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)     exempt

                                                 (Reprinted with amendments adopted on April 21, 2003)

 

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 all

3-7  financial accounts related to the business of a real estate broker,

3-8  regardless of whether it is a trust account, if the Division has

3-9  reasonable cause to believe that the broker is using or has used the

3-10  account to operate or carry on the broker’s business and the

3-11  Division:

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

3-13  complaint that the real estate broker is insolvent or is in any

3-14  financial condition or has engaged in any financial practice which

3-15  creates a substantial risk of insolvency; or

3-16      (b) Determines that the investigation and audit is reasonably

3-17  necessary to assist the Division in administering or enforcing any

3-18  other provision of this chapter or any other statute that the

3-19  Division is charged with administering or enforcing.

3-20      2.  The Commission shall adopt regulations prescribing the

3-21  scope of an audit conducted pursuant to this section.

3-22      3.  The Commission may take action pursuant to NRS 645.630

3-23  against:

3-24      (a) Any real estate broker or other licensee who knowingly

3-25  fails to cooperate or comply with or knowingly impedes or

3-26  interferes with any investigation or audit conducted by the

3-27  Division pursuant to this section; or

3-28      (b) Any real estate broker who is insolvent or who is in any

3-29  financial condition or has engaged in any financial practice which

3-30  creates a substantial risk of insolvency.

3-31      4.  As used in this section, “insolvent” or “insolvency” means

3-32  a condition in which a real estate broker is unable to meet the

3-33  liabilities of the broker’s business as those liabilities become due

3-34  in the regular course of the broker’s business and which creates a

3-35  substantial risk of harm to the public or a consumer.

3-36      Sec. 6.  In addition to any other remedy or penalty, the

3-37  Commission or the Division, as appropriate, may:

3-38      1.  Refuse to issue a license, permit, certificate or registration

3-39  to a person who has failed to pay money which the person owes to

3-40  the Commission or the Division.

3-41      2.  Refuse to renew, or suspend or revoke, the license, permit,

3-42  certificate or registration of a person who has failed to pay money

3-43  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.  (Deleted by amendment.)

5-31      Sec. 12.  NRS 645.355 is hereby amended to read as follows:

5-32      645.355  [An]

5-33      1.  Each applicant for a license as a real estate broker, broker-

5-34  salesman or salesman [in this state] must pay a fee for the costs of

5-35  an investigation of the applicant’s background.

5-36      2.  Each applicant must, as part of his application[, be

5-37  fingerprinted. Each applicant shall,] and at his own expense[, and] :

5-38      (a) Arrange to have a complete set of his fingerprints taken by

5-39  a law enforcement agency or other authorized entity acceptable to

5-40  the Division on a fingerprint card provided by the law enforcement

5-41  agency or other authorized entity for that purpose; and

5-42      (b) Submit to the Division[, arrange to be fingerprinted by any

5-43  police or sheriff’s office and shall attach his] the fingerprint card [,

5-44  after his fingerprints are taken, to his application.] and written

5-45  permission authorizing the Division to submit the applicant’s

6-1  fingerprints to the Central Repository for Nevada Records of

6-2  Criminal History for submission to the Federal Bureau of

6-3  Investigation for a report on the applicant’s background and to

6-4  such other law enforcement agencies as the Division deems

6-5  necessary.

6-6  3.  The Division may [mail] :

6-7  (a) Submit the applicant’s [fingerprint card to the Federal

6-8  Bureau of Investigation, Washington, D.C., for its report,]

6-9  fingerprints to the Central Repository for submission to the

6-10  Federal Bureau of Investigation and to such other law enforcement

6-11  agencies as the Division [may deem necessary.] deems necessary;

6-12  and

6-13      (b) Request from each such agency any information regarding

6-14  the applicant’s background as the Division deems necessary.

6-15      Sec. 13.  NRS 645.490 is hereby amended to read as follows:

6-16      645.490  1.  Upon satisfactorily passing the written

6-17  examination and upon complying with all other provisions of law

6-18  and conditions of this chapter, a license shall thereupon be granted

6-19  by the Division to the successful applicant therefor as a real estate

6-20  broker, broker-salesman or salesman, and the applicant, upon

6-21  receiving the license, may conduct the business of a real estate

6-22  broker, broker-salesman or salesman in this state.

6-23      2.  The Division shall issue licenses as a real estate broker,

6-24  broker-salesman or salesman to all applicants who qualify and

6-25  comply with all provisions of law and all requirements of this

6-26  chapter.

6-27      3.  [A] Except as otherwise provided in NRS 645.840:

6-28      (a) An original license as a real estate broker, broker-salesman

6-29  or salesman [shall renew his license] must be renewed with the

6-30  Division [within 1 year immediately after initial licensing and

6-31  thereafter shall renew his license every 2 years.] before the

6-32  expiration of the initial license period of 12 consecutive months as

6-33  prescribed in NRS 645.780; and

6-34      (b) Thereafter, the license must be renewed with the Division

6-35  before the expiration of each subsequent license period of 24

6-36  consecutive months as prescribed in NRS 645.780.

6-37      Sec. 14.  NRS 645.575 is hereby amended to read as follows:

6-38      645.575  1.  The Commission shall adopt regulations that

6-39  prescribe the standards for the continuing education of persons

6-40  licensed pursuant to this chapter . [by adopting regulations which

6-41  include:] Until the Commission adopts such regulations, the

6-42  standards for continuing education are as follows:

6-43      (a) For renewal of a license which is on active status, a

6-44  requirement for the hours of attendance at any approved educational

6-45  course, seminar or conference of:

7-1       (1) Thirty hours within the first year immediately after initial

7-2  licensing; and

7-3       (2) Fifteen hours within each subsequent 2-year period

7-4  before renewal.

7-5  For each period, at least 6 of the hours must be devoted to ethics,

7-6  professional conduct or the legal aspects of real estate.

7-7  (b) For reinstatement of a license which has been placed on

7-8  inactive status, a requirement for total attendance at any approved

7-9  educational course, seminar or conference of:

7-10          (1) Thirty hours if the license was on inactive status for 2

7-11  years or less during the initial license period;

7-12          (2) Fifteen hours if the license was on inactive status for a

7-13  period of 2 years or less, no part of which was during the initial

7-14  license period;

7-15          (3) Forty-five hours if the license was on inactive status for a

7-16  period of more than 2 years, part of which was during the initial

7-17  license period; or

7-18          (4) Thirty hours if the license was on inactive status for a

7-19  period of more than 2 years, no part of which was during the initial

7-20  license period.

7-21  For each period, at least 6 of the hours must be devoted to ethics,

7-22  professional conduct or the legal aspects of real estate.

7-23      (c) A basis and method of qualifying educational programs and

7-24  certifying attendance which will satisfy the requirements of this

7-25  section.

7-26      (d) A procedure for the evaluation of petitions based on a claim

7-27  of equivalency with the requirements of paragraph (a) or (b).

7-28      (e) A system of controlling and reporting qualifying attendance.

7-29      (f) A statement of the conditions for which an extension of time

7-30  may be granted to comply with the continuing education

7-31  requirements as well as a method of applying and qualifying for an

7-32  extension.

7-33      2.  The standards prescribed in subsection 1 must permit

7-34  alternatives of subject material, taking cognizance of specialized

7-35  areas of practice and alternatives in sources of programs considering

7-36  availability in area and time. The standards must include, where

7-37  qualified, generally accredited educational institutions, private

7-38  vocational schools, educational programs and seminars of

7-39  professional societies and organizations, other organized educational

7-40  programs on technical subjects, or equivalent offerings. The

7-41  Commission shall qualify only those educational courses that it

7-42  determines address the appropriate subject matter and are given by

7-43  an accredited university or community college. Subject to the

7-44  provisions of this section, the Commission has exclusive authority

8-1  to determine what is an appropriate subject matter for qualification

8-2  as a continuing education course.

8-3  3.  In addition to any other standards for continuing

8-4  education that the Commission adopts by regulation pursuant to

8-5  this section, the Commission may, without limitation, adopt by

8-6  regulation standards for continuing education that:

8-7  (a) Establish a post-licensing curriculum of continuing

8-8  education which must be completed by a person within the first

8-9  year immediately after initial licensing of the person.

8-10      (b) Require a person whose license as a real estate broker or

8-11  real estate broker-salesman has been placed on inactive status for

8-12  any reason for 1 year or more or has been suspended or revoked to

8-13  complete a course of instruction in broker management that is

8-14  designed to fulfill the educational requirements for issuance of a

8-15  license which are described in paragraph (d) of subsection 2 of

8-16  NRS 645.343, before the person’s license is reissued or reinstated.

