[Rev. 8/27/2018 12:28:02 PM]
[NAC-628B Revised Date: 8-18]
CHAPTER 628B - PRIVATE PROFESSIONAL GUARDIANS
GENERAL PROVISIONS
628B.010 Definitions.
628B.020 “Certified guardian” defined.
628B.030 “Licensee” defined.
628B.040 “Place of business” defined.
LICENSES
628B.100 Submission by applicant of proof of citizenship or lawful entitlement to work in United States and residency; exception.
628B.110 Possession by licensee of applicable license, registration and permit required to conduct business; compliance of place of business with applicable planning and zoning ordinances.
628B.120 Notification to Commissioner by licensee or applicant of change in certain information, financial status, bonding, convictions or pleas or employment.
STANDARDS OF PRACTICE
628B.300 Place of business: Location.
628B.310 Place of business: Approval of Commissioner required to change.
628B.320 Foreign branch offices: Request for approval and licensing to operate; conditions for approval by Commissioner.
628B.330 Display of copy of license on Internet website of licensee.
628B.340 Posting of notice of rights regarding concerns or complaints; contents and form of notice.
628B.350 Maintenance of records concerning protected persons and documentation concerning license.
628B.360 Translation of documents used by licensee written in language other than English; qualifications of interpreter; contents of certificate issued by interpreter; assessment of costs to verify compliance.
628B.370 Restrictions on private professional guardian company having certain private professional guardians or certified guardians involved in day-to-day operation or management of company; exemption.
FEES
628B.500 Fees for licenses, branch offices and examinations of records; late fee for reports; billing for fee or assessment.
ADMINISTRATIVE PROCEEDINGS
628B.800 Hearing after noncompliance with order to cease and desist: Effect of failure to appear without waiver or continuance; authority of Commissioner to proceed or recess the matter.
GENERAL PROVISIONS
NAC 628B.010 Definitions. (NRS 628B.210) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 628B.020, 628B.030 and 628B.040 have the meanings ascribed to them in those sections.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.020 “Certified guardian” defined. (NRS 628B.210) “Certified guardian” has the meaning ascribed to it in subsection 3 of NRS 159.0595.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.030 “Licensee” defined. (NRS 628B.210) “Licensee” means a person licensed to engage in the business of a private professional guardian pursuant to chapter 628B of NRS.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.040 “Place of business” defined. (NRS 628B.210) “Place of business” means the physical location used by a licensee to engage in the business of a private professional guardian as designated in the license issued to the licensee pursuant to chapter 628B of NRS.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
LICENSES
NAC 628B.100 Submission by applicant of proof of citizenship or lawful entitlement to work in United States and residency; exception. (NRS 628B.210) Each natural person who applies for the issuance of a license to engage in the business of a private professional guardian pursuant to chapter 628B of NRS shall submit proof satisfactory to the Commissioner that he or she is:
1. A citizen of the United States or lawfully entitled to remain and work in the United States; and
2. A resident of this State, unless the applicant, if a nonresident, has obtained the prior approval of the Commissioner to apply for the issuance of a license to engage in the business of a private professional guardian.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.110 Possession by licensee of applicable license, registration and permit required to conduct business; compliance of place of business with applicable planning and zoning ordinances. (NRS 628B.210) A licensee shall not engage in any business of a private professional guardian unless, in addition to satisfying all the requirements set forth in this chapter and chapter 628B of NRS:
1. The licensee possesses each license, registration and permit required by this State or a local governmental entity as a condition to conducting business; and
2. The place of business of the licensee complies with the provisions of all applicable planning and zoning ordinances.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.120 Notification to Commissioner by licensee or applicant of change in certain information, financial status, bonding, convictions or pleas or employment. (NRS 628B.210)
1. A licensee or an applicant for the issuance of a license to engage in the business of a private professional guardian shall notify the Commissioner within 10 days of:
(a) Any change concerning the:
(1) Information provided pursuant to subsections 3 to 6, inclusive, of NRS 628B.310;
(2) Financial status of the licensee or applicant, including, without limitation, any new filing for bankruptcy, change in the solvency of the business of the licensee or applicant, or lien taken on any real property in the name of the licensee or applicant; or
(3) Equity, fidelity and surety bonds required pursuant to NRS 628B.540; or
(b) Being convicted of, or entering a plea of guilty or nolo contendere to, a felony or any crime involving fraud, misrepresentation, material omission, misappropriation, conversion or moral turpitude.
