[Rev. 3/18/2013 2:32:16 PM]

Link to Page 2024

 

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ê1997 Statutes of Nevada, Page 2025ê

 

CHAPTER 483, SB 356

Senate Bill No. 356–Senator Titus

CHAPTER 483

AN ACT relating to children; requiring an applicant for the issuance or renewal of certain licenses, certificates or permits to submit a statement indicating whether the applicant is subject to a court order for the support of a child and whether he is in compliance with that order or a plan for the repayment of the money owed pursuant to the order; prohibiting the issuance or renewal of such a license, certificate or permit if the applicant indicates on the statement that he is subject to a court order for the support of a child and is not in compliance with such an order or plan; requiring the district court to suspend the professional, occupational or recreational licenses, certificates and permits issued to a person who has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of one or more children or issued to a person who is in arrears in the payment for the support of one or more children; requiring the social security numbers of applicants for certain licenses, certificates or permits to be included in the applications therefor; requiring the welfare division of the department of human resources to conduct a study of the effectiveness of the provisions of the act; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 425 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 3.8, inclusive, of this act.

      Sec. 2.  As used in NRS 425.3837 and sections 3 to 3.8, inclusive, of this act, unless the context otherwise requires, “agency that issues a professional, occupational or recreational license, certificate or permit” means the division of wildlife of the state department of conservation and natural resources and any officer, agency, board or commission of this state which is prohibited by specific statute from issuing or renewing a license, certificate or permit unless the applicant for the issuance or renewal of that license, certificate or permit submits to the officer, agency, board or commission the statement prescribed by the welfare division pursuant to section 3 of this act.

      Sec. 3.  1.  The welfare division shall prescribe, by regulation, a statement which must be submitted to an agency that issues a professional, occupational or recreational license, certificate or permit by an applicant for the issuance or renewal of such a license, certificate or permit.

      2.  The statement prescribed pursuant to subsection 1 must:

      (a) Provide the applicant with an opportunity to indicate that:

             (1) He is not subject to a court order for the support of a child;

             (2) He is subject to a court order for the support of one or more children and is in compliance with the order or is in compliance with a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order; or

             (3) He is subject to a court order for the support of one or more children and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order;

 


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ê1997 Statutes of Nevada, Page 2026 (Chapter 483, SB 356)ê

 

district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order;

      (b) Include a statement that the application for the issuance or renewal of the license, certificate or permit will be denied if the applicant does not indicate on the statement which of the provisions of paragraph (a) applies to the applicant; and

      (c) Include a space for the signature of the applicant.

      Sec. 3.2.  1.  Each district attorney or other public agency collecting support for children shall send a notice by certified mail, restricted delivery, with return receipt requested to each person who:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of one or more children.

The notice must include the information set forth in subsections 2 and 3 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

      2.  If the person does not, within 30 days after he receives the notice required by subsection 1:

      (a) Comply with the subpoena or warrant;

      (b) Satisfy the arrearage pursuant to section 3.8 of this act; or

      (c) Submit to the district attorney or other public agency a written request for a hearing,

the district attorney or other public agency shall request in writing that the master suspend all professional, occupational and recreational licenses, certificates and permits issued to that person.

      3.  If the master receives from a district attorney or other public agency a request to suspend the professional, occupational and recreational licenses, certificates and permits issued to a person, the master shall enter a recommendation determining whether the person:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of one or more children.

As soon as practicable after the master enters his recommendation, the district attorney or other public agency shall notify the person by first-class mail of the recommendation of the master.

      4.  If a person requests a hearing within the period prescribed in subsection 2, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of his recommendation at the conclusion of the hearing or as soon thereafter as is practicable.

      Sec. 3.4.  1.  If a master enters a recommendation determining that a person:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or


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ê1997 Statutes of Nevada, Page 2027 (Chapter 483, SB 356)ê

 

      (b) Is in arrears in the payment for the support of one or more children, and the district court issues an order approving the recommendation of the master, the court shall provide a copy of the order to all agencies that issue professional, occupational or recreational licenses, certificates or permits.

      2.  A court order issued pursuant to subsection 1 must provide that if the person named in the order does not, within 30 days after the date on which the order is issued, submit to any agency that has issued a professional, occupational or recreational license, certificate or permit to that person a letter from the district attorney or other public agency stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act, the professional, occupational or recreational licenses issued to the person by that agency will be automatically suspended. Such an order must not apply to a license, certificate or permit issued by the division of wildlife of the state department of conservation and natural resources or the state land registrar if that license, certificate or permit expires less than 6 months after it is issued.

      3.  If a court issues an order pursuant to subsection 1, the district attorney or other public agency shall send a notice by first-class mail to the person who is subject to the order. The notice must include:

      (a) If the person has failed to comply with a subpoena or warrant, a copy of the court order and a copy of the subpoena or warrant; or

      (b) If the person is in arrears in the payment for the support of one or more children:

             (1) A copy of the court order;

             (2) A statement of the amount of the arrearage; and

             (3) A statement of the action that the person may take to satisfy the arrearage pursuant to section 3.8 of this act.

      Sec. 3.6.  The district attorney or other public agency shall, within 5 days after a person who is subject to a court order issued pursuant to section 3.4 of this act complies with the subpoena or warrant or satisfies the arrearage pursuant to section 3.8 of this act, provide to the person who is subject to the order a letter stating that the person has complied with the subpoena or warrant or has satisfied the arrearage. The district attorney or other public agency shall also mail a copy of that letter to all of the agencies to which a copy of the order was provided pursuant to section 3.4 of this act.

      Sec. 3.8.  For the purposes of NRS 425.3837 and sections 3.2 to 3.8, inclusive, of this act:

      1.  A person is in arrears in the payment for the support of one or more children if:

      (a) He:

             (1) Owes a total of more than $1,000 for the support of one or more children for which payment is past due; and

             (2) Is delinquent for not less than 2 months in payments for the support of one or more children or any payments ordered by a court for arrearages in such payments; or


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ê1997 Statutes of Nevada, Page 2028 (Chapter 483, SB 356)ê

 

      (b) He has failed to provide medical insurance for a child as required by a court order.

      2.  A person who is in arrears in the payment for the support of one or more children may satisfy the arrearage by:

      (a) Paying all of the past due payments;

      (b) If he is unable to pay all past due payments:

             (1) Paying the amounts of the overdue payments for the preceding 12 months which a court has determined are in arrears; or

             (2) Entering into and complying with a plan for the repayment of the arrearages which is approved by the district attorney or other public agency enforcing the order; or

      (c) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.

      Sec. 4.  NRS 425.260 is hereby amended to read as follows:

      425.260  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 425.270 to 425.330, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 4.5.  NRS 425.347 is hereby amended to read as follows:

      425.347  1.  A governmental entity which issues a license to do business in this state shall, upon request of the division, submit to the division information regarding the name and address of each natural person who holds such a license and any pertinent changes in that information.

      2.  A board or commission which issues occupational or professional licenses or permits pursuant to Title 54 of NRS shall, upon request of the division, submit to the division information regarding the name and address of each person who holds such a license or permit and any pertinent changes in that information.

      3.  The division shall periodically provide the information obtained pursuant to this section and sections 137, 145, 149, 153 and 157 of this act to the district attorneys and other public agencies in this state collecting support for children.

      Sec. 5.  NRS 425.3837 is hereby amended to read as follows:

      425.3837  1.  Each district attorney or other public agency collecting support for children shall send a notice by first-class mail to each person who [is] :

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of [a child.] one or more children.

The notice must include [a statement of the amount of the arrearage and] the information set forth in subsection 2 [.] and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

      2.  If the person does not [satisfy] , within 30 days after he receives the notice required by subsection 1:

      (a) Comply with the subpoena or warrant;

      (b) Satisfy the arrearage pursuant to subsection [6 or submit] 7; or


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ê1997 Statutes of Nevada, Page 2029 (Chapter 483, SB 356)ê

 

      (c) Submit to the district attorney or other public agency a written request for a hearing , [within 20 days after he receives the notice required by subsection 1,]

the district attorney or other public agency shall report the name of that person to the department of motor vehicles and public safety.

      3.  If a person requests a hearing within the period prescribed in subsection 2, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of his recommendation at the conclusion of the hearing or as soon thereafter as is practicable. If the master determines that the person has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child, he shall include in the notice the information set forth in subsection 4. If the master determines that the person is in arrears in the payment for the support of [a child,] one or more children, he shall include in the notice the information set forth in subsection [4.] 5.

      4.  If the master determines that a person who requested a hearing pursuant to subsection 2 has not complied with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the department.

      5.  If the master determines that a person who requested a hearing pursuant to subsection 2 is in arrears in the payment for the support of [a child] one or more children, the master shall notify the person that if he does not immediately agree to enter into a plan for the repayment of the arrearages that is approved by the district attorney or other public agency, his driver’s license and motorcycle driver’s license may be subject to suspension. If the person does not agree to enter into such a plan and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the department.

      [5.]6.  The district attorney or other public agency shall, within 5 days after the person who has failed to comply with a subpoena or warrant or is in arrears in the payment for the support of [a child] one or more children complies with the subpoena or warrant or satisfies the arrearage pursuant to [subsection 6,] section 3.8 of this act, notify the department that the person [no longer in arrears in the payment for the support of a child.

      6.]has complied with the subpoena or warrant or has satisfied the arrearage.

      7.  For the purposes of this section [:

      (a) A person is in arrears in the payment for the support of a child if:

             (1) He owes more than $1,000 in payments for the support of a child which are past due and is delinquent for not less than 2 months in payments for the support of a child or any payments ordered by a court for arrearages in such payments; or


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ê1997 Statutes of Nevada, Page 2030 (Chapter 483, SB 356)ê

 

             (2) He has failed to provide medical insurance for a child as required by a court order.

      (b) A person who is in arrears in the payment for the support of a child may satisfy the arrearage by:

             (1) Paying all of the past due payments;

             (2) If unable to pay all of the past due payments, paying the amount of the overdue payments for the preceding 12 months which a court has determined are in arrears; or

             (3) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.

      (c) A] , a person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at his last known address.

      Sec. 5.5.  NRS 425.3837 is hereby amended to read as follows:

      425.3837  1.  Each district attorney or other public agency collecting support for children shall send a notice by first-class mail to each person who [:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Is] is in arrears in the payment for the support of one or more children. The notice must include the information set forth in subsection 2 and [a copy of the subpoena or warrant or] a statement of the amount of the arrearage.

      2.  If the person does not, within 30 days after he receives the notice required by subsection 1:

      (a) [Comply with the subpoena or warrant;

      (b)] Satisfy the arrearage pursuant to subsection 7; or

      [(c)](b) Submit to the district attorney or other public agency a written request for a hearing,

the district attorney or other public agency shall report the name of that person to the department of motor vehicles and public safety.

      3.  If a person requests a hearing within the period prescribed in subsection 2, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of his recommendation at the conclusion of the hearing or as soon thereafter as is practicable. If the master determines that the person [has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child, he shall include in the notice the information set forth in subsection 4. If the master determines that the person] is in arrears in the payment for the support of one or more children, he shall include in the notice the information set forth in subsection [5.] 4.

      4.  If the master determines that a person who requested a hearing pursuant to subsection 2 [has not complied with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the department.


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ê1997 Statutes of Nevada, Page 2031 (Chapter 483, SB 356)ê

 

issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the department.

      5.  If the master determines that a person who requested a hearing pursuant to subsection 2] is in arrears in the payment for the support of one or more children, the master shall notify the person that if he does not immediately agree to enter into a plan for the repayment of the arrearages that is approved by the district attorney or other public agency, his driver’s license and motorcycle driver’s license may be subject to suspension. If the person does not agree to enter into such a plan and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the department.

      [6.]5.  The district attorney or other public agency shall, within 5 days after the person who [has failed to comply with a subpoena or warrant or] is in arrears in the payment for the support of one or more children [complies with the subpoena or warrant or] satisfies the arrearage pursuant to section 3.8 of this act, notify the department that the person has [complied with the subpoena or warrant or has] satisfied the arrearage.

      [7.]6.  For the purposes of this section [, a] :

      (a) A person is in arrears in the payment for the support of one or more children if:

             (1) He:

                   (I) Owes a total of more than $1,000 for the support of one or more children for which payment is past due; and

                   (II) Is delinquent for not less than 2 months in payments for the support of one or more children or any payments ordered by a court for arrearages in such payments; or

             (2) He has failed to provide medical insurance for a child as required by a court order.

      (b) A person who is in arrears in the payment for the support of one or more children may satisfy the arrearage by:

             (1) Paying all of the past due payments;

             (2) If he is unable to pay all past due payments:

                   (I) Paying the amounts of the overdue payments for the preceding 12 months which a court has determined are in arrears; or

                   (II) Entering into and complying with a plan for the repayment of the arrearages which is approved by the district attorney or other public agency enforcing the order; or

             (3) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.

      (c) A person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at his last known address.


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ê1997 Statutes of Nevada, Page 2032 (Chapter 483, SB 356)ê

 

      Sec. 6.  Chapter 1 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.

      Sec. 7.  1.  An applicant for the issuance or renewal of a certificate as a court interpreter shall submit to the court administrator the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the court administrator.

      3.  A certificate as a court interpreter may not be issued or renewed by the court administrator if the applicant:

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

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

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

      Sec. 8.  1.  If the court administrator receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate as a court interpreter, the court administrator shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the court administrator receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The court administrator shall reinstate a certificate as a court interpreter that has been suspended by a district court pursuant to section 3.4 of this act if:

      (a) The court administrator receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act; and


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ê1997 Statutes of Nevada, Page 2033 (Chapter 483, SB 356)ê

 

      (b) The person whose certificate was suspended pays any fees imposed by the court administrator pursuant to NRS 1.520 for the reinstatement of a suspended certificate.

      Sec. 9.  NRS 1.510 is hereby amended to read as follows:

      1.510  1.  The court administrator shall, in consultation with the committee established pursuant to NRS 1.530, adopt regulations which, subject to the availability of funding, establish a program for the certification of court interpreters for witnesses, defendants and litigants who speak a language other than English and do not know the English language.

      2.  The regulations must set forth:

      (a) The specific languages for which court interpreters may obtain certification, based upon the need for interpreters of those languages.

      (b) Any examination and the qualifications which are required for:

             (1) Certification; and

             (2) Renewal of the certification.

      (c) The circumstances under which the court administrator will deny, suspend or refuse to renew a certificate.

      (d) The circumstances under which the court administrator will take disciplinary action against a court interpreter.

      (e) The circumstances under which a court must require the services of an interpreter who is certified.

      (f) Except as otherwise provided in NRS 50.050, the rate and source of the compensation to be paid for services provided by a certified court interpreter.

      3.  An application for a certificate as a court interpreter must include the social security number of the applicant.

      4.  Except as otherwise provided by a specific regulation of the court administrator, it is grounds for disciplinary action for a certified court interpreter to act as interpreter in any action in which:

      (a) His spouse is a party;

      (b) A party or witness is otherwise related to him;

      (c) He is biased for or against one of the parties; or

      (d) He otherwise has an interest in the outcome of the proceeding.

      Sec. 10.  Chapter 7 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.

      Sec. 11.  1.  An applicant for the issuance or renewal of a license to practice law in this state shall submit to the supreme court the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the supreme court.

      3.  A license to practice law in this state may not be issued or renewed by the supreme court if the applicant:

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


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ê1997 Statutes of Nevada, Page 2034 (Chapter 483, SB 356)ê

 

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

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

      Sec. 12.  1.  If the supreme court receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a license to practice law in this state, the supreme court shall deem the license issued by the supreme court to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the supreme court receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person to whom the license was issued stating that the person to whom the license was issued has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The supreme court shall reinstate a license to practice law that has been suspended by a district court pursuant to section 3.4 of this act if:

      (a) The supreme court receives a letter issued by the district attorney or other public agency to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act; and

      (b) The person whose license was suspended pays any fees imposed by the supreme court for the reinstatement of a suspended license.

      Sec. 13.  NRS 7.030 is hereby amended to read as follows:

      7.030  1.  Every person, before receiving a license to practice law, shall:

      [1.](a) Take, before a person authorized by the laws of this state to administer oaths, the oath prescribed by rule of the supreme court.

      [2.](b) Pay to the clerk of the supreme court the sum of $25. The clerk of the supreme court shall remit the fees to the state treasurer as provided by subsection 7 of NRS 2.250. The money [so] received by the state treasurer pursuant to this paragraph must be placed in the state general fund.

      2.  An application for a license to practice law must include the social security number of the applicant.


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ê1997 Statutes of Nevada, Page 2035 (Chapter 483, SB 356)ê

 

      Sec. 14.  Chapter 90 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.

      Sec. 15.  1.  An applicant for the issuance or renewal of a license as a broker-dealer, sales representative, investment adviser or representative of an investment adviser shall submit to the administrator the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the administrator.

      3.  A license as a broker-dealer, sales representative, investment adviser or representative of an investment adviser may not be issued or renewed by the administrator if the applicant:

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

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

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

      Sec. 16.  1.  If the administrator receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a broker-dealer, sales representative, investment adviser or representative of an investment adviser, the administrator shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the administrator receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The administrator shall reinstate a license as a broker-dealer, sales representative, investment adviser or representative of an investment adviser that has been suspended by a district court pursuant to section 3.4 of this act if the administrator receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2036 (Chapter 483, SB 356)ê

 

has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 17.  NRS 90.350 is hereby amended to read as follows:

      90.350  1.  An applicant for licensing as a broker-dealer, sales representative, investment adviser or representative of an investment adviser [shall] must file with the administrator an application for licensing and a consent to service of process pursuant to NRS 90.770 and pay the fee required by NRS 90.360. The application for licensing must contain the social security number of the applicant and any other information the administrator determines by regulation to be necessary and appropriate to facilitate the administration of this chapter.

      2.  The requirements of subsection 1 are satisfied by an applicant who has filed and maintains a completed and current registration with the Securities and Exchange Commission or a self-regulatory organization if the information contained in that registration is readily available to the administrator through a central depository system approved by him. Such an applicant must also file a notice with the administrator in the form and content determined by the administrator by regulation and a consent to service of process pursuant to NRS 90.770 and the fee required by NRS 90.360. The administrator, by order, may require the submission of additional information by an applicant.

      Sec. 18.  NRS 90.380 is hereby amended to read as follows:

      90.380  1.  Unless a proceeding under NRS 90.420 has been instituted, the license of any broker-dealer, sales representative, investment adviser or representative of an investment adviser becomes effective 30 days after an application for licensing has been filed and is complete, including any amendment, if all requirements imposed pursuant to NRS 90.370 and section 15 of this act have been satisfied. An application or amendment is complete when the applicant has furnished information responsive to each applicable item of the application. The administrator may by order authorize an earlier effective date of licensing.

      2.  The license of a broker-dealer, sales representative, investment adviser or representative of an investment adviser is effective until terminated by revocation, suspension, expiration or withdrawal.

      3.  The license of a sales representative is only effective with respect to transactions effected on behalf of the broker-dealer or issuer for whom the sales representative is licensed.

      4.  A person shall not at any one time act as a sales representative for more than one broker-dealer or for more than one issuer, unless the administrator by regulation or order authorizes multiple licenses.

      5.  If a person licensed as a sales representative terminates association with a broker-dealer or issuer or ceases to be a sales representative, the sales representative and the broker-dealer or issuer on whose behalf the sales representative was acting shall promptly notify the administrator.

      6.  The administrator by regulation may authorize one or more special classifications of licenses as a broker-dealer, sales representative, investment adviser or representative of an investment adviser to be issued to applicants subject to limitations and conditions on the nature of the activities that may be conducted by persons so licensed.


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ê1997 Statutes of Nevada, Page 2037 (Chapter 483, SB 356)ê

 

      7.  The license of a broker-dealer, sales representative, investment adviser or representative of an investment adviser expires if [the] :

      (a) The statement required pursuant to section 15 of this act is not submitted when it is due; or

      (b) The annual fee required by NRS 90.360 is not paid when it is due.

      8.  A license that has expired may be reinstated retroactively if the licensed person [pays] :

      (a) Submits the statement required pursuant to section 15 of this act; and

      (b) Pays the fee required by NRS 90.360, plus a fee for reinstatement in the amount of $25,

within 30 days after the date of expiration. If the license is not reinstated within that time, it shall be deemed to have lapsed as of the date of expiration, and the licensed person must thereafter submit a new application for licensing if he desires to be relicensed.

      Sec. 18.1.  Chapter 119A of NRS is hereby amended by adding thereto the provisions set forth as sections 18.2 and 18.3, inclusive, of this act.

      Sec. 18.2.  1.  An applicant for the issuance or renewal of a sales agent’s license or registration as a representative shall submit to the administrator the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the administrator.

      3.  A sales agent’s license or registration as a representative may not be issued or renewed by the administrator if the applicant:

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

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

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

      Sec. 18.3.  1.  If the administrator receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a sales agent’s license or has been registered as a representative, the administrator shall deem the license or registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the administrator receives a letter issued to the holder of the license or registration by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2038 (Chapter 483, SB 356)ê

 

license or registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the administrator receives a letter issued to the holder of the license or registration by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The administrator shall reinstate a sales agent’s license or the registration of a representative that has been suspended by a district court pursuant to section 3.4 of this act if the administrator receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 18.4.  NRS 119A.210 is hereby amended to read as follows:

      119A.210  1.  The administrator shall issue a sales agent’s license to each applicant who submits an application to the division, in the manner provided by the division, which includes:

      (a) Satisfactory evidence, affirmed by the project broker or another acceptable source, that the applicant has completed 14 hours of instruction in:

             (1) Ethics.

             (2) The applicable laws and regulations relating to time shares.

             (3) Principles and practices of selling time shares.

      (b) Satisfactory evidence that he has a reputation for honesty, trustworthiness and competence.

      (c) A designation of the developer for whom he proposes to sell time shares.

      (d) The social security number of the applicant.

      (e) Any further information required by the division, including the submission by the applicant to any investigation by the police or the division.

      2.  In addition to or in lieu of the 14 hours of instruction required by paragraph (a) of subsection 1, the applicant may be required to pass an examination which may be adopted by the division to examine satisfactorily the knowledge of the applicant in those areas of instruction listed in paragraph (a) of subsection 1.

      3.  The application must be accompanied by the statement required pursuant to section 18.2 of this act and a fee of $75. [This] The fee must be used by the division to pay the costs of investigating, acting upon and reviewing applications for sales agents’ licenses.

      4.  A person who is licensed as a salesman pursuant to chapter 645 of NRS is not required to obtain a license pursuant to the provisions of this section.

      5.  Upon the issuance of a license to an applicant, the applicant must pay a fee of $100 for the license and an additional fee of $25 for investigation.


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ê1997 Statutes of Nevada, Page 2039 (Chapter 483, SB 356)ê

 

      6.  Each sales agent’s license issued pursuant to this section expires 2 years after the last day of the calendar month in which it was issued and must be renewed on or before that date. Each licensee must pay a renewal fee of $100.

      7.  If a sales agent fails to pay the renewal fee before the expiration of his license, the license may be reinstated if the licensee pays a reinstatement fee of $50 and the renewal fee within 1 year after the license expires.

      8.  The administrator may adopt regulations establishing and governing requirements for the continuing education of sales agents.

      Sec. 18.5.  NRS 119A.240 is hereby amended to read as follows:

      119A.240  1.  The administrator shall register as a representative each applicant who:

      [1.](a) Submits proof satisfactory to the division that he has a reputation for honesty, trustworthiness and competence;

      [2.](b) Applies for registration in the manner provided by the division; [and

      3.](c) Submits the statement required pursuant to section 18.2 of this act; and

      (d) Pays the fees provided for in this chapter.

      2.  An application for registration as a representative must include the social security number of the applicant.

      Sec. 18.6.  NRS 119A.250 is hereby amended to read as follows:

      119A.250  1.  All registrations issued pursuant to this chapter expire 1 year after their issuance.

      2.  Each representative who submits the statement required pursuant to section 18.2 of this act and meets the requirements for renewal adopted by the division may renew his registration upon the payment of the annual renewal fee before the expiration of his registration.

      3.  If a representative fails to pay the annual renewal fee before the expiration of his registration, the registration may be reinstated upon the submission of the statement and payment of the reinstatement fee in addition to the annual renewal fee. A registration may be reinstated under this subsection only if the statement is submitted and the fees are paid within 1 year after the registration expires.

      4.  A representative issued a registration shall not change his association to another developer or change his location with the same developer unless he has obtained from the division a transfer of his registration for its unexpired term. An application to the division for the transfer of his registration for the unexpired term must be accompanied by the fee specified in NRS 119A.360 for the transfer of registration.

      Sec. 19.  Chapter 122 of NRS is hereby amended by adding thereto the provisions set forth as sections 20 and 21 of this act.

      Sec. 20.  1.  An applicant for the issuance of a certificate of permission shall submit to the county clerk the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.


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ê1997 Statutes of Nevada, Page 2040 (Chapter 483, SB 356)ê

 

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

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

      (b) A separate form prescribed by the county clerk.

      3.  A certificate of permission may not be issued by the county clerk if the applicant:

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

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

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

      Sec. 21.  1.  If a county clerk receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of permission, the county clerk shall deem the certificate of permission issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the county clerk receives a letter issued to the holder of the certificate of permission by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate of permission has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  A county clerk shall reinstate a certificate of permission that has been suspended by a district court pursuant to section 3.4 of this act if the county clerk receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate of permission was suspended stating that the person whose certificate of permission was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 22.  NRS 122.062 is hereby amended to read as follows:

      122.062  1.  Any licensed or ordained minister in good standing within his denomination, whose denomination, governing body and church, or any of them, are incorporated or organized or established in [the State of Nevada,] this state, may join together as husband and wife persons who present a marriage license obtained from any county clerk of the state, if [such] the minister first obtains a certificate of permission to perform marriages as provided in this section , sections 20 and 21 of this act and NRS 122.064 to 122.073, inclusive. The fact that a minister is retired does not disqualify him from obtaining a certificate of permission to perform marriages if, before his retirement, he had active charge of a congregation within this state for a period of at least 3 years.


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ê1997 Statutes of Nevada, Page 2041 (Chapter 483, SB 356)ê

 

not disqualify him from obtaining a certificate of permission to perform marriages if, before his retirement, he had active charge of a congregation within this state for a period of at least 3 years.

      2.  A temporary replacement for a licensed or ordained minister certified pursuant to this section , sections 20 and 21 of this act and NRS 122.064 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 during such time as he may be authorized to do so by the county clerk in the county in which he is a temporary replacement, for a period not to exceed 90 days. The minister whom he temporarily replaces shall provide him with a written authorization which states the period during which it is effective.

      3.  Any chaplain who is assigned to duty in this state by the Armed Forces of the United States may solemnize marriages [,] if he obtains a certificate of permission to perform marriages from the county clerk of the county in which his duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof by him of his military status as a chaplain and of his assignment.

      4.  A county clerk may authorize a licensed or ordained minister whose congregation is in another state to perform marriages in the county [,] if the county clerk satisfies himself that the minister is in good standing with his denomination or church. The authorization must be in writing and need not be filed with any other public officer. A separate authorization is required for each marriage performed. Such a minister may perform not more than five marriages in this state in any calendar year.

      Sec. 23.  NRS 122.064 is hereby amended to read as follows:

      122.064  1.  A certificate of permission may be obtained only from the county clerk of the county in which the minister resides, after the filing of a proper application. The initial application [shall:] must:

      (a) Be in writing and be verified by the applicant or his superior.

      (b) [Show] Include the date of licensure or ordination, or both, of the minister, and the name of the denomination, governing body and church, or any of them, with which he is affiliated.

      (c) Include the social security number of the applicant.

      (d) Be accompanied by two copies of the denominational standing of the applicant, one of which the county clerk shall file with the secretary of state.

      2.  [For the purpose of determining] To determine the qualifications of any minister who has filed an application for a certificate, the county clerk with whom [such] the application has been filed may require : [that:]

      (a) The congregation of [such] the minister to furnish any evidence which the county clerk considers necessary or helpful.

      (b) The district attorney and the sheriff to conduct an investigation of the background and present activities of [such] the minister.

      3.  In addition to the requirement of good standing, the county clerk shall , before approving an initial application , satisfy himself that:

      (a) The applicant’s ministry is primarily one of service to his congregation or denomination, and that his performance of marriages will be incidental to [such] that service, or, in the case of a retired minister, that his active ministry was of such a nature.


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ê1997 Statutes of Nevada, Page 2042 (Chapter 483, SB 356)ê

 

      (b) No certificate previously issued to the applicant has been canceled for a knowing violation of the laws of this state or of the United States.

      (c) The applicant has not been convicted of a felony, been released from confinement or completed his parole or probation, whichever occurs later, within 10 years before the date of the application.

      4.  The county clerk may require any applicant to submit information in addition to [that] the information required by this section.

      Sec. 24.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 25, 26 and 27 of this act.

      Sec. 25.  1.  If a board of county commissioners requires a person to obtain a license, permit or certificate to practice a profession or occupation pursuant to NRS 244.335, an applicant for the issuance or renewal of such a license, certificate or permit shall submit to the board of county commissioners the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

      2.  The board of county commissioners shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the board of county commissioners.

      3.  A license, certificate or permit may not be issued or renewed by a board of county commissioners pursuant to NRS 244.335 if the applicant:

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

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

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

      Sec. 26.  1.  If a board of county commissioners receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license, certificate or permit to practice a profession or occupation in that county, the board of county commissioners shall deem the license, certificate or permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board of county commissioners receives a letter issued to the holder of the license, certificate or permit by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license, certificate or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2043 (Chapter 483, SB 356)ê

 

complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  A board of county commissioners shall reinstate a license, certificate or permit to practice a profession or occupation in that county that has been suspended by a district court pursuant to section 3.4 of this act if the board of county commissioners receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license, certificate or permit was suspended stating that the person whose license, certificate or permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 27.  An application for the issuance of a license, permit or certificate to practice a profession or occupation pursuant to NRS 244.335 must include the social security number of the applicant.

      Sec. 28.  Chapter 266 of NRS is hereby amended by adding thereto the provisions set forth as sections 29, 30 and 31 of this act.

      Sec. 29.  1.  If a city council requires a person to obtain a license, permit or certificate to practice a profession or occupation pursuant to NRS 266.355, an applicant for the issuance or renewal of such a license, certificate or permit shall submit to the city council the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the city council.

      3.  A license, certificate or permit may not be issued or renewed by the city council pursuant to NRS 266.355 if the applicant:

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

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

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

      Sec. 30.  1.  If a city council receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license, certificate or permit to practice a profession or occupation issued by the city council pursuant to NRS 266.355, the city council shall deem the license, certificate or permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the city council receives a letter issued to the holder of the license, certificate or permit by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license, certificate or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2044 (Chapter 483, SB 356)ê

 

NRS 266.355, the city council shall deem the license, certificate or permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the city council receives a letter issued to the holder of the license, certificate or permit by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license, certificate or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  A city council shall reinstate a license, certificate or permit to practice a profession or occupation issued by the city council pursuant to NRS 266.355 that has been suspended by a district court pursuant to section 3.4 of this act if the city council receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license, certificate or permit was suspended stating that the person whose license, certificate or permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 31.  An application for the issuance of a license, permit or certificate to practice a profession or occupation pursuant to NRS 266.355 must include the social security number of the applicant.

      Sec. 32.  Chapter 269 of NRS is hereby amended by adding thereto the provisions set forth as sections 33, 34 and 35 of this act.

      Sec. 33.  1.  If a town board or board of county commissioners requires a person to obtain a license, permit or certificate to practice a profession or occupation pursuant to NRS 269.170, an applicant for the issuance or renewal of such a license, certificate or permit shall submit to the town board or board of county commissioners the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

      2.  The town board or board of county commissioners shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the town board or board of county commissioners.

      3.  A license, certificate or permit may not be issued or renewed by a town board or board of county commissioners pursuant to NRS 269.170 if the applicant:

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

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

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2045 (Chapter 483, SB 356)ê

 

attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the town board or board of county commissioners shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 34.  1.  If a town board or board of county commissioners receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license, certificate or permit to practice a profession or occupation pursuant to NRS 269.170, the town board or board of county commissioners shall deem the license, certificate or permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the town board or board of county commissioners receives a letter issued to the holder of the license, certificate or permit by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license, certificate or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  A town board or board of county commissioners shall reinstate a license, certificate or permit to practice a profession or occupation issued pursuant to NRS 269.170 that has been suspended by a district court pursuant to section 3.4 of this act if the town board or board of county commissioners receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license, certificate or permit was suspended stating that the person whose license, certificate or permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 35.  An application for the issuance of a license, permit or certificate to practice a profession or occupation pursuant to NRS 269.170 must include the social security number of the applicant.

      Sec. 36.  Chapter 322 of NRS is hereby amended by adding thereto the provisions set forth as sections 37 and 38 of this act.

