[Rev. 11/21/2013 3:49:56 PM--2013]

[NAC-116A Revised Date: 12-11]

CHAPTER 116A - COMMON-INTEREST COMMUNITIES: REGULATION OF COMMUNITY MANAGERS AND OTHER PERSONNEL

GENERAL PROVISIONS

116A.005         Definitions.

116A.010         “Administrator” defined.

116A.015         “Association” defined.

116A.020         “Certificate” defined.

116A.025         “Client” defined.

116A.030         “Commission” defined.

116A.035         “Community manager” defined.

116A.040         “Distance education” defined.

116A.045         “Division” defined.

116A.050         “Executive board” defined.

116A.055         “Financial records” defined.

116A.060         “Hour of instruction” defined.

116A.065         “Management agreement” defined.

116A.070         “Management of a common-interest community” defined.

116A.075         “Permit” defined.

116A.080         “Provisional community manager” defined.

116A.085         “Reserve study specialist” defined.

116A.090         “Supervising community manager” defined.

116A.093         “Temporary certificate” defined.

116A.095         “Unit’s owner” defined.

CERTIFICATION OF COMMUNITY MANAGERS

116A.110         Application for certificate: Requirements; action by Division; burden of proof.

116A.112         Application for temporary certificate: Requirements.

116A.115         Prerequisites for certificate or temporary certificate: Minimum age; natural person.

116A.120         Prerequisites for certificate: Education and experience.

116A.125         Examination for certificate.

116A.130         Denial of application for certificate or temporary certificate: Grounds; fee not refundable.

116A.135         Denial of application for certificate or temporary certificate: Notice; appeal.

116A.137         Expiration of temporary certificate.

116A.138         Requirements for issuance of certificate upon expiration of temporary certificate.

116A.140         Renewal of certificate.

116A.145         Reinstatement of inactive certificate; reapplication following failure to renew certificate.

116A.150         Invalidation of certificate or temporary certificate.

116A.155         Provisional community managers: General requirements.

116A.160         Provisional community managers: Renewal of certificate.

116A.165         Supervising community managers: Qualifications and responsibilities.

EDUCATION OF COMMUNITY MANAGERS

General Provisions

116A.175         “School” defined.

116A.180         Education audit committees.

Courses for Original Certification

116A.185         Approval of school required; exceptions.

116A.190         Application for and period of approval.

116A.195         Conditions of approval; evidence of certain licensure.

116A.200         Requirements for course: Generally.

116A.205         Requirements for course: Correspondence course.

116A.210         Unacceptable courses.

116A.215         Notice to Division of material change; requirements for renewal of approval; denial of renewal.

116A.220         Misrepresentation in advertising prohibited.

Continuing Education

116A.230         Approval of and requirements for course; record of attendance or completion.

116A.232         Contents of course; unacceptable courses and activities.

116A.235         Distance education course: Requirements and considerations for approval.

116A.240         Approved course: Duties of sponsor.

116A.245         Notice of policy concerning cancellations and refunds.

116A.250         Restrictions on receipt of credit for course; final examination.

116A.255         Credit for attendance at meeting of Commission.

Approved Courses and Instructors

116A.265         Requirements for instructors and guest lecturers; advertising.

116A.270         Instructors: Approval by Division; periodic review and evaluation.

116A.275         Instructors: Responsibilities.

116A.280         Instructors: Withdrawal of approval.

116A.285         Courses: Responsibilities of sponsor; renewal of approval; review and audit; grounds for withdrawing or refusing to renew approval; discipline of sponsor.

116A.290         Courses: Withdrawal of approval.

116A.295         Courses: Reapproval by Division if no changes.

116A.300         Evaluation of course and instructor by students.

116A.305         Certificate of completion of course: Prerequisite activities of student; appeal of denial.

PRACTICE BY COMMUNITY MANAGERS

116A.320         Compliance with statutory standards of practice.

116A.325         Management agreement; evidence of insurance.

116A.330         Required disclosures.

116A.335         Office; display of certificate or temporary certificate.

116A.340         Change of name, address, association or supervising community manager.

116A.345         Prohibited acts.

116A.350         Allegations of misconduct; submission of complaint; investigation and report; action by Administrator; appeal.

116A.355         Grounds for disciplinary action; criteria for determining unprofessional conduct and professional incompetence.

116A.360         Disciplinary action by Commission.

RESERVE STUDY SPECIALISTS

116A.410         Maintenance and availability of list of persons who have registered with Division.

116A.415         Registration: Form; fee; expiration.

116A.420         Registration: Qualifications; refusal or revocation by Division.

116A.425         Standards of practice.

116A.430         Required disclosures.

116A.435         Grounds for disciplinary action; criteria for determining unprofessional conduct and professional incompetence.

116A.440         Conduct of proceedings to hear complaints.

ADMINISTRATION AND ENFORCEMENT

General Provisions

116A.510         Public inspection of records maintained by Division.

116A.515         Fees of Division.

116A.520         Check or draft returned to Division for lack of payment.

116A.525         Fee for background investigation.

Administrative Proceedings

116A.550         Investigation and audit of financial accounts of association; remedial and disciplinary action.

116A.555         Hearing panels: Powers; qualifications of independent hearing officers.

116A.560         Informality of proceedings; rules of evidence.

116A.565         Prehearing conferences.

116A.570         Motions.

116A.575         Amendment and withdrawal of complaints; continuances.

116A.580         Complaint or disciplinary hearing concerning provisional community manager.

116A.585         Responsibilities of respondent.

116A.590         Failure of party to appear.

116A.595         Procedure for hearings; date of decision.

116A.600         Recess of hearing for conference.

116A.605         Preparation and dissemination of final decision after hearing.

116A.610         Voluntary surrender of certificate or temporary certificate in lieu of disciplinary action.

116A.615         Reporting of disciplinary action or denial of certificate or temporary certificate.

116A.620         Appeal of final order of hearing panel; filing of briefs.

116A.625         Review hearings: Setting; notice.

116A.630         Review hearings: Oral argument.

116A.635         Review hearings: Issuance of written decision.

116A.640         Review of final order of hearing panel not appealed by party.

116A.645         Payment of costs for transcript of hearing.

116A.650         Request for hearing prohibited after initiation of civil action or submission for mediation or arbitration.

116A.655         Request for hearing prohibited for improper purpose.

 

GENERAL PROVISIONS

      NAC 116A.005  Definitions. (NRS 116A.200)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 116A.010 to 116A.095, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008; A by R165-09, 12-16-2010)

      NAC 116A.010  “Administrator” defined. (NRS 116A.200)  “Administrator” means the Real Estate Administrator.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.015  “Association” defined. (NRS 116A.200)  “Association” has the meaning ascribed to it in NRS 116.011.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.020  “Certificate” defined. (NRS 116A.200)  “Certificate” means a certificate, other than a temporary certificate, for the management of a common-interest community issued by the Division.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)

      NAC 116A.025  “Client” defined. (NRS 116A.200)  “Client” means an executive board that has entered into a management agreement with a community manager.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)

      NAC 116A.030  “Commission” defined. (NRS 116A.200)  “Commission” means the Commission for Common-Interest Communities and Condominium Hotels created by NRS 116.600.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.035  “Community manager” defined. (NRS 116A.200)  “Community manager” means a person who holds a certificate or temporary certificate and who provides for or otherwise engages in the management of a common-interest community.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; R205-05, 9-18-2006; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)

      NAC 116A.040  “Distance education” defined. (NRS 116A.200)  “Distance education” means instruction which is delivered by means of video, computer, television, correspondence, the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the student receiving the instruction are separated by distance or by time, or by both distance and time.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.039)

 

      NAC 116A.045  “Division” defined. (NRS 116A.200)  “Division” means the Real Estate Division of the Department of Business and Industry.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.050  “Executive board” defined. (NRS 116A.200)  “Executive board” has the meaning ascribed to it in NRS 116.045.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)

      NAC 116A.055  “Financial records” defined. (NRS 116A.200)  “Financial records” means the financial or transaction records necessary to support the financial statements of an association which include, without limitation, receipts, bank statements, income tax reports, reserve studies, budgets, contracts, minutes of executive board meetings, inventories, investments, expenses, disbursements, obligations, depreciation in property or equipment, contingent liabilities and any other records deemed necessary by the Division or by the accountants or auditors of an association.

     (Added to NAC by Comm’n for Common-Interest Communities by R205-05, eff. 9-18-2006)

      NAC 116A.060  “Hour of instruction” defined. (NRS 116A.200)  “Hour of instruction” means 50 minutes or more, and one semester credit is equal to 15 hours of instruction.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.044)

      NAC 116A.065  “Management agreement” defined. (NRS 116A.200)  “Management agreement” means an agreement for the management of a common-interest community.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)

      NAC 116A.070  “Management of a common-interest community” defined. (NRS 116A.200)  “Management of a common-interest community” means the physical, administrative or financial maintenance and management of a common-interest community, or the supervision of those activities, for a fee, commission or other valuable consideration.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)

      NAC 116A.075  “Permit” defined. (NRS 116A.200)  “Permit” means a permit to engage in property management issued pursuant to the provisions of chapters 645 of NRS and NAC.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)—(Substituted in revision for NAC 116.055)

      NAC 116A.080  “Provisional community manager” defined. (NRS 116A.200)  “Provisional community manager” means a person who has fulfilled the educational requirements for certification as set forth in NAC 116A.120 but has not yet fulfilled the experience requirements for certification as set forth in NAC 116A.155. A provisional community manager may perform the tasks of a community manager under the supervision of a supervising community manager.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by R205-05, 9-18-2006)

 

      NAC 116A.085  “Reserve study specialist” defined. (NRS 116A.200)  “Reserve study specialist” means a person who conducts a study of the reserves of an association pursuant to NRS 116.31152 or 116B.605.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.090  “Supervising community manager” defined. (NRS 116A.200)  “Supervising community manager” means a community manager who:

     1.  Meets the qualifications set forth in NAC 116A.165; and

     2.  Is responsible for the supervision of one or more provisional community managers or community managers.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by R205-05, 9-18-2006)

      NAC 116A.093  “Temporary certificate” defined. (NRS 116A.200)  “Temporary certificate” means a certificate which is:

     1.  Valid for only 1 year; and

     2.  Issued to a person pursuant to the provisions of subparagraph (1) or (2) of paragraph (a) of subsection 1 of NRS 116A.410.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, eff. 12-16-2010)

      NAC 116A.095  “Unit’s owner” defined. (NRS 116A.200)  “Unit’s owner” has the meaning ascribed to it in NRS 116.095.

     (Added to NAC by Comm’n for Common-Interest Communities by R205-05, eff. 9-18-2006)

CERTIFICATION OF COMMUNITY MANAGERS

      NAC 116A.110  Application for certificate: Requirements; action by Division; burden of proof. (NRS 116A.200, 116A.410)

     1.  A person who wishes to obtain a certificate must submit an application to the Division on a form prescribed by the Division.

     2.  Each applicant, other than an applicant who holds a temporary certificate, must, as part of the application and at his or her own expense:

     (a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and

     (b) Submit to the Division:

          (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary; or

          (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

     3.  In addition to the requirements set forth in subsection 2, the applicant must submit to the Division:

     (a) A photograph of the applicant, measuring approximately 2 inches by 2 inches, taken within the 2 years immediately preceding the date of the application;

 

     (b) If the applicant does not hold a temporary certificate, payment of the fees charged by a local law enforcement agency pursuant to NAC 116A.525 or, if the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository pursuant to subsection 2, evidence of such payment;

     (c) The social security number of the applicant;

     (d) A statement concerning whether the applicant has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or possessing for the purpose of sale any controlled substance or any crime involving moral turpitude;

     (e) Documentation that the applicant holds a temporary certificate or possesses the education and experience required pursuant to NAC 116A.120 and, if applicable, NAC 116A.155;

     (f) If the applicant does not hold a temporary certificate, documentation of the employment history of the applicant for the 10 years immediately preceding the date of the application, including, without limitation, letters of recommendation and affidavits of employment from common-interest communities or employers in other related areas;

     (g) The statement described in NRS 116A.440;

     (h) The fee required by NAC 116A.515 for the application for, and issuance of, a certificate; and

     (i) Such other pertinent information as the Division may require.

     4.  The Division shall act upon all applications for a certificate within 60 days after the date of receiving the completed application for a certificate.

     5.  If the Division determines that additional investigation of the applicant is necessary, the Division may extend the 60-day period and may make such additional investigation as is necessary or desirable before acting upon the application.

     6.  The burden of proof is on the applicant to establish to the satisfaction of the Division that he or she is qualified to receive a certificate.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by R136-99, 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.100)

      NAC 116A.112  Application for temporary certificate: Requirements. (NRS 116A.200, 116A.410)

     1.  A person who wishes to obtain a temporary certificate must submit to the Division:

     (a) An application on a form prescribed by the Division;

     (b) The material required by subsections 2 and 3;

     (c) Payment of the fee described in NAC 116A.525 for conducting a background investigation or, if the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository for Nevada Records of Criminal History pursuant to subsection 2, evidence of such payment;

     (d) The statement described in NRS 116A.440; and

     (e) The fee required by NAC 116A.515 for the application for, and issuance of, a temporary certificate.