8-17      4.  Except as otherwise provided in this subsection, the license

8-18  of a real estate broker, broker-salesman or salesman must not be

8-19  renewed or reinstated unless the Administrator finds that the

8-20  applicant for the renewal license or for reinstatement to active status

8-21  has completed the continuing education required by this chapter.

8-22  Any amendment or repeal of a regulation does not operate to

8-23  prevent an applicant from complying with this section for the next

8-24  licensing period following the amendment or repeal.

8-25      Sec. 15.  NRS 645.6052 is hereby amended to read as follows:

8-26      645.6052  1.  A person who is licensed pursuant to this chapter

8-27  as a real estate broker, real estate broker-salesman or real estate

8-28  salesman may apply to the Real Estate Division for a permit to

8-29  engage in property management.

8-30      2.  An applicant for a permit must:

8-31      (a) Furnish proof satisfactory to the Division that he has

8-32  successfully completed at least 24 classroom hours of instruction in

8-33  property management; and

8-34      (b) Comply with all other requirements established by the

8-35  Commission for the issuance of a permit.

8-36      3.  A permit expires, and may be renewed, at the same time as

8-37  the license of the holder of the permit.

8-38      4.  An applicant for the renewal of a permit must:

8-39      (a) Furnish proof satisfactory to the Division that he has

8-40  successfully completed at least 3 of the hours of the continuing

8-41  education required for the renewal of his license pursuant to NRS

8-42  645.575 in an approved educational course, seminar or conference

8-43  concerning property management; and

8-44      (b) Comply with all other requirements established by the

8-45  Commission for the renewal of a permit.

9-1  5.  The Commission may adopt such regulations as it

9-2  determines are necessary to carry out the provisions of this section.

9-3  The regulations may, without limitation:

9-4  (a) Establish additional requirements for the issuance or renewal

9-5  of a permit.

9-6  (b) Establish [a fee] fees for the issuance and renewal of a

9-7  permit[.] and fees to pay the costs of:

9-8       (1) Any examination for a permit, including any costs

9-9  which are necessary for the administration of such an

9-10  examination.

9-11          (2) Any investigation of an applicant’s background.

9-12      (c) Set forth standards of education for the approval of a course

9-13  of instruction to qualify [a person] an applicant for a permit .

9-14  [pursuant to this section.]

9-15      Sec. 16.  NRS 645.6058 is hereby amended to read as follows:

9-16      645.6058  1.  Except as otherwise provided in subsection 3, all

9-17  fees, penalties and fines received by the Division pursuant to the

9-18  provisions of NRS 645.6052 to 645.6058, inclusive, and section 3

9-19  of this act must be deposited with the State Treasurer for credit to

9-20  the Division. The money must be used by the Division for the

9-21  administration of the provisions of NRS 645.6052 to 645.6058,

9-22  inclusive[.] , and section 3 of this act.

9-23      2.  The Division may delegate to a hearing officer or panel its

9-24  authority to take any disciplinary action against property managers,

9-25  impose and collect fines pursuant to the disciplinary action and

9-26  deposit the money with the State Treasurer for credit to the

9-27  Division.

9-28      3.  If a hearing officer or panel is not authorized to take

9-29  disciplinary action pursuant to subsection 2, the Division shall

9-30  deposit the money collected from the imposition of penalties and

9-31  fines collected from property managers with the State Treasurer for

9-32  credit to the State General Fund. The Division may present a claim

9-33  to the State Board of Examiners for recommendation to the Interim

9-34  Finance Committee if money is needed to pay an attorney’s fee or

9-35  the costs of an investigation, or both.

9-36      Sec. 17.  NRS 645.6065 is hereby amended to read as follows:

9-37      645.6065  1.  Except as otherwise provided in NRS 645.607, a

9-38  person shall not act as a qualified intermediary unless he is

9-39  registered as such with the Division. The Division may adopt such

9-40  regulations as it deems necessary to carry out the provisions of NRS

9-41  645.606 to 645.609, inclusive.

9-42      2.  [A person may] To apply for registration [by paying to] , a

9-43  person must pay the Division a fee of $100 [fee plus the actual cost

9-44  of a background investigation conducted by the Federal Bureau of

10-1  Investigation and filing with] and a fee to pay the costs of an

10-2  investigation of the person’s background.

10-3      3.  In addition to the requirements set forth in subsection 2,

10-4  the person must submit to the Division:

10-5      (a) The following information on a form provided by the

10-6  Division:

10-7          (1) The applicant’s name, address and telephone number;

10-8          (2) The name under which the applicant will hold the money

10-9  or other property of a client;

10-10         (3) The names, residence and business addresses of all

10-11  persons having an interest in the business as principals, partners,

10-12  officers, trustees or directors, specifying the capacity and title of

10-13  each;

10-14         (4) If the applicant is a natural person, the social security

10-15  number of the applicant; and

10-16         (5) The length of time the applicant has been engaged in the

10-17  business of acting as such an intermediary; and

10-18     (b) If the person is a natural person, the statement required

10-19  pursuant to NRS 645.6068 . [; and

10-20     (c) A card provided by the Division upon which the applicant’s

10-21  fingerprints, taken by an agency of law enforcement, are displayed.

10-22     3.] 4.  Each applicant must, as part of his application and at

10-23  his own expense:

10-24     (a) Arrange to have a complete set of his fingerprints taken by

10-25  a law enforcement agency or other authorized entity acceptable to

10-26  the Division on a fingerprint card provided by the law enforcement

10-27  agency or other authorized entity for that purpose; and

10-28     (b) Submit to the Division the completed fingerprint card and

10-29  written permission authorizing the Division to submit the

10-30  applicant’s fingerprints to the Central Repository for Nevada

10-31  Records of Criminal History for submission to the Federal Bureau

10-32  of Investigation for a report on the applicant’s background and to

10-33  such other law enforcement agencies as the Division deems

10-34  necessary.

10-35     5.  The Division [shall:

10-36     (a) Mail the card upon which the applicant’s fingerprints are

10-37  displayed] may:

10-38     (a) Submit the applicant’s fingerprints to the Central

10-39  Repository for submission to the Federal Bureau of Investigation[;]

10-40  and to such other law enforcement agencies as the Division deems

10-41  necessary; and

10-42     (b) Request from [the Bureau] each such agency any

10-43  information regarding the applicant’s [criminal history] background

10-44  as the Division deems necessary.

11-1      [4.] 6. Registration pursuant to this section must be renewed

11-2  each year on or before the date of the original registration by

11-3  providing the information required by the Division for that purpose

11-4  and paying a renewal fee of $75.

11-5      Sec. 18.  NRS 645.780 is hereby amended to read as follows:

11-6      645.780  [Every]

11-7      1.  Each license issued under the provisions of this chapter

11-8  expires at midnight on the last day of the last month of [a] the

11-9  applicable license period[. A] for the license.

11-10     2.  The initial license period for an original license as a real

11-11  estate broker, broker-salesman or salesman is a period of 12

11-12  consecutive months beginning on the first day of the first calendar

11-13  month after the original license is issued by the Division.

11-14  Thereafter, each subsequent license period is a period of 24

11-15  consecutive months beginning on the first day of the first calendar

11-16  month after a renewal of the license is issued[.] by the Division for

11-17  the subsequent license period.

11-18     3.  For all other licenses, the license period is a period of 24

11-19  consecutive months beginning on the first day of the first calendar

11-20  month after the license or any renewal of the license is issued by

11-21  the Division, unless a specific statute:

11-22     (a) Provides for a different license period; or

11-23     (b) Expressly authorizes a different license period to be

11-24  provided for by regulation.

