[Rev. 11/21/2013 1:09:34 PM--2013]

CHAPTER 684B - APPRAISERS OF PHYSICAL DAMAGE TO MOTOR VEHICLES

NRS 684B.010        “Motor vehicle physical damage appraiser” defined.

NRS 684B.020        License required; automatic qualification of certain appraisers; exemptions; administrative fine.

NRS 684B.030        Bond.

NRS 684B.040        Application for license; penalty. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684B.040        Application for license; penalty. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684B.050        Examination not required.

NRS 684B.060        Issuance of license; notice of refusal to issue license; refund of license fee.

NRS 684B.070        Form and contents of license.

NRS 684B.080        Expiration and renewal of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684B.080        Expiration and renewal of license. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684B.083        Payment of child support: Statement of applicant for license; grounds for denial of license; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684B.087        Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684B.090        Place of business; display of license.

NRS 684B.100        Records.

NRS 684B.110        Suspension, revocation or limitation of license: Grounds; surrender of license.

NRS 684B.120        Suspension, revocation or limitation of license: Applicable provisions.

NRS 684B.130        Duration of suspension.

NRS 684B.140        Commissioner may levy fine; payment; collection; deposit.

NRS 684B.150        Court may impose fine in lieu of Commissioner’s penalty.

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      NRS 684B.010  “Motor vehicle physical damage appraiser” defined.  As used in this Code “motor vehicle physical damage appraiser” means any person, partnership, association or corporation who, for a separate fee, practices as a business the appraising of damages to motor vehicles insured under automobile physical damage policies or on behalf of third-party claimants.

      (Added to NRS by 1971, 1669)

      NRS 684B.020  License required; automatic qualification of certain appraisers; exemptions; administrative fine.

      1.  No person may act as a motor vehicle physical damage appraiser for motor vehicle physical damage claims on behalf of any insurance company or business organization engaged in the adjustment or appraisal of motor vehicle claims unless the person has:

      (a) Secured a license from the Commissioner.

      (b) Paid all applicable license fees.

      2.  Any person who has been engaged in the business as a motor vehicle physical damage appraiser for a period of 2 consecutive years immediately before January 1, 1972, is entitled to a license upon application to the Commissioner without further qualification.

      3.  The provisions of this section do not apply to:

      (a) A licensed insurance adjuster.

      (b) An employee of any authorized insurer, motor club, motor vehicle dealer or automobile body repair shop.

      4.  A person who acts as a motor vehicle physical damage appraiser in this state without a license, unless exempt under subsection 3, is subject to an administrative fine of not more than $1,000 for each violation.

      (Added to NRS by 1971, 1669; A 2001, 2212; 2009, 1779)

      NRS 684B.030  Bond.

      1.  Before the issuance of a motor vehicle physical damage appraiser’s license the applicant shall file with the Commissioner, and thereafter maintain in force while so licensed, a surety bond in the amount of $2,500 in favor of the people of the State of Nevada, executed by an authorized surety insurer approved by the Commissioner, and conditioned for the faithful performance of required duties.

      2.  The bond shall remain in force until the surety is released from liability by the Commissioner, or until cancelled by the surety. Without prejudice to any prior liability accrued, the surety may cancel the bond upon 30 days’ advance written notice filed with the Commissioner.

      (Added to NRS by 1971, 1669)

      NRS 684B.040  Application for license; penalty. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for a license as a motor vehicle physical damage appraiser must file a written application therefor with the Commissioner on forms prescribed and furnished by the Commissioner. The applicant must furnish information as to his or her identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the Commissioner to determine the applicant’s eligibility and qualifications for the license.

      2.  If the applicant is a natural person, the application must include the social security number of the applicant.

      3.  If the applicant is a business organization, the application must include the names of all members, officers and directors, and must designate each natural person who is to exercise the licensee’s powers. A natural person who is authorized to act for a business organization and who also wishes to be licensed in an individual capacity must obtain a separate license in his or her own name.

      4.  The application must be accompanied by all applicable license fees. The Commissioner shall charge separate fees for each person authorized to act for a business organization.

      5.  An applicant for a license who desires to use a name other than his or her true name must comply with the provisions of NRS 683A.301. The Commissioner shall not issue a license in a trade name unless the name has been registered pursuant to NRS 600.240 to 600.450, inclusive.