     2.  Each applicant must, as part of the application and at his or her own expense:

     (a) Arrange to have a complete set of the applicant’s fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and

     (b) Submit to the Division:

          (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary; or

          (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

     3.  In addition to the requirements set forth in subsection 2, the applicant must submit to the Division:

     (a) Evidence that the applicant:

          (1) Holds a professional designation in the field of management of a common-interest community from a nationally recognized organization;

          (2) Has been engaged full-time in the management of a common-interest community for at least 5 years; and

          (3) Has not been the subject of any disciplinary action in another state in connection with the management of a common-interest community; or

     (b) The agenda and approved minutes of the meeting of the executive board of an association at which the executive board offered to employ the applicant as a community manager or any other evidence which demonstrates that:

          (1) The applicant has received an offer of employment as a community manager from an association or its agent; and

          (2) The executive board of the association, or its agent, making the offer of employment determined that the applicant has management experience sufficient to enable the applicant to act as a community manager.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, eff. 12-16-2010)

      NAC 116A.115  Prerequisites for certificate or temporary certificate: Minimum age; natural person. (NRS 116A.200, 116A.410)

     1.  An application for a certificate or temporary certificate will not be accepted from a person under the age of 17 years.

     2.  A certificate or temporary certificate may only be issued to:

     (a) A person 18 years of age or older.

     (b) A natural person.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.110)

      NAC 116A.120  Prerequisites for certificate: Education and experience. (NRS 116A.200, 116A.410)

     1.  Except as otherwise provided in subsection 2, an applicant for a certificate who does not hold a temporary certificate must have successfully completed at least 60 hours of instruction in courses in the management of a common-interest community that have been approved by the Commission, including, without limitation:

     (a) At least 20 hours of instruction relating to federal, state and local laws applicable to the management of a common-interest community, including, without limitation:

          (1) Not less than 2 hours of instruction relating to federal laws applicable to common-interest communities, including, but not limited to, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3602 et seq., and the Fair Debt Collection Practices Act of 1996, 15 U.S.C. §§ 1601 et seq.; and

          (2) Not less than 18 hours of instruction relating to the Uniform Common-Interest Ownership Act as set forth in this chapter, chapter 116 of NAC and chapters 116 and 116A of NRS.

     (b) At least 40 cumulative hours of instruction in the following subjects:

          (1) Understanding the legal basics of common-interest communities and their governing documents;

          (2) The management of facilities and the use of experts;

          (3) Accounting, including, without limitation, the preparation and monitoring of budgets, expenditures and reserves and the use of financial statements;

          (4) Contracts with the common-interest community, including obtaining bids and requests for proposals;

          (5) Parliamentary procedures, types and uses as may be required by law or the governing documents or bylaws of a common-interest community;

          (6) The management of human resources, including, the ability to communicate and interact effectively with other people;

          (7) Inspection and planning for property maintenance;

          (8) Risk management;

          (9) The types of insurance that must be maintained by a common-interest community pursuant to NRS 116.3113;

          (10) Governmental regulations that affect a common-interest community, including, without limitation, zoning and planning;

          (11) The Nevada Fair Housing Law as set forth in chapter 118 of NRS;

          (12) The Residential Landlord and Tenant Act as set forth in chapter 118A of NRS;

          (13) The disclosure of required information in real estate transactions;

          (14) Defects in construction;

          (15) Alternative dispute resolution for claims relating to residential property within a common-interest community as set forth in NRS 38.300 to 38.360, inclusive;

          (16) Corporation law;

          (17) Industrial insurance;

          (18) Health and safety; and

          (19) Business ethics.

     (c) Provide evidence that he or she has been engaged in the management of a common-interest community or has held a management position in a related area for:

          (1) The 12 months immediately preceding the date of his or her application; or

          (2) At least 2 of the 4 years immediately preceding the date of his or her application.

     2.  An applicant for a certificate may provide evidence of any other combination of education and experience that the Division may deem to be equivalent to the requirements set forth in this section.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by R136-99, 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005, eff. 1-1-2006; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.120)

      NAC 116A.125  Examination for certificate. (NRS 116A.200, 116A.410)

     1.  An applicant for a certificate must:

     (a) Pass an examination which has been approved by the Division with a minimum score of 75 percent; and

     (b) Pay the fee required by NAC 116A.515 for an examination.

     2.  The Division will only accept results of an examination taken during the 12 months immediately preceding the date of the application for a certificate.

     3.  Passing the examination creates no vested right in the applicant to hold a certificate pending the appeal of a denial of his or her certification by the Division.

     4.  An applicant who fails the examination may retake the examination.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by Comm’n for Common-Interest Communities by R107-04, 8-25-2004; R129-04, 4-14-2005)—(Substituted in revision for NAC 116.130)

 

      NAC 116A.130  Denial of application for certificate or temporary certificate: Grounds; fee not refundable. (NRS 116A.200, 116A.410)

     1.  The Division shall deny an application for a certificate or temporary certificate if:

     (a) The application is not in the proper form;

     (b) The application is not accompanied by the fees required by NAC 116A.515;

     (c) The accompanying forms or documentation are incomplete or otherwise unsatisfactory;

     (d) The application contains a false or misleading statement;

     (e) Other deficiencies appear in the application;

     (f) An investigation fails to show affirmatively that the applicant possesses the necessary qualifications;

     (g) The applicant has willfully acted or attempted to act in violation of chapter 116, 116A, 119, 119A, 645 or 645A of NRS or the regulations adopted pursuant to those chapters or has willfully aided or abetted another person to act or attempt to act in violation of those chapters or regulations;

     (h) The check or draft used to pay the fee for the application for a certificate is not honored by the financial institution upon which it is drawn;

     (i) The applicant has had a license, certificate or permit revoked in another state;

     (j) The applicant has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or possessing for the purpose of sale any controlled substance or any crime involving moral turpitude; or

     (k) Any combination thereof.

     2.  The Division shall not refund a fee for the application for, and issuance of, a certificate or temporary certificate.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.140)

      NAC 116A.135  Denial of application for certificate or temporary certificate: Notice; appeal. (NRS 116A.200, 116A.410)

     1.  If the Division, after an application for a certificate or temporary certificate in proper form has been filed, accompanied by the proper fees, denies an application, the Division shall give notice of this fact to the applicant within 15 days after the ruling, order or decision.

     2.  Within 30 days after receipt of a notice of denial, an applicant may request, in writing, a hearing before the Commission. The Division will set the matter for a hearing to be conducted as soon as practicable after receipt of the request of the applicant if the request contains allegations which, if true, qualify the applicant for a certificate or temporary certificate.

     3.  The hearing must be held at such time and place as the Commission prescribes. At least 15 days before the date set for the hearing, the Division shall notify the applicant and shall accompany the notification with an exact copy of any protest filed, together with copies of all communications, reports, affidavits or depositions in possession of the Division relevant to the matter in question. Written notice of hearing may be served by delivery personally to the applicant, or by mailing it by certified mail to the last known address of the applicant.

     4.  The hearing may be held by the Commission or a majority thereof, and a hearing must be held if the applicant so wishes. A record of the proceedings, or any part thereof, must be made available to each party upon the payment to the Division of the reasonable cost of transcription.

     5.  The Commission will render a written decision on any appeal within 60 days after the final hearing and will notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.150)

      NAC 116A.137  Expiration of temporary certificate. (NRS 116A.200, 116A.410)

     1.  Except as otherwise provided in subsection 2, a temporary certificate expires 1 year after the date on which the temporary certificate is issued.

     2.  If a person who holds a temporary certificate obtained the temporary certificate by submitting the material described in paragraph (b) of subsection 3 of NAC 116A.112 and the person ceases to be employed by the association which made an offer of employment to the person:

     (a) The temporary certificate expires as of the time that the employment of the person ceases; and

     (b) Not later than 10 days after the person ceases to be employed by the association or agent of an association, the association or agent shall notify the Division that the employment of the holder of the temporary certificate has ceased.

     3.  A temporary certificate may not be renewed, and no person may obtain another temporary certificate after the temporary certificate issued to that person has expired.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, eff. 12-16-2010)

      NAC 116A.138  Requirements for issuance of certificate upon expiration of temporary certificate. (NRS 116A.200, 116A.410)  Upon the expiration of a temporary certificate, the Division shall issue a certificate to the person who held the temporary certificate if the person has:

     1.  Completed not less than 18 hours of instruction relating to the Uniform Common-Interest Ownership Act as set forth in this chapter, chapter 116 of NAC and chapters 116 and 116A of NRS;

     2.  Satisfied the requirements of NAC 116A.110, 116A.115 and 116A.125; and

     3.  Not been the subject of any disciplinary action pursuant to this chapter, chapter 116 of NAC or chapter 116 or 116A of NRS.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, eff. 12-16-2010)

      NAC 116A.140  Renewal of certificate. (NRS 116A.200, 116A.410)

     1.  A certificate must be renewed biennially.

     2.  Except as otherwise provided by subsection 5, the Division shall renew a certificate if the applicant submits to the Division before the expiration of the certificate:

     (a) A completed application on a form prescribed by the Division;

     (b) The statement described in NRS 116A.440;

     (c) The fee required by NAC 116A.515 for renewal; and

     (d) Documentation of the successful completion by the applicant of at least 18 hours of continuing education in courses approved by the Commission within the 2 years immediately preceding the date on which the certificate expires. At least 3 hours of the continuing education must consist of instruction relating to this chapter, chapter 116 of NAC and chapters 116, 116A and 116B of NRS, with an emphasis on recent changes to those chapters.

     3.  The renewal of a certificate is effective on the date on which the renewal is issued.

     4.  If the holder of a certificate fails to complete the required hours of continuing education or fails to file an application for the renewal of the certificate before it expires, the holder may not engage in the management of a common-interest community until the certificate is reinstated.

     5.  The Division may refuse to renew a certificate if:

     (a) The applicant has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or possessing for the purpose of sale any controlled substance or any crime involving moral turpitude;

     (b) The applicant fails to complete, sign and submit the statement required pursuant to NRS 116A.440;

     (c) The Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional certificates and permits issued to the applicant; or

     (d) The applicant has engaged in conduct which is grounds for disciplinary action pursuant to NAC 116A.355 and has been disciplined by the Division or Commission.

     6.  If the Division, after an application to renew a certificate in proper form has been filed, accompanied by the proper fees, refuses to renew the certificate, it shall give notice of this fact to the applicant within 15 days after the ruling, order or decision. The applicant may file a written request for a hearing before the Commission pursuant to the procedures set forth in NAC 116A.135.

     7.  If the Division refuses to renew a certificate because it receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional certificates and permits issued to the applicant, the Division shall reinstate the certificate if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by R136-99, 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; R205-05, 9-18-2006; A by Comm’n for Common-Interest Communities & Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.160)

REVISER’S NOTE.

      The regulation of the Commission on Common-Interest Communities (now the Commission for Common-Interest Communities and Condominium Hotels) filed with the Secretary of State on April 14, 2005 (LCB File No. R129-04), which amended this section, contains the following provision not included in NAC:

      “The provisions of [former] paragraph (d) of subsection 2 of NAC 116.160 [(cf. NAC 116A.140)], as amended by this regulation, do not apply to a person who applies for renewal of a certificate before July 1, 2006.”

 

      NAC 116A.145  Reinstatement of inactive certificate; reapplication following failure to renew certificate. (NRS 116A.200, 116A.410)

     1.  A certificate holder whose certificate is on inactive status for a period of more than 1 year and who wishes to reinstate the certificate must submit an application to the Division on a form prescribed by the Division.

     2.  Each applicant must, as part of the application and at his or her own expense:

     (a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and

     (b) Submit to the Division:

          (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary; or

          (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

     3.  In addition to the requirements set forth in subsection 2, the applicant must submit to the Division:

     (a) Payment of the fees charged by a local law enforcement agency pursuant to NAC 116A.525 or, if the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository pursuant to subsection 2, evidence of such payment;

     (b) Documentation that the applicant possesses the education required pursuant to NAC 116A.140;

     (c) Documentation that the applicant has passed the examination for certification;

     (d) The statement described in NRS 116A.440;

     (e) Payment of the fee required by NAC 116A.515 for reinstatement; and

     (f) Such other pertinent information as the Division may require.

     4.  If a certificate has not been renewed for a period that exceeds 1 year past its expiration date, an applicant must reapply pursuant to the provisions of NAC 116A.110.

     5.  The Division may refuse to reinstate a certificate if:

     (a) The applicant has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or possessing for the purpose of sale any controlled substance or any crime involving moral turpitude;

     (b) The applicant fails to complete, sign and submit the statement required pursuant to NRS 116A.440;

     (c) The Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional certificates and permits issued to the applicant; or

     (d) The applicant has engaged in conduct which is grounds for disciplinary action pursuant to NAC 116A.355 and has been disciplined by the Division or the Commission.

     6.  If the Division, after an application to reinstate a certificate in proper form has been filed, accompanied by the proper fees, refuses to reinstate the certificate, the Division shall give notice of this fact to the applicant within 15 days after the ruling, order or decision. The applicant may file a written request for a hearing before the Commission pursuant to the procedures set forth in NAC 116A.135.

     7.  If the Division refuses to reinstate a certificate solely because it receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional certificates and permits issued to the applicant, the Division shall reinstate the certificate if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.165)

      NAC 116A.150  Invalidation of certificate or temporary certificate. (NRS 116A.200, 116A.410)  The Division, upon the discovery of any error in the issuance of a certificate or temporary certificate which is related to the qualification or fitness of the holder thereof, may invalidate the certificate or temporary certificate upon notice in writing to the holder. The holder shall surrender the certificate or temporary certificate to the Division within 20 days after the notice is sent by the Division. A person whose certificate or temporary certificate has been invalidated and surrendered pursuant to this section may request a hearing on the matter in the same manner as for the denial of an application pursuant to NAC 116A.135.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.169)

      NAC 116A.155  Provisional community managers: General requirements. (NRS 116A.200, 116A.400, 116A.410)

     1.  A provisional community manager must:

     (a) Be supervised by a supervising community manager for a minimum of 2 years; and

     (b) Except as otherwise provided in NAC 116A.160, within 2 years after the issuance of the certificate granting provisional status, obtain 3,120 hours of active experience in the following areas:

          (1) Financial management of an association;

          (2) Property and facilities management;

          (3) Specific duties relating to the management of a common-interest community as provided in this chapter, chapter 116 of NAC and chapters 116 and 116A of NRS;

          (4) Governance of an association;

          (5) Insurance coverage; and

          (6) Building a sense of community within an association.

