[Rev. 8/25/2014 11:54:26 AM]

[NAC-648 Revised Date: 9-14]

CHAPTER 648 - PRIVATE INVESTIGATORS, PRIVATE PATROL OFFICERS, POLYGRAPHIC EXAMINERS, PROCESS SERVERS, REPOSSESSORS AND DOG HANDLERS

GENERAL PROVISIONS

648.110            Definitions.

648.115            “Private investigator” interpreted.

PRIVATE INVESTIGATOR’S LICENSING BOARD

648.120            Executive Director: Employment.

648.130            Meetings.

648.140            Executive Director: Duties.

LICENSING

648.215            “Corporation” defined.

648.220            Financial statement.

648.230            Application by corporation.

648.235            Corporations: Licensing without qualifying agent.

648.250            Corporations: Contracts of employment.

648.260            Qualifying agents for corporations; background investigations.

648.265            Limitations on qualifying agents for corporations.

648.270            Partnerships.

648.275            Qualifications of applicants: Credit for certain educational degrees.

648.280            Application for authorization to work on case in this State by person licensed in another jurisdiction; quarterly report to Board.

648.290            Record of criminal history.

648.310            Examinations.

648.320            Compliance with prerequisites for license.

648.325            Insurance required for all services provided under license.

648.330            Holding of license in abeyance; investigation of certain licensees who voluntarily place license in abeyance before return of license to licensee.

UNLICENSED EMPLOYEES

648.334            “Person” and “nonlicensed person” interpreted.

648.336            Determination of who is “bona fide employee” for purposes of NRS 648.140.

648.338            Employment of unlicensed persons: Restrictions; exemption.

648.3385          Employment of unlicensed persons: Registration requirements; duties of licensee; interpretation of “employed by.”

648.339            Application for registration: Review and denial or approval.

648.3395          Application for registration: Confidentiality.

648.3403          Registration fees due from applicant.

648.341            Examination: Administration; verification of passing score.

648.342            Examination: Scope.

648.343            Date of examination of employee to be recorded on Internet website for system of records; duties of licensee; proof that employee passed examination.

648.3435          Internet website for system of records regarding certain persons; confidentiality of information contained in system of records.

648.344            Change of employment notice.

648.3443          Suspension and reinstatement of provisional registration.

648.3447          Reapplication following denial, suspension or revocation of registration.

CARRYING, HANDLING AND USING FIREARMS SAFELY

648.345            Prerequisites; certification of firearms instructors; renewal.

648.346            Course of training: Required curriculum; written examination; instruction and training on firing range; request for exemption by certain instructors; substitute course.

648.348            Course of training: Compliance with established curriculum; failure to comply; request for exemption to conduct course outside this State.

648.350            Course of training: Certification of successful completion and qualification with firearm; issuance of certification card; maintenance of certification; repetition of course and request for exemption by certain persons; fees; duties of certified person.

648.355            Duties of certified firearms instructors.

POLYGRAPHIC EXAMINERS AND EXAMINATIONS

648.360            Approved instruments.

648.365            Standards of accuracy and reliability of instruments; verification of standards.

648.370            Interns: Qualifications of supervising examiner.

648.375            Interns: Phases of supervision; responsibility of supervising examiner.

648.380            Reports of intern’s progress.

648.385            Supervising examiners: List of interns; termination of relationship; termination of status.

648.390            Demonstration of completion of internship.

648.395            Licensing: Required instruction.

648.400            Licensing on basis of reciprocity.

ADMINISTRATIVE PROCEEDINGS

648.410            Petitions concerning regulations: Filing.

648.420            Petitions concerning regulations: Consideration.

648.430            Petitions for declaratory orders or advisory opinions.

648.431            Notice of violation: Imposition of fine.

648.433            Notice of violation: Service and filing; payment of fine.

648.437            Citation: “Reasonable time for abatement of the violation” interpreted.

648.439            Citation: Service and filing; payment of fine.

648.440            Disciplinary hearings: Procedure.

648.450            Disciplinary hearings: Counsel.

648.460            Disciplinary hearings: Decision.

PROGRAMS OF SELF-INSURANCE

648.480            Eligibility.

648.485            Statement of scope of coverage.

648.490            Application for qualification; effective date of program.

648.495            Insolvency of licensee.

MISCELLANEOUS PROVISIONS

648.510            Branch managers.

648.520            Operation of corporation upon death or disability of or cessation of affiliation with corporation by qualified person.

648.525            Use of license number in advertisements and written communications regarding business.

648.530            Uniforms, badges and patches.

648.540            Business names.

648.545            Private investigators: Service of subpoena in conjunction with ongoing investigation.

PROHIBITED ACTS

648.570            Prohibited acts by person neither licensed nor exempted from licensure: Engaging as contractor in activities regulated by chapter 648 of NRS; submitting bid relating to such activities; bid submitted in violation of section void.

 

 

GENERAL PROVISIONS

      NAC 648.110  Definitions. (NRS 648.030)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 648.006 to 648.016, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Priv. Investigator’s Lic. Bd., 11-13-85)

      NAC 648.115  “Private investigator” interpreted. (NRS 648.030)

     1.  The Board will interpret the term “private investigator,” as defined in NRS 648.012, to exclude a gaming licensee who maintains an employer-employee relationship with:

     (a) A natural person to act as a customer or client of the gaming licensee to evaluate the service provided to actual customers or clients of the gaming licensee by its employees;

     (b) A natural person to act as a customer or client of the gaming licensee to evaluate:

          (1) The operational procedures of the gaming licensee;

          (2) The cleanliness of the property of the gaming licensee; or

          (3) The quality, availability and prices of the goods and services of the gaming licensee; or

     (c) A business entity, licensed pursuant to chapter 648 of NRS, to evaluate the operational procedures and methods of prevention and study used by the gaming licensee relating to the problems of gambling and the consumption of alcoholic beverages by minors.

     2.  As used in this section, “gaming licensee” means a holder of a nonrestricted gaming license issued pursuant to chapter 463 of NRS.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R138-01, eff. 4-5-2002)

PRIVATE INVESTIGATOR’S LICENSING BOARD

      NAC 648.120  Executive Director: Employment. (NRS 648.025, 648.030)  The Chair shall employ an Executive Director for the Board.

     [Priv. Investigator’s Lic. Bd., eff. 11-12-69]—(NAC A 7-16-85, eff. 8-1-85; 4-22-93)

      NAC 648.130  Meetings. (NRS 648.030)

     1.  The Board will meet quarterly at a time and place designated by the Chair.

     2.  The Chair may call a special meeting when he or she deems it to be necessary.

     3.  The Chair shall conduct meetings of the Board in accordance with Robert’s Rules of Order, and according to the agenda published for that meeting.

     [Priv. Investigator’s Lic. Bd., eff. 11-12-69]

      NAC 648.140  Executive Director: Duties. (NRS 648.025, 648.030)  The Executive Director shall:

     1.  Prepare the agenda for the meeting under the supervision of the Chair and considering the suggestions of the members;

     2.  Forward a copy of the agenda to each member of the Board not later than 15 days before the scheduled date of the meeting;

     3.  Give an account of all money received by the Board at each meeting;

     4.  Keep a record of each meeting and make copies of the minutes available to each member of the Board; and

     5.  Preserve the record of each meeting as a state record.

     [Priv. Investigator’s Lic. Bd., eff. 11-12-69]—(NAC A 4-22-93)

LICENSING

      NAC 648.215  “Corporation” defined. (NRS 648.030)  For the purposes of NAC 648.215 to 648.330, inclusive, the term “corporation” includes a limited-liability company and a foreign limited-liability company.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R146-97, eff. 2-12-98)

      NAC 648.220  Financial statement. (NRS 648.030, 648.080)  An applicant must submit a true financial statement with his or her application upon forms prescribed and furnished by the Board.

     [Priv. Investigator’s Lic. Bd., § 16, eff. 1-16-74]

      NAC 648.230  Application by corporation. (NRS 648.030, 648.080)

     1.  If an applicant is a corporation, a background biography and a standard Federal Bureau of Investigation fingerprint card for each of the three principal officers of the corporation must be submitted with the application.

     2.  If the applicant is a corporation which is owned by a holding company or is a wholly-owned subsidiary of another corporation, a background biography and fingerprint card must be submitted for each of the three principal officers of the holding company or parent corporation.

