Assembly Bill No. 24–Committee on Commerce and Labor

 

(On Behalf of Legislative Committee to Study Categories
of Misdemeanors (ACR 2 of the 17th Special Session))

 

Prefiled January 29, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing authority of Attorney General to bring criminal and civil actions relating to practice of certain occupations and professions. (BDR 54‑188)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to occupational licensing boards; providing primary jurisdiction for the Attorney General to prosecute crimes relating to the practice of certain occupations and professions; expanding the authority of the Attorney General to bring civil actions relating to such occupations and professions; requiring the awarding of attorney’s fees, court costs and other costs relating to the investigation and prosecution of such civil and criminal actions; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 622 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  As used in this title, unless the context otherwise requires,

1-4  “convicted” or “conviction” means a judgment based upon:

1-5  1.  A plea of guilty or nolo contendere;

1-6  2.  A finding of guilt by a jury or a court sitting without a

1-7  jury; or

2-1  3.  Any other admission or finding of guilt in a criminal

2-2  action.

2-3  Sec. 2.  Chapter 623 of NRS is hereby amended by adding

2-4  thereto the provisions set forth as sections 3 to 6, inclusive, of this

2-5  act.

2-6  Sec. 3. 1.  The Attorney General has primary jurisdiction

2-7  for the enforcement of the provisions of this chapter. The Attorney

2-8  General shall, if appropriate, investigate and prosecute a person

2-9  who violates:

2-10      (a) Any provision of this chapter, a regulation adopted

2-11  pursuant to this chapter or an order of the Board; or

2-12      (b) Any other law or regulation if the violation is committed by

2-13  the person in the course of committing a violation described in

2-14  paragraph (a).

2-15      2.  The Attorney General shall, if appropriate, investigate and

2-16  prosecute a person who is alleged to have committed a violation

2-17  described in subsection 1 whether or not:

2-18      (a) The Board notifies the Attorney General of the alleged

2-19  violation;

2-20      (b) The Board takes any disciplinary action against the person

2-21  alleged to have committed the violation;

2-22      (c) Any other person files a complaint against the person

2-23  alleged to have committed the violation; or

2-24      (d) A civil action is commenced against the person alleged to

2-25  have committed the violation.

2-26      3.  When acting pursuant to this section, the Attorney General

2-27  may commence his investigation and file a criminal action without

2-28  leave of court, and the Attorney General has exclusive charge of

2-29  the conduct of the prosecution.

2-30      4.  Except as otherwise provided by the Constitution of the

2-31  United States, the Constitution of this state or a specific statute, a

2-32  person shall, if requested, provide the Attorney General with

2-33  information that would assist in the prosecution of any other

2-34  person who is alleged to have committed a violation described in

2-35  subsection 1. If a person fails, without reasonable cause, to

2-36  provide the Attorney General with such information upon request,

2-37  the person is guilty of a misdemeanor.

2-38      Sec. 4. 1.  The Attorney General may bring any appropriate

2-39  civil action against a person to enforce any provision of this

2-40  chapter, a regulation adopted pursuant to this chapter or an order

2-41  of the Board, including, without limitation, an order of the Board:

2-42      (a) Imposing an administrative fine; or

2-43      (b) Suspending, revoking or placing conditions upon a

2-44  certificate of registration.

3-1  2.  If the Attorney General prevails in any civil action brought

3-2  pursuant to this chapter, the court shall order the person against

3-3  whom the civil action was brought to pay:

3-4  (a) Court costs; and

3-5  (b) Reasonable costs of the investigation and prosecution of

3-6  the civil action.

3-7  3.  Whether or not the Attorney General brings a civil action

3-8  against a person pursuant to this chapter, the Attorney General

3-9  may prosecute the person for a criminal violation pursuant to this

3-10  chapter.

3-11      Sec. 5.  In addition to any other penalty, if a person is

3-12  convicted of a violation of any provision of this chapter, a

3-13  regulation adopted pursuant to this chapter or an order of the

3-14  Board, the court shall order the person to pay:

3-15      1.  Court costs; and

3-16      2.  Reasonable costs of the investigation and prosecution of

3-17  the violation.

3-18      Sec. 6.  1.  The actions and remedies authorized by this

3-19  chapter are cumulative.

3-20      2.  If an agency or officer elects to take any action or pursue

3-21  any remedy authorized by this chapter or another specific statute,

3-22  that election is not exclusive and does not preclude the agency or

3-23  officer or another agency or officer from taking any other action

3-24  or pursuing any other remedy authorized by this chapter or

3-25  another specific statute.

3-26      Sec. 7.  Chapter 623A of NRS is hereby amended by adding

3-27  thereto the provisions set forth as sections 8 to 11, inclusive, of this

3-28  act.

3-29      Sec. 8.  1.  The Attorney General has primary jurisdiction

3-30  for the enforcement of the provisions of this chapter. The Attorney

3-31  General shall, if appropriate, investigate and prosecute a person

3-32  who violates:

3-33      (a) Any provision of this chapter, a regulation adopted

3-34  pursuant to this chapter or an order of the Board; or

3-35      (b) Any other law or regulation if the violation is committed by

3-36  the person in the course of committing a violation described in

3-37  paragraph (a).

3-38      2.  The Attorney General shall, if appropriate, investigate and

3-39  prosecute a person who is alleged to have committed a violation

3-40  described in subsection 1 whether or not:

3-41      (a) The Board notifies the Attorney General of the alleged

3-42  violation;

3-43      (b) The Board takes any disciplinary action against the person

3-44  alleged to have committed the violation;

4-1  (c) Any other person files a complaint against the person

4-2  alleged to have committed the violation; or

4-3  (d) A civil action is commenced against the person alleged to

4-4  have committed the violation.

4-5  3.  When acting pursuant to this section, the Attorney General

4-6  may commence his investigation and file a criminal action without

4-7  leave of court, and the Attorney General has exclusive charge of

4-8  the conduct of the prosecution.

4-9  4.  Except as otherwise provided by the Constitution of the

4-10  United States, the Constitution of this state or a specific statute, a

4-11  person shall, if requested, provide the Attorney General with

4-12  information that would assist in the prosecution of any other

4-13  person who is alleged to have committed a violation described in

4-14  subsection 1. If a person fails, without reasonable cause, to

4-15  provide the Attorney General with such information upon request,

4-16  the person is guilty of a misdemeanor.

4-17      Sec. 9.  1.  The Attorney General may bring any appropriate

4-18  civil action against a person to enforce any provision of this

4-19  chapter, a regulation adopted pursuant to this chapter or an order

4-20  of the Board, including, without limitation, an order of the Board:

4-21      (a) Imposing an administrative fine; or

4-22      (b) Suspending, revoking or placing conditions upon a

4-23  certificate of registration or a certificate to practice as a landscape

4-24  architect intern.

4-25      2.  If the Attorney General prevails in any civil action brought

4-26  pursuant to this chapter, the court shall order the person against

4-27  whom the civil action was brought to pay:

4-28      (a) Court costs; and

4-29      (b) Reasonable costs of the investigation and prosecution of

4-30  the civil action.

4-31      3.  Whether or not the Attorney General brings a civil action

4-32  against a person pursuant to this chapter, the Attorney General

4-33  may prosecute the person for a criminal violation pursuant to this

4-34  chapter.

4-35      Sec. 10.  In addition to any other penalty, if a person is

4-36  convicted of a violation of any provision of this chapter, a

4-37  regulation adopted pursuant to this chapter or an order of the

4-38  Board, the court shall order the person to pay:

4-39      1.  Court costs; and

4-40      2.  Reasonable costs of the investigation and prosecution of

4-41  the violation.

4-42      Sec. 11.  1.  The actions and remedies authorized by this

4-43  chapter are cumulative.

4-44      2.  If an agency or officer elects to take any action or pursue

4-45  any remedy authorized by this chapter or another specific statute,

5-1  that election is not exclusive and does not preclude the agency or

5-2  officer or another agency or officer from taking any other action

5-3  or pursuing any other remedy authorized by this chapter or

5-4  another specific statute.

5-5  Sec. 12.  NRS 623A.280 is hereby amended to read as follows:

5-6  623A.280  1.  The following acts, among others, constitute

5-7  cause for disciplinary action if proof satisfactory to the Board is

5-8  presented that:

5-9  (a) A holder of a certificate of registration has signed or sealed

5-10  instruments of service which were not prepared by him or under his

5-11  direct supervision.

5-12      (b) A holder of a certificate of registration has permitted the use

5-13  of his signature or seal by another person to evade the provisions of

5-14  this chapter or any regulation adopted by the Board.

5-15      (c) A holder of a certificate of registration has not signed, sealed

5-16  or dated instruments of service prepared by him.

5-17      (d) A holder of a certificate of registration or certificate to

5-18  practice as a landscape architect intern impersonates a landscape

5-19  architect or landscape architect intern of the same or similar name.

5-20      (e) A holder of a certificate of registration or certificate to

5-21  practice as a landscape architect intern practices under an assumed,

5-22  fictitious or corporate name.

5-23      (f) A holder of a certificate of registration or certificate to

5-24  practice as a landscape architect intern practices landscape

5-25  architecture in violation of the provisions of this chapter or any

5-26  regulation adopted by the Board.

5-27      (g) A holder of a certificate of registration or certificate to

5-28  practice as a landscape architect intern has obtained his certificate of

5-29  registration or certificate to practice as a landscape architect intern

5-30  by fraud or misrepresentation.