     2.  Except as otherwise provided in subsection 3, upon obtaining 2 years of active experience in this State, a provisional community manager is entitled to act as a community manager without being supervised by a supervising community manager if the provisional community manager submits to the Division:

     (a) A statement, on a form prescribed by the Division, completed and signed by the supervising community manager that verifies:

          (1) The extent of the active experience gained in each of the areas set forth in subsection 1; and

          (2) That the provisional community manager has met the active experience requirements set forth in subsection 1;

     (b) A certificate of completion for the 18 hours of continuing education required pursuant to NAC 116A.140; and

     (c) The fee required by NAC 116A.515 for the renewal of a certificate.

     3.  A provisional community manager may submit to the Division evidence of any other education or experience that the Division may deem to be equivalent to the requirements of this section.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, 4-14-2005, eff. 1-1-2006; A by R205-05, 9-18-2006; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.175)

      NAC 116A.160  Provisional community managers: Renewal of certificate. (NRS 116A.200, 116A.410)  A provisional community manager who has not obtained the active experience required pursuant to NAC 116A.155 may renew his or her certificate granting provisional status for an additional 2 years if he or she submits to the Division:

     1.  A certificate of completion for the 18 hours of continuing education required pursuant to NAC 116A.140; and

     2.  The fee required by NAC 116A.515 for the renewal of a certificate.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, 4-14-2005, eff. 1-1-2006)—(Substituted in revision for NAC 116.180)

      NAC 116A.165  Supervising community managers: Qualifications and responsibilities. (NRS 116A.200, 116A.400, 116A.410)

     1.  A community manager is qualified to act as a supervising community manager if he or she:

     (a) Submits to the Division, on a form prescribed by the Division, an application to act as a supervising community manager;

     (b) Has been actively engaged in the full-time management of a common-interest community in this State, another state or the District of Columbia for at least 4 years immediately preceding becoming a supervising community manager, with at least 2 of the 4 years of experience obtained in this State;

     (c) Is in good standing with the Division or any state or the District of Columbia where he or she is licensed or certified; and

     (d) Is competent to engage in the management of a common-interest community and the supervision of community managers in a manner which will safeguard the interests of the public.

     2.  A supervising community manager is responsible for:

     (a) Supervising one or more provisional community managers or community managers;

     (b) Determining the competency of the provisional community managers or community managers who are supervised by him or her to perform delegated tasks of managing a common-interest community;

     (c) Teaching the provisional community managers and community managers who are supervised by him or her the fundamentals of managing a common-interest community and the ethics of the profession;

     (d) Supervising the activities and operation of managing a common-interest community;

     (e) Establishing the policies, rules, procedures and systems that will allow the supervising community manager to review, oversee and manage any business conducted by the provisional community managers or community managers who are supervised by him or her, including any other employees;

     (f) Establishing reasonable procedures and safeguards for the filing, storage, handling and maintenance of documents that may have a material effect upon the rights or obligations of the parties to the management agreement and the association affected by the management agreement; and

     (g) Establishing reasonable procedures and safeguards for the handling of any money received on behalf of a client.

     3.  In establishing the policies, rules, procedures and systems pursuant to subsection 2, a supervising community manager shall consider the number of community managers and other employees associated with the supervising community manager and the number and location of branch offices operated or managed by the supervising community manager.

     4.  The supervising community manager shall appoint for each branch office a supervising community manager to supervise and oversee the activities and operations of the branch office.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, 4-14-2005, eff. 1-1-2006; A by R205-05, 9-18-2006; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.185)

EDUCATION OF COMMUNITY MANAGERS

General Provisions

      NAC 116A.175  “School” defined. (NRS 116.615, 116.665, 116A.200)  For the purposes of NAC 116A.175 to 116A.305, inclusive, “school” includes:

     1.  Any university, school or community college which is a part of the Nevada System of Higher Education, or any other university or college bearing the same or an equivalent accreditation.

     2.  Any professional school or college licensed by the Nevada Commission on Postsecondary Education.

     3.  Any out-of-state professional school or college licensed or accredited by a real estate commission, a department of education or an equivalent agency of this or any other state.

     4.  A nationally recognized professional organization which provides educational courses and national accreditation of courses or schools for those engaged in the management of common-interest communities.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.195)

      NAC 116A.180  Education audit committees. (NRS 116.615, 116.665, 116A.200)

     1.  The Commission may establish one or more education audit committees.

     2.  The Commission will create and maintain a list of persons who have been approved by the Commission to serve on an education audit committee. A person is eligible to be included on the list if the person is a current or former member of the Commission or if the person:

     (a) Is a resident of this State;

     (b) Has resided in a common-interest community or condominium hotel or has been actively engaged in a business or profession related to common-interest communities or condominium hotels for not less than 3 years immediately preceding the date on which the person is approved by the Commission to serve on an education audit committee;

     (c) Has served as a member of the executive board of the association of a common-interest community or condominium hotel or has professional experience related to common-interest communities or condominium hotels;

     (d) Has knowledge of the laws and regulations governing members of the executive board of the association of a common-interest community or condominium hotel, has knowledge of the laws and regulations governing common-interest communities or condominium hotels or has knowledge concerning the preparation of financial reports or reserve studies;

     (e) Has a good reputation for honesty, trustworthiness and integrity; and

     (f) Has not been disciplined by the Commission or the Division acting on behalf of the Commission within the 5 years immediately preceding the date on which the person is approved by the Commission to serve on an education audit committee.

     3.  For each education audit committee established by the Commission, the Commission will:

     (a) Determine the number of persons who will serve on the education audit committee; and

     (b) Select the members of the education audit committee from the list created and maintained pursuant to subsection 2.

     4.  Each member of an education audit committee established by the Commission pursuant to this section:

     (a) Serves at the pleasure of the Commission and without compensation; and

     (b) While engaged in the discharge of the official duties of a member of an education audit committee, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

     5.  The Administrator may select an education audit committee established by the Commission to assist the Division with the review and audit of:

     (a) An instructor approved by the Commission;

     (b) A course of instruction designed to fulfill the educational requirements for the issuance of an original certificate which is approved or funded by the Commission; or

     (c) A course for continuing education which is approved or funded by the Commission.

     6.  An education audit committee selected by the Administrator pursuant to subsection 5 shall prepare and provide to the Division an audit report for each instructor and course reviewed and audited by the education audit committee.

     7.  The Division and the Commission may use an audit report prepared by an education audit committee pursuant to subsection 6 to determine whether an instructor or sponsor of a course is satisfying the requirements of NAC 116A.175 to 116A.305, inclusive.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R166-09, eff. 5-5-2011)

Courses for Original Certification

      NAC 116A.185  Approval of school required; exceptions. (NRS 116.615, 116.665, 116A.200)

     1.  Except as otherwise provided in subsection 2, before any school offers or conducts a course of instruction designed to fulfill the educational requirements for issuance of an original certificate under this chapter and chapter 116A of NRS, the school must be approved by the Commission.

     2.  The Commission may accept a course from any of the following schools without prior approval of the school:

     (a) Any university, school or community college of the Nevada System of Higher Education or other university or college bearing the same or equivalent accreditation.

     (b) Any other school offering a course in the management of common-interest communities if the course is:

          (1) Approved by any real estate commission or division in any state of the United States or province of Canada; or

 

 

          (2) In the judgment of the Commission, equivalent in quality to the courses of colleges or universities accredited by any regional accrediting agency recognized by the United States Department of Education.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.201)

      NAC 116A.190  Application for and period of approval. (NRS 116.615, 116.665, 116A.200)

     1.  A school that wishes to offer courses to meet the educational requirements for original certification under this chapter and chapter 116A of NRS must:

     (a) Apply to the Commission annually for approval on a form prescribed by the Division; and

     (b) Pay the appropriate fee required by NAC 116A.515 for approval of courses.

     2.  The application must include, without limitation:

     (a) The name and address of the school;

     (b) The type of school and a description of its facilities;

     (c) Information concerning the ownership of the school, including the business organization and the names and addresses of all directors, principals, officers and others having interests as owners;

     (d) A list of the instructors;

     (e) A list of the courses to be offered and a topical syllabus for each;

     (f) The allotment of time for each subject;

     (g) A proposed schedule of courses for 1 year;

     (h) The titles, authors and publishers of all required textbooks;

     (i) A copy of each examination to be used and the correct answer for each question;

     (j) A statement of:

          (1) The purpose of the school;

          (2) The fees to be charged;

          (3) The days, times and locations of classes;

          (4) The number of quizzes and examinations;

          (5) The grading systems, including the methods of testing and standards of grading;

          (6) The requirements for attendance; and

          (7) The location of the students’ records; and

     (k) A statement as to whether the school or any instructor employed by the school has been disciplined by any governmental agency in this or any other state.

     3.  The Commission’s approval of a course to meet the educational requirements for an original certificate is effective for 1 year after the original approval or a renewal.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.204)

      NAC 116A.195  Conditions of approval; evidence of certain licensure. (NRS 116.615, 116.665, 116A.200)

     1.  If a school has applied for and received the approval of the Commission to offer courses to meet the requirements for original certification under this chapter and chapter 116A of NRS, the school shall, as a condition of the approval:

     (a) Maintain a record of attendance and certification for each student in any of those courses for 7 years after the student’s enrollment and shall have such records open to inspection by the Division, upon its request, during the regular business hours of the school.

     (b) Upon the request of a transferring student, furnish the school to which the student is transferring a copy of his or her attendance record and certification for each of those courses which he or she has completed.

     (c) Upon the request of a student, furnish the Division a transcript of the record of his or her grades and attendance.

     2.  A school that does not meet the definition of a “school” set forth in subsection 1, 3 or 4 of NAC 116A.175 must provide evidence to the Division that the school is licensed to operate by the Commission on Postsecondary Education.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.207)

      NAC 116A.200  Requirements for course: Generally. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  Except as otherwise provided in NAC 116A.205, a school that the Commission has approved to give a course fulfilling the educational requirements for an original certificate shall require each student to attend the required number of hours of instruction and to pass at least two written examinations in the course with a minimum score of 75 percent as a condition of receiving certification for the course.

     2.  The school may certify only the number of hours for which the course has been approved by the Commission.

     3.  The entire course must be completed by the student to satisfy the requirements for an original certificate.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.211)

      NAC 116A.205  Requirements for course: Correspondence course. (NRS 116.615, 116.665, 116A.200, 116A.410)  If the Commission approves a school to give a course of study which fulfills the educational requirements for an original certificate and the school offers the course by correspondence, the school shall:

     1.  Require each student to:

     (a) Pass a closed-book final examination with a minimum score of 75 percent and with a proctor present at a location designated by the school in its application for approval filed with the Commission;

     (b) Take two progress examinations or quizzes in addition to the final examination;

     (c) Prove his or her identity before he or she is allowed to take any examination; and

     (d) Complete each course within an established minimum and maximum time.

     2.  Certify the completion of only the number of hours for which the course has been approved by the Commission. A portion of a course does not satisfy the requirements for an original certificate.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.214)

      NAC 116A.210  Unacceptable courses. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  The Division shall not accept an applicant’s completion of any course which is designed to prepare students for examination, commonly known as a “cram course,” as fulfillment of the educational requirements for his or her original certification.

     2.  None of the following kinds of courses will be accepted from an applicant as fulfillment of any part of the 60 hours of education required by NAC 116A.120 for original certification:

     (a) Courses designed to develop or improve clerical, office or business skills that are not related to the management of a common-interest community, such as typing, shorthand, operation of business machines, the use of computers or computer software, improvement of memory, or writing of letters and reports; or

     (b) Business courses in advertising, marketing or psychology.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.217)

 

      NAC 116A.215  Notice to Division of material change; requirements for renewal of approval; denial of renewal. (NRS 116.615, 116.665, 116A.200)

     1.  Within 15 days after the occurrence of any material change in the information provided by the school in its application pursuant to NAC 116A.190 which would affect its approval by the Commission, the school shall give the Division written notice of that change.

     2.  To qualify for annual renewal of approval by the Commission, a school must submit to the Commission before July 1:

     (a) A written certification, in a form prescribed by the Division, declaring that the school has met all applicable requirements of this chapter;

     (b) A sworn statement, in a form prescribed by the Division, declaring that the information contained in the original application is current or, if it is not current, a list of all material changes; and

     (c) Payment of the appropriate fee required by NAC 116A.515 for the renewal of courses.

     3.  The Commission may deny renewal of approval to any school that does not meet the standards required by this chapter.

     4.  Within 60 days after a decision is made to deny renewal of approval, the Commission must give written notice of the decision and the basis for that decision by certified mail to the last known address of the school.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.221)

      NAC 116A.220  Misrepresentation in advertising prohibited. (NRS 116.615, 116.665, 116A.200)  A school approved by the Commission shall not make any misrepresentation in its advertising about any course of instruction which it offers to fulfill requirements for certification under this chapter.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.224)

Continuing Education

      NAC 116A.230  Approval of and requirements for course; record of attendance or completion. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  Except as otherwise provided in subsection 4, an application for the approval of a course for continuing education must be submitted to the Division on a form provided by the Division for review and presentation to the Commission and must include the fee required by NAC 116A.515. If the Commission approves a course for continuing education, the Commission’s approval is effective for 1 year after the original approval or a renewal and the Commission will not grant more than:

     (a) Seven hours of credit for continuing education for a day of instruction in the course if the sponsor does not require a student to complete and pass a final examination to pass the course.

