NRS: CHAPTER 228 - ATTORNEY GENERAL

[Rev. 6/29/2024 3:20:45 PM--2023]

CHAPTER 228 - ATTORNEY GENERAL

GENERAL PROVISIONS

NRS 228.010 Qualifications.

NRS 228.020 Election; term of office.

NRS 228.030 Commission and oath.

NRS 228.040 Office.

NRS 228.060 Absence from State limited.

NRS 228.070 Salary; restrictions on private practice of law.

NRS 228.080 Deputies: Appointment; duties; oaths; restrictions on private practice of law.

NRS 228.090 Special deputy in emergencies where services of Attorney General’s Office are required in remote counties of State or in final stages of cases with large number of litigants and voluminous evidence was initiated during term of previous officeholder: Appointment; duties.

NRS 228.091 Special deputy to provide legal advice to regulatory body: Appointment; compensation.

NRS 228.092 Administrative Assistant: Appointment; classification.

NRS 228.096 Attorney General’s Special Fund: Creation; claims.

NRS 228.097 Disposition of money collected by Attorney General in excess of authorized expenditures.

NRS 228.098 Attorney General’s Administration Budget Account.

NRS 228.099 Revolving Account for Office of Attorney General: Creation; use; deposit; reimbursement claims.

NRS 228.100 Biennial report; duty to communicate information concerning office upon request of Governor or Legislature.

NRS 228.110 Legal adviser on state matters arising in Executive Department; limitation on employment of private attorney by Executive Department; compensation for private attorney; claims in violation void.

NRS 228.111 Contingent fee contract with retained attorney or law firm: Definitions.

NRS 228.1111 Contingent fee contract with retained attorney or law firm: Prerequisites to entry.

NRS 228.1112 Contingent fee contract with retained attorney or law firm: Advertisement for proposals; applicability of State Purchasing Act.

NRS 228.1113 Contingent fee contract with retained attorney or law firm: Applicable conditions during term and any renewal or extension.

NRS 228.1114 Contingent fee contract with retained attorney or law firm: Addendum setting forth specific rights and obligations of parties required.

NRS 228.1115 Contingent fee contract with retained attorney or law firm: Maintenance of certain records by retained attorney or law firm; submission of billing statements; public records.

NRS 228.1116 Contingent fee contract with retained attorney or law firm: Limitations on amount and basis of fee.

NRS 228.1117 Contingent fee contract with retained attorney or law firm: Posting of certain records on Attorney General’s website.

NRS 228.1118 Contingent fee contract with retained attorney or law firm: Annual report.

NRS 228.112 Pro bono contract with retained attorney or law firm: Definitions.

NRS 228.1121 Pro bono contract with retained attorney or law firm: Prerequisite to entry.

NRS 228.1122 Pro bono contract with retained attorney or law firm: Applicable conditions during term and any renewal or extension.

NRS 228.1123 Pro bono contract with retained attorney or law firm: Addendum setting forth specific rights and obligations of parties required.

NRS 228.1124 Pro bono contract with retained attorney or law firm: Maintenance of certain records by retained attorney or law firm; public records.

NRS 228.1125 Pro bono contract with retained attorney or law firm: Posting of contract on Attorney General’s website.

NRS 228.1126 Pro bono contract with retained attorney or law firm: Prohibition on retained attorney or law firm entering into certain other contracts with Attorney General for certain period.

NRS 228.1127 Pro bono contract with retained attorney or law firm: Annual report.

NRS 228.113 Charges for services.

NRS 228.120 Appearance before grand jury; supervision of district attorneys; prosecution of criminal cases; subpoenas.

NRS 228.125 Prosecutions: Statutory duty or right of district attorney applies to Attorney General.

NRS 228.130 District attorney may request assistance from Attorney General in criminal cases; compensation; appointment of special prosecutor under certain circumstances.

NRS 228.135 Establishment of program to assist law enforcement personnel and prosecuting attorneys in complying with Vienna Convention on Consular Relations; regulations.

NRS 228.137 Establishment of program to assist prosecuting attorneys and law enforcement officers in preventing persons subject to international travel restrictions from obtaining or using United States passport; regulations.

NRS 228.140 Prosecution and defense of causes in Supreme Court; accounting; assistance in impeachments.

NRS 228.150 Written opinions; payment for services.

NRS 228.160 Records of cases: Contents; inspection.

NRS 228.165 Office of Attorney General to provide Legislative Counsel with index of certain court rulings.

NRS 228.170 Commencement or defense of action to protect interest of State; prosecution of prisoners and persons acting in concert with prisoners.

NRS 228.175 Investigation and prosecution of offense by state officer or employee.

NRS 228.177 Investigation and prosecution of offense by county or city officer or employee.

NRS 228.178 Technological crimes: Investigation and prosecution; pursuit of forfeiture; equitable relief.

NRS 228.180 Commencement and defense of actions concerning rights of State and its residents in interstate waters and public lands.

NRS 228.190 Intervention or appearance in judicial or administrative proceeding concerning interstate waters, public lands or construction of dams, power plants or other structures.

NRS 228.200 Printing of findings of fact, conclusions of law, judgment and decree of state district court involving more than 100 litigants, including State Engineer; payment of expenses.

NRS 228.205 Victim Information Notification Everyday System: Creation; Governance Committee; gifts, grants and donations; cooperation of certain state and local agencies; no cause of action by victim of crime established by failure of System.

NRS 228.206 Model policies which provide guidance and training recommendations to law enforcement agencies: Publication by Attorney General; law enforcement agency required to adopt consistent policies or notify and provide inconsistent policies to Attorney General.

NRS 228.208 Model policies related to limiting immigration enforcement at public schools, institutions of higher education, health care facilities and courthouses: Publication by Attorney General; entities required to adopt consistent policies or notify and provide inconsistent policies to Attorney General; certain additional organizations encouraged to adopt.

NRS 228.210 Neglect of duty: Penalty.

UNIT FOR THE INVESTIGATION AND PROSECUTION OF CRIMES AGAINST OLDER PERSONS OR VULNERABLE PERSONS

NRS 228.250 Definitions.

NRS 228.255 “Older person” defined.

NRS 228.260 “Unit” defined.

NRS 228.262 “Vulnerable person” defined.

NRS 228.265 Creation.

NRS 228.270 Powers: Investigation and prosecution of alleged crimes and failure to report alleged crimes; organization or sponsorship of multidisciplinary teams; sharing of information.

NRS 228.275 Powers: Equitable relief; attorney’s fees and costs.

NRS 228.280 Crimes against older or vulnerable persons: Recovery of civil penalties by Attorney General; deposit of civil penalties.

NRS 228.285 Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons: Creation; administration; use; nonreversion.

NRS 228.290 Gifts, grants, appropriations or donations; deposit of money in designated Account.

BUREAU OF CONSUMER PROTECTION

NRS 228.300 Definitions.

NRS 228.302 “Bureau of Consumer Protection” defined.

NRS 228.304 “Consumer’s Advocate” defined.

NRS 228.306 “Cooperative utility” defined.

NRS 228.308 “Public interest” defined.

NRS 228.310 Creation; executive head is Consumer’s Advocate.

NRS 228.320 Consumer’s Advocate: Appointment; term of office; classification; qualifications; restrictions on other employment; removal from office.

NRS 228.330 Employees; equipment; office space; subpoenas; other necessary functions and arrangements.

NRS 228.332 Consumer Protection Administrative Account: Creation; deposits; reversion of certain excess to Consumer Protection Legal Account.

NRS 228.333 Consumer Protection Legal Account: Creation; interest; nonreversion.

NRS 228.334 Consumer Protection Legal Account: Allocation of money; authorized uses of allocations by legal aid organizations; submission of audited statements to Attorney General; authorization to audit, examine or inspect books and records of legal aid organizations regarding use of allocations.

NRS 228.340 Account for the Bureau of Consumer Protection: Deposits; use; claims.

NRS 228.350 Account for the Consumer’s Advocate: Gifts and grants.

NRS 228.355 Revolving account: Use for payment of expenses relating to certain undercover investigations; powers and duties of Consumer’s Advocate.

NRS 228.360 Powers and duties regarding certain public utilities.

NRS 228.370 Duty of certain public utilities to provide documents.

NRS 228.380 Authority to exercise power of Attorney General in areas of consumer protection; exceptions; access to records; expenditure of assessment revenues; limitations on powers directly relating to discretionary or competitive telecommunication services.

NRS 228.390 Representation of public interest and customers’ interests.

MEDICAID FRAUD

NRS 228.410 Jurisdiction of Attorney General in cases involving Medicaid fraud; establishment of Medicaid Fraud Control Unit; duties and powers; recovery of reasonable costs and expenses.

NRS 228.411 Authority of Attorney General to subpoena and use certain documents, records and materials; penalty for noncompliance with subpoena; required contents of subpoena.

INSURANCE FRAUD

NRS 228.412 Jurisdiction of Attorney General in cases involving insurance fraud; establishment of Fraud Control Unit for Insurance; duties and powers.

INDUSTRIAL INSURANCE FRAUD

NRS 228.420 Jurisdiction of Attorney General in cases involving industrial insurance fraud; establishment of Fraud Control Unit for Industrial Insurance; duties and powers.

DOMESTIC VIOLENCE, SEXUAL ASSAULT AND HUMAN TRAFFICKING

General Provisions

NRS 228.423 Definitions.

NRS 228.427 “Committee” defined.

NRS 228.430 “Domestic violence” defined.

Ombudsman for Victims of Domestic Violence, Sexual Assault and Human Trafficking

NRS 228.440 Creation of Office; appointment; term; qualifications; classification; removal.

NRS 228.450 Duties; confidentiality of certain information collected in discharge of duties; use of grants to compensate.

Account for Programs Related to Domestic Violence

NRS 228.460 Creation; deposits; administration; expenditures; claims.

Committee on Domestic Violence

NRS 228.470 Creation; composition; terms of members; duties; officers; meetings; staff; allowances and expenses; regulations.

NRS 228.490 Gifts, grants, donations and contributions.

NRS 228.495 Review of death of victim of certain crimes that constitute domestic violence: Powers and duties; authority and duties of Attorney General; immunity and liability of members; inadmissibility of review; report; inapplicability of Open Meeting Law.

NRS 228.497 Review of death of victim of certain crimes that constitute domestic violence: Access to information and records.

TELECOMMUNICATION SOLICITATION

NRS 228.500 Definitions.

NRS 228.510 “Registry” defined.

NRS 228.520 “Telephone solicitor” defined.

NRS 228.530 “Unsolicited telephone call for the sale of goods or services” defined.

NRS 228.540 National database of telephone numbers of persons requesting not to receive unsolicited telephone calls for sale of goods or services: Attorney General findings; effect on registry.

NRS 228.550 Registry of names and telephone numbers of persons requesting not to receive unsolicited telephone calls for sale of goods or services: Establishment and maintenance; publication of list of telephone numbers; procedures for and methods to request inclusion, maintenance or removal of telephone number; regulations concerning inclusion of additional information.

NRS 228.560 Public service announcement concerning registry.

NRS 228.570 Registry and published list of telephone numbers in registry not a public record; publication, release and use of telephone numbers and other information in registry.

NRS 228.580 Availability of published list of telephone numbers in registry to telephone solicitors; fee.

NRS 228.590 Calls prohibited to telephone numbers in registry; limited use of information in registry.

NRS 228.600 Telephone solicitors: Use of telephone numbers in registry; establishment of internal registry of telephone numbers of persons requesting not to receive unsolicited telephone calls; notice to persons with whom solicitor has preexisting business relationship; exception.

NRS 228.610 Attorney General to institute legal proceedings against violator.

NRS 228.620 Violation constitutes deceptive trade practice.

NRS 228.630 Registry Account: Creation; deposits; interest and income; expenditures; administration; claims; nonreversion; submission of annual itemized statement to Legislature.

NRS 228.640 Regulations.

OFFICE OF MILITARY LEGAL ASSISTANCE

NRS 228.650 Creation.

NRS 228.660 Powers; acceptance of gifts, grants and other money.

OFFICE OF STATEWIDE COORDINATOR FOR CHILDREN WHO ARE ENDANGERED BY DRUG EXPOSURE

NRS 228.700 “Child who is endangered by drug exposure” defined.

NRS 228.710 Creation; appointment, qualifications and classification of Statewide Coordinator.

NRS 228.720 Duties of Statewide Coordinator; acceptance of gifts, grants and other money.

_________

GENERAL PROVISIONS

NRS 228.010 Qualifications. No person shall be eligible to the Office of Attorney General unless the person:

1. Has attained the age of 30 years at the time of such election;

2. Is a qualified elector and has been a citizen resident of this State for 3 years next preceding the election; and

3. Is a member of the State Bar of Nevada in good standing.

[Part 2:108:1866; A 1953, 711; 1955, 459]—(NRS A 2021, 932)

NRS 228.020 Election; term of office.

1. The Attorney General shall be elected by the qualified electors of the State.

2. The Attorney General shall be chosen at the general election of 1866, and every 4th year thereafter, and shall hold office for the term of 4 years from the time of his or her installment and until his or her successor shall be qualified.

[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773] + [Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL § 4774]

NRS 228.030 Commission and oath. The Attorney General shall be commissioned by the Governor, and shall take the oath prescribed by the Constitution.

[Part 1:67:1867; B § 2773; BH § 1778; C § 1999; RL § 4128; NCL § 7307]

NRS 228.040 Office. The Attorney General shall keep his or her office at the seat of government.

[Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL § 4774] + [Part 1:67:1867; B § 2773; BH § 1778; C § 1999; RL § 4128; NCL § 7307]—(NRS A 1977, 1369)

NRS 228.060 Absence from State limited. The Attorney General shall not absent himself or herself from the State exceeding 60 consecutive days without leave of absence from the Legislature.

[Part 1:67:1867; B § 2773; BH § 1778; C § 1999; RL § 4128; NCL § 7307]

NRS 228.070 Salary; restrictions on private practice of law.

1. Until the first Monday in January 2007, the Attorney General is entitled to receive an annual salary of $110,000. From the first Monday in January 2007, until the first Monday in January 2011, the Attorney General is entitled to receive an annual salary of $133,000.

2. On the first Monday in January 2011 and on the first Monday of every fourth year thereafter, the salary of the Attorney General must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of the Attorney General.

3. Except as otherwise provided in NRS 7.065, the Attorney General shall not engage in the private practice of law.

[6:295:1953; A 1955, 527] + [5:320:1955] + [11:320:1955] + [13:320:1955]—(NRS A 1957, 541; 1961, 306; 1965, 971; 1969, 791; 1971, 2208; 1977, 1016; 1981, 1371; 1985, 1610; 1989, 202, 1898; 1997, 1227; 2005, 1184)

NRS 228.080 Deputies: Appointment; duties; oaths; restrictions on private practice of law.

1. The Attorney General may appoint as many deputies as he or she may deem necessary to perform fully the duties of his or her office. All deputies so appointed may perform all duties now required of the Attorney General.

2. Before entering upon the discharge of his or her duties, each deputy so appointed shall take and subscribe to the constitutional oath of office, which must be filed in the Office of the Secretary of State.

3. Except as otherwise provided in NRS 7.065, deputy attorneys general shall not engage in the private practice of law.

[1:15:1908; RL § 4135; NCL § 7314] + [2:15:1908; RL § 4136; NCL § 7315]—(NRS A 1967, 1488; 1971, 1424; 1973, 677; 1981, 1272; 1985, 255; 1989, 203; 1993, 2528)

1. In cases of emergency where the services of the Attorney General’s Office are required in remote counties of the State, the Attorney General may, when it appears for the best interests of the State to do so, appoint a resident attorney at law of such county as special deputy.

2. In any case where:

(a) The Attorney General represents the State of Nevada or any officer, board, commission, appointee or department of the State;

(b) There are 100 or more litigants involved in the case or litigation;

(c) The trial or hearings in such litigation have been completed and the case or litigation has been decided by the court but the written findings of fact, conclusions of law, and judgment and decree have not been prepared or settled, determined, entered, signed and filed by the court before the beginning of the term of office of the Attorney General who is in office at the time such written findings and conclusions and the judgment and decree are to be prepared or settled, determined, entered, signed and filed by the court; and

(d) The evidence in the case is voluminous,

Ê the incumbent Attorney General is authorized and directed, in the interest of promptness and efficiency in the final determination of such litigation, to appoint a special deputy attorney general.

3. The special deputy attorney general appointed in the manner provided in subsection 2 shall:

(a) Prepare and supervise the preparation of such findings of fact, conclusions of law and judgment and decree to be prepared for and on behalf of the State of Nevada or such officer, board, commission, appointee or department thereof;

(b) Present the same to the court or to the former district judge thereof authorized and empowered to hear and determine the same, within the time now or hereafter provided by law therefor; and

(c) Represent the State and such officer, board, commission, appointee or department thereof in any and all hearings incident to any and all such findings of fact, conclusions of law, and judgment and decree, and in any and all objections and exceptions thereto presented to the court or to the former district judge thereof authorized and empowered to hear and determine the same in any such case for settlement, determination, signing and filing in such case and in any and all motions for new trials and also in any and all matters incident thereto, all within the time now or hereafter provided by law therefor.

[Part 2:235:1931; 1931 NCL § 7313.02]

NRS 228.091 Special deputy to provide legal advice to regulatory body: Appointment; compensation.

1. If the Attorney General:

(a) Has been designated as the legal adviser for a regulatory body; and

(b) Determines at any time that it is impracticable or uneconomical or could constitute a conflict of interest for the Attorney General or a deputy attorney general to provide legal advice to the regulatory body,

Ê the Attorney General may appoint a special deputy to provide legal advice to the regulatory body.

2. Compensation for a special deputy appointed pursuant to subsection 1 must be:

(a) Fixed by the Attorney General, subject to the approval of the State Board of Examiners; and

(b) Paid by the regulatory body for which the special deputy is appointed to provide legal advice.

3. The provisions of this section do not alter, limit or otherwise affect the authority of the Attorney General to:

(a) Appoint a special deputy or special deputy attorney general for the purposes specified in NRS 228.090; or

(b) Employ special counsel for the purposes specified in NRS 41.03435.

4. As used in this section, “regulatory body” has the meaning ascribed to it in NRS 622.060.

(Added to NRS by 2011, 372)

NRS 228.092 Administrative Assistant: Appointment; classification. The Attorney General may appoint and employ an Administrative Assistant in the unclassified service of this State.

(Added to NRS by 1997, 1741)

NRS 228.096 Attorney General’s Special Fund: Creation; claims.

1. The Attorney General’s Special Fund is hereby created as a special revenue fund.

2. All claims against the Fund must be paid as other claims against the State are paid.

(Added to NRS by 1979, 99; A 1997, 1967)

NRS 228.097 Disposition of money collected by Attorney General in excess of authorized expenditures. The Attorney General shall deposit in the State General Fund all money collected by him or her which is in excess of the amount authorized for expenditure by the Legislature.

(Added to NRS by 1979, 351; A 1997, 1967)

NRS 228.098 Attorney General’s Administration Budget Account. Money for the support of the operations of the Office of Attorney General from whatever source it is derived must be accounted for in the Attorney General’s Administration Budget Account.

(Added to NRS by 1979, 273; A 1997, 1968)

NRS 228.099 Revolving Account for Office of Attorney General: Creation; use; deposit; reimbursement claims.

1. There is hereby created a Revolving Account for the Office of Attorney General in the sum of $5,000, which must be used for payment of expenses related to litigation which are unexpected and require prompt payment and for no other purposes.

2. The Attorney General shall deposit the money in the Revolving Account in a bank or credit union qualified to receive deposits of public money as provided by law and the deposit must be secured by a depository bond satisfactory to the State Board of Examiners.

3. The Attorney General or his or her designee may sign all checks drawn upon the Revolving Account.

4. Payments made for litigation expenses from the Revolving Account must be promptly reimbursed from the legislative appropriation or authorization, if any, to the account of the Attorney General relating to the matter for which the litigation expenses were incurred. The claim for reimbursement must be processed and paid as other claims against the State are paid.

(Added to NRS by 1991, 2085; A 1999, 1463; 2005, 667)

NRS 228.100 Biennial report; duty to communicate information concerning office upon request of Governor or Legislature.

1. Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the Attorney General shall report to the Governor the condition of the affairs of his or her department, and in such report the Attorney General shall make such suggestions as shall appear to him or her calculated to improve the laws of the State.

2. The Attorney General shall communicate to the Governor or either branch of the Legislature, when requested, any information concerning his or her office.

[5:67:1867; B § 2777; BH § 1782; C § 2003; RL § 4132; NCL § 7311]—(NRS A 1969, 1455)

1. Except as otherwise provided in NRS 228.111 to 228.1118, inclusive, and 228.112 to 228.1127, inclusive, or by specific statute:

(a) The Attorney General and the duly appointed deputies of the Attorney General shall be the legal advisers on all state matters arising in the Executive Department of the State Government.

(b) No officer, commissioner or appointee of the Executive Department of the Government of the State of Nevada shall employ any attorney at law or counselor at law to represent the State of Nevada within the State, or to be compensated by state funds, directly or indirectly, as an attorney acting within the State for the State of Nevada or any agency in the Executive Department thereof unless:

(1) The Attorney General and the deputies of the Attorney General are disqualified to act in such matter; or

(2) The Attorney General determines that it is impracticable, uneconomical or could constitute a conflict of interest for the Attorney General or a deputy of the Attorney General to serve as the legal adviser in such matter.

2. Compensation for any attorney or counselor at law employed as special counsel by the Attorney General must be paid in accordance with the requirements prescribed by NRS 41.03435.

3. All claims for legal services rendered in violation of this section shall be void.

[1:235:1931; 1931 NCL § 7313.01] + [Part 2:235:1931; 1931 NCL § 7313.02] + [3:235:1931; 1931 NCL § 7313.03]—(NRS A 1963, 1191; 2015, 336; 2021, 652; 2023, 1304)

NRS 228.111 Contingent fee contract with retained attorney or law firm: Definitions. As used in NRS 228.111 to 228.1118, inclusive, unless the context otherwise requires:

1. “Contingent fee contract” or “contract” means a contract for legal services entered into by or at the request of the Attorney General, pursuant to which:

(a) Legal services are provided by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government; and

(b) The fee of the attorney or law firm is payable, in whole or in part, from any money recovered in the matter that is the subject of the contract.

2. “Matter” means an action or other proceeding involving one or more claims asserted by one or more plaintiffs and presenting common questions of law or fact.

3. “Retained attorney or law firm” means an attorney or law firm that is a party to a contingent fee contract.

(Added to NRS by 2015, 333, 334)

NRS 228.1111 Contingent fee contract with retained attorney or law firm: Prerequisites to entry.

1. Subject to the limitations of NRS 622.213, the Attorney General or any other officer, agency or employee in the Executive Department of the State Government shall not enter into a contingent fee contract unless:

(a) The Governor, in consultation with the Attorney General, has determined in writing:

(1) That the Attorney General lacks the resources, skill or expertise to provide representation in the matter that is the subject of the proposed contract; and

(2) That representation pursuant to a contingent fee contract is cost-effective and in the public interest; and

(b) The proposed contract complies with the requirements of NRS 228.111 to 228.1118, inclusive.

2. Before entering into a contingent fee contract, the Attorney General or other officer, agency or employee, as applicable, must obtain approval from the Interim Finance Committee to commit money for that purpose.

(Added to NRS by 2015, 334; A 2017, 3514)

NRS 228.1112 Contingent fee contract with retained attorney or law firm: Advertisement for proposals; applicability of State Purchasing Act.

1. If the determination and approval required by NRS 228.1111 are made and given, the Attorney General shall request the Administrator of the Purchasing Division of the Department of Administration to advertise for proposals to provide legal services pursuant to the proposed contingent fee contract.

2. Except as otherwise provided in this subsection, the provisions of chapter 333 of NRS apply to a request for proposals, the evaluation of proposals and the award of any contingent fee contract. The provisions of subsections 7 and 9 of NRS 333.700 are not applicable to a proposed contingent fee contract.

(Added to NRS by 2015, 334)

NRS 228.1113 Contingent fee contract with retained attorney or law firm: Applicable conditions during term and any renewal or extension. The following conditions apply to a contingent fee contract during the term of the contract and any renewal or extension of the contract:

1. The Attorney General must retain final authority over the course and conduct of the matter that is the subject of the contingent fee contract, including, without limitation:

(a) The authority to override any decision made by the retained attorney or law firm; and

(b) The sole authority to agree to any settlement or voluntary dismissal of the matter.

2. Subject to the authority of the Attorney General, a deputy of the Attorney General must have supervisory authority over the conduct of the matter that is the subject of the contingent fee contract. The deputy shall attend any settlement conference or mediation conducted in the matter.

3. The contingent fee contract must not limit the right of any attorney for an opposing party in the matter that is the subject of the contract to communicate directly with the Attorney General or the deputy of the Attorney General described in subsection 2.

4. The contingent fee contract must set forth the basis on which the fee of the retained attorney or law firm is to be determined, consistent with the limitations of NRS 228.1116.

(Added to NRS by 2015, 334)

NRS 228.1114 Contingent fee contract with retained attorney or law firm: Addendum setting forth specific rights and obligations of parties required. The Attorney General shall prescribe a form of addendum to a contingent fee contract that must be used for every such contract. The addendum must set forth the specific rights and obligations of the parties relating to the matter that is the subject of the contract, including, without limitation, the requirements of NRS 228.1113 and 228.1115.

(Added to NRS by 2015, 335)

NRS 228.1115 Contingent fee contract with retained attorney or law firm: Maintenance of certain records by retained attorney or law firm; submission of billing statements; public records.

1. A retained attorney or law firm shall, from the beginning of the term of the contingent fee contract until a date not less than 4 years after the date on which the contract expires or is terminated, maintain records of all expenses, disbursements, charges, credits, receipts, invoices, billing statements and all other payments made by or to the retained attorney or law firm in connection with the matter that is the subject of the contract.

2. In addition to the records described in subsection 1, the retained attorney or law firm shall prepare and maintain contemporaneous records reflecting the work performed on the matter by the retained attorney or law firm, including, without limitation, any work performed by a paralegal. The records must specifically describe the work performed, identify the person who performed the work and set forth the time spent in connection with the work, in increments of not more than one-tenth of an hour.

3. Not less frequently than quarterly during the term of a contingent fee contract and any extension or renewal of the contract, the retained attorney or law firm shall prepare and submit a billing statement to the Attorney General and any other officer, agency or employee represented by the retained attorney or law firm. For the period covered by the statement, the billing statement must specifically describe the work performed on the matter by the retained attorney or law firm and set forth the time spent in performing the work.

4. The billing statements and other records described in this section are public records and must be open for inspection pursuant to NRS 239.010.

(Added to NRS by 2015, 335)

NRS 228.1116 Contingent fee contract with retained attorney or law firm: Limitations on amount and basis of fee.