11-25     Sec. 19.  NRS 645.830 is hereby amended to read as follows:

11-26     645.830  1.  The following fees must be charged by and paid

11-27  to the Division:

 

11-28  For each original real estate broker’s, broker-

11-29  salesman’s or corporate broker’s license[$85] $105

11-30  For each original real estate salesman’s license  [65] 85

11-31  For each original branch office license[100] 120

11-32  For real estate education, research and recovery

11-33  to be paid at the time an [original] application

11-34  for [a] an original license is filed[20]40

11-35  For real estate education, research and recovery

11-36  to be paid at the time an application for [a]

11-37  renewalof a license is [renewed] filed40

11-38  For each renewal of a real estate broker’s,

11-39  broker-salesman’s or corporate broker’s license    [170] 180

11-40  For each renewal of a real estate salesman’s

11-41  license....................................... [130] 140

11-42  For each renewal of a real estate branch office

11-43  license....................................... [100] 110

12-1  For each penalty for late filing of a renewal for a

12-2  broker’s, broker-salesman’s or corporate

12-3  broker’s license........................... [85] $95

12-4  For each penalty for late filing of a renewal for a

12-5  salesman’s license......................... [65] 75

12-6  For each change of name or address[10] 20

12-7  For each transfer of a real estate salesman’s or

12-8  broker-salesman’s license and change of

12-9  association or employment........... [10] 20

12-10  For each duplicate license where the original

12-11  license is lost or destroyed, and an affidavit is

12-12  made thereof................................. [10] 20

12-13  For each change of broker status from broker to

12-14  broker-salesman, [orthereverse][10] 20

12-15  For each change of broker status from broker-

12-16  salesman to broker.............................. 40

12-17  For each reinstatement to active status of an

12-18  inactive real estate broker’s, broker-salesman’s

12-19  or salesman’s license.................... [10] 20

12-20  For each reinstatement of a real estate broker’s

12-21  license when the licensee fails to give immediate

12-22  written notice to the Division of a change of

12-23  name or business location............ [20] 30

12-24  For each reinstatement of a real estate

12-25  salesman’s or broker-salesman’s license when

12-26  he fails to notify the Division of a change of

12-27  broker within 30 days of termination by previous

12-28  broker............................................ [20] 30

12-29  For each original registration of an owner-

12-30  developer.................................. [100] 125

12-31  For each annual renewal of a registration of an

12-32  owner-developer...................... [100] 125

12-33  For each enlargement of the area of an owner-

12-34  developer’s registration............... [15] 50

12-35  For each cooperative certificate issued to an out-

12-36  of-state broker licensee for 1 year or fraction

12-37  thereof......................................... [40] 150

12-38  For each original accreditation of a course of

12-39  continuing education................. [50] 100

12-40  For each renewal of accreditation of a course of

12-41  continuing education.................... [10] 50

12-42  For each annual approval of a course of

12-43  instruction offered in preparation for an

12-44  original license or permit................. 100

 

13-1      2.  The fees prescribed by this section for courses of

13-2  instruction offered in preparation for an original license or permit

13-3  or for courses of continuing education do not apply to [any] :

13-4      (a) Any university or community college of the University and

13-5  Community College System of Nevada.

13-6      (b) Any agency of the State.

13-7      (c) Any regulatory agency of the Federal Government.

13-8      3.  The Commission shall adopt regulations which establish

13-9  the fees to be charged and collected by the Division to pay the

13-10  costs of any investigation of a person’s background.

13-11     Sec. 20.  NRS 645.842 is hereby amended to read as follows:

13-12     645.842  1.  The Real Estate Education, Research and

13-13  Recovery Fund is hereby created as a special revenue fund.

13-14     2.  A balance of not less than $50,000 must be maintained in the

13-15  Fund, to be used for satisfying claims against persons licensed under

13-16  this chapter, as provided in NRS 645.841 to 645.8494, inclusive.

13-17  Any balance over $50,000 at the end of any fiscal year must be set

13-18  aside and used by the Administrator, after approval of the

13-19  Commission, for real estate education and research.

13-20     3.  The interest and income earned on the money in the Fund,

13-21  after deducting any applicable charges, must be credited to the

13-22  Fund.

13-23     Sec. 21.  Chapter 645C of NRS is hereby amended by adding

13-24  thereto the provisions set forth as sections 22, 23 and 24 of this act.

13-25     Sec. 22.  1.  The Administrator may adopt regulations which

13-26  establish procedures for the Division to conduct business

13-27  electronically pursuant to title 59 of NRS with persons who are

13-28  regulated pursuant to this chapter and with any other persons with

13-29  whom the Division conducts business. The regulations may

13-30  include, without limitation, the establishment of fees to pay the

13-31  costs of conducting business electronically with the Division.

13-32     2.  In addition to the process authorized by NRS 719.280, if

13-33  the Division is conducting business electronically with a person

13-34  and a law requires a signature or record to be notarized,

13-35  acknowledged, verified or made under oath, the Division may

13-36  allow the person to substitute a declaration that complies with the

13-37  provisions of NRS 53.045 to satisfy the legal requirement.

13-38     3.  The Division may refuse to conduct business electronically

13-39  with a person who has failed to pay money which the person owes

13-40  to the Division or the Commission.

13-41     Sec. 23.  In addition to any other remedy or penalty, the

13-42  Commission or the Division, as appropriate, may:

13-43     1.  Refuse to issue a certificate, license or registration card to

13-44  a person who has failed to pay money which the person owes to

13-45  the Commission or the Division.

14-1      2.  Refuse to renew, or suspend or revoke, the certificate,

14-2  license or registration card of a person who has failed to pay

14-3  money which the person owes to the Commission or the Division.

14-4      Sec. 24.  1.  In addition to any other remedy or penalty, the

14-5  Commission may impose an administrative fine against any

14-6  person who knowingly:

14-7      (a) Engages or offers to engage in any activity for which a

14-8  certificate, license or registration card or any type of authorization

14-9  is required pursuant to this chapter, or any regulation adopted

14-10  pursuant thereto, if the person does not hold the required

14-11  certificate, license or registration card or has not been given the

14-12  required authorization; or

14-13     (b) Assists or offers to assist another person to commit a

14-14  violation described in paragraph (a).

14-15     2.  If the Commission imposes an administrative fine against a

14-16  person pursuant to this section, the amount of the administrative

14-17  fine may not exceed the amount of any gain or economic benefit

14-18  that the person derived from the violation or $5,000, whichever

14-19  amount is greater.

14-20     3.  In determining the appropriate amount of the

14-21  administrative fine, the Commission shall consider:

14-22     (a) The severity of the violation and the degree of any harm

14-23  that the violation caused to other persons;

14-24     (b) The nature and amount of any gain or economic benefit

14-25  that the person derived from the violation;

14-26     (c) The person’s history or record of other violations; and

14-27     (d) Any other facts or circumstances that the Commission

14-28  deems to be relevant.

14-29     4.  Before the Commission may impose the administrative

14-30  fine, the Commission must provide the person with notice and an

14-31  opportunity to be heard.

14-32     5.  The person is entitled to judicial review of the decision of

14-33  the Commission in the manner provided by chapter 233B of NRS.

14-34     6.  The provisions of this section do not apply to a person who

14-35  engages or offers to engage in activities within the purview of this

14-36  chapter if:

14-37     (a) A specific statute exempts the person from complying with

14-38  the provisions of this chapter with regard to those activities; and

14-39     (b) The person is acting in accordance with the exemption

14-40  while engaging or offering to engage in those activities.

14-41     Sec. 25.  NRS 645C.300 is hereby amended to read as follows:

14-42     645C.300  1.  [Every] Each application for a certificate,

14-43  license or registration card must include the social security number

14-44  of the applicant and be accompanied by the fee for the certificate,

14-45  license or registration card[.

15-1      2.  Each] and the fee to pay the costs of an investigation of the

15-2  applicant’s background.

15-3      2.  Each applicant must[:

15-4      (a) At] , as part of his application and at his own expense [and]

15-5  :

15-6      (a) Arrange to have a complete set of his fingerprints taken by

15-7  a law enforcement agency or other authorized entity acceptable to

15-8  the Division on a fingerprint card provided by the law enforcement

15-9  agency or other authorized entity for that purpose; and

15-10     (b) Submit to the Division[, arrange to be fingerprinted by an

15-11  agency of law enforcement; and

15-12     (b) Attach] the completed fingerprint card [to his application.]

15-13  and written permission authorizing the Division to submit the

15-14  applicant’s fingerprints to the Central Repository for Nevada

15-15  Records of Criminal History for submission to the Federal Bureau

15-16  of Investigation for a report on the applicant’s background and to

15-17  such other law enforcement agencies as the Division deems

15-18  necessary.

15-19     3.  The Division may:

15-20     (a) [Mail the card] Submit the applicant’s fingerprints to the

15-21  Central Repository for submission to the Federal Bureau of

15-22  Investigation [or any other agency of] and to such other law

15-23  enforcement[;] agencies as the Division deems necessary; and

15-24     (b) Request from each such [an] agency any information

15-25  regarding the applicant’s [criminal history] background as the

15-26  Division deems necessary.