      Sec. 37.  1.  An applicant for a permit, license or other authorization to use state land or state facilities for a recreational purpose shall, if the permit, license or other authorization does not expire less than 6 months after it is issued, submit to the state land registrar the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

      2.  The state land registrar shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the state land registrar.

      3.  A permit, license or other authorization to use state land or state facilities for a recreational purpose that does not expire less than 6 months after it is issued may not be issued by the state land registrar if the applicant:

 


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ê1997 Statutes of Nevada, Page 2046 (Chapter 483, SB 356)ê

 

after it is issued may not be issued by the state land registrar if the applicant:

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

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

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

      Sec. 38.  1.  If the state land registrar receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a permit, license or other authorization to use state land or state facilities for a recreational purpose, the state land registrar shall, if the permit does not expire less than 6 months after it is issued, deem the permit, license or other authorization issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the state land registrar receives a letter issued to the holder of the permit, license or other authorization by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the permit, license or other authorization has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The state land registrar shall reinstate a permit, license or other authorization to use state land or state facilities for a recreational purpose that has been suspended by a district court pursuant to section 3.4 of this act if the state land registrar receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose permit, license or other authorization was suspended stating that the person whose permit, license or other authorization was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 39.  NRS 322.170 is hereby amended to read as follows:

      322.170  The state land registrar shall adopt such regulations as are necessary to carry out the provisions of NRS 322.100 to 322.160, inclusive, [and] section 1 of [this act.] Assembly Bill No. 594 of this session, and sections 37 and 38 of this act.

      Sec. 40.  Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 41, 42 and 43 of this act.

      Sec. 41.  1.  An applicant for the issuance of a certificate as an appraiser shall submit to the department the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2047 (Chapter 483, SB 356)ê

 

welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the department.

      3.  A certificate as an appraiser may not be issued by the department if the applicant:

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

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

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

      Sec. 42.  1.  If the department receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate as an appraiser, the department shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the department receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The department shall reinstate a certificate as an appraiser that has been suspended by a district court pursuant to section 3.4 of this act if the department receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 43.  An application for the issuance of a certificate as an appraiser must include the social security number of the applicant.

      Sec. 44.  (Deleted by amendment.)

      Sec. 45.  Chapter 379 of NRS is hereby amended by adding thereto the provisions set forth as sections 46 and 47 of this act.

      Sec. 46.  1.  An applicant for the issuance or renewal of certification shall submit to the state librarian the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act.


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ê1997 Statutes of Nevada, Page 2048 (Chapter 483, SB 356)ê

 

division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the state librarian.

      3.  A certificate may not be issued or renewed by the state librarian if the applicant:

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

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

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

      Sec. 47.  1.  If the state librarian receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified by the state librarian, the state librarian shall deem that person’s certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the state librarian receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person who has been certified by the state librarian stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The state librarian shall reinstate the certification of a person that has been suspended by a district court pursuant to section 3.4 of this act if the state librarian receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 48.  NRS 379.0077 is hereby amended to read as follows:

      379.0077  1.  An application for certification by the state librarian must include the social security number of the applicant.

      2.  Every applicant for certification by the state library and archives administrator shall submit with his application a complete set of his fingerprints and written permission authorizing the state library and archives administrator to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2049 (Chapter 483, SB 356)ê

 

Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report. The state library and archives administrator may issue a provisional certificate pending receipt of the report if he determines that the applicant is otherwise qualified.

      Sec. 49.  Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 50 and 51 of this act.

      Sec. 50.  1.  An applicant for the issuance or renewal of a license issued pursuant to this chapter shall submit to the superintendent of public instruction the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commission.

      3.  A license may not be issued or renewed by the superintendent of public instruction pursuant to this chapter if the applicant:

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

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

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

      Sec. 51.  1.  If the state board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to this chapter, the state board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the state board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The state board shall reinstate a license issued pursuant to this chapter that has been suspended by a district court pursuant to section 3.4 of this act if the state board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2050 (Chapter 483, SB 356)ê

 

suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 52.  NRS 391.033 is hereby amended to read as follows:

      391.033  1.  All licenses for teachers and other educational personnel are granted by the superintendent of public instruction pursuant to regulations adopted by the commission and as otherwise provided by law.

      2.  An application for the issuance of a license must include the social security number of the applicant.

      3.  Every applicant for a license must submit with his application a complete set of his fingerprints and written permission authorizing the superintendent to forward the fingerprints to the Federal Bureau of Investigation and to the central repository for Nevada records of criminal history for their reports on the criminal history of the applicant.

      4.  The superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the central repository for Nevada records of criminal history if he determines that the applicant is otherwise qualified.

      [3.]5.  A license must be issued to an applicant if [the] :

      (a) The superintendent determines that the applicant is qualified [and:

      (a)] ;

      (b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the central repository for Nevada records of criminal history [do] :

             (1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or

      [(b) The superintendent determines, in his discretion, that any conviction indicated in the reports on the criminal history of the applicant is]

             (2) Indicate that the applicant has been convicted of a felony or an offense involving moral turpitude but the superintendent determines that the conviction is unrelated to the position within the county school district for which the applicant applied [.] ; and

      (c) The applicant submits the statement required pursuant to section 50 of this act.

      Sec. 53.  Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 54 to 57, inclusive, of this act.

      Sec. 54.  1.  An applicant for the issuance or renewal of an agent’s permit shall submit to the superintendent the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

      (a) The application or any other forms that must be submitted for the issuance or renewal of the agent’s permit; or

      (b) A separate form prescribed by the superintendent.

      3.  An agent’s permit may not be issued or renewed by the superintendent if the applicant:

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

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2051 (Chapter 483, SB 356)ê

 

with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

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

      Sec. 55.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of an agent’s permit, the board shall deem the permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the permit by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate an agent’s permit that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose permit was suspended stating that the person whose permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 56.  1.  An applicant for the issuance or renewal of an agent’s permit shall submit to the administrator the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

      (a) The application or any other forms that must be submitted for the issuance or renewal of the agent’s permit; or

      (b) A separate form prescribed by the administrator.

      3.  An agent’s permit may not be issued or renewed by the administrator if the applicant:

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

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

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2052 (Chapter 483, SB 356)ê

 

amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 57.  1.  If the administrator receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of an agent’s permit, the administrator shall deem the permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the administrator receives a letter issued to the holder of the permit by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The administrator shall reinstate an agent’s permit that has been suspended by a district court pursuant to section 3.4 of this act if the administrator receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose permit was suspended stating that the person whose permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 58.  NRS 394.201 is hereby amended to read as follows:

      394.201  NRS 394.201 to 394.351, inclusive, and sections 54 and 55 of this act may be cited as the Private Elementary and Secondary Education Authorization Act.

      Sec. 59.  NRS 394.261 is hereby amended to read as follows:

      394.261  1.  Each person desiring to solicit or perform the services of an agent in this state must apply to the superintendent upon forms provided by the department. The application must include the social security number of the applicant, be accompanied by evidence of the good reputation and character of the applicant, in a form prescribed by the superintendent, and state the institution which the applicant intends to represent. An agent representing more than one institution must obtain a separate agent’s permit for each institution represented, except that [when] if an agent represents institutions having a common ownership , only one agent’s permit is required with respect to the institutions. If any institution which the applicant intends to represent does not have a license to operate in this state, the application must be accompanied by the information required [of institutions making application] from an institution that is applying for a license. The application for an agent’s permit must also be accompanied by evidence of the required surety bond or certificate of deposit and payment of the fees required by law.

      2.  After a review of the application and any further information submitted by the applicant as required by regulations of the board, and any investigation of the applicant which the board or superintendent considers appropriate, the board shall grant or deny an agent’s permit to the applicant.

      3.  The agent’s permit must state in a clear and conspicuous manner at least the following information:


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ê1997 Statutes of Nevada, Page 2053 (Chapter 483, SB 356)ê

 

      (a) The date of issuance, effective date and term of the permit.

      (b) The correct name and address of the agent.

      (c) The institutions which the agent is authorized to represent.

      4.  An agent’s permit must not be issued for a term of more than 1 year.

      5.  At least 30 days before the expiration of an agent’s permit, the agent must complete and file with the superintendent an application for renewal of the permit. The renewal application must be reviewed and acted upon as provided in this section.

      Sec. 60.  NRS 394.411 is hereby amended to read as follows:

      394.411  1.  The commission shall adopt regulations governing the administration of NRS 394.383 to 394.560, inclusive, and sections 56 and 57 of this act, and may adopt such other regulations as are proper or necessary for the execution of the powers and duties conferred upon it by law.

      2.  The administrator shall execute, direct or supervise all administrative, technical and procedural activities for which he is responsible in accordance with the policies and regulations of the commission and subject to the commission’s direction and control.

      Sec. 61.  NRS 394.470 is hereby amended to read as follows:

      394.470  1.  Each person desiring to solicit or perform the services of an agent in this state must apply to the administrator upon forms provided by the administrator. The application must:

      (a) Be accompanied by evidence of the good reputation and character of the applicant;

      (b) Be in a form prescribed by the administrator;

      (c) Include a copy of the application for an investigation of the applicant’s background by the sheriff; [and]

      (d) Include the social security number of the applicant; and

      (e) State the name of the institution the applicant intends to represent.

      2.  An agent representing more than one institution must obtain a separate agent’s permit for each institution represented, except that if an agent represents institutions having a common ownership, only one agent’s permit is required with respect to the institutions.

      3.  If any institution the applicant intends to represent does not have a license to operate in this state, the application must be accompanied by:

      (a) The information required [of] from institutions applying for a license;

      (b) Evidence that the institution meets the criteria established for licensed institutions;

      (c) Evidence of compliance with NRS 394.480 and the payment of the fees required by law; and

      (d) Evidence that the institution is accredited.

      4.  After a review of the application and other information submitted by the applicant, as required by regulation of the commission, and any investigation of the applicant the administrator considers appropriate, the administrator shall grant or deny an agent’s permit to the applicant.

      5.  The agent’s permit must state in a clear and conspicuous manner at least the following information:

      (a) The date of issuance, effective date and term of the permit.

      (b) The correct name and address of the agent.


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ê1997 Statutes of Nevada, Page 2054 (Chapter 483, SB 356)ê

 

      (c) The names of the institutions the agent is authorized to represent.

      6.  An agent’s permit must not be issued for a term of more than 1 year.

      7.  At least 30 days before the expiration of an agent’s permit, the agent must complete and file with the administrator an application for renewal of the permit. The administrator shall review and act upon the renewal application as provided in this section for an original application.

      Sec. 62.  Chapter 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 63, 64 and 65 of this act.

      Sec. 63.  1.  An applicant for the issuance or renewal of a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles issued pursuant to NRS 445B.775 shall submit to the department of motor vehicles and public safety the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

      2.  The department of motor vehicles and public safety shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the department of motor vehicles and public safety.

      3.  A license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles may not be issued or renewed by the department of motor vehicles and public safety if the applicant:

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

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

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

      Sec. 64.  1.  If the department of motor vehicles and public safety receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles, the department of motor vehicles and public safety shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the department of motor vehicles and public safety receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2055 (Chapter 483, SB 356)ê

 

with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The department of motor vehicles and public safety shall reinstate a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles that has been suspended by a district court pursuant to section 3.4 of this act if the department of motor vehicles and public safety receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 65.  An application for the issuance of a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles issued pursuant to NRS 445B.775 must include the social security number of the applicant.

      Sec. 66.  NRS 445B.700 is hereby amended to read as follows:

      445B.700  As used in NRS 445B.700 to 445B.845, inclusive, and sections 63, 64 and 65 of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.758, inclusive, have the meanings ascribed to them in those sections.

      Sec. 67.  Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 68, 69 and 70 of this act.

      Sec. 68.  1.  An applicant for the issuance or renewal of a license as an attendant or fireman employed by a fire-fighting agency or an emergency medical technician certificate shall submit to the health authority the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the health authority.

      3.  A license or certificate described in subsection 1 may not be issued or renewed by the health authority if the applicant:

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

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

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2056 (Chapter 483, SB 356)ê

 

      Sec. 69.  1.  If the health authority receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as an attendant or fireman employed by a fire-fighting agency or an emergency medical technician certificate, the health authority shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the health authority receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The health authority shall reinstate a license as an attendant or fireman employed by a fire-fighting agency or an emergency medical technician certificate that has been suspended by a district court pursuant to section 3.4 of this act if:

      (a) The health authority receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act; and

      (b) The person whose license or certificate was suspended pays any fees imposed by the health authority for the reinstatement of a suspended license or certificate.

      Sec. 70.  An application for the issuance or renewal of a license as an attendant or fireman employed by a fire-fighting agency or an emergency medical technician certificate must include the social security number of the applicant.

      Sec. 71.  NRS 450B.180 is hereby amended to read as follows:

      450B.180  1.  Any person desiring certification as an emergency medical technician must apply to the health authority using forms prescribed by the health authority.

      2.  The health authority, pursuant to regulations and procedures adopted by the board, shall make a determination of the applicant’s qualifications to be certified as an emergency medical technician, and shall issue a certificate as an emergency medical technician to each qualified applicant.

      3.  A certificate as an emergency medical technician is valid for a period not exceeding 2 years and may be renewed if the holder of the certificate complies with the provisions of this chapter and meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter.

      4.  The health authority may suspend or revoke the certificate of an emergency medical technician if it finds that the holder of the certificate no longer meets the prescribed qualifications. [The] Unless the certificate is suspended by the district court pursuant to section 3.4 of this act, the holder of the certificate may appeal the suspension or revocation of his certificate pursuant to regulations adopted by the board.


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ê1997 Statutes of Nevada, Page 2057 (Chapter 483, SB 356)ê

 

      5.  The board shall determine the procedures and techniques which may be performed by an emergency medical technician.

      6.  A certificate issued pursuant to this section is valid throughout the state, whether issued by the health division or a county or district board of health.

      7.  The health division shall maintain a central registry of all certificates issued pursuant to this section, whether issued by the health division or a county or district board of health.

      8.  The board shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 72.  Chapter 457 of NRS is hereby amended by adding thereto the provisions set forth as sections 73 and 74 of this act.

      Sec. 73.  1.  An applicant for the issuance or renewal of a certificate of authorization to operate a radiation machine for mammography shall submit to the health division the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the health division.

      3.  A certificate of authorization to operate a radiation machine for mammography may not be issued or renewed by the health division if the applicant:

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

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

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

      Sec. 74.  1.  If the health division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of authorization to operate a radiation machine for mammography, the health division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the health division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2058 (Chapter 483, SB 356)ê

 

that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The health division shall reinstate a certificate of authorization to operate a radiation machine for mammography that has been suspended by a district court pursuant to section 3.4 of this act if the health division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 75.  NRS 457.182 is hereby amended to read as follows:

      457.182  As used in NRS 457.182 to 457.187, inclusive, and sections 73 and 74 of this act, unless the context otherwise requires:

      1.  “Mammography” means radiography of the breast to enable a physician to determine the presence, size, location and extent of cancerous or potentially cancerous tissue in the breast.

      2.  “Radiation” means radiant energy which exceeds normal background levels and which is used in radiography.

      3.  “Radiography” means the making of a film or other record of an internal structure of the body by passing X-rays or gamma rays through the body to act on film or other receptor of images.

      Sec. 76.  NRS 457.183 is hereby amended to read as follows:

      457.183  1.  A person shall not operate a radiation machine for mammography unless he:

      (a) Has a [valid] certificate of authorization to operate a radiation machine issued by the health division; or

      (b) Is licensed pursuant to chapter 630 or 633 of NRS.

      2.  To obtain a certificate of authorization to operate a radiation machine for mammography, a person must:

      (a) Submit an application to the health division on a form provided by the health division and provide any additional information required by the health division;

      (b) Be certified by the American Registry of Radiologic Technologists or meet the standards established by the health division pursuant to subsection 1 of NRS 457.065;

      (c) Pass an examination if the health division determines that an examination for certification is necessary to protect the health and safety of the residents of this state; [and]

      (d) Submit the statement required pursuant to section 73 of this act; and

      (e) Pay the fee required by the health division , which must be calculated to cover the administrative costs directly related to the process of issuing the certificates.

      3.  An application for the issuance of a certificate of authorization to operate a radiation machine for mammography must include the social security number of the applicant.

      4.  The health division shall certify a person to operate a radiation machine for mammography if the person complies with the provisions of subsection 2 and meets the standards adopted pursuant to subsection 1 of NRS 457.065.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2059 (Chapter 483, SB 356)ê

 

      [4.]5.  A certificate of authorization to operate a radiation machine for mammography expires 3 years after the date on which it was issued unless it is renewed before that date. The health division shall require continuing education as a prerequisite to the renewal of a certificate and shall charge a fee for renewal that is calculated to cover the administrative costs directly related to the renewal of a certificate.

      [5.]6.  A person who is certified to operate a radiation machine for mammography pursuant to this section shall not operate such a machine without a valid certificate of authorization issued pursuant to NRS 457.184 for the machine.

      Sec. 77.  NRS 457.185 is hereby amended to read as follows:

      457.185  1.  The health division shall grant or deny an application for a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography within 4 months after receipt of a complete application.

      2.  The health division shall withdraw the certificate of authorization to operate a radiation machine for mammography if it finds that the person violated the provisions of subsection [5] 6 of NRS 457.183.

      3.  The health division shall deny or withdraw the certificate of authorization of a radiation machine for mammography if it finds that the owner, lessee or other responsible person violated the provisions of subsection 1 of NRS 457.184.

      4.  If a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography is withdrawn, a person must apply for the certificate in the manner provided for an initial certificate.

      Sec. 77.2.  Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 77.4, 77.6 and 77.8 of this act.

      Sec. 77.4.  1.  An applicant for the issuance or renewal of his certification as personnel of an alcohol or drug abuse program or a facility shall submit to the bureau the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the bureau.

      3.  The certification of a person as personnel of an alcohol or drug abuse program or a facility may not be issued or renewed by the bureau if the applicant:

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

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2060 (Chapter 483, SB 356)ê

 

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

      Sec. 77.6.  1.  If the bureau receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as personnel of an alcohol and drug abuse program or a facility, the bureau shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the bureau receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The bureau shall reinstate the certification of a person as personnel of an alcohol and drug abuse program or a facility that has been suspended by a district court pursuant to section 3.4 of this act if the bureau receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 77.8.  An application for the certification of personnel of an alcohol and drug abuse program or a facility must include the social security number of the applicant.

      Sec. 78.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 79 to 87, inclusive, of this act.

      Sec. 79.  1.  An applicant for the issuance or renewal of a work permit as a gaming employee or independent agent shall submit to the agency issuing work permits pursuant to NRS 463.335 the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the issuing agency.

      3.  A work permit may not be issued or renewed by the issuing agency if the applicant:

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

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2061 (Chapter 483, SB 356)ê

 

with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

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

      Sec. 80.  1.  If an agency that issues work permits pursuant to NRS 463.335 receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a work permit as a gaming employee or independent agent issued by the agency, the agency shall deem the work permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the agency receives a letter issued to the holder of the work permit by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the work permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  An agency that issues work permits pursuant to NRS 463.335 shall reinstate a work permit that has been suspended by a district court pursuant to section 3.4 of this act if the agency receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose work permit was suspended stating that the person whose work permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 81.  An application for the issuance of a work permit as a gaming employee or independent agent must include the social security number of the applicant.

      Sec. 82.  1.  A natural person who applies for the issuance or renewal of a license issued pursuant to NRS 463.430 to 463.480, inclusive, shall submit to the commission the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commission.

      3.  A license may not be issued or renewed by the commission pursuant to NRS 463.430 to 463.480, inclusive, if the applicant is a natural person who:

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2062 (Chapter 483, SB 356)ê

 

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

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

      Sec. 83.  1.  If the commission receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to NRS 463.430 to 463.480, inclusive, the commission shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commission receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commission shall reinstate a license issued pursuant to NRS 463.430 to 463.480, inclusive, that has been suspended by a district court pursuant to section 3.4 of this act if the commission receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 84.  The application of a natural person who applies for the issuance of a license issued pursuant to NRS 463.430 to 463.480, inclusive, must include the social security number of the applicant.

      Sec. 85.  1.  A natural person who applies for the issuance or renewal of a license as a manufacturer, distributor or seller of gaming devices shall submit to the commission the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commission.

      3.  A license as a manufacturer, distributor or seller of gaming devices may not be issued or renewed by the commission if the applicant is a natural person who:

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2063 (Chapter 483, SB 356)ê

 

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

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

      Sec. 86.  1.  If the commission receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a manufacturer, distributor or seller of gaming devices, the commission shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commission receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commission shall reinstate a license as a manufacturer, distributor or seller of gaming devices that has been suspended by a district court pursuant to section 3.4 of this act if the commission receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 87.  The application of a natural person who applies for the issuance of a license as a manufacturer, distributor or seller of gaming devices must include the social security number of the applicant.

      Sec. 88.  NRS 463.430 is hereby amended to read as follows:

      463.430  1.  It is unlawful for any person in this state to receive, supply or disseminate in this state by any means information received from any source outside of this state concerning racing, when the information is to be used to maintain and operate any gambling game and particularly any race book, except off-track pari-mutuel wagering for which the user is licensed pursuant to chapter 464 of NRS, without first having obtained a license so to do as provided in NRS 463.430 to 463.480, inclusive [.] , and sections 82, 83 and 84 of this act.

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

      (a) Any person who provides a televised broadcast which is presented without charge to any person who receives the broadcast.

      (b) Any licensee who has been issued a gaming license and receives from or supplies to any affiliated licensee, by means of a computerized system for bookmaking used by the licensee and the affiliated licensee, information concerning racing.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2064 (Chapter 483, SB 356)ê

 

bookmaking used by the licensee and the affiliated licensee, information concerning racing.

      3.  For the purposes of this section:

      (a) Any broadcasting or display of information concerning racing held at a track which uses the pari-mutuel system of wagering is an incident of maintaining and operating a race book.

      (b) “Affiliated licensee” means any person to whom a valid gaming license or pari-mutuel wagering license has been issued that directly, or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, a licensee.

      Sec. 89.  Chapter 466 of NRS is hereby amended by adding thereto the provisions set forth as sections 90, 91 and 92 of this act.

      Sec. 90.  1.  An applicant for the issuance or renewal of a license issued pursuant to NRS 466.170 shall submit to the commission the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commission.

      3.  A license may not be issued or renewed by the commission pursuant to NRS 466.170 if the applicant:

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

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

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

      Sec. 91.  1.  If the commission receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to NRS 466.170, the commission shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commission receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2065 (Chapter 483, SB 356)ê

 

      2.  The commission shall reinstate a license issued pursuant to NRS 466.170 that has been suspended by a district court pursuant to section 3.4 of this act if the commission receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 92.  An application for a license issued pursuant to NRS 466.170 must include the social security number of the applicant.

      Sec. 93.  Chapter 467 of NRS is hereby amended by adding thereto the provisions set forth as sections 94, 95 and 96 of this act.

      Sec. 94.  1.  An applicant for the issuance or renewal of a license issued pursuant to NRS 467.100 shall submit to the commission the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commission.

      3.  A license may not be issued or renewed by the commission pursuant to NRS 467.100 if the applicant:

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

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

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

      Sec. 95.  1.  If the commission receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to NRS 467.100, the commission shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commission receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2066 (Chapter 483, SB 356)ê

 

      2.  The commission shall reinstate a license issued pursuant to NRS 467.100 that has been suspended by a district court pursuant to section 3.4 of this act if the commission receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 96.  An application for a license issued pursuant to NRS 467.100 must include the social security number of the applicant.

      Sec. 97.  Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 98, 99 and 100 of this act.

      Sec. 98.  1.  An applicant for certification as a peace officer shall submit to the peace officers’ standards and training committee the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the committee.

      3.  An applicant may not be certified by the committee if the applicant for certification:

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

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

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

      Sec. 99.  1.  If the peace officers’ standards and training committee receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a peace officer, the committee shall deem the person’s certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the committee receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2067 (Chapter 483, SB 356)ê

 

      2.  The peace officers’ standards and training committee shall reinstate a certification as a peace officer that has been suspended by a district court pursuant to section 3.4 of this act if the committee receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 100.  An application for certification as a peace officer must include the social security number of the applicant.

      Sec. 101.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 102 to 105, inclusive, of this act.

      Sec. 102.  1.  An applicant for the issuance or renewal of a license as a vehicle transporter shall submit to the department the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the department.

      3.  A license as a vehicle transporter may not be issued or renewed by the department if the applicant:

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

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

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

      Sec. 103.  1.  If the department receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a vehicle transporter, the department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the department receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2068 (Chapter 483, SB 356)ê

 

      2.  The department shall reinstate a license as a vehicle transporter that has been suspended by a district court pursuant to section 3.4 of this act if the department receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 104.  1.  A natural person who applies for the issuance or renewal of a license issued pursuant to the provisions of NRS 482.318 to 482.363105, inclusive, shall submit to the department the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the department.

      3.  A license may not be issued or renewed by the department pursuant to the provisions of NRS 482.318 to 482.363105, inclusive, if the applicant is a natural person who:

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

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

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

      Sec. 105.  1.  If the department receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to NRS 482.318 to 482.363105, inclusive, the department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the department receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The department shall reinstate a license issued pursuant to NRS 482.318 to 482.363105, inclusive, that has been suspended by a district court pursuant to section 3.4 of this act if the department receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2069 (Chapter 483, SB 356)ê

 

court pursuant to section 3.4 of this act if the department receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 106.  NRS 482.316 is hereby amended to read as follows:

      482.316  The purpose of licensing vehicle transporters is to protect the public health and safety and the general welfare of the people of this state. Any license issued pursuant to NRS 482.316 to 482.3175, inclusive, and sections 102 and 103 of this act is a revocable privilege and a holder of such a license does not acquire thereby any vested right.

      Sec. 107.  NRS 482.3161 is hereby amended to read as follows:

      482.3161  1.  A person shall not operate as a vehicle transporter in this state without a license issued by the department.

      2.  The provisions of NRS 482.316 to 482.3175, inclusive, and sections 102 and 103 of this act do not apply to a manufacturer, distributor, dealer, broker or rebuilder licensed pursuant to the provisions of NRS 482.318 to 482.363, inclusive [.] , and sections 104 and 105 of this act.

      Sec. 108.  NRS 482.3163 is hereby amended to read as follows:

      482.3163  1.  An application for a license as a vehicle transporter must be accompanied by a fee of $100 , [and] be submitted on forms supplied by the department [.] and include the social security number of the applicant. The forms must designate the persons whose names are required to appear [thereon.] on the forms. An additional fee for the processing of fingerprints must be submitted for each applicant for initial licensure. The department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the central repository for Nevada records of criminal history and the Federal Bureau of Investigation for processing the fingerprints.

      2.  The application for a license as a vehicle transporter must contain:

      (a) The applicant’s name and address; and

      (b) Such other information as the department requires.

      3.  Each applicant for initial licensure shall submit with his application [a] :

      (a) A complete set of his fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report [.

      3.] ; and

      (b) If the applicant is a natural person, the statement required pursuant to section 102 of this act.

      4.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license as a vehicle transporter.

      [4.]5.  A license issued pursuant to this section expires on December 31 of each year. Before December 31 of each year, a licensee must submit to the department, on forms supplied by the department and in the manner specified by the department, an application for renewal accompanied by an annual fee for renewal of $50. If the applicant is a natural person, the application also must be accompanied by the statement required pursuant to section 102 of this act.


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ê1997 Statutes of Nevada, Page 2070 (Chapter 483, SB 356)ê

 

application also must be accompanied by the statement required pursuant to section 102 of this act.

      Sec. 109.  NRS 482.325 is hereby amended to read as follows:

      482.325  1.  [Applications] An application for a manufacturer’s, distributor’s, dealer’s or rebuilder’s license must be filed upon forms supplied by the department [.] and include the social security number of the applicant. The forms must designate the persons whose names are required to appear thereon. The applicant shall furnish:

      (a) Such proof as the department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.

      (b) A fee of $125.

      (c) A fee for the processing of fingerprints. The department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the central repository for Nevada records of criminal history and the Federal Bureau of Investigation for processing the fingerprints.

      (d) For initial licensure, a complete set of his fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report.

      (e) If the applicant is a natural person, the statement required pursuant to section 104 of this act.

      (f) A certificate of insurance for automobile liability.

      2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a dealer’s, manufacturer’s, distributor’s or rebuilder’s license [certificate] containing the [latter’s] name of the licensee and the address of his established place of business or the address of the main office of a manufacturer without an established place of business in this state.

      3.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the department with an application for renewal of his license accompanied by an annual fee of $50. If the applicant is a natural person, the application for renewal also must be accompanied by the statement required pursuant to section 104 of this act. The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the department and contain information required by the department.

      Sec. 110.  NRS 482.333 is hereby amended to read as follows:

      482.333  1.  A person shall not engage in the activity of a broker of vehicles in this state without first having received a license from the department. Before issuing a license to a broker, the department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant desires to be licensed as a broker, his residential address , his social security number and the address of his principal place of business;


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ê1997 Statutes of Nevada, Page 2071 (Chapter 483, SB 356)ê

 

      (b) A statement as to whether any previous application of the applicant for a license as a vehicle dealer or broker has been denied or whether such a license has been suspended or revoked;

      (c) Payment of a nonrefundable license fee of $125;

      (d) For initial licensure, the submission of a complete set of the applicant’s fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

      (e) Any other information the department deems necessary.

A license issued pursuant to this section expires on December 31 of the year in which it was issued and may be renewed annually upon the payment of a fee of $50.

      2.  An application for a broker’s license may be denied and a broker’s license may be suspended or revoked upon the following grounds:

      (a) Conviction of a felony;

      (b) Conviction of a gross misdemeanor;

      (c) Conviction of a misdemeanor for violation of any of the provisions of this chapter;

      (d) Falsification of the application;

      (e) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6; or

      (f) Any other reason determined by the director to be in the best interests of the public.

      3.  If an application for a broker’s license has been denied, the applicant may not reapply sooner than 6 months after the denial.

      4.  A broker’s license must be posted in a conspicuous place on the premises of the broker’s principal place of business.

      5.  If any information submitted in the application for a broker’s license changes, the broker shall submit a written notice of the change to the department within 10 days [.] after the change occurs.

      6.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activity of a broker of vehicles, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 482.333 to 482.334, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      7.  Except as otherwise provided in NRS 482.555, any person who fails to comply with the provisions of this section is guilty of a misdemeanor.

      Sec. 111.  (Deleted by amendment.)


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ê1997 Statutes of Nevada, Page 2072 (Chapter 483, SB 356)ê

 

      Sec. 112.  NRS 482.362 is hereby amended to read as follows:

      482.362  1.  A person shall not engage in the activity of a salesman of vehicles, trailers or semitrailers in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, his social security number and the name and address of his employer.

      (b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.

      (c) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (d) Payment of a nonrefundable license fee of $75. The license expires on December 31 of each calendar year and may be renewed annually upon the payment of a fee of $40.

      (e) For initial licensure, the applicant to submit a complete set of his fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report.

      (f) Any other information the department deems necessary.

      2.  The department may issue a 60-day temporary license to an applicant who has submitted an application and paid the required fee.

      3.  A license to act as a salesman of vehicles, trailers or semitrailers issued pursuant to this chapter does not permit a person to engage in the business of selling mobile homes.

      4.  An application for a salesman’s license may be denied and a salesman’s license may be suspended or revoked upon the following grounds:

      (a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.

      (b) Conviction of a felony.

      (c) Conviction of a gross misdemeanor.

      (d) Conviction of a misdemeanor for violation of any of the provisions of this chapter.

      (e) Falsification of the application.

      (f) Any reason determined by the director to be in the best interests of the public.

      5.  A salesman of vehicles shall not engage in any sales activity other than for the account of or for and in behalf of a single employer, who must be a licensed dealer, lessor or rebuilder.

      6.  If an application for a salesman’s license has been denied, the applicant may reapply not less than 6 months after the denial.

      7.  A salesman’s license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom the salesman is licensed to sell vehicles.

      8.  If a salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his license to act as a salesman is automatically suspended and his right to act as a salesman thereupon immediately ceases, and he shall not engage in the activity of a salesman until he has paid the department a transfer fee of $20 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary license or a new salesman’s license to his employer.


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ê1997 Statutes of Nevada, Page 2073 (Chapter 483, SB 356)ê

 

suspended and his right to act as a salesman thereupon immediately ceases, and he shall not engage in the activity of a salesman until he has paid the department a transfer fee of $20 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary license or a new salesman’s license to his employer.

      9.  If a licensed salesman changes his residential address, he shall submit a written notice of the change to the department within 10 days [.] after the change occurs.

      10.  A licensed dealer, lessor or rebuilder who employs a licensed salesman shall notify the department of the termination of his employment within 10 days following the date of termination by forwarding the salesman’s license to the department.

      11.  Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.

      Sec. 113.  NRS 482.363 is hereby amended to read as follows:

      482.363  1.  Any person, other than an owner of a vehicle who leases it to a carrier and operates the vehicle pursuant to that lease, or a new or used vehicle dealer, licensed under the provisions of NRS 482.325, who engages in the leasing of vehicles in this state as a long-term or short-term lessor, shall:

      (a) Secure a license from the department to conduct the leasing business;

      (b) Post a bond;

      (c) Furnish the department with any other information as may be required;

      (d) Comply with the terms and conditions of this chapter which apply to vehicle dealers; [and]

      (e) If the applicant is a natural person, submit the statement required pursuant to section 104 of this act; and

      (f) Pay a fee of $125.

      2.  Any person employed by a long-term lessor licensed under the provisions of subsection 1 who engages in the practice of arranging or selling such services, and any person employed by a short-term lessor who sells, offers or displays for sale or exchange vehicles which are owned by [such] the short-term lessor shall, before commencing operations, and annually thereafter:

      (a) Secure from the department a license to act as a salesman of such services; and

      (b) Comply with the terms and conditions which apply to salesmen of vehicles as specified in NRS 482.362.

