Senate Bill No. 306

Senate Bill No. 306-Committee on Commerce and Labor

April 16, 1997
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Referred to Committee on Commerce and Labor

SUMMARY--Provides for administrative review of disciplinary action against real estate licensee upon discovery of new evidence. (BDR 54-1132)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to real estate licensees; providing for the administrative review of a disciplinary action against a licensee upon the discovery of new evidence; providing remedies upon a determination that the licensee did not commit the violation that was the subject of the disciplinary action; and providing other matters properly relating thereto.

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

Section 1 NRS 645.760 is hereby amended to read as follows:
645.760 1. A ruling or decision of the commission in any disciplinary action is final when in favor of the licensee.
2. If a ruling or decision is against the licensee, the licensee is entitled to judicial review of the ruling or decision in the manner provided by chapter 233B of NRS.
3. If a ruling or decision is against the licensee, the licensee may at any time request a new hearing before the commission based on the ground of newly discovered evidence. The granting of such a request is discretionary with the commission. If the commission grants a request for a new hearing made by a licensee who paid an administrative fine or costs as a result of the disciplinary action, and the commission in the new hearing determines that the licensee did not commit the violation that was the subject of the disciplinary action, the commission shall issue an order that entitles the licensee to apply the amount of the fine and costs as a credit against any subsequent fee owed by the licensee to the division pursuant to this chapter.
4. As used in this section, "newly discovered evidence" means evidence that, by determination of the commission, was not available or the existence of which was not known to the licensee at the time the commission originally made its determination.
Sec. 2 NRS 645.770 is hereby amended to read as follows:
645.770 [After]
1. Except as otherwise provided in subsection 2, after the revocation of any license by the commission as provided in this chapter, no new license [shall] may be issued to the same licensee within [the period of] 1 year [from and] after the date of [such revocation, nor] the revocation, or at any time thereafter except in the sole discretion of the real estate division, and then only [provided that] if the licensee satisfies all the requirements for an original license.
2. If a license has been revoked by the commission as provided in this chapter and the commission, based on newly discovered evidence presented pursuant to NRS 645.760, determines that the licensee did not commit the violation for which his license was revoked, the licensee is entitled to the immediate issuance of a new license.