1. The total fee payable to all retained attorneys or law firms in any matter that is the subject of a contingent fee contract must not exceed 25 percent of the amount recovered, exclusive of any costs and expenses provided for by the contract and actually incurred by the retained attorneys or law firms, regardless of the number of actions or proceedings or the number of retained attorneys or law firms involved in the matter.

2. A contingent fee:

(a) Is payable only from money that is actually received pursuant to a judgment or settlement agreement.

(b) Must not be based on any amount attributable to a fine or civil penalty, but may be based on an amount attributable to punitive damages.

3. As used in this section, “amount recovered” does not include any money paid as costs.

(Added to NRS by 2015, 335; A 2017, 3514)

NRS 228.1117 Contingent fee contract with retained attorney or law firm: Posting of certain records on Attorney General’s website.

1. Not later than 5 business days after a contingent fee contract is signed by all the parties to the contract, the Attorney General shall cause fully executed copies of the contract and the written determination of the Governor made pursuant to NRS 228.1111 to be posted on the Internet website of the Attorney General. Those documents must be posted on the website at all times during the term of the contract and any extension or renewal of the contract.

2. Not later than 15 business days after any payment of fees is made to a retained attorney or law firm pursuant to a contingent fee contract, the Attorney General shall cause a record of the payment to be posted on the Internet website of the Attorney General. The record must remain posted on the website for a period of not less than 1 year after the date of the payment.

(Added to NRS by 2015, 335, 336)

NRS 228.1118 Contingent fee contract with retained attorney or law firm: Annual report.

1. On or before February 1 of each year, the Attorney General shall prepare and submit a report to the Director of the Legislative Counsel Bureau, for transmittal to the Majority Leader of the Senate and the Speaker of the Assembly, describing the use of contingent fee contracts by the Attorney General during the preceding calendar year.

2. The report required by subsection 1 must:

(a) Identify each contingent fee contract in effect during the period covered by the report and, for each such contract, set forth:

(1) The name and address of the retained attorney or law firm;

(2) The nature and present status of the matter that is the subject of the contract;

(3) The name of each party to the matter;

(4) The amount of any recovery obtained in the matter;

(5) The amount of any costs and expenses paid in the prosecution of the matter for which no recovery was obtained; and

(6) The amount of any fee paid pursuant to the contract; and

(b) Include copies of any written determinations made by the Governor pursuant to NRS 228.1111 during the period covered by the report.

(Added to NRS by 2015, 336)

NRS 228.112 Pro bono contract with retained attorney or law firm: Definitions. As used in NRS 228.112 to 228.1127, inclusive, unless the context otherwise requires:

1. “Matter” means an action or other proceeding involving one or more claims asserted by one or more plaintiffs and presenting common questions of law or fact.

2. “Pro bono contract” or “contract” means a contract for legal services entered into by or at the request of the Attorney General, pursuant to which legal services are provided on a pro bono basis by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government.

3. “Retained attorney or law firm” means an attorney or law firm that is a party to a pro bono contract.

(Added to NRS by 2021, 651)

NRS 228.1121 Pro bono contract with retained attorney or law firm: Prerequisite to entry. The Attorney General or any other officer, agency or employee in the Executive Department of the State Government may enter into a pro bono contract regarding any matter if the Attorney General determines that the provision of pro bono legal services by an attorney or law firm engaged in the private practice of law is necessary.

(Added to NRS by 2021, 651)

NRS 228.1122 Pro bono contract with retained attorney or law firm: Applicable conditions during term and any renewal or extension. The following conditions apply to a pro bono contract during the term of the contract and any renewal or extension of the contract:

1. The Attorney General must retain final authority over the course and conduct of the matter that is the subject of the pro bono contract, including, without limitation:

(a) The authority to override any decision made by the retained attorney or law firm; and

(b) The sole authority to agree to any settlement or voluntary dismissal of the matter.

2. Subject to the authority of the Attorney General, a deputy of the Attorney General must have supervisory authority over the conduct of the matter that is the subject of the pro bono contract. The deputy shall attend any settlement conference or mediation conducted in the matter.

3. The pro bono contract must not limit the right of any attorney for an opposing party in the matter that is the subject of the contract to communicate directly with the Attorney General or the deputy of the Attorney General described in subsection 2.

(Added to NRS by 2021, 651)

NRS 228.1123 Pro bono contract with retained attorney or law firm: Addendum setting forth specific rights and obligations of parties required. The Attorney General shall prescribe a form of addendum to a pro bono contract that must be used for every such contract. The addendum must set forth the specific rights and obligations of the parties relating to the matter that is the subject of the contract, including, without limitation, the requirements of NRS 228.1122, 228.1124 and 228.1126.

(Added to NRS by 2021, 651)

NRS 228.1124 Pro bono contract with retained attorney or law firm: Maintenance of certain records by retained attorney or law firm; public records.

1. A retained attorney or law firm shall, from the beginning of the term of the pro bono contract until a date not less than 4 years after the date on which the contract expires or is terminated, prepare and maintain contemporaneous records reflecting the work performed on the matter by the retained attorney or law firm, including, without limitation, any work performed by a paralegal. The records must specifically describe the work performed, identify the person who performed the work and set forth the time spent in connection with the work, in increments of not more than one-tenth of an hour.

2. Except as otherwise provided in subsection 3, the records described in subsection 1 are public records and must be open for inspection pursuant to NRS 239.010.

3. The provisions of subsection 2 must not be construed to authorize or require the disclosure of any materials that are otherwise protected as legally privileged.

(Added to NRS by 2021, 651)

NRS 228.1125 Pro bono contract with retained attorney or law firm: Posting of contract on Attorney General’s website. Not later than 5 business days after a pro bono contract is signed by all the parties to the contract, the Attorney General shall cause a fully executed copy of the contract to be posted on the Internet website of the Attorney General. The document must be posted on the Internet website at all times during the term of the contract and any extension or renewal of the contract.

(Added to NRS by 2021, 652)

NRS 228.1126 Pro bono contract with retained attorney or law firm: Prohibition on retained attorney or law firm entering into certain other contracts with Attorney General for certain period. A retained attorney or law firm is prohibited from entering into any contract with the Attorney General for the provision of legal services pursuant to NRS 41.03435, 228.111 to 228.1118, inclusive, or 228.112 to 228.1127, inclusive, for a period of 1 year after the date on which the pro bono contract or any extension or renewal of the pro bono contract expires or is terminated.

(Added to NRS by 2021, 652)

NRS 228.1127 Pro bono contract with retained attorney or law firm: Annual report.

1. On or before February 1 of each year, the Attorney General shall prepare and submit a report to the Director of the Legislative Counsel Bureau, for transmittal to the Majority Leader of the Senate and the Speaker of the Assembly, describing the use of pro bono contracts by the Attorney General during the preceding calendar year.

2. The report required by subsection 1 must identify each pro bono contract in effect during the period covered by the report and, for each such contract, set forth:

(a) The name and address of the retained attorney or law firm;

(b) The nature and present status of the matter that is the subject of the contract;

(d) The amount of any recovery obtained in the matter; and

(e) The amount of any costs and expenses paid in the prosecution of the matter for which no recovery was obtained.

(Added to NRS by 2021, 652)

NRS 228.113 Charges for services.

1. The Attorney General may charge all state agencies which are not supported entirely from the State General Fund for all services his or her office provides to those agencies, to the extent that the cost of such services is not included in the budget of the Office of the Attorney General.

2. A state agency which is included in the cost allocation plan prepared pursuant to NRS 353.331 must be charged an amount determined in accordance with the cost allocation plan.

3. A state agency which is not included in the cost allocation plan must be charged for services on an hourly basis in an amount sufficient to pay the salary and other expenses of the deputy attorney general who provides the services.

(Added to NRS by 1979, 351; A 1995, 1536; 2017, 131)

NRS 228.120 Appearance before grand jury; supervision of district attorneys; prosecution of criminal cases; subpoenas. The Attorney General may:

1. Appear before any grand jury, when in his or her opinion it is necessary, and present evidence of the commission of a crime or violation of any law of this State; examine witnesses before the grand jury, and draw indictments or presentments for the grand jury, and thereafter conduct the proceedings.

2. Exercise supervisory powers over all district attorneys of the State in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to their charge.

3. Appear in, take exclusive charge of and conduct any prosecution in any court of this State for a violation of any law of this State, when in his or her opinion it is necessary, or when requested to do so by the Governor.

4. In any proceeding conducted by a grand jury or in any criminal prosecution in any court, issue subpoenas for witnesses together with any books, memoranda, papers and other documents.

5. When acting pursuant to any provision of law allowing or requiring him or her to act in a criminal matter, institute criminal proceedings:

(a) By filing a complaint in a justice or municipal court, where a misdemeanor is charged; or

(b) By filing a complaint and commencing a preliminary examination where a gross misdemeanor or felony is charged and thereafter filing an information in the district court,

Ê and may conduct those proceedings.

[1:5:1908; RL § 4137; NCL § 7316]—(NRS A 1979, 1093; 1981, 462, 546; 1989, 162)

NRS 228.125 Prosecutions: Statutory duty or right of district attorney applies to Attorney General. When the Attorney General is acting in a criminal matter and a statutory duty or right is provided for the district attorney related to the prosecution of that offense, the statutory provision applies to the Attorney General as it would apply to the district attorney if the district attorney were conducting the prosecution.

(Added to NRS by 1985, 1424)

NRS 228.130 District attorney may request assistance from Attorney General in criminal cases; compensation; appointment of special prosecutor under certain circumstances.

1. A district attorney may request the Office of the Attorney General to provide assistance in presenting a criminal case before a committing magistrate, grand jury or district court. Before the Office of the Attorney General may provide such assistance, the Office of the Attorney General must inform the district attorney whether the Office of the Attorney General will request reimbursement for any expenses authorized pursuant to this section and incurred in providing the assistance. If the Office of the Attorney General will request reimbursement for any such expenses, the district attorney must, before the Office of the Attorney General provides such assistance, present his or her reasons for making the request to the board of county commissioners of his or her county and have the board adopt a resolution joining in the request for the Office of the Attorney General to provide assistance to the district attorney in the criminal case.

2. If a board of county commissioners adopts a resolution joining in a request pursuant to subsection 1, the board of county commissioners shall, upon the presentation to the board of a duly verified claim setting forth the expenses incurred, pay from the general funds of the county the actual and necessary traveling expenses of the Attorney General or his or her deputy attorney general or his or her special investigator, as applicable, to the place where such proceedings are held and return therefrom, and also pay the amount of money actually expended by such person for board and lodging from the date such person leaves until the date he or she returns to the Office of the Attorney General.

3. This section must not be construed as directing or requiring the Attorney General to appear in any criminal cases concerning which the district attorney has requested assistance, but in acting upon any such request the Attorney General may exercise his or her discretion, and his or her judgment in such matters is final.

4. In addition to any payment of expenses pursuant to subsection 2, the Attorney General may charge for the costs of providing assistance in the prosecution of a category A or B felony pursuant to this section. Such costs must be agreed upon by the Attorney General and the district attorney for the county for which the Attorney General provides assistance.

5. If the Attorney General:

(a) Is requested, pursuant to subsection 1, to provide assistance to a district attorney in the presentation of a criminal case before a committing magistrate, grand jury or district court; and

(b) Determines at any time before trial that it is impracticable or uneconomical or could constitute a conflict of interest for the Attorney General or a deputy attorney general to provide such assistance,

Ê the Attorney General may, with the concurrence of the board of county commissioners and the district attorney, appoint a special prosecutor to present the criminal case.

6. Except as otherwise provided in subsection 7, compensation for a special prosecutor appointed pursuant to subsection 5 must be fixed by the Attorney General, subject to the approval of the State Board of Examiners.

7. For the prosecution of a category A or B felony, compensation and other terms and conditions must be agreed upon by the Attorney General and the district attorney of the county for which the special prosecutor is appointed to provide assistance.

[1:38:1923; NCL § 7323] + [2:38:1923; NCL § 7324] + [3:38:1923; NCL § 7325]—(NRS A 1969, 129; 2011, 368, 372; 2021, 648)

NRS 228.135 Establishment of program to assist law enforcement personnel and prosecuting attorneys in complying with Vienna Convention on Consular Relations; regulations.

1. The Attorney General may establish a program to assist law enforcement personnel and prosecuting attorneys in complying with the requirements of Article 36 of the Vienna Convention on Consular Relations, April 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261.

2. The Attorney General may adopt such regulations as necessary to carry out the provisions of subsection 1.

(Added to NRS by 2013, 166)

1. The Office of the Extradition Coordinator within the Office of the Attorney General may establish a program that assists prosecuting attorneys and law enforcement officers in this State in coordinating with the United States Department of State to prevent criminal offenders or persons charged with a crime who are subject to court-ordered restrictions on international travel from obtaining or using a United States passport.

2. The Attorney General may adopt regulations to carry out the provisions of this section.

(Added to NRS by 2013, 819)

NRS 228.140 Prosecution and defense of causes in Supreme Court; accounting; assistance in impeachments.

1. Except as otherwise provided in NRS 228.111 to 228.1118, inclusive, and 228.112 to 228.1127, inclusive, the Attorney General shall attend each of the terms of the Supreme Court, and there prosecute or defend, as the case may be, on the part of the State:

(a) All causes to which the State may be a party;

(b) All causes to which any officer of the State, in his or her official capacity, may be a party;

(c) All causes to which any county may be a party, other than those in which the interest of the county may be adverse to the State, or any officer of the State, acting in his or her official capacity, and

Ê after judgment obtained in any such cause, the Attorney General shall direct such proceedings, and sue out such process as may be required to carry the same into execution.