      3.  An application for the issuance of a license pursuant to this section must include the social security number of the applicant.

      4.  Licenses issued pursuant to subsection 1 expire on December 31 of each year. Before December 31 of each year, licensees shall furnish the department with an application for renewal of the license accompanied by an annual fee of $50. If the applicant is a natural person, the application for renewal also must be accompanied by the statement required pursuant to section 104 of this act. The renewal application must be provided by the department and must contain information required by the department.


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ê1997 Statutes of Nevada, Page 2074 (Chapter 483, SB 356)ê

 

      [4.]5.  The provisions of NRS 482.352, relating to the denial, revocation or suspension of licenses, apply to licenses issued pursuant to the provisions of subsection 1. The provisions of NRS 482.362, relating to the denial, revocation, suspension and transfer of vehicle salesmen’s licenses, apply to licenses issued pursuant to the provisions of subsection 2.

      [5.]6.  As used in this section, “carrier” has the meaning ascribed to it in section 3 of [this act.] Assembly Bill No. 133 of this session.

      Sec. 114.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 115 to 118, inclusive, of this act.

      Sec. 115.  1.  An applicant for the issuance or renewal of a driver’s license shall submit to the department the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the department.

      3.  A driver’s license may not be issued or renewed by the department if the applicant:

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

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

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

      Sec. 116.  1.  An applicant for the issuance or renewal of a license as an instructor for a school for training drivers shall submit to the department the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the department.

      3.  A license as an instructor for a school for training drivers may not be issued or renewed by the department if the applicant:

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

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


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ê1997 Statutes of Nevada, Page 2075 (Chapter 483, SB 356)ê

 

with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

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

      Sec. 117.  1.  If the department receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as an instructor for a school for training drivers, the department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the department receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The department shall reinstate a license as an instructor for a school for training drivers that has been suspended by a district court pursuant to section 3.4 of this act if the department receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 118.  An application for the issuance of a license as an instructor for a school for training drivers must include the social security number of the applicant.

      Sec. 119.  NRS 483.380 is hereby amended to read as follows:

      483.380  1.  Except as otherwise provided in section 5 of [this act,] Senate Bill No. 355 of this session, every driver’s license expires on the fourth anniversary of the licensee’s birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year is, for the purposes of NRS 483.010 to 483.630, inclusive, considered to have the anniversary of his birth fall on February 28.

      2.  Every license is renewable at any time before its expiration upon application , submission of the statement required pursuant to section 115 of this act and payment of the required fee.

      3.  The department may, by regulation, defer the expiration of the driver’s license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe. The department may similarly defer the expiration of the license of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.


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ê1997 Statutes of Nevada, Page 2076 (Chapter 483, SB 356)ê

 

similarly defer the expiration of the license of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.

      Sec. 120.  NRS 483.443 is hereby amended to read as follows:

      483.443  1.  The department shall, upon receiving notification from a district attorney or other public agency collecting support for children pursuant to NRS 425.3837 that a court has determined that a person [is] :

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to establish paternity or to establish or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of [a child pursuant to NRS 425.3837,] one or more children,

send a written notice to that person that his driver’s license is subject to suspension.

      2.  The notice must include:

      (a) The reason for the suspension of the license;

      (b) The information set forth in subsections 2, [4 and 5;] 5 and 6; and

      (c) Any other information the department deems necessary.

      [2.]3.  If a person who receives a notice pursuant to subsection 1 does not , within 30 days after he receives the notice, comply with the subpoena or warrant or satisfy the arrearage as required in NRS 425.3837 , [within 30 days after he receives the notice,] the department shall suspend his license [.

      3.]without providing him with an opportunity for a hearing.

      4.  The department shall suspend immediately the license of a defendant if so ordered pursuant to section 1 of [this act.

      4.]Senate Bill No. 29 of this session.

      5.  The department shall reinstate the driver’s license of a person whose license was suspended pursuant to this section if it receives:

      (a) A notice from the district attorney or other public agency pursuant to NRS 425.3837 that the person has complied with the subpoena or warrant or has satisfied the [arrearages] arrearage pursuant to that section or from a district judge that a delinquency for which the suspension was ordered pursuant to section 1 of [this act] Senate Bill No. 29 of this session has been discharged; and

      (b) Payment of the fee for reinstatement of a suspended license prescribed in NRS 483.410.

      [5.]6.  The department shall not require a person whose driver’s license was suspended pursuant to this section to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of the reinstatement of his license.

      Sec. 121.  NRS 483.700 is hereby amended to read as follows:

      483.700  No person may operate a school for training drivers, or engage in the business of giving instruction for hire in driving motor vehicles or in the preparation of an applicant for an examination given by the department for a driver’s license, unless he has secured a license therefor from the department as provided in NRS 483.700 to 483.780, inclusive [.] , and sections 116, 117 and 118 of this act.


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ê1997 Statutes of Nevada, Page 2077 (Chapter 483, SB 356)ê

 

      Sec. 122.  NRS 483.730 is hereby amended to read as follows:

      483.730  1.  The department shall issue a license to operate a school for training drivers or to act as an instructor for such a school, if it is satisfied that the applicant has met the qualifications required by NRS 483.700 to 483.780, inclusive [.] , and sections 116, 117 and 118 of this act.

      2.  The license is valid for 2 years after the date of issuance, unless canceled, suspended or revoked by the department and may be renewed subject to the same conditions as the original license.

      Sec. 123.  Chapter 486 of NRS is hereby amended by adding thereto the provisions set forth as sections 124 and 125 of this act.

      Sec. 124.  1.  An applicant for the issuance or renewal of a motorcycle driver’s license shall submit to the department the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the department.

      3.  A motorcycle driver’s license may not be issued or renewed by the department if the applicant:

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

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

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

      Sec. 125.  1.  The department shall, upon receiving notification from a district attorney or other public agency collecting support for children pursuant to NRS 425.3837 that a court has determined that a person who has been issued a motorcycle driver’s license:

      (a) Has failed to comply with a subpoena or warrant relating to a proceeding to establish paternity or to establish or enforce an obligation for the support of a child; or

      (b) Is in arrears in the payment for the support of one or more children,

send a written notice to that person that his motorcycle driver’s license is subject to suspension.

      2.  The notice must include:

      (a) The reason for the suspension of the license;

      (b) The information set forth in subsections 3 and 4; and


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ê1997 Statutes of Nevada, Page 2078 (Chapter 483, SB 356)ê

 

      (c) Any other information the department deems necessary.

      3.  If a person who receives a notice pursuant to subsection 1 does not, within 30 days after he receives the notice, comply with the subpoena or warrant or satisfy the arrearage as required in NRS 425.3837, the department shall suspend his license without providing him with an opportunity for a hearing.

      4.  The department shall reinstate a license suspended pursuant to this section if it receives a notice from the district attorney or other public agency pursuant to NRS 425.3837 that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to that section.

      Sec. 126.  NRS 486.061 is hereby amended to read as follows:

      486.061  Except for a nonresident who is at least 16 years of age and is authorized by the state of his residency to drive a motorcycle, a person shall not drive:

      1.  A motorcycle, except a trimobile, upon a highway unless that person holds a valid motorcycle driver’s license issued pursuant to NRS 486.011 to 486.381, inclusive, and sections 124 and 125 of this act, or a driver’s license issued pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle.

      2.  A trimobile upon a highway unless that person holds a valid motorcycle driver’s license issued pursuant to NRS 486.011 to 486.381, inclusive, and sections 124 and 125 of this act, or a driver’s license issued pursuant to chapter 483 of NRS.

      Sec. 127.  NRS 486.161 is hereby amended to read as follows:

      486.161  1.  Except as otherwise provided in subsection 4, every motorcycle driver’s license expires on the fourth anniversary of the licensee’s birthday, measured in the case of an original license, a renewal license or a license renewing an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth is February 29 is, for the purposes of NRS 486.011 to 486.381, inclusive, considered to have the anniversary of his birth fall on February 28.

      2.  Every license is renewable at any time before its expiration upon application , submission of the statement required pursuant to section 124 of this act and payment of the required fee. Every motorcycle endorsement to a driver’s license issued on or after January 1, 1972, expires simultaneously with the expiration of the driver’s license.

      3.  Except as otherwise provided in subsection 1 of NRS 483.384, each applicant for renewal must appear before an examiner for a driver’s license and successfully pass a test of his eyesight.

      4.  Any person who has been issued a driver’s license without having the authority to drive a motorcycle endorsed thereon must, before driving a motorcycle, successfully pass:

      (a) A driving test conducted by the department; or

      (b) A course of motorcycle safety approved by the department,

and have the authority endorsed upon his license.

      Sec. 128.  Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 129 and 130 of this act.

      Sec. 129.  1.  An applicant for the issuance or renewal of a license issued pursuant to this chapter shall submit to the department the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act.


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ê1997 Statutes of Nevada, Page 2079 (Chapter 483, SB 356)ê

 

prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the department.

      3.  A license may not be issued or renewed by the department pursuant to this chapter if the applicant:

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

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

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

      Sec. 130.  1.  If the department receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to this chapter, the department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the department receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The department shall reinstate a license issued pursuant to this chapter that has been suspended by a district court pursuant to section 3.4 of this act if the department receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 131.  NRS 487.050 is hereby amended to read as follows:

      487.050  1.  It is unlawful for any person to dismantle, scrap, process or wreck any vehicle without first applying for and obtaining a license for that operation from the department.


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ê1997 Statutes of Nevada, Page 2080 (Chapter 483, SB 356)ê

 

      2.  An application for a license must be made on a form provided by the department , include the social security number of the applicant and be accompanied by such proof as the department may require that:

      (a) The applicant is a bona fide automobile wrecker; and

      (b) He owns or leases a place of business which meets the requirements of NRS 487.073.

      Sec. 132.  NRS 487.070 is hereby amended to read as follows:

      487.070  1.  The department may approve or reject the application . [and, if approved,] If the department receives the statement required pursuant to section 129 of this act and approves the application, it shall issue to the applicant:

      (a) A license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      (b) A card which:

             (1) Contains the information specified in paragraph (a);

             (2) Includes a picture of the licensee; and

             (3) Clearly identifies the holder of the card as a licensed automobile wrecker.

      2.  A licensee may obtain one or two cards for his business. The department shall charge a fee of $50 for each card issued. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers, body shops and garages.

      3.  A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

      4.  A license expires on April 30 of each year.

      5.  A licensee may renew his license by submitting to the department:

      (a) A completed application for renewal upon a form supplied by the department; [and]

      (b) The statement required pursuant to section 129 of this act; and

      (c) The fee for renewal of a license provided in NRS 487.080.

      Sec. 133.  NRS 487.410 is hereby amended to read as follows:

      487.410  1.  No person may operate a salvage pool without first applying for and obtaining a license for that business from the department.

      2.  An application for a license must be made on a form provided by the department , include the social security number of the applicant and be accompanied by such proof as the department requires that the applicant meets the statutory requirements to be an operator of a salvage pool.

      Sec. 134.  NRS 487.430 is hereby amended to read as follows:

      487.430  1.  The department may approve or reject the application for a license to operate a salvage pool. [and, if approved,] If the department receives the statement required pursuant to section 129 of this act and approves the application, it shall issue to the applicant a license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      2.  A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.


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ê1997 Statutes of Nevada, Page 2081 (Chapter 483, SB 356)ê

 

      3.  A license expires on April 30 of each year.

      4.  A licensee may renew his license by submitting to the department:

      (a) A completed application for renewal upon a form supplied by the department; [and]

      (b) The statement required pursuant to section 129 of this act; and

      (c) The fee for renewal of a license provided in NRS 487.450.

      Sec. 135.  NRS 487.630 is hereby amended to read as follows:

      487.630  1.  An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must include the social security number of the applicant and be accompanied by such proof as the department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

      2.  The department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers, body shops and garages.

      3.  Upon receipt of the application and the statement required pursuant to section 129 of this act and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

      4.  Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.

      5.  A license expires on April 30 of each year.

      6.  A licensee may renew his license by submitting to the department:

      (a) A completed application for renewal upon a form supplied by the department; [and]

      (b) The statement required pursuant to section 129 of this act; and

      (c) The fee for renewal of a license provided in subsection 2.

      Sec. 136.  Chapter 488 of NRS is hereby amended by adding thereto the provisions set forth as sections 137 and 138 of this act.

      Sec. 137.  The division of wildlife of the state department of conservation and natural resources shall, upon request of the welfare division of the department of human resources, submit to the welfare division the name, address and social security number of each person who has been issued a certificate of number or a validation decal and any pertinent changes in that information.

      Sec. 138.  1.  If the division of wildlife of the state department of conservation and natural resources receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a certificate of number or a validation decal, the division of wildlife shall deem the certificate of number or validation decal issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division of wildlife receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person who has been issued the certificate of number or validation decal stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2082 (Chapter 483, SB 356)ê

 

public agency pursuant to section 3.6 of this act to the person who has been issued the certificate of number or validation decal stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division of wildlife shall reinstate a certificate of number or validation decal that has been suspended by a district court pursuant to section 3.4 of this act if the division of wildlife receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate of number or validation decal was suspended stating that the person whose certificate of number or validation decal was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 139.  Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 140 and 141 of this act.

      Sec. 140.  1.  A natural person who applies for the issuance or renewal of a manufacturer’s, dealer’s, rebuilder’s, serviceman’s, installer’s, salesman’s or managing employee’s license shall submit to the division the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the division.

      3.  A manufacturer’s, dealer’s, rebuilder’s, serviceman’s, installer’s, salesman’s or managing employee’s license may not be issued or renewed by the division if the applicant is a natural person who:

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

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

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

      Sec. 141.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a manufacturer’s, dealer’s, rebuilder’s, serviceman’s, installer’s, salesman’s or managing employee’s license, the division shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2083 (Chapter 483, SB 356)ê

 

was issued unless the division receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division shall reinstate a manufacturer’s, dealer’s, rebuilder’s, serviceman’s, installer’s, salesman’s or managing employee’s license that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 142.  NRS 489.321 is hereby amended to read as follows:

      489.321  1.  [Applications] An application for a manufacturer’s, dealer’s, rebuilder’s, serviceman’s or installer’s license must be filed upon forms supplied by the division [, and the applicant shall] and include the social security number of the applicant. The applicant must furnish:

      (a) Any proof the division may deem necessary that the applicant is a manufacturer, dealer, rebuilder, serviceman or installer.

      (b) Any proof the division may require that the applicant has an established place of business.

      (c) Any proof the division may require of the applicant’s good character and reputation and of his fitness to engage in the activities for which the license is sought.

      (d) A complete set of his fingerprints and written permission authorizing the administrator to forward those fingerprints to the Federal Bureau of Investigation for its report. The administrator may exchange with the Federal Bureau of Investigation any information [respecting] relating to the fingerprints of an applicant under this section.

      (e) In the case of a dealer in new manufactured homes, an instrument in the form prescribed by the division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.

      (f) A reasonable fee fixed by regulation.

      (g) In the case of a dealer, rebuilder, serviceman or installer, proof of passing the examination required under NRS 489.351.

      (h) Any additional requirements the division may from time to time prescribe by regulation.

      2.  Within 60 days after the receipt of a complete application, the division shall issue or deny the license.

      3.  The administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the administrator that the applicant is qualified, the division shall issue to the applicant a dealer’s, manufacturer’s, installer’s, rebuilder’s or serviceman’s license [certificate] containing the applicant’s name and the address of his fixed place of business.


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ê1997 Statutes of Nevada, Page 2084 (Chapter 483, SB 356)ê

 

      4.  Each license is valid for a period of 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.

      Sec. 143.  NRS 489.341 is hereby amended to read as follows:

      489.341  1.  A person shall not act as a salesman in this state or as a responsible managing employee for a person who sells, leases, reconstructs, improves, repairs or installs any manufactured home, mobile home or commercial coach subject to the provisions of this chapter without first having received a license from the division. Before issuing such a license, the division shall require:

      (a) An application, signed and verified by the applicant, stating that he desires to act as a salesman or responsible managing employee and providing his residential address , his social security number and the name and address of his employer.

      (b) Proof of the employment of the applicant at the time the application is filed. An applicant for a license as a responsible managing employee shall submit proof of 2 years’ experience within the previous 4 years in the business in which the applicant is seeking to be licensed as a responsible managing employee.

      (c) Proof of the applicant’s good character and reputation and of his fitness to act as a salesman or responsible managing employee.

      (d) A complete set of his fingerprints and written permission authorizing the administrator to forward those fingerprints to the Federal Bureau of Investigation for its report. The administrator may exchange with the Federal Bureau of Investigation any information [respecting] relating to the fingerprints of an applicant.

      (e) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (f) Payment of a reasonable license fee established by regulation.

      (g) The applicant to have passed the examination required by NRS 489.351.

      (h) Any other information the division deems necessary.

      2.  Within 60 days after the receipt of a complete application, the division shall issue or deny the license.

      3.  The administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the administrator that the applicant is qualified, the administrator shall issue to the applicant a license as a salesman or a responsible managing employee. The license must contain the licensee’s name and the address of his employer’s place of business.

      4.  Each license is valid for 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.

      5.  A person licensed pursuant to this section shall not engage in sales activity other than for the account of , or for and in behalf of , a single employer who is a licensed dealer, rebuilder, serviceman or installer.

      6.  A license issued pursuant to this section may be transferred to another licensed employer upon application and the payment of a transfer fee of $10. When a salesman or responsible managing employee holding a current license leaves the employment of one dealer, rebuilder, serviceman or installer for that of another, the new employer may employ the salesman or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.


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ê1997 Statutes of Nevada, Page 2085 (Chapter 483, SB 356)ê

 

current license leaves the employment of one dealer, rebuilder, serviceman or installer for that of another, the new employer may employ the salesman or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.

      7.  A license issued pursuant to this section must be posted in a conspicuous place on the premises of the employer for whom the holder of the license is licensed.

      8.  If a salesman or responsible managing employee ceases to be employed by a licensed dealer, rebuilder, serviceman, or installer, his license to act as a salesman or responsible managing employee is automatically suspended and his right to act in that capacity immediately ceases, and he shall not engage in such an activity until reemployed by a licensed dealer, rebuilder, serviceman or installer. Every licensed salesman and responsible managing employee shall report in writing to the division every change in his place of employment, or termination of employment within 5 days [of] after the date of making the change.

      Sec. 144.  Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 145 and 146 of this act.

      Sec. 145.  The division shall, upon request of the welfare division of the department of human resources, submit to the welfare division the name, address and social security number of each person who holds a license or permit to hunt, fish or trap that does not expire less than 6 months after it is issued, or a license to practice commercial taxidermy, and any pertinent changes in that information.

      Sec. 146.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license or permit to hunt, fish or trap that does not expire less than 6 months after it is issued, or a license to practice commercial taxidermy, the division shall deem the license or permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued to the holder of the license or permit by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division shall reinstate a license or permit to hunt, fish or trap or a license to practice commercial taxidermy that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or permit was suspended stating that the person whose permit or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 147.  (Deleted by amendment.)


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ê1997 Statutes of Nevada, Page 2086 (Chapter 483, SB 356)ê

 

      Sec. 148.  Chapter 503 of NRS is hereby amended by adding thereto the provisions set forth as sections 149 and 150 of this act.

      Sec. 149.  The division shall, upon request of the welfare division of the department of human resources, submit to the welfare division the name, address and social security number of each person who holds a permit or license issued pursuant to NRS 503.582 or 503.583 that does not expire less than 6 months after it is issued and any pertinent changes in that information.

      Sec. 150.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a permit or license issued pursuant to NRS 503.582 or 503.583 that does not expire less than 6 months after it is issued, the division shall deem the permit or license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued to the holder of the permit or license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the permit or license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division shall reinstate a permit or license issued pursuant to NRS 503.582 or 503.583 that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose permit or license was suspended stating that the person whose permit or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 151.  (Deleted by amendment.)

      Sec. 152.  Chapter 504 of NRS is hereby amended by adding thereto the provisions set forth as sections 153 and 154 of this act.

      Sec. 153.  The division shall, upon request of the welfare division of the department of human resources, submit to the welfare division the name, address and social security number of each person who holds a master guide license or subguide license and any pertinent changes in that information.

      Sec. 154.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a master guide license or subguide license, the division shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2087 (Chapter 483, SB 356)ê

 

      2.  The division shall reinstate a master guide license or subguide license that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 155.  NRS 504.390 is hereby amended to read as follows:

      504.390  1.  As used in this section, unless the context requires otherwise, “guide” means to assist another person in hunting wild mammals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.

      2.  Every person who provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, shall obtain a master guide license from the division. Such a license must not be issued to any person who has not reached 21 years of age.

      3.  Each person who assists a person who is required to have a master guide license and acts as a guide in the course of that activity shall obtain a subguide license from the division. Such a license must not be issued to any person who has not reached 18 years of age.

      4.  Fees for master guide and subguide licenses must be as provided in NRS 502.240.

      5.  Any person who desires a master guide license must apply for the license on a form prescribed and furnished by the division. The application must contain the social security number of the applicant and such other information as the commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, his application must be accompanied by a fee of $500, which is not refundable.

      6.  Any person who desires a subguide license must apply for the license on a form prescribed and furnished by the division.

      7.  If the holder of a master guide license operates with pack or riding animals, he shall also have a grazing or special use permit if he operates in any area where such a permit is required.

      8.  The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the division may require concerning fish and game taken by such persons. Such information must be furnished to the division on request.

      9.  If any licensee under this section, or person served by a licensee, is convicted of a violation of any provision of this Title or chapter 488 of NRS, the commission may revoke the license of the licensee and may refuse issuance of another license to the licensee for a period not to exceed 5 years.

      10.  The commission may adopt regulations covering the conduct and operation of a guide service.


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ê1997 Statutes of Nevada, Page 2088 (Chapter 483, SB 356)ê

 

      11.  The division may issue master guide and subguide licenses to be valid only in certain districts in such a manner as may be determined by the regulations of the commission.

      Sec. 156.  Chapter 505 of NRS is hereby amended by adding thereto the provisions set forth as sections 157, 158 and 159 of this act.

      Sec. 157.  The division shall, upon request of the welfare division of the department of human resources, submit to the welfare division the name, address and social security number of each person who holds a fur dealer’s license and any pertinent changes in that information.

      Sec. 158.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a fur dealer’s license, the division shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division shall reinstate a fur dealer’s license that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 159.  An application for the issuance of a fur dealer’s license must include the social security number of the applicant.

      Sec. 160.  Chapter 534 of NRS is hereby amended by adding thereto the provisions set forth as sections 161, 162 and 163 of this act.

      Sec. 161.  1.  An applicant for the issuance or renewal of a license to drill pursuant to NRS 534.140 shall submit to the state engineer the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the state engineer.

      3.  A license to drill may not be issued or renewed by the state engineer if the applicant:

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

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


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ê1997 Statutes of Nevada, Page 2089 (Chapter 483, SB 356)ê

 

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

      Sec. 162.  1.  If the state engineer receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to drill issued pursuant to NRS 534.140, the state engineer shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the state engineer receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The state engineer shall reinstate a license to drill issued pursuant to NRS 534.140 that has been suspended by a district court pursuant to section 3.4 of this act if the state engineer receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 163.  An application for the issuance of a license to drill pursuant to NRS 534.140 must include the social security number of the applicant.

      Sec. 164.  Chapter 544 of NRS is hereby amended by adding thereto the provisions set forth as sections 165, 166 and 167 of this act.

      Sec. 165.  1.  A natural person who applies for the issuance or renewal of a license to engage in activities for weather modification and control shall submit to the director the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the director.

      3.  A license to engage in activities for weather modification and control may not be issued or renewed by the director if the applicant is a natural person who:

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

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


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ê1997 Statutes of Nevada, Page 2090 (Chapter 483, SB 356)ê

 

agency enforcing the order for the repayment of the amount owed pursuant to the order.

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

      Sec. 166.  1.  If the director receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to engage in activities for weather modification and control, the director shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the director receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The director shall reinstate a license to engage in activities for weather modification and control that has been suspended by a district court pursuant to section 3.4 of this act if the director receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 167.  The application of a natural person who applies for the issuance of a license to engage in activities for weather modification and control must include the social security number of the applicant.

      Sec. 168.  NRS 544.070 is hereby amended to read as follows:

      544.070  As used in NRS 544.070 to 544.240, inclusive, and sections 165, 166 and 167 of this act, unless the context requires otherwise:

      1.  “Director” means the director of the state department of conservation and natural resources.

      2.  “Operation” means [the] :

      (a) The performance of weather modification and control activities pursuant to a single contract entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding 1 year [, or, if] ; or

      (b) If the performance of weather modification and control activities is to be undertaken individually or jointly by a person or persons to be benefited and not undertaken pursuant to a contract, [“operation” means] the performance of weather modification and control activities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding 1 year.


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ê1997 Statutes of Nevada, Page 2091 (Chapter 483, SB 356)ê

 

      3.  “Research and development” means theoretical analysis, exploration and experimentation and the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials and processes.

      4.  “Weather modification and control” means changing or controlling, or attempting to change or control, by artificial methods the natural development of any or all atmospheric cloud forms or precipitation forms which occur in the troposphere.

      Sec. 169.  NRS 544.140 is hereby amended to read as follows:

      544.140  1.  Licenses to engage in activities for weather modification and control [shall] must be issued to [applicants therefor who pay the license fee required and who demonstrate,] an applicant who:

      (a) Pays the fee required pursuant to subsection 2;

      (b) If the applicant is a natural person, submits the statement required pursuant to section 165 of this act; and

      (c) Demonstrates, to the satisfaction of the director, competence in the field of meteorology reasonably necessary to engage in activities for weather modification and control.

      2.  If the applicant is an organization, [these requirements shall be met by the individual or individuals] the requirements set forth in paragraphs (a) and (c) of subsection 1 must be met by the person or persons who are to be in control and in charge of the operation for the applicant.

      [2.]3.  The director shall issue licenses in accordance with such procedures and subject to such conditions as he may by regulation establish to effectuate the provisions of NRS 544.070 to 544.240, inclusive [.] , and sections 165, 166 and 167 of this act. Each license [shall] must be issued for a period to expire at the end of the calendar year in which it is issued and, if the licensee possesses the qualifications necessary for the issuance of a new license, [such license shall] the license must, upon application , be renewed at the expiration of [such] that period. A license [shall] must be issued or renewed only upon the payment to the director of $100 for the license or the renewal thereof.

      Sec. 170.  Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 171 and 172 of this act.

      Sec. 171.  1.  A natural person who applies for the issuance or renewal of a license to perform pest control shall submit to the administrator the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the administrator.

      3.  A license to perform pest control may not be issued or renewed by the administrator if the applicant is a natural person who:

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


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ê1997 Statutes of Nevada, Page 2092 (Chapter 483, SB 356)ê

 

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

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

      Sec. 172.  1.  If the administrator receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to perform pest control, the administrator shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the administrator receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The administrator shall reinstate a license to perform pest control that has been suspended by a district court pursuant to section 3.4 of this act if the administrator receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 173.  NRS 555.2605 is hereby amended to read as follows:

      555.2605  As used in NRS 555.2605 to 555.460, inclusive, and sections 171 and 172 of this act, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, have the meanings ascribed to them in [such sections unless the context otherwise requires.] those sections.

      Sec. 174.  NRS 555.290 is hereby amended to read as follows:

      555.290  1.  [Application] An application for a license must be [made] submitted to the administrator and must contain such information regarding the applicant’s qualifications and proposed operations and other relevant matters as required pursuant to regulations adopted by the administrator. If the applicant is a natural person, the application must include the social security number of the applicant.

      2.  If an applicant fails to complete the licensing requirements within 30 days after the date on which he submits his application, he forfeits all fees he has tendered. Thereafter he may reinitiate the application process upon payment of the appropriate fees.


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ê1997 Statutes of Nevada, Page 2093 (Chapter 483, SB 356)ê

 

      Sec. 175.  NRS 555.320 is hereby amended to read as follows:

      555.320  1.  If the administrator finds the applicant qualified, and upon the applicant’s appointing the administrator agent for service of process and finding that the applicant has satisfied the requirements of NRS 555.330 [,] and section 171 of this act, the administrator shall issue a license to perform pest control within this state.

      2.  The license period is the calendar year. All licenses expire on December 31 of each year. The license may be renewed annually upon application to the administrator and payment of the license fee on or before January 16 of each year. If the holder of the license is a natural person, he must submit with his application for renewal the statement required pursuant to section 171 of this act.

      3.  A penalty fee of $5 must be charged for failure to pay the renewal fee when due unless the application for renewal is accompanied by a written statement signed by the applicant that he has not made any application of pesticides from the time of expiration of his prior license to the time of application for renewal.

      4.  The license may restrict the licensee to the use of a certain type or types of equipment or materials if the administrator finds that the applicant is qualified to use only a certain type or types.

      5.  If a license is not issued as applied for, the administrator shall inform the applicant in writing of the reasons therefor.

      Sec. 176.  Chapter 576 of NRS is hereby amended by adding thereto the provisions set forth as sections 177 and 178 of this act.

      Sec. 177.  1.  A natural person who applies for the issuance or renewal of a license as a broker, dealer, commission merchant, cash buyer or agent shall submit to the division the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the division.

      3.  A license as a broker, dealer, commission merchant, cash buyer or agent may not be issued or renewed by the division if the applicant is a natural person who:

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

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

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


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ê1997 Statutes of Nevada, Page 2094 (Chapter 483, SB 356)ê

 

contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 178.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a broker, dealer, commission merchant, cash buyer or agent, the division shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division shall reinstate a license as a broker, dealer, commission merchant, cash buyer or agent that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 179.  NRS 576.030 is hereby amended to read as follows:

      576.030  1.  Every person, before acting as a broker, dealer, commission merchant, cash buyer or agent, shall file an application with the division for a license to transact such business. Separate applications must be filed for each class of business.

      2.  The application must be on a form prescribed and furnished by the division and must set forth:

      (a) The full name of the person applying for the license. If the applicant is a firm, exchange, association or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation must be given in the application.

      (b) If the applicant is a natural person, the social security number of the applicant.

      (c) The principal business address of the applicant in this state and elsewhere.

      [(c)](d) The name or names of the person or persons authorized to accept service of summons and legal notice of all kinds for the applicant.

      [(d)](e) The names and addresses of all persons by whom the applicant has been employed for a period of 3 years immediately preceding the making of the application.

      [(e)](f) A complete statement of the applicant’s business activity for the 3 years immediately preceding the making of the application which is not covered by paragraph [(d).

      (f)](e).

      (g) A statement of whether the applicant has ever been arrested for anything other than a traffic violation punishable by a fine of $25 or less and, if so, when and where, the nature of the crime charged, the disposition of the charge, the title and address of the police officials having custody of the record of arrest, and the names and locations of all the courts before which any proceedings in connection with the arrest took place.


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ê1997 Statutes of Nevada, Page 2095 (Chapter 483, SB 356)ê

 

the record of arrest, and the names and locations of all the courts before which any proceedings in connection with the arrest took place.

      [(g)](h) A statement of whether the applicant has ever been a party in a civil suit and, if so, the nature of the suit, whether the applicant was the plaintiff or the defendant, the disposition of the suit, and, if the applicant was the defendant and lost, whether there is a judgment or any portion thereof which remains unpaid.

      [(h)](i) The county or counties in which the applicant proposes to engage in business.

      [(i)](j) The class or classes of farm products the applicant proposes to handle.

      [(j)](k) Such other information as the division may reasonably require.

      3.  In addition to the general requirements applicable to all classes of applications as set forth in subsection 2, the following requirements apply to the class of applications specified in paragraphs (a) and (b) of this subsection:

      (a) Commission merchants. Each application must include a complete schedule of commissions and an itemized listing of all charges for all services. Any services rendered for which charges are made, if not listed in the schedule on the application, must be rendered on a strictly cost basis.

      (b) Agents. Each application must be in the same form as an application for a license as a broker, dealer or commission merchant, and must include the name and address of the broker, dealer, commission merchant or cash buyer represented or sought to be represented by the agent, and the written endorsement or nomination of such broker, dealer, commission merchant or cash buyer.

      4.  The application must be accompanied by an executed instrument whereby the applicant:

      (a) Appoints and constitutes the administrator and his successor or successors in office the true and lawful attorney of the applicant upon whom all lawful process in any action or legal proceeding against the applicant arising in this state from a transaction under the provisions of this chapter may be served; and

      (b) Agrees that any such lawful process against him which may be served upon his attorney as provided in this subsection is of the same force and validity as if served upon him and that the authority thereof continues in force irrevocably as long as any liability of the applicant in the state remains outstanding.

      Sec. 180.  NRS 576.060 is hereby amended to read as follows:

      576.060  1.  Upon receipt of an application for a license, accompanied by the license fee and a surety bond, other acceptable security, a copy of the bond required by the United States, or a deposit receipt, as provided in NRS 576.040, and the statement required pursuant to section 177 of this act, the division shall examine the [same] application, bond and other papers and, subject to the provisions of NRS 576.120 [,] and section 177 of this act, upon the completion of its investigation, the division shall grant the license as applied for.


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ê1997 Statutes of Nevada, Page 2096 (Chapter 483, SB 356)ê

 

      2.  The division shall complete its investigation and [either] issue or deny the license within 30 days after receipt of the application, bond and other papers.