      6.  An applicant for a license shall not willfully misrepresent or withhold any fact or information called for in the application form or in connection with the application. A violation of this subsection is a gross misdemeanor.

      (Added to NRS by 1971, 1669; A 1985, 1066; 1987, 152; 1997, 2193; 2001, 2213; 2009, 1780)

      NRS 684B.040  Application for license; penalty. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for a license as a motor vehicle physical damage appraiser shall file a written application therefor with the Commissioner on forms prescribed and furnished by the Commissioner. The applicant shall furnish information as to his or her identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the Commissioner to determine the applicant’s eligibility and qualifications for the license.

      2.  If the applicant is a business organization, the application must show the names of all members, officers and directors, and must designate each natural person who is to exercise the licensee’s powers. A natural person who is authorized to act for a business organization and who also wishes to be licensed in an individual capacity must obtain a separate license in his or her own name.

      3.  The application must be accompanied by all applicable license fees. The Commissioner shall charge separate fees for each person authorized to act for a business organization.

      4.  An applicant for a license who desires to use a name other than his or her true name must comply with the provisions of NRS 683A.301. The Commissioner shall not issue a license in a trade name unless the name has been registered pursuant to NRS 600.240 to 600.450, inclusive.

      5.  An applicant for a license shall not willfully misrepresent or withhold any fact or information called for in the application form or in connection with the application. A violation of this subsection is a gross misdemeanor.

      (Added to NRS by 1971, 1669; A 1985, 1066; 1987, 152; 1997, 2193; 2001, 2213; 2009, 1780, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 684B.050  Examination not required.  No examination of an applicant for a license as a motor vehicle physical damage appraiser shall be required by the Commissioner.

      (Added to NRS by 1971, 1670)

      NRS 684B.060  Issuance of license; notice of refusal to issue license; refund of license fee.

      1.  If the Commissioner finds that the application is complete and the applicant is otherwise eligible and qualified for the license as a motor vehicle physical damage appraiser, the Commissioner shall promptly issue the license. If the Commissioner refuses to issue the license the Commissioner shall promptly notify the applicant in writing of the refusal, stating the grounds for the refusal.

      2.  If the license is refused, the Commissioner shall promptly refund to the applicant any refundable license fees tendered with the application.

      (Added to NRS by 1971, 1670; A 1987, 152; 2009, 1780)

      NRS 684B.070  Form and contents of license.  The Commissioner shall prescribe the form of the motor vehicle physical damage appraiser license, which must state:

      1.  The licensee’s name and business address;

      2.  The date of issuance and the general conditions as to expiration and termination of the license;

      3.  That the bond required by NRS 684B.030 has been filed; and

      4.  Such other conditions as the Commissioner deems proper.

      (Added to NRS by 1971, 1670; A 1987, 153)

      NRS 684B.080  Expiration and renewal of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Each license issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of all applicable fees for renewal to the Commissioner and submission of the statement required pursuant to NRS 684B.083 if the licensee is a natural person. The statement, if required, must be submitted and all applicable fees must be paid on or before the last day of the month in which the license is renewable.

      2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110, and the statement required pursuant to NRS 684B.083 if the person requesting renewal is a natural person.

      (Added to NRS by 1971, 1670; A 1981, 1807; 1987, 153, 462; 1997, 2194; 2009, 1781)

      NRS 684B.080  Expiration and renewal of license. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Each license issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of all applicable fees for renewal to the Commissioner. All applicable fees must be paid on or before the last day of the month in which the license is renewable.

      2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110.

      (Added to NRS by 1971, 1670; A 1981, 1807; 1987, 153, 462; 1997, 2194; 2009, 1781, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 684B.083  Payment of child support: Statement of applicant for license; grounds for denial of license; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  A natural person who applies for the issuance or renewal of a license as a motor vehicle physical damage appraiser shall submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Commissioner shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Commissioner.

      3.  A license as a motor vehicle physical damage appraiser may not be issued or renewed by the Commissioner if the applicant is a natural person who:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2192)

      NRS 684B.087  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a motor vehicle physical damage appraiser, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Commissioner shall reinstate a license as a motor vehicle physical damage appraiser that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2193)

      NRS 684B.090  Place of business; display of license.