5-31      (h) A holder of a certificate of registration or certificate to

5-32  practice as a landscape architect intern is guilty of fraud or deceit in

5-33  the practice of landscape architecture.

5-34      (i) A holder of a certificate of registration or certificate to

5-35  practice as a landscape architect intern is guilty of incompetency,

5-36  negligence or gross negligence.

5-37      (j) A holder of a certificate of registration or certificate to

5-38  practice as a landscape architect intern is convicted of : [, or enters a

5-39  plea of nolo contendere to:]

5-40          (1) Any felony; or

5-41          (2) Any crime, an essential element of which is dishonesty[,]

5-42  or which is directly related to the practice of landscape architecture.

5-43      (k) A holder of a certificate of registration or certificate to

5-44  practice as a landscape architect intern is guilty of aiding or abetting

6-1  any person in the violation of the provisions of this chapter or any

6-2  regulation adopted by the Board.

6-3  (l) A person practices as a landscape architect with a certificate

6-4  of registration or certificate to practice as a landscape architect

6-5  intern that has expired or has been suspended or revoked.

6-6  (m) A holder of a certificate of registration or certificate to

6-7  practice as a landscape architect intern is disciplined by an agency

6-8  of another state or foreign country which regulates the practice of

6-9  landscape architecture and at least one of the grounds for the

6-10  disciplinary action taken is a ground for disciplinary action pursuant

6-11  to the provisions of this chapter.

6-12      (n) A holder of a certificate of registration or certificate to

6-13  practice as a landscape architect intern fails to comply with an order

6-14  issued by the Board or to cooperate in an investigation conducted by

6-15  the Board.

6-16      2.  As used in this section:

6-17      (a) “Gross negligence” means conduct that demonstrates a

6-18  reckless disregard of the consequences affecting the life or property

6-19  of another person.

6-20      (b) “Incompetency” means conduct that, in the practice of

6-21  landscape architecture, demonstrates a significant lack of ability,

6-22  knowledge or fitness to discharge a professional obligation.

6-23      (c) “Negligence” means a deviation from the normal standard of

6-24  professional care exercised generally by other members in the

6-25  practice of landscape architecture.

6-26      Sec. 13.  Chapter 624 of NRS is hereby amended by adding

6-27  thereto the provisions set forth as sections 14 to 17, inclusive, of this

6-28  act.

6-29      Sec. 14.  1.  The Attorney General has primary jurisdiction

6-30  for the enforcement of the provisions of this chapter. The Attorney

6-31  General shall, if appropriate, investigate and prosecute a person

6-32  who violates:

6-33      (a) Any provision of this chapter, a regulation adopted

6-34  pursuant to this chapter or an order of the Board; or

6-35      (b) Any other law or regulation if the violation is committed by

6-36  the person in the course of committing a violation described in

6-37  paragraph (a).

6-38      2.  The Attorney General shall, if appropriate, investigate and

6-39  prosecute a person who is alleged to have committed a violation

6-40  described in subsection 1 whether or not:

6-41      (a) The Board notifies the Attorney General of the alleged

6-42  violation;

6-43      (b) The Board takes any disciplinary action against the person

6-44  alleged to have committed the violation;

7-1  (c) Any other person files a complaint against the person

7-2  alleged to have committed the violation; or

7-3  (d) A civil action is commenced against the person alleged to

7-4  have committed the violation.

7-5  3.  When acting pursuant to this section, the Attorney General

7-6  may commence his investigation and file a criminal action without

7-7  leave of court, and the Attorney General has exclusive charge of

7-8  the conduct of the prosecution.

7-9  4.  Except as otherwise provided by the Constitution of the

7-10  United States, the Constitution of this state or a specific statute, a

7-11  person shall, if requested, provide the Attorney General with

7-12  information that would assist in the prosecution of any other

7-13  person who is alleged to have committed a violation described in

7-14  subsection 1. If a person fails, without reasonable cause, to

7-15  provide the Attorney General with such information upon request,

7-16  the person is guilty of a misdemeanor and shall be punished as

7-17  provided in NRS 645B.950.

7-18      Sec. 15.  1.  The Attorney General may bring any

7-19  appropriate civil action against a person to enforce any provision

7-20  of this chapter, a regulation adopted pursuant to this chapter or an

7-21  order of the Board, including, without limitation, an order of the

7-22  Board:

7-23      (a) Imposing an administrative fine; or

7-24      (b) Suspending, revoking or placing conditions upon a license.

7-25      2.  If the Attorney General prevails in any civil action brought

7-26  pursuant to this chapter, the court:

7-27      (a) Shall order the person against whom the civil action was

7-28  brought to pay:

7-29          (1) Court costs; and

7-30          (2) Reasonable costs of the investigation and prosecution of

7-31  the civil action.

7-32      (b) May order the person against whom the civil action was

7-33  brought to pay damages he caused as a result of the violation in

7-34  an amount not exceeding his pecuniary gain from the violation.

7-35      3.  Whether or not the Attorney General brings a civil action

7-36  against a person pursuant to this chapter, the Attorney General

7-37  may prosecute the person for a criminal violation pursuant to this

7-38  chapter.

7-39      Sec. 16.  In addition to any other penalty, if a person is

7-40  convicted of a violation of any provision of this chapter, a

7-41  regulation adopted pursuant to this chapter or an order of the

7-42  Board, the court:

7-43      1.  Shall order the person to pay:

7-44      (a) Court costs; and

8-1  (b) Reasonable costs of the investigation and prosecution of

8-2  the violation.

8-3  2.  May order the person to pay damages he caused as a result

8-4  of the violation in an amount not exceeding his pecuniary gain

8-5  from the violation.

8-6  Sec. 17.  1.  The actions and remedies authorized by this

8-7  chapter are cumulative.

8-8  2.  If an agency or officer elects to take any action or pursue

8-9  any remedy authorized by this chapter or another specific statute,

8-10  that election is not exclusive and does not preclude the agency or

8-11  officer or another agency or officer from taking any other action

8-12  or pursuing any other remedy authorized by this chapter or

8-13  another specific statute.

8-14      Sec. 18.  NRS 624.212 is hereby amended to read as follows:

8-15      624.212  1.  The Executive Officer, on behalf of the Board,

8-16  shall issue an order to cease and desist to any person:

8-17      (a) Acting as a contractor; or

8-18      (b) Submitting a bid on a job situated in this state,

8-19  without a license as a contractor issued pursuant to this chapter. The

8-20  order must be served personally or by certified mail and is effective

8-21  upon receipt.

8-22      2.  If it appears that any person has engaged in acts or practices

8-23  which constitute a violation of this chapter or the violation of an

8-24  order issued pursuant to subsection 1, the Board may request the

8-25  Attorney General[, the district attorney of the county in which the

8-26  alleged violation occurred or the district attorney of any other

8-27  county in which that person maintains a place of business or resides]

8-28  to apply on behalf of the Board to the district court for an injunction

8-29  restraining [him] the person from acting in violation of this chapter.

8-30  Upon a proper showing, a temporary restraining order, a preliminary

8-31  injunction or a permanent injunction may be granted. The Board as

8-32  plaintiff in the action is not required to prove any irreparable injury.

8-33      3.  In seeking injunctive relief against any person for an alleged

8-34  violation of NRS 624.700, it is sufficient to allege that the person

8-35  did, upon a certain day[,] and in a certain county of this state:

8-36      (a) Act as a contractor; or

8-37      (b) Submit a bid on a job situated in this state,

8-38  without having a license to do so, without alleging any further or

8-39  more particular facts concerning the matter.

8-40      4.  The issuance of a restraining order or an injunction does not

8-41  relieve the person against whom the restraining order or injunction

8-42  is issued from criminal prosecution for practicing without a license.

8-43      5.  If the court finds that a person willfully violated an order

8-44  issued pursuant to subsection 1, it shall impose a fine of not less

8-45  than $250 nor more than $1,000 for each violation of the order.

9-1  Sec. 19.  NRS 624.265 is hereby amended to read as follows:

9-2  624.265  1.  An applicant for a contractor’s license or a

9-3  licensed contractor , and each officer, director, partner and associate

9-4  thereof , must possess good character. Lack of character may be

9-5  established by showing that the applicant or licensed contractor, or

9-6  any officer, director, partner or associate thereof, has:

9-7  (a) Committed any act which would be grounds for the denial,

9-8  suspension or revocation of a contractor’s license;

9-9  (b) A bad reputation for honesty and integrity;

9-10      (c) [Entered a plea of nolo contendere, guilty or guilty but

9-11  mentally ill to, been found guilty of or been] Been convicted of a

9-12  crime arising out of, in connection with or related to the activities of

9-13  such person in such a manner as to demonstrate his unfitness to act

9-14  as a contractor, and the time for appeal has elapsed or the judgment

9-15  of conviction has been affirmed on appeal; or

9-16      (d) Had a license revoked or suspended for reasons that would

9-17  preclude the granting or renewal of a license for which the

9-18  application has been made.

9-19      2.  Upon the request of the Board, an applicant for a

9-20  contractor’s license, and any officer, director, partner or associate of

9-21  the applicant, must submit to the Board completed fingerprint cards

9-22  and a form authorizing an investigation of the applicant’s

9-23  background and the submission of his fingerprints to the Central

9-24  Repository for Nevada Records of Criminal History and the Federal

9-25  Bureau of Investigation. The fingerprint cards and authorization

9-26  form submitted must be those that are provided to the applicant by

9-27  the Board. The applicant’s fingerprints may be taken by an agent of

9-28  the Board or an agency of law enforcement.