     (b) Eight hours of credit for continuing education for a day of instruction in the course if the sponsor requires a student to complete and pass a final examination to pass the course.

     2.  The Commission may grant retroactive approval for a course for continuing education.

     3.  If an application for the approval of a course for continuing education is presented to the Commission pursuant to subsection 1, the Commission will grant credit for the course only if:

     (a) The course consists of at least 3 hours of distance education or instruction in a classroom.

     (b) The course satisfies the requirements of NAC 116A.232.

     (c) For a course of instruction in a classroom, the sponsor of the course:

          (1) Certifies the attendance of holders of a certificate who take the course for credit.

          (2) Maintains for at least 4 years a record of attendance which contains the following information with respect to each holder of a certificate who has taken the course for credit:

               (I) The name of the holder of a certificate in attendance and the number of his or her certificate.

 

               (II) The title and number of the course.

               (III) The hours of instruction attended and dates of attendance by the holder of a certificate.

               (IV) A statement that the holder of a certificate has successfully completed the course, if applicable.

          (3) Assures the Commission that an approved instructor will preside throughout the course.

     (d) For a course of distance education, the sponsor of the course:

          (1) Requires each student to:

               (I) Take a closed-book final examination with a proctor present at a location designated by the sponsor in its application for approval filed with the Division and receive a score of at least 75 percent to pass the course;

               (II) Prove his or her identity before he or she is allowed to take any examination;

               (III) Complete an entire course to receive credit for taking the course; and

               (IV) Complete each course within an established minimum and maximum time.

          (2) Gives credit for only the number of hours for which the course has been approved by the Commission to a holder of a certificate who has completed the course.

          (3) Publishes a policy for retaking an examination which a holder of a certificate failed.

          (4) Maintains for at least 4 years a record of completion of the course which contains the following information with respect to each holder of a certificate who has taken the course for credit:

               (I) The name of the holder of a certificate who completes the course and the number of his or her certificate.

               (II) The title and number of the course.

               (III) A statement that the holder of a certificate has successfully completed the course, which includes, without limitation, the date that the course was completed and the number of hours completed.

     4.  The Administrator may grant credit for continuing education for a course offered by any university, school or community college which is a part of the Nevada System of Higher Education, or any other university or college bearing the same or an equivalent accreditation if:

     (a) The course provides instruction in the management of a common-interest community or the association of a condominium hotel or a subject directly related to the management of a common-interest community or the association of a condominium hotel;

     (b) The university, school or college offers the course for university or college credit; and

     (c) The sponsor of the course agrees to comply with paragraphs (a), (c) and (d) of subsection 3, subsection 5, NAC 116A.240 and 116A.250 and subsection 1 of NAC 116A.285.

     5.  If a course is approved, the sponsor shall provide a certified copy of the record of attendance or record of completion to the holder of a certificate upon his or her completion of the course. The Division shall accept the certified copy as proof of the attendance of the holder of a certificate or completion of the course by the holder of a certificate for the purpose of renewal or reinstatement of his or her certificate. If the course is taken at a university or community college, the proof of attendance must be a certified transcript. The certified copy of the record of attendance or record of completion of a sponsor must contain the:

     (a) Name of the sponsor;

     (b) Name of the holder of a certificate and his or her certificate number;

     (c) Number of hours of credit for continuing education for which the course is approved;

     (d) Dates of instruction for a course of instruction in a classroom;

     (e) Date of completion of the course for a course of distance education;

     (f) Title of the course or seminar;

     (g) Number of the sponsor assigned by the Division and a statement that the course was approved by the Commission;

     (h) Signature of the person authorized to sign for the sponsor;

 

     (i) Grade received by the holder of a certificate or a statement of whether the holder of a certificate passed the class if an examination was given; and

     (j) Manner in which instruction for the course was delivered.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.234)

      NAC 116A.232  Contents of course; unacceptable courses and activities. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  In addition to the requirements of subsection 3 of NAC 116A.230, the Commission will grant credit for a course of continuing education only if the course:

     (a) Contains current information on the management of a common-interest community or an association of a condominium hotel that will improve the professional knowledge of a community manager and enable a community manager to give better service to his or her clients; and

     (b) Contains information that relates to pertinent Nevada laws and regulations.

     2.  The Commission considers courses in the following areas to be acceptable for continuing education:

     (a) The ethics of managing a common-interest community or the association of a condominium hotel;

     (b) Legislative issues concerning community managers and the management of a common-interest community or the association of a condominium hotel, including, without limitation, pending and recent legislation;

     (c) The administration of laws and regulations concerning community managers and the management of a common-interest community or the association of a condominium hotel, including, without limitation, licensing and enforcement;

     (d) Reserve studies;

     (e) Insurance and risk management in common-interest communities and condominium hotels;

     (f) Administering the office of a community manager, including, without limitation, personnel management and recordkeeping;

     (g) Accounting, including, without limitation, the preparation and monitoring of budgets, the monitoring of expenditures and reserves and the use of financial statements;

     (h) Inspecting a common-interest community or condominium hotel for the purposes of maintenance, planning or enforcing the governing documents;

     (i) Federal laws pertinent to the management of a common-interest community or the association of a condominium hotel, including, without limitation, the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., and the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;

     (j) Health and safety issues in common-interest communities and condominium hotels;

     (k) Issues pertaining to declarants and developers of common-interest communities and condominium hotels;

     (l) Planning and zoning for land use and other local laws and regulations pertinent to common-interest communities and condominium hotels;

     (m) The disclosures required in a transaction involving a unit in a common-interest community or condominium hotel;

     (n) Parliamentary procedures;

     (o) Interpersonal communications;

     (p) Contracts, including, without limitation, the preparation of requests for proposals and the obtaining of bids;

     (q) The enforcement of financial obligations, including, without limitation, liens and collections procedures;

     (r) The supervision of provisional community managers by supervising community managers; and

     (s) Dispute resolution techniques and processes, including, without limitation, informal and formal mediation, arbitration and guidelines for internal association procedures related to hearings concerning violations of the governing documents and other disputes.

     3.  The following types of courses and activities will not be approved by the Commission for credit for continuing education:

     (a) A course designed only to prepare an applicant for a certificate for the examination required by NAC 116A.125.

     (b) Courses designed to develop or improve clerical, office or business skills that are not related to the management of a common-interest community or the association of a condominium hotel, including, without limitation, courses in typing, shorthand, operation of business machines, the use of computers or computer software, improvement of memory or writing of letters and reports.

     (c) A meeting for the promotion of a sale, a program of office training or other activity which is held as part of the general business of the holder of the certificate.

     (d) A course for orientation of holders of a certificate, including, without limitation, a course for the orientation of holders of a certificate that is provided by local real estate boards or industry groups.

     (e) A course on the development of instructors.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R166-09, eff. 5-5-2011)

      NAC 116A.235  Distance education course: Requirements and considerations for approval. (NRS 116.615, 116.665, 116A.200)

     1.  A person who requests approval of a distance education course must demonstrate to the satisfaction of the Commission that the proposed distance education course satisfies the following requirements:

     (a) The course must be designed to ensure that students actively participate in the instructional process by utilizing techniques that require substantial interaction with the instructor, other students or a computer program. If the subject matter of the course is such that the learning objectives for the course cannot be reasonably accomplished without direct interaction between the instructor and the students, the course design must provide for such interaction.

     (b) If the course does not provide students with the opportunity for continuous audio and visual communication with the instructor during the presentation of the course, the course must utilize testing and remedial processes appropriate to ensure mastery of the subject matter of the course by the students.

     (c) If the course involves self-paced study, the course must be designed so that the time required for a student of average ability to complete the course is within the number of hours for which the course is approved, and the sponsor of the course shall utilize a system which ensures that students have actually performed all tasks designed to ensure participation and mastery of the subject matter of the course by the students.

     (d) The proposed methods of instruction used in the course must be appropriate to the proposed learning objectives of the course, and the scope and depth of the instructional materials must be consistent with the proposed learning objectives.

     (e) The sponsor of the course shall provide appropriate technical support to enable students to complete the course satisfactorily.

     (f) An approved instructor must be reasonably available to respond timely to questions asked by students concerning the subject matter of the course and to direct students to additional sources of information. For the purposes of this paragraph, a response by an approved instructor shall be deemed timely if the response is made within 2 business days after the question is submitted.

     (g) The sponsor of the course shall provide students with an orientation or information package which contains all information that the Division requires to be provided to students and all necessary information about the course, including, without limitation, information concerning fees and refund policies, subject matter and learning objectives, procedures and requirements for satisfactory completion, any special requirements with regard to computer hardware and software or other equipment, and instructor and technical support. The sponsor shall make available to students technical support relating to the use of any computer hardware or software, or other equipment or technology needed to complete the course.

     (h) The sponsor of the course shall utilize procedures which reasonably ensure that a student who receives credit for continuing education for completing the course actually performed all the work required to complete the course. If the course involves independent study by students, such procedures must include, without limitation, the opportunity for direct contact by the sponsor with the student at the student’s home or business via telephone or electronic mail and a signed statement by the student certifying that he or she personally completed all course work. The sponsor shall retain such signed statements and records of student contact together with all other course records the sponsor must maintain.

     2.  A sponsor seeking approval of a computer-based distance education course must submit a complete copy of the course to the Division in the medium to be used and, if requested, must make available, at a date and time satisfactory to the Division and at the sponsor’s expense, all equipment and software necessary to enable the Division to review the course. In the case of an Internet-based course, the sponsor shall provide the Division with access to the course via the Internet at no charge at a date and time satisfactory to the Division.

     3.  In determining whether to approve a distance education course pursuant to this section, the Commission will consider whether:

     (a) The course consists of at least 3 hours of instruction;

     (b) Students are required to complete a written examination proctored by a person acceptable to the Division or using a secure electronic method acceptable to the Division; and

     (c) The course is presented by an accredited college or university that offers distance education in other disciplines, or whether the course design and method of delivery have been accredited by an accrediting agency which accredits distance education and which is approved by the Commission. For an accrediting agency to be approved by the Commission for the purposes of this paragraph, the accrediting agency must use the following considerations when making its determination on whether to accredit a distance education course:

          (1) The mission statement of the sponsor of the course;

          (2) The minimum design of the course and the procedures for updating the course;

          (3) The interactivity of the instruction with the students;

          (4) Whether the instruction provided in the course teaches mastery of the course material;

          (5) The support services that are available to students;

          (6) The medium through which the course is delivered to students;

          (7) A time study of the range of instructional hours for which a course should be approved or accredited;

          (8) For each module of instruction, whether there is:

               (I) At least one learning objective for the module of instruction;

               (II) A structured learning method to enable the student to achieve each such learning objective;

               (III) A method of assessment of the student’s performance during the module of instruction; and

               (IV) A method of remediation pursuant to which a student who, based on the assessment of his or her performance, is determined to be deficient in his or her mastery of the course material may repeat the module until the student understands the course material; and

          (9) Whether a complete syllabus or student manual, or both, for all courses or programs is provided in written form and includes accurate and clearly stated information about admissions, progression, completion, criteria, dismissal and any applicable licensing requirements.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, 4-14-2005, eff. 7-1-2005)—(Substituted in revision for NAC 116.237)

      NAC 116A.240  Approved course: Duties of sponsor. (NRS 116.615, 116.665, 116A.200)

     1.  If a course has been approved and is being offered for continuing education, the sponsor must state on all the course materials:

     (a) That the course is approved for continuing education in Nevada;

     (b) The number of hours of credit for continuing education for which the course is approved;

     (c) The number of the sponsor assigned by the Division; and

     (d) The manner in which instruction for the course will be delivered.

     2.  If a course offered by a sponsor that is a professional organization has been approved for continuing education, the sponsor shall not restrict attendance at the course to members of that organization.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.241)

      NAC 116A.245  Notice of policy concerning cancellations and refunds. (NRS 116.615, 116.665, 116A.200)  Any advertising, promotional brochure or form for registration for a course for continuing education must contain, in writing, the policy of the sponsor concerning cancellations and refunds.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.244)

      NAC 116A.250  Restrictions on receipt of credit for course; final examination. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  A course may not be taken for credit to meet the requirements for continuing education more than once during any two consecutive periods for renewal of a certificate.

     2.  Courses taken to satisfy requirements for renewal or reinstatement of a certificate must be completed within 2 years immediately before the latest date for renewing or reinstating the certificate.

     3.  A holder of a certificate may receive credit for continuing education only upon certification by the sponsor that the holder of the certificate has attended and completed at least 90 percent of the course.

     4.  The sponsor shall determine whether a final examination is required for the completion of a course.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)—(Substituted in revision for NAC 116.247)

      NAC 116A.255  Credit for attendance at meeting of Commission. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  The Commission will grant credit for continuing education, not to exceed 6 hours during a certification period, to a holder of a certificate for attending a meeting of the Commission if:

     (a) The meeting of the Commission for which credit for continuing education is being sought is not a meeting in which the holder of a certificate was participating or otherwise affiliated with a specific disciplinary hearing;

     (b) The meeting of the Commission for which credit for continuing education is being sought lasts at least 3 hours; and

     (c) The Commission certifies, for the purposes of providing credit for continuing education, the attendance of the holder of a certificate at the meeting.

     2.  If a holder of a certificate attends only part of a meeting of the Commission, the Division may determine the number of hours of credit, if any, that the holder of a certificate may receive for credit for continuing education pursuant to this section.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.251)

Approved Courses and Instructors

      NAC 116A.265  Requirements for instructors and guest lecturers; advertising. (NRS 116.615, 116.665, 116A.200)  A school that conducts courses approved by the Commission:

     1.  May employ as instructors of those courses only persons who meet the qualifications set forth in NAC 116A.270.

     2.  Shall limit noncertificated guest lecturers who are experts in the related fields to a total of 9 hours of instruction per approved course.