      Sec. 181.  Chapter 581 of NRS is hereby amended by adding thereto the provisions set forth as sections 182 and 183 of this act.

      Sec. 182.  1.  An applicant for the issuance or renewal of a certificate of registration pursuant to NRS 581.103 shall submit to the state sealer of weights and measures the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

      2.  The state sealer of weights and measures shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the state sealer of weights and measures.

      3.  A certificate of registration may not be issued or renewed by the state sealer of weights and measures pursuant to NRS 581.103 if the applicant:

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

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

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

      Sec. 183.  1.  If the state sealer of weights and measures receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration issued pursuant to NRS 581.103, the state sealer of weights and measures shall deem the certificate of registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the state sealer of weights and measures receives a letter issued to the holder of the certificate of registration by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The state sealer of weights and measures shall reinstate a certificate of registration issued pursuant to NRS 581.103 that has been suspended by a district court pursuant to section 3.4 of this act if the state sealer of weights and measures receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2097 (Chapter 483, SB 356)ê

 

and measures receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 184.  NRS 581.103 is hereby amended to read as follows:

      581.103  1.  Any person who wishes to make any repair or adjustment, for hire, to a weighing or measuring device must submit to the state sealer of weights and measures:

      (a) An application for a certificate of registration on a form provided by the state sealer of weights and measures;

      (b) The statement required pursuant to section 182 of this act;

      (c) The annual fee prescribed by regulation pursuant to NRS 581.075; and

      [(c)](d) The equipment the person will use to repair or adjust weighing or measuring devices. The state sealer of weights and measures shall inspect the equipment to ensure that the equipment complies with the standards set forth in the regulations adopted pursuant to NRS 581.050.

      2.  An application for a certificate of registration must include the social security number of the applicant.

      3.  The state sealer of weights and measures shall issue to any person who complies with the requirements of subsection 1 a certificate of registration. The certificate must include a unique registration number.

      [3.]4.  A certificate of registration is effective for the calendar year in which it is issued, and may be renewed upon application on or before January 15 of the succeeding year. Any person who, for hire, makes a repair or adjustment to a weighing or measuring device without being registered pursuant to this section shall be punished as provided in NRS 581.450.

      [4.]5.  Except as otherwise provided in NRS 581.104, any person who sells or installs or makes any repair or adjustment to a commercially used weighing or measuring device shall within 24 hours notify the state sealer of weights and measures, on a form provided by the state sealer of weights and measures, of that repair, adjustment, sale or installation. If a person who has been issued a certificate of registration pursuant to subsection [2] 3 fails to notify the state sealer of weights and measures as required by this subsection, the state sealer of weights and measures may suspend the certificate of registration of that person for not more than 10 days and may, after a hearing, revoke his certificate of registration.

      [5.]6.  The form required pursuant to subsection [4] 5 must include:

      (a) The registration number and signature of the person who sold, installed, repaired or adjusted the device; and

      (b) A statement requesting that the state sealer of weights and measures inspect the weighing or measuring device and seal or mark it if it complies with the standards set forth in the regulations adopted pursuant to NRS 581.050.

      [6.]7.  Any person required to register pursuant to subsection 1 who employs any other person to make any repair or adjustment to a weighing or measuring device is responsible for the registration of that employee in the manner required by subsection 1.


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ê1997 Statutes of Nevada, Page 2098 (Chapter 483, SB 356)ê

 

measuring device is responsible for the registration of that employee in the manner required by subsection 1.

      [7.]8.  The provisions of this section do not apply to a public utility subject to the jurisdiction of the public service commission of Nevada.

      Sec. 184.2.  Chapter 582 of NRS is hereby amended by adding thereto the provisions set forth as sections 184.4, 184.6 and 184.8 of this act.

      Sec. 184.4.  1.  An applicant for the issuance or renewal of a certificate of appointment as a public weighmaster shall submit to the state sealer of weights and measures the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

      2.  The state sealer of weights and measures shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the state sealer of weights and measures.

      3.  A certificate of appointment may not be issued or renewed by the state sealer of weights and measures pursuant to NRS 581.103 if the applicant:

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

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

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

      Sec. 184.6.  1.  If the state sealer of weights and measures receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of appointment as a public weighmaster, the state sealer of weights and measures shall deem the certificate to be suspended at the end of the 30th day after the date on which the court order was issued unless he receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The state sealer of weights and measures shall reinstate a certificate of appointment as a public weighmaster suspended by a district court pursuant to section 3.4 of this act if the state sealer of weights and measures receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2099 (Chapter 483, SB 356)ê

 

pursuant to section 3.4 of this act if the state sealer of weights and measures receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 184.8.  An application for a certificate of appointment as a public weighmaster must include the social security number of the applicant.

      Sec. 185.  Chapter 584 of NRS is hereby amended by adding thereto the provisions set forth as sections 186, 187 and 188 of this act.

      Sec. 186.  1.  An applicant for the issuance or renewal of a milk tester’s license shall submit to the commissioner of food and drugs the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.

      3.  A milk tester’s license may not be issued or renewed by the commissioner if the applicant:

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

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

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

      Sec. 187.  1.  If the commissioner of food and drugs receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a milk tester’s license, the commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2100 (Chapter 483, SB 356)ê

 

      2.  The commissioner of food and drugs shall reinstate a milk tester’s license that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 188.  An application for the issuance of a milk tester’s license must include the social security number of the applicant.

      Sec. 189.  NRS 584.215 is hereby amended to read as follows:

      584.215  1.  Except as otherwise provided in subsection 2, all testing of milk or cream purchased on the basis of the amount of butterfat contained therein must be done by a licensed tester, who shall supervise and is responsible for the operation of the Babcock test of milk or cream.

      2.  Methods of testing such milk, other than the Babcock test, may be used if approved by the commissioner of food and drugs. If such approval is given, equipment suitable for the performance of the Babcock test must be provided and maintained.

      3.  A license may be issued to a tester by the commissioner of food and drugs. The commissioner shall examine the qualifications of the applicant for a license, and every applicant must satisfy the commissioner of his qualifications and comply with the provisions in NRS 584.215 to 584.285, inclusive, and sections 186, 187 and 188 of this act before [any] a license may be issued to him.

      4.  If a method of testing other than the Babcock test is used, the tester must be licensed to perform that method of testing and the Babcock test.

      Sec. 190.  Chapter 587 of NRS is hereby amended by adding thereto the provisions set forth as sections 191, 192 and 193 of this act.

      Sec. 191.  1.  An applicant for the issuance or renewal of a license to inspect or classify agricultural products shall submit to the state quarantine officer the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

      2.  The state quarantine officer shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the state quarantine officer.

      3.  A license to inspect or classify agricultural products may not be issued or renewed by the state quarantine officer if the applicant:

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

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

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


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ê1997 Statutes of Nevada, Page 2101 (Chapter 483, SB 356)ê

 

attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the state quarantine officer shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 192.  1.  If the state quarantine officer receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to inspect or classify agricultural products, the state quarantine officer shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the state quarantine officer receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The state quarantine officer shall reinstate a license to inspect or classify agricultural products that has been suspended by a district court pursuant to section 3.4 of this act if the state quarantine officer receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 193.  An application for the issuance of a license to inspect or classify agricultural products must include the social security number of the applicant.

      Sec. 194.  NRS 587.290 is hereby amended to read as follows:

      587.290  As used in NRS 587.290 to 587.450, inclusive, and sections 191, 192 and 193 of this act, unless the context otherwise requires, “agricultural products” includes horticultural, viticultural, dairy, bee and [any and all] farm products.

      Sec. 195.  NRS 587.380 is hereby amended to read as follows:

      587.380  1.  Upon satisfactory evidence of competency , submission of the statement required pursuant to section 191 of this act and the payment of a reasonable fee [therefor,] for a license, the state quarantine officer [is authorized to] may license a person to inspect or classify agricultural products in accordance with such regulations as he may prescribe at such places as the volume of business may be found to warrant the furnishing of such inspection service, at the request of persons having an interest in such products, and to ascertain and to certify to such persons the grade, classification, quality or condition thereof, and such other pertinent facts as the state quarantine officer may require.

      2.  Licensed inspectors may charge and collect as compensation for such services only such fees as may be approved by the state quarantine officer.

      3.  [The] Except as otherwise required in subsection 4, the state quarantine officer may suspend or revoke any license [whenever,] if, after an opportunity for hearing has been afforded the licensee, the state quarantine officer [shall determine that such] determines that the licensee is incompetent or has knowingly or carelessly failed to certify correctly the grade, classification, quality or condition of any agricultural product, or has violated any provisions of NRS 587.290 to 587.450, inclusive, or section 191, 192 or 193 of this act or of the regulations [made thereunder.]


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ê1997 Statutes of Nevada, Page 2102 (Chapter 483, SB 356)ê

 

incompetent or has knowingly or carelessly failed to certify correctly the grade, classification, quality or condition of any agricultural product, or has violated any provisions of NRS 587.290 to 587.450, inclusive, or section 191, 192 or 193 of this act or of the regulations [made thereunder.] adopted pursuant thereto.

      4.  Pending investigation, the state quarantine officer may suspend a license temporarily without a hearing.

      Sec. 196.  Chapter 599A of NRS is hereby amended by adding thereto the provisions set forth as sections 197, 198 and 199 of this act.

      Sec. 197.  1.  An applicant for the issuance or renewal of a license issued pursuant to NRS 599A.050 shall submit to the board of county commissioners or the governing body of the incorporated city issuing the license the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

      2.  The board of county commissioners or the governing body of the incorporated city issuing the license shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the board of county commissioners or governing body of the city.

      3.  A license may not be issued or renewed by a board of county commissioners or the governing body of an incorporated city pursuant to NRS 599A.050 if the applicant:

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

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

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

      Sec. 198.  1.  If a board of county commissioners or the governing body of an incorporated city receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued by that governmental body pursuant to NRS 599A.050, the governmental body that issued the license shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the governmental body receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2103 (Chapter 483, SB 356)ê

 

act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  A board of county commissioners or the governing body of an incorporated city shall reinstate a license issued pursuant to NRS 599A.050 that has been suspended by a district court pursuant to section 3.4 of this act if the governmental body receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 199.  An application for the issuance of a license issued pursuant to NRS 599A.050 must include the social security number of the applicant.

      Sec. 200.  Chapter 599B of NRS is hereby amended by adding thereto the provisions set forth as sections 201 and 202 of this act.

      Sec. 201.  1.  A natural person who applies for the issuance or renewal of a registration certificate as a salesman for a seller shall submit to the division the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the division.

      3.  A registration certificate as a salesman for a seller may not be issued or renewed by the division if the applicant is a natural person who:

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

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

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

      Sec. 202.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been registered by the division as a salesman of a seller, the division shall deem the person’s registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person who has been registered stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2104 (Chapter 483, SB 356)ê

 

registered stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division shall reinstate a registration certificate as a salesman for a seller that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 203.  NRS 599B.120 is hereby amended to read as follows:

      599B.120  1.  An applicant for registration as a salesman must submit to the division, in such form as it prescribes, a written application for registration. The application must set forth the following information:

      (a) The name, age and address of the applicant.

      (b) If the applicant is a natural person, the social security number of the applicant.

      (c) Each business or occupation engaged in by the applicant during the 2 years immediately preceding the date of the application, and the location thereof.

      [(c)](d) The previous experience of the applicant as a salesman.

      [(d)](e) Whether the applicant has previously been arrested for, convicted of or is under indictment for a felony and, if so, the nature of the felony.

      [(e)](f) Whether the applicant has previously been convicted of or is under indictment for forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other crime involving moral turpitude.

      [(f)](g) Whether the applicant has previously been convicted of acting as a salesman without registration or a license, or whether such a registration or license has previously been refused, revoked or suspended in any jurisdiction.

      2.  Except as otherwise provided in this subsection, an application filed pursuant to this section must be verified and be accompanied by:

      (a) A verified statement of the seller with whom the salesman will be associated, expressing the intention of the seller to associate the salesman with him and to be responsible for the activities of the salesman as a registrant; [and]

      (b) If the applicant is a natural person, the statement required pursuant to section 201 of this act; and

      (c) A fee for registration in the amount of $100.

The fee may be paid after the application is filed, but must be paid within 14 days after the applicant begins work as a salesman.

      3.  Any application for registration made by a natural person must be completed personally by the applicant. An application made by a corporation must be signed by an officer of the corporation.

      Sec. 204.  Chapter 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 205 to 210, inclusive, of this act.

      Sec. 205.  1.  An applicant for the issuance or renewal of certification as a crane operator pursuant to NRS 618.351 shall submit with his application the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act.


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ê1997 Statutes of Nevada, Page 2105 (Chapter 483, SB 356)ê

 

application the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the division.

      3.  Certification as a crane operator may not be issued or renewed pursuant to NRS 618.351 if the applicant:

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

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

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

      Sec. 206.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a crane operator pursuant to NRS 618.351, the division shall deem the certification issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person who has been issued the certification stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division shall reinstate a certification as a crane operator issued pursuant to NRS 618.351 that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 207.  An application for the issuance of certification as a crane operator pursuant to NRS 618.351 must include the social security number of the applicant.

      Sec. 208.  1.  An applicant for the issuance or renewal of a license in an occupation shall submit to the division the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act.


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ê1997 Statutes of Nevada, Page 2106 (Chapter 483, SB 356)ê

 

welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the division.

      3.  A license in an occupation may not be issued or renewed by the division if the applicant:

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

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

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

      Sec. 209.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license in an occupation, the division shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division shall reinstate a license in an occupation that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 210.  An application for the issuance of a license in an occupation must include the social security number of the applicant.

      Sec. 211.  NRS 618.750 is hereby amended to read as follows:

      618.750  As used in NRS 618.750 to 618.850, inclusive, and sections 208, 209 and 210 of this act, unless the context otherwise requires:

      1.  “Asbestos” means asbestiform varieties of:

      (a) Chrysotile (serpentine);

      (b) Crocidolite (riebeckite);

      (c) Amosite (cummingtonite-grunerite);


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ê1997 Statutes of Nevada, Page 2107 (Chapter 483, SB 356)ê

 

      (d) Anthophyllite;

      (e) Tremolite; or

      (f) Actinolite.

      2.  “Control of asbestos” means:

      (a) The encapsulation, enclosure or removal of asbestos or material containing asbestos from a building or structure , including any associated mechanical systems, whether inside or outside the building or structure;

      (b) The abatement of the danger posed to human beings by the presence of asbestos or material containing asbestos in a building or structure , including any associated mechanical systems, whether inside or outside the building or structure;

      (c) The repair, renovation or demolition of a building or structure containing asbestos or materials containing asbestos; or

      (d) Any activity connected with that encapsulation, enclosure, removal, abatement, repair, renovation or demolition.

      3.  “Occupation” means a specific discipline involved in a project for the control of asbestos , including those tasks performed respectively by an inspector, management planner, consultant, project designer, contractor, supervisor or worker engaged in the control of asbestos.

      4.  “Worker” means any person actually engaged in work directly related to asbestos on a project for the control of asbestos who is not required to be licensed in any other occupation.

      Sec. 212.  NRS 618.805 is hereby amended to read as follows:

      618.805  1.  To renew a license , a person must, on or before January 1 of each year:

      (a) Apply to the division for renewal;

      (b) Submit the statement required pursuant to section 208 of this act;

      (c) Pay the annual fee for renewal set by the division; and

      [(c)](d) Submit evidence satisfactory to the division of his completion of the requirements for continuing education or training established by the division, if any.

      2.  The division may adopt regulations requiring continuing education or training of the licensees in any occupation and, as a prerequisite to the renewal or restoration of a license, require each licensee to comply with those requirements.

      Sec. 213.  Chapter 623 of NRS is hereby amended by adding thereto the provisions set forth as sections 214, 215 and 216 of this act.

      Sec. 214.  1.  An applicant for the issuance or renewal of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.


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ê1997 Statutes of Nevada, Page 2108 (Chapter 483, SB 356)ê

 

      3.  A certificate of registration may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 215.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, the board shall deem the certificate of registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the certificate of registration by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a certificate of registration to practice architecture or residential design or to practice as a registered interior designer that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 216.  An application for the issuance of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer must include the social security number of the applicant.

      Sec. 217.  NRS 623.192 is hereby amended to read as follows:

      623.192  1.  An applicant for a certificate of registration to practice as a registered interior designer must be of good moral character and submit to the board:

      (a) An application on a form provided by the board;

      (b) The fees required pursuant to NRS 623.310;

      (c) The statement required pursuant to section 214 of this act;

      (d) Proof which is satisfactory to the board that he has completed:


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ê1997 Statutes of Nevada, Page 2109 (Chapter 483, SB 356)ê

 

             (1) At least 5 years of education in a program of interior design or an equivalent number of credits and at least 1 year of experience in interior design;

             (2) At least 4 years of education in a program of interior design or an equivalent number of credits and at least 2 years of experience in interior design;

             (3) At least 3 years of education in a program of interior design or an equivalent number of credits and at least 3 years of experience in interior design;

             (4) At least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in interior design; or

             (5) At least 6 consecutive years of experience in the practice of interior design; and

      [(d)](e) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization.

      2.  Each program of interior design must be accredited by the Foundation for Interior Design Education Research or approved by the board.

      3.  The board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience and equivalent credits required pursuant to subsection 1 as those standards exist on the date of the adoption of the regulation.

      4.  Any application submitted to the board may be denied for any violation of the provisions of this chapter.

      Sec. 218.  NRS 623.200 is hereby amended to read as follows:

      623.200  1.  Upon complying with the requirements set forth in NRS 623.190 and section 214 of this act, and before receiving a certificate or being registered as an architect, the applicant must pass an examination adopted or otherwise prescribed by the board, unless the applicant has applied for the certificate and registration without examination as provided in this chapter.

      2.  Upon complying with the applicable requirements of this chapter and passing the examination, an applicant is entitled to be registered as a residential designer and receive a certificate of registration. A person may not be simultaneously registered as an architect and residential designer.

      3.  Upon complying with the requirements set forth in NRS 623.192 and section 214 of this act, and before receiving a certificate or being registered as a registered interior designer, the applicant must pass an examination in such technical and professional courses as may be established by the board.

      4.  The board shall give or provide for examinations at least once each year, unless no applications for examinations are pending with the board.

      Sec. 219.  NRS 623.220 is hereby amended to read as follows:

      623.220  1.  The board shall issue a certificate of registration as an architect or a residential designer upon payment of a registration fee pursuant to NRS 623.310 to any applicant who complies with the provisions of NRS 623.190 and section 214 of this act and passes the examinations, or in lieu thereof brings himself within the provisions of NRS 623.210.


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ê1997 Statutes of Nevada, Page 2110 (Chapter 483, SB 356)ê

 

      2.  The board shall issue a certificate of registration to practice as a registered interior designer upon payment of a registration fee pursuant to NRS 623.310 to any applicant who complies with the provisions of NRS 623.192 and 623.200 [.] and section 214 of this act.

      3.  Certificates of registration must [show] include the full name of the registrant, have a serial number and be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by the board is evidence that the person named therein is entitled to all the rights and privileges of an architect, registered interior designer or residential designer while the certificate remains unsuspended, unrevoked and unexpired.

      Sec. 220.  NRS 623.250 is hereby amended to read as follows:

      623.250  1.  Each architect, registered interior designer or residential designer who holds a certificate of registration pursuant to the provisions of this chapter shall, before or during the month of December of each year preceding a biennium during which he desires to continue:

      (a) The practice of architecture or residential design; or

      (b) To practice as a registered interior designer,

submit a renewal fee pursuant to the provisions of this chapter , [and] proof of compliance with all of the requirements established by the board for continuing education for the renewal of the certificate [.] and the statement required pursuant to section 214 of this act.

      2.  Upon receipt of the renewal fee , [and] proof satisfactory to the board of compliance with all of the requirements established by the board for continuing education [,] and the statement, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration is renewed for the term of a biennium. The certificate renewal card must bear a serial number and the signature or a facsimile thereof of the secretary of the board or the executive director and must bear the seal of the board.

      3.  The renewal must be recorded, together with its serial number, by the secretary of the board in the official register of the board pursuant to NRS 623.230.

      Sec. 221.  Chapter 623A of NRS is hereby amended by adding thereto the provisions set forth as sections 222 and 223 of this act.

      Sec. 222.  1.  An applicant for the issuance or renewal of a certificate to practice landscape architecture shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A certificate to practice landscape architecture may not be issued or renewed by the board if the applicant:

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


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ê1997 Statutes of Nevada, Page 2111 (Chapter 483, SB 356)ê

 

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

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

      Sec. 223.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate to practice landscape architecture, the board shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a certificate to practice landscape architecture that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 224.  NRS 623A.170 is hereby amended to read as follows:

      623A.170  Any person who is 21 years of age and who has had 6 years of education and experience in landscape architecture, in any combination deemed suitable by the board, may [make] submit an application to the board upon a form and in a manner prescribed by the board. The application [shall] must include the social security number of the applicant and be accompanied by the application fee.

      Sec. 225.  NRS 623A.180 is hereby amended to read as follows:

      623A.180  1.  The board shall approve or disapprove each application. If the board is satisfied that the information contained in the application is true, and that the applicant is qualified to take the examination , has submitted the statement required pursuant to section 222 of this act and has paid the examination fee, it shall approve the application.

      2.  Whenever the board approves an application, the executive director shall promptly notify the applicant in writing of the approval and of the time and place of the examination, if required.


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ê1997 Statutes of Nevada, Page 2112 (Chapter 483, SB 356)ê

 

      3.  Whenever the board disapproves an application, the executive director shall promptly notify the applicant of the disapproval, stating the reasons therefor.

      Sec. 226.  NRS 623A.200 is hereby amended to read as follows:

      623A.200  1.  Certificates expire on June 30 next following the date of issuance.

      2.  Certificates may be renewed for 1 year from each succeeding July 1, upon submission of the statement required pursuant to section 222 of this act and payment of the annual renewal fee.

      3.  A certificate which has expired for failure to pay the annual renewal fee may be reinstated by the board without examination within 3 years after the date the certificate expires upon payment of the delinquent renewal fee, in addition to the annual renewal fee for each year, or part thereof, the certificate is not renewed.

      Sec. 227.  Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 228 and 229 of this act.

      Sec. 228.  1.  A natural person who applies for the issuance or renewal of a contractor’s license shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A contractor’s license may not be issued or renewed by the board if the applicant is a natural person who:

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

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

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

      Sec. 229.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a contractor’s license, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2113 (Chapter 483, SB 356)ê

 

of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a contractor’s license that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 230.  NRS 624.250 is hereby amended to read as follows:

      624.250  1.  To obtain a license , an applicant [shall] must submit to the board an application in writing containing the statement that the applicant desires the issuance of a license under the terms of this chapter.

      2.  The application [shall] must be:

      (a) Made on a form prescribed by the board in accordance with the rules and regulations adopted by the board.

      (b) Accompanied by the fee fixed by this chapter.

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

      Sec. 231.  NRS 624.283 is hereby amended to read as follows:

      624.283  1.  Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

      2.  A license may be renewed by [filing with] submitting to the board [an] :

      (a)An application for renewal [and payment of the] ;

      (b) The statement required pursuant to section 228 of this act if the holder of the license is a natural person; and

      (c) The fee for renewal fixed by the board.

      3.  If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the board. If the licensee is a natural person, his application for renewal must be accompanied by the statement required pursuant to section 228 of this act. A license which is not reinstated within 6 months after it is automatically suspended may be canceled by the board , and a new license may be issued only upon application for an original contractor’s license.

      Sec. 232.  (Deleted by amendment.)

      Sec. 233.  Chapter 625 of NRS is hereby amended by adding thereto the provisions set forth as sections 234 and 235 of this act.

      Sec. 234.  1.  An applicant for the issuance or renewal of a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.


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ê1997 Statutes of Nevada, Page 2114 (Chapter 483, SB 356)ê

 

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

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

      (b) A separate form prescribed by the board.

      3.  A license as a professional engineer or a professional land surveyor or a certificate as an engineer intern or land surveyor intern may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 235.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern, the board shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 236.  NRS 625.390 is hereby amended to read as follows:

      625.390  1.  An applicant for licensure as a professional engineer or professional land surveyor or for certification as an engineer intern or land surveyor intern must:

      (a) Complete a form furnished and prescribed by the board;

      (b) Answer all questions on the form under oath;


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ê1997 Statutes of Nevada, Page 2115 (Chapter 483, SB 356)ê

 

      (c) Provide a detailed summary of his technical training and education; [and]

      (d) Pay the fee established by the board [.] ; and

      (e) Submit the statement required pursuant to section 234 of this act.

      2.  The applicant must include his social security number on the form furnished and prescribed by the board pursuant to subsection 1.

      3.  Unless the requirement is waived by the board, an applicant for licensure must provide the names of not less than four references who have knowledge of the background, character and technical competence of the applicant. None of the persons named as references may be members of the board. If the applicant is:

      (a) Applying for licensure as a professional engineer, the persons named as references must be professional engineers licensed in this state or any other state, three of whom must be licensed in the same discipline of engineering for which the applicant is applying for licensure.

      (b) Applying for licensure as a professional land surveyor, the persons named as references must be professional land surveyors licensed in this state or any other state.

      [3.]4.  The board shall, by regulation, establish the fee for licensure as a professional engineer and professional land surveyor in an amount not [more than] to exceed $200. The fee is nonrefundable and must accompany the application.

      [4.]5.  The board shall charge and collect from each applicant for certification as an engineer intern or land surveyor intern a fee fixed by the board of not more than $100, which includes the cost of examination and the issuance of a certificate.

      [5.]6.  A nonresident applying for licensure as a professional engineer or professional land surveyor is subject to the same fees as a resident.

      [6.]7.  An applicant must furnish proof that he is a citizen of the United States or that he is lawfully entitled to remain and work in the United States.

      [7.]8.  The board shall require the biennial renewal of each license of a professional engineer or professional land surveyor and collect a fee for renewal of not more than $100, prescribed by regulation of the board, except that the board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.

      [8.]9.  An applicant for the renewal of his license must submit with his fee for renewal the statement required pursuant to section 234 of this act.

      10.  In addition to the fee for renewal, the board shall require a holder of an expired license to pay, as a condition of renewal, a penalty in an amount established by regulation of the board.

      Sec. 237.  NRS 625.395 is hereby amended to read as follows:

      625.395  Each licensee must renew his license and pay the fee for renewal. Any licensee who fails to renew his license may do so within 6 months after the date of its expiration, upon application to and with the approval of the board, and upon submission of the statement required pursuant to section 234 of this act and payment of all required fees and penalties. The board may extend the time for renewal of the expired license.


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ê1997 Statutes of Nevada, Page 2116 (Chapter 483, SB 356)ê

 

      Sec. 238.  Chapter 625A of NRS is hereby amended by adding thereto the provisions set forth as sections 239 and 240 of this act.

      Sec. 239.  1.  An applicant for the issuance of a certificate of registration as an environmental health specialist shall submit to the board annually, through its secretary, the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A certificate of registration as an environmental health specialist may not be issued by the board if the applicant:

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

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

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

      Sec. 240.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration as an environmental health specialist, the board shall deem the certificate registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the certificate of registration by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a certificate of registration as an environmental health specialist that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2117 (Chapter 483, SB 356)ê

 

      Sec. 241.  NRS 625A.100 is hereby amended to read as follows:

      625A.100  1.  An applicant for registration as an environmental health specialist [shall] must submit to the board, through its secretary:

      (a) A completed application on a form prescribed and furnished by the board;

      (b) The required fee; and

      (c) Proof of his educational qualifications, practical training and experience.

      2.  The application must include the social security number of the applicant.

      3.  The fee is not refundable.

      Sec. 242.  NRS 625A.130 is hereby amended to read as follows:

      625A.130  1.  Each applicant for registration as an environmental health specialist [shall] must pay a fee set by the board not to exceed $250.

      2.  Each applicant who fails an examination and who desires to be re-examined [shall] must pay a fee set by the board not to exceed $200 for each re-examination.

      3.  Each registered environmental health specialist [shall] must pay to the secretary of the board on or before the date fixed by the board an annual fee for registration to be set by the board not to exceed $100. The annual fee for registration must be collected for the year in which an environmental health specialist is initially registered.

      4.  The certificate of any environmental health specialist who fails to submit the statement required pursuant to section 239 of this act or pay the annual fee for registration within 60 days after it is due is automatically suspended. The board must notify the environmental health specialist that his certificate has been suspended [for nonpayment of the annual fee.] pursuant to this subsection. It may be reinstated pursuant to regulations adopted by the board.

      Sec. 243.  Chapter 628 of NRS is hereby amended by adding thereto the provisions set forth as sections 244, 245 and 246 of this act.

      Sec. 244.  1.  An applicant for the issuance or renewal of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380 shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A certificate, registration, license or permit described in subsection 1 may not be issued or renewed by the board if the applicant:

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

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


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ê1997 Statutes of Nevada, Page 2118 (Chapter 483, SB 356)ê

 

agency enforcing the order for the repayment of the amount owed pursuant to the order.

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

      Sec. 245.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, a registration or license granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380, the board shall deem the certificate, registration, license or permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the certificate, registration, license or permit by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate, registration, license or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, a registration or license granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380 that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate, registration, license or permit was suspended stating that the person whose certificate, registration, license or permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 246.  An application for the issuance of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380 must include the social security number of the applicant.

      Sec. 247.  NRS 628.420 is hereby amended to read as follows:

      628.420  Upon application in writing and after a hearing, the board may:

      1.  Issue a new certificate to a certified public accountant whose certificate has been revoked;

      2.  Permit the reregistration of a public accountant whose registration has been revoked;

      3.  Reissue or modify the suspension of any permit to practice public accounting which has been revoked or suspended [;] , unless the permit was suspended pursuant to section 3.4 of this act; or


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ê1997 Statutes of Nevada, Page 2119 (Chapter 483, SB 356)ê

 

      4.  Modify any action taken against any person or any order which it has issued pursuant to NRS 628.390.

      Sec. 248.  Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 249 and 250 of this act.

      Sec. 249.  1.  An applicant for the issuance or renewal of a license to practice medicine or a certificate to practice as a physician’s assistant shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license to practice medicine or a certificate to practice as a physician’s assistant may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 250.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice medicine or a certificate to practice as a physician’s assistant, the board shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to practice medicine or a certificate to practice as a physician’s assistant that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2120 (Chapter 483, SB 356)ê

 

has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 251.  NRS 630.165 is hereby amended to read as follows:

      630.165  1.  Any applicant for a license to practice medicine shall submit to the board, on a form provided by the board, an application in writing, accompanied by an affidavit stating that:

      (a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

      (b) The information contained in the application and any accompanying material [are] is complete and correct.

      2.  An application submitted pursuant to subsection 1 must include the social security number of the applicant.

      3.  In addition to the other requirements for licensure, the board may require further evidence of the mental, physical, medical or other qualifications of the applicant it considers necessary.

      [3.]4.  The applicant bears the burden of proving and documenting his qualifications for licensure.

      [4.]5.  If an applicant does not appear for two consecutive examinations after receiving notification by the board that his application is complete, the board shall reject the application.

      Secs. 252 and 253.  (Deleted by amendment.)

      Sec. 254.  NRS 630.273 is hereby amended to read as follows:

      630.273  1.  The board may issue a certificate to an applicant who is qualified under the regulations of the board to perform medical services under the supervision of a supervising physician. The application for a certificate as a physician’s assistant must include the social security number of the applicant and be cosigned by the supervising physician . [, and the] The certificate is valid only [so] as long as that supervising physician employs and supervises the physician’s assistant.

      2.  A supervising physician shall not cosign for, employ or supervise more than one physician’s assistant at the same time, except that in a township whose population is less than 16,000, he may supervise two physician’s assistants at the same time.

      Sec. 255.  NRS 630.288 is hereby amended to read as follows:

      630.288  1.  Each holder of a license to practice medicine must , [pay to the secretary-treasurer of the board] on or before July 1 of each alternate year :

      (a) Submit the statement required pursuant to section 249 of this act; and

      (b) Pay to the secretary-treasurer of the board the applicable fee for biennial registration. This fee must be collected for the period for which a physician is licensed.

      2.  When a holder of a license fails to pay the fee for biennial registration and submit the statement required pursuant to section 249 of this act after [it becomes] they become due, his license to practice medicine in this state is automatically suspended. The holder may, within 2 years after the date his license is suspended, upon payment of twice the amount of the current fee for biennial registration to the secretary-treasurer [,] and submission of the statement required pursuant to section 249 of this act, and after he is found to be in good standing and qualified under the provisions of this chapter, be reinstated to practice.


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ê1997 Statutes of Nevada, Page 2121 (Chapter 483, SB 356)ê

 

after he is found to be in good standing and qualified under the provisions of this chapter, be reinstated to practice.

      3.  The board shall notify a licensee:

      (a) At least once that his fee for biennial registration [is] and the statement required pursuant to section 249 of this act are due; and

      (b) That his license is suspended . [for nonpayment of the fee.]

A copy of this notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

      Sec. 256.  (Deleted by amendment.)

      Sec. 257.  Chapter 630A of NRS is hereby amended by adding thereto the provisions set forth as sections 258, 259 and 260 of this act.