9-29      3.  The Board shall keep the results of the investigation

9-30  confidential and not subject to inspection by the general public.

9-31      4.  The Board shall establish by regulation the fee for

9-32  processing the fingerprints to be paid by the applicant. The fee must

9-33  not exceed the sum of the amounts charged by the Central

9-34  Repository for Nevada Records of Criminal History and the Federal

9-35  Bureau of Investigation for processing the fingerprints.

9-36      5.  The Board may obtain records of a law enforcement agency

9-37  or any other agency that maintains records of criminal history,

9-38  including, without limitation, records of:

9-39      (a) Arrests;

9-40      (b) Guilty pleas;

9-41      (c) Sentencing;

9-42      (d) Probation;

9-43      (e) Parole;

9-44      (f) Bail;

9-45      (g) Complaints; and

10-1      (h) Final dispositions,

10-2  for the investigation of a licensee or an applicant for a contractor’s

10-3  license.

10-4      Sec. 20.  NRS 624.700 is hereby amended to read as follows:

10-5      624.700  1.  It is unlawful for any person or combination of

10-6  persons to:

10-7      (a) Engage in the business or act in the capacity of a contractor

10-8  within this state; or

10-9      (b) Submit a bid on a job situated within this state,

10-10  without having an active license therefor as provided in this chapter,

10-11  unless that person or combination of persons is exempted from

10-12  licensure pursuant to NRS 624.031.

10-13     2.  [The district attorneys in this state shall prosecute all

10-14  violations of this section which occur in their respective counties,

10-15  unless the violations are prosecuted by the Attorney General. Upon

10-16  the request of the Board, the Attorney General shall prosecute any

10-17  violation of this section in lieu of prosecution by the district

10-18  attorney.

10-19     3.  In addition to any other penalty imposed pursuant to this

10-20  chapter, a person who is convicted of violating subsection 1 may be

10-21  required to pay:

10-22     (a) Court costs and the costs of prosecution;

10-23     (b) Reasonable costs of the investigation of the violation to the

10-24  Board;

10-25     (c) Damages he caused as a result of the violation up to the

10-26  amount of his pecuniary gain from the violation; or

10-27     (d) Any combination of paragraphs (a), (b) and (c).

10-28     4.] If a person submits a bid or enters into a contract in

10-29  violation of subsection 1, the bid or contract shall be deemed void

10-30  ab initio.

10-31     Sec. 21.  Chapter 625 of NRS is hereby amended by adding

10-32  thereto the provisions set forth as sections 22 to 25, inclusive, of this

10-33  act.

10-34     Sec. 22.  1.  The Attorney General has primary jurisdiction

10-35  for the enforcement of the provisions of this chapter. The Attorney

10-36  General shall, if appropriate, investigate and prosecute a person

10-37  who violates:

10-38     (a) Any provision of this chapter, a regulation adopted

10-39  pursuant to this chapter or an order of the Board; or

10-40     (b) Any other law or regulation if the violation is committed by

10-41  the person in the course of committing a violation described in

10-42  paragraph (a).

10-43     2.  The Attorney General shall, if appropriate, investigate and

10-44  prosecute a person who is alleged to have committed a violation

10-45  described in subsection 1 whether or not:

11-1      (a) The Board notifies the Attorney General of the alleged

11-2  violation;

11-3      (b) The Board takes any disciplinary action against the person

11-4  alleged to have committed the violation;

11-5      (c) Any other person files a complaint against the person

11-6  alleged to have committed the violation; or

11-7      (d) A civil action is commenced against the person alleged to

11-8  have committed the violation.

11-9      3.  When acting pursuant to this section, the Attorney General

11-10  may commence his investigation and file a criminal action without

11-11  leave of court, and the Attorney General has exclusive charge of

11-12  the conduct of the prosecution.

11-13     4.  Except as otherwise provided by the Constitution of the

11-14  United States, the Constitution of this state or a specific statute, a

11-15  person shall, if requested, provide the Attorney General with

11-16  information that would assist in the prosecution of any other

11-17  person who is alleged to have committed a violation described in

11-18  subsection 1. If a person fails, without reasonable cause, to

11-19  provide the Attorney General with such information upon request,

11-20  the person is guilty of a misdemeanor.

11-21     Sec. 23. 1.  The Attorney General may bring any

11-22  appropriate civil action against a person to enforce any provision

11-23  of this chapter, a regulation adopted pursuant to this chapter or an

11-24  order of the Board, including, without limitation, an order of the

11-25  Board:

11-26     (a) Imposing an administrative fine; or

11-27     (b) Suspending, revoking or placing conditions upon a license

11-28  or certificate.

11-29     2.  If the Attorney General prevails in any civil action brought

11-30  pursuant to this chapter, the court shall order the person against

11-31  whom the civil action was brought to pay:

11-32     (a) Court costs; and

11-33     (b) Reasonable costs of the investigation and prosecution of

11-34  the civil action.

11-35     3.  Whether or not the Attorney General brings a civil action

11-36  against a person pursuant to this chapter, the Attorney General

11-37  may prosecute the person for a criminal violation pursuant to this

11-38  chapter.

11-39     Sec. 24.  In addition to any other penalty, if a person is

11-40  convicted of a violation of any provision of this chapter, a

11-41  regulation adopted pursuant to this chapter or an order of the

11-42  Board, the court shall order the person to pay:

11-43     1.  Court costs; and

11-44     2.  Reasonable costs of the investigation and prosecution of

11-45  the violation.

12-1      Sec. 25.  1.  The actions and remedies authorized by this

12-2  chapter are cumulative.

12-3      2.  If an agency or officer elects to take any action or pursue

12-4  any remedy authorized by this chapter or another specific statute,

12-5  that election is not exclusive and does not preclude the agency or

12-6  officer or another agency or officer from taking any other action

12-7  or pursuing any other remedy authorized by this chapter or

12-8  another specific statute.

12-9      Sec. 26.  NRS 625.410 is hereby amended to read as follows:

12-10     625.410  The Board may take disciplinary action against a

12-11  licensee, an applicant for licensure, an intern or an applicant for

12-12  certification as an intern for:

12-13     1.  The practice of any fraud or deceit in obtaining or

12-14  attempting to obtain or renew a license or cheating on any

12-15  examination required by this chapter.

12-16     2.  Any gross negligence, incompetency or misconduct in the

12-17  practice of professional engineering as a professional engineer or in

12-18  the practice of land surveying as a professional land surveyor.

12-19     3.  Aiding or abetting any person in the violation of any

12-20  provision of this chapter or regulation adopted by the Board.

12-21     4.  Conviction of : [or entry of a plea of nolo contendere to:]

12-22     (a) Any felony; or

12-23     (b) Any crime, an essential element of which is dishonesty[,] or

12-24  which is directly related to the practice of engineering or land

12-25  surveying.

12-26     5.  A violation of any provision of this chapter or regulation

12-27  adopted by the Board.

12-28     6.  Discipline by another state or territory, the District of

12-29  Columbia, a foreign country, the Federal Government or any other

12-30  governmental agency, if at least one of the grounds for discipline is

12-31  the same or substantially equivalent to any ground contained in this

12-32  chapter.

12-33     7.  Practicing after the license of the professional engineer or

12-34  professional land surveyor has expired or has been suspended or

12-35  revoked.

12-36     8.  Failing to comply with an order issued by the Board.

12-37     9.  Failing to provide requested information within 30 days after

12-38  receipt of a request by the Board or its investigators concerning a

12-39  complaint made to the Board.

12-40     Sec. 27.  Chapter 625A of NRS is hereby amended by adding

12-41  thereto the provisions set forth as sections 28 to 31, inclusive, of this

12-42  act.

12-43     Sec. 28.  1.  The Attorney General has primary jurisdiction

12-44  for the enforcement of the provisions of this chapter. The Attorney

13-1  General shall, if appropriate, investigate and prosecute a person

13-2  who violates:

13-3      (a) Any provision of this chapter, a regulation adopted

13-4  pursuant to this chapter or an order of the Board; or

13-5      (b) Any other law or regulation if the violation is committed by

13-6  the person in the course of committing a violation described in

13-7  paragraph (a).

13-8      2.  The Attorney General shall, if appropriate, investigate and

13-9  prosecute a person who is alleged to have committed a violation

13-10  described in subsection 1 whether or not:

13-11     (a) The Board notifies the Attorney General of the alleged

13-12  violation;

13-13     (b) The Board takes any disciplinary action against the person

13-14  alleged to have committed the violation;

13-15     (c) Any other person files a complaint against the person

13-16  alleged to have committed the violation; or

13-17     (d) A civil action is commenced against the person alleged to

13-18  have committed the violation.

13-19     3.  When acting pursuant to this section, the Attorney General

13-20  may commence his investigation and file a criminal action without

13-21  leave of court, and the Attorney General has exclusive charge of

13-22  the conduct of the prosecution.

13-23     4.  Except as otherwise provided by the Constitution of the

13-24  United States, the Constitution of this state or a specific statute, a

13-25  person shall, if requested, provide the Attorney General with

13-26  information that would assist in the prosecution of any other

13-27  person who is alleged to have committed a violation described in

13-28  subsection 1. If a person fails, without reasonable cause, to

13-29  provide the Attorney General with such information upon request,

13-30  the person is guilty of a misdemeanor.

