NRS: CHAPTER 599A - SOLICITATION TO PURCHASE LAND

[Rev. 6/29/2024 4:35:07 PM--2023]

CHAPTER 599A - SOLICITATION TO PURCHASE LAND

NRS 599A.020 “Customer” defined.

NRS 599A.040 “Solicitation” defined.

NRS 599A.050 Local licensing and regulation; solicitation without license unlawful.

NRS 599A.053 Application for license to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 599A.056 Statement regarding payment of child support by applicant for license; grounds for denial of license; duty of board of county commissioners or governing body. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 599A.057 Use of criminal history in determining whether to issue license.

NRS 599A.059 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 599A.060 Unfair practices unlawful; penalties.

NRS 599A.070 Penalties cumulative.

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NRS 599A.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 599A.020 and 599A.040 have the meanings ascribed to them in such sections.

(Added to NRS by 1971, 1259)

NRS 599A.020 “Customer” defined. “Customer” means any person solicited to purchase any land or interest therein, located in this state or elsewhere.

(Added to NRS by 1971, 1259)

NRS 599A.040 “Solicitation” defined. “Solicitation” means any conduct for the procurement of prospective customers or any offer of sale, option or reservation of any land or interest therein located in this state or elsewhere, and includes, but is not limited to, any of the following methods to carry out such purposes:

1. Advertising.

2. Offering gifts or other free benefits.

3. Promoting group meetings.

4. Using slides or movies.

(Added to NRS by 1971, 1259)

NRS 599A.050 Local licensing and regulation; solicitation without license unlawful.

1. Consistent with the provisions of this chapter, the board of county commissioners of any county and the governing body of an incorporated city may license and regulate any practice connected with the solicitation of customers for land sales.

2. In any county or incorporated city in which the board of county commissioners or governing body has adopted an ordinance requiring the licensing of any person engaged in solicitation, it is unlawful for any person to commit any act of solicitation without first obtaining such license.

(Added to NRS by 1971, 1259)

(Added to NRS by 1997, 2103)

1. An applicant for the issuance or renewal of a license issued pursuant to NRS 599A.050 shall submit to the board of county commissioners or the governing body of the incorporated city issuing the license the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The board of county commissioners or the governing body of the incorporated city issuing the license shall include the statement required pursuant to subsection 1 in:

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

(b) A separate form prescribed by the board of county commissioners or governing body of the city.

3. A license may not be issued or renewed by a board of county commissioners or the governing body of an incorporated city pursuant to NRS 599A.050 if the applicant:

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

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

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

(Added to NRS by 1997, 2102)

NRS 599A.057 Use of criminal history in determining whether to issue license.

1. The board of county commissioners of any county and the governing body of an incorporated city shall develop and implement a process by which a person with a criminal history may petition the board of county commissioners of any county and the governing body of an incorporated city to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license pursuant to NRS 599A.050.

2. Not later than 90 days after a petition is submitted to the board of county commissioners of any county and the governing body of an incorporated city pursuant to subsection 1, the board of county commissioners of any county and the governing body of an incorporated city shall inform the person of the determination of the board of county commissioners of any county and the governing body of an incorporated city of whether the person’s criminal history will disqualify the person from obtaining a license. The board of county commissioners of any county and the governing body of an incorporated city is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

3. The board of county commissioners of any county and the governing body of an incorporated city may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

4. A person with a criminal history may petition the board of county commissioners of any county and the governing body of an incorporated city at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the board of county commissioners of any county and the governing body of an incorporated city.

5. A person may submit a new petition to the board of county commissioners of any county and the governing body of an incorporated city not earlier than 2 years after the final determination of the initial petition submitted to the board of county commissioners of any county and the governing body of an incorporated city.

6. The board of county commissioners of any county and the governing body of an incorporated city may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The board of county commissioners of any county and the governing body of an incorporated city may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

7. The board of county commissioners of any county and the governing body of an incorporated city may post on its Internet website:

(a) The requirements to obtain a license from the board of county commissioners or the governing body, as applicable; and

(b) A list of crimes, if any, that would disqualify a person from obtaining a license from the board of county commissioners of any county and the governing body of an incorporated city, as applicable.

8. The board of county commissioners of any county and the governing body of an incorporated city may request the criminal history record of a person who petitions the board of county commissioners or the governing body, as applicable, for a determination pursuant to subsection 1. To the extent consistent with federal law, if the board of county commissioners or governing body, as applicable, makes such a request of a person, the board of county commissioners or governing body, as applicable, shall require the person to submit his or her criminal history record which includes a report from:

(a) The Central Repository for Nevada Records of Criminal History; and

(b) The Federal Bureau of Investigation.

9. A person who petitions the board of county commissioners of any county and the governing body of an incorporated city for a determination pursuant to subsection 1 shall not submit false or misleading information to the board of county commissioners or governing body, as applicable.

10. The board of county commissioners of any county and the governing body of an incorporated city shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

(a) The number of petitions submitted to the board of county commissioners of any county and the governing body of an incorporated city pursuant to subsection 1;

(b) The number of determinations of disqualification made by the board of county commissioners of any county and the governing body of an incorporated city pursuant to subsection 1;

(d) Any other information that is requested by the Director or which the board of county commissioners of any county and the governing body of an incorporated city determines would be helpful.

11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

(Added to NRS by 2019, 2956)

1. If a board of county commissioners or the governing body of an incorporated city receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued by that governmental body pursuant to NRS 599A.050, the governmental body that issued the license shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the governmental body receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. A board of county commissioners or the governing body of an incorporated city shall reinstate a license issued pursuant to NRS 599A.050 that has been suspended by a district court pursuant to NRS 425.540 if the governmental body receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2102)

NRS 599A.060 Unfair practices unlawful; penalties.

1. In the solicitation of any customer, it is an unfair practice for any person to commit any of the following acts:

(a) To misrepresent any material fact.

(b) To conceal any material fact.

(d) To fail to disclose any conditions or obligations connected with any gift or other free benefit offered to such customer.

(e) To contact anyone for the purpose of soliciting such person to attend a land sales presentation without first disclosing such purpose.

2. Any person committing any such unfair practice is guilty of a misdemeanor.

3. In addition to the penalty provided in subsection 2, the board of county commissioners or governing body of an incorporated city may, by ordinance, prohibit, and provide a penalty for, the commission of any unfair trade practice.

(Added to NRS by 1971, 1259)

NRS 599A.070 Penalties cumulative. The penalties provided in this chapter shall be cumulative with respect to any other provision of law.

(Added to NRS by 1971, 1260)