2. The Attorney General shall:

(a) Account for and pay over to the proper officer, without delay, all moneys which may come into his or her hands belonging to the State or any county.

(b) Assist in all impeachments which may be tried before the Senate.

[2:67:1867; B § 2774; BH § 1779; C § 2000; RL § 4129; NCL § 7308]—(NRS A 2015, 337; 2021, 653)

NRS 228.150 Written opinions; payment for services.

1. When requested, the Attorney General shall give his or her opinion, in writing, upon any question of law, to the Governor, the Secretary of State, the State Controller, the State Treasurer, the Director of the Department of Corrections, to the head of any state department, agency, board or commission, to any district attorney and to any city attorney of any incorporated city within the State of Nevada, upon any question of law relating to their respective offices, departments, agencies, boards or commissions.

2. Nothing contained in subsection 1 requires the Attorney General to give his or her written opinion to any city attorney concerning questions relating to the interpretation or construction of city ordinances.

3. Money may be paid to the Office of the Attorney General pursuant to law, or pursuant to an agreement with an agency of the State, for the performance of any duty or service provided by his or her office.

[3:67:1867; B § 2775; BH § 1780; C § 2001; RL § 4130; NCL § 7309]—(NRS A 1957, 655; 1959, 692; 1971, 1169; 1977, 870; 1979, 273; 2001 Special Session, 232; 2011, 373)

NRS 228.160 Records of cases: Contents; inspection.

1. The Attorney General shall keep a record of each:

(a) Civil case to which the State or any officer of the State in his or her official capacity is a party; and

(b) Criminal case for which he or she is the principal prosecuting attorney.

2. The record must contain a copy of all pleadings and process, interlocutory and final orders, judgments and decrees, process issued thereon and satisfaction thereof, and memorandum of sentence.

3. Such records must be open to the public for inspection during business hours.

[4:67:1867; B § 2776; BH § 1781; C § 2002; RL § 4131; NCL § 7310]—(NRS A 1971, 849; 1985, 56)

NRS 228.165 Office of Attorney General to provide Legislative Counsel with index of certain court rulings. On or before September 1 of each even-numbered year, the Office of the Attorney General shall provide to the Legislative Counsel an index of all court rulings it has received pursuant to NRS 2.165, 3.241 and 4.235 during the immediately preceding 2-year period.

(Added to NRS by 2013, 819)

NRS 228.170 Commencement or defense of action to protect interest of State; prosecution of prisoners and persons acting in concert with prisoners.

1. Except as otherwise provided in NRS 228.111 to 228.1118, inclusive, and 228.112 to 228.1127, inclusive, whenever the Governor directs or when, in the opinion of the Attorney General, to protect and secure the interest of the State it is necessary that a suit be commenced or defended in any federal or state court, the Attorney General shall commence the action or make the defense.

2. The Attorney General may investigate and prosecute any crime committed by a person:

(a) Confined in or committed to an institution or facility of the Department of Corrections.

(b) Acting in concert with, whether as a principal or accessory, any person confined in or committed to an institution or facility of the Department of Corrections.

(1) An institution or facility of the Department of Corrections; or

(2) A person confined in or committed to such an institution or facility.

[6:67:1867; B § 2778; BH § 1783; C § 2004; RL § 4133; NCL § 7312]—(NRS A 1975, 654; 1983, 728; 1985, 56; 1989, 162; 2001 Special Session, 233; 2015, 337; 2021, 653)

NRS 228.175 Investigation and prosecution of offense by state officer or employee.

1. As used in this section “state officer or employee” means an elected officer of the State or any state officer or employee who is compensated from the State Treasury.

2. The Attorney General has primary jurisdiction to investigate and prosecute criminal offenses committed by state officers or employees in the course of their duties or arising out of circumstances related to their positions.

3. A district attorney may investigate an offense specified in subsection 2 if:

(a) The Attorney General has stated in writing to the district attorney that the Attorney General does not intend to act in the matter; or

(b) The district attorney has inquired in writing of the Attorney General whether the Attorney General will act in the matter, and:

(1) The district attorney has not received an answer in writing to his or her inquiry within 30 days after making it; or

(2) The Attorney General has stated in writing to the district attorney that he or she will act in the matter and has not filed a criminal action in the matter within 90 days after making the statement.

4. When he or she is acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action without leave of court, and he or she has exclusive charge of the conduct of the prosecution.

5. The fact that the Attorney General or a district attorney has not complied with any provision of this section is not a defense in a criminal action.

(Added to NRS by 1981, 1250)

NRS 228.177 Investigation and prosecution of offense by county or city officer or employee.

1. As used in this section:

(a) “City officer or employee” means an elected officer of a city or any city officer or employee who is compensated from a city treasury.

(b) “County officer or employee” means an elected officer of a county or any county officer or employee who is compensated from a county treasury.

2. The Attorney General may investigate and prosecute any criminal offense committed by a county officer or employee or a city officer or employee in the course of his or her duties or arising out of circumstances related to his or her position, if:

(a) The district attorney of the county or the city attorney, as applicable, has stated in writing to the Attorney General that he or she does not intend to act in the matter; or

(b) The Attorney General has inquired in writing of the district attorney or the city attorney, as applicable, whether he or she intends to act in the matter and:

(1) The Attorney General has not received a written response within 30 days after the district attorney or the city attorney, as applicable, received the inquiry; or

(2) The district attorney or the city attorney, as applicable, responds in writing that he or she intends to act in the matter, but an indictment is not found or an information or complaint is not filed, as applicable, within 90 days after the response.

3. When he or she is acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action with leave of court, and the Attorney General has exclusive charge of the conduct of the prosecution.

4. An indictment, information or complaint may not be dismissed on the ground that the district attorney or the city attorney, as applicable, or the Attorney General has not complied with this section.

(Added to NRS by 1985, 1564; A 2021, 2441)

NRS 228.178 Technological crimes: Investigation and prosecution; pursuit of forfeiture; equitable relief.

1. The Attorney General may:

(a) Investigate and prosecute any alleged technological crime.

(b) Pursue the forfeiture of property relating to a technological crime in accordance with the provisions of NRS 179.1211 to 179.1235, inclusive.

(c) Bring an action to enjoin or obtain any other equitable relief to prevent the occurrence or continuation of a technological crime.

2. As used in this section, “technological crime” has the meaning ascribed to it in NRS 205A.030.

(Added to NRS by 2013, 822)

NRS 228.180 Commencement and defense of actions concerning rights of State and its residents in interstate waters and public lands. The Attorney General, with the consent of the Governor, is authorized to commence and maintain, or defend, in the Supreme Court of the United States, or in any court having jurisdiction of the action, in the name of the State of Nevada, or otherwise, such proceedings at law or in equity as in the judgment of the Attorney General may be necessary or expedient for the purpose of establishing and determining the rights of the State of Nevada, or the residents thereof, in and to:

1. The waters of all interstate streams located partly in the State of Nevada, where such waters, or part thereof, are claimed by any other state or the citizens thereof.

2. The public lands, and to the waters therein and thereunder, located in the State of Nevada.

[1:138:1915; A 1955, 66]

NRS 228.190 Intervention or appearance in judicial or administrative proceeding concerning interstate waters, public lands or construction of dams, power plants or other structures.

1. The Attorney General, in the name of the State, is authorized to intervene or to appear in:

(a) Any action or proceeding at law or in equity which may now or hereafter be pending, when it is necessary for or incident to the purpose of establishing and determining the rights of the State of Nevada, or the residents thereof, in and to:

(1) The waters of all interstate streams located partly in Nevada, where such waters or a part thereof are claimed by any other state or the citizens thereof.

(2) The public lands, and to the waters therein and thereunder, located in the State of Nevada.

(b) Any action or proceeding, judicial or administrative, relative to the construction of any dam, power plant or other structure on any stream located either wholly or partly in Nevada or wholly or partly in any other state, for the purpose of flood control, irrigation, power, or for any other purpose, when it is necessary for or incident to establishing and determining the rights of the State of Nevada or the residents thereof. Any intervention or appearance of the Attorney General of the kind authorized by this paragraph which occurred prior to March 8, 1960, is hereby authorized, ratified, confirmed and approved.

2. The Attorney General shall not obligate the State in any intervention or appearance for any costs or expenses.

[2:138:1915; A 1955, 66]—(NRS A 1960, 125)

NRS 228.200 Printing of findings of fact, conclusions of law, judgment and decree of state district court involving more than 100 litigants, including State Engineer; payment of expenses.

1. The Attorney General is directed and empowered to cause the printing of proposed findings of fact and conclusions of law and judgments and decrees from any district court of the State of Nevada where there are more than 100 parties litigant in the action so decided, and the State Engineer of the State of Nevada is one of the parties litigant.

2. The Attorney General shall cause the proposed findings of fact and conclusions of law and findings of fact, conclusions of law and judgment and decree to be printed, and shall certify the expense thereof to the State Board of Examiners, who shall check the same, and if the Board finds that the printing has been done, it shall approve the same and cause the claims for the printing to be paid as other claims are paid from the Treasury of the State of Nevada.

[1:233:1931; 1931 NCL § 7334.01] + [3:233:1931; 1931 NCL § 7334.03]

1. There is hereby created in the Office of the Attorney General the Victim Information Notification Everyday System, which consists of a toll-free telephone number and an Internet website through which victims of crime and members of the public may register to receive automated information and notification concerning changes in the custody status of an offender.

2. The Committee on Domestic Violence appointed pursuant to NRS 228.470 shall serve as the Governance Committee for the System.

3. The Governance Committee may adopt policies, protocols and regulations for the operation and oversight of the System.

4. The Attorney General may apply for and accept gifts, grants and donations for use in carrying out the provisions of this section.

5. To the extent of available funding, each sheriff and chief of police, the Department of Corrections, the Department of Public Safety and the State Board of Parole Commissioners shall cooperate with the Attorney General to establish and maintain the System.

6. The failure of the System to notify a victim of a crime of a change in the custody status of an offender does not establish a basis for any cause of action by the victim or any other party against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions.

7. As used in this section:

(a) “Custody status” means the transfer of the custody of an offender or the release or escape from custody of an offender.

(b) “Offender” means a person convicted of a crime and sentenced to imprisonment in a county jail or in the state prison.

(Added to NRS by 2013, 167; A 2017, 2444)

1. The Attorney General shall, in consultation with relevant stakeholders and the Keep Nevada Working Task Force created by NRS 225.520, publish model policies which provide guidance and training recommendations to state or local law enforcement agencies. The model policies must prioritize guidance and training recommendations which:

(a) Foster trust between the community and state or local law enforcement agencies; and

(b) Limit, to the fullest extent practicable and consistent with any applicable law, the engagement of state or local law enforcement agencies with federal immigration authorities for the purpose of immigration enforcement.

2. Each state or local law enforcement agency shall:

(a) Adopt policies consistent with the model policies of the Attorney General published pursuant to subsection 1; or

(b) Notify the Attorney General that the state or local law enforcement agency is not adopting policies consistent with the model policies of the Attorney General.

3. The notification described in paragraph (b) of subsection 2 must include, without limitation:

(a) The reason that the state or local law enforcement agency is not adopting policies consistent with the model policies of the Attorney General; and

(b) A copy of the policies of the state or local law enforcement agency.

4. As used in this section, “state or local law enforcement agency” means:

(a) The sheriff’s office of a county;

(b) A metropolitan police department;

(d) Any entity authorized to operate a prison, jail or detention facility, including, without limitation, any facility for the detention of juveniles;

(e) The Division of Parole and Probation of the Department of Public Safety;

(f) Any department of alternative sentencing; and

(g) Any other state or local agency, office, bureau, department, unit or division created by any statute, ordinance or rule which:

(1) Has a duty to enforce the law; and

(2) Employs any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

(Added to NRS by 2021, 3906; A 2023, 2741)

1. The Attorney General shall, in consultation with relevant stakeholders and the Keep Nevada Working Task Force created by NRS 225.520, publish model policies for limiting, to the fullest extent possible and consistent with any applicable law, immigration enforcement at public schools, institutions of higher education, health care facilities and courthouses to ensure that such places remain safe and accessible to residents of this State regardless of the immigration status or citizenship of such persons.

2. Each public school, institution of higher education, health care facility and courthouse in this State shall:

(a) Adopt policies consistent with the model policies of the Attorney General published pursuant to subsection 1; or

(b) Notify the Attorney General that the public school, institution of higher education, health care facility or courthouse, as applicable, is not adopting policies consistent with the model policies of the Attorney General.

3. Any organization that provides services relating to physical or mental health and wellness, education or access to justice is encouraged to adopt policies consistent with the model policies of the Attorney General published pursuant to subsection 1.

4. The notification described in paragraph (b) of subsection 2 must include, without limitation:

(a) The reason that the public school, institution of higher education, health care facility or courthouse, as applicable, is not adopting policies consistent with the model policies of the Attorney General; and

(b) A copy of the policies of the public school, institution of higher education, health care facility or courthouse, as applicable.

5. A policy adopted pursuant to this section must comply with:

(a) Any applicable law;

(b) Any policy, grant, waiver or other requirement necessary to maintain the funding of the public school, institution of higher education, health care facility, courthouse or other organization, as applicable; and

(c) Any agreement related to the operation and functions of the public school, institution of higher education, health care facility, courthouse or other organization, as applicable.