     [Priv. Investigator’s Lic. Bd., § 17, eff. 7-1-74]

      NAC 648.235  Corporations: Licensing without qualifying agent. (NRS 648.030)

     1.  The Board may grant a license to a corporation without a qualifying agent if the corporation:

     (a) Complies with all other statutory and regulatory prerequisites for the license;

     (b) Agrees to file an application for a qualifying agent within 6 months after the date the Board approves the application; and

     (c) Agrees not to engage in the occupation for which it is licensed until the application for a qualifying agent is approved by the Board.

     2.  If a corporation is granted a license pursuant to subsection 1 and fails to comply with any provision of subsection 1, the license is automatically forfeited and the Board will rescind its approval and reject the application.

     3.  If the Board rescinds its approval pursuant to this section, the Executive Director shall demand the return of the license, and the licensee shall return it as soon as practicable.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 4-22-93)

      NAC 648.250  Corporations: Contracts of employment. (NRS 648.030)  A corporation which submits an application for qualification of an agent shall include with the application a copy of the employment contract between the corporation and the agent. The contract must set forth the agent’s responsibilities, duties and authority in detail.

     [Priv. Investigator’s Lic. Bd., eff. 6-30-78]

      NAC 648.260  Qualifying agents for corporations; background investigations. (NRS 648.030)

     1.  A person who holds a license may change his or her status to that of a qualifying agent for a corporate licensee without taking the written examination, if the transfer is within the same category of license. The Board may require a background investigation of any person whose status has changed pursuant to this section if:

     (a) The most recent background investigation was completed more than 18 months before the change in status; or

     (b) There has been any complaint filed against the person with the Board.

     2.  If a person who is applying for a license for himself or herself previously held a license in the same category and surrendered it to become a qualifying agent for a corporation, the Board may require a background investigation if:

     (a) The most recent background investigation was completed more than 18 months before the person applied for the license for himself or herself; or

     (b) There has been any complaint filed against the person with the Board.

     [Priv. Investigator’s Lic. Bd., eff. 6-30-78]—(NAC A 7-16-85, eff. 8-1-85; A by Priv. Investigator’s Lic. Bd. by R047-12, eff. 10-23-2013)

      NAC 648.265  Limitations on qualifying agents for corporations. (NRS 648.030, 648.120)

     1.  After August 15, 1981, the Board will not approve any application by a person to become a qualifying agent in the same category of license for more than one corporation. Any person whom the Board has approved before that date as a qualifying agent for two or more corporations may continue to serve each such corporation so long as the person does not terminate affiliation with it.

     2.  Any person who holds a license issued by the Board must surrender that license for cancellation or to be held in abeyance before the Board will approve the person’s application to become a qualifying agent for a corporate license in the same category of license.

     3.  Any person who has been issued an identification card as the qualifying agent for a corporate licensee must surrender that card to the Board for destruction before the Board will approve the person’s application for a license for himself or herself or return the person’s license held in abeyance.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 8-21-81; A 7-16-85, eff. 8-1-85)

      NAC 648.270  Partnerships. (NRS 648.030)  Each person who is a partner in a business whose activities are required to be licensed by chapter 648 of NRS must be licensed pursuant to the provisions of that chapter.

     [Priv. Investigator’s Lic. Bd., § 9, eff. 1-16-74]

      NAC 648.275  Qualifications of applicants: Credit for certain educational degrees. (NRS 648.030, 648.110)  The Board will grant credit toward the experience required pursuant to subsection 2 of NRS 648.110 to an applicant for a private investigator’s or private patrol officer’s license as follows:

     1.  For receipt of an associate’s degree in police science or criminal justice from an accredited community college, the Board will grant 8 months of credit.

     2.  For receipt of a bachelor’s degree in police science or criminal justice from an accredited college or university, the Board will grant 1 1/2 years of credit.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 4-22-93)

      NAC 648.280  Application for authorization to work on case in this State by person licensed in another jurisdiction; quarterly report to Board. (NRS 648.030)

     1.  A private investigator, repossessor, private patrol officer, polygraphic examiner or process server who:

     (a) Has been licensed and is in good standing in another state or a territory of the United States;

     (b) Has begun activities for a client in a particular case in that jurisdiction; and

     (c) Needs to continue the activities of that case in Nevada,

Ê may apply to the Executive Director of the Board for authorization to work on that case in Nevada. A licensee of the Board in the appropriate category must agree with the applicant to oversee the applicant’s work in this State and to obligate the licensee’s insurance for protection against liability to third persons to cover the applicant’s activities in this State.

     2.  The application must include:

     (a) Evidence of the applicant’s license and good standing in the other jurisdiction;

     (b) A brief description of the type of work the applicant intends to do in this State;

     (c) An estimate of the time necessary to accomplish the work; and

     (d) A copy of an independent contractor agreement between the applicant and a licensee of the Board in the appropriate category.

     3.  If the application is in order, the Executive Director may authorize the described work for an appropriate period.

     4.  In the absence of special circumstances, repeated applications made pursuant to this section constitute a cause for denial of the application.

     5.  The Executive Director shall provide a quarterly report to the Board indicating the number of applications approved pursuant to this section.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 8-21-81; A 12-28-83; 11-13-85; R047-12, 10-23-2013)

      NAC 648.290  Record of criminal history. (NRS 648.030)  In order to obtain a license, an applicant must sign a form prescribed and furnished by the Board which authorizes the Board to obtain a record of the criminal history of the applicant from an agency of criminal justice as defined in NRS 179A.030. The applicant’s refusal to make this record available to the Board in the manner prescribed constitutes grounds for the denial of a license pursuant to NRS 648.100.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 1-27-89)

      NAC 648.310  Examinations. (NRS 648.030, 648.100)

     1.  The Board will prepare examinations and may designate one or more police officers or other law enforcement officials to administer them.

     2.  Examinations will be given in January, April, July and October of each year.

     3.  The Executive Director shall fix the time, date and place for each examination.

     4.  Except as otherwise provided in subsection 5, examinations will be administered simultaneously to all applicants whether or not the examinations are being given at one location or more than one location.

     5.  Field examinations for licensing as canine security handlers and trainers will not be administered at the same time as written examinations are being given.

     [Priv. Investigator’s Lic. Bd., § 7, eff. 1-15-74]—(NAC A 4-22-93)

      NAC 648.320  Compliance with prerequisites for license. (NRS 648.030)

     1.  Except as otherwise provided pursuant to NAC 648.235, if the Board has approved an application for a license and has directed that the license be issued subject to compliance by the applicant with all statutory and regulatory prerequisites for the license, the applicant must comply within 90 days after the date on which the Board approved the application.

     2.  If the applicant fails to comply within 90 days, the Board may rescind its approval and reject the application unless the applicant has shown good cause for the delay.

     3.  If the Board rescinds its approval pursuant to this section, the Executive Director shall demand the return of the license, and the licensee shall return it as soon as practicable.

     [Priv. Investigator’s Lic. Bd., § 29, eff. 7-2-75]—(NAC A 4-22-93)

      NAC 648.325  Insurance required for all services provided under license. (NRS 648.030, 648.135)  A licensee must be properly insured pursuant to NRS 648.135 for all services provided under his or her license.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R182-05, eff. 5-4-2006)

      NAC 648.330  Holding of license in abeyance; investigation of certain licensees who voluntarily place license in abeyance before return of license to licensee. (NRS 648.030, 648.120)

     1.  If a licensee or an applicant is or becomes employed as a peace officer, as defined in NRS 169.125, or by a federal, state or local law enforcement agency, or in a position which makes him or her eligible to contribute to any public employees’ retirement system and the Board finds that his or her private activities as a licensee create or would tend to create:

     (a) A conflict of interest with his or her responsibilities to the public employer and his or her duty to discharge them; or

     (b) The possibility of a use of his or her position with the public employer for personal advantage in the private activities,

Ê the Board will hold his or her license in abeyance for as long as he or she continues to have those responsibilities or serve in that position. Except as otherwise provided in subsection 2, a licensee may not engage in licensed activities while his or her license is being held in abeyance.

     2.  Except as otherwise provided in this subsection, a licensee who is the qualifying agent for a corporate licensee pursuant to chapter 648 of NRS may have his or her license placed in abeyance as long as he or she refrains from engaging in licensed activities independent of his or her status as a qualifying agent. A licensee who became a qualifying agent before January 1, 1985, may have the license that is in the same category as his or her status as a qualifying agent placed in abeyance for as long as he or she retains such status. If the Board finds that a licensee’s status as a qualifying agent creates or would tend to create:

     (a) A conflict of interest with his or her responsibilities to the public employer and his or her duty to discharge them; or

     (b) The possibility of a use of his or her position with the public employer for personal advantage in the private activities,

Ê the licensee may no longer act as a qualifying agent for the corporation.