      1.  Every motor vehicle physical damage appraiser shall have and maintain in this state a place of business accessible to the public and from which the licensee principally conducts transactions under his or her license. The address of such place shall appear upon the application for a license and upon the license, when issued, and the licensee shall promptly notify the Commissioner in writing of any change thereof. Nothing in this section shall prohibit the maintenance of such place in the licensee’s residence in this state.

      2.  The license of the licensee shall be conspicuously displayed in such place of business in a part thereof customarily open to the public.

      (Added to NRS by 1971, 1671)

      NRS 684B.100  Records.

      1.  Each motor vehicle physical damage appraiser shall keep at the business address shown on his or her license a record of all transactions under the license.

      2.  The record shall include:

      (a) A copy of all appraisals undertaken.

      (b) A statement of any fee, commission or other compensation received or to be received by the appraiser on account of such appraisal.

      3.  The appraiser shall make such records available for examination by the Commissioner at all times, and shall retain the records for at least 3 years.

      (Added to NRS by 1971, 1671)

      NRS 684B.110  Suspension, revocation or limitation of license: Grounds; surrender of license.

      1.  The Commissioner may suspend, revoke, limit or refuse to continue any motor vehicle physical damage appraiser’s license:

      (a) For any cause specified in any other provision of this chapter;

      (b) For any such applicable cause as for revocation of the license of a producer of insurance under NRS 683A.451; or

      (c) If the licensee has for compensation represented or attempted to represent both the insurer and the insured in the same transaction.

      2.  The license of a business organization may be suspended, revoked, limited or continuation refused for any cause which relates to any individual designated in or with respect to the license to exercise its powers.

      3.  The holder of any license which has been suspended or revoked shall forthwith surrender the license to the Commissioner.

      (Added to NRS by 1971, 1671; A 2001, 2213)

      NRS 684B.120  Suspension, revocation or limitation of license: Applicable provisions.  NRS 683A.451, 683A.461 and 683A.480 also apply to suspension, revocation, limitation or refusal to continue motor vehicle physical damage appraiser’s licenses, except where in conflict with the express provisions of this chapter.

      (Added to NRS by 1971, 1672; A 2001, 2214)

      NRS 684B.130  Duration of suspension.  Every order suspending any license shall specify the period during which the suspension shall be effective, which period shall in no event exceed 12 months.

      (Added to NRS by 1971, 1672)

      NRS 684B.140  Commissioner may levy fine; payment; collection; deposit.

      1.  In addition to or in lieu of the suspension, revocation or refusal to renew any motor vehicle physical damage appraiser’s license for any of the causes referred to in NRS 684B.110 (suspension, limitation, revocation of license: Grounds), after hearing thereon or upon waiver of hearing by the licensee, the Commissioner may levy upon the licensee an administrative fine in any amount not less than $25 nor more than $250.

      2.  In his or her order levying the fine the Commissioner shall specify a period of not less than 15 days nor more than 30 days from the date of the order within which the fine shall be paid in full.

      3.  If the fine is not paid when due, the Commissioner shall revoke the license involved, if not already revoked, and the fine shall be recovered in a civil action brought by the Attorney General in the Commissioner’s behalf.

      4.  The Commissioner shall deposit any fine collected by the Commissioner hereunder with the State Treasurer for credit to the General Fund.

      (Added to NRS by 1971, 1672)

      NRS 684B.150  Court may impose fine in lieu of Commissioner’s penalty.

      1.  Upon the hearing of an appeal from the Commissioner’s order suspending, revoking or refusing to continue any license issued under the provisions of this chapter, the court, if it finds that the licensee is guilty of a violation of the law, and if it deems the suspension, revocation or refusal too severe a penalty under the facts as found, may impose a fine of not more than $500 in lieu thereof. Payment of the fine within 10 days thereafter shall reinstate, restore or continue the license.

      2.  If it appears that a license of the licensee has theretofore been suspended, revoked or refused for a similar offense, the court shall not have jurisdiction to impose a fine in lieu of the action required by the order appealed from.

      (Added to NRS by 1971, 1672)