6. As used in this section:

(a) “Health care facility” means a facility licensed pursuant to chapter 449 of NRS and which is operated by this State or a political subdivision thereof.

(b) “Institution of higher education” has the meaning ascribed to it in NRS 179D.045.

(Added to NRS by 2021, 3906; A 2023, 2742)

NRS 228.210 Neglect of duty: Penalty. If the Attorney General neglects or refuses to perform any of the duties required of him or her by law, the Attorney General is guilty of a misdemeanor or is subject to removal from office.

[7:67:1867; B § 2779; BH § 1784; C § 2005; RL § 4134; NCL § 7313]—(NRS A 1977, 150)

UNIT FOR THE INVESTIGATION AND PROSECUTION OF CRIMES AGAINST OLDER PERSONS OR VULNERABLE PERSONS

NRS 228.250 Definitions. As used in NRS 228.250 to 228.290, inclusive, unless the context otherwise requires, the words and terms defined in NRS 228.255, 228.260 and 228.262 have the meanings ascribed to them in those sections.

(Added to NRS by 2007, 745; A 2019, 3492)

NRS 228.255 “Older person” defined. “Older person” means a person who is 60 years of age or older.

(Added to NRS by 2007, 745)

NRS 228.260 “Unit” defined. “Unit” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons created pursuant to NRS 228.265.

(Added to NRS by 2007, 745; A 2019, 3492)

NRS 228.262 “Vulnerable person” defined. “Vulnerable person” has the meaning ascribed to it in NRS 200.5092.

(Added to NRS by 2019, 3492)

NRS 228.265 Creation. There is hereby created in the Office of the Attorney General the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons.

(Added to NRS by 2007, 745; A 2019, 3492)

NRS 228.270 Powers: Investigation and prosecution of alleged crimes and failure to report alleged crimes; organization or sponsorship of multidisciplinary teams; sharing of information.

1. The Unit may investigate and prosecute any alleged abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person in violation of NRS 200.5099 or 200.50995 and any failure to report such a violation pursuant to NRS 200.5093:

(a) At the request of the district attorney of the county in which the violation occurred;

(b) If the district attorney of the county in which the violation occurred fails, neglects or refuses to prosecute the violation; or

2. The Unit may organize or sponsor one or more multidisciplinary teams to review any allegations of abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person or the death of an older person or vulnerable person that is alleged to be from abuse, neglect, isolation or abandonment. A multidisciplinary team may include, without limitation, the following members:

(a) A representative of the Unit;

(b) Any law enforcement agency that is involved with the case under review;

(d) The Aging and Disability Services Division of the Department of Health and Human Services or the county’s office of protective services, if one exists in the county where the case is under review;

(e) A representative of the coroner’s office; and

(f) Any other medical professional or financial professional that the Attorney General deems appropriate for the review.

3. Each organization represented on a multidisciplinary team may share with other members of the team information in its possession concerning the older person or vulnerable person who is the subject of the review or any person who was in contact with the older person or vulnerable person and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential.

4. The organizing or sponsoring of a multidisciplinary team pursuant to subsection 2 does not grant the Unit supervisory authority over, or restrict or impair the statutory authority of, any state or local agency responsible for the investigation or prosecution of allegations of abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person or the death of an older person or vulnerable person that is alleged to be the result of abuse, neglect, isolation or abandonment.

(Added to NRS by 2007, 745; A 2009, 2448; 2015, 828; 2019, 3492)

NRS 228.275 Powers: Equitable relief; attorney’s fees and costs. The Unit may bring an action to enjoin or obtain any other equitable relief to prevent the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person. The court may award reasonable attorney’s fees and costs if the Unit prevails in such an action.

(Added to NRS by 2007, 745; A 2015, 829; 2019, 3493)

NRS 228.280 Crimes against older or vulnerable persons: Recovery of civil penalties by Attorney General; deposit of civil penalties.

1. In addition to any criminal penalty, a person who is convicted of a crime against an older person or vulnerable person for which an additional term of imprisonment may be imposed pursuant to paragraph (h), (i) or (j) of subsection 1 of NRS 193.167 or of the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person pursuant to NRS 200.5099 or 200.50995 is liable for a civil penalty to be recovered by the Attorney General in a civil action brought in the name of the State of Nevada:

(a) For the first offense, in an amount which is not less than $5,000 and not more than $20,000.

(b) For a second or subsequent offense, in an amount which is not less than $10,000 and not more than $30,000.

2. The Attorney General shall deposit any money collected for civil penalties pursuant to subsection 1 in equal amounts to:

(a) A separate account in the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260 to provide compensation to older persons or vulnerable persons who are:

(1) Victims of a crime for which an additional term of imprisonment may be imposed pursuant to paragraph (h), (i) or (j) of subsection 1 of NRS 193.167; or

(2) Abused, neglected, exploited, isolated or abandoned in violation of NRS 200.5099 and 200.50995.

(b) The Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons created pursuant to NRS 228.285.

(Added to NRS by 2007, 745; A 2011, 1869; 2015, 829; 2019, 3493)

NRS 228.285 Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons: Creation; administration; use; nonreversion.

1. The Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons is hereby created in the State General Fund. The Attorney General shall administer the Account.

2. The money in the Account must only be used to carry out the provisions of NRS 228.250 to 228.290, inclusive, and to pay the expenses incurred by the Unit in the discharge of its duties, including, without limitation, expenses relating to the provision of training and salaries and benefits for employees of the Unit.

3. Money in the Account must remain in the Account and must not revert to the State General Fund at the end of any fiscal year.

(Added to NRS by 2007, 745; A 2019, 3494)

NRS 228.290 Gifts, grants, appropriations or donations; deposit of money in designated Account.

1. The Unit may apply for any available grants and accept gifts, grants, appropriations or donations to assist the Unit in carrying out its duties pursuant to the provisions of this chapter.

2. Any money received by the Unit must be deposited in the Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons created pursuant to NRS 228.285.

(Added to NRS by 2007, 746; A 2019, 3494)

BUREAU OF CONSUMER PROTECTION

NRS 228.300 Definitions. As used in NRS 228.300 to 228.390, inclusive, unless the context otherwise requires, the words and terms defined in NRS 228.302 to 228.308, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1981, 1674; A 1995, 1083; 1997, 1968; 2009, 2538, 2696; 2021, 2184)

NRS 228.302 “Bureau of Consumer Protection” defined. “Bureau of Consumer Protection” means the Bureau of Consumer Protection in the Office of the Attorney General.

(Added to NRS by 1997, 1966)

NRS 228.304 “Consumer’s Advocate” defined. “Consumer’s Advocate” means the Consumer’s Advocate of the Bureau of Consumer Protection.

(Added to NRS by 1997, 1967)

NRS 228.306 “Cooperative utility” defined. “Cooperative utility” means a cooperative association or nonprofit corporation or association which supplies utility services for the use of its own members only.

(Added to NRS by 1997, 1967)

NRS 228.308 “Public interest” defined. “Public interest” means the interests or rights of the State of Nevada and of the residents of this State, or a broad class of those residents, which arise from the constitutions, court decisions and statutes of this State and of the United States and from the common law.

(Added to NRS by 1997, 1967)

NRS 228.310 Creation; executive head is Consumer’s Advocate.

1. The Bureau of Consumer Protection is hereby created within the Office of the Attorney General.

2. The executive head of the Bureau of Consumer Protection is the Consumer’s Advocate.

(Added to NRS by 1981, 1674; A 1997, 1968)

NRS 228.320 Consumer’s Advocate: Appointment; term of office; classification; qualifications; restrictions on other employment; removal from office.

1. The Attorney General shall appoint the Consumer’s Advocate for a term of 4 years. The Consumer’s Advocate is in the unclassified service of the State. The person appointed:

(a) Must be knowledgeable in the various areas of the regulation of public utilities;

(b) Must be independent of and have no pecuniary interest in any utility or industry regulated by the Public Utilities Commission of Nevada;

(c) Except as otherwise provided in NRS 284.143, shall devote all of his or her time to the business of his or her office and shall not pursue any other business or vocation or hold any other office of profit; and

(d) Must not be a member of any political convention or a member of any committee of any political party.

2. The Attorney General may remove the Consumer’s Advocate from office for inefficiency, neglect of duty or malfeasance in office.

(Added to NRS by 1981, 1674; A 1987, 704; 1997, 616)

NRS 228.330 Employees; equipment; office space; subpoenas; other necessary functions and arrangements. The Consumer’s Advocate may:

1. Employ such staff as is necessary to carry out his or her duties and the functions of his or her office, in accordance with the personnel practices and procedures established within the Attorney General’s Office. The Consumer’s Advocate has sole discretion to employ and remove any member of his or her staff.

2. Purchase necessary equipment.

3. Lease or make other suitable arrangements for office space, but any lease which extends beyond the term of 1 year must be reviewed and approved by a majority of the members of the State Board of Examiners.

4. Apply for an order or subpoena for the appearance of witnesses or the production of books, papers and documents in any proceeding in which he or she is a party or intervener, in the same manner as any other party or intervener, and make arrangements for and pay the fees or costs of any witnesses and consultants necessary to the proceeding. If any person ordered by the Public Utilities Commission of Nevada to appear before it as a witness pursuant to this subsection fails to obey the order, the Commission shall apply for a subpoena commanding the attendance of the witness.

5. Perform such other functions and make such other arrangements as may be necessary to carry out his or her duties and the functions of his or her office.

(Added to NRS by 1981, 1674; A 1987, 704; 1997, 1968)

NRS 228.332 Consumer Protection Administrative Account: Creation; deposits; reversion of certain excess to Consumer Protection Legal Account.

1. The Consumer Protection Administrative Account is hereby created in the Bureau of Consumer Protection.

2. Except as otherwise provided in this section, all money collected from attorney’s fees and costs, after reimbursement to retained attorneys or law firms in any matter including attorney’s fees and costs in a matter that is the subject of a contingent fee contract pursuant to NRS 228.1116, and from all recoveries, except recoveries of restitution, recoveries made with the use of retained attorneys or law firms in any matter that is the subject of a contingent fee contract pursuant to NRS 228.1116, or otherwise directed by a court order from the administration and enforcement of chapters 598 and 598A of NRS, must be deposited into the Account.

3. On June 30 and December 31 of each year, and at any other time in the discretion of the Consumer’s Advocate, any amount in excess of $500,000 in the Account reverts to the Consumer Protection Legal Account created by NRS 228.333.

(Added to NRS by 2021, 2184)

NRS 228.333 Consumer Protection Legal Account: Creation; interest; nonreversion.

1. The Consumer Protection Legal Account is hereby created in the Office of the Attorney General.

2. All interest earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

3. Money that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

(Added to NRS by 2021, 2183)

1. After any reversion of money from the Consumer Protection Administrative Account to the Consumer Protection Legal Account in accordance with subsection 3 of NRS 228.332, the Attorney General shall allocate the money in the Consumer Protection Legal Account as follows:

(a) Fifty percent to the Office of the Attorney General or the Consumer’s Advocate, to be used for consumer protection and efforts to prevent fraud, including, without limitation, education, investigation, enforcement and litigation. Beginning on July 1, 2023, the Office of the Attorney General or the Consumer’s Advocate, as applicable:

(1) May use money allocated pursuant to this paragraph to pay for necessary staff pursuant to NRS 228.330 to carry out such consumer protection and efforts to prevent fraud; and

(2) If the amount of money in the Account that is allocated pursuant to this paragraph exceeds the amount required to pay for 120 days of operating costs for necessary staff to carry out such consumer protection and efforts to prevent fraud, may use any such excess amount of money for additional purposes relating to consumer protection and efforts to prevent fraud.

(b) Fifty percent to the following legal aid organizations, or their successors, in the following percentages:

(1) Seventy percent to the organization operating the program for legal services in a county whose population is 700,000 or more that receives the fees charged pursuant to NRS 19.031 for programs for the indigent, to be used to provide legal services in a county whose population is 700,000 or more;

(2) Nineteen percent to the organization operating the program for legal services in counties whose population is less than 100,000 that receive the fees charged pursuant to NRS 19.031 for programs for the indigent, to be used to provide legal services in those counties; and

(3) Eleven percent to the organization operating the program for legal services in a county whose population is 100,000 or more but less than 700,000 that receives the fees charged pursuant to NRS 19.031 for programs for the indigent, to be used to provide legal services in a county whose population is 100,000 or more but less than 700,000.

2. Each legal aid organization listed in paragraph (b) of subsection 1 shall:

(a) Use the money received from the Account for consumer protection and efforts to prevent fraud, including, without limitation, education and litigation; and

(b) On or before January 1 and July 1 of each year, submit a report to the Office of the Attorney General that includes a detailed summary of all activities undertaken by the legal aid organization during the previous 6-month period with the money received from the Account, including, without limitation:

(1) Activities relating to consumer protection and the prevention of fraud;

(2) Litigation;

(3) Educational activities;

(4) Statistical information on the number of persons served; and

(5) An accounting of the use of the money, including, without limitation, the specific amount of money used for salaries, costs and expenses.

3. On or before July 1 of each year, each legal aid organization listed in paragraph (b) of subsection 1 shall submit to the Office of the Attorney General an audited statement regarding the use of money received from the Account during the previous calendar year.

4. The Office of the Attorney General is entitled to audit, examine or inspect the books and records of each legal aid organization listed in paragraph (b) of subsection 1 at any time regarding the use of money received from the Account.

(Added to NRS by 2021, 2183)

NRS 228.340 Account for the Bureau of Consumer Protection: Deposits; use; claims.