      Sec. 258.  1.  An applicant for the issuance or renewal of a license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 259.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, the board shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2122 (Chapter 483, SB 356)ê

 

subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to practice homeopathic medicine or a certificate to practice as an advanced practitioner of homeopathy or a homeopathic assistant that has been suspended by a district court pursuant to section 3.4 of this act if:

      (a) The board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act; and

      (b) The person whose license or certificate was suspended pays the fee prescribed in NRS 630A.330 for the reinstatement of a suspended license or certificate.

      Sec. 260.  An application for the issuance of a license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant must include the social security number of the applicant.

      Secs. 261 and 262.  (Deleted by amendment.)

      Sec. 263.  NRS 630A.325 is hereby amended to read as follows:

      630A.325  1.  To renew a license other than a temporary, special or limited license issued pursuant to this chapter, each person must, on or before January 1 of each year:

      (a) Apply to the board for renewal;

      (b) Submit the statement required pursuant to section 258 of this act;

      (c) Pay the annual fee for renewal set by the board; and

      [(c)](d) Submit evidence to the board of his completion of the requirements for continuing education.

      2.  The board shall, as a prerequisite for the renewal or restoration of a license other than a temporary, special or limited license, require each holder of a license to comply with the requirements for continuing education adopted by the board.

      3.  Any holder [failing] who fails to pay the annual fee for renewal and submit the statement required pursuant to section 258 of this act after [it becomes] they become due must be given a period of 60 days in which to pay the fee [,] and submit the statement, and, failing to do so, automatically forfeits his right to practice homeopathic medicine, and his license to practice homeopathic medicine in [Nevada] this state is automatically suspended. The holder may, within 2 years after the date his license is suspended, apply for the restoration of his license.

      4.  The board shall notify any holder whose license is automatically suspended [for nonpayment of the annual fee for renewal] pursuant to subsection 3 and send a copy of the notice to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

      Sec. 264.  (Deleted by amendment.)


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ê1997 Statutes of Nevada, Page 2123 (Chapter 483, SB 356)ê

 

      Sec. 265.  Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 266 and 267 of this act.

      Sec. 266.  1.  An applicant for the issuance or renewal of a license to practice dentistry or dental hygiene shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license to practice dentistry or dental hygiene may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 267.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice dentistry or dental hygiene, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to practice dentistry or dental hygiene that has been suspended by a district court pursuant to section 3.4 of this act if:

      (a) The board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act; and

      (b) The person whose license was suspended pays the fee imposed pursuant to NRS 631.345 for the reinstatement of a suspended license.


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ê1997 Statutes of Nevada, Page 2124 (Chapter 483, SB 356)ê

 

      Sec. 268.  NRS 631.220 is hereby amended to read as follows:

      631.220  1.  Every applicant for a license to practice dental hygiene or dentistry, or any of its special branches, shall:

      [1.](a) File an application with the board 45 days before the date on which the examination is to be given.

      [2.](b) Accompany the application with a recent photograph of himself together with the required examination fee and such other documentation as the board may require by regulation.

      [3.](c) Submit with the application a complete set of fingerprints and written permission authorizing the board to forward the fingerprints to the Federal Bureau of Investigation for its report.

      2.  An application must include the social security number of the applicant.

      Sec. 269.  NRS 631.330 is hereby amended to read as follows:

      631.330  1.  Licenses must be renewed annually. Each holder of a license to practice dentistry or dental hygiene must, upon [payment] :

      (a) Submission of the statement required pursuant to section 266 of this act;

      (b) Payment of the required fee ; and [submission]

      (c) Submission of proof of completion of the required continuing education,

be granted a renewal certificate which will authorize continuation of the practice for 1 year.

      2.  [The annual renewal fee must be paid, and proof of continuing education submitted] A licensee must comply with the provisions of subsection 1 on or before June 30. Failure to [pay the fee or submit the proof to the board] comply with the provisions of subsection 1 by June 30 of each year automatically suspends the license , and it may be reinstated only upon payment of the fee for reinstatement in addition to the [annual fee due and submission of proof of the required continuing education.] requirements of subsection 1.

      3.  If a license suspended pursuant to this section is not reinstated within 12 months after suspension, it is automatically revoked.

      Sec. 270.  (Deleted by amendment.)

      Sec. 271.  Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 272, 273 and 274 of this act.

      Sec. 272.  1.  An applicant for the issuance or renewal of a license or certificate pursuant to this chapter shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license or certificate may not be issued or renewed by the board pursuant to this chapter if the applicant:

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


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ê1997 Statutes of Nevada, Page 2125 (Chapter 483, SB 356)ê

 

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

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

      Sec. 273.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license or certificate issued pursuant to this chapter, the board shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license or certificate issued pursuant to this chapter that has been suspended by a district court pursuant to section 3.4 of this act if:

      (a) The board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act; and

      (b) The person whose license or certificate was suspended pays the fee established by the board pursuant to NRS 632.341.

      Sec. 274.  An application for the issuance of a license or certificate pursuant to this chapter must include the social security number of the applicant.

      Sec. 275.  NRS 632.341 is hereby amended to read as follows:

      632.341  1.  Every nurse licensed under the provisions of this chapter must renew his license biennially on a date or according to a schedule of dates prescribed by regulation of the board. If the date or schedule is changed, the board may prorate the required fee.

      2.  A licensee who fails to renew his license may have his license reinstated by completing an application for renewal , submitting the statement required pursuant to section 272 of this act and payment of the reinstatement fee in addition to the renewal fee.

      3.  Upon written request to the board, a licensee in good standing may cause his name and license to be transferred to an inactive list, and the licensee may not practice nursing during the time the license is inactive and no renewal fee accrues.


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ê1997 Statutes of Nevada, Page 2126 (Chapter 483, SB 356)ê

 

no renewal fee accrues. If an inactive licensee desires to resume the practice of nursing, the board, except as otherwise provided in subsection 4, shall renew the license upon demonstration, if deemed necessary by the board, that the licensee is then qualified and competent to practice, and upon completion of an application and payment of the current fee for biennial renewal of the license.

      4.  The board may:

      (a) Issue a temporary license to an applicant for the renewal or reinstatement of his license pending final action by the board upon the application.

      (b) After a hearing, refuse to renew or reinstate the license of any person who, at any time since the most recent renewal of his license or the issuance of his original license if it has not been renewed, has been out of compliance with the requirements of this chapter.

      Sec. 276.  NRS 632.342 is hereby amended to read as follows:

      632.342  1.  The certificate of a nursing assistant must be renewed biennially on the date of the certificate holder’s birthday.

      2.  The board shall renew a certificate if the applicant:

      (a) Submits a completed written application and the fee required by this chapter;

      (b) Submits documentation of completion of continuing training, as required by the board, in the previous 24 months;

      (c) Submits the statement required pursuant to section 272 of this act;

      (d) Has not committed any acts which are grounds for disciplinary action, unless the board determines that sufficient restitution has been made or the act was not substantially related to nursing; and

      [(d)](e) Submits documentation of employment as a nursing assistant during the 2 years immediately preceding the date of the renewal.

The training program completed pursuant to paragraph (b) must be approved by the board.

      3.  Failure to renew the certificate results in forfeiture of the right to practice unless the nursing assistant qualifies for the issuance of a new certificate.

      4.  Renewal of a certificate becomes effective on the date on which [the] :

      (a) The application is filed ;

      (b) The statement required pursuant to section 272 of this act is submitted; or [the]

      (c) The date on which the renewal fee is paid,

whichever [is the later.] occurs latest.

      Sec. 277.  (Deleted by amendment.)

      Sec. 278.  Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 279 and 280 of this act.

      Sec. 279.  1.  An applicant for the issuance or renewal of a license to practice osteopathic medicine shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.


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ê1997 Statutes of Nevada, Page 2127 (Chapter 483, SB 356)ê

 

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

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

      (b) A separate form prescribed by the board.

      3.  A license to practice osteopathic medicine may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 280.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice osteopathic medicine, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to practice osteopathic medicine that has been suspended by a district court pursuant to section 3.4 of this act if:

      (a) The board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act; and

      (b) The person whose license was suspended pays the fee for late payment prescribed in NRS 633.501.

      Sec. 281.  NRS 633.311 is hereby amended to read as follows:

      633.311  Except as otherwise provided in NRS 633.315, an applicant for a license to practice osteopathic medicine may be issued a license by the board if he:

      1.  Is 21 years of age or older;

      2.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States;


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ê1997 Statutes of Nevada, Page 2128 (Chapter 483, SB 356)ê

 

      3.  Is a graduate of a school of osteopathic medicine;

      4.  Has completed:

      (a) A hospital internship;

      (b) Three years of graduate education as a resident in the United States or Canada in a program approved by the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or

      (c) Postgraduate training in the United States or Canada approved by the board, the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education;

      5.  Applies for the license as provided by law;

      6.  Passes the examination prescribed by the board; [and]

      7.  Submits the statement required pursuant to section 279 of this act; and

      8.  Pays the fees provided for in this chapter.

      Sec. 282.  NRS 633.321 is hereby amended to read as follows:

      633.321  1.  Every applicant for a license shall:

      (a) File an application with the board in the manner prescribed by regulations of the board;

      (b) Submit verified proof satisfactory to the board that he meets the age, citizenship and educational requirements prescribed by this chapter; and

      (c) Pay in advance to the board the initial license fee specified in this chapter.

      2.  An application filed with the board pursuant to subsection 1 must include the social security number of the applicant.

      3.  The board may hold hearings and conduct investigations into any matter related to the application and , in addition to the proofs required by subsection 1 , may take such further evidence and require such other documents or proof of qualifications as it deems proper.

      [3.]4.  The board may reject an application if it appears that any credential submitted is false.

      Sec. 283.  NRS 633.471 is hereby amended to read as follows:

      633.471  1.  Except as otherwise provided in subsection 3 and in NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew his license on or before January 1 of each calendar year after its issuance by:

      (a) Applying for renewal on forms provided by the board;

      (b) Submitting the statement required pursuant to section 279 of this act;

      (c) Paying the annual license renewal fee specified in this chapter; and

      [(c)](d) Submitting verified evidence satisfactory to the board that in the year preceding the application for renewal he has attended courses or programs of continuing education approved by the board totaling a number of hours established by the board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association.

      2.  The secretary of the board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.


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ê1997 Statutes of Nevada, Page 2129 (Chapter 483, SB 356)ê

 

      3.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

      Sec. 284.  NRS 633.481 is hereby amended to read as follows:

      633.481  1.  Except as otherwise provided in subsection 2, if a licensee fails to comply with the requirements of NRS 633.471 within 30 days after the renewal date, the board shall give 30 days’ notice of failure to renew and of revocation of license by certified mail to the licensee at his last address registered with the board. If the license is not renewed before the expiration of the 30 days’ notice, the license is automatically revoked without any further notice or a hearing and the board shall file a copy of the notice with the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

      2.  A licensee who fails to meet the continuing education requirements for license renewal may apply to the board for a waiver of the requirements. The board may grant a waiver for that year only if it finds that the failure is due to the licensee’s disability, military service or absence from the United States, or to circumstances beyond the control of the licensee which are deemed by the board to excuse the failure.

      3.  A person whose license is revoked under this section may apply to the board for restoration of his license upon:

      (a) Payment of all past due renewal fees and the late payment fee specified in this chapter;

      (b) Submission of the statement required pursuant to section 279 of this act;

      (c) Producing verified evidence satisfactory to the board of completion of the total number of hours of continuing education required for the year preceding the renewal date and for each year succeeding the date of revocation; and

      [(c)](d) Stating under oath in writing that he has not withheld information from the board which if disclosed would furnish grounds for disciplinary action under this chapter.

      Sec. 285.  (Deleted by amendment.)

      Sec. 286.  Chapter 634 of NRS is hereby amended by adding thereto the provisions set forth as sections 287 and 288 of this act.

      Sec. 287.  1.  An applicant for the issuance or renewal of a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license to practice chiropractic or a certificate to practice as a chiropractor’s assistant may not be issued or renewed by the board if the applicant:

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


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ê1997 Statutes of Nevada, Page 2130 (Chapter 483, SB 356)ê

 

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

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

      Sec. 288.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant, the board shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant that has been suspended by a district court pursuant to section 3.4 of this act if:

      (a) The board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act; and

      (b) The person whose license or certificate was suspended pays the fee prescribed by the board pursuant to NRS 634.135 for the reinstatement of a suspended license or certificate.

      Sec. 289.  NRS 634.080 is hereby amended to read as follows:

      634.080  1.  An applicant for examination must file an application not less than 60 days before the date of the examination.

      2.  An application must be filed with the secretary of the board on a form to be furnished by the secretary.

      3.  An application must be verified and must state:

      (a) When and where the applicant was born, the various places of his residence during the 5 years immediately preceding the making of the application and the address to which he wishes the department to mail his license.

      (b) The name, age , social security number and sex of the applicant.


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ê1997 Statutes of Nevada, Page 2131 (Chapter 483, SB 356)ê

 

      (c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 5 years immediately preceding the making of the application.

      (d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state and, if so, when and where and the results of the application.

      (e) Whether the applicant is a citizen of the United States or lawfully entitled to remain and work in the United States.

      (f) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state and, if so, whether any discharge, dismissal, disciplinary or other similar proceedings have ever been instituted against him. Such an applicant must also attach a certificate of the secretary of the chiropractic board of the state in which the applicant was last licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting his standing as a chiropractor are undisposed of and pending.

      (g) The applicant’s general and chiropractic education, including the schools attended and the time of attendance at each school, and whether he is a graduate of any school or schools.

      (h) The names of:

             (1) Two persons who have known the applicant for at least 3 years; and

             (2) A person who is a chiropractor licensed pursuant to the provisions of this chapter or a professor at a school of chiropractic.

      Sec. 290.  NRS 634.123 is hereby amended to read as follows:

      634.123  1.  The board may issue a certificate to a properly qualified applicant to perform ancillary services relating to chiropractic, other than chiropractic adjustment, under the supervision of a chiropractor. The board shall specify the formal training, including at least 12 months of study or the equivalent, which such an applicant must have completed before the board awards him a certificate as a chiropractor’s assistant.

      2.  An application for the issuance of a certificate as a chiropractor’s assistant must include the social security number of the applicant.

      Sec. 291.  NRS 634.130 is hereby amended to read as follows:

      634.130  1.  Licenses and certificates must be renewed annually. Each person who is licensed pursuant to the provisions of this chapter must, upon the payment of the required renewal fee [,] and the submission of the statement required pursuant to section 287 of this act, be granted a renewal certificate which authorizes him to continue to practice for 1 year.

      2.  [Each] The renewal fee must be paid and the statement must be submitted to the board on or before January 1 of the year to which it applies.

      3.  Except as otherwise provided in subsection 4, a licensee in active practice within this state must submit satisfactory proof to the board that he has attended at least 12 hours of continuing education which is approved or endorsed by the board, with the exception of a licensee who has reached the age of 70 years. Two hours of the continuing education must be obtained in a topic specified by the board. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from a serious or disabling illness or physical disability which prevented him from completing the requirements for continuing education during the 12 months immediately preceding the renewal date of his license.


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ê1997 Statutes of Nevada, Page 2132 (Chapter 483, SB 356)ê

 

of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from a serious or disabling illness or physical disability which prevented him from completing the requirements for continuing education during the 12 months immediately preceding the renewal date of his license.

      4.  A licensee is not required to comply with the requirements of subsection 3 until the calendar year after the year the board issues to him an initial license to practice as a chiropractor in this state.

      5.  If a licensee fails to [pay] :

      (a) Pay his renewal fee by January 1 [, fails to submit] ;

      (b) Submit the statement required pursuant to section 287 of this act by January 1;

      (c) Submit proof of continuing education pursuant to subsection 3 ; or [fails to notify]

      (d) Notify the board of a change in the location of his office pursuant to NRS 634.129,

his license is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

      6.  If a holder of a certificate as a chiropractor’s assistant fails to [pay] :

      (a) Pay his renewal fee by January 1 [or fails to notify] ;

      (b) Submit the statement required pursuant to section 287 of this act by January 1; or

      (c) Notify the board of a change in the location of his office pursuant to NRS 634.129,

his certificate is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

      Sec. 292.  (Deleted by amendment.)

      Sec. 293.  Chapter 634A of NRS is hereby amended by adding thereto the provisions set forth as sections 294 and 295 of this act.

      Sec. 294.  1.  An applicant for the issuance or renewal of a license issued pursuant to this chapter shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license may not be issued or renewed by the board pursuant to this chapter if the applicant:

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

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


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ê1997 Statutes of Nevada, Page 2133 (Chapter 483, SB 356)ê

 

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

      Sec. 295.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to this chapter, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license issued pursuant to this chapter that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 296.  NRS 634A.110 is hereby amended to read as follows:

      634A.110  1.  An applicant for examination for a license to practice Oriental medicine or any branch thereof, shall:

      [1.](a) Submit an application to the board on forms provided by the board;

      [2.](b) Submit satisfactory evidence that he is 21 years or older and meets the appropriate educational requirements;

      [3.](c) Pay a fee established by the board of not more than $1,000; and

      [4.](d) Pay any fees required by the board for an investigation of the applicant or for the services of a translator, if the translator is required to enable the applicant to take the examination.

      2.  An application submitted to the board pursuant to subsection 1 must include the social security number of the applicant.

      Sec. 297.  NRS 634A.160 is hereby amended to read as follows:

      634A.160  1.  Every license must be displayed in the office, place of business or place of employment of the holder thereof.

      2.  Every person holding a license shall pay to the board on or before February 1 of each year, the annual registration fee required pursuant to subsection 4. The holder of a license shall submit with the registration fee the statement required pursuant to section 294 of this act. If the holder of a license fails to pay the registration fee or submit the statement, his license must be suspended. The license may be reinstated by payment of the required fee and submission of the statement within 90 days after February 1.


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ê1997 Statutes of Nevada, Page 2134 (Chapter 483, SB 356)ê

 

required fee and submission of the statement within 90 days after February 1.

      3.  A license which is suspended for more than 3 months under the provisions of subsection 2 may be canceled by the board after 30 days’ notice to the holder of the license.

      4.  The annual registration fees must be prescribed annually by the board and must not exceed $1,000.

      Sec. 298.  NRS 634A.167 is hereby amended to read as follows:

      634A.167  1.  To renew a license issued pursuant to this chapter, each person must, on or before February 1 of each year:

      (a) Apply to the board for renewal;

      (b) Submit the statement required pursuant to section 294 of this act;

      (c) Pay the annual fee for registration prescribed by the board; and

      [(c)](d) Submit evidence to the board of his completion of the requirements for continuing education.

      2.  The board shall, as a prerequisite for the renewal or reinstatement of a license, require each holder of a license to comply with the requirements for continuing education adopted by the board.

      Sec. 299.  Chapter 635 of NRS is hereby amended by adding thereto the provisions set forth as sections 300, 301 and 302 of this act.

      Sec. 300.  1.  An applicant for the issuance or renewal of a license to practice podiatry or to practice as a podiatry hygienist shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license to practice podiatry or to practice as a podiatry hygienist may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 301.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice podiatry or to practice as a podiatry hygienist, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2135 (Chapter 483, SB 356)ê

 

practice as a podiatry hygienist, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to practice podiatry or to practice as a podiatry hygienist that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 302.  An application for the issuance of a license to practice podiatry or to practice as a podiatry hygienist must include the social security number of the applicant.

      Sec. 303.  NRS 635.050 is hereby amended to read as follows:

      635.050  1.  Any person desiring to practice podiatry in this state must furnish the board with satisfactory proof that he:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Has received the degree of D.P.M. (Doctor of Podiatric Medicine) from an accredited school of podiatry.

      (d) Has completed a residency approved by the board.

      (e) Has passed the examination given by the National Board of Podiatry Examiners.

      (f) Has not committed any act described in subsection 2 of NRS 635.130. For the purposes of this paragraph, an affidavit signed by the applicant stating that he has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.

      2.  An applicant is entitled to be examined by the board or a committee thereof pursuant to such regulations as the board may adopt if he:

      (a) Pays the fee for an application for a license of not more than $600;

      (b) Pays the fee for the examination for a license of not more than $200; [and]

      (c) Submits the statement required pursuant to section 300 of this act; and

      (d) Submits proof satisfactory to the board as required by subsection 1.

The board shall, by regulation, establish the fees required to be paid pursuant to this subsection.

      3.  The board may reject an application if it appears that the applicant’s credentials are fraudulent or the applicant has practiced podiatry without a license or committed any act described in subsection 2 of NRS 635.130.

      4.  The board may require such further documentation or proof of qualification as it may deem proper.


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ê1997 Statutes of Nevada, Page 2136 (Chapter 483, SB 356)ê

 

      Sec. 304.  NRS 635.093 is hereby amended to read as follows:

      635.093  1.  Any person desiring to be licensed as a podiatry hygienist in this state must furnish the board with satisfactory proof that he:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Has satisfactorily completed a course for podiatry hygienists approved by the board or has had 6 months or more of training in a podiatric physician’s office as approved by the board.

      2.  Upon payment of a fee, not exceeding $100, which must be established by regulation of the board, submitting the statement required pursuant to section 300 of this act and presenting satisfactory proof as required by subsection 1, an applicant, not exempted under subsection 3, must be examined by the board or a committee thereof under such regulations as the board may adopt.

      3.  The board may, without examination, admit to practice as a podiatry hygienist a person who is employed by a podiatric physician and is:

      (a) A registered nurse; or

      (b) A licensed practical nurse whom the board or any of its members have interviewed and observed in the use of practical skills.

      Sec. 305.  NRS 635.110 is hereby amended to read as follows:

      635.110  1.  A license issued under the provisions of this chapter expires on October 31 of each year. A license may be renewed before its expiration upon presentation of proof of:

      (a) Completion of the hours of continuing education required pursuant to NRS 635.115;

      (b) Current certification in the techniques of administering cardiopulmonary resuscitation; [and]

      (c) Submission of the statement required pursuant to section 300 of this act; and

      (d) Payment of a renewal fee in an amount not to exceed $600 for a podiatric physician and not to exceed $100 for a podiatry hygienist. The board shall , by regulation , establish the amount of each fee.

      2.  A license which is not renewed by October 31 of each year is delinquent. A delinquent license may be reinstated, at the discretion of the board, upon payment of the appropriate annual renewal fee and an additional annual fee for delinquency in an amount established by the board.

      Sec. 306.  (Deleted by amendment.)

      Sec. 307.  Chapter 636 of NRS is hereby amended by adding thereto the provisions set forth as sections 308, 309 and 310 of this act.

      Sec. 308.  1.  An applicant for the issuance or renewal of a license to practice optometry shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.


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ê1997 Statutes of Nevada, Page 2137 (Chapter 483, SB 356)ê

 

      3.  A license to practice optometry may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 309.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice optometry, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to practice optometry that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 310.  An application for the issuance of a license to practice optometry must include the social security number of the applicant.

      Sec. 311.  NRS 636.215 is hereby amended to read as follows:

      636.215  The board shall execute a license for each person who has satisfied the requirements of NRS 636.150 [.] and section 308 of this act. A license must:

      1.  Certify that the licensee has been examined and found qualified to practice optometry in this state; and

      2.  Be signed by each member of the board.

      Sec. 312.  NRS 636.265 is hereby amended to read as follows:

      636.265  Upon submission of the statement required pursuant to section 308 of this act, payment of the renewal fee and submission of evidence of completion of the required number of hours of continuing education, the executive director shall execute and issue a renewal card for the license to the licensee, certifying that his license has been renewed for a 12-month period beginning March 1 of each year. The renewal card must indicate the address of the place of the licensee’s practice for which the card is issued and be displayed prominently at that location.


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ê1997 Statutes of Nevada, Page 2138 (Chapter 483, SB 356)ê

 

address of the place of the licensee’s practice for which the card is issued and be displayed prominently at that location. The renewal card must be signed by the executive director and sealed with the seal of the board.

      Sec. 313.  NRS 636.275 is hereby amended to read as follows:

      636.275  1.  A license which has been suspended for failure of the licensee to pay the annual renewal fee or to submit the statement required pursuant to section 308 of this act may be restored at any time during the calendar year upon the licensee:

      (a) Submitting the statement required pursuant to section 308 of this act;

      (b) Paying the annual fee; and

      [(b)](c) Paying the executive director a nonrenewal penalty in the amount prescribed by NRS 636.285.

      2.  A license which has been suspended for failure of the licensee to submit evidence of completion of the required number of hours of continuing education may be restored upon the licensee completing the continuing education, if such completion occurs during the calendar year in which the suspension has occurred.

      3.  Any license suspended pursuant to the provisions of NRS 636.270 must be revoked at the end of the calendar year during which it was suspended unless the license is restored pursuant to subsection 1 or 2.

      Sec. 314.  NRS 636.340 is hereby amended to read as follows:

      636.340  [On] Unless a license is suspended pursuant to section 3.4 of this act, on or after the expiration of 6 months following the revocation or suspension of a license, an application may be made for the restoration of the license and the board may, in the exercise of reasonable discretion, restore the license absolutely or upon specified conditions.

      Sec. 315.  Chapter 637 of NRS is hereby amended by adding thereto the provisions set forth as sections 316 and 317 of this act.

      Sec. 316.  1.  An applicant for the issuance or renewal of a license as a dispensing optician or apprentice dispensing optician shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license as a dispensing optician or apprentice dispensing optician may not be issued or renewed by the board if the applicant:

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

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

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


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ê1997 Statutes of Nevada, Page 2139 (Chapter 483, SB 356)ê

 

attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 317.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is licensed as a dispensing optician or apprentice dispensing optician, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license as a dispensing optician or apprentice dispensing optician that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 318.  NRS 637.110 is hereby amended to read as follows:

      637.110  1.  An application for the issuance of a license as a dispensing optician or apprentice dispensing optician must include the social security number of the applicant.

      2.  An application must be accompanied by [a] :

      (a) The statement required pursuant to section 316 of this act; and

      (b) A fee of not more than $250 to cover the cost of the examination by the board and the initial licensing.

      [2.]3.  The board shall, if it approves an application, examine the applicant in ophthalmic dispensing, except that the board may waive the examination of an applicant who is, at the time of application, licensed as a dispensing optician in another state.

      [3.]4.  To pass the examination, an applicant must achieve a score of at least 70 percent.

      Sec. 319.  NRS 637.123 is hereby amended to read as follows:

      637.123  1.  The license of each apprentice dispensing optician must expire on January 31 of each year. A license may be renewed before expiration upon submission of the statement required pursuant to section 316 of this act and payment of the annual renewal fee set by the board, not to exceed $200.

      2.  The license of an apprentice dispensing optician that is not renewed before January 31 is delinquent. A delinquent license may be reinstated at the discretion of the board upon submission of the statement required pursuant to section 316 of this act and payment of each applicable annual renewal fee and an annual delinquency fee established by the board, not to exceed $100.


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ê1997 Statutes of Nevada, Page 2140 (Chapter 483, SB 356)ê

 

      3.  The board may by regulation require continuing education as a prerequisite to the renewal of the license of an apprentice dispensing optician.

      Sec. 320.  NRS 637.140 is hereby amended to read as follows:

      637.140  1.  A license issued under the provisions of this chapter expires on January 31 of each year.

      2.  A license may be renewed before its expiration upon [presentation] :

      (a) Presentation of proof of completion of the continuing education required by NRS 637.135 ;

      (b) Submission of the statement required pursuant to section 316 of this act; and [payment]

      (c) Payment of a renewal fee set by the board of not more than $200.

      3.  Except as otherwise provided in subsection [3,] 4, any license which is not renewed before January 31 of each year shall be deemed delinquent. A delinquent license may be reinstated, at the discretion of the board, upon payment of each applicable annual renewal fee in addition to the annual delinquency fee set by the board of not more than $500.

      [3.]4.  Upon written request to the board, and payment of a fee not to exceed $150, a licensee in good standing may have his name and license transferred to an inactive list. Such a licensee shall not practice ophthalmic dispensing during the time the license is inactive. If an inactive licensee desires to resume the practice of ophthalmic dispensing, the board shall reactivate the license upon the:

      (a) Demonstration if deemed necessary by the board that the licensee is then qualified and competent to practice;

      (b) Completion of an application; [and]

      (c) Submission of the statement required pursuant to section 316 of this act; and

      (d) Payment of the current fee for renewal of the license.

Payment of the delinquency fee and the renewal fee for any year while the license was inactive is not required.

      Sec. 321.  Chapter 637A of NRS is hereby amended by adding thereto the provisions set forth as sections 322 and 323 of this act.

      Sec. 322.  1.  An applicant for an examination as a hearing aid specialist, the renewal of a license as a hearing aid specialist or the issuance or renewal of a license as an apprentice to a hearing aid specialist shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license as a hearing aid specialist or an apprentice to a hearing aid specialist may not be issued or renewed by the board if the applicant:

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

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


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ê1997 Statutes of Nevada, Page 2141 (Chapter 483, SB 356)ê

 

with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

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

      Sec. 323.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice as a hearing aid specialist or an apprentice to a hearing aid specialist, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to practice as a hearing aid specialist or an apprentice to a hearing aid specialist that has been suspended by a district court pursuant to section 3.4 of this act if:

      (a) The board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act; and

      (b) The person whose license was suspended pays the fee established by the board pursuant to NRS 637A.210 for the reinstatement of a license.

      Sec. 324.  NRS 637A.130 is hereby amended to read as follows:

      637A.130  1.  An application for an examination must be filed in writing with the board at least 60 days before the meeting of the board immediately preceding the examination, and be accompanied by the application fee prescribed in NRS 637A.210.

      2.  The application must include the social security number of the applicant.

      Sec. 325.  NRS 637A.160 is hereby amended to read as follows:

      637A.160  1.  Subject to the provisions of NRS 637A.170, any person who intends to commence business as a hearing aid specialist [shall] must comply with the following requirements:

      (a) Make application for examination.

      (b) Take and pass the examination.

      (c) Submit the statement required pursuant to section 322 of this act.

      (d) Pay the prescribed fees, including the annual license fee and the initial license fee prescribed in NRS 637A.210.


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ê1997 Statutes of Nevada, Page 2142 (Chapter 483, SB 356)ê

 

      2.  The license [shall] must be issued and delivered by the secretary to the licensee therein named upon compliance by the licensee with the requirements prescribed in subsection 1.

      Sec. 326.  NRS 637A.200 is hereby amended to read as follows:

      637A.200  1.  Licenses expire on June 30 next following the date of issuance.

      2.  A licensee may have his license renewed for 1 year beginning on July 1, by:

      (a) Submitting the statement required pursuant to section 322 of this act;

      (b) Showing that he has fulfilled any requirements established by the board for continuing education; and

      [(b)](c) Paying the annual license fee.

      3.  A licensee who [has failed] fails to pay the annual license fee or submit the statement required pursuant to section 322 of this act may have his license renewed without examination within 5 years after the date of expiration by:

      (a) Complying with the requirements of subsection 2; and

      (b) Paying the lapsed renewal fee in addition to the annual license fee.

      Sec. 327.  NRS 637A.220 is hereby amended to read as follows:

      637A.220  1.  A licensed hearing aid specialist who:

      (a) Has engaged in the practice of fitting and dispensing hearing aids for at least 3 years; and

      (b) Has obtained the approval of the board,

may employ any person 21 years of age or over to assist him in the business of a hearing aid specialist if the person is licensed by the board as an apprentice to a hearing aid specialist.

      2.  An applicant for licensure as an apprentice must submit to the board an application in the form adopted by the board and the applicable fees. The application must include the social security number of the applicant.

      Sec. 328.  Chapter 637B of NRS is hereby amended by adding thereto the provisions set forth as sections 329, 330 and 331 of this act.

      Sec. 329.  1.  An applicant for the issuance or renewal of a license to engage in the practice of audiology or speech pathology shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license to engage in the practice of audiology or speech pathology may not be issued or renewed by the board if the applicant:

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

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


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ê1997 Statutes of Nevada, Page 2143 (Chapter 483, SB 356)ê

 

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

      Sec. 330.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to engage in the practice of audiology or speech pathology, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to engage in the practice of audiology or speech pathology that has been suspended by a district court pursuant to section 3.4 of this act if:

      (a) The board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act; and

      (b) The person whose license was suspended pays any fees imposed by the board pursuant to NRS 637B.230 for the reinstatement of a license.

      Sec. 331.  An application for the issuance of a license to engage in the practice of audiology or speech pathology must include the social security number of the applicant.

      Sec. 332.  NRS 637B.160 is hereby amended to read as follows:

      637B.160  1.  An applicant for a license to engage in the practice of audiology or speech pathology must be issued a license by the board if he:

      (a) Is over the age of 21 years;

      (b) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

      (c) Is of good moral character;

      (d) Meets the requirements for education or training and experience provided by subsection 2;

      (e) Has completed at least 300 clock hours of supervised clinical experience in audiology or speech pathology, or both;

      (f) Applies for the license in the manner provided by the board;

      (g) Submits the statement required pursuant to section 329 of this act;

      (h) Passes any examination required by this chapter; and

      [(h)](i) Pays the fees provided for in this chapter.

      2.  An applicant must possess a master’s degree in audiology or in speech pathology from an accredited educational institution or possess equivalent training and experience.


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ê1997 Statutes of Nevada, Page 2144 (Chapter 483, SB 356)ê

 

equivalent training and experience. If he seeks to qualify on the basis of equivalent training and experience, the applicant must submit to the board satisfactory evidence that he has obtained at least 60 semester credits, or equivalent quarter credits, in courses related to the normal development, function and use of speech and language or hearing, including , but not limited to , the management of disorders of speech or hearing and the legal, professional and ethical practices of audiology or speech pathology. At least 24 of the 60 credits, excluding any credits obtained for a thesis or dissertation, must have been obtained for courses directly relating to audiology or speech pathology.