     3.  A licensee whose license is held in abeyance pursuant to subsection 1 or 2, must surrender the license to the Executive Director of the Board. If the provisions of subsection 1 or 2 no longer require that a license be held in abeyance, the Executive Director shall return the license to the former holder. The Executive Director may consult with the Board before making this determination.

     4.  If a licensee who is not in the situation described in subsection 1 or 2 wishes to have his or her license held in abeyance, he or she may voluntarily surrender the license to the Executive Director, who will hold it in abeyance for any period specified by the requester, not exceeding 3 years. The Board may, upon request, grant an extension of the 3-year period if it finds that good cause warrants the extension. The Board will conduct an investigation of each licensee who, at the time he or she requests the return of the license held in abeyance pursuant to this subsection:

     (a) Is not a qualifying agent of a corporation licensed by the Board;

     (b) Is not working pursuant to any other license issued to him or her by the Board; or

     (c) Is not employed as a peace officer, as defined in NRS 169.125, or by a federal, state or local law enforcement agency, or in a position which makes him or her eligible to contribute to any public employees’ retirement system and the Board believes that his or her private activities as a licensee create or would tend to create:

          (1) A conflict of interest with his or her responsibilities to the public employer and his or her duty to discharge them; or

          (2) The possibility of a use of his or her position with the public employer for personal advantage in the private activities.

Ê The Board will, upon completion of its investigation, notify the licensee whether the license will be returned.

     5.  The Board will not hold the license of an intern in abeyance.

     6.  A license which is being held in abeyance pursuant to this section must be renewed in accordance with the provisions for such licenses set forth in chapter 648 of NRS.

     [Priv. Investigator’s Lic. Bd., § 11, eff. 1-15-74; A 8-21-81]—(NAC A 7-16-85, eff. 8-1-85; 10-16-87; 4-22-93; 10-25-93; 10-20-95)

UNLICENSED EMPLOYEES

      NAC 648.334  “Person” and “nonlicensed person” interpreted. (NRS 648.030, 648.060)

     1.  The Board will interpret the word “person,” as used in subsection 2 of NRS 648.060, to include a person who:

     (a) Is employed by a licensee on a temporary basis; or

     (b) Performs clerical or administrative services as an employee of a licensee.

Ê The term does not include a licensee.

     2.  The Board will interpret the term “nonlicensed person,” as used in subsection 3 of NRS 648.060, to include a person who:

     (a) Is employed by a licensee on a temporary basis; or

     (b) Performs clerical or administrative services as an employee of a licensee.

     3.  It is unprofessional conduct for a licensee to evade the requirements of NRS 648.060, as interpreted by this section, by falsely representing that an employee of the licensee is an independent contractor.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R002-97, eff. 2-4-98)—(Substituted in revision for NAC 648.555)

      NAC 648.336  Determination of who is “bona fide employee” for purposes of NRS 648.140. (NRS 648.030, 648.140)  For the purposes of NRS 648.140, an employee of a licensee shall be deemed to be a “bona fide employee” if:

     1.  The Board makes a determination that the employee is subject to the control of the licensee with regard to the performance of services;

     2.  The wages paid to the employee by the licensee are subject to the Federal Insurance Contributions Act, 26 U.S.C. §§ 3101 et seq., and the Federal Unemployment Tax Act, 26 U.S.C. §§ 3301 et seq.; and

     3.  The licensee is required to file reports with the Employment Security Division of the Department of Employment, Training and Rehabilitation and its insurer who provides industrial insurance concerning the payment of compensation to the employee. As used in this subsection, “insurer” has the meaning ascribed to it in NRS 616A.270.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 4-22-93; A 10-20-95; R047-12, 10-23-2013)—(Substituted in revision for NAC 648.560)

      NAC 648.338  Employment of unlicensed persons: Restrictions; exemption. (NRS 648.030, 648.140)

     1.  Except as otherwise provided in subsection 2, a licensee may not employ an unlicensed person who is or becomes employed:

     (a) As a peace officer, as defined in NRS 169.125;

     (b) By a federal, state or local law enforcement agency; or

     (c) In a position which makes the unlicensed person eligible to contribute to any public employees’ retirement system.

     2.  Upon receipt of a written request for exemption, the Board may grant an exemption from the prohibitions set forth in subsection 1 if the Board finds that the private activities of the unlicensed person on behalf of the licensee would not create or tend to create:

     (a) A conflict of interest with his or her responsibilities to the public employer and his or her duty to discharge them; or

     (b) The possibility of a use of his or her position with the public employer for personal advantage in his or her private activities.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-18-88; A 7-7-94; R107-06, 7-14-2006)

      NAC 648.3385  Employment of unlicensed persons: Registration requirements; duties of licensee; interpretation of “employed by.” (NRS 648.030, 648.060, 648.140, 648.1495)

     1.  A licensee shall not employ a person unless the person employed by the licensee is provisionally registered or registered. A licensee shall immediately terminate the employment of a person employed by a licensee if the Board notifies the licensee that the Board has denied, suspended or revoked the provisional registration or registration of the person.

     2.  If a person applies for employment with a licensee, the licensee or a designated employee of the licensee shall review the system of records maintained by the Board pursuant to NAC 648.3435 to determine whether the person is registered, is provisionally registered or has had his or her registration or provisional registration denied, suspended or revoked.

     3.  If a licensee determines that the person is not registered or provisionally registered, and is not subject to denial, suspension or revocation, the licensee must instruct the person to:

     (a) Complete the application for registration;

     (b) Obtain two complete sets of fingerprints or provide a receipt for electronic submission of fingerprints to the Board;

     (c) Pay all applicable fees; and

     (d) Unless otherwise instructed by the Board, submit the application for registration to the Board.

     4.  If a licensee determines that the provisional registration or registration of a person who applies for employment with the licensee has been denied, suspended or revoked by the Board, the licensee shall notify the applicant that he or she must contact the Board to obtain information concerning the denial, suspension or revocation.

     5.  Each licensee shall maintain a passport-size photograph of each person employed by the licensee. The licensee shall retain the photograph for not less than 5 years after the last date on which the person is employed by the licensee. The photograph may be in the form of a photograph or may be digitally stored, but the photograph must be capable of being reproduced and available at the request of the Board.

     6.  Any person who violates the provisions of this section is subject to disciplinary action by the Board.

     7.  A licensee shall maintain written documentation establishing that the licensee received an application from each applicant for employment before accessing the Internet website established pursuant to NAC 648.3435 for at least 4 years after the date of receipt of the application.

     8.  The Board will interpret “employed by” as used in this section and NRS 648.060 to include a person who performs the same duties as an employee.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09, eff. 10-15-2010; A by R047-12, 10-23-2013)

      NAC 648.339  Application for registration: Review and denial or approval. (NRS 648.030, 648.140, 648.1493, 648.1495)

     1.  The Board will review each application for registration for completeness.

     2.  The Board will conduct an investigation of the applicant to determine whether the applicant is eligible to be or continue to be an employee of a licensee.

     3.  The Board may deny an application for registration within 90 days after receipt of the complete application for any reasonable cause.

     4.  The Board will deny an application for registration if the applicant has been convicted of a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon.

     5.  If the Board denies an application for registration, the Board shall provide notice of the denial to the applicant and the applicant’s employer. The notice to the applicant must include notice of the right of the applicant to appeal the decision to the Board.

     6.  If the Board denies an application, the applicant may appeal the denial by filing a request for appeal with the Board not later than 30 days after the applicant receives notice of the denial. If the applicant does not request an appeal, the decision of the Board to deny the application is deemed final.

     7.  If the Board approves the registration of an applicant, the applicant is eligible for employment with a licensee unless the applicant’s registration expires, is suspended or is revoked.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09, eff. 10-15-2010)

      NAC 648.3395  Application for registration: Confidentiality. (NRS 648.030, 648.140, 648.1495)  An application for registration is confidential. A licensee or any employee of a licensee shall not access or use any information contained in an application for any purpose unless:

     1.  The applicant provides written consent to the licensee; or

     2.  Otherwise permitted by law.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09, eff. 10-15-2010)

      NAC 648.3403  Registration fees due from applicant. (NRS 648.030, 648.140, 648.1493)

     1.  The Board will charge and collect the following fees for registration with the Board:

     (a) If the applicant submits to the Board two fingerprint cards, $95; or

     (b) If the applicant submits to the Board a receipt for the electronic submission of fingerprint cards, $85.