13-31     Sec. 29.  1.  The Attorney General may bring any

13-32  appropriate civil action against a person to enforce any provision

13-33  of this chapter, a regulation adopted pursuant to this chapter or an

13-34  order of the Board, including, without limitation, an order of the

13-35  Board:

13-36     (a) Imposing an administrative fine; or

13-37     (b) Suspending, revoking or placing conditions upon a

13-38  certificate of registration.

13-39     2.  If the Attorney General prevails in any civil action brought

13-40  pursuant to this chapter, the court shall order the person against

13-41  whom the civil action was brought to pay:

13-42     (a) Court costs; and

13-43     (b) Reasonable costs of the investigation and prosecution of

13-44  the civil action.

14-1      3.  Whether or not the Attorney General brings a civil action

14-2  against a person pursuant to this chapter, the Attorney General

14-3  may prosecute the person for a criminal violation pursuant to this

14-4  chapter.

14-5      Sec. 30.  In addition to any other penalty, if a person is

14-6  convicted of a violation of any provision of this chapter, a

14-7  regulation adopted pursuant to this chapter or an order of the

14-8  Board, the court shall order the person to pay:

14-9      1.  Court costs; and

14-10     2.  Reasonable costs of the investigation and prosecution of

14-11  the violation.

14-12     Sec. 31.  1.  The actions and remedies authorized by this

14-13  chapter are cumulative.

14-14     2.  If an agency or officer elects to take any action or pursue

14-15  any remedy authorized by this chapter or another specific statute,

14-16  that election is not exclusive and does not preclude the agency or

14-17  officer or another agency or officer from taking any other action

14-18  or pursuing any other remedy authorized by this chapter or

14-19  another specific statute.

14-20     Sec. 32.  Chapter 628 of NRS is hereby amended by adding

14-21  thereto the provisions set forth as sections 33 to 36, inclusive, of this

14-22  act.

14-23     Sec. 33.  1.  The Attorney General has primary jurisdiction

14-24  for the enforcement of the provisions of this chapter. The Attorney

14-25  General shall, if appropriate, investigate and prosecute a person

14-26  who violates:

14-27     (a) Any provision of this chapter, a regulation adopted

14-28  pursuant to this chapter or an order of the Board; or

14-29     (b) Any other law or regulation if the violation is committed by

14-30  the person in the course of committing a violation described in

14-31  paragraph (a).

14-32     2.  The Attorney General shall, if appropriate, investigate and

14-33  prosecute a person who is alleged to have committed a violation

14-34  described in subsection 1 whether or not:

14-35     (a) The Board notifies the Attorney General of the alleged

14-36  violation;

14-37     (b) The Board takes any disciplinary action against the person

14-38  alleged to have committed the violation;

14-39     (c) Any other person files a complaint against the person

14-40  alleged to have committed the violation; or

14-41     (d) A civil action is commenced against the person alleged to

14-42  have committed the violation.

14-43     3.  When acting pursuant to this section, the Attorney General

14-44  may commence his investigation and file a criminal action without

15-1  leave of court, and the Attorney General has exclusive charge of

15-2  the conduct of the prosecution.

15-3      4.  Except as otherwise provided by the Constitution of the

15-4  United States, the Constitution of this state or a specific statute, a

15-5  person shall, if requested, provide the Attorney General with

15-6  information that would assist in the prosecution of any other

15-7  person who is alleged to have committed a violation described in

15-8  subsection 1. If a person fails, without reasonable cause, to

15-9  provide the Attorney General with such information upon request,

15-10  the person is guilty of a misdemeanor.

15-11     Sec. 34.  1.  The Attorney General may bring any

15-12  appropriate civil action against a person to enforce any provision

15-13  of this chapter, a regulation adopted pursuant to this chapter or an

15-14  order of the Board, including, without limitation, an order of the

15-15  Board:

15-16     (a) Imposing an administrative fine; or

15-17     (b) Suspending, revoking or placing conditions upon a license,

15-18  certificate, registration or permit.

15-19     2.  If the Attorney General prevails in any civil action brought

15-20  pursuant to this chapter, the court shall order the person against

15-21  whom the civil action was brought to pay:

15-22     (a) Court costs; and

15-23     (b) Reasonable costs of the investigation and prosecution of

15-24  the civil action.

15-25     3.  Whether or not the Attorney General brings a civil action

15-26  against a person pursuant to this chapter, the Attorney General

15-27  may prosecute the person for a criminal violation pursuant to this

15-28  chapter.

15-29     Sec. 35.  In addition to any other penalty, if a person is

15-30  convicted of a violation of any provision of this chapter, a

15-31  regulation adopted pursuant to this chapter or an order of the

15-32  Board, the court shall order the person to pay:

15-33     1.  Court costs; and

15-34     2.  Reasonable costs of the investigation and prosecution of

15-35  the violation.

15-36     Sec. 36.  1.  The actions and remedies authorized by this

15-37  chapter are cumulative.

15-38     2.  If an agency or officer elects to take any action or pursue

15-39  any remedy authorized by this chapter or another specific statute,

15-40  that election is not exclusive and does not preclude the agency or

15-41  officer or another agency or officer from taking any other action

15-42  or pursuing any other remedy authorized by this chapter or

15-43  another specific statute.

 

 

16-1      Sec. 37.  NRS 628.560 is hereby amended to read as follows:

16-2      628.560  1.  The display or uttering by a person of a card, sign,

16-3  advertisement or other printed, engraved or written instrument or

16-4  device, bearing a person’s name in conjunction with the words

16-5  “certified public accountant” or any abbreviation thereof, or “public

16-6  accountant” or any abbreviation thereof, [shall be] is prima facie

16-7  evidence in any action brought [under NRS 628.570 or 628.580]

16-8  pursuant to this chapter that the person whose name is so displayed

16-9  caused or procured the display or uttering of [such] the card, sign,

16-10  advertisement or other printed, engraved or written instrument or

16-11  device, and that [such] the person is holding himself out to be a

16-12  certified public accountant or a public accountant holding a permit

16-13  to practice under NRS 628.380.

16-14     2.  In any such action , evidence of the commission of a single

16-15  act prohibited by this chapter [shall be] is sufficient to justify an

16-16  injunction or a conviction without evidence of a general course of

16-17  conduct.

16-18     Sec. 38.  NRS 628.580 is hereby amended to read as follows:

16-19     628.580  [1.]  Any person who violates any provision of NRS

16-20  628.450 to 628.550, inclusive, is guilty of a misdemeanor.

16-21     [2.  Whenever the Board has reason to believe that any person

16-22  is liable to punishment under this section it may certify the facts to

16-23  the Attorney General or other appropriate enforcement officer, who

16-24  may, in his discretion, cause appropriate proceedings to be brought.]

16-25     Sec. 39.  Chapter 630 of NRS is hereby amended by adding

16-26  thereto the provisions set forth as sections 40 to 43, inclusive, of this

16-27  act.

16-28     Sec. 40.  1.  The Attorney General has primary jurisdiction

16-29  for the enforcement of the provisions of this chapter. The Attorney

16-30  General shall, if appropriate, investigate and prosecute a person

16-31  who violates:

16-32     (a) Any provision of this chapter, a regulation adopted

16-33  pursuant to this chapter or an order of the Board; or

16-34     (b) Any other law or regulation if the violation is committed by

16-35  the person in the course of committing a violation described in

16-36  paragraph (a).

16-37     2.  The Attorney General shall, if appropriate, investigate and

16-38  prosecute a person who is alleged to have committed a violation

16-39  described in subsection 1 whether or not:

16-40     (a) The Board notifies the Attorney General of the alleged

16-41  violation;

16-42     (b) The Board takes any disciplinary action against the person

16-43  alleged to have committed the violation;

16-44     (c) Any other person files a complaint against the person

16-45  alleged to have committed the violation; or

17-1      (d) A civil action is commenced against the person alleged to

17-2  have committed the violation.

17-3      3.  When acting pursuant to this section, the Attorney General

17-4  may commence his investigation and file a criminal action without

17-5  leave of court, and the Attorney General has exclusive charge of

17-6  the conduct of the prosecution.

17-7      4.  Except as otherwise provided by the Constitution of the

17-8  United States, the Constitution of this state or a specific statute, a

17-9  person shall, if requested, provide the Attorney General with

17-10  information that would assist in the prosecution of any other

17-11  person who is alleged to have committed a violation described in

17-12  subsection 1. If a person fails, without reasonable cause, to

17-13  provide the Attorney General with such information upon request,

17-14  the person is guilty of a misdemeanor.

17-15     Sec. 41.  1.  The Attorney General may bring any

17-16  appropriate civil action against a person to enforce any provision

17-17  of this chapter, a regulation adopted pursuant to this chapter or an

17-18  order of the Board, including, without limitation, an order of the

17-19  Board:

17-20     (a) Imposing an administrative fine; or

17-21     (b) Suspending, revoking or placing conditions upon a license.

17-22     2.  If the Attorney General prevails in any civil action brought

17-23  pursuant to this chapter, the court shall order the person against

17-24  whom the civil action was brought to pay:

17-25     (a) Court costs; and

17-26     (b) Reasonable costs of the investigation and prosecution of

17-27  the civil action.

17-28     3.  Whether or not the Attorney General brings a civil action

17-29  against a person pursuant to this chapter, the Attorney General

17-30  may prosecute the person for a criminal violation pursuant to this

17-31  chapter.