      Sec. 333.  NRS 637B.210 is hereby amended to read as follows:

      637B.210  1.  All licenses [,] issued pursuant to this chapter, except a temporary license, expire on December 31 of each year.

      2.  Each holder of a license to practice audiology or speech pathology, except a temporary license, who meets the requirements for continuing education prescribed by the board may renew his license before its expiration upon submission of the statement required pursuant to section 329 of this act and payment of the fee for annual renewal of a license.

      3.  If a licensee fails to submit the statement required pursuant to section 329 of this act or pay the fee for annual renewal of his license before its expiration, his license may be renewed only upon the payment of the reinstatement fee in addition to the renewal fee. A license may be renewed pursuant to this subsection only if all fees are paid and the statement required pursuant to section 329 of this act is submitted within 3 years after the license has expired.

      4.  A licensee who wishes to have his license reinstated must prove to the satisfaction of the board that he has met the requirements for continuing education prescribed by the board for the period during which his license was expired.

      Sec. 334.  Chapter 638 of NRS is hereby amended by adding thereto the provisions set forth as sections 335 and 336 of this act.

      Sec. 335.  1.  An applicant for the issuance or renewal of a license to practice as a veterinarian, euthanasia technician or veterinary technician shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license to practice as a veterinarian, euthanasia technician or veterinary technician may not be issued or renewed by the board if the applicant:

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

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


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ê1997 Statutes of Nevada, Page 2145 (Chapter 483, SB 356)ê

 

agency enforcing the order for the repayment of the amount owed pursuant to the order.

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

      Sec. 336.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice as a veterinarian, euthanasia technician or veterinary technician, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to practice as a veterinarian, euthanasia technician or veterinary technician that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 337.  NRS 638.100 is hereby amended to read as follows:

      638.100  1.  Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada must make written application to the executive director of the board.

      2.  The application must include the social security number of the applicant and any other information required by the board and must be accompanied by satisfactory proof that the applicant:

      (a) Is of good moral character;

      (b) Except as otherwise provided in subsection 3, has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a school of veterinary medicine within the United States or Canada or, if the applicant is a graduate of a school of veterinary medicine located outside the United States or Canada, that he has received an educational certificate issued after December 31, 1972, by the Educational Committee on Foreign Veterinary Graduates of the American Veterinary Medical Association;

      (c) Has passed each examination required by the board pursuant to NRS 638.110; and

      (d) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.


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ê1997 Statutes of Nevada, Page 2146 (Chapter 483, SB 356)ê

 

      3.  A veterinary student in his final year at a school accredited by the American Veterinary Medical Association may submit an application to the board and take the state examination administered by the board, but the board may not issue him a license until he has complied with the requirements of subsection 2.

      4.  The application must be signed by the applicant, notarized and accompanied by a fee set by the board, not to exceed $500.

      5.  The board may refuse to issue a license upon satisfactory proof that the applicant has committed an act which would be a ground for disciplinary action if the applicant were a licensee.

      6.  If an applicant brings a civil action against the board for denial of a license and the decision of the board is upheld, the board may recover all administrative expenses and attorney’s fees and costs incurred by the board in defending the action brought against it.

      Sec. 338.  NRS 638.116 is hereby amended to read as follows:

      638.116  1.  Any person who desires to secure a license as a euthanasia technician must make written application to the executive director of the board.

      2.  The application must be accompanied by satisfactory proof that the applicant:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Is employed by a law enforcement agency, an animal control agency, or by a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.

      (d) Has not been convicted of a felony.

      (e) Has furnished any other information required by the board.

      3.  The application must include the social security number of the applicant and be accompanied by a fee to be set by the board in an amount not to exceed $500.

      Sec. 339.  NRS 638.122 is hereby amended to read as follows:

      638.122  1.  Any person who desires to secure a license as a veterinary technician must make written application to the executive director of the board.

      2.  The application must be accompanied by satisfactory proof that the applicant:

      (a) Is of good moral character.

      (b) Has received a diploma conferring the degree of veterinary technician or its equivalent after having completed a college level course at a school approved by the board.

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (d) Has furnished any other information required by the board.

      3.  The application must include the social security number of the applicant and be accompanied by a fee to be set by the board in an amount not to exceed $500.


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ê1997 Statutes of Nevada, Page 2147 (Chapter 483, SB 356)ê

 

      Sec. 340.  NRS 638.127 is hereby amended to read as follows:

      638.127  1.  On or before November 15 of each year, the executive director shall mail to each person licensed under the provisions of this chapter an application form for the renewal of his license.

      2.  Each applicant for renewal must complete the form and return it to the executive director, accompanied by the statement required pursuant to section 335 of this act, the renewal fee and full payment of all fines which he owes to the board, on or before January 1 of each year. Each application for renewal must be signed by the applicant and notarized. The renewal fee for licensees and persons on inactive status must be in an amount determined by the board.

      3.  Upon receipt of the application and statement and payment of the renewal fee and all fines owed, the board shall issue to that person a certificate of renewal.

      4.  Any person who fails to renew his license on or before March 1 of each year forfeits his license.

      5.  When a person has forfeited his license in the manner provided in subsection 4, the board may reinstate the license and issue a certificate of renewal upon receipt of the statement required pursuant to section 335 of this act and payment of:

      (a) The renewal fee;

      (b) All fines owed; and

      (c) A delinquency penalty of $50 for each month or fraction thereof the license was not renewed after January 1.

      6.  If a licensee does not practice for more than 12 consecutive months, the board may require him to take an examination to determine his competency before renewing his license.

      7.  If a licensee does not renew his license and he is licensed to practice in another state or territory of the United States, the board may not issue him a license to practice in the state by reciprocity. Such a licensee must reinstate his license in the manner prescribed by the board.

      Secs. 341 and 342.  (Deleted by amendment.)

      Sec. 343.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 344, 345 and 346 of this act.

      Sec. 344.  1.  A natural person who applies for the issuance or renewal of a certificate of registration as a pharmacist, an intern pharmacist or supportive personnel or a license issued pursuant to NRS 639.233 shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A certificate of registration as a pharmacist, an intern pharmacist or supportive personnel or a license issued pursuant to NRS 639.233 may not be issued or renewed by the board if the applicant is a natural person who:

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


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ê1997 Statutes of Nevada, Page 3148 (Chapter 483, SB 356)ê

 

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

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

      Sec. 345.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration as a pharmacist, an intern pharmacist or supportive personnel or a license issued pursuant to NRS 639.233, the board shall deem the certificate of registration or license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the certificate of registration or license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate of registration or license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a certificate of registration as a pharmacist, an intern pharmacist or supportive personnel or a license issued pursuant to NRS 639.233 that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate of registration or license was suspended stating that the person whose certificate of registration or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 346.  The application of a natural person who applies for the issuance of a certificate of registration as a pharmacist, an intern pharmacist or supportive personnel or a license issued pursuant to NRS 639.233 must include the social security number of the applicant.

      Sec. 347.  NRS 639.180 is hereby amended to read as follows:

      639.180  1.  A certificate as a registered pharmacist must be issued to each person who the board determines is qualified pursuant to the provisions of NRS 639.120, 639.133 and 639.134. The certificate entitles the person to whom it is issued to practice pharmacy in this state.

      2.  Each person to whom a certificate has been issued may, if his certificate has not been revoked, renew his certificate biennially [upon making application and] by filing an application, paying the renewal fee , [and] complying with the requirement of continuing professional education , if applicable [.]


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ê1997 Statutes of Nevada, Page 2149 (Chapter 483, SB 356)ê

 

if applicable [.] , and, if the applicant is a natural person, submitting the statement required pursuant to section 344 of this act.

      3.  The application for the renewal of the certificate, together with the fee for renewal and the statement must be delivered to the secretary of the board on or before the expiration date of any existing valid certificate or receipt.

      4.  If a certificate is renewed, it must be delivered to the applicant within a reasonable time after receipt of the renewal application and fee.

      5.  The board may refuse to renew a certificate if the applicant has committed any act proscribed by NRS 639.210.

      6.  The board may prorate the required fee for periods of partial biennial registration.

      Sec. 348.  Chapter 640 of NRS is hereby amended by adding thereto the provisions set forth as sections 349 and 350 of this act.

      Sec. 349.  1.  An applicant for the issuance or renewal of a license as a physical therapist or physical therapist’s assistant shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license as a physical therapist or physical therapist’s assistant may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 350.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a physical therapist or physical therapist’s assistant, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 3150 (Chapter 483, SB 356)ê

 

with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license as a physical therapist or physical therapist’s assistant that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 351.  NRS 640.090 is hereby amended to read as follows:

      640.090  Unless he is entitled to licensure under NRS 640.120 or 640.140, a person who desires to be licensed as a physical therapist must:

      1.  Apply to the board, in writing, on a form furnished by the board;

      2.  Include in the application his social security number and evidence, under oath, satisfactory to the board, that he possesses the qualifications required by NRS 640.080 other than having passed the examination;

      3.  Pay to the board at the time of filing his application a fee set by a regulation of the board in an amount [of not more than] not to exceed $300;

      4.  Submit his fingerprints to the board with his application; and

      5.  Submit other documentation and proof the board may require.

      Sec. 352.  NRS 640.150 is hereby amended to read as follows:

      640.150  1.  A license to practice physical therapy expires on July 31 of each year. A physical therapist may renew his license before its expiration upon:

      (a) Presentation of proof of completion of a program of continuing education as required by subsection 3; [and]

      (b) Submission of the statement required pursuant to section 349 of this act; and

      (c) Payment of a renewal fee established by the board.

      2.  A license that is not renewed before July 31 of each year expires. An expired license may be reinstated, at the discretion of the board, upon submission of the statement required pursuant to section 349 of this act and payment of the annual renewal fee and the annual expiration fee established by the board for each year the license is expired.

      3.  The board shall require licensed physical therapists to complete a program of continuing education as a requirement for the renewal of licenses. The board shall, by regulation:

      (a) Prescribe the curriculum;

      (b) Approve the courses of study or training; and

      (c) Establish the fees,

for the program.

      Sec. 353.  NRS 640.250 is hereby amended to read as follows:

      640.250  Unless he is entitled to a license under NRS 640.270, a person who desires to be licensed as a physical therapist’s assistant must:

      1.  Apply to the board, in writing, on a form furnished by the board. The application for licensure as a physical therapist’s assistant must also be signed by the supervising physical therapist of the applicant.


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ê1997 Statutes of Nevada, Page 2151 (Chapter 483, SB 356)ê

 

      2.  Include in the application his social security number and evidence, under oath, satisfactory to the board, that he possesses the qualifications required by NRS 640.230 other than having passed the examination.

      3.  Pay to the board at the time of filing his application a fee set by a regulation of the board in an amount [of not more than] not to exceed $200.

      4.  Submit his fingerprints to the board with his application.

      5.  Submit such documentation and proof as the board may require.

      6.  Pay the fee for examination of the applicant as the board may establish.

      Sec. 354.  NRS 640.280 is hereby amended to read as follows:

      640.280  1.  The license of a physical therapist’s assistant expires on July 31 of each year. A physical therapist’s assistant may renew his license before its expiration upon:

      (a) Presentation of proof of completion of a program of continuing education as required by subsection 3; [and]

      (b) Submission of the statement required pursuant to section 349 of this act; and

      (c) Payment of the renewal fee established by the board.

      2.  A license that is not renewed before July 31 of each year expires. The board may reinstate an expired license upon payment of the annual renewal fee and the annual expiration fee established by the board for each year the license is expired.

      3.  The board shall require each physical therapist’s assistant to complete a program of continuing education as a prerequisite for the renewal of his license. The board shall prescribe the curriculum and approve the courses of study or training for that program.

      Sec. 355.  Chapter 640A of NRS is hereby amended by adding thereto the provisions set forth as sections 356 and 357 of this act.

      Sec. 356.  1.  An applicant for the issuance or renewal of a license as an occupational therapist or occupational therapy assistant shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license as an occupational therapist or occupational therapy assistant may not be issued or renewed by the board if the applicant:

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

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

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


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ê1997 Statutes of Nevada, Page 2152 (Chapter 483, SB 356)ê

 

attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 357.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as an occupational therapist or occupational therapy assistant, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license as an occupational therapist or occupational therapy assistant that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 358.  NRS 640A.140 is hereby amended to read as follows:

      640A.140  1.  A person who desires to be licensed by the board as an occupational therapist or occupational therapy assistant must:

      [1.](a) Submit an application to the board on a form furnished by the board; and

      [2.](b) Provide evidence satisfactory to the board that he possesses the qualifications required pursuant to subsections 1, 2 and 3 of NRS 640A.120.

      2.  The application must include the social security number of the applicant.

      Sec. 359.  Chapter 641 of NRS is hereby amended by adding thereto the provisions set forth as sections 360 and 361 of this act.

      Sec. 360.  1.  An applicant for the issuance or renewal of a license shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license may not be issued or renewed by the board if the applicant:

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

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


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ê1997 Statutes of Nevada, Page 2153 (Chapter 483, SB 356)ê

 

agency enforcing the order for the repayment of the amount owed pursuant to the order.

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

      Sec. 361.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to this chapter, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license issued pursuant to this chapter that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 362.  NRS 641.160 is hereby amended to read as follows:

      641.160  Each person desiring a license must make application to the board upon a form, and in a manner, prescribed by the board. The application must include the social security number of the applicant and be accompanied by the application fee prescribed by the board.

      Sec. 363.  NRS 641.220 is hereby amended to read as follows:

      641.220  1.  To renew a license issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the board for renewal;

      (b) Submit the statement required pursuant to section 360 of this act;

      (c) Pay the biennial fee for the renewal of a license; and

      [(c)](d) Submit evidence to the board of his completion of the requirements for continuing education.

      2.  Upon renewing his license, the holder of the license shall declare his areas of competence, as determined in accordance with NRS 641.112.

      3.  The board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the board.

      Sec. 364.  (Deleted by amendment.)


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ê1997 Statutes of Nevada, Page 2154 (Chapter 483, SB 356)ê

 

      Sec. 365.  Chapter 641A of NRS is hereby amended by adding thereto the provisions set forth as sections 366 and 367 of this act.

      Sec. 366.  1.  An applicant for the issuance or renewal of a license as a marriage and family therapist shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license as a marriage and family therapist may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 367.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a marriage and family therapist, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license as a marriage and family therapist that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 368.  NRS 641A.210 is hereby amended to read as follows:

      641A.210  Each person desiring a license must apply to the board upon a form, and in a manner, prescribed by the board. The application must include the social security number of the applicant and be accompanied by the application fee prescribed by the board.


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ê1997 Statutes of Nevada, Page 2155 (Chapter 483, SB 356)ê

 

include the social security number of the applicant and be accompanied by the application fee prescribed by the board.

      Sec. 369.  NRS 641A.260 is hereby amended to read as follows:

      641A.260  1.  To renew a license issued pursuant to this chapter, each person must, on or before the date of expiration of the current license:

      (a) Apply to the board for renewal;

      (b) Submit the statement required pursuant to section 366 of this act;

      (c) Pay the fee for renewal set by the board; and

      [(c)](d) Submit evidence to the board of his completion of the requirements for continuing education.

      2.  The board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the board.

      Sec. 370.  Chapter 641B of NRS is hereby amended by adding thereto the provisions set forth as sections 371, 372 and 373 of this act.

      Sec. 371.  1.  An applicant for the renewal of a license to engage in social work as an associate in social work or the issuance or renewal of a license to engage in social work as a social worker, an independent social worker or a clinical social worker shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license to engage in social work as an associate in social work, a social worker, an independent social worker or a clinical social worker may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 372.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to engage in social work, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2156 (Chapter 483, SB 356)ê

 

was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to engage in social work that has been suspended by a district court pursuant to section 3.4 of this act if:

      (a) The board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act; and

      (b) The person whose license was suspended pays the fee established by the board pursuant to NRS 641B.300 for the restoration of a suspended license.

      Sec. 373.  An application for the issuance of a license to engage in social work as an associate in social work, a social worker, an independent social worker or a clinical social worker must include the social security number of the applicant.

      Sec. 374.  NRS 641B.280 is hereby amended to read as follows:

      641B.280  1.  Every holder of a license issued pursuant to this chapter may renew his license annually by:

      (a) Applying to the board for renewal;

      (b) Submitting the statement required pursuant to section 371 of this act;

      (c) Paying the annual renewal fee set by the board; and

      [(c)](d) Submitting evidence to the board of his completion of the required continuing education.

      2.  The board shall, as a prerequisite for the renewal of a license, require the holder to comply with the requirements for continuing education adopted by the board.

      Sec. 375.  NRS 641B.290 is hereby amended to read as follows:

      641B.290  1.  If a licensee fails to comply with the requirements of NRS 641B.280, the license becomes delinquent and the board shall, within 30 days after the license becomes delinquent, send a notice to that effect by certified mail, return receipt requested, to his last known address according to the records of the board.

      2.  A licensee may renew his license within 60 days after the license becomes delinquent if he complies with the requirements of NRS 641B.280 and pays, in addition to the fee for the annual renewal of a license, the fee for the renewal of a delinquent license.

      3.  If the license is not renewed within 60 days after the license becomes delinquent, the license expires without any further notice or a hearing.

      4.  A person whose license expires pursuant to subsection 3 may apply to the board for restoration of his license by:

      (a) Submitting a written application for restoration;

      (b) Submitting the statement required pursuant to section 371 of this act;

      (c) Paying all past due renewal fees and the fee for restoration prescribed by the board; and


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ê1997 Statutes of Nevada, Page 2157 (Chapter 483, SB 356)ê

 

      [(c)](d) Passing the examination deemed necessary by the board.

      Sec. 376.  NRS 641B.300 is hereby amended to read as follows:

      641B.300  The board shall charge and collect fees not to exceed the following amounts for:

 

Initial application............................................................................................           $40

Provisional license.........................................................................................             75

Initial issuance of a license...........................................................................           100

Annual renewal of a license.........................................................................           150

Restoration of a suspended or revoked license........................................           150

Restoration of an expired license.................................................................           200

Renewal of a delinquent license..................................................................           100

Reciprocal license without examination......................................................           100

      Sec. 377.  Chapter 642 of NRS is hereby amended by adding thereto the provisions set forth as sections 378, 379 and 380 of this act.

      Sec. 378.  1.  An applicant for the issuance or renewal of a license to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a certificate of registration as an apprentice embalmer shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license or certificate of registration described in subsection 1 may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 379.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a certificate of registration as an apprentice embalmer, the board shall deem the license or certificate of registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license or certificate of registration by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2158 (Chapter 483, SB 356)ê

 

registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license or certificate of registration by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a certificate of registration as an apprentice embalmer that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or certificate of registration was suspended stating that the person whose license or certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 380.  An application for the issuance of a license to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a certificate of registration as an apprentice embalmer must include the social security number of the applicant.

      Sec. 381.  NRS 642.090 is hereby amended to read as follows:

      642.090  1.  Every person who wishes to practice the profession of embalming [shall] must appear before the board and, upon payment of a fee not to exceed $300 to cover expenses of examination, must be examined in the knowledge of the subjects set forth in subsection 2. Examinations must be in writing , and the board may require actual demonstration on a cadaver. If an applicant has previously taken and passed the national examination given by the Conference of Funeral Services Examining Boards of the United States, Incorporated, the applicant need not retake that examination for purposes of licensing in the State of Nevada. All examination papers must be kept on record by the board.

      2.  The members of the board shall examine applicants for licenses in the following subjects:

      (a) Anatomy, sanitary science and signs of death.

      (b) Care, disinfection, preservation, transportation of and burial or other final disposition of dead bodies.

      (c) The manner in which death may be determined.

      (d) The prevention of the spread of infectious and contagious diseases.

      (e) Chemistry, including toxicology.

      (f) Restorative art, including plastic surgery and derma surgery.

      (g) Regulations of the state board of health relating to infectious diseases and quarantine.

      (h) Any other subject which the board may determine by regulation to be necessary or proper to prove the efficiency and qualification of the applicant.


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ê1997 Statutes of Nevada, Page 2159 (Chapter 483, SB 356)ê

 

      3.  If an applicant fulfills the requirements of NRS 642.080 and section 378 of this act and has passed the examination provided for by this chapter, the board shall issue to the applicant a license to practice the profession of embalming for 1 year.

      Sec. 382.  NRS 642.120 is hereby amended to read as follows:

      642.120  1.  If a licensee wishes to renew his license, the board shall renew his license, except for cause, and the annual fee for the renewal of a license must not exceed the sum of $200.

      2.  The board shall mail on or before January 1 of each year to each licensed embalmer, addressed to him at his last known address, a notice that his renewal fee [is] and the statement required pursuant to section 378 of this act are due and that if the statement is not submitted or the fee is not paid by February 1 a penalty of $100 will be added to the renewal fee, and in no case will the penalty be waived.

      3.  Upon receipt of the statement and the fee and any penalties imposed pursuant to subsection 2, the board shall issue a renewal certificate to the licensee.

      Sec. 383.  NRS 642.430 is hereby amended to read as follows:

      642.430  1.  The board shall mail, on or before January 1 of each year, to each licensed funeral director and each person licensed to conduct direct cremations or immediate burials, addressed to him at his last known address, a notice that his renewal fee is due and that if the fee is not paid by February 1, a penalty not to exceed $200, will be added to the renewal fee, and in no case will the penalty be waived.

      2.  Upon receipt of the renewal fee , the statement required pursuant to section 378 of this act and any penalties imposed pursuant to subsection 1, the board shall issue a renewal certificate to the licensee.

      Sec. 384.  NRS 642.440 is hereby amended to read as follows:

      642.440  When a licensed funeral director has for any reason allowed his license to lapse, the board may reinstate such license if application therefor is made within a period of 3 years from the time of the lapse and is accompanied by the statement required pursuant to section 378 of this act and all fees, including penalties, from the time of the lapse to date of reinstatement.

      Sec. 385.  Chapter 643 of NRS is hereby amended by adding thereto the provisions set forth as sections 386 and 387 of this act.

      Sec. 386.  1.  An applicant for the issuance or renewal of a certificate of registration as a barber or registered apprentice shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A certificate of registration as a barber or registered apprentice may not be issued or renewed by the board if the applicant:

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


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ê1997 Statutes of Nevada, Page 2160 (Chapter 483, SB 356)ê

 

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

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

      Sec. 387.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration as a barber or registered apprentice, the board shall deem the certificate of registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the certificate of registration by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a certificate of registration as a barber or registered apprentice that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 388.  NRS 643.090 is hereby amended to read as follows:

      643.090  1.  Each applicant for a certificate of registration as a practitioner of barbering must file an application [duly] verified by him for an examination before the board.

      2.  The application must be in a form prescribed by the board [.] and include the social security number of the applicant.

      3.  Each application must be accompanied by the fees provided by subsection 4.

      4.  The board shall annually fix the examination fees, which must not be more than $100.

      5.  Each applicant must, at the time of filing the application, file a certificate of a licensed physician certifying that the applicant is free from tuberculosis and other communicable diseases.

      Sec. 389.  NRS 643.130 is hereby amended to read as follows:

      643.130  A certificate of registered barber or of registered apprentice [shall] must be issued by the board to any applicant who [shall:


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ê1997 Statutes of Nevada, Page 2161 (Chapter 483, SB 356)ê

 

      1.  Pass] :

      1.  Passes an examination as provided for in NRS 643.070 and 643.080 [.

      2.  Possess] ;

      2.  Possesses the other qualifications required by the provisions of this chapter [.

      3.  Meet] ;

      3.  Submits the statement required pursuant to section 386 of this act; and

      4.  Complies with the requirements [as] set forth in the rules and regulations of the board.

      Sec. 390.  NRS 643.140 is hereby amended to read as follows:

      643.140  1.  Every registered barber and every registered apprentice who continues in active practice or service shall biennially, on or before April 1 of each even-numbered year, renew his certificate of registration and pay the required fee. The board shall fix the fee for renewal of a certificate of registration, which must not be more than $60. The statement required pursuant to section 386 of this act must be submitted with the fee. Every certificate of registration which has not been renewed before May 1 of an even-numbered year expires on that date.

      2.  A registered barber or a registered apprentice whose certificate of registration has expired may have his certificate restored immediately upon submission of the statement required pursuant to section 386 of this act and payment of the required restoration fee at any time within 2 years after the expiration of his certificate of registration. The board shall fix the restoration fee, which must not be more than $120.

      Sec. 391.  (Deleted by amendment.)

      Sec. 392.  Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 393, 394 and 395 of this act.

      Sec. 393.  1.  An applicant for the issuance or renewal of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license or evidence of registration may not be issued or renewed by the board pursuant to NRS 644.190 to 644.330, inclusive, if the applicant:

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

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

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


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ê1997 Statutes of Nevada, Page 2162 (Chapter 483, SB 356)ê

 

is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 394.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a license or been registered pursuant to NRS 644.190 to 644.330, inclusive, the board shall deem the license or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the holder of the license or registration stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license or registration issued pursuant to NRS 644.190 to 644.330, inclusive, that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 395.  An application for the issuance of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, must include the social security number of the applicant.

      Sec. 396.  NRS 644.260 is hereby amended to read as follows:

      644.260  The board shall issue a license as a cosmetologist, aesthetician, electrologist, hair designer, manicurist or instructor to each applicant who [passes] :

      1.  Passes a satisfactory examination, conducted by the board to determine his fitness to practice that occupation of cosmetology [.] ; and

      2.  Complies with such other requirements as are prescribed in this chapter for the issuance of the license.

      Sec. 397.  NRS 644.325 is hereby amended to read as follows:

      644.325  1.  An application for renewal of any license issued pursuant to this chapter must be:

      (a) Made on a form prescribed and furnished by the board at any time during the month of June of the year in which the license expires; [and]

      (b) Accompanied by the statement required pursuant to section 393 of this act; and

      (c) Accompanied by the fee for renewal.

      2.  The fees for renewal are:

      (a) For manicurists, electrologists, aestheticians, hair designers and cosmetologists, not less than $30 and not more than $50.

      (b) For instructors, not less than $40 and not more than $60.


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ê1997 Statutes of Nevada, Page 2163 (Chapter 483, SB 356)ê

 

      (c) For cosmetological establishments, not less than $60 and not more than $100.

      (d) For schools of cosmetology, not less than $450 and not more than $500.

      3.  For each month or fraction thereof after July 1 in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $25 for a school of cosmetology and $10 for a cosmetological establishment and all persons licensed pursuant to this chapter.

      4.  An application for the renewal of a license as a cosmetologist, hair designer, aesthetician, electrologist, manicurist or instructor must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.

      Sec. 398.  NRS 644.330 is hereby amended to read as follows:

      644.330  1.  A manicurist, electrologist, aesthetician, hair designer, cosmetologist or instructor whose license has expired may have his license renewed only upon submission of the statement required pursuant to section 393 of this act and payment of all required fees.

      2.  Any manicurist, electrologist, aesthetician, hair designer, cosmetologist or instructor who retires from practice for more than 1 year may have his license restored only upon submission of the statement required pursuant to section 393 of this act and payment of all required fees.

      3.  No manicurist, electrologist, aesthetician, hair designer, cosmetologist or instructor who has retired from practice for more than 4 years may have his license restored without examination and must comply with any additional requirements established in regulations adopted by the board.

      Sec. 399.  (Deleted by amendment.)

      Sec. 400.  Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 401 to 404, inclusive, of this act.

      Sec. 401.  1.  A natural person who applies for the issuance or renewal of a license as a real estate broker, broker-salesman or salesman shall submit to the division the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the division.

      3.  A license as a real estate broker, broker-salesman or salesman may not be issued or renewed by the division if the applicant is a natural person who:

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

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


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agency enforcing the order for the repayment of the amount owed pursuant to the order.

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

      Sec. 402.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a real estate broker, broker-salesman or salesman, the division shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division shall reinstate a license as a real estate broker, broker-salesman or salesman that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 403.  1.  A natural person who applies for the issuance or renewal of his registration as a qualified intermediary shall submit to the division the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the division.

      3.  An applicant may not be registered as a qualified intermediary by the division if the applicant is a natural person who:

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

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

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


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ê1997 Statutes of Nevada, Page 2165 (Chapter 483, SB 356)ê

 

attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 404.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is registered with the division as a qualified intermediary, the division shall deem the registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person who is registered as a qualified intermediary stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division shall reinstate the registration of a qualified intermediary that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 405.  NRS 645.330 is hereby amended to read as follows:

      645.330  1.  Except as otherwise provided by specific statute, the division may approve an application for a license for a person who meets all the following requirements:

      (a) Has a good reputation for honesty, trustworthiness and integrity and who offers proof of those qualifications satisfactory to the division.

      (b) Has not made a false statement of material fact on his application.

      (c) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.

      (d) Has submitted the statement required pursuant to section 401 of this act if the person is a natural person.

      (e) Has passed the examination.

      2.  The division:

      (a) May deny a license to any person who has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in a real estate business without a license, possessing for the purpose of sale any controlled substance or any crime involving moral turpitude, in any court of competent jurisdiction in the United States or elsewhere; and

      (b) Shall not issue a license to such a person until at least 3 years after:

             (1) The person pays any fine or restitution ordered by the court; or

             (2) The expiration of the period of the person’s parole, probation or sentence,

whichever is later.


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ê1997 Statutes of Nevada, Page 2166 (Chapter 483, SB 356)ê

 

      3.  Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country within 10 years before the date of the application is grounds for refusal to grant a license.

      4.  A person may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this state, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding the issuance of a broker’s license.

      Sec. 406.  NRS 645.350 is hereby amended to read as follows:

      645.350  1.  [Application] An application for a license as a real estate broker, broker-salesman or salesman must be [made] submitted in writing to the division upon blanks prepared or furnished by the division.

      2.  Every application for a real estate broker’s, broker-salesman’s or salesman’s license must set forth the following information:

      (a) The name, age and address of the applicant. If the applicant is a partnership or an association which is applying to do business as a real estate broker, the application must contain the name and address of each member thereof. If the application is for a corporation which is applying to do business as a real estate salesman, real estate broker-salesman or real estate broker, the application must contain the name and address of each officer and director thereof. If the applicant is a limited-liability company which is applying to do business as a real estate broker, the company’s articles of organization must designate a manager, and the name and address of the manager and each member must be listed in the application.

      (b) In the case of a broker, the name under which the business is to be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicant’s company, firm, partnership or association. Except as otherwise provided in NRS 645.387, a license must not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license must not be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.

      (c) In the case of a broker, the place or places, including the street number, city and county, where the business is to be conducted.

      (d) If the applicant is a natural person, the social security number of the applicant.

      (e) The business or occupation engaged in by the applicant for at least 2 years immediately preceding the date of the application, and the location thereof.

      [(e)](f) The time and place of the applicant’s previous experience in the real estate business as a broker or salesman.

      [(f)](g) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony, and if so, the nature of the felony.


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ê1997 Statutes of Nevada, Page 2167 (Chapter 483, SB 356)ê

 

      [(g)](h) Whether the applicant has been convicted of or entered a plea of nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in the business of selling real estate without a license or any crime involving moral turpitude.

      [(h)](i) Whether the applicant has been refused a real estate broker’s, broker-salesman’s or salesman’s license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state, district or territory of the United States or any other country.

      [(i)](j) If the applicant is a member of a limited-liability company, partnership or association, or an officer of a corporation, the name and address of the office of the limited-liability company, partnership, association or corporation of which the applicant is a member or officer.

      3.  An applicant for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated, expressing the intent of that broker to associate the applicant with him and to be responsible for the applicant’s activities as a licensee.

      4.  If a limited-liability company, partnership or association is to do business as a real estate broker, the application for a broker’s license must be verified by at least two members thereof. If a corporation is to do business as a real estate broker, the application must be verified by the president and the secretary thereof.

      Sec. 407.  NRS 645.606 is hereby amended to read as follows:

      645.606  1.  As used in NRS 645.606 to 645.6085, inclusive, and sections 403 and 404 of this act, “qualified intermediary” has the meaning ascribed to it in 26 C.F.R. § 1.1031(k)-1(g).

      2.  The term includes any person who advertises or holds himself out as prepared to facilitate a tax-deferred exchange of property in this state by acting as the custodian of money or other property.

      3.  The term does not include a bank or other depository institution, an escrow company, a title insurer, an agent licensed pursuant to chapter 692A of NRS or its subsidiaries or employees.

      Sec. 408.  NRS 645.6065 is hereby amended to read as follows:

      645.6065  1.  Except as otherwise provided in NRS 645.607, a person shall not act as a qualified intermediary unless he is registered as such with the division. The division may adopt such regulations as it deems necessary to carry out the provisions of NRS 645.606 to 645.6085, inclusive.

      2.  A person may apply for registration by paying to the division a $100 fee plus the actual cost of a background investigation conducted by the Federal Bureau of Investigation and filing with the division:

      (a) The following information on a form provided by the division:

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

             (2) The name under which the applicant will hold the money or other property of a client;

             (3) The names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each; [and]

             (4) If the applicant is a natural person, the social security number of the applicant; and


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ê1997 Statutes of Nevada, Page 2168 (Chapter 483, SB 356)ê

 

             (5) The length of time the applicant has been engaged in the business of acting as such an intermediary; [and]

      (b) If the person is a natural person, the statement required pursuant to section 403 of this act; and

      (c) A card provided by the division upon which the applicant’s fingerprints, taken by an agency of law enforcement, are displayed.