     3.  Shall include a statement that the school is approved by the Commission on all advertisements of the school.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.261)

      NAC 116A.270  Instructors: Approval by Division; periodic review and evaluation. (NRS 116.615, 116.665, 116A.200)

     1.  An instructor must have written approval from the Division before teaching an approved course.

     2.  An applicant for approval as an instructor must apply on a form prescribed by the Division.

     3.  The Division shall not, without the approval of the Commission, approve a person as an instructor if the person:

     (a) Has been disciplined by the Commission or the Division acting on behalf of the Commission:

          (1) Within the immediately preceding 5 years; or

          (2) More than one time; or

     (b) Has been determined in an administrative or judicial proceeding to have violated any statute, rule, regulation or order pertaining to real estate in this or any other state.

     4.  A person may be approved as an instructor to teach an approved course relating to his or her principal occupation if:

     (a) The person has:

          (1) A bachelor’s degree or a more advanced degree, plus at least 2 years of full-time experience, in the field in which he or she will be providing instruction;

          (2) At least 75 hours of teaching experience in the field in which he or she will be providing instruction within the 3 years immediately preceding the date of his or her application for approval plus at least 3 years of full-time experience in that field;

          (3) At least 6 years of full-time experience in the field in which he or she will be providing instruction; or

          (4) Any combination of at least 6 years of college-level course work and full-time experience in the field in which he or she will be providing instruction;

     (b) The person has a good reputation for honesty, integrity and trustworthiness; and

     (c) The person submits to the Division satisfactory documentation of his or her qualifications and a resume outlining his or her experience, education and teaching experience in the field in which he or she will be providing instruction.

     5.  The Division shall periodically review and evaluate each approved instructor. The Administrator may select an education audit committee established by the Commission pursuant to NAC 116A.180 to assist the Division with the review and evaluation of an approved instructor.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.264)

 

 

      NAC 116A.275  Instructors: Responsibilities. (NRS 116.615, 116.665, 116A.200)

     1.  An instructor shall ensure that:

     (a) Class sessions are commenced in a timely manner and are conducted for the full amount of time that is approved; and

     (b) Each course is taught according to the course plan and instructor guide that was approved by the Commission, including the furnishing to students of appropriate student materials.

     2.  An instructor shall conduct himself or herself in a professional and courteous manner when performing instructional duties and shall conduct classes in a manner that demonstrates the following basic teaching skills:

     (a) The ability to present instruction in a thorough, accurate, logical, orderly and understandable manner, to utilize illustrative examples as appropriate and to respond appropriately to questions from students;

     (b) The ability to utilize effectively varied instructional techniques in addition to lectures, including, without limitation, class discussion, role-playing and other techniques;

     (c) The ability to utilize varied instructional aids effectively to enhance learning;

     (d) The ability to maintain an appropriate learning environment and effective control of a class; and

     (e) The ability to interact with adult students in a positive manner that:

          (1) Encourages students to learn;

          (2) Demonstrates an understanding of varied student backgrounds;

          (3) Avoids offending the sensibilities of students; and

          (4) Avoids personal criticism of any other person, agency or organization.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.267)

      NAC 116A.280  Instructors: Withdrawal of approval. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  The Administrator may withdraw the approval of an instructor who:

     (a) Does an inadequate job of teaching the subject matter of a course as evidenced by student evaluations or an audit conducted by the Division or an education audit committee selected by the Administrator pursuant to NAC 116A.180 to assist the Division with the review and audit of the instructor or the course taught by the instructor;

     (b) Has been determined in any administrative or judicial proceeding to have violated any statute, rule, regulation or order pertaining to real estate;

     (c) Has been convicted of, or entered a plea of guilty or nolo contendere to, any crime involving fraud, deceit, misrepresentation or moral turpitude; or

     (d) Engages in inappropriate behavior in the classroom as evidenced by an audit conducted by the Division or an education audit committee selected by the Administrator pursuant to NAC 116A.180 to assist the Division with the review and audit of the instructor or the course taught by the instructor.

     2.  Before withdrawing approval of the instructor of a course, the Administrator must notify the sponsor of the course of the Administrator’s intent to withdraw approval of the instructor. The notice must include the specific reasons upon which the Administrator is basing the decision to withdraw the approval of the instructor. Not later than 30 days after the date on which a sponsor receives the notice, the sponsor may provide a written response to the Administrator that clearly sets forth the reasons why the approval of the instructor should not be withdrawn and outlining any corrective measures that the sponsor will undertake. After the 30-day period has elapsed, the Administrator shall review the notice and any response submitted by the sponsor and shall:

     (a) Withdraw approval of the instructor;

     (b) Allow the instructor to remain approved if certain specific enumerated conditions are met; or

     (c) Allow the continued approval of the instructor.

Ê If the Administrator decides to withdraw approval of the instructor, the withdrawal of approval of the instructor becomes effective upon the mailing of the decision of the Administrator to the sponsor of the course taught by the instructor by certified mail, return receipt requested, to the sponsor’s last known business address.

     3.  If the Administrator withdraws approval of an instructor, the Division shall give credit to a student for completing the course if the student began the course before the sponsor received written notice of the withdrawal of approval of the instructor.

     4.  The sponsor may appeal the decision of the Administrator to withdraw approval of an instructor by filing an appeal with the Commission not later than 30 days after the date on which the withdrawal of the approval of the instructor becomes effective.

     5.  If the sponsor files a timely appeal, the Commission will, as soon as practicable, hold a hearing concerning the withdrawal of approval of the instructor at a regularly scheduled meeting and will:

     (a) Affirm the decision of the Administrator to withdraw approval of the instructor;

     (b) Suspend approval of the instructor for a limited period and under such conditions as the Commission deems appropriate; or

     (c) Reverse the decision of the Administrator to withdraw approval of the instructor.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.271)

      NAC 116A.285  Courses: Responsibilities of sponsor; renewal of approval; review and audit; grounds for withdrawing or refusing to renew approval; discipline of sponsor. (NRS 116.615, 116.665, 116A.200, 116A.400, 116A.410)

     1.  The sponsor of an approved course:

     (a) Shall not allow a holder of a certificate to pass the course by taking an examination without having the required attendance;

     (b) Shall admit:

          (1) Authorized personnel of the Division to audit and evaluate the presentation of the course; and

          (2) Each member of an education audit committee selected by the Administrator pursuant to NAC 116A.180 to assist the Division with the review and audit of the course.

     (c) Shall notify the Division within 15 days after making any material change in the course;

     (d) Shall not present a course for the main purpose of selling products or services and shall limit the announcement of products or services during the course to not more than 2 minutes; and

     (e) If the course is a course of instruction in a classroom, shall provide notice of the course to the Division not later than 15 days before the course is offered.

     2.  The sponsor must apply for renewal on a form provided by the Division and describe on that form any changes in the course. An application for renewal must be filed at least 2 weeks before the previous approval expires. If the sponsor does not timely file the application for renewal, the sponsor must apply for an original approval.

     3.  Each approved course and instructor is subject to review and audit by the Division or an education audit committee selected by the Administrator pursuant to NAC 116A.180 to assist the Division with the review and audit of the course. If the Division or education audit committee conducts such a review or audit, the sponsor shall make available to the Division or education audit committee, whichever is applicable, all records requested which are necessary to the review. The Division may decide in its discretion whether to provide notice to the sponsor and instructor of a course of the review and audit of the course.

     4.  Each of the following acts and conditions is a ground for the Commission to withdraw or refuse to renew its approval of a course:

     (a) The curriculum or instruction, as shown by evaluations or audits, is of poor quality.

     (b) The violation of any provision of this chapter relating to continuing education.

     (c) The course is not taught within the last period for which the course is approved.

     (d) The sponsor of the course has made a false statement or has presented any false information in connection with an application for the approval of the course, the renewal of such approval or the approval of the sponsor.

     (e) The sponsor of the course or any official or instructor employed by the sponsor has refused or failed to comply with any provision of this chapter, chapter 116 of NAC or chapter 116, 116A or 116B of NRS.

     (f) The sponsor of the course or any official or instructor employed by the sponsor has provided false or incorrect information in connection with any report the sponsor is required to submit to the Commission.

     (g) The sponsor of the course has engaged in a pattern of consistently cancelling scheduled courses.

     (h) The sponsor of the course has remitted to the Division in payment for required fees a check which was dishonored by a bank.

     (i) An instructor employed by the sponsor of an approved course fails to conduct approved courses in a manner that demonstrates possession of the teaching skills described in this chapter.

     (j) A court of competent jurisdiction has found the sponsor of the approved course or any official or instructor employed by the sponsor to have violated, in connection with the offering of education courses, any applicable federal or state law or regulation:

          (1) Prohibiting discrimination on the basis of disability;

          (2) Requiring places of public accommodation to be in compliance with prescribed standards relating to accessibility; or

          (3) Requiring that courses related to certification for professional or trade purposes be offered in a place and manner accessible to persons with disabilities.

     (k) The sponsor of the course or any official or instructor employed by the sponsor has been disciplined by the Commission or any other occupational certification agency in this State or any other jurisdiction.

     (l) The sponsor of the course or any official or instructor employed by the sponsor has collected money for an educational course but has refused or failed to provide the promised instruction.

     5.  A holder of a certificate who is the sponsor of an approved course is subject to disciplinary action pursuant to the provisions of this chapter for any dishonest, fraudulent or improper conduct by the holder of a certificate, or an instructor of the approved course employed by the holder of a certificate, in connection with activities related to the approved course.

     6.  As used in this section, “disability” means:

     (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

     (b) A record of such an impairment; or

     (c) Being regarded as having such an impairment.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.274)

      NAC 116A.290  Courses: Withdrawal of approval. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  If the Administrator determines, whether pursuant to an audit or otherwise, that an approved course does not meet the standards for such a course set forth in this chapter, the Administrator shall notify the sponsor of the course of the Administrator’s intent to withdraw approval of the course. The notice must include the specific reasons upon which the Administrator is basing the decision to withdraw approval of the course. Not later than 30 days after the date on which a sponsor receives the notice, the sponsor may provide a written response to the Administrator that clearly sets forth the reasons why approval of the course should not be withdrawn and outlining any corrective measures that the sponsor will undertake. After the 30-day period has elapsed, the Administrator shall review the notice and any response submitted by the sponsor and:

     (a) Withdraw approval of the course;

     (b) Allow the course to remain approved if certain specific enumerated conditions are met; or

     (c) Allow the continued approval of the course.

Ê If the Administrator decides to withdraw approval of the course, the withdrawal of approval of the course becomes effective upon the mailing of the decision of the Administrator to withdraw approval to the sponsor by certified mail, return receipt requested, to the sponsor’s last known business address.

     2.  If the Administrator withdraws approval of a course, the Division shall give credit to a student for completing the course if the student began the course before the sponsor received written notice of the withdrawal of approval of the course.

     3.  The sponsor may appeal the decision of the Administrator to withdraw approval of a course by filing an appeal with the Commission not later than 30 days after the date on which the withdrawal of the approval of the course becomes effective.

     4.  If the sponsor files a timely appeal, the Commission will, as soon as practicable, hold a hearing concerning the withdrawal of approval of the course at a regularly scheduled meeting and will:

     (a) Affirm the decision of the Administrator to withdraw approval of the course;

     (b) Suspend approval of the course for a limited period and under such conditions as the Commission deems appropriate; or

     (c) Reverse the decision of the Administrator to withdraw approval of the course.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.277)

      NAC 116A.295  Courses: Reapproval by Division if no changes. (NRS 116.615, 116.665, 116A.200)  The Division shall, on behalf of the Commission, reapprove an approved course if no changes in the course have occurred since the course was last approved or reapproved.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.281)

      NAC 116A.300  Evaluation of course and instructor by students. (NRS 116.615, 116.665, 116A.200)

     1.  Each approved course and each instructor of an approved course must be evaluated by students on a form prescribed by the Division and provided by the sponsor during every course offering.

     2.  The sponsor shall mail or deliver copies of the completed evaluations to the Division within 10 working days after the last day of class for the course.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.284)

      NAC 116A.305  Certificate of completion of course: Prerequisite activities of student; appeal of denial. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  To receive a certificate of completion for an approved course, a student must:

     (a) Direct his or her attention to the instruction being provided and refrain from engaging in activities unrelated to the instruction; and

     (b) Refrain from engaging in activities which are distracting to other students or the instructor, or which otherwise disrupt the orderly conduct of a class, including, without limitation, the use of voice pagers, beepers and telephones.

     2.  An instructor shall deny the award of a certificate of completion to a student who fails to satisfy the conditions set forth in subsection 1.