17-32     Sec. 42.  In addition to any other penalty, if a person is

17-33  convicted of a violation of any provision of this chapter, a

17-34  regulation adopted pursuant to this chapter or an order of the

17-35  Board, the court shall order the person to pay:

17-36     1.  Court costs; and

17-37     2.  Reasonable costs of the investigation and prosecution of

17-38  the violation.

17-39     Sec. 43.  1.  The actions and remedies authorized by this

17-40  chapter are cumulative.

17-41     2.  If an agency or officer elects to take any action or pursue

17-42  any remedy authorized by this chapter or another specific statute,

17-43  that election is not exclusive and does not preclude the agency or

17-44  officer or another agency or officer from taking any other action

18-1  or pursuing any other remedy authorized by this chapter or

18-2  another specific statute.

18-3      Sec. 44.  NRS 630.301 is hereby amended to read as follows:

18-4      630.301  The following acts, among others, constitute grounds

18-5  for initiating disciplinary action or denying licensure:

18-6      1.  Conviction of a felony, any offense involving moral

18-7  turpitude or any offense relating to the practice of medicine or the

18-8  ability to practice medicine. [A plea of nolo contendere is a

18-9  conviction for the purposes of this subsection.]

18-10     2.  Conviction of violating any of the provisions of NRS

18-11  616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350

18-12  to 616D.440, inclusive.

18-13     3.  The revocation, suspension, modification or limitation of the

18-14  license to practice any type of medicine by any other jurisdiction or

18-15  the surrender of the license or discontinuing the practice of medicine

18-16  while under investigation by any licensing authority, a medical

18-17  facility, a branch of the Armed Services of the United States, an

18-18  insurance company, an agency of the Federal Government or an

18-19  employer.

18-20     4.  Malpractice, which may be evidenced by claims settled

18-21  against a practitioner.

18-22     5.  The engaging by a practitioner in any sexual activity with a

18-23  patient who is [currently] being treated by the practitioner.

18-24     6.  Disruptive behavior with physicians, hospital personnel,

18-25  patients, members of the families of patients or any other persons if

18-26  the behavior interferes with patient care or has an adverse impact on

18-27  the quality of care rendered to a patient.

18-28     7.  The engaging in conduct that violates the trust of a patient

18-29  and exploits the relationship between the physician and the patient

18-30  for financial or other personal gain.

18-31     8.  The failure to offer appropriate procedures or studies, to

18-32  protest inappropriate denials by organizations for managed care, to

18-33  provide necessary services or to refer a patient to an appropriate

18-34  provider, when such a failure occurs with the intent of positively

18-35  influencing the financial well-being of the practitioner or an insurer.

18-36     9.  The engaging in conduct that brings the medical profession

18-37  into disrepute, including, without limitation, conduct that violates

18-38  any provision of a national code of ethics adopted by the Board by

18-39  regulation.

18-40     10.  The engaging in sexual contact with the surrogate of a

18-41  patient or other key persons related to a patient, including, without

18-42  limitation, a spouse, parent or legal guardian, which exploits the

18-43  relationship between the physician and the patient in a sexual

18-44  manner.

 

19-1      Sec. 45.  NRS 630.346 is hereby amended to read as follows:

19-2      630.346  In any disciplinary hearing:

19-3      1.  The Board, a panel of the members of the Board and a

19-4  hearing officer are not bound by formal rules of evidence and a

19-5  witness must not be barred from testifying solely because he was or

19-6  is incompetent.

19-7      2.  Proof of actual injury need not be established.

19-8      3.  A certified copy of the record of a court or a licensing

19-9  agency showing a conviction [or plea of nolo contendere] or the

19-10  suspension, revocation, limitation, modification, denial or surrender

19-11  of a license to practice medicine or respiratory care is conclusive

19-12  evidence of its occurrence.

19-13     Sec. 46.  Chapter 630A of NRS is hereby amended by adding

19-14  thereto the provisions set forth as sections 47 to 50, inclusive, of this

19-15  act.

19-16     Sec. 47.  1.  The Attorney General has primary jurisdiction

19-17  for the enforcement of the provisions of this chapter. The Attorney

19-18  General shall, if appropriate, investigate and prosecute a person

19-19  who violates:

19-20     (a) Any provision of this chapter, a regulation adopted

19-21  pursuant to this chapter or an order of the Board; or

19-22     (b) Any other law or regulation if the violation is committed by

19-23  the person in the course of committing a violation described in

19-24  paragraph (a).

19-25     2.  The Attorney General shall, if appropriate, investigate and

19-26  prosecute a person who is alleged to have committed a violation

19-27  described in subsection 1 whether or not:

19-28     (a) The Board notifies the Attorney General of the alleged

19-29  violation;

19-30     (b) The Board takes any disciplinary action against the person

19-31  alleged to have committed the violation;

19-32     (c) Any other person files a complaint against the person

19-33  alleged to have committed the violation; or

19-34     (d) A civil action is commenced against the person alleged to

19-35  have committed the violation.

19-36     3.  When acting pursuant to this section, the Attorney General

19-37  may commence his investigation and file a criminal action without

19-38  leave of court, and the Attorney General has exclusive charge of

19-39  the conduct of the prosecution.

19-40     4.  Except as otherwise provided by the Constitution of the

19-41  United States, the Constitution of this state or a specific statute, a

19-42  person shall, if requested, provide the Attorney General with

19-43  information that would assist in the prosecution of any other

19-44  person who is alleged to have committed a violation described in

19-45  subsection 1. If a person fails, without reasonable cause, to

20-1  provide the Attorney General with such information upon request,

20-2  the person is guilty of a misdemeanor.

20-3      Sec. 48.  1.  The Attorney General may bring any

20-4  appropriate civil action against a person to enforce any provision

20-5  of this chapter, a regulation adopted pursuant to this chapter or an

20-6  order of the Board, including, without limitation, an order of the

20-7  Board:

20-8      (a) Imposing an administrative fine; or

20-9      (b) Suspending, revoking or placing conditions upon a license

20-10  or certificate.

20-11     2.  If the Attorney General prevails in any civil action brought

20-12  pursuant to this chapter, the court shall order the person against

20-13  whom the civil action was brought to pay:

20-14     (a) Court costs; and

20-15     (b) Reasonable costs of the investigation and prosecution of

20-16  the civil action.

20-17     3.  Whether or not the Attorney General brings a civil action

20-18  against a person pursuant to this chapter, the Attorney General

20-19  may prosecute the person for a criminal violation pursuant to this

20-20  chapter.

20-21     Sec. 49.  In addition to any other penalty, if a person is

20-22  convicted of a violation of any provision of this chapter, a

20-23  regulation adopted pursuant to this chapter or an order of the

20-24  Board, the court shall order the person to pay:

20-25     1.  Court costs; and

20-26     2.  Reasonable costs of the investigation and prosecution of

20-27  the violation.

20-28     Sec. 50.  1.  The actions and remedies authorized by this

20-29  chapter are cumulative.

20-30     2.  If an agency or officer elects to take any action or pursue

20-31  any remedy authorized by this chapter or another specific statute,

20-32  that election is not exclusive and does not preclude the agency or

20-33  officer or another agency or officer from taking any other action

20-34  or pursuing any other remedy authorized by this chapter or

20-35  another specific statute.

20-36     Sec. 51.  NRS 630A.340 is hereby amended to read as follows:

20-37     630A.340  The following acts, among others, constitute

20-38  grounds for initiating disciplinary action or denying the issuance of

20-39  a license:

20-40     1.  Unprofessional conduct.

20-41     2.  Conviction of:

20-42     (a) A violation of any federal or state law regulating the

20-43  possession, distribution or use of any controlled substance or any

20-44  dangerous drug as defined in chapter 454 of NRS;

20-45     (b) A felony;

21-1      (c) A violation of any of the provisions of NRS 616D.200,

21-2  616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to

21-3  616D.440, inclusive;

21-4      (d) Any offense involving moral turpitude; or

21-5      (e) Any offense relating to the practice of homeopathic medicine

21-6  or the ability to practice homeopathic medicine.

21-7  [A plea of nolo contendere to any offense listed in paragraph (a),

21-8  (b), (c), (d) or (e) shall be deemed a conviction.]

21-9      3.  The suspension, modification or limitation of a license to

21-10  practice any type of medicine by any other jurisdiction.

21-11     4.  The surrender of a license to practice any type of medicine

21-12  or the discontinuance of the practice of medicine while under

21-13  investigation by any licensing authority, medical facility, facility for

21-14  the dependent, branch of the Armed Forces of the United States,

21-15  insurance company, agency of the Federal Government or employer.

21-16     5.  Gross or repeated malpractice, which may be evidenced by

21-17  claims of malpractice settled against a practitioner.

21-18     6.  Professional incompetence.

21-19     Sec. 52.  NRS 630A.500 is hereby amended to read as follows:

21-20     630A.500  In any disciplinary hearing:

21-21     1.  The Board, a panel of the members of the Board or a hearing

21-22  officer is not bound by formal rules of evidence.

21-23     2.  Proof of actual injury need not be established.

21-24     3.  A certified copy of the record of a court or a licensing

21-25  agency showing a conviction [or plea of nolo contendere] or the

21-26  suspension, revocation, limitation, modification, denial or surrender

21-27  of a license to practice homeopathic medicine is conclusive

21-28  evidence of its occurrence.