      3.  The division shall:

      (a) Mail the card upon which the applicant’s fingerprints are displayed to the Federal Bureau of Investigation; and

      (b) Request from the Bureau such information regarding the applicant’s criminal history as the division deems necessary.

      4.  Registration pursuant to this section must be renewed each year on or before the date of the original registration by providing the information required by the division for that purpose and paying a renewal fee of $75.

      Sec. 409.  Chapter 645A of NRS is hereby amended by adding thereto the provisions set forth as sections 410 and 411 of this act.

      Sec. 410.  1.  A natural person who applies for the issuance or renewal of a license as an escrow agent or escrow agency shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.

      3.  A license as an escrow agent or escrow agency may not be issued or renewed by the commissioner if the applicant is a natural person who:

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

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

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

      Sec. 411.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as an escrow agent or escrow agency, the commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2169 (Chapter 483, SB 356)ê

 

to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a license as an escrow agent or escrow agency that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 412.  NRS 645A.020 is hereby amended to read as follows:

      645A.020  1.  A person who wishes to be licensed as an escrow agent or agency must file a written application in the office of the commissioner.

      2.  The application must:

      (a) Be verified.

      (b) Be accompanied by the appropriate fee prescribed in NRS 645A.040.

      (c) State the location of the applicant’s principal office and branch offices in the state and residence address.

      (d) State the name under which the applicant will conduct business.

      (e) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each.

      (f) If the applicant is a natural person, include the social security number of the applicant.

      (g) Indicate the general plan and character of the business.

      [(g)](h) State the length of time the applicant has been engaged in the escrow business.

      [(h)](i) Require a financial statement of the applicant.

      [(i)](j) Require such other information as the commissioner determines necessary.

      [(j)](k) If for an escrow agency, designate a natural person to receive service of process in this state for the agency.

      3.  If the commissioner determines, after investigation, that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the business conducted will protect and safeguard the public, he shall issue a license to the applicant as an escrow agent or agency.

      4.  The commissioner may waive the investigation required by subsection 3 if the applicant submits with his application satisfactory proof that he, in good standing, currently holds a license, or held a license , within 1 year before the date he submits his application, which was issued pursuant to the provisions of NRS 692A.103.

      5.  An escrow agent or agency shall immediately notify the division of any material change in the information contained in the application.

      6.  A person may not be licensed as an escrow agent or agency or be a principal officer, director or trustee of an escrow agency if he is the holder of an active license issued pursuant to chapter 645 of NRS.


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ê1997 Statutes of Nevada, Page 2170 (Chapter 483, SB 356)ê

 

      Sec. 413.  NRS 645A.040 is hereby amended to read as follows:

      645A.040  1.  Every license issued pursuant to the provisions of this chapter expires on July 1 of each year if it is not renewed. A license may be renewed by filing an application for renewal , [and] paying the annual fee for the succeeding year [.] and, if the licensee is a natural person, submitting the statement required pursuant to section 410 of this act.

      2.  The fees for the issuance or renewal of a license for an escrow agency are:

      (a) For filing an application for an initial license, $500 for the principal office and $100 for each branch office. All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.545.

      (b) If the license is approved for issuance, $200 for the principal office and $100 for each branch office. The fee must be paid before issuance of the license.

      (c) For filing an application for renewal, $200 for the principal office and $100 for each branch office.

      3.  The fees for the issuance or renewal of a license for an escrow agent are:

      (a) For filing an application for an initial license or for the renewal of a license, $100.

      (b) If a license is approved for issuance or renewal, $25. The fee must be paid before the issuance or renewal of the license.

      4.  If a licensee fails to submit the statement required pursuant to section 410 of this act or pay the fee for the annual renewal of his license before its expiration, his license may be renewed only upon the payment of a fee one and one-half times the amount otherwise required for renewal. A license may be renewed pursuant to this subsection only if the required statement is submitted and all the fees are paid within 1 year after the date on which the license expired.

      5.  In addition to the other fees set forth in this section, each applicant or licensee shall pay:

      (a) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.

      (b) For filing any change of information contained in the application, $10.

      (c) For each change of association with an escrow agency, $25.

      6.  Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the state treasury for credit to the state general fund.

      Sec. 414.  (Deleted by amendment.)

      Sec. 415.  Chapter 645B of NRS is hereby amended by adding thereto the provisions set forth as sections 416 and 417 of this act.

      Sec. 416.  1.  A natural person who applies for the issuance or renewal of a license as a mortgage company shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.


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ê1997 Statutes of Nevada, Page 2171 (Chapter 483, SB 356)ê

 

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

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

      (b) A separate form prescribed by the commissioner.

      3.  A license as a mortgage company may not be issued or renewed by the commissioner if the applicant is a natural person who:

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

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

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

      Sec. 417.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a mortgage company, the commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a license as a mortgage company that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 418.  NRS 645B.020 is hereby amended to read as follows:

      645B.020  1.  A license as a mortgage company may be obtained by filing a written application in the office of the commissioner.

      2.  The application must:

      (a) Be verified.

      (b) State the location of the applicant’s principal office and branch offices in the state.

      (c) State the name under which the applicant will conduct business.


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ê1997 Statutes of Nevada, Page 2172 (Chapter 483, SB 356)ê

 

      (d) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees and directors, specifying the capacity and title of each.

      (e) If the applicant is a natural person, include the social security number of the applicant.

      (f) Indicate the general plan and character of the business.

      [(f)](g) State the length of time the applicant has been engaged in the mortgage company business.

      [(g)](h) Include a financial statement of the applicant.

      [(h)](i) Include such other information as the commissioner determines necessary.

      3.  The commissioner shall issue a license to an applicant as a mortgage company if [the] :

      (a) The application complies with the requirements of subsection 2 [, and the] ;

      (b) The applicant submits the statement required pursuant to section 416 of this act, if the applicant is required to do so; and

      (c) The applicant and each general partner, officer or director of the applicant , if the applicant is a partnership, corporation or unincorporated association:

      [(a)](1) Has a good reputation for honesty, trustworthiness, integrity and displays competence to transact the business of a mortgage company in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the commissioner.

      [(b)](2) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

      [(c)](3) Has not made a false statement of material fact on his application.

      [(d)](4) Has not had a license that was issued pursuant to the provisions of this chapter suspended or revoked within the 10 years immediately preceding the date of his application.

      [(e)] (5) Has not had a license that was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of his application.

      [(f)](6) Has not violated any of the provisions of this chapter or any regulation adopted pursuant thereto.

      4.  A license entitles the holder to engage only in the activities authorized by this chapter.

      5.  A person who claims an exemption from the provisions of this chapter must apply to the commissioner for a certificate of exemption and pay the fee for application.

      Sec. 419.  NRS 645B.050 is hereby amended to read as follows:

      645B.050  1.  A mortgage company’s license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing an application for renewal , [and] paying the annual fee for a license for the succeeding year [.] and, if the licensee is a natural person, submitting the statement required pursuant to section 416 of this act. The application , statement and payment must be received by the commissioner on or before June 30 next preceding the expiration date.


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ê1997 Statutes of Nevada, Page 2173 (Chapter 483, SB 356)ê

 

statement and payment must be received by the commissioner on or before June 30 next preceding the expiration date. If the application , statement, if required, or payment is not received by June 30, the license is canceled. The commissioner may reinstate the license if the licensee files an application, submits the statement, if required, pays the filing fee and pays a reinstatement fee of $200.

      2.  The commissioner shall require a licensee to deliver a financial statement prepared from his books and records by an independent public accountant who holds a permit to engage in the practice of public accounting in this state which has not been revoked or suspended. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter. The commissioner may grant a reasonable extension for the submission of the financial statement if requested before the statement is due.

      3.  If a licensee maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If the licensee maintains any accounts described in subsection 3 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the commissioner at the same time as he submits the report to the company. The commissioner shall , by regulation , prescribe the scope of audits conducted pursuant to this subsection.

      4.  A certificate of exemption issued pursuant to subsection 5 of NRS 645B.020 expires December 31 next after the date of issuance if it is not renewed. A certificate of exemption may be renewed by filing an application for renewal and paying the annual fee for renewal of a certificate of exemption for the succeeding year. The application and payment must be received by the commissioner on or before December 31 next preceding the expiration date. If the application or payment is not received by December 31, the certificate of exemption is canceled. The commissioner may reinstate the certificate if the applicant pays the filing fee and a reinstatement fee of $100.

      5.  The filing fees are:

      (a) For filing an original application, $1,500 for the principal office and $40 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.545.

      (b) If the license is approved for issuance, $1,000 for the principal office and $60 for each branch office before issuance.

      (c) For filing an application for renewal, $500 for the principal office and $100 for each branch office.

      (d) For filing an application for a certificate of exemption, $200.

      (e) For filing an application for renewal of a certificate of exemption, $100.

      (f) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.


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ê1997 Statutes of Nevada, Page 2174 (Chapter 483, SB 356)ê

 

      6.  Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the state treasury for credit to the state general fund.

      Sec. 420.  (Deleted by amendment.)

      Sec. 421.  Chapter 645C of NRS is hereby amended by adding thereto the provisions set forth as sections 422 and 423 of this act.

      Sec. 422.  1.  An applicant for the issuance or renewal of a license, certificate or registration card issued pursuant to this chapter shall submit to the division the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the division.

      3.  A license, certificate or registration card may not be issued or renewed by the division pursuant to this chapter if the applicant:

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

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

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

      Sec. 423.  1.  If the division receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license, certificate or registration card issued pursuant to this chapter, the division shall deem the license, certificate or registration card issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the division receives a letter issued to the holder of the license, certificate or registration card by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license, certificate or registration card has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The division shall reinstate a license, certificate or registration card issued pursuant to this chapter that has been suspended by a district court pursuant to section 3.4 of this act if the division receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license, certificate or registration card was suspended stating that the person whose license, certificate or registration card was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2175 (Chapter 483, SB 356)ê

 

suspended stating that the person whose license, certificate or registration card was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 424.  NRS 645C.300 is hereby amended to read as follows:

      645C.300  1.  Every application for a certificate, license or registration card must include the social security number of the applicant and be accompanied by the fee for the certificate, license or registration card.

      2.  Each applicant must:

      (a) At his own expense and on a card provided by the division, arrange to be fingerprinted by an agency of law enforcement; and

      (b) Attach the completed card to his application.

      3.  The division may:

      (a) Mail the card to the Federal Bureau of Investigation or any other agency of law enforcement; and

      (b) Request from such an agency any information regarding the applicant’s criminal history as the division deems necessary.

      Sec. 425.  NRS 645C.320 is hereby amended to read as follows:

      645C.320  1.  The administrator shall issue a certificate or license, as appropriate, to any person:

      (a) Of good moral character, honesty and integrity;

      (b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330; [and]

      (c) Who submits the statement required pursuant to section 422 of this act; and

      (d) Who, except as otherwise provided in NRS 645C.360, has satisfactorily passed a written examination approved by the commission.

      2.  The administrator may deny an application for a certificate or license to any person who:

      (a) Has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

      (b) Makes a false statement of a material fact on his application; or

      (c) Has had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.

      Sec. 426.  NRS 645C.500 is hereby amended to read as follows:

      645C.500  1.  [The] Except as otherwise provided in section 3.4 of this act, the procedure set forth in this section and NRS 645C.510 and 645C.520 must be followed before the revocation or suspension of a certificate, license or registration card.

      2.  Upon the initiation of a complaint by the administrator, he shall set the matter for a hearing and schedule a date for the hearing before the commission. The appraiser or intern is entitled to appear at the hearing in person and to be represented by counsel.

      3.  The commission shall hold the hearing within 90 days after the filing of a complaint by the administrator. The hearing may be continued by the commission upon its own motion, or at the discretion of the commission upon the written request of the division, appraiser or intern, for good cause shown.


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ê1997 Statutes of Nevada, Page 2176 (Chapter 483, SB 356)ê

 

upon the written request of the division, appraiser or intern, for good cause shown.

      4.  The division shall give written notice of the date, time and place of the hearing, together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in the possession of the division relevant to the complaint, to the appraiser or intern not less than 30 days before the hearing. The division may present evidence it obtains after the notice was given only if it shows that the evidence was not available upon diligent investigation before the notice was given and that the evidence was given or communicated to the appraiser or intern immediately after it was obtained.

      5.  Notice pursuant to this section is deemed to be given upon personal delivery to the appraiser or intern, or upon mailing by certified mail to his last known address. If the complaint is against an intern, the division shall also notify the appraiser with whom he is associated by mailing an exact statement of the charges, and the date, time and place of the hearing, by certified mail to the last known address of the appraiser.

      Sec. 427.  Chapter 648 of NRS is hereby amended by adding thereto the provisions set forth as sections 428, 429 and 430 of this act.

      Sec. 428.  1.  A natural person who applies for the issuance or renewal of a license or work card issued pursuant to this chapter shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license or work card may not be issued or renewed by the board pursuant to this chapter if the applicant is a natural person who:

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

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

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

      Sec. 429.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license or work card issued pursuant to this chapter, the board shall deem the license or work card issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license or work card by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or work card has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2177 (Chapter 483, SB 356)ê

 

issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license or work card by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or work card has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license or work card issued pursuant to this chapter that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or work card was suspended stating that the person whose license or work card was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 430.  The application of a natural person who applies for the issuance of a license or work card issued pursuant to this chapter must include the social security number of the applicant.

      Sec. 431.  NRS 648.144 is hereby amended to read as follows:

      648.144  A license issued under the provisions of this chapter and the cards issued pursuant to NRS 648.142 expire on June 30 of each year. A licensee desiring a renewal of his license [shall] must file an application for renewal on or before June 30 on a form prescribed by the board accompanied by the fee prescribed pursuant to NRS 648.120 [.] and, if the licensee is a natural person, the statement required pursuant to section 428 of this act. A renewal license for the next ensuing year must then be issued together with renewal cards for the persons described in subsection 3 of NRS 648.142.

      Sec. 432.  NRS 648.146 is hereby amended to read as follows:

      648.146  If a licensee fails to renew his license within the time fixed by NRS 648.144, his license is automatically forfeited, but may be reinstated within 30 days after the date of the forfeiture upon his compliance with the regulations of the board , [and upon] his submission of an application and payment of a reinstatement fee of $100 [.] and, if the licensee is a natural person, his submission of the statement required pursuant to section 428 of this act. Reinstatement of a forfeited license does not prohibit the bringing of disciplinary proceedings for any act committed during the period of forfeiture.

      Sec. 433.  Chapter 649 of NRS is hereby amended by adding thereto the provisions set forth as sections 434 and 435 of this act.

      Sec. 434.  1.  A natural person who applies for the issuance or renewal of a license as a collection agent or agency or a manager’s certificate shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.


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ê1997 Statutes of Nevada, Page 2178 (Chapter 483, SB 356)ê

 

      3.  A license as a collection agent or agency or a manager’s certificate may not be issued or renewed by the commissioner if the applicant is a natural person who:

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

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

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

      Sec. 435.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a collection agent or agency or a manager’s certificate, the commissioner shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a license as a collection agent or agency or a manager’s certificate that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 436.  NRS 649.095 is hereby amended to read as follows:

      649.095  1.  An application for a license must be in writing and filed with the commissioner on a form provided for that purpose.

      2.  The application must state:

      (a) The name of the applicant and the name under which the applicant does business or expects to do business.

      (b) The address of the applicant’s business and residence, including street and number.

      (c) The character of the business sought to be carried on.

      (d) The locations by street and number where the business will be transacted.


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ê1997 Statutes of Nevada, Page 2179 (Chapter 483, SB 356)ê

 

      (e) If the applicant is a natural person, the social security number of the applicant.

      (f) In the case of a firm or partnership, the full names and residential addresses of all members or partners and the name and residential address of the manager.

      [(f)](g) In the case of a corporation or voluntary association, the name and residential address of each of the directors and officers and the name and residential address of the manager.

      [(g)](h) Any other information reasonably related to the applicant’s qualifications for the license which the commissioner determines to be necessary.

      3.  The application must be subscribed by the applicant and acknowledged.

      4.  Every applicant may be examined concerning his competency, experience, character and qualifications by the commissioner or his authorized agent, and if the examination reveals that the applicant lacks any of the required qualifications, issuance of the license must be denied. Every application must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant.

      Sec. 437.  NRS 649.145 is hereby amended to read as follows:

      649.145  1.  If the commissioner enters an order approving the application in accordance with NRS 649.135 and the applicant passes the required examination , [and] pays the required license fee [,] and, if the applicant is a natural person, submits the statement required pursuant to section 434 of this act, the commissioner shall grant and issue a license to the applicant.

      2.  The license, when issued, must state:

      (a) The name of the licensee.

      (b) The locations by street and number where the licensee is authorized to carry on business.

      (c) The number and the date of the license.

      (d) That it is issued pursuant to this chapter, and that the licensee is authorized under this chapter.

      Sec. 438.  NRS 649.185 is hereby amended to read as follows:

      649.185  Each person who is, or desires to become, the manager of a collection agency shall [make] submit an application for a manager’s certificate to the commissioner in accordance with the provisions of this chapter. The application must include the social security number of the applicant.

      Sec. 439.  NRS 649.245 is hereby amended to read as follows:

      649.245  1.  A collection agency or manager desiring a renewal of a license or certificate which will expire shall file in the office of the commissioner, on or before June 1 in each year following the year of original issuance, a renewal application, stating in addition to the matters required in the original application the date and number of the license or certificate which will expire. The renewal application must be accompanied by the renewal fee [.] and, if the licensee is a natural person, the statement required pursuant to section 434 of this act.


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ê1997 Statutes of Nevada, Page 2180 (Chapter 483, SB 356)ê

 

      2.  The commissioner shall issue a renewal license or certificate to the applicant, which must be dated July 1 next ensuing the date of the application, in form and text like the original except that, in addition, the renewal must [show] include the date and number of the earliest license or certificate issued.

      3.  All requirements of this chapter with respect to original certificates, licenses and bonds apply with like force to all renewal certificates, licenses and bonds except as otherwise specified in this section.

      4.  The commissioner shall refuse to renew a certificate or license if at the time of application a proceeding to revoke or suspend the certificate or license is pending.

      Sec. 440.  Chapter 652 of NRS is hereby amended by adding thereto the provisions set forth as sections 441, 442 and 443 of this act.

      Sec. 441.  1.  An applicant for the issuance or renewal of a license or certificate issued pursuant to NRS 652.125 shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license or certificate may not be issued or renewed by the board pursuant to NRS 652.125 if the applicant:

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

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

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

      Sec. 442.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license or certificate issued pursuant to NRS 652.125, the board shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2181 (Chapter 483, SB 356)ê

 

      2.  The board shall reinstate a license or certificate issued pursuant to NRS 652.125 that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 443.  An application for the issuance of a license or certificate issued pursuant to NRS 652.125 must include the social security number of the applicant.

      Sec. 444.  Chapter 654 of NRS is hereby amended by adding thereto the provisions set forth as sections 445 and 446 of this act.

      Sec. 445.  1.  An applicant for the issuance or renewal of a license as a nursing facility administrator or an administrator of a residential facility for groups shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A license as a nursing facility administrator or an administrator of a residential facility for groups may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 446.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a nursing facility administrator or an administrator of a residential facility for groups, the board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2182 (Chapter 483, SB 356)ê

 

that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a license as a nursing facility administrator or an administrator of a residential facility for groups that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 447.  NRS 654.140 is hereby amended to read as follows:

      654.140  1.  The board shall prescribe and furnish an application form for the use of all persons who desire to be licensed pursuant to this chapter.

      2.  All applications filed with the board must include the social security number of the applicant and be accompanied by the required fee fixed by the board in an amount not to exceed:

      (a) For an administrator of a residential facility for groups, $150.

      (b) For a nursing facility administrator, $250.

      3.  The board may fix and charge an additional fee to cover the cost of administering the examinations if the board determines that there is not sufficient [other] money from other sources to cover such costs.

      Sec. 448.  NRS 654.150 is hereby amended to read as follows:

      654.150  Each applicant for licensure as a nursing facility administrator pursuant to this chapter must:

      1.  Be of good moral character and physically and emotionally capable of administering a facility for skilled nursing or facility for intermediate care.

      2.  Have satisfactorily completed a course of instruction and training prescribed or approved by the board, including the study of:

      (a) The needs which are to be properly served by a facility for skilled nursing or facility for intermediate care;

      (b) The laws governing the operation of a facility and the protection of the patients’ interests; and

      (c) The elements of good administration of a facility.

In lieu of the specific requirements of this subsection, the applicant may present other evidence satisfactory to the board of sufficient education, training or experience by which he would be qualified to administer, supervise and manage a facility.

      3.  Pass an examination conducted and prescribed by the board pursuant to the provisions of this chapter.

      4.  Submit with his application:

      (a) A complete set of his fingerprints and written permission authorizing the board to forward the fingerprints to the Federal Bureau of Investigation for its report; and

      (b) A fee to cover the actual cost of obtaining the report from the Federal Bureau of Investigation.

      5.  Submit the statement required pursuant to section 445 of this act.

      6.  Meet such other standards and qualifications as the board may from time to time establish.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2183 (Chapter 483, SB 356)ê

 

      Sec. 449.  NRS 654.155 is hereby amended to read as follows:

      654.155  Each applicant for licensure as an administrator of a residential facility for groups pursuant to this chapter must:

      1.  Be at least 21 years of age;

      2.  Be a citizen of the United States or lawfully entitled to remain and work in the United States;

      3.  Be of good moral character and physically and emotionally capable of administering a residential facility for groups;

      4.  Have satisfactorily completed a course of instruction and training prescribed or approved by the board or be qualified by reason of his education, training or experience to administer, supervise and manage a residential facility for groups;

      5.  Pass an examination conducted and prescribed by the board;

      6.  Submit with his application:

      (a) A complete set of his fingerprints and written permission authorizing the board to forward the fingerprints to the Federal Bureau of Investigation for its report; [and]

      (b) A fee to cover the actual cost of obtaining the report from the Federal Bureau of Investigation; and

      (c) The statement required pursuant to section 445 of this act; and

      7.  Comply with such other standards and qualifications as the board prescribes.

      Sec. 450.  NRS 654.170 is hereby amended to read as follows:

      654.170  1.  The board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 or 654.155 and shall affix its official seal to the license.

      2.  Each license issued by the board pursuant to this chapter expires 2 years after the last day of the calendar month in which it was issued and may be renewed on or before that date biennially.

      3.  Any licensed nursing facility administrator or administrator of a residential facility for groups may renew his license by applying for renewal in the manner prescribed by the board , submitting the statement required pursuant to section 445 of this act and paying the renewal fee fixed by the board.

      4.  The board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the board.

      Sec. 451.  NRS 654.195 is hereby amended to read as follows:

      654.195  1.  [The] Except as otherwise provided in subsection 2, the board may reinstate the license of an administrator of a residential facility for groups that has been suspended by the board if a majority of the members of the board vote in favor of the reinstatement.

      2.  The board may reinstate a license of an administrator of a residential facility for groups that has been suspended pursuant to section 3.4 of this act only if the holder of the license complies with the requirements for reinstatement set forth in section 446 of this act.

      3.  The board may reinstate the license of an administrator of a residential facility for groups that has been revoked by the board if all of the members of the board vote in favor of reinstatement.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2184 (Chapter 483, SB 356)ê

 

      Sec. 452.  Chapter 655 of NRS is hereby amended by adding thereto the provisions set forth as sections 453, 454 and 455 of this act.

      Sec. 453.  1.  An applicant for the issuance or renewal of a permit shall submit to the sheriff of the county in which the principal place of business of the applicant is located the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

      2.  The sheriff of a county shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the sheriff.

      3.  A permit may not be issued or renewed by the sheriff of a county if the applicant:

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

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

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

      Sec. 454.  1.  If the sheriff of a county receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a permit issued by the sheriff, the sheriff shall deem the permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the sheriff receives a letter issued to the holder of the permit by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  A sheriff shall reinstate a permit issued by him that has been suspended by a district court pursuant to section 3.4 of this act if the sheriff receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose permit was suspended stating that the person whose permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 455.  An application for the issuance of a permit must include the social security number of the applicant.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2185 (Chapter 483, SB 356)ê

 

      Sec. 456.  Chapter 656 of NRS is hereby amended by adding thereto the provisions set forth as sections 457 and 458 of this act.

      Sec. 457.  1.  An applicant for the issuance or renewal of a certificate shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the board.

      3.  A certificate may not be issued or renewed by the board if the applicant:

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

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

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

      Sec. 458.  1.  If the board receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate issued pursuant to this chapter, the board shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The board shall reinstate a certificate issued pursuant to this chapter that has been suspended by a district court pursuant to section 3.4 of this act if the board receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 459.  NRS 656.150 is hereby amended to read as follows:

      656.150  1.  Each applicant for a certificate shall file an application with the executive secretary or chairman of the board at least 30 days before the date fixed for examination.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2186 (Chapter 483, SB 356)ê

 

the date fixed for examination. The application must include the social security number of the applicant and be accompanied by the required fee.

      2.  No certificate may be issued until the applicant has passed the examination prescribed by the board and paid the fee as provided in NRS 656.220.

      Sec. 460.  NRS 656.180 is hereby amended to read as follows:

      656.180  An applicant for a certificate of registration as a certified court reporter is entitled to a certificate if he:

      1.  Is a citizen of the United States or lawfully entitled to remain and work in the United States;

      2.  Is at least 18 years of age;

      3.  Is of good moral character;

      4.  Has a high school education or its equivalent;

      5.  Submits the statement required pursuant to section 457 of this act;

      6.  Satisfactorily passes an examination administered by the board; and

      [6.]7.  Pays the requisite fees.

      Sec. 461.  NRS 656.200 is hereby amended to read as follows:

      656.200  1.  To renew a certificate of registration a court reporter must:

      (a) Apply to the board for renewal;

      (b) Submit the statement required pursuant to section 457 of this act;

      (c) Pay the annual renewal fee prescribed by the board; and

      [(c)](d) Submit evidence to the board of his completion of the requirements for continuing education established by the board.

      2.  The board shall adopt regulations requiring court reporters to participate in continuing education or training as a prerequisite to the renewal or restoration of a certificate. If a court reporter fails to comply with the requirements, the board may suspend or revoke his certificate.

      3.  The failure of any court reporter to submit the statement required pursuant to section 457 of this act or pay in advance the annual renewal fee which may be fixed by the board as necessary to defray the expense of administering the provisions of this chapter results in the suspension of the reporter’s right to engage in the practice of court reporting. The suspension must not be terminated until the statement has been submitted and all delinquent fees have been paid.

      4.  A court reporter whose certificate of registration has been suspended because of his failure to submit the statement or pay the renewal fee:

      (a) May within 2 years thereafter have his certificate reinstated without examination upon submission of the statement and payment of the fees set forth in subsection 5 of NRS 656.220.

      (b) While he was on active military duty or in training before induction, may have his certificate renewed without payment of any fee if he files an application for renewal , the statement required pursuant to section 457 of this act and an affidavit of such service with the board within 2 years after the termination of the service.

      Sec. 462.  Chapter 683A of NRS is hereby amended by adding thereto the provisions set forth as sections 463, 464 and 465 of this act.

      Sec. 463.  1.  A natural person who applies for the issuance or renewal of a certificate of registration as an administrator or a license as an agent, broker, solicitor or managing general agent shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2187 (Chapter 483, SB 356)ê

 

broker, solicitor or managing general agent shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.

      3.  A certificate of registration as an administrator or a license as an agent, broker, solicitor or managing general agent may not be issued or renewed by the commissioner if the applicant is a natural person who:

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

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

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

      Sec. 464.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration as an administrator or a license as an agent, broker, solicitor or managing general agent, the commissioner shall deem the certificate of registration or license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the certificate of registration or license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the certificate of registration or license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a certificate of registration as an administrator or a license as an agent, broker, solicitor or managing general agent that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose certificate of registration or license was suspended stating that the person whose certificate of registration or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2188 (Chapter 483, SB 356)ê

 

      Sec. 465.  The application of a natural person who applies for the issuance of a certificate of registration as an administrator or a license as an agent, broker, solicitor or managing general agent must include the social security number of the applicant.

      Sec. 466.  NRS 683A.270 is hereby amended to read as follows:

      683A.270  1.  Each license issued under this code continues in force until it expires or is suspended, revoked or otherwise terminated, subject to payment of the applicable fee for renewal and a fee of $15 for deposit in the insurance recovery account created by NRS 679B.305 to the commissioner at his office in Carson City, Nevada, on or before the last day of the month in which the license is renewable. The fees must be accompanied by a written request for renewal of the license [.] and the statement required pursuant to section 463 of this act. The request must be made and signed:

      (a) By the licensee in the case of a broker’s, nonresident broker’s, surplus lines broker’s, agent’s or managing general agent’s license.

      (b) By the employing agent or broker in the case of a solicitor’s license.

      (c) By the employing title insurer or agent in the case of an escrow officer.

      2.  Any license referred to in subsection 1 which is not continued on or before the last day specified for its renewal shall be deemed to have expired at midnight on that day. The commissioner may accept a request for renewal received by him within 30 days thereafter if it is accompanied by the statement required pursuant to section 463 of this act, a renewal fee of 150 percent of the fee otherwise required and the fee of $15 for deposit in the insurance recovery account created by NRS 679B.305.

      3.  If the commissioner has reason to believe that any licensed agent, broker or solicitor has for any cause raised a reasonable question as to the competence of the licensee or of any natural person designated to exercise the license powers of a firm or corporate licensee, the commissioner may require, as a condition to continuation of the license, that the licensee or natural person take and pass to the commissioner’s satisfaction a written examination as required under this chapter of natural persons who intend to apply for a similar license.

      4.  The commissioner may by regulation require the successful completion of a reasonable number of appropriate courses of study as a condition to continuation of any license to which this section applies.

      5.  The license of a managing general agent for a particular insurer or underwriter’s department must be terminated by the commissioner upon written request by that insurer or department.

      6.  This section does not apply to temporary licenses issued under NRS 683A.300.

      Sec. 467.  Chapter 683C of NRS is hereby amended by adding thereto the provisions set forth as sections 468 and 469 of this act.

      Sec. 468.  1.  A natural person who applies for the issuance or renewal of a license to act as an insurance consultant shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2189 (Chapter 483, SB 356)ê

 

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

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

      (b) A separate form prescribed by the commissioner.

      3.  A license to act as an insurance consultant may not be issued or renewed by the commissioner if the applicant is a natural person who:

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

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

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

      Sec. 469.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to act as an insurance consultant, the commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a license to act as an insurance consultant that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 470.  NRS 683C.030 is hereby amended to read as follows:

      683C.030  1.  An application for a license to act as an insurance consultant must be [made] submitted to the commissioner on forms prescribed by the commissioner and be accompanied by a license fee of $78 and an additional fee of $15 which must be deposited in the insurance recovery account created pursuant to NRS 679B.305. If the applicant is a natural person, the application must include the social security number of the applicant.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2190 (Chapter 483, SB 356)ê

 

      2.  An applicant for an insurance consultant’s license must successfully complete an examination and a course of instruction which the commissioner shall establish by regulation.

      3.  Each license issued pursuant to this chapter is valid for 3 years from the date of issuance, or until it is suspended, revoked or otherwise terminated.

      Sec. 471.  NRS 683C.040 is hereby amended to read as follows:

      683C.040  A license may be renewed for additional 3-year periods by submitting to the commissioner an application for renewal and:

      1.  If the application is made:

      (a) On or before the expiration date of the license, a renewal fee of $78 and an additional fee of $15 for deposit in the insurance recovery account; or

      (b) Not more than 30 days after the expiration date of the license, a renewal fee of $117 and an additional fee of $15 for deposit in the insurance recovery account; [and]

      2.  If the applicant is a natural person, the statement required pursuant to section 468 of this act; and

      3.  Proof of the successful completion of appropriate courses of study required for renewal, as established by the commissioner by regulation.

      Sec. 472.  Chapter 684A of NRS is hereby amended by adding thereto the provisions set forth as sections 473 and 474 of this act.

      Sec. 473.  1.  A natural person who applies for the issuance or renewal of a license as an adjuster or associate adjuster shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.

      3.  A license as an adjuster or associate adjuster may not be issued or renewed by the commissioner if the applicant is a natural person who:

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

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

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2191 (Chapter 483, SB 356)ê

 

      Sec. 474.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as an adjuster or associate adjuster, the commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a license as an adjuster or associate adjuster that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 475.  NRS 684A.090 is hereby amended to read as follows:

      684A.090  1.  The applicant for a license as an adjuster shall file a written application therefor with the commissioner on forms prescribed and furnished by the commissioner. As part of, or in connection with, the application , the applicant shall furnish information as to his identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the commissioner to determine the applicant’s eligibility and qualifications for the license.

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

      3.  If the applicant is a firm or corporation, the application [shall also show] must also include the names of all firm members, all corporate officers and directors, and shall designate each individual who is to exercise the license powers. Each such member, officer, director and individual shall furnish information to the commissioner as though applying for an individual license.

      [3.]4.  If the applicant is a nonresident of this state, the application [shall] must be accompanied by an appointment of the commissioner as process agent and agreement to appear pursuant to NRS 684A.200.