15-27     Sec. 26.  NRS 645C.450 is hereby amended to read as follows:

15-28     645C.450  1.  The following fees may be charged and

15-29  collected by the Division:

 

15-30  Application for a certificate, license or registration

15-31  card................................................... $100

15-32  Issuance or renewal of a certificate or license as a

15-33  residential appraiser........................... 290

15-34  Issuance or renewal of a certificate as a general

15-35  appraiser.............................................. 390

15-36  Issuance of a permit........................... 115

15-37  Issuance or renewal of a registration card.. 190

15-38  Issuance of a duplicate certificate or license for an

15-39  additional office................................... 50

15-40  Change in the name or location of a business[10] 20

15-41  Reinstatement of an inactive certificate or license[10] 30

15-42  Annual approval of a course of instruction offered in

15-43  preparation for an initial certificate or license    100

16-1  [Annual] Original approval of a course of

16-2  instruction offered for continuing education   $100

16-3  Renewal of approval of a course of instruction

16-4  offered for continuing education.......... 50

 

16-5      2.  The Division shall adopt regulations which establish the fees

16-6  to be charged and collected by the Division to pay [for:

16-7      (a) The] the costs of:

16-8      (a) Any examination for a certificate or license[; and

16-9      (b) Any additional expenses] , including any costs which are

16-10  necessary for the administration of [the] such an examination.

16-11     (b) Any investigation of a person’s background.

16-12     Sec. 27.  Chapter 645D of NRS is hereby amended by adding

16-13  thereto the provisions set forth as sections 28, 29 and 30 of this act.

16-14     Sec. 28.  1.  The Administrator may adopt regulations which

16-15  establish procedures for the Division to conduct business

16-16  electronically pursuant to title 59 of NRS with persons who are

16-17  regulated pursuant to this chapter and with any other persons with

16-18  whom the Division conducts business. The regulations may

16-19  include, without limitation, the establishment of fees to pay the

16-20  costs of conducting business electronically with the Division.

16-21     2.  In addition to the process authorized by NRS 719.280, if

16-22  the Division is conducting business electronically with a person

16-23  and a law requires a signature or record to be notarized,

16-24  acknowledged, verified or made under oath, the Division may

16-25  allow the person to substitute a declaration that complies with the

16-26  provisions of NRS 53.045 to satisfy the legal requirement.

16-27     3.  The Division may refuse to conduct business electronically

16-28  with a person who has failed to pay money which the person owes

16-29  to the Division.

16-30     Sec. 29.  In addition to any other remedy or penalty, the

16-31  Administrator may:

16-32     1.  Refuse to issue a certificate to a person who has failed to

16-33  pay money which the person owes to the Division.

16-34     2.  Refuse to renew, or suspend or revoke, the certificate of a

16-35  person who has failed to pay money which the person owes to the

16-36  Division.

16-37     Sec. 30.  1.  In addition to any other remedy or penalty, the

16-38  Administrator may impose an administrative fine against any

16-39  person who knowingly:

16-40     (a) Engages or offers to engage in any activity for which a

16-41  certificate or any type of authorization is required pursuant to this

16-42  chapter, or any regulation adopted pursuant thereto, if the person

16-43  does not hold the required certificate or has not been given the

16-44  required authorization; or

17-1      (b) Assists or offers to assist another person to commit a

17-2  violation described in paragraph (a).

17-3      2.  If the Administrator imposes an administrative fine against

17-4  a person pursuant to this section, the amount of the administrative

17-5  fine may not exceed the amount of any gain or economic benefit

17-6  that the person derived from the violation or $5,000, whichever

17-7  amount is greater.

17-8      3.  In determining the appropriate amount of the

17-9  administrative fine, the Administrator shall consider:

17-10     (a) The severity of the violation and the degree of any harm

17-11  that the violation caused to other persons;

17-12     (b) The nature and amount of any gain or economic benefit

17-13  that the person derived from the violation;

17-14     (c) The person’s history or record of other violations; and

17-15     (d) Any other facts or circumstances that the Administrator

17-16  deems to be relevant.

17-17     4.  Before the Administrator may impose the administrative

17-18  fine, the Administrator must provide the person with notice and an

17-19  opportunity to be heard.

17-20     5.  The person is entitled to judicial review of the decision of

17-21  the Administrator in the manner provided by chapter 233B of

17-22  NRS.

17-23     6.  The provisions of this section do not apply to a person who

17-24  engages or offers to engage in activities within the purview of this

17-25  chapter if:

17-26     (a) A specific statute exempts the person from complying with

17-27  the provisions of this chapter with regard to those activities; and

17-28     (b) The person is acting in accordance with the exemption

17-29  while engaging or offering to engage in those activities.

17-30     Sec. 31.  NRS 645D.180 is hereby amended to read as follows:

17-31     645D.180  1.  [Every] Each application for a certificate must

17-32  be accompanied by the fee for the certificate[.

17-33     2.  Each] and the fee to pay the costs of an investigation of the

17-34  applicant’s background.

17-35     2.  Each applicant must[:

17-36     (a) At] , as part of his application and at his own expense [and]

17-37  :

17-38     (a) Arrange to have a complete set of his fingerprints taken by

17-39  a law enforcement agency or other authorized entity acceptable to

17-40  the Division on a fingerprint card provided by the law enforcement

17-41  agency or other authorized entity for that purpose; and

17-42     (b) Submit to the Division[, arrange to be fingerprinted by an

17-43  agency of law enforcement; and

17-44     (b) Attach] the completed fingerprint card [to his application.]

17-45  and written permission authorizing the Division to submit the

18-1  applicant’s fingerprints to the Central Repository for Nevada

18-2  Records of Criminal History for submission to the Federal Bureau

18-3  of Investigation for a report on the applicant’s background and to

18-4  such other law enforcement agencies as the Division deems

18-5  necessary.

18-6      3.  The Division may:

18-7      (a) Require more than one complete set of fingerprints;

18-8      (b) [Mail a completed card] Submit the applicant’s fingerprints

18-9  to the Central Repository for submission to the Federal Bureau of

18-10  Investigation [or any other agency of] and to such other law

18-11  enforcement[;] agencies as the Division deems necessary; and

18-12     (c) Request from each such [an] agency any information

18-13  regarding the applicant’s [criminal history] background that the

18-14  Division deems necessary.

18-15     Sec. 32.  NRS 645D.240 is hereby amended to read as follows:

18-16     645D.240  1.  The following fees must be charged and

18-17  collected by the Division:

18-18  [Application] For each application for a certificate$100

18-19  [Issuance] For the issuance or renewal of a certificate250

18-20  For each penalty for a late renewal of a certificate    125

18-21  For each change of name, address or association  20

18-22  For each duplicate certificate where the original is

18-23  lost or destroyed, and an affidavit is made thereof20

18-24  For each reinstatement to active status of an inactive

18-25  certificate.............................................. 20

18-26  For each annual approval of a course of instruction

18-27  offered in preparation for an original certificate   100

18-28  For each original accreditation of a course of

18-29  continuing education....................... 100

18-30  For each renewal of accreditation of a course of

18-31  continuing education......................... 50

18-32     2.  The Division shall adopt regulations which establish the

18-33  fees to be charged and collected by the Division to pay the costs of:

18-34     (a) Any examination for a certificate, including any costs

18-35  which are necessary for the administration of such an

18-36  examination.

18-37     (b) Any investigation of a person’s background.

18-38     Sec. 33.  Chapter 116 of NRS is hereby amended by adding

18-39  thereto the provisions set forth as sections 34, 35 and 36 of this act.

18-40     Sec. 34.  “Division” means the Real Estate Division of the

18-41  Department of Business and Industry.

18-42     Sec. 35.  1.  The Administrator may adopt regulations which

18-43  establish procedures for the Division to conduct business

18-44  electronically pursuant to title 59 of NRS with persons who are

18-45  regulated pursuant to this chapter and with any other persons with

19-1  whom the Division conducts business. The regulations may

19-2  include, without limitation, the establishment of fees to pay the

19-3  costs of conducting business electronically with the Division.

19-4      2.  In addition to the process authorized by NRS 719.280, if

19-5  the Division is conducting business electronically with a person

19-6  and a law requires a signature or record to be notarized,

19-7  acknowledged, verified or made under oath, the Division may

19-8  allow the person to substitute a declaration that complies with the

19-9  provisions of NRS 53.045 to satisfy the legal requirement.

19-10     3.  The Division may refuse to conduct business electronically

19-11  with a person who has failed to pay money which the person owes

19-12  to the Division or the Real Estate Commission.

19-13     Sec. 36.  1.  In addition to any other remedy or penalty, the

19-14  Real Estate Commission may impose an administrative fine

19-15  against any person who knowingly:

19-16     (a) Engages or offers to engage in any activity for which a

19-17  permit or certificate or any type of authorization is required

19-18  pursuant to NRS 116.31139, or any regulation adopted pursuant

19-19  thereto, if the person does not hold the required permit or

19-20  certificate or has not been given the required authorization; or

19-21     (b) Assists or offers to assist another person to commit a

19-22  violation described in paragraph (a).