2. In addition to the requirements set forth in subsection 1, a licensee shall notify the Commissioner within 10 days of any change in employment.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
STANDARDS OF PRACTICE
NAC 628B.300 Place of business: Location. (NRS 628B.210)
1. The place of business of a licensee must be nonresidential unless an exemption is granted by the Commissioner.
2. If the Commissioner grants an exemption pursuant to subsection 1, any meeting that may be required during any licensing or examination process must be conducted at the closest office of the Division.
3. A licensee shall not engage in the business of a private professional guardian within any office, suite, room or business location in which any other business of a private professional guardian is solicited or engaged, or in association or conjunction with any other business of a private professional guardian, unless the licensee receives prior written approval from the Commissioner.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.310 Place of business: Approval of Commissioner required to change. (NRS 628B.210)
1. A licensee shall not move the place of business of the licensee without first requesting approval from the Commissioner in writing, on a form prescribed by the Commissioner, and obtaining the approval of the Commissioner.
2. If the Commissioner approves a change in the place of business of a licensee, the Commissioner will note the change on the face of the license of the licensee and enter a notation of the change in the record maintained pursuant to NRS 628B.220.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.320 Foreign branch offices: Request for approval and licensing to operate; conditions for approval by Commissioner. (NRS 628B.210)
1. A request for approval and licensing to operate a branch office outside this State that is filed with the Commissioner pursuant to subsection 3 of NRS 628B.530 must contain:
(a) The applicable information required by NRS 628B.310 for the application for a license to engage in the business of a private professional guardian in this State; and
(b) Proof satisfactory to the Commissioner that each branch office located outside this State will have a private professional guardian or a certified guardian involved in the day-to-day operation or management of the branch office.
2. The Commissioner will not approve a request for approval and licensing to operate a branch office outside this State that is filed pursuant to subsection 3 of NRS 628B.530 unless the Commissioner is satisfied that the applicant has:
(a) Complied with all applicable provisions of this chapter and chapter 628B of NRS, including, without limitation, the requirements set forth in NRS 628B.530; and
(b) Made appropriate arrangements for the:
(1) Storage, maintenance and retention in this State of all records regarding the collection of claims for or from residents of this State; and
(2) Maintenance of a guardianship account for each ward pursuant to NRS 628B.560.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.330 Display of copy of license on Internet website of licensee. (NRS 628B.210) In addition to the requirement set forth in NRS 628B.510, that the license of a licensee must be conspicuously displayed in the place of business designated in the license, a licensee shall display a copy of the license of the licensee on each website that the licensee uses for the purpose of soliciting new business or providing general information about the business services of the licensee.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.340 Posting of notice of rights regarding concerns or complaints; contents and form of notice. (NRS 628B.210)
1. A licensee shall post in a conspicuous place in each location at which the licensee engages in the business of a private professional guardian and on each website the licensee uses for the purpose of soliciting new business or providing general information about the business services of the licensee a notice that states the toll-free telephone number of the Office of the Commissioner for the purpose of handling concerns or complaints regarding licensees. The notice must be in substantially the following form:
NOTICE OF RIGHT TO CONTACT THE OFFICE OF THE COMMISSIONER OF FINANCIAL INSTITUTIONS REGARDING CONCERNS OR COMPLAINTS
You may contact the Office of the Commissioner of Financial Institutions regarding concerns or complaints about the licensee with whom you are dealing by calling the following toll-free telephone number in Nevada: (866) 858-8951.
2. If the notice required by subsection 1 is printed, it must be in boldface type. Information that must be printed in all upper case letters, and the telephone number, must be printed in at least 18-point type. All other information must be printed in at least 16-point type.
3. If the notice required by subsection 1 is handwritten or displayed digitally or by other electronic means, it must be in characters that are equivalent in intensity, legibility and size to the characters required for printed matter.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.350 Maintenance of records concerning protected persons and documentation concerning license. (NRS 628B.210) A licensee shall maintain all records concerning each of the protected persons of the licensee and all documentation concerning the license of the licensee for at least 6 years after the completion of the last transaction concerning a guardianship account maintained for a protected person or the licensee’s service as a private professional guardian, whichever is later.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.360 Translation of documents used by licensee written in language other than English; qualifications of interpreter; contents of certificate issued by interpreter; assessment of costs to verify compliance. (NRS 628B.210)
1. A licensee that uses a form or standard document written in a language other than English shall have the document translated into English and maintain together a copy of the document and its English translation.