     2.  Each applicant must submit the fee required by subsection 1 with the application for registration.

     3.  The fee required by this section is in addition to any other fee required by law.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09, eff. 10-15-2010)

      NAC 648.341  Examination: Administration; verification of passing score. (NRS 648.030, 648.140)  Before a licensee employs an unlicensed person, a private patrol officer or security guard who is licensed by the Board must:

     1.  Administer an examination provided by the Board and ensure that the unlicensed person passes the examination with a score of 100 percent;

     2.  Verify that the unlicensed person has passed an examination administered by the Board with a score of 100 percent; or

     3.  Verify that the unlicensed person has passed an examination administered by another licensee within the immediately preceding 60 months with a score of 100 percent.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R190-99, 1-18-2000, eff. 10-1-2000; A by R190-99, 1-18-2000, eff. 10-1-2002; R017-05, 5-4-2006; R047-12, 10-23-2013)

      NAC 648.342  Examination: Scope. (NRS 648.030, 648.140)  The examination provided by the Board and administered by the licensee must be designed to ensure that each registered employee has a familiarity with and a thorough understanding of core topics, and must include, without limitation:

     1.  Recognizing noncompliance with specific laws, including, without limitation, NRS 171.126, 199.310, 199.430, 207.200, 648.013, 648.016, subsection 5 of NRS 648.030, NRS 648.060, 648.063, 648.140, 648.160, 648.200 and 648.203;

     2.  Recognizing noncompliance with specific regulations, including, without limitation, subsection 3 of NAC 648.334, NAC 648.338 and subsection 5 of NAC 648.431;

     3.  General rights of citizens;

     4.  Powers of arrest; and

     5.  Limits of authority.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R190-99, 1-18-2000, eff. 10-1-2000)

      NAC 648.343  Date of examination of employee to be recorded on Internet website for system of records; duties of licensee; proof that employee passed examination. (NRS 648.030, 648.140)

     1.  A private patrol officer or security guard licensed by the Board who administers an examination provided by the Board to an unlicensed person shall record the date of the examination on the unlicensed person’s record on the Internet website established pursuant to NAC 648.3435 within 5 business days after the date of the examination.

     2.  The licensee shall keep a copy of the results of the examination on file for 60 months after the date of the examination. The Board may audit the records of the licensee. The licensee shall notify the Board through the Internet website established pursuant to NAC 648.3435 within 10 days after the licensee terminates the employment of an unlicensed employee.

     3.  As proof that an unlicensed employee has passed the examination with a score of 100 percent, a licensee may accept a card issued for that purpose by the Board to the unlicensed employee which contains the results of the examination or verify the examination through the Internet website established pursuant to NAC 648.3435.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R190-99, 1-18-2000, eff. 10-1-2000; A by R017-05, 5-4-2006; R047-12, 10-23-2013)

      NAC 648.3435  Internet website for system of records regarding certain persons; confidentiality of information contained in system of records. (NRS 648.030, 648.140, 648.1495)

     1.  The Board will establish and maintain an Internet website that contains a system of records which:

     (a) Contains information regarding:

          (1) Each person who is registered with the Board, including, without limitation, the contact information of the licensee who employs the person; and

          (2) Each person who has applied for registration with the Board, including, without limitation, the contact information of the person; and

     (b) Identifies each person whose registration is expired, is denied by the Board, or is otherwise suspended or revoked.

     2.  The portion of the Internet website that contains the system of records may only be accessed in the manner authorized by this section and NAC 648.3385.

     3.  Before a licensee grants any employee access to the portion of the Internet website that contains the system of records maintained by the Board, the licensee shall provide the Board with the name, social security number and date of birth of the employee.

     4.  Upon the termination of employment of the employee or the reassignment of the employee to a position that no longer requires the employee to access the portion of the Internet website that contains the system of records, the licensee shall immediately notify the Board of the termination or reassignment.

     5.  Except as otherwise provided in this section and NAC 648.3385, the information contained in the system of records is confidential and must not be disclosed by any licensee or employee of a licensee.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09, eff. 10-15-2010; A by R047-12, 10-23-2013)

      NAC 648.344  Change of employment notice. (NRS 648.030, 648.140, 648.1495)

     1.  If a person who is registered becomes employed by another or additional licensee, the new employer shall file a change of employment notice with the Board by entering the information required by the Board into the system of records contained on the Internet website established pursuant to NAC 648.3435 not later than 5 business days after the employee becomes employed with the new employer.

     2.  A person is deemed provisionally registered as an employee upon the filing of a change of employment notice in accordance with subsection 1. The provisional registration is valid for 90 days after the provisional registration is issued by the Board, unless the Board denies, suspends or revokes the provisional registration.

     3.  The filing of the change of employment notice does not affect the date on which the registration of the employee expires.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09, eff. 10-15-2010)

      NAC 648.3443  Suspension and reinstatement of provisional registration. (NRS 648.030, 648.140, 648.1493)

     1.  The Board may suspend a provisional registration issued pursuant to NRS 648.1495 if the Board determines that:

     (a) The application for the provisional registration is not complete; or

     (b) The fingerprints submitted by the applicant are illegible or unclassifiable.

     2.  If the Board suspends a provisional registration pursuant to subsection 1, the Board shall notify the applicant and his or her employer of the suspension. The applicant shall not work as an employee of a licensee until the Board reinstates the provisional registration.

     3.  If the Board reinstates the provisional registration of the applicant, the period during which the provisional registration was suspended pursuant to this section must not be included in the 90 days during which the Board may deny the provisional registration pursuant to NAC 648.339.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09, eff. 10-15-2010)

      NAC 648.3447  Reapplication following denial, suspension or revocation of registration. (NRS 648.030, 648.140, 648.1493)

     1.  Except as otherwise provided in subsection 2, an applicant whose registration has been denied, suspended or revoked by the Board may not reapply for registration earlier than 1 year after the date of the final decision of the Board to deny, suspend or revoke the registration of the applicant.

     2.  An applicant whose registration has been denied, suspended or revoked by the Board on two or more occasions may not reapply for registration earlier than 5 years after the date of the most recent decision of the Board to deny, suspend or revoke the registration of the applicant.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09, eff. 10-15-2010)

CARRYING, HANDLING AND USING FIREARMS SAFELY

      NAC 648.345  Prerequisites; certification of firearms instructors; renewal. (NRS 648.030, 648.120)

     1.  A licensee or an employee who is registered pursuant to NRS 648.1493 may not carry any firearm while performing the duties for the type of business for which he or she is licensed or employed unless the licensee or employee:

     (a) Is certified by the Board as a firearms instructor pursuant to subsection 2; or

     (b) Has successfully completed and received certification from a course of training approved by the Board in carrying, handling and using firearms safely.

     2.  The Board may certify a person who meets the requirements of subsection 1 of NRS 648.110 as a firearms instructor in carrying, handling and using firearms safely if the applicant:

     (a) Is at least 21 years of age.

     (b) Has not been convicted of a felony or any crime involving the illegal use or possession of a firearm.

     (c) Submits a completed application with proof satisfactory to the Board of the applicant’s qualifications and experience and pays a fee of $100. The application must include:

          (1) A detailed statement of the applicant’s qualifications and experience in carrying, handling and using firearms.

          (2) A detailed statement of the applicant’s qualifications and experience in providing instruction to other persons in carrying, handling and using firearms safely, including, without limitation, the applicant’s experience in providing instruction to peace officers, security officers or military personnel in carrying, handling and using firearms safely.

          (3) Evidence of the applicant’s successful completion of at least 40 hours of training on the instruction of peace officers, security officers or military personnel in carrying, handling and using firearms safely, and evidence of the applicant’s certification as an instructor for peace officers, security officers or military personnel for each type of firearm for which the applicant wishes to provide such instruction.

     (d) Successfully passes a written examination for firearms instructors, which must include, without limitation, questions relating to:

          (1) The applicable federal and state laws and regulations, local government ordinances and court decisions related to carrying, handling and using firearms and the use of deadly force.

          (2) The requirements of this chapter and chapter 648 of NRS and any administrative requirements.

          (3) The civil and criminal liability related to carrying, handling and using firearms and the use of deadly force.

          (4) The process for conducting and the contents of the minimum curriculum for a course of training in carrying, handling and using firearms safely pursuant to NAC 648.346.

     (e) Successfully passes a live fire skills test for firearms instructors by:

          (1) Demonstrating each of the skills required by the minimum curriculum for a course of training in carrying, handling and using firearms safely pursuant to NAC 648.346.

          (2) Qualifying with the course of fire established by the Board pursuant to NAC 648.346 with a minimum score of 275 out of 300 on a full-size B27-type target for each type of firearm for which the applicant wishes to provide such instruction.