19-23     2.  If the Real Estate Commission imposes an administrative

19-24  fine against a person pursuant to this section, the amount of the

19-25  administrative fine may not exceed the amount of any gain or

19-26  economic benefit that the person derived from the violation or

19-27  $5,000, whichever amount is greater.

19-28     3.  In determining the appropriate amount of the

19-29  administrative fine, the Real Estate Commission shall consider:

19-30     (a) The severity of the violation and the degree of any harm

19-31  that the violation caused to other persons;

19-32     (b) The nature and amount of any gain or economic benefit

19-33  that the person derived from the violation;

19-34     (c) The person’s history or record of other violations; and

19-35     (d) Any other facts or circumstances that the Real Estate

19-36  Commission deems to be relevant.

19-37     4.  Before the Real Estate Commission may impose the

19-38  administrative fine, the Real Estate Commission must provide the

19-39  person with notice and an opportunity to be heard.

19-40     5.  The person is entitled to judicial review of the decision of

19-41  the Real Estate Commission in the manner provided by chapter

19-42  233B of NRS.

19-43     6.  The provisions of this section do not apply to a person who

19-44  engages or offers to engage in activities within the purview of NRS

19-45  116.31139 if:

20-1      (a) A specific statute exempts the person from complying with

20-2  the provisions of NRS 116.31139 with regard to those activities;

20-3  and

20-4      (b) The person is acting in accordance with the exemption

20-5  while engaging or offering to engage in those activities.

20-6      Sec. 37.  NRS 116.1103 is hereby amended to read as follows:

20-7      116.1103  [In] As used in this chapter and in the declaration

20-8  and bylaws [(NRS 116.3106), unless specifically provided otherwise

20-9  or] of an association, unless the context otherwise requires, [and in

20-10  this chapter,] the words and terms defined in NRS 116.110305 to

20-11  116.110393, inclusive, and section 34 of this act have the meanings

20-12  ascribed to them in those sections.

20-13     Sec. 38.  NRS 116.110305 is hereby amended to read as

20-14  follows:

20-15     116.110305  “Administrator” means the Real Estate

20-16  Administrator . [of the Real Estate Division of the Department of

20-17  Business and Industry.]

20-18     Sec. 39.  NRS 116.1116 is hereby amended to read as follows:

20-19     116.1116  1.  The Office of the Ombudsman for Owners in

20-20  Common-Interest Communities is hereby created within the [Real

20-21  Estate Division of the Department of Business and Industry.]

20-22  Division.

20-23     2.  The Administrator shall appoint the Ombudsman for Owners

20-24  in Common-Interest Communities. The Ombudsman for Owners in

20-25  Common-Interest Communities is in the unclassified service of the

20-26  State.

20-27     3.  The Ombudsman for Owners in Common-Interest

20-28  Communities must be qualified by training and experience to

20-29  perform the duties and functions of his office.

20-30     4.  The Ombudsman for Owners in Common-Interest

20-31  Communities shall:

20-32     (a) Assist in processing claims submitted to mediation or

20-33  arbitration pursuant to NRS 38.300 to 38.360, inclusive;

20-34     (b) Assist owners in common-interest communities to

20-35  understand their rights and responsibilities as set forth in this

20-36  chapter and the governing documents of their associations,

20-37  including, without limitation, publishing materials related to those

20-38  rights and responsibilities;

20-39     (c) Assist persons appointed or elected to serve on executive

20-40  boards of associations to carry out their duties; and

20-41     (d) Compile and maintain a registration of each association

20-42  organized within the state which includes, without limitation:

20-43         (1) The name, address and telephone number of the

20-44  association;

21-1          (2) The name of the person engaged in property management

21-2  for the common-interest community or the name of the person who

21-3  manages the property at the site of the common-interest community;

21-4          (3) The names, mailing addresses and telephone numbers of

21-5  the members of the executive board of the association;

21-6          (4) The name of the declarant;

21-7          (5) The number of units in the common-interest community;

21-8  and

21-9          (6) The total annual assessment made by the association.

21-10     Sec. 40.  NRS 116.31139 is hereby amended to read as

21-11  follows:

21-12     116.31139  1.  An association may employ a person engaged

21-13  in property management for the common-interest community.

21-14     2.  Except as otherwise provided in this section, a person

21-15  engaged in property management for a common-interest community

21-16  must:

21-17     (a) Hold a permit to engage in property management that is

21-18  issued pursuant to the provisions of chapter 645 of NRS; or

21-19     (b) Hold a certificate issued by the Real Estate Commission

21-20  pursuant to subsection 3.

21-21     3.  The Real Estate Commission shall provide by regulation for

21-22  the issuance of certificates for the management of common-interest

21-23  communities to persons who are not otherwise authorized to engage

21-24  in property management pursuant to the provisions of chapter 645 of

21-25  NRS. The regulations:

21-26     (a) Must establish the qualifications for the issuance of such a

21-27  certificate, including the education and experience required to obtain

21-28  such a certificate . [;]

21-29     (b) May require applicants to pass an examination in order to

21-30  obtain a certificate . [;] If the regulations require such an

21-31  examination, the Real Estate Commission shall adopt regulations

21-32  which establish fees to pay the costs of the examination, including

21-33  any costs which are necessary for the administration of the

21-34  examination.

21-35     (c) May require an investigation of an applicant’s background.

21-36  If the regulations require such an investigation, the Real Estate

21-37  Commission shall adopt regulations which establish fees to pay

21-38  the costs of the investigation.

21-39     (d) Must establish standards of practice for persons engaged in

21-40  property management for a common-interest community . [;

21-41     (d)] (e) Must establish the grounds for initiating disciplinary

21-42  action against a person to whom a certificate has been issued,

21-43  including, without limitation, the grounds for placing conditions,

21-44  limitations or restrictions on a certificate and for the suspension or

21-45  revocation of a certificate . [; and

22-1      (e)] (f) Must establish rules of practice and procedure for

22-2  conducting disciplinary hearings.

22-3  The [Real Estate Division of the Department of Business and

22-4  Industry] Division may investigate the property managers to whom

22-5  certificates have been issued to ensure their compliance with the

22-6  standards of practice adopted pursuant to this subsection and collect

22-7  a fee for the issuance of a certificate by the Real Estate Commission

22-8  in an amount not to exceed the administrative costs of issuing the

22-9  certificate.

22-10     4.  In addition to any other remedy or penalty, the Real Estate

22-11  Commission may:

22-12     (a) Refuse to issue a permit or certificate to a person who has

22-13  failed to pay money which the person owes to the Real Estate

22-14  Commission or the Division.

22-15     (b) Refuse to renew, or suspend or revoke, the permit or

22-16  certificate of a person who has failed to pay money which the

22-17  person owes to the Real Estate Commission or the Division.

22-18     5.  The provisions of subsection 2 do not apply to:

22-19     (a) A person who is engaged in property management for a

22-20  common-interest community on October 1, 1999, and is granted an

22-21  exemption from the requirements of subsection 2 by the

22-22  Administrator upon demonstration that he is qualified and

22-23  competent to engage in property management for a common-interest

22-24  community.

22-25     (b) A financial institution.

22-26     (c) An attorney licensed to practice in this state.

22-27     (d) A trustee.

22-28     (e) An employee of a corporation who manages only the

22-29  property of the corporation.

22-30     (f) A declarant.

22-31     (g) A receiver.

22-32     [5.] 6. As used in this section, “property management” means

22-33  the physical, administrative or financial maintenance and

22-34  management of real property, or the supervision of those activities

22-35  for a fee, commission or other compensation or valuable

22-36  consideration.

22-37     Sec. 41.  NRS 116.311391 is hereby amended to read as

22-38  follows:

22-39     116.311391  The expiration or revocation of a certificate for the

22-40  management of a common-interest community by operation of law

22-41  or by order or decision of the Real Estate Commission or a court of

22-42  competent jurisdiction, or the voluntary surrender of such a

22-43  certificate by the holder of the certificate does not:

22-44     1.  Prohibit the [Real Estate Division of the Department of

22-45  Business and Industry or] Real Estate Commission or the Division

23-1  from initiating or continuing an investigation of, or action or

23-2  disciplinary proceeding against, the holder of the certificate as

23-3  authorized pursuant to the provisions of this chapter or the

23-4  regulations adopted pursuant thereto; or

23-5      2.  Prevent the imposition or collection of any fine or penalty

23-6  authorized pursuant to the provisions of this chapter or the

23-7  regulations adopted pursuant thereto against the holder of the

23-8  certificate.

23-9      Sec. 42.  Chapter 119 of NRS is hereby amended by adding

23-10  thereto the provisions set forth as sections 43, 44 and 45 of this act.