1. Except as otherwise provided by NRS 598A.260, all money collected by the Bureau of Consumer Protection pursuant to NRS 704.033 and chapter 711 of NRS and pursuant to those provisions of NRS relating to private investigators and unfair trade practices must be deposited with the State Treasurer for credit to the Account for the Bureau of Consumer Protection.

2. Money in the Account may be used:

(a) To defray the costs of maintaining the Office of the Consumer’s Advocate and for carrying out the provisions of NRS 228.300 to 228.390, inclusive; or

(b) For any other purpose authorized by the Legislature.

3. All claims against the Account must be paid as other claims against the State are paid.

(Added to NRS by 1981, 1675; A 1989, 1470; 1997, 1969; 2007, 1377; 2010, 26th Special Session, 5)

NRS 228.350 Account for the Consumer’s Advocate: Gifts and grants. All gifts and grants of money which the Consumer’s Advocate is authorized to accept must be deposited with the State Treasurer for credit to the Account for the Consumer’s Advocate.

(Added to NRS by 1981, 1675; A 1989, 1470)

NRS 228.355 Revolving account: Use for payment of expenses relating to certain undercover investigations; powers and duties of Consumer’s Advocate.

1. There is hereby created a revolving account for the Bureau of Consumer Protection in the sum of $7,500, which must be used for the payment of expenses relating to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice or violating any provision of NRS 487.6871 to 487.6897, inclusive.

2. The Consumer’s Advocate shall deposit the money in the revolving account in a bank or credit union qualified to receive deposits of public money as provided by law, and the deposit must be secured by a depository bond satisfactory to the State Board of Examiners.

3. The Consumer’s Advocate or his or her designee may:

(a) Sign all checks drawn upon the revolving account; and

(b) Make withdrawals of cash from the revolving account.

4. Payments made from the revolving account must be promptly reimbursed from the legislative appropriation, if any, to the Consumer’s Advocate for the expenses relating to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice or violating any provision of NRS 487.6871 to 487.6897, inclusive. The claim for reimbursement must be processed and paid as other claims against the State are paid.

5. The Consumer’s Advocate shall:

(a) Approve any disbursement from the revolving account; and

(b) Maintain records of any such disbursement.

(Added to NRS by 2009, 2538, 2696)

NRS 228.360 Powers and duties regarding certain public utilities.

1. The Consumer’s Advocate:

(a) Shall intervene in and represent the public interest in:

(1) All proceedings conducted pursuant to NRS 704.7561 to 704.7595, inclusive; and

(2) All proceedings conducted pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application.

(b) May, with respect to all public utilities except railroads and cooperative utilities, and except as otherwise provided in NRS 228.380:

(1) Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.

(2) Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the Public Utilities Commission of Nevada in the same manner and to the same extent as authorized by law for members of the Public Utilities Commission of Nevada and its staff.

(3) Except as otherwise provided in paragraph (a), petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the Public Utilities Commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the Consumer’s Advocate may bring before or has brought before the Public Utilities Commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The Consumer’s Advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and the Consumer’s Advocate is a real party in interest in the proceeding.

2. As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

(Added to NRS by 1981, 1675; A 1987, 705; 1997, 1969; 2001, 353, 3254; 2007, 2987; 2013, 741)

NRS 228.370 Duty of certain public utilities to provide documents. All public utilities, except railroads and cooperative utilities, and except as provided in NRS 228.380, shall provide the Consumer’s Advocate with copies of any proposed changes in rates or service, correspondence, legal papers and other documents which are served on or delivered or mailed to the Public Utilities Commission of Nevada.

(Added to NRS by 1981, 1676; A 1987, 705; 1997, 1969)

1. Except as otherwise provided in this section, the Consumer’s Advocate may exercise the power of the Attorney General in areas of consumer protection, including, but not limited to, enforcement of chapters 90, 597, 598, 598A, 598B, 598C, 599B and 711 of NRS.

2. The Consumer’s Advocate may not exercise any powers to enforce any criminal statute set forth in:

(a) Chapter 90, 597, 598, 598A, 598B, 598C or 599B of NRS for any transaction or activity that involves a proceeding before the Public Utilities Commission of Nevada if the Consumer’s Advocate is participating in that proceeding as a real party in interest on behalf of the customers or a class of customers of utilities; or

(b) Chapter 711 of NRS.

3. The Consumer’s Advocate may have access to all records in the possession of any agency, board or commission of this State that he or she determines are necessary for the exercise of the powers set forth in subsection 1.

4. The Consumer’s Advocate may expend revenues derived from NRS 704.033 only for activities directly related to the protection of customers of public utilities.

5. The powers of the Consumer’s Advocate do not extend to proceedings before the Public Utilities Commission of Nevada directly relating to discretionary or competitive telecommunication services.

(Added to NRS by 1981, 1676; A 1991, 66; 1997, 1970; 2007, 1377; 2021, 1355)

NRS 228.390 Representation of public interest and customers’ interests.

1. Except as otherwise provided in NRS 704.110 and 704.7561 to 704.7595, inclusive:

(a) The Consumer’s Advocate has sole discretion to represent or refrain from representing the public interest and any class of customers in any proceeding.

(b) In exercising such discretion, the Consumer’s Advocate shall consider the importance and extent of the public interest or the customers’ interests involved and whether those interests would be adequately represented without his or her participation.

(c) If the Consumer’s Advocate determines that there would be a conflict between the public interest and any particular class of customers or any inconsistent interests among the classes of customers involved in a particular matter, the Consumer’s Advocate may choose to represent one of the interests, to represent no interest, or to represent one interest through his or her office and another or others through outside counsel engaged on a case basis.

(d) If the Consumer’s Advocate declines to represent the public interest in a proceeding to review a proposed rate of an electric utility, the Consumer’s Advocate shall publish a report in support of the decision to decline such representation and make the report available to the public at the Bureau of Consumer Protection and on the Internet website maintained by the Bureau of Consumer Protection. The report must:

(1) Identify each element of the public interest, as may be applicable to the proceeding to review a proposed rate; and

(2) Specify the manner in which each element of the public interest, as identified pursuant to subparagraph (1), is sufficiently represented.

2. As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

(Added to NRS by 1981, 1676; A 1997, 1970; 2001, 354, 3255; 2013, 3345)

MEDICAID FRAUD

NRS 228.410 Jurisdiction of Attorney General in cases involving Medicaid fraud; establishment of Medicaid Fraud Control Unit; duties and powers; recovery of reasonable costs and expenses.

1. The Attorney General has primary jurisdiction to investigate and prosecute violations of NRS 422.540 to 422.570, inclusive, and any fraud in the administration of the Plan or in the provision of medical assistance pursuant to the Plan. The provisions of this section notwithstanding, the Department of Health and Human Services and the Division of Health Care Financing and Policy of the Department of Health and Human Services shall enforce the Plan and any regulations adopted pursuant thereto.

2. For this purpose, the Attorney General shall establish within his or her office the Medicaid Fraud Control Unit. The Unit must consist of a group of qualified persons, including, without limitation, an attorney, an auditor and an investigator who, to the extent practicable, have expertise in nursing, medicine and the administration of medical facilities.

3. The Attorney General, acting through the Medicaid Fraud Control Unit:

(a) Is the single state agency responsible for the investigation and prosecution of violations of NRS 422.540 to 422.570, inclusive;

(b) May conduct any investigation or prosecution authorized pursuant to 42 U.S.C. § 1396b(q);

(c) Shall review reports of abuse or criminal neglect of patients in medical facilities which receive payments under the Plan and, when appropriate, investigate and prosecute the persons responsible;

(d) May review and investigate reports of misappropriation of money from the personal resources of patients in medical facilities that receive payments under the Plan and, when appropriate, shall prosecute the persons responsible;

(e) Shall cooperate with federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving fraud in the provision or administration of medical assistance pursuant to the Plan, and provide those federal officers with any information in his or her possession regarding such an investigation or prosecution; and

(f) Shall protect the privacy of patients and establish procedures to prevent the misuse of information obtained in carrying out the provisions of this section and NRS 228.411.

4. When acting pursuant to this section or NRS 228.175, the Attorney General may commence an investigation and file a criminal action without leave of court, and has exclusive charge of the conduct of the prosecution.

5. The Attorney General may, by appropriate legal action, recover any reasonable costs or expenses incurred in conducting an investigation or prosecution pursuant to this section or NRS 228.411. The Attorney General may retain the costs and expenses recovered pursuant to this subsection up to an amount not exceeding, in the aggregate, three times the amount of any money paid by this State which matches federal grant money for the Medicaid Fraud Control Unit. Costs and expenses recovered by the Attorney General in excess of the amount retained by the Attorney General must be deposited in the State General Fund for credit to the appropriate account for the Plan.

6. As used in this section:

(a) “Medical facility” has the meaning ascribed to it in NRS 449.0151.

(b) “Plan” means the State Plan for Medicaid established pursuant to NRS 422.063.

(Added to NRS by 1991, 1053; A 1993, 2067, 2498; 1995, 702; 1997, 1253, 2604; 1999, 2235, 2242; 2003, 665; 2011, 533)

NRS 228.411 Authority of Attorney General to subpoena and use certain documents, records and materials; penalty for noncompliance with subpoena; required contents of subpoena.

1. In carrying out the duties and responsibilities under NRS 228.410, the Attorney General, acting through the chief executive of the Medicaid Fraud Control Unit or his or her designee, may issue a subpoena for documents, records or materials.

2. The Attorney General may use any documents, records or materials produced pursuant to a subpoena issued under this section in the course of a civil action brought pursuant to NRS 228.410.

3. Any person who willfully fails or refuses to comply with a subpoena issued pursuant to this section is guilty of a misdemeanor.

4. A subpoena issued pursuant to this section must include a copy of the provisions of subsections 1, 2 and 3.

(Added to NRS by 2011, 533)

INSURANCE FRAUD

NRS 228.412 Jurisdiction of Attorney General in cases involving insurance fraud; establishment of Fraud Control Unit for Insurance; duties and powers.

1. The Attorney General has primary jurisdiction to conduct criminal investigations into and may bring a criminal prosecution for any act alleged to be insurance fraud.

2. The Attorney General shall establish within his or her office a Fraud Control Unit for Insurance. The Fraud Control Unit must consist of such persons as are necessary to carry out the duties set forth in this section, NRS 679B.600 to 679B.700, inclusive, and NRS 686A.281 to 686A.292, inclusive, including, without limitation, attorneys and investigators.

3. The Attorney General, acting through the Fraud Control Unit:

(a) Is the single state agency responsible for the criminal prosecution of insurance fraud;

(b) Shall cooperate with the Commissioner of Insurance, insurers, and investigators and prosecutors of other states and the Federal Government in coordinating state and federal criminal investigations and criminal prosecutions involving insurance fraud;

(c) Shall protect the privacy of insurers and insured persons who are eligible to receive benefits pursuant to the provisions of title 57 of NRS and shall establish procedures to prevent the misuse of information obtained in carrying out this section; and

(d) May, upon written request, inspect the records of any insurer, the Commissioner of Insurance and the Division of Insurance of the Department of Business and Industry to conduct a criminal investigation into any act alleged to be insurance fraud.

4. To investigate any act alleged to be insurance fraud, the Attorney General and members of the Fraud Control Unit may conduct investigations into any activity related thereto occurring outside of this State, if necessary. To conduct these investigations, the Attorney General and members of the Fraud Control Unit may:

(a) Travel outside of this State;

(b) Cooperate with appropriate agencies or persons outside of this State; and

5. When acting pursuant to this section, the Attorney General may commence an investigation and file a criminal action without leave of court, and has exclusive charge of the conduct of the prosecution. The Attorney General may conduct preliminary hearings or grand juries for the purposes of filing an information or indictment.

6. The Attorney General shall report the name of each person who has been convicted of insurance fraud to the Commissioner of Insurance.

7. The provisions of this section must not be construed to limit or diminish the jurisdiction of the Commissioner of Insurance to regulate persons transacting insurance in this State.

8. As used in this section, “insurance fraud” has the meaning ascribed to it in NRS 686A.2815.

(Added to NRS by 2001, 1100)

INDUSTRIAL INSURANCE FRAUD

NRS 228.420 Jurisdiction of Attorney General in cases involving industrial insurance fraud; establishment of Fraud Control Unit for Industrial Insurance; duties and powers.

1. The Attorney General has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS.

2. For this purpose, the Attorney General shall establish within his or her office a Fraud Control Unit for Industrial Insurance. The Unit must consist of such persons as are necessary to carry out the duties set forth in this section, including, without limitation, an attorney, an auditor and an investigator.

3. The Attorney General, acting through the Unit established pursuant to subsection 2:

(a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS;

(b) Shall cooperate with the Division of Industrial Relations of the Department of Business and Industry, self-insured employers, associations of self-insured public or private employers, private carriers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS;

(c) Shall protect the privacy of persons who are eligible to receive compensation pursuant to the provisions of chapter 616A, 616B, 616C, 616D or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

(d) May, upon request, inspect the records of any self-insured employer, association of self-insured public or private employers, or private carrier, the Division of Industrial Relations of the Department of Business and Industry and the State Contractors’ Board to investigate any alleged violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS.

4. When acting pursuant to this section or NRS 228.175 or 228.410, the Attorney General may commence an investigation and file a criminal action without leave of court, and has exclusive charge of the conduct of the prosecution.

5. The Attorney General shall report the name of any person who has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, to the occupational board or other entity that issued the person’s license or certificate to provide medical care, remedial care or other services in this State.