          (3) Demonstrating knowledge of the minimum curriculum for a course of training in carrying, handling and using firearms safely pursuant to NAC 648.346 by successfully teaching any section of the course with not more than 15 minutes of notice from an instructor designated by the Board.

Ê At any time during the live fire skills test, an instructor designated by the Board may prohibit an applicant from proceeding because the applicant has demonstrated a skill deficiency or has committed a safety violation.

     3.  To renew the applicant’s certification as a firearms instructor, the applicant must:

     (a) Submit an application for renewal to the Board on or before July 1 next following the date the certificate was issued or last renewed;

     (b) Submit proof satisfactory to the Board of the completion of at least 8 hours of education or training on the subjects described in NAC 648.346 within the previous 12 months; and

     (c) Pay a fee to the Board of $100.

     4.  As evidence of a person’s certification as a firearms instructor or renewal thereof, the Board will issue to the person a certification card which he or she shall carry on his or her person.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-13-85; A 9-18-87; 4-22-93; 10-25-93; R009-10, 8-13-2010; R047-12 & R067-12, 10-23-2013)

      NAC 648.346  Course of training: Required curriculum; written examination; instruction and training on firing range; request for exemption by certain instructors; substitute course. (NRS 648.030)

     1.  Except as otherwise provided in subsection 5, the minimum curriculum for a course of training in carrying, handling and using firearms safely that is taught for the purposes of NRS 648.030 must include instruction designed to teach:

     (a) The legal and civil responsibilities of carrying, handling and using a firearm, including:

          (1) The applicable federal and state laws and regulations and local governmental ordinances related to carrying, handling and using firearms and the use of deadly force.

          (2) The civil and criminal liability related to carrying, handling and using firearms and the use of deadly force.

          (3) The consequences and risks related to carrying, handling and using firearms and the use of deadly force.

          (4) The elements of self-defense, using a weapon in self-defense and the use of force.

          (5) Recent court decisions related to carrying, handling and using firearms and the use of deadly force.

     (b) The terminology related to and the maintenance of different types of firearms and their related systems, including:

          (1) The operational and mechanical systems and parts of a firearm and the related terminology.

          (2) The types of ammunition and their ballistic properties and effective uses.

          (3) The inspection, storage and general care of ammunition.

          (4) The inspection, care, cleaning and maintenance of a firearm.

     (c) Carrying, handling and using a firearm safely, including:

          (1) The safe handling, use and storage of firearms when off duty.

          (2) The safe transportation of a firearm.

          (3) The appropriate methods of safely carrying a firearm while on duty.

          (4) Safety and accessory equipment available to carry, handle and use a firearm safely.

     (d) The fundamentals of safe handling and shooting of firearms, including:

          (1) The fundamentals of operating a handgun.

          (2) The general differences among handguns.

          (3) The proper procedures and devices for loading, unloading and reloading a firearm.

          (4) The fundamentals of shooting, such as the use of sights, sight picture and alignment, control of the trigger, breathing and firing in a single or double action.

          (5) Proper techniques for gripping a handgun and shooting positions.

          (6) Procedures for drawing and reholstering a firearm and techniques for retaining a firearm.

          (7) The various positions for shooting when standing or kneeling.

          (8) The use of barricades or other forms of cover and alternate shooting positions.

     (e) The preparation for shooting at a firing range, including:

          (1) The location of the range.

          (2) The equipment to be used at the range.

          (3) The course of fire.

          (4) Targets to be used.

          (5) Commands at the range.

          (6) Safety and etiquette at the range.

     (f) Exercises to be used at a firing range and the practical use of a firearm at the firing range, including:

          (1) The review of safety procedures and etiquette at the firing range and a safety inspection of all firearms, holsters and accessories.

          (2) Practicing drawing and holstering.

          (3) Dry firing, the manipulation of the trigger and follow through.

          (4) The procedures for loading, unloading and reloading.

          (5) Exercises for firing with live ammunition to practice proper shooting techniques while firing at targets with a firearm of the same type and caliber as the firearm the person will use while on duty.

          (6) Qualifying with a course of fire established by the Board, using a firearm of the same type and caliber as the firearm the person will use while on duty. The course of fire must require firing at least 30 rounds of live ammunition with a passing score of 75 percent, and must include drawing and:

               (I) Shooting 5 rounds of ammunition from a distance of 3 yards in 15 seconds using only the dominant hand;

               (II) Transferring the firearm to the support hand and shooting 5 rounds of ammunition from a distance of 3 yards in 15 seconds using only the support hand;

               (III) Shooting 5 rounds of ammunition while standing, reloading the firearm and shooting 5 rounds of ammunition while kneeling, from a distance of 7 yards in 30 seconds; and

               (IV) Shooting 5 rounds of ammunition while standing, reloading the firearm and shooting 5 rounds of ammunition while kneeling, from a distance of 15 yards in 30 seconds,

Ê on a full-size B27-type target. The scoring areas on the target are the “X” in the center of the target, which receives a score of 10, and the 10, 9, 8 and 7 rings. Any hits outside of such areas do not receive a score.

     2.  Except as otherwise provided in subsection 5, the course must consist of:

     (a) Eight hours of training and instruction on carrying, handling and using a firearm safely, including the completion of a written examination designated by the Board, with a passing score of 75 percent.

     (b) A minimum of 5 hours of instruction and training on a firing range during which each person must qualify using a firearm of the same type and caliber as the firearm the person will use while on duty.

     3.  The course must be completed within a period of 14 days. Each day of the course must consist of a number of contact hours of training. Not more than 9 contact hours of training may occur on any day.

     4.  If a person fails to complete the written examination with a passing score of 75 percent as specified in paragraph (a) of subsection 2 or to qualify using a firearm of the same type and caliber as the firearm the person will use while on duty as specified in subparagraph (6) of paragraph (f) of subsection 1:

     (a) Except as otherwise provided in paragraph (b), the person must repeat the course in full before retaking the written examination and firearm qualification.

     (b) At the discretion of the instructor, for good cause shown, the person may retake the written examination and the firearm qualification without repeating the course in full if the person completes such remedial training as the instructor determines is appropriate, taking into account the person’s performance on the previous written examination and firearm qualification. The instructor may charge an additional fee for the remedial training.

     5.  If a firearms instructor is unable to provide a course which meets the requirements of this section because he or she provides security on a military installation and has no other reasonable means to provide the training and qualification required for such a course, he or she may submit a written request to the Executive Director asking for an exemption from those requirements and permission to offer a course with substitute training and qualification for persons employed on that military installation. When requesting an exemption pursuant to this subsection, the firearms instructor must provide:

     (a) Proof of his or her inability to provide a course which meets the requirements of this section and to make reasonable accommodations to provide the training and qualification required for such a course; and

     (b) A copy of the proposed substitute training and qualification and a signed affirmation, on a form provided by the Board, acknowledging that any person who successfully completes the course is required to sign a form pursuant to subsection 6.

Ê The Executive Director may, in his or her discretion and on a case-by-case basis, grant an exemption pursuant to this subsection after taking into consideration the totality of the circumstances.

     6.  Before a person who successfully completes a course pursuant to subsection 5 may carry a firearm on the military installation on which he or she is employed, the person must sign an affirmation, on a form provided by the Board, acknowledging that:

     (a) He or she is only authorized to carry a firearm of the same type and caliber that he or she is qualified to carry and only on the military installation where he or she is employed; and

     (b) The certification card issued to the person pursuant to NAC 648.350 will be confiscated upon termination of his or her employment on the military installation.

     7.  As used in this section, “contact hour” means 50 minutes of instruction in a period of 60 minutes.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-18-87; A 10-25-93; R009-10, 8-13-2010; R067-12, 10-23-2013)

      NAC 648.348  Course of training: Compliance with established curriculum; failure to comply; request for exemption to conduct course outside this State. (NRS 648.030)

     1.  A person who is certified as a firearms instructor by the Board shall not conduct a course of training in carrying, handling and using firearms safely for the purposes of NRS 648.030 unless the course follows the curriculum established in NAC 648.346.

     2.  A person who fails to comply with subsection 1 is subject to:

     (a) The issuance of a letter by the Executive Director that requires the person to cease and desist conducting the course of training;

     (b) Disciplinary action, which may include, without limitation, probation, suspension or revocation of his or her certification; or

     (c) A fine for the cost of any investigation into the person’s failure to comply with that subsection.