23-11     Sec. 43.  1.  The Administrator may adopt regulations which

23-12  establish procedures for the Division to conduct business

23-13  electronically pursuant to title 59 of NRS with persons who are

23-14  regulated pursuant to this chapter and with any other persons with

23-15  whom the Division conducts business. The regulations may

23-16  include, without limitation, the establishment of fees to pay the

23-17  costs of conducting business electronically with the Division.

23-18     2.  In addition to the process authorized by NRS 719.280, if

23-19  the Division is conducting business electronically with a person

23-20  and a law requires a signature or record to be notarized,

23-21  acknowledged, verified or made under oath, the Division may

23-22  allow the person to substitute a declaration that complies with the

23-23  provisions of NRS 53.045 to satisfy the legal requirement.

23-24     3.  The Division may refuse to conduct business electronically

23-25  with a person who has failed to pay money which the person owes

23-26  to the Division.

23-27     Sec. 44.  In addition to any other remedy or penalty, the

23-28  Administrator may:

23-29     1.  Refuse to issue a license, permit or registration to a person

23-30  who has failed to pay money which the person owes to the

23-31  Division.

23-32     2.  Refuse to renew, or suspend or revoke, the license, permit

23-33  or registration of a person who has failed to pay money which the

23-34  person owes to the Division.

23-35     Sec. 45.  1.  In addition to any other remedy or penalty, the

23-36  Administrator may impose an administrative fine against any

23-37  person who knowingly:

23-38     (a) Engages or offers to engage in any activity for which a

23-39  license, permit or registration or any type of authorization is

23-40  required pursuant to this chapter, or any regulation adopted

23-41  pursuant thereto, if the person does not hold the required license,

23-42  permit or registration or has not been given the required

23-43  authorization; or

23-44     (b) Assists or offers to assist another person to commit a

23-45  violation described in paragraph (a).

24-1      2.  If the Administrator imposes an administrative fine against

24-2  a person pursuant to this section, the amount of the administrative

24-3  fine may not exceed the amount of any gain or economic benefit

24-4  that the person derived from the violation or $5,000, whichever

24-5  amount is greater.

24-6      3.  In determining the appropriate amount of the

24-7  administrative fine, the Administrator shall consider:

24-8      (a) The severity of the violation and the degree of any harm

24-9  that the violation caused to other persons;

24-10     (b) The nature and amount of any gain or economic benefit

24-11  that the person derived from the violation;

24-12     (c) The person’s history or record of other violations; and

24-13     (d) Any other facts or circumstances that the Administrator

24-14  deems to be relevant.

24-15     4.  Before the Administrator may impose the administrative

24-16  fine, the Administrator must provide the person with notice and an

24-17  opportunity to be heard.

24-18     5.  The person is entitled to judicial review of the decision of

24-19  the Administrator in the manner provided by chapter 233B of

24-20  NRS.

24-21     6.  The provisions of this section do not apply to a person who

24-22  engages or offers to engage in activities within the purview of this

24-23  chapter if:

24-24     (a) A specific statute exempts the person from complying with

24-25  the provisions of this chapter with regard to those activities; and

24-26     (b) The person is acting in accordance with the exemption

24-27  while engaging or offering to engage in those activities.

24-28     Sec. 46.  NRS 119.015 is hereby amended to read as follows:

24-29     119.015  “Administrator” means the [chief of the Division.]

24-30  Real Estate Administrator.

24-31     Sec. 47.  NRS 119.184 is hereby amended to read as follows:

24-32     119.184  1.  A subdivision consisting of land situated in the

24-33  State of Nevada or another state must not be advertised or offered

24-34  for sale within the State of Nevada until the advertising and offering

24-35  is approved by the Division. Each advertisement must contain the

24-36  processing number assigned by the Division.

24-37     2.  Each application for approval of advertising must be

24-38  accompanied by [a] :

24-39     (a) A filing fee [not to exceed $200, according to] based on a

24-40  schedule of fees [to be] established by the Division ; and [fees]

24-41     (b) Fees for inspecting the advertising and the property in

24-42  amounts established by the Division.

24-43     3.  The Division shall render a decision upon an application for

24-44  approval of an advertising or offering within 30 days from the date

24-45  the application is filed.

25-1      4.  The Division shall adopt regulations to accomplish the

25-2  purpose of this section.

25-3      Sec. 48.  NRS 119.320 is hereby amended to read as follows:

25-4      119.320  1.  Subject to the provisions of this chapter, the

25-5  Division shall collect the following fees at such times and upon such

25-6  conditions as it may provide by regulation:

 

25-7  For each annual registered representative’s license

25-8  to represent a developer............ [$65] $85

25-9  For each transfer of a registered representative’s

25-10  license to represent a developer... [20] 30

25-11  For each penalty for a late renewal of a

25-12  registered representative’s license..... 40

25-13  For each application for a developer’s request for

25-14  an exemption from any provision of this chapter   [250] 275

25-15  For each application for renewal of an exemption

25-16  from any provision of this chapter[250] 275

25-17  For each developer’s permit per subdivision  500

25-18  For each developer’s temporary permit for each

25-19  subdivision............................... [250] 275

25-20  For each renewal of a developer’s permit   500

25-21  For each developer’s partial registration pursuant

25-22  to NRS 119.121....................... [250] 275

25-23  For each amendment to a developer’s permit  [100] 150

 

25-24  The $500 fee for a developer’s permit per subdivision does not

25-25  apply to any subdivision having 34 or fewer lots, parcels, interests

25-26  or units.

25-27     2.  At the time of the original filing, each developer shall pay an

25-28  additional $5 for each lot, parcel, interest or unit in any one

25-29  subdivision in excess of 50, but not exceeding 250 such lots,

25-30  parcels, interests or units; $4 for 251 through 500 lots, parcels,

25-31  interests or units in any one subdivision; $3 for 501 through 750

25-32  lots, parcels, interests or units in any one subdivision; and $2.50 for

25-33  all lots, parcels, interests or units in excess of 750 in any one

25-34  subdivision. The developer may designate lots, parcels, interests or

25-35  units it intends to offer for sale or lease in this state out of the

25-36  subdivision, and the fee per lot, parcel, interest or unit is only

25-37  applicable to those lots, parcels, interests or units. The units must be

25-38  designated in groupings of no less than 5 contiguous units in each

25-39  group, except that the Division may accept fewer upon request of

25-40  the developer. If the developer determines to offer additional lots,

25-41  parcels, interests or units, it shall so certify to the Division and pay

25-42  the additional fee therefor.

26-1      3.  With the exception of the fees for a registered

26-2  representative’s license or transfer, the fees enumerated in this

26-3  section must be reduced by the Administrator at such times as, in his

26-4  judgment, he considers a reduction equitable in relation to the

26-5  necessary costs of carrying out the administration and enforcement

26-6  of the provisions of this chapter.

26-7      Sec. 49.  Chapter 119A of NRS is hereby amended by adding

26-8  thereto the provisions set forth as sections 50, 51 and 52 of this act.

26-9      Sec. 50.  1.  The Administrator may adopt regulations which

26-10  establish procedures for the Division to conduct business

26-11  electronically pursuant to title 59 of NRS with persons who are

26-12  regulated pursuant to this chapter and with any other persons with

26-13  whom the Division conducts business. The regulations may

26-14  include, without limitation, the establishment of fees to pay the

26-15  costs of conducting business electronically with the Division.

26-16     2.  In addition to the process authorized by NRS 719.280, if

26-17  the Division is conducting business electronically with a person

26-18  and a law requires a signature or record to be notarized,

26-19  acknowledged, verified or made under oath, the Division may

26-20  allow the person to substitute a declaration that complies with the

26-21  provisions of NRS 53.045 to satisfy the legal requirement.

26-22     3.  The Division may refuse to conduct business electronically

26-23  with a person who has failed to pay money which the person owes

26-24  to the Division.

26-25     Sec. 51.  In addition to any other remedy or penalty, the

26-26  Administrator may:

26-27     1.  Refuse to issue a license, permit, certificate or registration

26-28  to a person who has failed to pay money which the person owes to

26-29  the Division.

26-30     2.  Refuse to renew, or suspend or revoke, the license, permit,

26-31  certificate or registration of a person who has failed to pay money

26-32  which the person owes to the Division.

26-33     Sec. 52.  1.  In addition to any other remedy or penalty, the

26-34  Administrator may impose an administrative fine against any

26-35  person who knowingly:

26-36     (a) Engages or offers to engage in any activity for which a

26-37  license, permit, certificate or registration or any type of

26-38  authorization is required pursuant to this chapter, or any

26-39  regulation adopted pursuant thereto, if the person does not hold

26-40  the required license, permit, certificate or registration or has not

26-41  been given the required authorization; or

26-42     (b) Assists or offers to assist another person to commit a

26-43  violation described in paragraph (a).