      [4.]5.  The application [shall] must be accompanied by the applicable license fee as specified in NRS 680B.010 . [(fee schedule).

      5.]6.  No applicant for such a license [shall] may willfully misrepresent or withhold any fact or information called for in the application form or in connection therewith. A violation of this subsection is a gross misdemeanor.

      Sec. 476.  NRS 684A.130 is hereby amended to read as follows:

      684A.130  1.  Each license issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of the applicable fee for renewal to the commissioner [.] and submission of the statement required pursuant to section 473 of this act if the licensee is a natural person. The statement, if required, must be submitted and the fee must be paid on or before the last day of the month in which the license is renewable.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2192 (Chapter 483, SB 356)ê

 

required, must be submitted and the fee must be paid on or before the last day of the month in which the license is renewable.

      2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by [a] :

      (a) A fee for renewal of 150 percent of the fee otherwise required [.] ; and

      (b) If the person requesting renewal is a natural person, the statement required pursuant to section 473 of this act.

      3.  This section does not apply to temporary licenses issued under NRS 684A.150.

      Sec. 477.  NRS 684A.140 is hereby amended to read as follows:

      684A.140  1.  Concurrently with an application for a license or for renewal of a license as an adjuster, the applicant or licensee must provide an appointment for each associate adjuster employed by him or to be employed by him contingent upon issuance of the license. Each person who desires to become licensed as an associate adjuster must submit an application to the commissioner for such a license. The application must include the social security number of the applicant.

      2.  Upon payment of the appropriate fee, the commissioner shall issue and deliver to a licensed adjuster a license for each associate authorized by the state to act [in] on behalf of the licensee. The commissioner shall not issue a license as an associate adjuster to a person who is licensed as an agent, broker, solicitor or surplus lines broker.

      3.  The license of an associate adjuster may be renewed upon payment of the applicable fee. His license expires at the same time as the license of the employing adjuster, except that the commissioner shall promptly terminate an associate adjuster’s license upon written request therefor by the employing adjuster.

      4.  A person shall not act as or hold himself out in this state to be an associate adjuster unless he holds a current license as such issued to him by the commissioner. A violation of this provision is a gross misdemeanor.

      Sec. 478.  (Deleted by amendment.)

      Sec. 479.  Chapter 684B of NRS is hereby amended by adding thereto the provisions set forth as sections 480 and 481 of this act.

      Sec. 480.  1.  A natural person who applies for the issuance or renewal of a license as a motor vehicle physical damage appraiser shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2193 (Chapter 483, SB 356)ê

 

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

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

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

      Sec. 481.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a motor vehicle physical damage appraiser, the commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a license as a motor vehicle physical damage appraiser that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 482.  NRS 684B.040 is hereby amended to read as follows:

      684B.040  1.  An applicant for a license as a motor vehicle physical damage appraiser [shall] must file a written application therefor with the commissioner on forms prescribed and furnished by the commissioner. The applicant [shall] must furnish information as to his identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the commissioner to determine the applicant’s eligibility and qualifications for the license.

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

      3.  If the applicant is a firm or corporation, the application must [show] include the names of all members of the firm, corporate officers and corporate directors, and must designate each natural person who is to exercise the license powers. Each such member, officer, director and natural person must qualify as an individual licensee. A natural person who is authorized to act for a firm or corporation and who also wishes to be licensed in an individual capacity must obtain a separate license in his own name.


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ê1997 Statutes of Nevada, Page 2194 (Chapter 483, SB 356)ê

 

licensed in an individual capacity must obtain a separate license in his own name.

      [3.]4.  The application must be accompanied by the applicable license fee specified in NRS 680B.010. The commissioner shall charge a separate fee for each person authorized to act for a firm or corporation.

      [4.]5.  An applicant for a license who desires to use a name other than his true name must comply with the provisions of NRS 683A.240. The commissioner shall not issue a license in a trade name unless the name has been registered pursuant to NRS 600.240 to 600.450, inclusive.

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

      Sec. 483.  NRS 684B.080 is hereby amended to read as follows:

      684B.080  1.  Each license issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of the applicable fee for renewal to the commissioner [.] and submission of the statement required pursuant to section 480 of this act if the licensee is a natural person. The statement, if required, must be submitted and the fee must be paid on or before the last day of the month in which the license is renewable.

      2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required [.] and the statement required pursuant to section 480 of this act if the person requesting renewal is a natural person.

      Sec. 484.  (Deleted by amendment.)

      Sec. 485.  Chapter 685A of NRS is hereby amended by adding thereto the provisions set forth as sections 486 and 487 of this act.

      Sec. 486.  1.  An applicant for the issuance or renewal of a surplus lines broker’s license shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.

      3.  A surplus lines broker’s license may not be issued or renewed by the commissioner if the applicant:

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

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


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ê1997 Statutes of Nevada, Page 2195 (Chapter 483, SB 356)ê

 

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

      Sec. 487.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a surplus lines broker’s license, the commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a surplus lines broker’s license that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 488.  NRS 685A.120 is hereby amended to read as follows:

      685A.120  1.  No person in this state may act as, hold himself out as, or be a surplus lines broker with respect to subjects of insurance resident, located or to be performed in this state or elsewhere unless he is licensed as such by the commissioner pursuant to this chapter.

      2.  Any person who has been licensed by this state as a resident broker for general lines for at least 6 months or has been licensed in another state as a surplus lines broker for at least 1 year and who is deemed by the commissioner to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus lines broker upon:

      (a) Application for a license and payment of the applicable fee for a license and a fee of $15 for deposit in the insurance recovery account created by NRS 679B.305; [and]

      (b) Submitting the statement required pursuant to section 486 of this act; and

      (c) Passing any examination prescribed by the commissioner on the subject of surplus lines.

      3.  [Application for the] An application for a license must be [made] submitted to the commissioner on [forms] a form designated and furnished by him. The application must include the social security number of the applicant.


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ê1997 Statutes of Nevada, Page 2196 (Chapter 483, SB 356)ê

 

      4.  A license issued pursuant to this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. The license may be renewed [by] upon submission of the statement required pursuant to section 486 of this act and payment of the applicable fee for renewal and a fee of $15 for deposit in the insurance recovery account created by NRS 679B.305 to the commissioner on or before the last day of the month in which the license is renewable.

      5.  A license which is not renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by the statement required pursuant to section 486 of this act, a fee for renewal of 150 percent of the fee otherwise required and a fee of $15 for deposit in the insurance recovery account created by NRS 679B.305.

      Sec. 489.  Chapter 686B of NRS is hereby amended by adding thereto the provisions set forth as sections 490 and 491 of this act.

      Sec. 490.  1.  A natural person who applies for the issuance or renewal of a license as a rate service organization shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.

      3.  A license as a rate service organization may not be issued or renewed by the commissioner if the applicant is a natural person who:

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

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

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

      Sec. 491.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a rate service organization, the commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2197 (Chapter 483, SB 356)ê

 

holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a license as a rate service organization that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 492.  NRS 686B.140 is hereby amended to read as follows:

      686B.140  1.  A rate service organization applying for a license as required by NRS 686B.130 must include with its application:

      (a) A copy of its constitution, charter, articles of organization, agreement, association or incorporation, and a copy of its bylaws, plan of operation and any other rules or regulations governing the conduct of its business;

      (b) A list of its membership and subscribers;

      (c) The name and address of one or more residents of this state upon whom notices, process affecting it or orders of the commissioner may be served;

      (d) A statement showing its technical qualifications for acting in the capacity for which it seeks a license;

      (e) If the applicant is a natural person, the statement required pursuant to section 490 of this act;

      (f) Any other relevant information and documents that the commissioner may require; and

      [(f)](g) The applicable fee.

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

      3.  Every organization which has applied for a license under subsection 1 shall thereafter promptly notify the commissioner of every material change in the facts or in the documents on which its application was based.

      [3.]4.  If the commissioner finds that the applicant and the natural persons through whom it acts are competent, trustworthy and technically qualified to provide the services proposed, and that all requirements of law are met, he shall issue a license specifying the authorized activity of the applicant. He shall not issue a license if the proposed activity would tend to create a monopoly or to lessen or destroy price competition.

      [4.]5.  A license issued pursuant to this section continues in effect until the licensee leaves the state or until the license is suspended, revoked or otherwise terminated. A license may be renewed [by] upon:

      (a) If the licensee is a natural person, submission of the statement required pursuant to section 490 of this act and payment of the applicable fee for renewal to the commissioner on or before the last day on which the license is renewable; or


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2198 (Chapter 483, SB 356)ê

 

      (b) If the licensee is not a natural person, payment of the applicable fee for renewal to the commissioner on or before the last day on which [it] the license is renewable.

      [5.]6.  A license which is not renewed annually expires on March 1. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by :

      (a) If the licensee is a natural person, the statement required pursuant to section 490 of this act and a fee for renewal of 150 percent of the fee otherwise required; or

      (b) If the licensee is not a natural person, a fee for renewal of 150 percent of the fee otherwise required.

      [6.]7.  Any amendment to a document filed under paragraph (a) of subsection 1 must be filed at least 30 days before it becomes effective. Failure to comply with this subsection is a ground for revocation of the license granted under subsection [3.] 4.

      Sec. 493.  Chapter 689 of NRS is hereby amended by adding thereto the provisions set forth as sections 494 and 495 of this act.

      Sec. 494.  1.  An applicant for the issuance or renewal of an agent’s license pursuant to this chapter shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.

      3.  An agent’s license may not be issued or renewed by the commissioner pursuant to this chapter if the applicant:

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

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

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

      Sec. 495.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of an agent’s license issued pursuant to this chapter, the commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2199 (Chapter 483, SB 356)ê

 

which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate an agent’s license issued pursuant to this chapter that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 496.  NRS 689.235 is hereby amended to read as follows:

      689.235  1.  To qualify for an agent’s license, the applicant must:

      (a) File a written application with the commissioner on forms furnished by the commissioner; and

      (b) Have a good business and personal reputation.

      2.  The application must:

      (a) Contain information concerning the applicant’s identity, address , social security number and personal background and business, professional or work history.

      (b) Contain such other pertinent information as the commissioner may require.

      (c) Be accompanied by a complete set of [his] the fingerprints of the applicant and written permission authorizing the commissioner to forward those fingerprints to the Federal Bureau of Investigation for its report.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the statement required pursuant to section 494 of this act.

      (f) Be accompanied by the applicable fee established in NRS 680B.010, which is not refundable.

      Sec. 497.  NRS 689.255 is hereby amended to read as follows:

      689.255  1.  Each agent’s license issued pursuant to NRS 689.150 to 689.375, inclusive, continues in force for 3 years unless it is suspended, revoked or otherwise terminated.

      2.  An agent’s license may be renewed at the request of the holder of a valid seller’s certificate of authority, upon filing a written request for renewal accompanied by the required fee for renewal [, which] and the statement required pursuant to section 494 of this act. The fee for renewal is nonrefundable.

      3.  Any license not so renewed expires at midnight on the last day of the month specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required [.] and the statement required pursuant to section 494 of this act.


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ê1997 Statutes of Nevada, Page 2200 (Chapter 483, SB 356)ê

 

      4.  An agent’s license is valid only while the agent is employed by a holder of a valid seller’s certificate of authority.

      Sec. 498.  NRS 689.520 is hereby amended to read as follows:

      689.520  1.  To qualify for an agent’s license, the applicant must have a good business and personal reputation and must file a written application with the commissioner on forms furnished by the commissioner.

      2.  The application must:

      (a) Contain information concerning the applicant’s identity, address, social security number, personal background and business, professional or work history.

      (b) Contain such other pertinent information as the commissioner may require.

      (c) Be accompanied by a complete set of fingerprints and written permission authorizing the commissioner to forward those fingerprints to the Federal Bureau of Investigation for its report.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the statement required pursuant to section 494 of this act.

      (f) Be accompanied by the applicable fee established in NRS 680B.010, which is not refundable.

      Sec. 499.  NRS 689.530 is hereby amended to read as follows:

      689.530  1.  Each agent’s license issued pursuant to NRS 689.450 to 689.595, inclusive, continues in effect for 3 years unless it is suspended, revoked or otherwise terminated.

      2.  An agent’s license may be renewed, unless it has been suspended or revoked, at the request of the holder of a valid seller’s permit upon filing a written request for renewal accompanied by the applicable fee for renewal [, which] and the statement required pursuant to section 494 of this act. The fee for renewal is not refundable.

      3.  The commissioner may accept a request for renewal which is received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required [.] and the statement required pursuant to section 494 of this act.

      4.  An agent’s license is valid only while the agent is employed by a holder of a valid seller’s permit.

      Sec. 500.  Chapter 692A of NRS is hereby amended by adding thereto the provisions set forth as sections 501, 502 and 503 of this act.

      Sec. 501.  1.  An applicant for the issuance or renewal of a license as a title agent or escrow officer shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2201 (Chapter 483, SB 356)ê

 

      (b) A separate form prescribed by the commissioner.

      3.  A license as a title agent or escrow officer may not be issued or renewed by the commissioner if the applicant:

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

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

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

      Sec. 502.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a title agent or escrow officer, the commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a license as a title agent or escrow officer that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act

      Sec. 503.  An application for the issuance of a license as a title agent or escrow officer must include the social security number of the applicant.

      Sec. 504.  NRS 692A.103 is hereby amended to read as follows:

      692A.103  1.  A person who wishes to obtain a license as an escrow officer must:

      (a) File a written application in the office of the commissioner;

      (b) Except as otherwise provided in subsection 3, demonstrate competency in matters relating to escrows by:

             (1) Having at least 1 year of recent experience with respect to escrows of a sufficient nature to allow him to fulfill the responsibilities of an escrow officer; or

             (2) Passing a written examination concerning escrows as prescribed by the commissioner;


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2202 (Chapter 483, SB 356)ê

 

      (c) Submit the name and business address of the title agent who will supervise the escrow officer; [and]

      (d) Submit the statement required pursuant to section 501 of this act; and

      (e) Pay the fees required by NRS 680B.010.

      2.  The commissioner shall issue a license as an escrow officer to any person who satisfies the requirements of subsection 1.

      3.  The commissioner may waive the requirements of paragraph (b) of subsection 1 if the applicant submits with his application satisfactory proof that he, in good standing, currently holds a license, or held a license within 1 year before the date he submits his application, which was issued pursuant to the provisions of NRS 645A.020.

      4.  A license issued pursuant to this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. The license may be renewed [by] upon submission of the statement required pursuant to section 501 of this act and payment of the applicable fee for renewal to the commissioner on or before the last day of the month in which the license is renewable.

      5.  A license which is not renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by the statement required pursuant to section 501 of this act and a fee for renewal of 150 percent of the fee otherwise required.

      6.  The commissioner shall adopt regulations to carry out the provisions of this section.

      Sec. 505.  Chapter 692B of NRS is hereby amended by adding thereto the provisions set forth as sections 506 and 507 of this act.

      Sec. 506.  1.  A natural person who applies for the issuance of a permit or license pursuant to this chapter shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.

      3.  A permit or license may not be issued by the commissioner pursuant to this chapter if the applicant is a natural person who:

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

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

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


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 2203 (Chapter 483, SB 356)ê

 

amount owed pursuant to the order, the commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 507.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a permit or license issued pursuant to this chapter, the commissioner shall deem the permit or license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the permit or license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the permit or license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a permit or license issued pursuant to this chapter that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose permit or license was suspended stating that the person whose permit or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 508.  NRS 692B.070 is hereby amended to read as follows:

      692B.070  1.  [Written] A written application for any permit required under NRS 692B.040 [shall] must be filed with the commissioner. The application [shall show,] must include or be accompanied by:

      (a) The name, type and purposes of the insurer, corporation, syndicate, association, firm or organization formed or proposed to be formed or financed;

      (b) The name, residence address, business background and experience for the preceding 10 years and qualifications of each person associated or to be associated as incorporator, director, promoter, manager or in other similar capacity in the enterprise, or in the formation of the proposed insurer, corporation, syndicate, association, firm or organization, or in the proposed financing, together with the fingerprints of each individual so associated or to be associated, on forms furnished by the commissioner;

      (c) A full disclosure of the terms of all pertinent understandings and agreements existing or proposed among any [individuals] persons or entities so associated or to be associated, and a copy of each such agreement;

      (d) Executed quadruplicate originals of the articles of incorporation of a proposed domestic stock or mutual insurer;

      (e) The original and one copy of the proposed bylaws of a proposed domestic stock or mutual insurer;

      (f) The plan according to which solicitations are to be made [;] and a reasonably detailed estimate of all organization and sales expenses to be incurred in the proposed organization and offering;

      (g) A copy of any security, receipt or certificate proposed to be offered, and a copy of any proposed subscription agreement or application therefor;


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ê1997 Statutes of Nevada, Page 2204 (Chapter 483, SB 356)ê

 

      (h) A copy of any prospectus, offering circular, advertising or sales literature or material proposed to be used;

      (i) A copy of the proposed form of any escrow agreement required;

      (j) A copy of:

             (1) The articles of incorporation of any corporation, other than a proposed domestic insurer, proposing to offer its securities, certified by the public officer having custody of the original thereof;

             (2) Any syndicate, association, firm, organization or other similar agreement, by whatever name called, if funds for any of the purposes referred to in subsection 1 of NRS 692B.040 are to be secured through the sale of any security, interest or right in or relative to such syndicate, association, firm or organization; and

             (3) If the insurer is, or is to be, a reciprocal insurer, the power of attorney and of other agreements existing or proposed affecting subscribers, investors, the attorney in fact or the insurer; [and]

      (k) If the applicant is a natural person, the statement required pursuant to section 506 of this act; and

      (l) Such additional pertinent information as the commissioner may reasonably require.

      2.  The application [shall] must be accompanied by a deposit of the fees required under NRS 680B.010 [(fee schedule)] for the filing of the application and for issuance of the permit, if granted.

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

      4.  In lieu of a special filing thereof of information [called for in] required by subsection 1, the commissioner may [, in his discretion,] accept a copy of any pertinent filing made with the Securities and Exchange Commission relative to the same offering.

      Sec. 509.  NRS 692B.190 is hereby amended to read as follows:

      692B.190  1.  No person [shall] may in this state solicit subscription to or purchase of any security covered by a solicitation permit issued under this chapter, unless then licensed therefor by the commissioner.

      2.  Such a license [shall] may be issued only to [individuals,] natural persons, and the commissioner shall not license any [individual] person found by him to be:

      (a) Dishonest or untrustworthy;

      (b) Financially irresponsible;

      (c) Of unfavorable personal or business history or reputation; or

      (d) For any other cause, reasonably unsuited for fulfillment of the responsibilities of such a licensee.

      3.  The applicant for such a license [shall] must file his written application therefor with the commissioner, on forms and containing inquiries as designated and required by the commissioner. The application [shall] must include the social security number of the applicant and be endorsed by the holder of the permit under which the securities are proposed to be sold. The application [shall] must be accompanied by the fingerprints of the applicant on forms furnished by the commissioner, and by the application fee specified in NRS 680B.010 . [(fee schedule).] The commissioner shall promptly cause an investigation to be made of the identity and qualifications of the applicant.


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ê1997 Statutes of Nevada, Page 2205 (Chapter 483, SB 356)ê

 

commissioner shall promptly cause an investigation to be made of the identity and qualifications of the applicant.

      4.  The license, if issued, [shall] must be for the period of the permit, and [shall] must automatically be extended if the permit is extended.

      5.  The commissioner shall revoke the license if at any time after issuance he has found that the license was obtained through misrepresentation or concealment of facts, or that the licensee is no longer qualified therefor, or that the licensee has misrepresented the securities offered, or has otherwise conducted himself in or with respect to transactions under the license in a manner injurious to the permit holder or to subscribers or prospects or the public.

      6.  This section does not apply to securities broker-dealers registered as such under the Securities Exchange Act of 1934, or with respect to securities the sale of which is underwritten , [(] other than on a best efforts basis , [)] by such a broker-dealer.

      7.  With respect to solicitation of subscriptions to or purchase of securities covered by a solicitation permit issued by the commissioner, the license required by this section is in lieu of a license or permit otherwise required of the solicitor under any other law of this state.

      Sec. 509.1.  Chapter 696A of NRS is hereby amended by adding thereto the provisions set forth as sections 509.2 and 509.3 of this act.

      Sec. 509.2.  1.  A natural person who applies for the issuance or renewal of a club agent’s license shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.

      3.  A club agent’s license may not be issued or renewed by the commissioner if the applicant is a natural person who:

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

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

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


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ê1997 Statutes of Nevada, Page 2206 (Chapter 483, SB 356)ê

 

      Sec. 509.3.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a club agent’s license, the commissioner shall deem the license to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a club agent’s license suspended by a district court pursuant to section 3.4 of this act if he receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 509.4.  NRS 696A.260 is hereby amended to read as follows:

      696A.260  1.  [Application] An application for a license as a club agent [shall be made] must be submitted to the commissioner upon forms prescribed and furnished by him. If the applicant is a natural person, the application must include the social security number of the applicant. As a part of, or in connection with, any application, the applicant shall furnish information concerning his identity, personal history, experience, business record and other pertinent facts which the commissioner may reasonably require.

      2.  If the applicant is a firm, partnership or corporation, the application, in addition to the requirements of subsection 1, shall:

      (a) Contain the names of all members and officers of the firm, partnership or corporation; and

      (b) Designate who is to exercise the powers to be conferred by the license on [such] the firm, partnership or corporation.

      3.  The commissioner shall require each [individual] natural person of a firm, partnership or corporation to furnish information to him as though applying for an individual license.

      4.  Any person willfully misrepresenting any fact required to be disclosed in any application [shall be] is subject to the penalties provided in NRS 696A.350.

      Sec. 509.5.  NRS 696A.300 is hereby amended to read as follows:

      696A.300  1.  Each license for a club agent issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon submission of the statement required pursuant to section 509.2 of this act and payment to the commissioner of the applicable fee for renewal and a fee of $15 for deposit in the insurance recovery account created by NRS 679B.305. The statement must be submitted and the fees must be paid on or before the last day of the month in which the license is renewable.


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ê1997 Statutes of Nevada, Page 2207 (Chapter 483, SB 356)ê

 

      2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by the statement required pursuant to section 509.2 of this act, a fee for renewal of 150 percent of the fee otherwise required and the fee of $15 for deposit in the insurance recovery account created by NRS 679B.305.

      3.  The commissioner shall collect in advance and deposit with the state treasurer for credit to the state general fund the following fees for licensure as a club agent:

      (a) Application and license.......................................................................................... $78

      (b) Appointment by each motor club............................................................................. 5

      (c) Triennial renewal of each license............................................................................ 78

      Sec. 510.  Chapter 697 of NRS is hereby amended by adding thereto the provisions set forth as sections 511 and 512 of this act.

      Sec. 511.  1.  A natural person who applies for the issuance or renewal of a bail agent’s, general agent’s, property bondsman’s or bail solicitor’s license shall submit to the commissioner the statement prescribed by the welfare division of the department of human resources pursuant to section 3 of this act. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the commissioner.

      3.  A bail agent’s, general agent’s, property bondsman’s or bail solicitor’s license may not be issued or renewed by the commissioner if the applicant is a natural person who:

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

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

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

      Sec. 512.  1.  If the commissioner receives a copy of a court order issued pursuant to section 3.4 of this act that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a bail agent’s, general agent’s, property bondsman’s or bail solicitor’s license, the commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.


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ê1997 Statutes of Nevada, Page 2208 (Chapter 483, SB 356)ê

 

30th day after the date on which the court order was issued unless the commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to section 3.6 of this act stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      2.  The commissioner shall reinstate a bail agent’s, general agent’s, property bondsman’s or bail solicitor’s license that has been suspended by a district court pursuant to section 3.4 of this act if the commissioner receives a letter issued by the district attorney or other public agency pursuant to section 3.6 of this act to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to section 3.8 of this act.

      Sec. 513.  NRS 697.180 is hereby amended to read as follows:

      697.180  1.  [Written] A written application for a bail agent’s, general agent’s, property bondsman’s or bail solicitor’s license must be filed with the commissioner by the applicant [,] and be accompanied by the applicable fees. The application [form] must include the social security number of the applicant and be accompanied by the applicant’s fingerprints . [, and] The application must require full answers to questions reasonably necessary to determine the applicant’s:

      (a) Identity and residence.

      (b) Business record or occupations [for not less than] the 2 years [next preceding, with] immediately preceding his application and the name and address of each employer, if any.

      (c) Experience or instruction in the bail bond business and relative to the laws of this state governing bail.

      2.  The commissioner may reasonably require other facts to determine the applicant’s qualifications for the license [applied for.] for which he has applied.

      3.  If the application is for a bail agent’s license, the application must be accompanied by a written appointment by an authorized insurer as agent for bail bonds, subject to issuance of the license.

      4.  If the application is for a general agent’s license, the application must be accompanied by a written appointment by an authorized insurer as general agent, subject to issuance of the license.

      5.  If the application is for a bail solicitor’s license, the application must be accompanied by an appointment by a licensed bail agent and a statement by the agent that he will exercise reasonable supervision over the conduct of the applicant and be responsible for the applicant’s conduct in the bail bond business.

      6.  If the applicant for a general agent’s license is a firm or corporation, the application must also name all members, officers and directors, and designate each natural person who is to exercise the license powers. Each person so designated must furnish information about himself as [though for an individual license.] if he were applying for the license as a natural person.

      7.  The applicant must verify his application. An applicant for a license under this chapter shall not knowingly misrepresent or withhold any fact or information called for in the application form or in connection therewith.


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ê1997 Statutes of Nevada, Page 2209 (Chapter 483, SB 356)ê

 

      Sec. 514.  NRS 697.230 is hereby amended to read as follows:

      697.230  1.  Each general agent’s, bail bondsman’s and bail solicitor’s license issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of the applicable fee for renewal to the commissioner on or before the last day of the month in which the license is renewable. The fee must be accompanied by a written request for renewal of the license [.] and, if the licensee is a natural person, the statement required pursuant to section 511 of this act. The request must be made and signed:

      (a) By the licensee in the case of a general agent’s or property bondsman’s license.

      (b) By the bail bondsman who employs the solicitor in the case of a bail solicitor’s license.

      2.  Any license referred to in subsection 1 and not so renewed on or before the last day specified for its renewal expires at midnight on that day. The commissioner may accept a request for renewal received by him within 30 days after the date of expiration, if accompanied by a fee for renewal of 150 percent of the fee otherwise required [.] and, if the person requesting renewal is a natural person, the statement required pursuant to section 511 of this act.

      3.  A bail agent’s license continues in force while there is in effect an appointment of him as a bail agent of one or more authorized insurers. Upon termination of all the bail agent’s appointments and his failure to replace any appointment within 60 days thereafter, his license expires and he shall promptly deliver his license to the commissioner.

      4.  The commissioner shall terminate the license of a general agent for a particular insurer upon a written request by the insurer.

      5.  Any property bondsman who discontinues writing bail bonds during the period for which he is licensed shall notify the clerk of the district court and the sheriff with whom he has registered and return his license to the commissioner for cancellation within 30 days after the discontinuance.

      6.  This section does not apply to temporary licenses issued under NRS 683A.300.

      Sec. 515.  Section 36 of chapter 512, Statutes of Nevada 1995, at page 1705, is hereby amended to read as follows:

       Sec. 36.  Section 9 of this act is hereby amended to read as follows:

      Sec. 9.  1.  An applicant for a certificate of registration to practice as a registered interior designer must be of good moral character and submit to the board:

      (a) An application on a form provided by the board;

      (b) The fees required pursuant to NRS 623.310;

      (c) The statement required pursuant to section 214 of this act;

      (d) Proof which is satisfactory to the board that he has completed:

             (1) At least 5 years of education in a program of interior design or an equivalent number of credits and at least 1 year of experience in interior design or residential interior design; or


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ê1997 Statutes of Nevada, Page 2210 (Chapter 483, SB 356)ê

 

             (2) At least 4 years of education in a program of interior design or an equivalent number of credits and at least 2 years of experience in interior design or residential interior design;

             [(3) At least 3 years of education in a program of interior design or an equivalent number of credits and at least 3 years of experience in interior design or residential interior design;

             (4) At least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in interior design or residential interior design; or

             (5) At least 6 consecutive years of experience in the practice of interior design or residential interior design;] and

      (e) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization.

      2.  Each program of interior design must be accredited by the Foundation for Interior Design Education Research or approved by the board.

      3.  The board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience and equivalent credits required pursuant to subsection 1 as those standards exist on the date of the adoption of the regulation.

      4.  Any application submitted to the board may be denied for any violation of the provisions of this chapter.

      Sec. 516.  Section 183 of chapter 580, Statutes of Nevada 1995, at page 2056, is hereby amended to read as follows:

       Sec. 183.  NRS 686B.140 is hereby amended to read as follows:

       686B.140  1.  A rate service organization or an advisory organization applying for a license as required by NRS 686B.130 must include with its application:

       (a) A copy of its constitution, charter, articles of organization, agreement, association or incorporation, and a copy of its bylaws, plan of operation and any other rules or regulations governing the conduct of its business;

       (b) A list of its membership and subscribers;

       (c) The name and address of one or more residents of this state upon whom notices, process affecting it or orders of the commissioner may be served;

       (d) A statement showing its technical qualifications for acting in the capacity for which it seeks a license;

       (e) If the applicant is a natural person [,] who wishes to obtain a license as a rate service organization, the statement required pursuant to section 490 of this act;

       (f) Any other relevant information and documents that the commissioner may require; and

       (g) The applicable fee.

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

       3.  Every organization which has applied for a license [under] pursuant to subsection 1 shall thereafter promptly notify the commissioner of every material change in the facts or in the documents on which its application was based.


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ê1997 Statutes of Nevada, Page 2211 (Chapter 483, SB 356)ê

 

commissioner of every material change in the facts or in the documents on which its application was based.

       4.  If the commissioner finds that the applicant and the natural persons through whom it acts are competent, trustworthy and technically qualified to provide the services proposed, and that all requirements of law are met, he shall issue a license specifying the authorized activity of the applicant. He shall not issue a license if the proposed activity would tend to create a monopoly or to lessen or destroy [price competition.] competition in prices.

       5.  A license issued pursuant to this section continues in effect until the licensee leaves the state or until the license is suspended, revoked or otherwise terminated. A license may be renewed upon:

       (a) If the licensee is a natural person [,] who has been issued a license as a rate service organization, submission of the statement required pursuant to section 490 of this act and payment of the applicable fee for renewal to the commissioner on or before the last day on which the license is renewable; or

       (b) If the licensee is an advisory organization or a rate service organization that is not a natural person, payment of the applicable fee for renewal to the commissioner on or before the last day on which the license is renewable.

       6.  A license which is not renewed annually expires on March 1. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by:

       (a) If the licensee is a natural person [,] who has been issued a license as a rate service organization, the statement required pursuant to section 490 of this act and a fee for renewal of 150 percent of the fee otherwise required; or

       (b) If the licensee is a rate service organization that is not a natural person [,] or is an advisory organization, a fee for renewal of 150 percent of the fee otherwise required.

       7.  Any amendment to a document filed [under] pursuant to paragraph (a) of subsection 1 must be filed at least 30 days before it becomes effective. Failure to comply with this subsection is a ground for revocation of the license granted [under] pursuant to subsection 4.

      Sec. 517.  1.  The welfare division of the department of human resources shall conduct a study of the effectiveness of the provisions of this act. The study must include an analysis of the impact of the provisions of this act on the agencies in this state that issue professional, occupational or recreational licenses, certificates or permits and the persons to whom those agencies issue such licenses, certificates or permits.

      2.  The welfare division shall report the results of the study and any recommended legislation to the Director of the Legislative Counsel Bureau on or before January 1, 1999, for transmittal to the 70th Session of the Nevada Legislature.

      Sec. 518.  The amendatory provisions of sections 1 to 4, inclusive, and 6 to 516, inclusive, of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

 


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ê1997 Statutes of Nevada, Page 2212 (Chapter 483, SB 356)ê

 

under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      1.  Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      2.  Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

      Sec. 519.  1.  This section and sections 1 to 5, inclusive, 6 to 109, inclusive, 111, 112, 114 to 118, inclusive, 121 to 131, inclusive, 133, 136 to 216, inclusive, 218, 221 to 235, inclusive, 238 to 275, inclusive, 278 to 290, inclusive, 292 to 405, inclusive, 407 to 514, inclusive, 516, 517 and 518 of this act become effective on October 1, 1997.

      2.  Sections 110, 113, 119, 120, 217, 219, 220, 236, 237, 276, 291, 406 and 515 of this act become effective at 12:01 a.m. on October 1, 1997.

      3.  Sections 132, 134 and 135 of this act become effective at 12:02 a.m. on October 1, 1997.

      4.  Section 5.5 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

________

 

CHAPTER 484, AB 173

Assembly Bill No. 173–Committee on Infrastructure

CHAPTER 484

AN ACT relating to public improvements; authorizing certain counties to establish a schedule of penalties for the delinquent payment of the surcharge on certain telephone lines and services to pay for the enhancement of telephone systems for reporting emergencies in those counties; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244A.7643 is hereby amended to read as follows:

      244A.7643  1.  The board of county commissioners in a county whose population is more than 100,000 but less than 400,000 may, by ordinance, impose a surcharge on:

      (a) Each access line or trunk line of each customer to the local exchange of any telephone company providing those lines in the county; and

 

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