     3.  Except as otherwise provided in this subsection, all courses of training must take place within this State. The Executive Director may, upon receipt of a written request by a firearms instructor, grant an exemption and authorize the instructor to conduct a course of training outside this State. As a condition of the Executive Director granting such an exemption and in order to ensure that any such course complies with the laws of this State, the instructor shall agree to reimburse the Board for any fees and costs relating to the auditing of the course, including, without limitation, investigative fees and traveling and lodging expenses for any investigator involved in auditing the course. Any course of training that occurs outside this State cannot be combined or taught simultaneously with any other course of training.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-18-87; A 10-25-93; R009-10, 8-13-2010; R067-12, 10-23-2013)

      NAC 648.350  Course of training: Certification of successful completion and qualification with firearm; issuance of certification card; maintenance of certification; repetition of course and request for exemption by certain persons; fees; duties of certified person. (NRS 648.030)

     1.  To certify a person’s successful completion of the course of training in carrying, handling and using firearms safely, and his or her successful qualification with a firearm, a firearms instructor shall, within 5 days of the person’s successful completion of the course of training and on a form provided by the Board, submit to the Board the person’s name and registration number, the time, date and location of the course of training, and the certifications and qualifications that the person obtained.

     2.  After receipt of the information submitted pursuant to subsection 1, the Board will:

     (a) Issue to a person who has successfully completed the course of training a plastic certification card which contains the name, photograph and registration number of the person, the expiration date of the person’s certification and the designated qualification months established for that person pursuant to subsection 3; and

     (b) Maintain an electronic record for each person who has been issued a certification card pursuant to paragraph (a) that indicates whether the person’s card is valid and lists each type and caliber of firearm that the person is certified to carry, handle and use.

     3.  A person who has been certified pursuant to this section and who wishes to maintain his or her certification must successfully qualify for certification every 6 months, on any day during his or her designated qualification months. The designated qualification months are determined by the month of the person’s initial qualification and will not change. If, after a person’s initial qualification, the person successfully qualifies for certification or for a different type or caliber of firearm during a month that is not one of his or her designated qualification months, the person must successfully qualify again during his or her next designated qualification month, even if the period between such qualifications is less than 6 months. The qualification cycle will be as follows:

 

Initial course month                                        Designated qualification months

January or July                                                January and July

February or August                                        February and August

March or September                                       March and September

April or October                                             April and October

May or November                                          May and November

June or December                                           June and December

 

     4.  The certification card issued pursuant to subsection 2 is valid for 5 years if the person successfully qualifies every year during each of his or her designated qualification months on a course of fire that is given by a certified firearms instructor and is approved by the Board. If the person fails to qualify during any of his or her designated qualification months, the card becomes invalid and the person shall not use a firearm in the course of employment until he or she successfully qualifies.

     5.  Except as otherwise provided in this subsection, if a person fails to qualify for at least 2 successive designated qualification months or his or her certification card expires, he or she must repeat the course of training. If a person fails to qualify during at least 2 successive designated qualification months or his or her certification card expires because he or she is deployed on full-time active duty in the Armed Forces of the United States, the person may request an exemption from repeating the course of training by submitting a written request along with official documentation of such deployment to the Executive Director. The Executive Director may, in his or her discretion and on a case-by-case basis, grant an exemption pursuant to this subsection after taking into consideration the totality of the circumstances.

     6.  To cover the Board’s administrative costs related to the certification and qualification of a person by a certified firearms instructor, the instructor shall remit to the Board $25 for each certification card issued by the Board pursuant to this section and $5 for each qualification of a person pursuant to subsection 3. If a person’s certification card is lost or stolen, the person must remit to the Board $25 to obtain a replacement card.

     7.  The person to whom the certification card is issued shall:

     (a) Have it in his or her possession while carrying a firearm in the performance of his or her duties;

     (b) Produce it upon the request of any peace officer or a representative of the Board; and

     (c) Not carry or possess a firearm in the performance of his or her duties unless the certification card is valid.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-13-85; A 9-18-87; 10-25-93; R009-10, 8-13-2010; R067-12, 10-23-2013)

      NAC 648.355  Duties of certified firearms instructors. (NRS 648.030)

     1.  Each certified firearms instructor shall:

     (a) On forms provided by the Board, keep written records of the training and qualifications of every person who takes the firearms instructor’s course;

     (b) Make the records available for inspection by the Board or its authorized agent;

     (c) Maintain copies of the records for 7 years after the date of the course;

     (d) Upon request, provide a copy of the records to the Board;

     (e) Upon request, provide information concerning the location of the firearms instructor’s classroom and firing range, the dates and times of the instruction and the maximum number of persons enrolled per class;

     (f) Maintain all applicable state, county and local business licenses and permits as required by any law, regulation or local government ordinance of this State; and

     (g) Maintain a policy of workers’ compensation insurance as required by law.

     2.  To ensure compliance with applicable statutes and regulations, a firearms instructor shall provide to an employee, agent or representative of the Board, upon request, during normal business hours:

     (a) Access to the firearms instructor’s classroom and the firing range during his or her instruction;

     (b) Access to the materials he or she uses to teach the course;

     (c) A list of the names of all persons enrolled in the course;

     (d) A list of the names of all instructors, safety officers and support personnel assisting with the course; and

     (e) A copy of each person’s written examination, which indicates the results of the examination, and a completed skill sheet for each person enrolled in the class.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-18-87; A 10-25-93; R067-12, 10-23-2013)

POLYGRAPHIC EXAMINERS AND EXAMINATIONS

     NAC 648.360  Approved instruments. (NRS 648.030, 648.185)  Analog or computerized polygraphic instruments produced by the following manufacturers, when adjusted properly, are approved for use in conducting polygraphic examinations:

     1.  Axciton Systems, Inc.;

     2.  Lafayette Instrument Company;

     3.  Limestone Technologies, Inc.; or

     4.  Stoelting Company.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-13-85; A by R166-06, 11-13-2006; R047-12, 10-23-2013)

      NAC 648.365  Standards of accuracy and reliability of instruments; verification of standards. (NRS 648.030, 648.185)

     1.  Each polygraphic instrument must meet the minimum standards of accuracy and reliability established by the manufacturer of the instrument.

     2.  A polygraphic examiner shall verify that a polygraphic instrument meets these standards at least once during each 30 days the instrument is in use and shall maintain a record of that verification.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-13-85; A by R047-12, 10-23-2013)

      NAC 648.370  Interns: Qualifications of supervising examiner. (NRS 648.030)

     1.  An applicant for licensure as an intern in polygraphic examination must submit to the Board the name of the examiner who has agreed to supervise the applicant’s activities during the internship.

     2.  The supervising examiner must be a person:

     (a) Who is licensed or certified by the Board as a polygraphic examiner; and

     (b) Whom the Board determines, after considering the examiner’s other responsibilities and his or her proximity to the intern, to be able to provide adequate supervision of the intern’s polygraphic activities.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83)—(Substituted in revision for NAC 648A.030)

      NAC 648.375  Interns: Phases of supervision; responsibility of supervising examiner. (NRS 648.030)

     1.  An internship in polygraphic examination consists of the following phases of supervision:

     (a) During the first 25 examinations conducted by the intern, the supervising examiner shall directly and personally supervise and review all polygraphic activities of the intern.

     (b) During the remainder of the internship, the supervising examiner shall directly and personally supervise and review the polygraphic activities of the intern at least once a week.

     2.  During the entire period of the internship, the supervising examiner is responsible for all the polygraph activities of the intern.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83; A by R047-12, 10-23-2013)—(Substituted in revision for NAC 648A.040)

      NAC 648.380  Reports of intern’s progress. (NRS 648.030)

     1.  Each supervising examiner shall prepare and submit to the Board quarterly reports of the progress of the intern during the first year of the internship. The quarterly reports must be made on a form provided by the Board. Each quarterly report must be delivered to the Executive Director no later than 2 weeks before the regularly scheduled meeting of the Board for the quarter in which the report is due.

     2.  If the Board requests the supervising examiner to do so, he or she shall submit semiannual reports of the intern’s progress during the remaining 2 years of the internship.

     3.  Upon the Board’s request, the supervising examiner and the intern shall furnish it with charts, logs and other documents showing the polygraphic examinations performed by the intern. The Board will maintain in strict confidentiality the identities of the persons examined. All such documents furnished to the Board will be returned to the supervising examiner.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83; A 4-22-93)

      NAC 648.385  Supervising examiners: List of interns; termination of relationship; termination of status. (NRS 648.030)

     1.  A supervising examiner shall keep on file with the Board a current list containing the names of all the interns under his or her supervision.