     3.  If an instructor denies the award of a certificate of completion to a student, the student may, within 30 days after that denial, file a written request with the Administrator to review the matter. If the written request contains allegations which, if true, would qualify the applicant to receive a certificate of completion, the Administrator shall set the matter for an informal hearing before him or her to be conducted as soon as practicable.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.287)

PRACTICE BY COMMUNITY MANAGERS

      NAC 116A.320  Compliance with statutory standards of practice. (NRS 116A.200, 116A.400)  A community manager shall comply with the standards of practice set forth in NRS 116A.630.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; R205-05, 9-18-2006; A by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, 4-17-2008; R108-08, 4-20-2010)—(Substituted in revision for NAC 116.300)

      NAC 116A.325  Management agreement; evidence of insurance. (NRS 116A.200, 116A.400)

     1.  A management agreement must:

     (a) Be in writing and signed by all parties;

     (b) Be entered into between the client and the community manager or the employer of the community manager if the community manager is acting on behalf of a corporation, partnership, limited partnership, limited-liability company or other entity;

     (c) State the term of the management agreement;

     (d) State the basic consideration for the services to be provided and the payment schedule;

     (e) Include a complete schedule of all fees, costs, expenses and charges to be imposed by the community manager, whether direct or indirect, including, without limitation:

          (1) The costs for any new association or start-up costs;

          (2) The fees for special or nonroutine services such as the mailing of collection letters, the recording of liens and foreclosing of property;

          (3) Reimbursable expenses;

          (4) The fees for the sale or resale of a unit or for setting up the account of a new member; and

          (5) The portion of fees that are to be retained by the client and the portion to be retained by the community manager;

     (f) State the identity and the legal status of the contracting parties;

     (g) State any limitations on the liability of each contracting party, including any provisions for indemnification of the community manager;

     (h) Include a statement of the scope of work of the community manager;

     (i) State the spending limits of the community manager;

     (j) Include provisions relating to the grounds and procedure for termination of the community manager;

     (k) Identify the types and amounts of insurance coverage to be carried by each contracting party, including:

          (1) Whether the community manager will maintain errors and omissions or professional liability insurance;

          (2) Which contracting party will maintain fidelity bond coverage;

          (3) Whether the association will maintain directors and officers liability coverage for the executive board; and

          (4) Whether either contracting party must be named as an additional insured under any required insurance;

 

 

     (l) Include provisions for dispute resolution;

     (m) Acknowledge that all records and books of the client are the property of the client, with the exception of any proprietary information and software belonging to the community manager;

     (n) State the physical location, including the street address, of the records of the client, which must be within 60 miles from the physical location of the common-interest community;

     (o) State the frequency and extent of regular inspections of the common-interest community; and

     (p) State the extent, if any, of the authority of the community manager to sign checks on behalf of the client in an operating account.

     2.  A management agreement may:

     (a) Provide for mandatory binding arbitration;

     (b) Provide for indemnification of the community manager in accordance with and subject to the appropriate provisions of title 7 of NRS; and

     (c) Allow the provisions of the management agreement to apply month to month following the end of the term of the management agreement but the management agreement may not contain an automatic renewal of the management agreement.

     3.  Not later than 10 days after the effective date of a management agreement, the community manager shall provide each member of the executive board evidence of the existence of the required insurance which must include:

     (a) The names and addresses of all insurance companies;

     (b) The total amount of coverage; and

     (c) The amount of any deductible.

     4.  After signing a management agreement, the community manager shall provide a copy of the management agreement to each member of the executive board. Within 30 days after an election or appointment of a new member to the executive board, the community manager shall provide the new member with a copy of the management agreement.

     5.  Any changes to a management agreement must be initialed by the contracting parties. If there are any changes after the execution of a management agreement, those changes must be in writing and signed by the contracting parties.

     6.  Except as otherwise provided in a management agreement, upon the termination or assignment of a management agreement, the community manager shall, within 30 days after such termination or assignment, transfer possession of all books, records and other papers of the client to the succeeding community manager, or to the client if there is no succeeding community manager, regardless of any unpaid fees or charges to the community manager or management company.

     7.  Notwithstanding any provision in a management agreement to the contrary, a management agreement may be terminated by the client without penalty upon 30 days’ notice following a violation by the community manager of any provision of this chapter or chapter 116 of NRS.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.305)

      NAC 116A.330  Required disclosures. (NRS 116A.200, 116A.400)  Before entering into a management agreement, a community manager shall disclose in writing to the prospective client any material and relevant information that the community manager knows or should know relates to the performance of the management agreement, including any matters which may affect his or her ability to comply with the provisions of this chapter or chapter 116 of NRS. Such disclosure must include, without limitation:

     1.  Whether the community manager expects to receive any direct or indirect compensation or profits from any person who will perform services for the client and, if so, the identity of the person;

 

 

     2.  His or her affiliation with or financial interest in any person who furnishes any goods or services to the client; and

     3.  His or her personal relationships with any unit’s owner, member of the executive board or officer of the association.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)—(Substituted in revision for NAC 116.310)

      NAC 116A.335  Office; display of certificate or temporary certificate. (NRS 116A.200, 116A.400)

     1.  A community manager shall establish an office in Nevada which is reasonably accessible to members of the general public. If the community manager chooses to establish an office in a private home or in conjunction with another business, he or she shall:

     (a) Set aside a separate room for conducting his or her duties as a community manager; and

     (b) Comply with all local zoning requirements.

     2.  A community manager shall display his or her certificate or temporary certificate conspicuously in his or her office.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.321)

      NAC 116A.340  Change of name, address, association or supervising community manager. (NRS 116A.200, 116A.400, 116A.410)

     1.  A community manager shall give written notice to the Division of any change of name, address or association within 10 business days after the change occurs and pay the appropriate fee required by NAC 116A.515.

     2.  A provisional community manager shall give written notice to the Division of any change of his or her supervising community manager within 10 business days after the change occurs and pay the appropriate fee required by NAC 116A.515.

     3.  Failure to give notice as required by this section constitutes cause for the involuntary inactivation of the certificate or temporary certificate.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by R205-05, 9-18-2006; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.331)

      NAC 116A.345  Prohibited acts. (NRS 116A.200, 116A.400)  A community manager shall not:

     1.  Except as otherwise required by law or court order, disclose confidential information relating to a client which includes, without limitation, the business affairs and financial records of the client, unless the disclosure is consented to by the client;

     2.  Impede or otherwise interfere with an investigation of the Division by:

     (a) Failing to comply with a request by the Division to provide documents;

     (b) Supplying false or misleading information to an investigator, auditor or any other officer or agent of the Division; or

     (c) Concealing any facts or documents relating to the business of a client;

     3.  Commingle money or other property of a client with the money or other property of another client, another association, the community manager or the employer of the community manager and shall not use money or other property of a client for his or her own personal use;

     4.  Be a signor on a withdrawal from a reserve account of a client;

     5.  Except as otherwise permitted by the provisions of the court rules governing the legal profession, establish an attorney-client relationship with an attorney or law firm which represents a client that employs the community manager or with whom the community manager has a management agreement;

 

     6.  Provide or attempt to provide to a client services concerning a type of property or service:

     (a) That is outside his or her field of experience or competence without the assistance of a qualified authority unless the fact of his or her inexperience or incompetence is disclosed fully to the client and is not otherwise prohibited by law; or

     (b) For which he or she is not properly licensed;

     7.  Apply a payment of an assessment from a unit’s owner towards any fine, fee or other charge that is due;

     8.  Refuse to accept from a unit’s owner payment of any assessment, fine, fee or other charge that is due because of the fact that there is an outstanding payment due; or

     9.  Collect any fees or other charges from a client not specified in the management agreement.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.341)

      NAC 116A.350  Allegations of misconduct; submission of complaint; investigation and report; action by Administrator; appeal. (NRS 116A.200, 116A.400, 116A.410)

     1.  If a person who alleges that a community manager is guilty of misconduct sends the allegations of misconduct in writing to the community manager in an attempt to resolve the issue without filing a complaint with the Division, the community manager shall, in good faith, acknowledge and respond in writing to the person making the allegations within 12 working days after he or she receives the allegations.

     2.  A complaint about a community manager must:

     (a) Be submitted to the Division on a form provided by the Division;

     (b) Be signed by the person submitting the complaint; and

     (c) Include, without limitation:

          (1) The identity of the community manager who is alleged to have violated a provision of this chapter or chapter 116 of NRS, and the nature of the alleged violation;

          (2) All evidence supporting the allegations, including, without limitation, as appropriate, corroborating statements by other persons or specific information as to persons who may be contacted to provide such corroboration;

          (3) The name, address and telephone number of the person submitting the complaint;

          (4) Documents that evidence an attempt by the person submitting the complaint to resolve the issue with the executive board or the community manager, including, without limitation, any written response of the executive board or the community manager to the allegations of the person submitting the complaint; and

          (5) If filed by a tenant of a unit’s owner, ratification of the complaint by the unit’s owner without the use of a power of attorney by the tenant.

     3.  Upon receipt of a complaint that complies with subsection 2, the Division shall forward the complaint to an investigator. The investigator:

     (a) Shall send a copy of the complaint to the community manager and the executive board of any association which relates to the subject of the complaint;

     (b) Within 12 working days after the receipt of the allegations, shall attempt to obtain a response in writing from the person who is the subject of the complaint;

     (c) May make such inquiries and investigation into matters relating to the allegations in the complaint as the investigator deems appropriate; and

     (d) Shall submit to the Administrator a written report that summarizes the findings and conclusions of the investigator.

     4.  Upon review of the written report of the investigator, if the Administrator determines that grounds for disciplinary action against the community manager exist, the Administrator may take one or more of the following actions as he or she deems appropriate:

     (a) Issue a letter of censure to the community manager who is the subject of the complaint;

     (b) Levy an administrative fine of:

          (1) For the first offense, not more than $1,000; and

          (2) For the second offense, not more than $5,000;

     (c) Require the community manager to obtain additional education relating to the management of a common-interest community;

     (d) Refer the matter to the Commission;

     (e) Refer the matter to the Real Estate Commission; or

     (f) Refer the matter to the Attorney General of this State.

     5.  The Administrator may initiate an investigation, audit or inspection of the records of any community manager or any person who performs the duties of a community manager in this State.

     6.  Any action taken by the Administrator pursuant to subsection 4 may be appealed by the community manager upon written request to the Commission within 30 days after the Administrator takes such action.

     7.  As used in this section, “investigator” means a person whom the Division deems to be impartial and qualified with respect to the matter in a complaint and who is designated by the Division to investigate a complaint pursuant to this section.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; R108-08, 4-20-2010)—(Substituted in revision for NAC 116.351)

      NAC 116A.355  Grounds for disciplinary action; criteria for determining unprofessional conduct and professional incompetence. (NRS 116A.200, 116A.400, 116A.410)

     1.  A community manager is subject to disciplinary action if the community manager:

     (a) Commits any of the following:

          (1) Unprofessional conduct;

          (2) Professional incompetence;

          (3) Negligence or gross negligence; or

          (4) A felony or any offense involving moral turpitude; or

     (b) Has had a certificate, permit or license that authorizes him or her to act as a community manager in another jurisdiction revoked or suspended.

     2.  A community manager commits an act of unprofessional conduct if the community manager:

     (a) Violates the provisions of:

          (1) An order of the Commission;

          (2) An agreement with the Division; or

          (3) This chapter, chapter 116 of NAC or chapter 116 or 116A of NRS;

     (b) Fails to disclose to a client any material fact or other information that he or she knows or, in the exercise of reasonable care or diligence, should have known, which concerns or relates to the common-interest community and which is of customary or express interest to the client;

     (c) Engages in deceitful, fraudulent or dishonest conduct, including, without limitation, knowingly communicating false, misleading or fraudulent information to a client;

     (d) Before obtaining a certificate, temporary certificate or permit, committed an act which was in fact unknown to the Division at the time it issued the certificate, temporary certificate or permit and which would have been grounds for denial of a certificate, temporary certificate or permit had the Division been aware of the conduct;

     (e) Obtains a certificate, temporary certificate or permit by fraud or deceit or by concealing a material fact from the Division, including, without limitation, making a false statement of material fact on the application for the certificate, temporary certificate or permit;

     (f) Fails to cooperate with the Division in the investigation of a complaint, including, without limitation, failure to produce any document, book or record in the possession or control of the community manager after the Division requests the production of such document, book or record in the course of an investigation of a complaint;

     (g) Fails to perform impartially and consistently an activity that is lawful and properly authorized on behalf of a client or fails to perform a duty or obligation owed to a client because of the age, race, color, religion, national origin, disability, marital status, familial status, sex or ethnicity of any person, including, without limitation, a member of the executive board, an officer of the association, a unit’s owner, a tenant of the common-interest community or a visitor of the common-interest community;

     (h) Fails to account for or remit money in his or her possession that belongs to another within a reasonable time of a request for an accounting or remittance of such money by the owner; or

     (i) Exceeds the authority granted to him or her by the client.

     3.  A community manager commits an act of professional incompetence if, without limitation, the community manager:

     (a) Demonstrates a significant lack of ability, knowledge or fitness to perform a duty or obligation owed to a client; or

     (b) Fails to exercise reasonable skill and care with respect to a duty or obligation owed to a client.

     4.  In determining whether a community manager has committed unprofessional conduct or professional incompetence, the Commission and the Administrator may consider, without limitation, whether the community manager has:

     (a) Done his or her utmost to protect the public against fraud, misrepresentation or unethical practices related to the business affairs of the client;

     (b) Acquired the knowledge of all pertinent facts concerning a client;

     (c) Provided or attempted to provide to a client services concerning a type of property or service:

          (1) That is outside his or her field of experience or competence without the assistance of a qualified authority unless the fact of his or her inexperience or incompetence is disclosed fully to the client and is not otherwise prohibited by law; or

          (2) For which he or she is not properly licensed;

     (d) Complied with the disclosure requirement of NAC 116A.330;

     (e) Complied with the applicable governing documents, policies and procedures of the client;

     (f) Kept informed of current statutes and regulations relating to common-interest communities and relating to other areas in which he or she attempts to provide guidance;

     (g) Acted in the best interest of the client;

     (h) Ensured that each management agreement is in writing and that each member of the executive board has received a copy of the management agreement;

     (i) Obtained all changes of contractual terms in writing and has ensured that such changes are signed or initialed by the parties concerned;

     (j) Acquired knowledge of all material facts that are reasonably ascertainable and are of customary or express concern to a client and has conveyed that knowledge to the client; or

     (k) Failed to supervise a provisional community manager or employee.

     5.  As used in this section:

     (a) “Disability” means:

          (1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

          (2) A record of such an impairment; or

          (3) Being regarded as having such an impairment.