26-44     2.  If the Administrator imposes an administrative fine against

26-45  a person pursuant to this section, the amount of the administrative

27-1  fine may not exceed the amount of any gain or economic benefit

27-2  that the person derived from the violation or $5,000, whichever

27-3  amount is greater.

27-4      3.  In determining the appropriate amount of the

27-5  administrative fine, the Administrator shall consider:

27-6      (a) The severity of the violation and the degree of any harm

27-7  that the violation caused to other persons;

27-8      (b) The nature and amount of any gain or economic benefit

27-9  that the person derived from the violation;

27-10     (c) The person’s history or record of other violations; and

27-11     (d) Any other facts or circumstances that the Administrator

27-12  deems to be relevant.

27-13     4.  Before the Administrator may impose the administrative

27-14  fine, the Administrator must provide the person with notice and an

27-15  opportunity to be heard.

27-16     5.  The person is entitled to judicial review of the decision of

27-17  the Administrator in the manner provided by chapter 233B of

27-18  NRS.

27-19     6.  The provisions of this section do not apply to a person who

27-20  engages or offers to engage in activities within the purview of this

27-21  chapter if:

27-22     (a) A specific statute exempts the person from complying with

27-23  the provisions of this chapter with regard to those activities; and

27-24     (b) The person is acting in accordance with the exemption

27-25  while engaging or offering to engage in those activities.

27-26     Sec. 53.  NRS 119A.210 is hereby amended to read as follows:

27-27     119A.210  1.  The Administrator shall issue a sales agent’s

27-28  license to each applicant who submits an application to the Division,

27-29  in the manner provided by the Division, which includes:

27-30     (a) Satisfactory evidence, affirmed by the project broker or

27-31  another acceptable source, that the applicant has completed 14 hours

27-32  of instruction in:

27-33         (1) Ethics.

27-34         (2) The applicable laws and regulations relating to time

27-35  shares.

27-36         (3) Principles and practices of selling time shares.

27-37     (b) Satisfactory evidence that he has a reputation for honesty,

27-38  trustworthiness and competence.

27-39     (c) A designation of the developer for whom he proposes to sell

27-40  time shares.

27-41     (d) The social security number of the applicant.

27-42     (e) Any further information required by the Division, including

27-43  the submission by the applicant to any investigation by the police or

27-44  the Division.

28-1      2.  In addition to or in lieu of the 14 hours of instruction

28-2  required by paragraph (a) of subsection 1, the applicant may be

28-3  required to pass an examination which may be adopted by the

28-4  Division to examine satisfactorily the knowledge of the applicant in

28-5  those areas of instruction listed in paragraph (a) of subsection 1.

28-6      3.  [The application must be accompanied by] Each applicant

28-7  must submit the statement required pursuant to NRS 119A.263 and

28-8  [a fee of $75. The fee must be used by the Division to] pay the

28-9  [costs of investigating, acting upon and reviewing applications for

28-10  sales agents’ licenses.] fees provided for in this chapter.

28-11     4.  Each applicant must, as part of his application and at his

28-12  own expense:

28-13     (a) Arrange to have a complete set of his fingerprints taken by

28-14  a law enforcement agency or other authorized entity acceptable to

28-15  the Division on a fingerprint card provided by the law enforcement

28-16  agency or other authorized entity for that purpose; and

28-17     (b) Submit to the Division the completed fingerprint card and

28-18  written permission authorizing the Division to submit the

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

28-20  Records of Criminal History for submission to the Federal Bureau

28-21  of Investigation for a report on the applicant’s background and to

28-22  such other law enforcement agencies as the Division deems

28-23  necessary.

28-24     5.  The Division may:

28-25     (a) Submit the applicant’s fingerprints to the Central

28-26  Repository for submission to the Federal Bureau of Investigation

28-27  and to such other law enforcement agencies as the Division deems

28-28  necessary; and

28-29     (b) Request from each such agency any information regarding

28-30  the applicant’s background as the Division deems necessary.

28-31     6.  A person who is licensed as a salesman pursuant to chapter

28-32  645 of NRS is not required to obtain a license pursuant to the

28-33  provisions of this section.

28-34     [5.  Upon the issuance of a license to an applicant, the applicant

28-35  must pay a fee of $100 for the license and an additional fee of $25

28-36  for investigation.

28-37     6.] 7. Each sales agent’s license issued pursuant to this section

28-38  expires 2 years after the last day of the calendar month in which it

28-39  was issued and must be renewed on or before that date. Each

28-40  licensee[must pay a] who submits the statement required pursuant

28-41  to NRS 119A.263 and meets the requirements for renewal may

28-42  renew his license upon the payment of the renewal fee [of $100.

28-43     7.] before his license expires.

28-44     8.  If a [sales agent] licensee fails to [pay the renewal fee before

28-45  the expiration of] renew his license[,] before it expires, the license

29-1  may be reinstated if the licensee submits the statement and pays [a

29-2  reinstatement fee of $50 and] the renewal fee and the penalty

29-3  specified in NRS 119A.360 within 1 year after the license expires.

29-4      [8.] 9.  The Administrator may adopt regulations establishing

29-5  and governing requirements for the continuing education of sales

29-6  agents.

29-7      Sec. 54.  NRS 119A.250 is hereby amended to read as follows:

29-8      119A.250  1.  The registration of a representative issued

29-9  pursuant to this chapter expires 1 year after its issuance.

29-10     2.  Each representative who submits the statement required

29-11  pursuant to NRS 119A.263 and meets the requirements for renewal

29-12  adopted by the Division may renew his registration upon the

29-13  payment of the annual renewal fee before [the expiration of] his

29-14  registration[.] expires.

29-15     3.  If a representative fails to [pay the annual renewal fee before

29-16  the expiration of] renew his registration[,] before it expires, the

29-17  registration may be reinstated upon the submission of the statement

29-18  and the payment of the [reinstatement fee in addition to the] annual

29-19  renewal fee[. A registration may be reinstated under this subsection

29-20  only if the statement is submitted and the fees are paid] and the

29-21  penalty specified in NRS 119A.360 within 1 year after the

29-22  registration expires.

29-23     4.  A representative issued a registration shall not change his

29-24  association to another developer or change his location with the

29-25  same developer unless he has obtained from the Division a transfer

29-26  of his registration for its unexpired term. An application to the

29-27  Division for the transfer of his registration for the unexpired term

29-28  must be accompanied by the fee specified in NRS 119A.360 for the

29-29  transfer of registration.

29-30     Sec. 55.  NRS 119A.360 is hereby amended to read as follows:

29-31     119A.360  1.  The Division shall collect the following fees at

29-32  such times and upon such conditions as it may provide by

29-33  regulation:

 

29-34  [Application fee for preliminary permit to sell

29-35  time shares........................................ $250

29-36  Application fee] For each application for the

29-37  registration of a representative.... [65] 85

29-38  For each renewal of the registration of a

29-39  representative................................ [65] 85

29-40  [Application fee for] For each transfer of the

29-41  registration of a representative to a different

29-42  developer or location........................... 20

29-43  For [reinstatement] each penalty for a late

29-44  renewal of the registration of a representative  [25] 40

30-1  For each preliminary permit to sell time shares   $275

30-2  For each permit to sell time shares, per

30-3  subdivision.......................................... 500

30-4  For each amendment to a public offering

30-5  statement after the issuance of the report[100] 150

30-6  For each renewal of a permit to sell time shares    500

30-7  For each original and annual registration of a

30-8  manager................................................ 75

30-9  For each application for an original license as a

30-10  sales agent......................................... 175

30-11  For each renewal of a license as a sales agent    175

30-12  For each penalty for a late renewal of a license

30-13  as a sales agent.................................... 75

30-14  For each change of name or address20

30-15  For each duplicate license, permit or

30-16  registration where the original is lost or

30-17  destroyed, and an affidavit is made thereof20

30-18  For each annual approval of a course of

30-19  instruction offered in preparation for an

30-20  original license or permit................. 100

30-21  For each original accreditation of a course of

30-22  continuing education....................... 100

30-23  For each renewal of accreditation of a course of

30-24  continuing education......................... 50

 

30-25     2.  Each developer shall pay an additional fee for each time

30-26  share he sells in a time-share plan over 50 pursuant to the following

30-27  schedule:

 

30-28                                                                                                  Amount to be

30-29     Number of time shares                                                   paid per time share

 

30-30         51—250.......................................... $5.00

30-31       251—500............................................. 4.00

30-32       501—750............................................. 3.00

30-33     751—1500............................................. 2.50

30-34       over 1500............................................. 1.00

 

30-35     3.  Except for the fees relating to the registration of a

30-36  representative, the Administrator may reduce the fees established by

30-37  this section if the reduction is equitable in relation to the costs of

30-38  carrying out the provisions of this chapter.