     2.  Either an intern or the intern’s supervising examiner may terminate their relationship by notifying the Board of the termination. The supervising examiner shall then prepare a document containing an evaluation of each phase of the polygraphic activities of the intern and furnish the document to the succeeding supervising examiner, if any, and to the Board.

     3.  Any failure of a supervising examiner to comply with the provisions in this chapter governing internships constitutes a ground for the Board to terminate his or her status as a supervising examiner.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83)—(Substituted in revision for NAC 648A.060)

      NAC 648.390  Demonstration of completion of internship. (NRS 648.030, 648.110)  An applicant for a polygraphic examiner’s license who has been conducting polygraphic examinations in this State under an intern’s license issued by the Board must demonstrate that he or she has participated in and completed the program of internship in accordance with NAC 648.370, 648.375 and 648.380.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83)—(Substituted in revision for NAC 648A.070)

      NAC 648.395  Licensing: Required instruction. (NRS 648.030, 648.110)  An applicant for an intern’s license or a polygraphic examiner’s license must:

     1.  Provide the Board evidence that the applicant has successfully completed a basic course of instruction in polygraphic examination which was given by a school certified by the American Polygraph Association; or

     2.  Demonstrate to the Board that the applicant has successfully completed an equivalent course.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83)—(Substituted in revision for NAC 648A.080)

      NAC 648.400  Licensing on basis of reciprocity. (NRS 648.030, 648.115)

     1.  An applicant who seeks to have the Board issue him or her a polygraphic examiner’s license on the basis of reciprocity must designate in the application the primary jurisdiction in which the applicant has been issued such a license.

     2.  The application must be accompanied with evidence that the applicant met the standards and requirements of the primary jurisdiction. Copies of materials contained in the licensing file of the primary jurisdiction may be used to satisfy this requirement.

     3.  In addition, the applicant must:

     (a) Demonstrate that the licensing requirements of the primary jurisdiction at the time the applicant’s license was issued were equivalent to the licensing requirements in force in this State. The applicant may so demonstrate by providing the Board with:

          (1) All applicable statutes and regulations regarding the licensing of polygraphic examiners in the primary jurisdiction; and

          (2) Any other information provided by that jurisdiction concerning its standards for licensing, including its examinations; and

     (b) Unless the Board already has such a letter, obtain from that jurisdiction a letter stating that persons who are licensed in Nevada may obtain licenses by reciprocity in that jurisdiction.

     4.  As used in this section, “primary jurisdiction” means the jurisdiction in which the applicant:

     (a) Obtained such a license by meeting the jurisdiction’s substantive standards for the licensing and not by means of his or her prior licensing in some other jurisdiction; and

     (b) Holds such a license and is in good standing.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83)—(Substituted in revision for NAC 648A.090)

ADMINISTRATIVE PROCEEDINGS

      NAC 648.410  Petitions concerning regulations: Filing. (NRS 648.030)

     1.  Any interested person may petition the Board requesting the adoption, amendment or repeal of any regulation.

     2.  The petition must be:

     (a) In writing, be signed by the petitioner and contain a statement of the relevant data, views and arguments in support of the action sought;

     (b) Accompanied by a draft of the proposed regulation in a form suitable for submission to the Legislative Counsel for review; and

     (c) Filed with the Executive Director.

     3.  An original and five legible copies of the petition must be filed with the Executive Director. An original and six legible copies of the draft of the proposed regulation must be filed.

     [Priv. Investigator’s Lic. Bd., §§ 20, 21 and 22, eff. 7-2-75]—(NAC A 4-22-93)

      NAC 648.420  Petitions concerning regulations: Consideration. (NRS 648.030)  The Board will:

     1.  Consider each petition to adopt, amend or repeal a regulation as follows:

     (a) If the petition is filed with the Executive Director 30 days or more before a regularly scheduled meeting of the Board, the petition will be considered at that meeting.

     (b) If the petition is filed with the Executive Director less than 30 days before a regularly scheduled meeting of the Board, the petition will be considered at the second regularly scheduled meeting after it is filed.

     2.  Within 30 days after considering the petition:

     (a) Adopt the proposed regulation in whole or in part; or

     (b) Deny the petition and state the reasons for denial in writing.

     [Priv. Investigator’s Lic. Bd., § 26, eff. 7-2-75]—(NAC A 4-22-93)

      NAC 648.430  Petitions for declaratory orders or advisory opinions. (NRS 648.030)

     1.  An applicant or licensee may petition the Board for a declaratory order or advisory opinion concerning the interpretation or applicability of any provision of a statute or regulation or of any decision of the Board which directly affects the applicant or licensee in conducting activities required to be licensed by chapter 648 of NRS.

     2.  The petition must be in writing and signed by the petitioner.

     3.  An original and five legible copies of the petition must be filed with the Executive Director.

     4.  The petition must be submitted to the Board at its next regularly scheduled meeting.

     5.  The Board will issue a declaratory order or advisory opinion within 30 days after its meeting.

     [Priv. Investigator’s Lic. Bd., § 26, eff. 7-2-75]—(NAC A 4-22-93)

      NAC 648.431  Notice of violation: Imposition of fine. (NRS 648.030, 648.162)

     1.  If a notice of violation is issued, the Board will impose a fine of not more than the following amounts for violations of the provisions listed:

 

 

First

Second

Third

 

Offense

Offense

and

 

 

 

Subsequent

 

 

 

Offense

 

 

 

 

NRS 648.135......................................................

$50

$100

$200

Subsection 2 of NRS 648.142............................

25

50

75

Subsection 3, 4 or 5 of NRS 648.142................

50

100

200

Subsection 1 of NAC 648.530...........................

50

100

200

 

 

 

 

 

     2.  If a notice of violation is issued, the Board will impose a fine of not more than the following amounts for violations of the provisions listed:

 

Subsection 1 of NRS 648.148........................................................................................... $50

Subsection 2 of NRS 648.148............................................................................................. 75

Subsection 1 of NRS 648.149............................................................................................. 50

NAC 648.380....................................................................................................................... 25

NAC 648.525..................................................................................................................... 100

 

     3.  If a notice of violation is issued, the Board will impose a fine upon a licensee calculated per employee of not more than the following amounts for violations of the provisions listed:

 

 

First

Second

Third

 

Offense

Offense

and

 

 

 

Subsequent

 

 

 

Offense

 

 

 

 

Subsection 2 of NRS 648.060............................

$50

$75

$100

Subsection 2 or 3 of NRS 648.140....................

25

 

 

NAC 648.343.....................................................

25

 

 

Subsection 1 of NAC 648.345...........................

750

 

 

 

 

 

 

 

     4.  If a notice of violation is issued, the Board will impose a fine of not more than:

     (a) For the first violation of a provision of NAC 648.350, $500; and

     (b) For the first violation of subsection 2 of NAC 648.530, $300.

Ê In the case of a second or subsequent violation, the Board will take any disciplinary action authorized pursuant to NRS 648.175 which the Board deems appropriate.

     5.  If a notice of violation is issued, the Board will impose a fine of not more than $150 on a licensee’s employee who violates subsection 4 of NAC 648.345.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-7-94; A by R086-07, 1-30-2008; R047-12, 10-23-2013)

      NAC 648.433  Notice of violation: Service and filing; payment of fine. (NRS 648.030, 648.160, 648.162)

     1.  A copy of the notice of violation must be served personally or by certified or registered mail. The original notice must be filed in the office of the Board.

     2.  A fine imposed in a notice of violation must be paid by cashier’s check or money order.

     3.  The Board may, upon request, arrange a schedule of payments for the payment of such a fine.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-7-94)

      NAC 648.437  Citation: “Reasonable time for abatement of the violation” interpreted. (NRS 648.030, 648.165)  As used in NRS 648.165, the Board will interpret “reasonable time for abatement of the violation” to mean not later than 3 days after the issuance of a citation containing an order of abatement.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-7-94)

      NAC 648.439  Citation: Service and filing; payment of fine. (NRS 648.030, 648.165)

     1.  A copy of a citation issued pursuant to NRS 648.165 must be served personally or by certified or registered mail. The original citation must be filed in the office of the Board.

     2.  A fine assessed pursuant to subsection 4 of NRS 648.165 must be paid by cashier’s check or money order.

     3.  The Board may, upon request, arrange a schedule of payments for the payment of such a fine.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-7-94)

      NAC 648.440  Disciplinary hearings: Procedure. (NRS 648.030, 648.166, 648.170)

     1.  The Chair, member or hearing officer appointed to conduct the hearing shall convene it at the time and place specified in the notice. The presiding officer may continue the hearing without further notice for good cause.

     2.  The decision of the Board will be based exclusively on substantive evidence adduced at the hearing and upon matters officially noticed.