     (b) “Familial status” means the fact that a person:

          (1) Lives with a child under the age of 19 years and has:

               (I) Lawful custody of the child; or

               (II) Written permission to live with the child from the person who has lawful custody of the child;

          (2) Is pregnant; or

          (3) Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.360)

      NAC 116A.360  Disciplinary action by Commission. (NRS 116A.200, 116A.400, 116A.410)

     1.  If the Administrator refers the matter to the Commission and after conducting a hearing the Commission finds that grounds for disciplinary action against the community manager exist, the Commission may take one or more of the following actions:

     (a) Revoke or suspend the certificate or temporary certificate;

     (b) Refuse to renew or reinstate the certificate;

     (c) Place the community manager on probation;

     (d) Issue a reprimand or censure to the community manager;

     (e) Impose a fine of not more than $5,000 for each violation of a statute or regulation;

     (f) Require the community manager to pay restitution;

     (g) Require the community manager to pay the costs of the investigation and hearing;

     (h) Require the community manager to obtain additional education relating to the management of common-interest communities; or

     (i) Take such other disciplinary action as the Commission deems appropriate.

     2.  Unless the Administrator determines otherwise and the person satisfies all the requirements for initial issuance of a certificate, the Commission will not issue another certificate to a person whose certificate has been revoked for at least 1 year after the date of the revocation.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.370)

RESERVE STUDY SPECIALISTS

      NAC 116A.410  Maintenance and availability of list of persons who have registered with Division. (NRS 116A.200, 116A.430)  The Division shall maintain a list of all persons who have registered with the Division as a reserve study specialist and make the list available to the public.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008; A by R164-09, 5-5-2011)

      NAC 116A.415  Registration: Form; fee; expiration. (NRS 116A.200, 116A.430)

     1.  To register with the Division as a reserve study specialist, a person must submit:

     (a) A registration on a form prescribed by the Division which includes the name and business address of the person registering as a reserve study specialist; and

     (b) A fee in an amount to be established annually by the Division to cover the administrative cost of registering the person.

     2.  A registration as a reserve study specialist expires 2 years after the date on which the registration and fee required by subsection 1 are submitted to the Division, unless the reserve study specialist submits to the Division another registration and fee required by subsection 1 before that date.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008; A by R164-09, 5-5-2011)

      NAC 116A.420  Registration: Qualifications; refusal or revocation by Division. (NRS 116A.200, 116A.430)

     1.  A person is qualified by training and experience to register as a reserve study specialist if the person has:

     (a) A good reputation for honesty, trustworthiness and integrity;

     (b) The ability to evaluate the items on the component inventory with regard to normal and accelerated deterioration, deferred maintenance, remaining years of useful life and the current cost to repair, replace or restore;

     (c) The ability to perform financial analysis, cost estimates and 30-year projections, as applicable;

     (d) The ability to review improvement plans and specifications, maintenance histories, recorded plats and governing documents of the association in order to compile a complete component inventory and to consult with the executive board to ascertain and confirm that the component inventory is complete;

     (e) The ability to gather and analyze financial data, including, without limitation, monthly assessment fees per unit, the current balance of reserves, the anticipated interest rate on reserves, and the anticipated inflation and maximum increases in assessment fees; and

     (f) The background and knowledge pertinent to all areas to be addressed by the reserve study.

     2.  If the Division finds that a person who has submitted a registration to the Division is not qualified by training and experience to register as a reserve study specialist, the Division shall:

     (a) If the Division has not yet registered the person, refuse to register the person as a reserve study specialist.

     (b) If the Division has registered the person, revoke the registration.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008; A by R164-09, 5-5-2011)

      NAC 116A.425  Standards of practice. (NRS 116A.200, 116A.420)

     1.  A reserve study specialist who prepares a reserve study shall:

     (a) Comply with the applicable provisions of chapter 116, 116A or 116B of NRS or any regulations adopted pursuant thereto;

     (b) Comply with the relevant lawful provisions of the governing documents of each client;

     (c) Agree to perform only those reserve studies which the person can reasonably expect to perform with professional competence;

     (d) Exercise due care and exhibit adequate planning and supervision of conduct relating to the performance of a reserve study;

     (e) Disclose in writing to the client any actual, potential or perceived conflict of interest if the client has dealings with another person who:

          (1) Has a financial interest in the business relationship between the reserve study specialist and the client; or

          (2) Is an employee of or otherwise affiliated with the association;

     (f) Maintain an inventory of reserve study records of each client for at least 6 years;

     (g) Keep informed of new developments in the field of reserve studies through continuing education, including, without limitation, new developments in the law, methods of funding and other topics necessary for the proper preparation of reserve studies;

     (h) Ensure that the information used to prepare a reserve study is complete based upon information provided by the client and from data reasonably available from industry sources; and

     (i) Cooperate with the Division in any investigation conducted pursuant to the provisions of chapter 116, 116A or 116B of NRS or any regulations adopted pursuant thereto.

     2.  A reserve study specialist who prepares a reserve study shall not:

     (a) Make inaccurate or misleading representations or statements to a prospective client; or

     (b) Misrepresent facts for his or her own benefit.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.430  Required disclosures. (NRS 116A.200, 116A.420)  Before entering into a contract to perform a reserve study, a reserve study specialist shall disclose in writing to the prospective client any material and relevant information that the reserve study specialist knows or should know relates to the performance of the contract for the reserve study, including, without limitation, any matters which may affect his or her ability to comply with the provisions of chapter 116, 116A or 116B of NRS or any regulations adopted pursuant thereto. Such disclosure must include, without limitation:

     1.  Whether the reserve study specialist expects to receive any direct or indirect compensation or profits from any person who will perform services for the client and, if so, the identity of the person;

     2.  His or her affiliation with or financial interest in any person who furnishes any goods or services to the association for which the reserve study specialist will prepare the reserve study; and

     3.  His or her personal relationship with any unit’s owner, member of the executive board or officer of the association for which the reserve study specialist will prepare the reserve study.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.435  Grounds for disciplinary action; criteria for determining unprofessional conduct and professional incompetence. (NRS 116A.200, 116A.420, 116A.430)

     1.  A reserve study specialist is subject to disciplinary action if the reserve study specialist:

     (a) Commits any of the following:

          (1) Unprofessional conduct;

          (2) Professional incompetence;

          (3) Negligence or gross negligence; or

          (4) A felony or any offense involving moral turpitude; or

     (b) Has ever had a permit, license or designation from a nationally recognized professional organization that authorizes him or her to act as a reserve study specialist in another jurisdiction revoked or suspended.

     2.  A reserve study specialist commits an act of unprofessional conduct if the reserve study specialist:

     (a) Violates the provisions of:

          (1) An order of the Commission;

          (2) An agreement with the Division; or

          (3) Chapter 116, 116A or 116B of NRS or any regulation adopted pursuant thereto;

     (b) Engages in deceitful, fraudulent or dishonest conduct, including, without limitation, knowingly communicating false, misleading or fraudulent information to a client;

     (c) Submits a registration which contains a false statement of material fact;

     (d) Fails to cooperate with the Division in the investigation of a complaint, including, without limitation, failure to produce any document, book or record in the possession or control of the reserve study specialist after the Division requests the production of such document, book or record in the course of investigating a complaint;

     (e) Fails to perform impartially and consistently an activity that is lawful and properly authorized on behalf of a client or fails to perform a duty or obligation owed to a client because of the age, race, color, religion, national origin, disability, marital status, familial status, sex or ethnicity of any person, including, without limitation, a member of the executive board, an officer of the association, a unit’s owner, a tenant of the common-interest community or a visitor of the common-interest community; or

     (f) Exceeds the authority granted to him or her by the client.

     3.  A reserve study specialist commits an act of professional incompetence if, without limitation, the reserve study specialist:

     (a) Demonstrates a significant lack of ability, knowledge or fitness to perform a duty or obligation owed to a client; or

     (b) Fails to exercise reasonable skill and care with respect to a duty or obligation owed to a client.

     4.  In determining whether a reserve study specialist has committed unprofessional conduct or professional incompetence, the Commission and the Administrator may consider, without limitation, whether the reserve study specialist has:

     (a) Done his or her utmost to protect the public against misrepresentation or unethical practices relating to the business affairs of the client;

     (b) Made reasonable efforts to acquire knowledge of all pertinent facts concerning a client, including, without limitation, all material facts regarding the reserve study that are reasonably ascertainable and are of customary or express concern to the client, and conveyed that knowledge to the client;

     (c) Provided or attempted to provide to a client services for which the reserve study specialist does not have the appropriate knowledge or experience;

     (d) Complied with the disclosure requirements of NAC 116A.430;

     (e) Complied with the client’s applicable governing documents, policies and procedures as they relate to a reserve study;

     (f) Kept informed of current statutes and regulations relating to common-interest communities;

     (g) Acted in the best interest of the client;

     (h) Ensured that each agreement for services of the reserve study specialist was in writing; and

     (i) Obtained all changes of contractual terms in writing and ensured that such changes are signed or initialed by the parties concerned.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008; A by R164-09, 5-5-2011)

      NAC 116A.440  Conduct of proceedings to hear complaints. (NRS 116A.200, 116A.430)  Any proceeding to hear a complaint filed against a reserve study specialist will be conducted in the same manner as set forth in NRS 116.770.

     (Added to NAC by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008)

ADMINISTRATION AND ENFORCEMENT

General Provisions

      NAC 116A.510  Public inspection of records maintained by Division. (NRS 116A.200)  Records kept in the office of the Division under authority of this chapter are open to public inspection in the same manner as records are available for inspection pursuant to chapters 645 of NRS and NAC, except that the Division may refuse to make public, unless ordered to do so by a court:

     1.  Examinations;

     2.  Files compiled by the Division while investigating possible violations of this chapter or chapter 116 of NRS;

     3.  The criminal and financial records of community managers and of applicants for a certificate or temporary certificate;

     4.  Social security numbers;

     5.  The home addresses and telephone numbers of community managers, unless such information is used for business purposes by a community manager; and

     6.  The home addresses and telephone numbers of members of the executive boards.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.390)

      NAC 116A.515  Fees of Division. (NRS 116.615, 116.665, 116A.200, 116A.410)  The Division shall charge and collect the following fees:

 

For application for, and issuance of, a certificate ........................................................... $200

For application for, and issuance of, a temporary certificate ............................................ 100

For examination of an applicant for a certificate ............................................................ $100

For biennial renewal of a certificate .................................................................................. 200

For late renewal of a certificate ........................................................................................... 50

For reinstatement of an inactive certificate ......................................................................... 20

For issuance of a duplicate certificate or temporary certificate .......................................... 20

For change of name or address on a certificate or temporary certificate ............................ 20

For change of status as a community manager, provisional community manager or supervising community manager on a certificate............................................................................... 20

For change of association with a supervising community manager .................................... 20

For approval of courses to meet the requirements for original certification ...................... 100

For approval of a course for continuing education ........................................................... 100

For renewal of an approval of a course for continuing education ....................................... 50

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.505)

      NAC 116A.520  Check or draft returned to Division for lack of payment. (NRS 116.615, 116A.200, 116A.400, 116A.420)

     1.  If a person submits a check or draft to the Division to obtain a certificate, temporary certificate, approval, accreditation or other type of authorization to engage in an activity for which authorization is required pursuant to this chapter, chapter 116 of NAC or chapter 116 or 116A of NRS, and the check or draft is returned to the Division because the person had insufficient money or credit with the drawee to pay the check or draft or because the person stopped payment on the check or draft:

     (a) The certificate, temporary certificate, approval, accreditation or other type of authorization obtained by the person from the Division is involuntarily inactivated; or

     (b) If the person has not obtained the certificate, temporary certificate, approval, accreditation or other type of authorization from the Division, the Division may refuse to issue or reinstate the authorization.

     2.  In accordance with NRS 353C.115 and NAC 353C.400, the Division shall charge a person, for each check or draft returned to the Division because the person had insufficient money or credit with the drawee to pay the check or draft or because the person stopped payment on the check or draft, a fee of $25 or such other amount as may subsequently be required by NRS 353C.115 and NAC 353C.400.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.510)

      NAC 116A.525  Fee for background investigation. (NRS 116A.200, 116A.410)  The fee for conducting a background investigation must not exceed the administrative costs charged to the Division. All payments for such investigations must be in the form of a cashier’s check or money order made payable to the agency conducting the investigation.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.515)

Administrative Proceedings

      NAC 116A.550  Investigation and audit of financial accounts of association; remedial and disciplinary action. (NRS 116.615, 116A.200)

     1.  The Division may investigate and audit all financial accounts related to an association if the Division has reasonable cause to believe that the accounts or records of the association have not been properly maintained and the Division:

     (a) Has reasonable cause to believe or has received a credible complaint that the association is insolvent or is in any financial condition or has engaged in any financial practice which creates a substantial risk of insolvency; or

     (b) Determines that the investigation and audit are reasonably necessary to assist the Division in administering or enforcing any other provision of this chapter, chapter 116 of NRS or any other statute that the Division is charged with administering or enforcing.

     2.  The Commission may, after notice and hearing, take action pursuant to NRS 116.785 if the Division finds that a person has committed a violation of this chapter or chapter 116 of NRS.

     3.  As used in this section, “insolvent” or “insolvency” means a condition in which an association is unable to meet its, or a community manager is unable to meet his or her, liabilities as those liabilities become due in the regular course of the association’s or community manager’s business and which creates a substantial risk of harm to the association.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)

      NAC 116A.555  Hearing panels: Powers; qualifications of independent hearing officers. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  A hearing panel appointed by the Commission has the power of the Commission to conduct hearings and other proceedings, determine violations, impose fines and penalties and take other disciplinary action authorized by the provisions of this chapter or chapter 116 of NRS.