21-29     Sec. 53.  NRS 630A.550 is hereby amended to read as follows:

21-30     630A.550  The filing and review of a complaint, its dismissal

21-31  without further action or its transmittal to the Attorney General, and

21-32  any subsequent disposition by the Board, the Attorney General or

21-33  any reviewing court , do not preclude:

21-34     1.  Any measure by a hospital or other institution or medical

21-35  society to limit or terminate the privileges of a homeopathic

21-36  physician, advanced practitioner of homeopathy or homeopathic

21-37  assistant according to its rules or the custom of the profession. No

21-38  civil liability attaches to any such action taken without malice even

21-39  if the ultimate disposition of the complaint is in favor of the

21-40  homeopathic physician, advanced practitioner of homeopathy or

21-41  homeopathic assistant.

21-42     2.  Any appropriate criminal prosecution [by the Attorney

21-43  General or a district attorney] based upon the same or other facts.

22-1      Sec. 54.  Chapter 631 of NRS is hereby amended by adding

22-2  thereto the provisions set forth as sections 55 to 58, inclusive, of this

22-3  act.

22-4      Sec. 55.  1.  The Attorney General has primary jurisdiction

22-5  for the enforcement of the provisions of this chapter. The Attorney

22-6  General shall, if appropriate, investigate and prosecute a person

22-7  who violates:

22-8      (a) Any provision of this chapter, a regulation adopted

22-9  pursuant to this chapter or an order of the Board; or

22-10     (b) Any other law or regulation if the violation is committed by

22-11  the person in the course of committing a violation described in

22-12  paragraph (a).

22-13     2.  The Attorney General shall, if appropriate, investigate and

22-14  prosecute a person who is alleged to have committed a violation

22-15  described in subsection 1 whether or not:

22-16     (a) The Board notifies the Attorney General of the alleged

22-17  violation;

22-18     (b) The Board takes any disciplinary action against the person

22-19  alleged to have committed the violation;

22-20     (c) Any other person files a complaint against the person

22-21  alleged to have committed the violation; or

22-22     (d) A civil action is commenced against the person alleged to

22-23  have committed the violation.

22-24     3.  When acting pursuant to this section, the Attorney General

22-25  may commence his investigation and file a criminal action without

22-26  leave of court, and the Attorney General has exclusive charge of

22-27  the conduct of the prosecution.

22-28     4.  Except as otherwise provided by the Constitution of the

22-29  United States, the Constitution of this state or a specific statute, a

22-30  person shall, if requested, provide the Attorney General with

22-31  information that would assist in the prosecution of any other

22-32  person who is alleged to have committed a violation described in

22-33  subsection 1. If a person fails, without reasonable cause, to

22-34  provide the Attorney General with such information upon request,

22-35  the person is guilty of a misdemeanor.

22-36     Sec. 56.  1.  The Attorney General may bring any

22-37  appropriate civil action against a person to enforce any provision

22-38  of this chapter, a regulation adopted pursuant to this chapter or an

22-39  order of the Board, including, without limitation, an order of the

22-40  Board:

22-41     (a) Imposing an administrative fine; or

22-42     (b) Suspending, revoking or placing conditions upon a license,

22-43  renewal certificate or permit.

23-1      2.  If the Attorney General prevails in any civil action brought

23-2  pursuant to this chapter, the court shall order the person against

23-3  whom the civil action was brought to pay:

23-4      (a) Court costs; and

23-5      (b) Reasonable costs of the investigation and prosecution of

23-6  the civil action.

23-7      3.  Whether or not the Attorney General brings a civil action

23-8  against a person pursuant to this chapter, the Attorney General

23-9  may prosecute the person for a criminal violation pursuant to this

23-10  chapter.

23-11     Sec. 57.  In addition to any other penalty, if a person is

23-12  convicted of a violation of any provision of this chapter, a

23-13  regulation adopted pursuant to this chapter or an order of the

23-14  Board, the court shall order the person to pay:

23-15     1.  Court costs; and

23-16     2.  Reasonable costs of the investigation and prosecution of

23-17  the violation.

23-18     Sec. 58.  1.  The actions and remedies authorized by this

23-19  chapter are cumulative.

23-20     2.  If an agency or officer elects to take any action or pursue

23-21  any remedy authorized by this chapter or another specific statute,

23-22  that election is not exclusive and does not preclude the agency or

23-23  officer or another agency or officer from taking any other action

23-24  or pursuing any other remedy authorized by this chapter or

23-25  another specific statute.

23-26     Sec. 59.  Chapter 632 of NRS is hereby amended by adding

23-27  thereto the provisions set forth as sections 60 to 63, inclusive, of this

23-28  act.

23-29     Sec. 60.  1.  The Attorney General has primary jurisdiction

23-30  for the enforcement of the provisions of this chapter. The Attorney

23-31  General shall, if appropriate, investigate and prosecute a person

23-32  who violates:

23-33     (a) Any provision of this chapter, a regulation adopted

23-34  pursuant to this chapter or an order of the Board; or

23-35     (b) Any other law or regulation if the violation is committed by

23-36  the person in the course of committing a violation described in

23-37  paragraph (a).

23-38     2.  The Attorney General shall, if appropriate, investigate and

23-39  prosecute a person who is alleged to have committed a violation

23-40  described in subsection 1 whether or not:

23-41     (a) The Board notifies the Attorney General of the alleged

23-42  violation;

23-43     (b) The Board takes any disciplinary action against the person

23-44  alleged to have committed the violation;

24-1      (c) Any other person files a complaint against the person

24-2  alleged to have committed the violation; or

24-3      (d) A civil action is commenced against the person alleged to

24-4  have committed the violation.

24-5      3.  When acting pursuant to this section, the Attorney General

24-6  may commence his investigation and file a criminal action without

24-7  leave of court, and the Attorney General has exclusive charge of

24-8  the conduct of the prosecution.

24-9      4.  Except as otherwise provided by the Constitution of the

24-10  United States, the Constitution of this state or a specific statute, a

24-11  person shall, if requested, provide the Attorney General with

24-12  information that would assist in the prosecution of any other

24-13  person who is alleged to have committed a violation described in

24-14  subsection 1. If a person fails, without reasonable cause, to

24-15  provide the Attorney General with such information upon request,

24-16  the person is guilty of a misdemeanor.

24-17     Sec. 61.  1.  The Attorney General may bring any

24-18  appropriate civil action against a person to enforce any provision

24-19  of this chapter, a regulation adopted pursuant to this chapter or an

24-20  order of the Board, including, without limitation, an order of the

24-21  Board:

24-22     (a) Imposing an administrative fine; or

24-23     (b) Suspending, revoking or placing conditions upon a license

24-24  or certificate.

24-25     2.  If the Attorney General prevails in any civil action brought

24-26  pursuant to this chapter, the court shall order the person against

24-27  whom the civil action was brought to pay:

24-28     (a) Court costs; and

24-29     (b) Reasonable costs of the investigation and prosecution of

24-30  the civil action.

24-31     3.  Whether or not the Attorney General brings a civil action

24-32  against a person pursuant to this chapter, the Attorney General

24-33  may prosecute the person for a criminal violation pursuant to this

24-34  chapter.

24-35     Sec. 62.  In addition to any other penalty, if a person is

24-36  convicted of a violation of any provision of this chapter, a

24-37  regulation adopted pursuant to this chapter or an order of the

24-38  Board, the court shall order the person to pay:

24-39     1.  Court costs; and

24-40     2.  Reasonable costs of the investigation and prosecution of

24-41  the violation.

24-42     Sec. 63.  1.  The actions and remedies authorized by this

24-43  chapter are cumulative.

24-44     2.  If an agency or officer elects to take any action or pursue

24-45  any remedy authorized by this chapter or another specific statute,

25-1  that election is not exclusive and does not preclude the agency or

25-2  officer or another agency or officer from taking any other action

25-3  or pursuing any other remedy authorized by this chapter or

25-4  another specific statute.

25-5      Sec. 64.  NRS 632.320 is hereby amended to read as follows:

25-6      632.320  The Board may deny, revoke or suspend any license

25-7  or certificate applied for or issued pursuant to this chapter, or take

25-8  other disciplinary action against a licensee or holder of a certificate,

25-9  upon determining that he:

25-10     1.  Is guilty of fraud or deceit in procuring or attempting to

25-11  procure a license or certificate pursuant to this chapter.

25-12     2.  Is guilty of a felony or any offense:

25-13     (a) Involving moral turpitude; or

25-14     (b) Related to the qualifications, functions or duties of a licensee

25-15  or holder of a certificate,

25-16  in which case the record of conviction is conclusive evidence

25-17  thereof.

25-18     3.  Has been convicted of violating any of the provisions of

25-19  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

25-20  inclusive.

25-21     4.  Is unfit or incompetent by reason of gross negligence or

25-22  recklessness in carrying out usual nursing functions.

25-23     5.  Uses any controlled substance, dangerous drug as defined in

25-24  chapter 454 of NRS, or intoxicating liquor to an extent or in a

25-25  manner which is dangerous or injurious to any other person or

25-26  which impairs his ability to conduct the practice authorized by his

25-27  license or certificate.

25-28     6.  Is mentally incompetent.

25-29     7.  Is guilty of unprofessional conduct, which includes, but is

25-30  not limited to, the following:

25-31     (a) Conviction of practicing medicine without a license in

25-32  violation of chapter 630 of NRS, in which case the record of

25-33  conviction is conclusive evidence thereof.

25-34     (b) Impersonating any applicant or acting as proxy for an

25-35  applicant in any examination required pursuant to this chapter for

25-36  the issuance of a license or certificate.