     3.  Each board member may use his or her experience, technical competence and specialized knowledge in the evaluation of evidence.

     4.  The presiding officer shall begin the hearing by reading the complaint and the notice of the hearing into the record. The hearing will be conducted in the following order unless the Board or hearing officer, for good cause shown or to prevent manifest injustice, orders otherwise:

     (a) An opening statement may be made on behalf of the Board.

     (b) An opening statement on behalf of the licensee, which may be made, reserved until the close of the hearing or waived.

     (c) Presentation of the Board’s case, followed by cross-examination.

     (d) Presentation of the licensee’s case, followed by cross-examination.

     (e) Rebuttal, limited to issues previously raised. No new matter may be presented at this time unless the Board so permits for good cause shown.

     (f) Argument on behalf of the Board, which may be waived.

     (g) Argument on behalf of the licensee, which may be waived.

     (h) Submission of the matter for decision.

     [Priv. Investigator’s Lic. Bd., part § 28, eff. 7-2-75]

      NAC 648.450  Disciplinary hearings: Counsel. (NRS 648.030, 648.166, 648.170)  A licensee may be represented at a disciplinary hearing by counsel who is admitted to practice before the Supreme Court of Nevada or by counsel who is admitted to practice before the highest court of another state if the counsel appears in association with counsel admitted to practice before the Supreme Court of Nevada.

     [Priv. Investigator’s Lic. Bd., § 27, eff. 7-2-75]

      NAC 648.460  Disciplinary hearings: Decision. (NRS 648.030, 648.166, 648.170)  As soon as practical after a disciplinary hearing, but not more than 45 days after the hearing, the Board will render a decision consisting of findings of fact, conclusions of law and the order. A copy of the decision must be served upon the licensee and upon the licensee’s attorney of record, if any.

     [Priv. Investigator’s Lic. Bd., part § 28, eff. 7-2-75]—(NAC A 7-18-88)

PROGRAMS OF SELF-INSURANCE

      NAC 648.480  Eligibility. (NRS 648.030, 648.135)  To be eligible to maintain self-insurance, a licensee shall:

     1.  Place on deposit with a recognized financial institution insured by the Federal Deposit Insurance Corporation, not less than $200,000 in cash, a certificate of deposit in the same amount or a similar deposit which is acceptable to the Board. The licensee must furnish to the Board evidence of the deposit. No amount of the deposit may be withdrawn unless the withdrawal is cosigned by an authorized agent of the Board.

     2.  Be financially responsible for all wrongful acts alleged against the licensee and his or her employees.

     3.  Provide the Board with the name of the licensee’s authorized agent in this State who will accept legal process.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 1-27-89)

      NAC 648.485  Statement of scope of coverage. (NRS 648.030, 648.135)  A licensee who is self-insured shall provide the Board with a statement of the scope of coverage provided, including any act for which coverage is not provided.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 1-27-89)

      NAC 648.490  Application for qualification; effective date of program. (NRS 648.030, 648.135)

     1.  A licensee wishing to qualify as a self-insured licensee must submit an application to the Board. The application must be signed by the licensee or, if the licensee is a corporation, by an officer of the corporation.

     2.  An application must include:

     (a) An audited financial report of the licensee’s business covering the 3 years immediately preceding the date of the application; and

     (b) A copy of the licensee’s proposed program of self-insurance.

     3.  A program of self-insurance becomes effective when it is approved by the Board or the Executive Director.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 1-27-89; A 4-22-93)

      NAC 648.495  Insolvency of licensee. (NRS 648.030, 648.135)

     1.  If a self-insured licensee becomes insolvent, the financial institution in which the deposit required by NAC 648.480 is made shall immediately give written notice to the Board regarding the licensee’s insolvency.

     2.  Upon receipt of the notice, the Board may apply to a court of competent jurisdiction to have the deposit held for not more than 2 years to pay any claims made against the licensee.

     3.  If a self-insured licensee becomes insolvent, he or she may, if allowed by the Board, present evidence to the Board that the licensee’s program of self-insurance should be allowed to continue. Such evidence must be presented not later than 10 days after the Board receives notice that the licensee is insolvent.

     4.  For the purposes of this section, a licensee is insolvent if:

     (a) The amount of the licensee’s deposit is reduced below $200,000; or

     (b) The financial institution in which the deposit is made has reasonable cause to believe that the deposit will be so reduced.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 1-27-89)

MISCELLANEOUS PROVISIONS

      NAC 648.510  Branch managers. (NRS 648.030)

     1.  The Board may investigate the background of any person whom the licensee proposes to appoint as manager of a branch office of the licensee’s business, before the person assumes the duties of the position.

     2.  The manager of a branch office is not required to obtain a license solely because of his or her employment as manager.

     [Priv. Investigator’s Lic. Bd., eff. 11-12-69]

      NAC 648.520  Operation of corporation upon death or disability of or cessation of affiliation with corporation by qualified person. (NRS 648.030)

     1.  If the person who is affiliated with a corporation and who possesses the qualifications required for the license issued to the corporation dies, becomes disabled or ceases to be affiliated with the corporation, the corporation may continue to conduct its operations, but not for more than 120 days. If after 120 days the corporation has not affiliated with another qualified person, it shall cease to do business. For the purposes of this subsection, a person licensed as a qualified agent of a corporation ceases to be affiliated with it when he or she is no longer fulfilling his or her obligations under a contract which has been made between him or her and the corporation and approved pursuant to NAC 648.250.

     2.  If the corporation has affiliated with another qualified person, it may continue to do business until the next regularly scheduled meeting of the Board, at which meeting the Board will approve or disapprove the affiliation of the qualified person with the corporation. If the Board does not approve the affiliation of the person, it may permit the corporation more time in which to affiliate with another qualified person who holds a license from the Board. The additional time may not extend beyond the next regularly scheduled meeting of the Board.

     [Priv. Investigator’s Lic. Bd., § 10, eff. 1-15-74; A 8-21-81]—(NAC A by R047-12, 10-23-2013)

      NAC 648.525  Use of license number in advertisements and written communications regarding business. (NRS 648.030)

     1.  In addition to the requirements set forth in NRS 648.148, a licensee must include his or her state-issued license number in every advertisement and in any written communication which refers to the licensee’s business, or his or her ability to conduct business, in this State.

     2.  As used in this section, “advertisement” and “communication” include, without limitation:

     (a) Yellow-page listings or advertisements;

     (b) Brochures;

     (c) Business cards;

     (d) Letterhead or other official stationery;

     (e) Classified ads; or

     (f) Television, radio, vehicle or Internet advertisements.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R182-05, eff. 5-4-2006)

      NAC 648.530  Uniforms, badges and patches. (NRS 648.030)

     1.  If an applicant or licensee intends to use a uniform, badge or patch in connection with licensed activities, the applicant or licensee must submit with the application or before use of the uniform, badge or patch a color photograph which accurately depicts the features of the uniform, badge or patch.

     2.  A licensee must not use a uniform, badge or patch in connection with the licensee’s business which is the same as or deceptively similar to a uniform, badge or patch used by any other licensee or law enforcement agency in this State.

     [Priv. Investigator’s Lic. Bd., § 14, eff. 1-15-74]—(NAC A 1-27-89)

      NAC 648.540  Business names. (NRS 648.030)  A licensee may not use any business name, firm name or fictitious name which is the same as or deceptively similar to the name used by any other licensee or law enforcement agency in this State.

     [Priv. Investigator’s Lic. Bd., § 15, eff. 1-15-74]

      NAC 648.545  Private investigators: Service of subpoena in conjunction with ongoing investigation. (NRS 648.030)  A private investigator who holds a license issued pursuant to this chapter and chapter 648 of NRS may serve a subpoena issued in conjunction with an ongoing investigation that the private investigator is conducting if he or she does not charge a fee to serve the subpoena.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R016-05, eff. 9-18-2006)

PROHIBITED ACTS

     NAC 648.570  Prohibited acts by person neither licensed nor exempted from licensure: Engaging as contractor in activities regulated by chapter 648 of NRS; submitting bid relating to such activities; bid submitted in violation of section void. (NRS 648.030, 648.060)

     1.  A person who is not licensed pursuant to chapter 648 of NRS and is not exempt from the provisions of chapter 648 of NRS relating to licensure shall not act as a contractor for the purpose of engaging in any activity regulated by chapter 648 of NRS or submit a bid relating to any such activity.

     2.  A bid submitted by a person described in subsection 1 is void. The Board will consider the submission of such a bid as a violation of NRS 648.060.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 10-20-95)