2. A document translated pursuant to this section must be:
(a) Translated by an interpreter who is:
(1) Certified by the Court Administrator in accordance with the provisions of NRS 1.510 and regulations adopted pursuant thereto; or
(2) Approved in writing by the Division.
(b) Accompanied by a certificate issued by the interpreter. The certificate must:
(1) Declare that the translated document is a true and complete translation of the document written in the language other than English;
(2) Identify the document written in a language other than English and its English translation;
(3) Include the date of the translation; and
(4) Include the name, address, telephone number and electronic mail address, if any, of the interpreter.
3. The Commissioner may require a licensee to provide a translation of any nonstandard document that is written in a language other than English.
4. The Commissioner may assess a licensee for all costs incurred by the Commissioner to verify the licensee’s compliance with this section.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
NAC 628B.370 Restrictions on private professional guardian company having certain private professional guardians or certified guardians involved in day-to-day operation or management of company; exemption. (NRS 628B.210)
1. Except as otherwise provided in subsection 2, a private professional guardian company shall not have a private professional guardian or a certified guardian involved in the day-to-day operation or management of the company if the private professional guardian or certified guardian is serving in that capacity for another private professional guardian company.
2. A private professional guardian company is exempt from the provisions of subsection 1 if the private professional guardian company submits a written request to the Commissioner and the Commissioner approves the request.
3. The Commissioner may revoke the approval given pursuant to subsection 2 at any time if the Commissioner determines that:
(a) Confusion exists in the general public with regard to dealing with different private professional guardian companies that have the same private professional guardian or certified guardian involved in the day-to-day operation or management of each company;
(b) The various business functions of different private professional guardian companies that have the same private professional guardian or certified guardian involved in the day-to-day operation or management of each company are likely to be or are being merged or commingled or, in the opinion of the Commissioner, are otherwise being conducted in a manner that may be deleterious to the best interests of the public or the industry of private professional guardians;
(c) Improper or abusive methods are being used by a private professional guardian company that has the same private professional guardian or certified guardian involved in the day-to-day operation or management of the company as another private professional guardian company; or
(d) A private professional guardian company that has the same private professional guardian or certified guardian involved in the day-to-day operation or management of the company as another private professional guardian company is not conducting its affairs in compliance with this chapter and chapter 628B of NRS.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
FEES
NAC 628B.500 Fees for licenses, branch offices and examinations of records; late fee for reports; billing for fee or assessment. (NRS 628B.210, 628B.310, 628B.370, 628B.530, 628B.560, 628B.590)
1. The Commissioner will charge and collect the following fees:
Application fee for a license to engage in the business of a private professional guardian $500
Initial fee for a license to engage in the business of a private professional guardian......... 750
Renewal fee for a license to engage in the business of a private professional guardian.... 500
Fee for a request for approval and licensing to operate a branch office outside this State 500
Fee for each branch office authorized by the Commissioner............................................. 250
Renewal fee for each branch office authorized by the Commissioner............................... 250
Hourly fee for the examination of the books, papers, records and effects of a private professional guardian company required pursuant to chapter 628B of NRS and the preparation of a report of the examination...................................................................... 75
Fee for each day a report is late pursuant to subsection 4 of NRS 628B.590..................... 10
2. The Commissioner will bill each licensee for any fee or assessment imposed pursuant to the provisions of this chapter or chapter 628B of NRS. The licensee shall pay the fee within 30 days after the date the licensee receives the bill.
3. Any fee authorized by this chapter or chapter 628B of NRS must not be assessed directly to the estate of any protected person.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)
ADMINISTRATIVE PROCEEDINGS
NAC 628B.800 Hearing after noncompliance with order to cease and desist: Effect of failure to appear without waiver or continuance; authority of Commissioner to proceed or recess the matter. (NRS 628B.210) If an opportunity for a hearing is provided to a person pursuant to subsection 3 of NRS 628B.930 and the person fails to appear at the hearing without obtaining a waiver of appearance or requesting or being granted a continuance:
1. Such failure shall be deemed to be:
(a) An admission of all matters and facts contained in the verified complaint received by the Commissioner pursuant to subsection 1 of NRS 628B.930; and
(b) A waiver of the right to an evidentiary hearing.
2. The Commissioner or his or her designee may:
(a) Proceed to consider the matter without the participation of the person and may dispose of the matter on the basis of the evidence before it; or
(b) Upon good cause shown, recess the hearing to a future date to be set by the Commissioner or his or her designee to enable the person to attend.
(Added to NAC by Comm’r of Financial Institutions by R002-16, eff. 6-28-2016)