25-37     (c) Impersonating another licensed practitioner or holder of a

25-38  certificate.

25-39     (d) Permitting or allowing another person to use his license or

25-40  certificate to practice as a licensed practical nurse, registered nurse

25-41  or nursing assistant.

25-42     (e) Repeated malpractice, which may be evidenced by claims of

25-43  malpractice settled against him.

25-44     (f) Physical, verbal or psychological abuse of a patient.

26-1      (g) Conviction for the use or unlawful possession of a controlled

26-2  substance or dangerous drug as defined in chapter 454 of NRS.

26-3      8.  Has willfully or repeatedly violated the provisions of this

26-4  chapter. The voluntary surrender of a license or certificate issued

26-5  pursuant to this chapter is prima facie evidence that the licensee or

26-6  certificate holder has committed or expects to commit a violation of

26-7  this chapter.

26-8      9.  Is guilty of aiding or abetting any person in a violation of

26-9  this chapter.

26-10     10.  Has falsified an entry on a patient’s medical chart

26-11  concerning a controlled substance.

26-12     11.  Has falsified information which was given to a physician,

26-13  pharmacist, podiatric physician or dentist to obtain a controlled

26-14  substance.

26-15     12.  Has been disciplined in another state in connection with a

26-16  license to practice nursing or a certificate to practice as a nursing

26-17  assistant or has committed an act in another state which would

26-18  constitute a violation of this chapter.

26-19     13.  Has engaged in conduct likely to deceive, defraud or

26-20  endanger a patient or the general public.

26-21     14.  Has willfully failed to comply with a regulation, subpoena

26-22  or order of the Board.

26-23  [For the purposes of this section, a plea or verdict of guilty or guilty

26-24  but mentally ill or a plea of nolo contendere constitutes a conviction

26-25  of an offense.] The Board may take disciplinary action pending the

26-26  appeal of a conviction.

26-27     Sec. 65.  Chapter 633 of NRS is hereby amended by adding

26-28  thereto the provisions set forth as sections 66 to 69, inclusive, of this

26-29  act.

26-30     Sec. 66.  1.  The Attorney General has primary jurisdiction

26-31  for the enforcement of the provisions of this chapter. The Attorney

26-32  General shall, if appropriate, investigate and prosecute a person

26-33  who violates:

26-34     (a) Any provision of this chapter, a regulation adopted

26-35  pursuant to this chapter or an order of the Board; or

26-36     (b) Any other law or regulation if the violation is committed by

26-37  the person in the course of committing a violation described in

26-38  paragraph (a).

26-39     2.  The Attorney General shall, if appropriate, investigate and

26-40  prosecute a person who is alleged to have committed a violation

26-41  described in subsection 1 whether or not:

26-42     (a) The Board notifies the Attorney General of the alleged

26-43  violation;

26-44     (b) The Board takes any disciplinary action against the person

26-45  alleged to have committed the violation;

27-1      (c) Any other person files a complaint against the person

27-2  alleged to have committed the violation; or

27-3      (d) A civil action is commenced against the person alleged to

27-4  have committed the violation.

27-5      3.  When acting pursuant to this section, the Attorney General

27-6  may commence his investigation and file a criminal action without

27-7  leave of court, and the Attorney General has exclusive charge of

27-8  the conduct of the prosecution.

27-9      4.  Except as otherwise provided by the Constitution of the

27-10  United States, the Constitution of this state or a specific statute, a

27-11  person shall, if requested, provide the Attorney General with

27-12  information that would assist in the prosecution of any other

27-13  person who is alleged to have committed a violation described in

27-14  subsection 1. If a person fails, without reasonable cause, to

27-15  provide the Attorney General with such information upon request,

27-16  the person is guilty of a misdemeanor.

27-17     Sec. 67.  1.  The Attorney General may bring any

27-18  appropriate civil action against a person to enforce any provision

27-19  of this chapter, a regulation adopted pursuant to this chapter or an

27-20  order of the Board, including, without limitation, an order of the

27-21  Board:

27-22     (a) Imposing an administrative fine; or

27-23     (b) Suspending, revoking or placing conditions upon a license

27-24  or certificate.

27-25     2.  If the Attorney General prevails in any civil action brought

27-26  pursuant to this chapter, the court shall order the person against

27-27  whom the civil action was brought to pay:

27-28     (a) Court costs; and

27-29     (b) Reasonable costs of the investigation and prosecution of

27-30  the civil action.

27-31     3.  Whether or not the Attorney General brings a civil action

27-32  against a person pursuant to this chapter, the Attorney General

27-33  may prosecute the person for a criminal violation pursuant to this

27-34  chapter.

27-35     Sec. 68.  In addition to any other penalty, if a person is

27-36  convicted of a violation of any provision of this chapter, a

27-37  regulation adopted pursuant to this chapter or an order of the

27-38  Board, the court shall order the person to pay:

27-39     1.  Court costs; and

27-40     2.  Reasonable costs of the investigation and prosecution of

27-41  the violation.

27-42     Sec. 69.  1.  The actions and remedies authorized by this

27-43  chapter are cumulative.

27-44     2.  If an agency or officer elects to take any action or pursue

27-45  any remedy authorized by this chapter or another specific statute,

28-1  that election is not exclusive and does not preclude the agency or

28-2  officer or another agency or officer from taking any other action

28-3  or pursuing any other remedy authorized by this chapter or

28-4  another specific statute.

28-5      Sec. 70.  NRS 633.701 is hereby amended to read as follows:

28-6      633.701  The filing and review of a complaint and any

28-7  subsequent disposition by the Board, the member designated by the

28-8  Board to review a complaint pursuant to NRS 633.541 or any

28-9  reviewing court do not preclude:

28-10     1.  Any measure by a hospital or other institution to limit or

28-11  terminate the privileges of an osteopathic physician according to its

28-12  rules or the custom of the profession. No civil liability attaches to

28-13  any such action taken without malice even if the ultimate disposition

28-14  of the complaint is in favor of the physician.

28-15     2.  Any appropriate criminal prosecution [by the Attorney

28-16  General or a district attorney] based upon the same or other facts.

28-17     Sec. 71.  Chapter 634 of NRS is hereby amended by adding

28-18  thereto the provisions set forth as sections 72 to 75, inclusive, of this

28-19  act.

28-20     Sec. 72.  1.  The Attorney General has primary jurisdiction

28-21  for the enforcement of the provisions of this chapter. The Attorney

28-22  General shall, if appropriate, investigate and prosecute a person

28-23  who violates:

28-24     (a) Any provision of this chapter, a regulation adopted

28-25  pursuant to this chapter or an order of the Board; or

28-26     (b) Any other law or regulation if the violation is committed by

28-27  the person in the course of committing a violation described in

28-28  paragraph (a).

28-29     2.  The Attorney General shall, if appropriate, investigate and

28-30  prosecute a person who is alleged to have committed a violation

28-31  described in subsection 1 whether or not:

28-32     (a) The Board notifies the Attorney General of the alleged

28-33  violation;

28-34     (b) The Board takes any disciplinary action against the person

28-35  alleged to have committed the violation;

28-36     (c) Any other person files a complaint against the person

28-37  alleged to have committed the violation; or

28-38     (d) A civil action is commenced against the person alleged to

28-39  have committed the violation.

28-40     3.  When acting pursuant to this section, the Attorney General

28-41  may commence his investigation and file a criminal action without

28-42  leave of court, and the Attorney General has exclusive charge of

28-43  the conduct of the prosecution.

28-44     4.  Except as otherwise provided by the Constitution of the

28-45  United States, the Constitution of this state or a specific statute, a

29-1  person shall, if requested, provide the Attorney General with

29-2  information that would assist in the prosecution of any other

29-3  person who is alleged to have committed a violation described in

29-4  subsection 1. If a person fails, without reasonable cause, to

29-5  provide the Attorney General with such information upon request,

29-6  the person is guilty of a misdemeanor.

29-7      Sec. 73.  1.  The Attorney General may bring any

29-8  appropriate civil action against a person to enforce any provision

29-9  of this chapter, a regulation adopted pursuant to this chapter or an

29-10  order of the Board, including, without limitation, an order of the

29-11  Board:

29-12     (a) Imposing an administrative fine; or

29-13     (b) Suspending, revoking or placing conditions upon a license

29-14  or certificate.

29-15     2.  If the Attorney General prevails in any civil action brought

29-16  pursuant to this chapter, the court shall order the person against

29-17  whom the civil action was brought to pay:

29-18     (a) Court costs; and

29-19     (b) Reasonable costs of the investigation and prosecution of

29-20  the civil action.

29-21     3.  Whether or not the Attorney General brings a civil action

29-22  against a person pursuant to this chapter, the Attorney General

29-23  may prosecute the person for a criminal violation pursuant to this

29-24  chapter.

29-25     Sec. 74.  In addition to any other penalty, if a person is

29-26  convicted of a violation of any provision of this chapter, a

29-27  regulation adopted pursuant to this chapter or an order of the

29-28  Board, the court shall order the person to pay:

29-29     1.  Court costs; and

29-30     2.  Reasonable costs of the investigation and prosecution of

29-31  the violation.

29-32     Sec. 75.  1.  The actions and remedies authorized by this

29-33  chapter are cumulative.

29-34     2.  If an agency or officer elects to take any action or pursue

29-35  any remedy authorized by this chapter or another specific statute,

29-36  that election is not exclusive and does not preclude the agency or

29-37  officer or another agency or officer from taking any other action

29-38  or pursuing any other remedy authorized by this chapter or

29-39  another specific statute.