30-39     4.  The Division shall adopt regulations which establish the

30-40  fees to be charged and collected by the Division to pay the costs of:

31-1      (a) Any examination for a license, including any costs which

31-2  are necessary for the administration of such an examination.

31-3      (b) Any investigation of a person’s background.

31-4      Sec. 56.  NRS 119A.532 is hereby amended to read as follows:

31-5      119A.532  1.  A person who wishes to engage in the business

31-6  of, act in the capacity of, advertise or assume to act as a manager

31-7  shall register with the Division on a form prescribed by the

31-8  Division.

31-9      2.  The form for registration must include, without limitation:

31-10     (a) The registered name of the time-share plan or the project, or

31-11  both, that the manager will manage;

31-12     (b) The address and telephone number of the manager’s

31-13  principal place of business;

31-14     (c) The social security number of the manager; and

31-15     (d) The name of the manager’s responsible managing employee.

31-16     3.  The form for registration must be accompanied by:

31-17     (a) Satisfactory evidence, acceptable to the Division, that the

31-18  manager and his employees have obtained fidelity bonds in

31-19  accordance with regulations adopted by the Division; and

31-20     (b) The statement required pursuant to NRS 119A.263.

31-21     4.  The Division [may collect a fee for registering a manager in

31-22  an amount not to exceed the administrative costs of] shall collect

31-23  the fee specified in NRS 119A.360 upon registering the manager[.]

31-24  and annually thereafter to maintain the registration.

31-25     5.  As used in this section, “responsible managing employee”

31-26  means the person designated by the manager to:

31-27     (a) Make technical and administrative decisions in connection

31-28  with the manager’s business; and

31-29     (b) Hire, superintend, promote, transfer, lay off, discipline or

31-30  discharge other employees or recommend such action on behalf of

31-31  the manager.

31-32     Sec. 57.  Chapter 119B of NRS is hereby amended by adding

31-33  thereto the provisions set forth as sections 58 to 61, inclusive, of this

31-34  act.

31-35     Sec. 58.  “Division” means the Real Estate Division of the

31-36  Department of Business and Industry.

31-37     Sec. 59.  1.  The Administrator may adopt regulations which

31-38  establish procedures for the Division to conduct business

31-39  electronically pursuant to title 59 of NRS with persons who are

31-40  regulated pursuant to this chapter and with any other persons with

31-41  whom the Division conducts business. The regulations may

31-42  include, without limitation, the establishment of fees to pay the

31-43  costs of conducting business electronically with the Division.

31-44     2.  In addition to the process authorized by NRS 719.280, if

31-45  the Division is conducting business electronically with a person

32-1  and a law requires a signature or record to be notarized,

32-2  acknowledged, verified or made under oath, the Division may

32-3  allow the person to substitute a declaration that complies with the

32-4  provisions of NRS 53.045 to satisfy the legal requirement.

32-5      3.  The Division may refuse to conduct business electronically

32-6  with a person who has failed to pay money which the person owes

32-7  to the Division.

32-8      Sec. 60.  In addition to any other remedy or penalty, the

32-9  Administrator may:

32-10     1.  Refuse to issue a permit to a person who has failed to pay

32-11  money which the person owes to the Division.

32-12     2.  Refuse to renew, or suspend or revoke, the permit of a

32-13  person who has failed to pay money which the person owes to the

32-14  Division.

32-15     Sec. 61.  1.  In addition to any other remedy or penalty, the

32-16  Administrator may impose an administrative fine against any

32-17  person who knowingly:

32-18     (a) Engages or offers to engage in any activity for which a

32-19  permit or any type of authorization is required pursuant to this

32-20  chapter, or any regulation adopted pursuant thereto, if the person

32-21  does not hold the required permit or has not been given the

32-22  required authorization; or

32-23     (b) Assists or offers to assist another person to commit a

32-24  violation described in paragraph (a).

32-25     2.  If the Administrator imposes an administrative fine against

32-26  a person pursuant to this section, the amount of the administrative

32-27  fine may not exceed the amount of any gain or economic benefit

32-28  that the person derived from the violation or $5,000, whichever

32-29  amount is greater.

32-30     3.  In determining the appropriate amount of the

32-31  administrative fine, the Administrator shall consider:

32-32     (a) The severity of the violation and the degree of any harm

32-33  that the violation caused to other persons;

32-34     (b) The nature and amount of any gain or economic benefit

32-35  that the person derived from the violation;

32-36     (c) The person’s history or record of other violations; and

32-37     (d) Any other facts or circumstances that the Administrator

32-38  deems to be relevant.

32-39     4.  Before the Administrator may impose the administrative

32-40  fine, the Administrator must provide the person with notice and an

32-41  opportunity to be heard.

32-42     5.  The person is entitled to judicial review of the decision of

32-43  the Administrator in the manner provided by chapter 233B of

32-44  NRS.

33-1      6.  The provisions of this section do not apply to a person who

33-2  engages or offers to engage in activities within the purview of this

33-3  chapter if:

33-4      (a) A specific statute exempts the person from complying with

33-5  the provisions of this chapter with regard to those activities; and

33-6      (b) The person is acting in accordance with the exemption

33-7  while engaging or offering to engage in those activities.

33-8      Sec. 62.  NRS 119B.010 is hereby amended to read as follows:

33-9      119B.010  As used in this chapter, unless the context otherwise

33-10  requires, the words and terms defined in NRS 119B.020 to

33-11  119B.100, inclusive, and section 58 of this act have the meanings

33-12  ascribed to them in those sections.

33-13     Sec. 63.  NRS 119B.210 is hereby amended to read as follows:

33-14     119B.210  1.  The Administrator shall collect the following

33-15  fees at such times and upon such conditions as he may provide by

33-16  regulation:

 

33-17  For an initial permit to sell memberships in a

33-18  campground...................................... $500

33-19  For each renewal of a permit............ 500

33-20  For each amendment to a public offering

33-21  statement after the issuance of the report[100] 150

33-22  [Application fee] For each application for the

33-23  registration of a representative.... [65] 85

33-24  For each renewal of the registration of a

33-25  representative................................ [65] 85

33-26  For each transfer of [a] the registration of a

33-27  representative to a different developer or location20

33-28  For [reinstatement] each penalty for a late

33-29  renewal of the registration of a representative   [25] 40

33-30  For each change of name or address20

 

33-31     2.  Each developer shall pay an additional fee for each

33-32  membership he sells in a campground in which more than 50

33-33  memberships are available pursuant to the following schedule:

 

33-34                                                                                                  Amount to be

33-35     Number of memberships                                              paid per membership

 

33-36         51—250.......................................... $5.00

33-37       251—500............................................. 4.00

33-38       501—750............................................. 3.00

33-39     751—1500............................................. 2.50

33-40       over 1500............................................. 1.00

34-1      3.  The Administrator may reduce the fees established by this

34-2  section if the reduction is equitable in relation to the costs of

34-3  carrying out the provisions of this chapter.

34-4      Sec. 64.  NRS 645.849 is hereby repealed.

34-5      Sec. 65.  1.  This act becomes effective on July 1, 2003.

34-6      2.  Sections 11, 17, 25, 53, 54 and 56 of this act expire by

34-7  limitation on the date on which the provisions of 42 U.S.C. § 666

34-8  requiring each state to establish procedures under which the state

34-9  has authority to withhold or suspend, or to restrict the use of

34-10  professional, occupational and recreational licenses of persons who:

34-11     (a) Have failed to comply with a subpoena or warrant relating to

34-12  a proceeding to determine the paternity of a child or to establish or

34-13  enforce an obligation for the support of a child; or

34-14     (b) Are in arrears in the payment for the support of one or more

34-15  children,

34-16  are repealed by the Congress of the United States.

 

34-17  TEXT OF REPEALED SECTION

 

34-18     645.849  Filing false document with Administrator

34-19   unlawful; penalty.

34-20     1.  It is unlawful for any person to file with the Administrator

34-21   any notice, statement or other document required under the

34-22   provisions of NRS 645.841 to 645.8494, inclusive, which is false or

34-23   which contains any willful, material misstatement of fact.

34-24     2.  Violation of subsection 1 is a gross misdemeanor.

 

34-25  H