6. The Attorney General shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS.

7. As used in this section:

(a) “Association of self-insured private employers” has the meaning ascribed to it in NRS 616A.050.

(b) “Association of self-insured public employers” has the meaning ascribed to it in NRS 616A.055.

(d) “Self-insured employer” has the meaning ascribed to it in NRS 616A.305.

(Added to NRS by 1993, 773; A 1993, 799; 1995, 649, 1878, 2038; 1997, 579; 1999, 1808; 2011, 844; 2017, 4237)

DOMESTIC VIOLENCE, SEXUAL ASSAULT AND HUMAN TRAFFICKING

General Provisions

NRS 228.423 Definitions. As used in NRS 228.423 to 228.497, inclusive, unless the context otherwise requires, the words and terms defined in NRS 228.427 and 228.430 have the meanings ascribed to them in those sections.

(Added to NRS by 2005, 940; A 2017, 2445)

NRS 228.427 “Committee” defined. “Committee” means the Committee on Domestic Violence appointed pursuant to NRS 228.470.

(Added to NRS by 2005, 940; A 2017, 2445)

NRS 228.430 “Domestic violence” defined. “Domestic violence” has the meaning ascribed to it in NRS 33.018.

(Added to NRS by 1997, 1818; A 2005, 941)

Ombudsman for Victims of Domestic Violence, Sexual Assault and Human Trafficking

NRS 228.440 Creation of Office; appointment; term; qualifications; classification; removal.

1. The Office of Ombudsman for Victims of Domestic Violence, Sexual Assault and Human Trafficking is hereby created within the Office of the Attorney General.

2. The Attorney General shall appoint a person to serve in the position of Ombudsman for a term of 4 years. The person so appointed:

(a) Must be knowledgeable about the legal and societal aspects of domestic violence, sexual assault and human trafficking;

(b) Is in the unclassified service of the State; and

3. The Attorney General may remove the Ombudsman from office for inefficiency, neglect of duty or malfeasance in office.

(Added to NRS by 1997, 1819; A 2021, 658)

NRS 228.450 Duties; confidentiality of certain information collected in discharge of duties; use of grants to compensate.

1. The Ombudsman for Victims of Domestic Violence, Sexual Assault and Human Trafficking shall:

(a) Prepare quarterly reports relating to victims of domestic violence, sexual assault and human trafficking from information collected from the Central Repository for Nevada Records of Criminal History, if any such information is available.

(b) Provide necessary assistance to victims of domestic violence, sexual assault and human trafficking.

(c) Provide education to the public concerning domestic violence, sexual assault and human trafficking, including, without limitation, the prevention of domestic violence, sexual assault and human trafficking, available assistance to victims of domestic violence, sexual assault and human trafficking, and available treatment for persons who commit domestic violence, sexual assault and human trafficking.

(d) Perform such other tasks as are necessary to carry out the duties and functions of his or her office.

2. Except as otherwise provided in this subsection, information collected pursuant to paragraph (a) of subsection 1 is confidential and must not be disclosed to any person under any circumstances, including, without limitation, pursuant to a subpoena, search warrant or discovery proceeding. Such information may be used for statistical purposes if the identity of the person is not discernible from the information disclosed.

3. Any grant received by the Office of the Attorney General for assistance to victims of domestic violence, sexual assault and human trafficking may be used to compensate the Ombudsman for Victims of Domestic Violence, Sexual Assault and Human Trafficking.

(Added to NRS by 1997, 1819; A 2021, 658)

Account for Programs Related to Domestic Violence

NRS 228.460 Creation; deposits; administration; expenditures; claims.

1. The Account for Programs Related to Domestic Violence is hereby created in the State General Fund. Any fee imposed and collected pursuant to NRS 176.094 must be deposited with the State Controller for credit to the Account.

2. The Ombudsman for Victims of Domestic Violence, Sexual Assault and Human Trafficking:

(a) Shall administer the Account for Programs Related to Domestic Violence; and

(b) May expend money in the Account only to pay for expenses related to:

(1) The Committee;

(2) Training law enforcement officers, attorneys and members of the judicial system about domestic violence;

(3) Assisting victims of domestic violence and educating the public concerning domestic violence; and

(4) Carrying out the duties and functions of his or her office.

3. All claims against the Account for Programs Related to Domestic Violence must be paid as other claims against the State are paid.

(Added to NRS by 1997, 1819; A 2001, 2903; 2005, 941; 2017, 2445; 2019, 1824; 2021, 658)

Committee on Domestic Violence

NRS 228.470 Creation; composition; terms of members; duties; officers; meetings; staff; allowances and expenses; regulations.

1. The Committee on Domestic Violence is hereby created. The Committee is comprised of the Attorney General or a designee of the Attorney General and:

(a) The following members appointed by the Attorney General:

(1) One staff member of a program for victims of domestic violence;

(2) One staff member of a program for the treatment of persons who commit domestic violence;

(3) One representative from an office of the district attorney with experience in prosecuting criminal offenses;

(4) One representative from an office of the city attorney with experience in prosecuting criminal offenses;

(5) One law enforcement officer;

(6) One provider of mental health care;

(7) Two survivors of domestic violence;

(8) One justice of the peace or municipal judge;

(9) One representative from the Office of Court Administrator; and

(10) Any other person appointed by the Attorney General.

(b) One member who is a representative of the Division of Public and Behavioral Health of the Department of Health and Human Services, who is appointed by the Administrator of the Division and who has experience related to the certification of programs for the treatment of persons who commit domestic violence.

Ê Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years. At least two members of the Committee must be residents of a county whose population is less than 100,000.

2. The Committee shall:

(a) Increase awareness of the existence and unacceptability of domestic violence in this State;

(b) Review and evaluate existing programs provided to peace officers for training related to domestic violence and make recommendations to the Peace Officers’ Standards and Training Commission regarding such training;

(c) To the extent that money is available, provide financial support to programs for the prevention of domestic violence in this State;

(d) Study and review all appropriate issues related to the administration of the criminal justice system in rural Nevada with respect to offenses involving domestic violence, including, without limitation, the availability of counseling services;

(e) Study issues that relate to domestic violence, including, without limitation, the intersections between domestic violence and sexual assault and domestic violence and human trafficking; and

(f) Submit on or before March 1 of each odd-numbered year a report to the Director of the Legislative Counsel Bureau for distribution to the regular session of the Legislature. In preparing the report, the Committee shall solicit comments and recommendations from district judges, municipal judges and justices of the peace in rural Nevada. The report must include, without limitation:

(1) A summary of the work of the Committee and recommendations for any necessary legislation concerning domestic violence; and

(2) All comments and recommendations received by the Committee.

3. The Attorney General or the designee of the Attorney General is the Chair of the Committee.

4. The Committee shall annually elect a Vice Chair from among its members.

5. The Committee shall meet regularly at least three times in each calendar year and may meet at other times upon the call of the Chair.

6. At least one meeting in each calendar year must be held at a location within the Fourth Judicial District, Fifth Judicial District, Sixth Judicial District, Seventh Judicial District or Eleventh Judicial District.

7. The Attorney General shall provide the Committee with such staff as is necessary to carry out the duties of the Committee.

8. While engaged in the business of the Committee, each member and employee of the Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

9. The Committee may adopt regulations necessary to carry out its duties pursuant to NRS 228.470 to 228.497, inclusive.

(Added to NRS by 1997, 1819; A 1999, 2428; 2005, 32; 2007, 76; 2017, 2445; 2019, 1824; 2021, 659)

NRS 228.490 Gifts, grants, donations and contributions. The Committee may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties pursuant to NRS 228.470. Any money that the Committee receives pursuant to this section must be deposited in and accounted for separately in the Account for Programs Related to Domestic Violence created pursuant to NRS 228.460 for use by the Committee in carrying out its duties.

(Added to NRS by 2005, 940; A 2017, 2447)

1. The Committee may review the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018 if a court or an agency of a local government does not organize or sponsor a multidisciplinary team pursuant to NRS 217.475 or if the court or agency requests the assistance of the Committee. In addition to the review of a particular case, the Committee shall:

(a) Examine the trends and patterns of deaths of victims of crimes that constitute domestic violence in this State;

(b) Determine the number and type of incidents the Committee wishes to review;

(d) Engage in activities to educate the public, providers of services to victims of domestic violence and policymakers concerning deaths from crimes that constitute domestic violence and strategies for intervention and prevention of such crimes; and

(e) Recommend policies, practices and services to encourage collaboration and reduce the number of deaths from crimes that constitute domestic violence.

2. The review of the death of a victim pursuant to this section does not grant the Attorney General or the Committee supervisory authority over, or restrict or impair the statutory authority of, any state or local governmental agency responsible for the investigation or prosecution of the death of a victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

3. Before reviewing the death of a victim pursuant to this section, the Committee shall adopt a written protocol describing the objectives and structure of the review.

4. The Committee may request any person, agency or organization that is in possession of information or records concerning a victim who is the subject of a review or any person who was in contact with the victim to provide the Committee with any information or records that are relevant to the review. Any information or records provided to the Committee pursuant to this subsection are confidential.

5. The Committee may, if appropriate, meet with any person, agency or organization that the Committee believes may have information relevant to a review conducted by the Committee, including, without limitation, a multidisciplinary team:

(a) To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475;

(b) To review any allegations of abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person or the death of an older person or vulnerable person that is alleged to be from abuse, neglect, isolation or abandonment organized pursuant to NRS 228.270;

(d) To oversee the review of the death of a child organized pursuant to NRS 432B.4075.

6. Except as otherwise provided in subsection 7, each member of the Committee is immune from civil or criminal liability for an activity related to the review of the death of a victim conducted pursuant to this section.

7. Each member of the Committee who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.

8. The Attorney General:

(a) May bring an action to recover a civil penalty imposed pursuant to subsection 7 against a member of the Committee; and

(b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

9. The results of a review of the death of a victim conducted pursuant to this section are not admissible in any civil action or proceeding.

10. The Committee shall submit a report of its activities pursuant to this section to the Attorney General. The report must include, without limitation, the findings and recommendations of the Committee. The report must not include information that identifies any person involved in a particular case under review. The Attorney General shall make the report available to the public.

11. Any meeting of the Committee held to review the death of a victim pursuant to this section, or any portion of a meeting of the Committee during which the Committee reviews such a death, is not subject to the provisions of chapter 241 of NRS.

(Added to NRS by 2011, 734; A 2015, 829; 2017, 2447; 2019, 3494)

NRS 228.497 Review of death of victim of certain crimes that constitute domestic violence: Access to information and records. In carrying out its duties pursuant to NRS 228.495, the Committee may have access to:

1. The information that is contained in the Central Repository for Nevada Records of Criminal History pursuant to NRS 179A.075.

2. The records of criminal history maintained by an agency of criminal justice pursuant to NRS 179A.100.

(Added to NRS by 2013, 184; A 2017, 2449)

TELECOMMUNICATION SOLICITATION

NRS 228.500 Definitions. As used in NRS 228.500 to 228.640, inclusive, unless the context otherwise requires, the words and terms defined in NRS 228.510, 228.520 and 228.530 have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 2877)

NRS 228.510 “Registry” defined. “Registry” means the registry established pursuant to NRS 228.550 unless, pursuant to NRS 228.540, the part of the single national database that relates to this State is deemed to be the registry.

(Added to NRS by 2003, 2877)

NRS 228.520 “Telephone solicitor” defined.

1. “Telephone solicitor” means a person who makes or causes another person or a machine to make an unsolicited telephone call for the sale of goods or services.

2. As used in this section:

(a) “Device for automatic dialing and announcing” has the meaning ascribed to it in NRS 597.812.

(b) “Machine” includes, without limitation, a device for automatic dialing and announcing.

(Added to NRS by 2003, 2877)

NRS 228.530 “Unsolicited telephone call for the sale of goods or services” defined.

1. “Unsolicited telephone call for the sale of goods or services” means an unsolicited telephone call, other than a telephone call on behalf of a charitable organization, religious organization or political organization, to:

(a) Rent, lease, sell, exchange, promote or gift any good or service;

(b) Solicit any act described in paragraph (a);

(d) Seek or obtain information, including, without limitation, any document, intended to be used to facilitate any act described in paragraph (a), (b) or (c).

2. As used in this section:

(a) “Charitable organization” means a person that the Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3).

(b) “Committee for political action” means a committee for political action, as defined in NRS 294A.0055, which has registered pursuant to NRS 294A.230.

(1) Any property or product, whether tangible or intangible;

(2) Any service, including, without limitation, financial service;

(3) A loan or any other extension of credit;

(4) Insurance;

(5) Any investment or opportunity for investment;

(6) A gift, prize, bonus or any other inducement to act; or

(7) Anything of value.

(d) “Political organization” means a committee for political action, political party or candidate for public office.

(e) “Religious organization” means an organization for which the primary purpose is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted.

(f) “Telephone call on behalf of a charitable organization, religious organization or political organization” means a telephone call on behalf of the organization if the call is made by:

(1) An employee of the organization who is paid directly by the organization; or

(2) A volunteer.

3. For the purposes of this section, a telephone call is deemed to have been solicited if it is made to a person who:

(a) Expressly requested or expressly gave permission for the telephone call to be made;

(b) Had an established business relationship with the caller, if the telephone call is made solely to verify the termination of the business relationship; or

(c) Has a delinquent obligation for which payment or performance is due but has not been made, if the telephone call is made to:

(1) Collect the payment or obtain the performance; or

(2) Extend credit to allow the person to make the payment.

