26     2.  Violation of subsection 1 is a gross misdemeanor.

 

36-27  H