     2.  An independent hearing officer appointed to a hearing panel must be a licensed member, in good standing, of the State Bar of Nevada.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)

      NAC 116A.560  Informality of proceedings; rules of evidence. (NRS 116.615, 116A.200, 116A.300)

     1.  In conducting any investigation, inquiry or hearing, the Commission and its members, each hearing panel and its members, and the employees of the Division are not bound by the technical rules of evidence, and any informality in a proceeding or in the manner of taking testimony does not invalidate any order, decision, rule or regulation made, approved or confirmed by the Commission or a hearing panel. The rules of evidence of courts of this State will be followed generally but may be relaxed at the discretion of the Commission or a hearing panel if deviation from the technical rules of evidence will aid in determining the facts.

     2.  Any evidence offered at a hearing must be material and relevant to the issues of the hearing.

     3.  The Commission or a hearing panel may exclude inadmissible, incompetent, repetitious or irrelevant evidence or order that presentation of that evidence be discontinued.

     4.  A party who objects to the introduction of evidence shall briefly state the grounds of the objection at the time the evidence is offered. The party who offers the evidence may present a rebuttal argument to the objection.

     5.  If an objection is made to the admissibility of evidence, the Commission or a hearing panel may:

     (a) Note the objection and admit the evidence;

     (b) Sustain the objection and refuse to admit the evidence; or

     (c) Receive the evidence subject to a subsequent ruling by the Commission or a hearing panel.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)

      NAC 116A.565  Prehearing conferences. (NRS 116.615, 116A.200, 116A.300)

     1.  The Commission or a hearing panel may, upon its own motion or a motion made by a party of record, hold a prehearing conference to accomplish one or more of the following purposes:

     (a) Formulate or simplify the issues involved in the hearing.

     (b) Obtain admissions of fact or any stipulation of the parties.

 

     (c) Arrange for the exchange of proposed exhibits or prepared expert testimony.

     (d) Identify the witnesses and the subject matter of their expected testimony and limit the number of witnesses, if necessary.

     (e) Rule on any pending prehearing motions or matters.

     (f) Establish a schedule for the completion of discovery.

     (g) Establish any other procedure that may expedite the orderly conduct and disposition of the proceedings or settlements thereof.

     2.  Notice of any prehearing conference must be provided to all parties of record. Unless otherwise ordered for good cause shown, the failure of a party of record to attend a prehearing conference constitutes a waiver of any objection to the agreements reached or rulings made at the conference.

     3.  The action taken and the agreements made at a prehearing conference:

     (a) Must be made a part of the record.

     (b) Control the course of subsequent proceedings unless modified at the hearing by the Commission or hearing panel.

     (c) Are binding upon all parties of record and persons who subsequently become parties of record.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)

      NAC 116A.570  Motions. (NRS 116.615, 116A.200, 116A.300)

     1.  All motions, unless made during a hearing, must be in writing.

     2.  A written motion must be served on the opposing party and the Commission or a hearing panel at least 10 working days before the time set for the hearing on the motion.

     3.  An opposing party may file a written response to a motion within 7 working days after the receipt of the motion by serving the written response on all parties and the Commission or a hearing panel, except that a written response may be filed less than 3 working days before the time set for the hearing on the motion only with the permission of the Commission or a hearing panel upon good cause shown.

     4.  The Commission or a hearing panel may require oral argument or the submission of additional information or evidence to decide the motion.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)

      NAC 116A.575  Amendment and withdrawal of complaints; continuances. (NRS 116.615, 116A.200, 116A.300)

     1.  A complaint may be amended at any time.

     2.  The Commission or a hearing panel may grant a continuance if the amendment materially alters the complaint or a respondent demonstrates an inability to prepare for the case in a timely manner.

     3.  A complaint may be withdrawn at any time before the hearing begins.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)

      NAC 116A.580  Complaint or disciplinary hearing concerning provisional community manager. (NRS 116.615, 116A.200, 116A.300)

     1.  The Division shall provide a copy of any complaint filed against, or a disciplinary hearing or other proceeding commenced against, a provisional community manager to the supervising community manager with whom the provisional community manager is associated.

     2.  The supervising community manager with whom the provisional community manager is associated shall attend any disciplinary hearing before the Commission or a hearing panel concerning that provisional community manager.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)

 

 

      NAC 116A.585  Responsibilities of respondent. (NRS 116.615, 116A.200, 116A.300)

     1.  Not less than 5 working days before a hearing before the Commission or a hearing panel, the respondent must provide to the Division:

     (a) A copy of all documents that are reasonably available to the respondent which the respondent reasonably anticipates will be used in support of his or her position; and

     (b) A list of witnesses whom the respondent intends to call at the time of the hearing, which must include for each witness:

          (1) The name of the witness;

          (2) The company for whom the witness works and the title of the witness; and

          (3) A brief summary of the expected testimony of the witness.

     2.  The respondent shall promptly supplement and update any documents and lists provided to the Division pursuant to this section.

     3.  The respondent shall provide, at the time of the hearing, 10 copies of each document he or she wishes to have admitted into evidence at the hearing.

     4.  If the respondent fails to provide any document required to be provided by the provisions of this section, the Commission or a hearing panel may exclude the document.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)

      NAC 116A.590  Failure of party to appear. (NRS 116.615, 116A.200, 116A.300)  If a party fails to appear at a hearing scheduled by the Commission or a hearing panel and a continuance has not been requested or granted, upon an offer of proof by the other party that the absent party was given proper notice and upon a determination by the Commission or a hearing panel that proper notice was given, the Commission or a hearing panel may proceed to consider the case without the participation of the absent party and may dispose of the matter on the basis of the evidence before it. If a party fails to appear at the hearing or fails to reply to the notice, the charges specified in the complaint may be considered as true.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)

      NAC 116A.595  Procedure for hearings; date of decision. (NRS 116.615, 116A.200, 116A.300)

     1.  The presiding officer of a hearing shall:

     (a) Ascertain whether all persons commanded to appear under subpoena are present and whether all documents, books, records and other evidence under subpoena are present in the hearing room.

     (b) Administer the oath to the reporter as follows:

 

     Do you solemnly swear or affirm that you will report this hearing to the best of your stenographic ability?

 

     (c) Administer the oath to all persons whose testimony will be taken:

 

     Do you and each of you solemnly swear or affirm to tell the truth and nothing but the truth in these proceedings?

 

     (d) Ascertain whether either party wishes to have a witness excluded from the hearing except during the testimony of the witness. A witness may be excluded upon the motion of the Commission or a hearing panel or upon the motion of either party. If a witness is excluded, he or she will be instructed not to discuss the case during the pendency of the proceeding. The respondent will be allowed to remain present at the hearing. The Division may designate a person who is a member of the staff of the Division and who may also be a witness to act as its representative. Such a representative will be allowed to remain present at the hearing.

     (e) Ascertain whether a copy of the complaint or decision to deny has been filed and whether an answer has been filed as part of the record in the proceedings.

     (f) Hear any preliminary motions, stipulations or orders upon which the parties agree and address any administrative details.

     (g) Request the Division to proceed with the presentation of its case.

     2.  The Division may not submit any evidence to the Commission or a hearing panel before the hearing except for the complaint and answer.

     3.  The respondent may cross-examine witnesses in the order that the Division presents them.

     4.  Witnesses or counsel may be questioned by the members of the Commission or a hearing panel at any time during the proceeding.

     5.  Evidence which is to be introduced:

     (a) Must first be marked for identification; and

     (b) May be received by the Commission or a hearing panel at any point during the proceeding.

     6.  When the Division has completed its presentation, the presiding officer shall request the respondent to proceed with the introduction of evidence and calling of witnesses on his or her behalf.

     7.  The Division may cross-examine witnesses in the order that the respondent presents them.

     8.  When the respondent has completed his or her presentation, the Division may call any rebuttal witnesses.

     9.  When all testimony for the Division and respondent has been given and all evidence submitted, the presiding officer may request the Division and the respondent to summarize their presentations.

     10.  The Commission or a hearing panel may waive any provision of this section if necessary to expedite or ensure the fairness of the hearing.

     11.  The date of decision is the date the written decision is signed by a commissioner or a member of a hearing panel or filed with the Commission, whichever occurs later.

     12.  In the absence of the Chair of the Commission, any matter which must be acted upon may be submitted to the Vice Chair or, if the Vice Chair is unavailable, to the Secretary.

     13.  Upon the presentation of evidence that the respondent received notice of the hearing and has not filed an answer within the time prescribed pursuant to NRS 116.770, his or her default may be entered and a decision may be issued based upon the allegations of the complaint.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)

      NAC 116A.600  Recess of hearing for conference. (NRS 116.615, 116A.200, 116A.300)  In any hearing, the Commission or hearing panel may recess the hearing for a conference in order to discuss matters relating to the testimony about to be given by a witness or for any other purpose that may expedite the orderly conduct and disposition of the proceedings or settlements thereof. The Commission or hearing panel will state on the record the results of such a conference.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)

      NAC 116A.605  Preparation and dissemination of final decision after hearing. (NRS 116.615, 116A.200, 116A.300)  After a hearing, the Commission or hearing panel will, within 30 days:

     1.  Prepare findings of fact, conclusions of law and a final decision on the issues presented at the hearing; and

     2.  Provide a copy of the findings of fact, conclusions of law and final decision to the Division, which will then serve the parties of record and the Commission.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)

 

      NAC 116A.610  Voluntary surrender of certificate or temporary certificate in lieu of disciplinary action. (NRS 116.615, 116A.200, 116A.300, 116A.400)  The Commission or a hearing panel may accept the voluntary surrender of a certificate or temporary certificate in lieu of imposing any other disciplinary action set forth in this chapter, chapter 116 of NAC or chapter 116 or 116A of NRS.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.590)

      NAC 116A.615  Reporting of disciplinary action or denial of certificate or temporary certificate. (NRS 116.615, 116A.200, 116A.300, 116A.400)  The Division, Commission or a hearing panel may report any disciplinary action it takes against a holder of a certificate or temporary certificate or any denial of an application for a certificate or temporary certificate to:

     1.  An association managed by the holder of a certificate or temporary certificate;

     2.  Any national repository which records disciplinary actions taken against community managers;

     3.  Any agency of another jurisdiction that regulates the practice of management of a common-interest community; and

     4.  Any other agency or board of the State of Nevada.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.595)

      NAC 116A.620  Appeal of final order of hearing panel; filing of briefs. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  Pursuant to NRS 116.675, a final order of a hearing panel may be appealed and a review hearing held by the Commission. If a final order of a hearing panel is appealed, the order is stayed until the Commission issues its ruling, order or decision after the review hearing.

     2.  A written notice of appeal filed pursuant to NRS 116.675 must be accompanied by an appellant’s brief which must describe the basis for the appeal, cite any supporting authorities and designate any part of the record which was before the hearing panel and is relevant to the appeal.

     3.  A respondent may file a respondent’s brief within 20 days after service of the appellant’s brief.

     4.  An appellant may then file a reply brief within 12 days after service of a respondent’s brief. The reply brief may only respond to issues raised in a respondent’s brief. Any issues raised for the first time which are contained in the reply brief will not be considered by the Commission.

     5.  The Division may file an amicus brief which describes the Division’s position on any issue raised by a final order of a hearing panel. The Division’s brief must be filed within 20 days after the filing of the appellant’s brief.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)

      NAC 116A.625  Review hearings: Setting; notice. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  After the date for the filing of a reply brief has passed, the Commission will set the matter for a review hearing to be conducted as soon as practicable.

     2.  The review hearing must be held at such time and place as the Commission prescribes. At least 15 days before the date set for the review hearing, the Commission will notify in writing each party of record of the date. Written notice of the review hearing may be served by delivery personally to each party or by mailing the notice by certified mail to the last known address of each party.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)

      NAC 116A.630  Review hearings: Oral argument. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  The Commission may, in the written notice described in NAC 116A.625, provide for oral argument at the review hearing. The written notice must state whether the oral argument is limited to a particular issue or inquiry.

     2.  Unless extended by the Commission, an oral argument will be limited to 10 minutes.

     3.  The Commission may allow the Division to participate as an amicus party at oral argument.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)

      NAC 116A.635  Review hearings: Issuance of written decision. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  The Commission will render a written decision on any appeal within 30 days after the review hearing and will notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.

     2.  The Commission may affirm, reverse or modify a decision of the hearing panel.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)

      NAC 116A.640  Review of final order of hearing panel not appealed by party. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  If a final order of a hearing panel is not appealed to the Commission by a party and if:

     (a) The Chair determines that the Commission should review the final order; or

     (b) A member of the Commission makes a written or oral request to the Chair that the Commission review the final order,

Ê the Chair of the Commission shall, not later than 7 days after the date that a final order may be appealed by a party pursuant to NRS 116.675, direct the Division to provide written notice to all parties that the Commission will review the final order at the next meeting of the Commission.

     2.  Any final order by a hearing panel which is under review by the Commission pursuant to this section is stayed until the Commission issues its ruling, order or decision.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)

      NAC 116A.645  Payment of costs for transcript of hearing. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  Except as otherwise provided in this section, a party which seeks a transcript of its hearing must pay the reasonable costs of transcription.  

     2.  If the Commission determines that a transcript is reasonably necessary for a party for a review hearing, the Commission will pay the costs of transcription.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)

      NAC 116A.650  Request for hearing prohibited after initiation of civil action or submission for mediation or arbitration. (NRS 116.615, 116A.200, 116A.300)  A party may not request a hearing before the Commission or a hearing panel if a civil action based upon the same claim has already been initiated in any court in this State or has already been submitted to mediation or arbitration pursuant to the provisions of NRS 38.300 to 38.360, inclusive.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)

      NAC 116A.655  Request for hearing prohibited for improper purpose. (NRS 116.615, 116.675, 116A.200, 116A.300)  A party shall not request a review hearing for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

     (Added to NAC by Comm’n for Common-Interest Communities by R142-06, eff. 12-7-2006)