(Added to NRS by 2003, 2877)

NRS 228.540 National database of telephone numbers of persons requesting not to receive unsolicited telephone calls for sale of goods or services: Attorney General findings; effect on registry.

1. If a federal agency establishes a single national database of telephone numbers of persons who request not to receive unsolicited telephone calls for the sale of goods or services, the Attorney General shall, to the extent consistent with federal law, examine that database and the federal law relating to that database for the purposes of NRS 228.500 to 228.640, inclusive. Based upon this examination and his or her analysis of the applicable needs of this State, the Attorney General may issue a finding that:

(a) The part of the single national database that relates to this State is adequate to serve as the registry for the purposes of NRS 228.500 to 228.640, inclusive; and

(b) It is in the best interests of this State for the Attorney General to use the part of the single national database that relates to this State as the registry for the purposes of NRS 228.500 to NRS 228.640, inclusive.

2. Except as otherwise provided in subsection 3, if the Attorney General issues the finding described in subsection 1:

(a) The part of the single national database that relates to this State shall be deemed to be the registry for the purposes of NRS 228.500 to 228.640, inclusive;

(b) The Attorney General shall forward the applicable information in the registry established pursuant to NRS 228.550, if any, to the federal agency or other appropriate person who maintains the single national database;

(d) The provisions of paragraphs (b), (c) and (d) of subsection 1 of NRS 228.560 do not apply; and

(e) The provisions of subsection 3 of NRS 228.590 do not apply.

3. Not less than biennially, the Attorney General shall reexamine the single national database and the federal law relating to that database for the purposes of NRS 228.500 to 228.640, inclusive. Based upon this reexamination and his or her analysis of the applicable needs of this State, the Attorney General may rescind the finding issued pursuant to subsection 1. If the Attorney General rescinds the finding:

(a) Except as otherwise provided in paragraph (d), 1 month after the Attorney General rescinds the finding, the provisions of NRS 228.550 apply;

(b) Five months after the Attorney General rescinds the finding, the provisions of NRS 228.580 apply;

(1) The provisions of paragraphs (b), (c) and (d) of subsection 1 of NRS 228.560 apply;

(2) The provisions of subsection 3 of NRS 228.590 apply; and

(3) The part of the single national database that relates to this State shall cease to be deemed to be the registry for the purposes of NRS 228.500 to 228.640, inclusive; and

(d) Three years after the Attorney General rescinds the finding, the provisions of paragraph (d) of subsection 1 of NRS 228.550 apply.

4. At any time after rescinding a finding pursuant to subsection 3, the Attorney General may again issue a finding described in subsection 1, and may rescind that finding pursuant to subsection 3.

(Added to NRS by 2003, 2878)

1. The Attorney General shall:

(a) Establish and maintain, or cause to be established and maintained, a registry that includes the name and telephone number of each person in this State who has requested that his or her telephone number be included in the list published pursuant to this section;

(b) Provide for a toll-free telephone number that may be used to request inclusion or maintenance of a telephone number in the registry;

(c) Publish a list of the telephone numbers in the registry at least once every 6 months and ensure that no other personally identifying information contained in the registry is included in the published lists;

(d) On January 1, 2007, and every 3 years thereafter, delete from the registry every telephone number and related information, except for each telephone number and related information for which the Attorney General has received a request within the preceding 6 months to include or maintain the telephone number in the registry;

(e) During the 6-month period identified in paragraph (d), use reasonable means, including, without limitation, public service announcements, to inform the public that telephone numbers and related information in the registry will be deleted or otherwise purged unless new or renewed requests for inclusion in the registry are received by the Attorney General; and

(f) If a federal agency establishes a single national database of telephone numbers of persons who request not to receive unsolicited telephone calls for the sale of goods or services:

(1) Include the part of the single national database that relates to this State in the registry;

(2) At least once every 6 months, add to the registry any new and applicable information that has been added to the part of the single national database that relates to this State; and

(3) At least once every 6 months, remove from the registry any applicable information that has been removed from the part of the single national database that relates to this State.

2. The Attorney General may:

(a) Contract for the establishment and maintenance of the registry;

(b) Provide for additional procedures for requesting inclusion or maintenance of a telephone number in the registry; and

(c) Require by regulation that information in addition to names and telephone numbers be included in the registry, including, without limitation, the mailing address of each person who has requested inclusion in the registry.

3. A person may request that his or her telephone number be included or maintained in the registry using:

(a) A toll-free telephone number provided by the Attorney General for that purpose; or

(b) Any other method provided by the Attorney General.

4. A person may request to have his or her telephone number removed from the registry. Such a request must be submitted to the Attorney General in writing.

(Added to NRS by 2003, 2879)

NRS 228.560 Public service announcement concerning registry.

1. The Attorney General shall make information available to the public concerning the establishment and maintenance of the registry, including, without limitation:

(a) The procedures for requesting the inclusion or maintenance of a telephone number in the registry;

(b) A statement indicating that a revised version of the list of telephone numbers in the registry will be published at least once every 6 months;

(c) A statement indicating that no information contained in the registry, other than the telephone numbers, will be included on the list published pursuant to this section or otherwise disclosed to the public; and

(d) A statement indicating that all telephone numbers and related information in the registry will be deleted or otherwise purged from the registry every 3 years, except for any telephone number and related information for which the Attorney General has received a new or renewed request for inclusion in the registry within the 6 months before the potential deletion.

2. A person who publishes telephone directories for distribution to the public in this State shall ensure that each such telephone directory includes the information made available to the public by the Attorney General pursuant to subsection 1.

(Added to NRS by 2003, 2880)

NRS 228.570 Registry and published list of telephone numbers in registry not a public record; publication, release and use of telephone numbers and other information in registry. To the extent consistent with federal law:

1. The registry is not a public record. Any list published of the telephone numbers contained within the registry is not a public record.

2. The telephone numbers in the registry must not be published or released except pursuant to the provisions of NRS 228.500 to 228.640, inclusive.

3. The information in the registry other than the telephone numbers:

(a) Must not be published or released; and

(b) May only be used by the Attorney General to administer the provisions of NRS 228.500 to 228.640, inclusive.

(Added to NRS by 2003, 2881)

NRS 228.580 Availability of published list of telephone numbers in registry to telephone solicitors; fee. Each list of telephone numbers published pursuant to NRS 228.550 must be made available to a telephone solicitor upon the payment of the fee established by regulation for this purpose by the Attorney General. The fee must not exceed $1,000 annually for each telephone solicitor, regardless of the number of revised editions of the list that are published during the calendar year.

(Added to NRS by 2003, 2881)

NRS 228.590 Calls prohibited to telephone numbers in registry; limited use of information in registry.

1. Except as otherwise provided in NRS 228.600, a telephone solicitor shall not intentionally make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list of telephone numbers in the registry.

2. A person who obtains a copy of or access to the registry or to any version of the list of telephone numbers in the registry shall not use that information for any purpose other than determining whether a particular telephone number is available for an unsolicited telephone call for the sale of goods or services.

3. For the purposes of this section, a version of the list of telephone numbers in the registry is deemed to be the currently effective version of the list for the period beginning on the 31st day after it is published and ending on the 30th day after the next version is published.

(Added to NRS by 2003, 2881)

1. The provisions of NRS 228.590 do not prohibit a telephone solicitor from making or causing another person to make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list of telephone numbers in the registry if:

(a) There is a preexisting business relationship between the telephone solicitor and the person who is called; and

(b) The telephone solicitor complies with the provisions of this section.

2. Before a telephone solicitor may make or cause another person to make an unsolicited telephone call for the sale of goods or services based on a preexisting business relationship, the telephone solicitor must establish and maintain an internal do-not-call registry that complies with federal and state laws and regulations. The internal do-not-call registry must:

(a) Include, without limitation, a list of the telephone numbers of any person who has requested that the telephone solicitor not make or cause another person to make an unsolicited telephone call for the sale of goods or services to a telephone number of the person making the request; and

(b) Upon request, be provided by the person to the Attorney General.

3. In addition to the requirements set forth in subsection 2, at least once each year, the telephone solicitor shall provide written notice to each person with whom the telephone solicitor has a preexisting business relationship. The written notice must:

(a) Inform the person that the telephone solicitor is providing the notice pursuant to state law;

(b) Explain to the person that the person may elect to be placed on the internal do-not-call list of the telephone solicitor and specify the procedures for making such an election; and

(c) Explain to the person that the person may contact the customer service department of the telephone solicitor or the Attorney General to obtain further information concerning the provisions of this section and must provide the current address, telephone number and electronic mail address of the customer service department of the telephone solicitor and the Attorney General.

4. The provisions of subsection 3 do not apply to a person to whom a license to operate an information service or a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his or her license.

5. As used in this section, “preexisting business relationship” means a relationship between a telephone solicitor and a person that is based on:

(a) The person’s purchase, rental or lease of goods or services directly from the telephone solicitor, but not from any affiliate or associate of the telephone solicitor; or

(b) Any other financial transaction directly between the person and the telephone solicitor, but not between the person and any affiliate or associate of the telephone solicitor,

Ê that occurs within the 18 months immediately preceding the date of the unsolicited telephone call for the sale of goods or services.

(Added to NRS by 2003, 2881; A 2011, 3582)

NRS 228.610 Attorney General to institute legal proceedings against violator. If the Attorney General has reason to believe that a person has violated any of the provisions of NRS 228.500 to 228.640, inclusive, or any regulation adopted pursuant thereto, the Attorney General may institute an appropriate legal proceeding against the person in a court of competent jurisdiction.

(Added to NRS by 2003, 2882)

NRS 228.620 Violation constitutes deceptive trade practice. A violation of a provision of NRS 228.500 to 228.640, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

(Added to NRS by 2003, 2882)

NRS 228.630 Registry Account: Creation; deposits; interest and income; expenditures; administration; claims; nonreversion; submission of annual itemized statement to Legislature.

1. The Registry Account is hereby created in the State General Fund for the use of the Attorney General.

2. All money collected by the Attorney General pursuant to NRS 228.580 must be deposited in the State General Fund for credit to the Registry Account. The interest and income earned on the money in the Registry Account, after deducting any applicable charges, must be credited to the Registry Account.

3. Expenditures from the Registry Account must be made only to administer and enforce the provisions of NRS 228.500 to 228.640, inclusive.

4. The Attorney General shall administer the Registry Account. All claims against the Registry Account must be paid as other claims against the State are paid.

5. Any money remaining in the Registry Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Registry Account must be carried forward to the next fiscal year.

6. Each year, the Attorney General shall submit an itemized statement of the income and expenditures for the Registry Account:

(a) To the Legislature, if the Legislature is in session; or

(b) To the Interim Finance Committee, if the Legislature is not in session.

(Added to NRS by 2003, 2882; A 2011, 442)

NRS 228.640 Regulations. The Attorney General shall adopt regulations to carry out the provisions of NRS 228.500 to 228.640, inclusive.

(Added to NRS by 2003, 2883)

OFFICE OF MILITARY LEGAL ASSISTANCE

NRS 228.650 Creation. The Office of Military Legal Assistance is hereby created in the Office of the Attorney General.

(Added to NRS by 2015, 3079)

NRS 228.660 Powers; acceptance of gifts, grants and other money.

1. The Office of Military Legal Assistance may facilitate the delivery of legal assistance programs, pro bono services and self-help services to current and former military personnel in this State.

2. The Attorney General may apply for and accept grants, gifts, donations, bequests or devises on behalf of the Office of Military Legal Assistance which must be used to carry out the functions of the Office of Military Legal Assistance.

(Added to NRS by 2015, 3079)

OFFICE OF STATEWIDE COORDINATOR FOR CHILDREN WHO ARE ENDANGERED BY DRUG EXPOSURE

NRS 228.700 “Child who is endangered by drug exposure” defined. As used in this section and NRS 228.710 and 228.720, unless the context otherwise requires, “child who is endangered by drug exposure” means:

1. A child who is born affected by a prenatal substance use disorder or who has withdrawal symptoms resulting from such a disorder or has experienced other complications at birth as a result of such a disorder, as determined by a physician;

2. A child who illegally has a controlled substance in his or her body as a direct and foreseeable result of the act or omission of the parent, guardian or other person who exercises control or supervision of the child; or

3. A child who is allowed, in violation of NRS 453.3325, to be present in any conveyance or upon any premises wherein a controlled substance is unlawfully possessed, used, sold, exchanged, bartered, supplied, prescribed, dispensed, given away, administered, manufactured or compounded in violation of any of the provisions of NRS 453.011 to 453.552, inclusive.

(Added to NRS by 2009, 1531)

NRS 228.710 Creation; appointment, qualifications and classification of Statewide Coordinator.

1. The Office of Statewide Coordinator for Children Who Are Endangered by Drug Exposure is hereby created in the Office of the Attorney General.

2. The Attorney General shall appoint a person to serve as Statewide Coordinator who is knowledgeable about the legal and societal aspects of children who are endangered by drug exposure.

3. The Statewide Coordinator is in the unclassified service of the State.

(Added to NRS by 2009, 1531)

NRS 228.720 Duties of Statewide Coordinator; acceptance of gifts, grants and other money.

1. The Statewide Coordinator for Children Who Are Endangered by Drug Exposure shall:

(a) Provide necessary assistance to communities and local governments in establishing programs for children who are endangered by drug exposure.

(b) Provide education to the public concerning children who are endangered by drug exposure.

2. The Attorney General may accept grants, gifts, donations, bequests or devises on behalf of the Office of Statewide Coordinator for Children Who Are Endangered by Drug Exposure which must be used to carry out the duties of the Statewide Coordinator.

(Added to NRS by 2009, 1531)