29-40     Sec. 76.  Chapter 634A of NRS is hereby amended by adding

29-41  thereto the provisions set forth as sections 77 to 80, inclusive, of this

29-42  act.

 

 

30-1      Sec. 77.  1.  The Attorney General has primary jurisdiction

30-2  for the enforcement of the provisions of this chapter. The Attorney

30-3  General shall, if appropriate, investigate and prosecute a person

30-4  who violates:

30-5      (a) Any provision of this chapter, a regulation adopted

30-6  pursuant to this chapter or an order of the Board; or

30-7      (b) Any other law or regulation if the violation is committed by

30-8  the person in the course of committing a violation described in

30-9  paragraph (a).

30-10     2.  The Attorney General shall, if appropriate, investigate and

30-11  prosecute a person who is alleged to have committed a violation

30-12  described in subsection 1 whether or not:

30-13     (a) The Board notifies the Attorney General of the alleged

30-14  violation;

30-15     (b) The Board takes any disciplinary action against the person

30-16  alleged to have committed the violation;

30-17     (c) Any other person files a complaint against the person

30-18  alleged to have committed the violation; or

30-19     (d) A civil action is commenced against the person alleged to

30-20  have committed the violation.

30-21     3.  When acting pursuant to this section, the Attorney General

30-22  may commence his investigation and file a criminal action without

30-23  leave of court, and the Attorney General has exclusive charge of

30-24  the conduct of the prosecution.

30-25     4.  Except as otherwise provided by the Constitution of the

30-26  United States, the Constitution of this state or a specific statute, a

30-27  person shall, if requested, provide the Attorney General with

30-28  information that would assist in the prosecution of any other

30-29  person who is alleged to have committed a violation described in

30-30  subsection 1. If a person fails, without reasonable cause, to

30-31  provide the Attorney General with such information upon request,

30-32  the person is guilty of a misdemeanor.

30-33     Sec. 78.  1.  The Attorney General may bring any

30-34  appropriate civil action against a person to enforce any provision

30-35  of this chapter, a regulation adopted pursuant to this chapter or an

30-36  order of the Board, including, without limitation, an order of the

30-37  Board:

30-38     (a) Imposing an administrative fine; or

30-39     (b) Suspending, revoking or placing conditions upon a license

30-40  or certificate.

30-41     2.  If the Attorney General prevails in any civil action brought

30-42  pursuant to this chapter, the court shall order the person against

30-43  whom the civil action was brought to pay:

30-44     (a) Court costs; and

31-1      (b) Reasonable costs of the investigation and prosecution of

31-2  the civil action.

31-3      3.  Whether or not the Attorney General brings a civil action

31-4  against a person pursuant to this chapter, the Attorney General

31-5  may prosecute the person for a criminal violation pursuant to this

31-6  chapter.

31-7      Sec. 79.  In addition to any other penalty, if a person is

31-8  convicted of a violation of any provision of this chapter, a

31-9  regulation adopted pursuant to this chapter or an order of the

31-10  Board, the court shall order the person to pay:

31-11     1.  Court costs; and

31-12     2.  Reasonable costs of the investigation and prosecution of

31-13  the violation.

31-14     Sec. 80.  1.  The actions and remedies authorized by this

31-15  chapter are cumulative.

31-16     2.  If an agency or officer elects to take any action or pursue

31-17  any remedy authorized by this chapter or another specific statute,

31-18  that election is not exclusive and does not preclude the agency or

31-19  officer or another agency or officer from taking any other action

31-20  or pursuing any other remedy authorized by this chapter or

31-21  another specific statute.

31-22     Sec. 81.  Chapter 635 of NRS is hereby amended by adding

31-23  thereto the provisions set forth as sections 82 to 85, inclusive, of this

31-24  act.

31-25     Sec. 82.  1.  The Attorney General has primary jurisdiction

31-26  for the enforcement of the provisions of this chapter. The Attorney

31-27  General shall, if appropriate, investigate and prosecute a person

31-28  who violates:

31-29     (a) Any provision of this chapter, a regulation adopted

31-30  pursuant to this chapter or an order of the Board; or

31-31     (b) Any other law or regulation if the violation is committed by

31-32  the person in the course of committing a violation described in

31-33  paragraph (a).

31-34     2.  The Attorney General shall, if appropriate, investigate and

31-35  prosecute a person who is alleged to have committed a violation

31-36  described in subsection 1 whether or not:

31-37     (a) The Board notifies the Attorney General of the alleged

31-38  violation;

31-39     (b) The Board takes any disciplinary action against the person

31-40  alleged to have committed the violation;

31-41     (c) Any other person files a complaint against the person

31-42  alleged to have committed the violation; or

31-43     (d) A civil action is commenced against the person alleged to

31-44  have committed the violation.

32-1      3.  When acting pursuant to this section, the Attorney General

32-2  may commence his investigation and file a criminal action without

32-3  leave of court, and the Attorney General has exclusive charge of

32-4  the conduct of the prosecution.

32-5      4.  Except as otherwise provided by the Constitution of the

32-6  United States, the Constitution of this state or a specific statute, a

32-7  person shall, if requested, provide the Attorney General with

32-8  information that would assist in the prosecution of any other

32-9  person who is alleged to have committed a violation described in

32-10  subsection 1. If a person fails, without reasonable cause, to

32-11  provide the Attorney General with such information upon request,

32-12  the person is guilty of a misdemeanor.

32-13     Sec. 83.  1.  The Attorney General may bring any

32-14  appropriate civil action against a person to enforce any provision

32-15  of this chapter, a regulation adopted pursuant to this chapter or an

32-16  order of the Board, including, without limitation, an order of the

32-17  Board:

32-18     (a) Imposing an administrative fine; or

32-19     (b) Suspending, revoking or placing conditions upon a license.

32-20     2.  If the Attorney General prevails in any civil action brought

32-21  pursuant to this chapter, the court shall order the person against

32-22  whom the civil action was brought to pay:

32-23     (a) Court costs; and

32-24     (b) Reasonable costs of the investigation and prosecution of

32-25  the civil action.

32-26     3.  Whether or not the Attorney General brings a civil action

32-27  against a person pursuant to this chapter, the Attorney General

32-28  may prosecute the person for a criminal violation pursuant to this

32-29  chapter.

32-30     Sec. 84.  In addition to any other penalty, if a person is

32-31  convicted of a violation of any provision of this chapter, a

32-32  regulation adopted pursuant to this chapter or an order of the

32-33  Board, the court shall order the person to pay:

32-34     1.  Court costs; and

32-35     2.  Reasonable costs of the investigation and prosecution of

32-36  the violation.

32-37     Sec. 85.  1.  The actions and remedies authorized by this

32-38  chapter are cumulative.

32-39     2.  If an agency or officer elects to take any action or pursue

32-40  any remedy authorized by this chapter or another specific statute,

32-41  that election is not exclusive and does not preclude the agency or

32-42  officer or another agency or officer from taking any other action

32-43  or pursuing any other remedy authorized by this chapter or

32-44  another specific statute.

 

33-1      Sec. 86.  NRS 635.170 is hereby amended to read as follows:

33-2      635.170  [1.]  The Board shall report any violation of this

33-3  chapter to the [district attorney of the county wherein the violation

33-4  occurs.

33-5      2.  The district attorney shall promptly prosecute any person

33-6  violating any provision of this chapter.] Attorney General.

33-7      Sec. 87.  Chapter 636 of NRS is hereby amended by adding

33-8  thereto the provisions set forth as sections 88 to 91, inclusive, of this

33-9  act.

33-10     Sec. 88.  1.  The Attorney General has primary jurisdiction

33-11  for the enforcement of the provisions of this chapter. The Attorney

33-12  General shall, if appropriate, investigate and prosecute a person

33-13  who violates:

33-14     (a) Any provision of this chapter, a regulation adopted

33-15  pursuant to this chapter or an order of the Board; or

33-16     (b) Any other law or regulation if the violation is committed by

33-17  the person in the course of committing a violation described in

33-18  paragraph (a).

33-19     2.  The Attorney General shall, if appropriate, investigate and

33-20  prosecute a person who is alleged to have committed a violation

33-21  described in subsection 1 whether or not:

33-22     (a) The Board notifies the Attorney General of the alleged

33-23  violation;

33-24     (b) The Board takes any disciplinary action against the person

33-25  alleged to have committed the violation;

33-26     (c) Any other person files a complaint against the person

33-27  alleged to have committed the violation; or

33-28     (d) A civil action is commenced against the person alleged to

33-29  have committed the violation.

33-30     3.  When acting pursuant to this section, the Attorney General

33-31  may commence his investigation and file a criminal action without

33-32  leave of court, and the Attorney General has exclusive charge of

33-33  the conduct of the prosecution.

33-34     4.  Except as otherwise provided by the Constitution of the

33-35  United States, the Constitution of this state or a specific statute, a

33-36  person shall, if requested, provide the Attorney General with

33-37  information that would assist in the prosecution of any other

33-38  person who is alleged to have committed a violation described in

33-39  subsection 1. If a person fails, without reasonable cause, to

33-40  provide the Attorney General with such information upon request,

33-41  the person is guilty of a misdemeanor.

33-42     Sec. 89.  1.  The Attorney General may bring any

33-43  appropriate civil action against a person to enforce any provision

33-44  of this chapter, a regulation adopted pursuant to this chapter or an

34-1  order of the Board, including, without limitation, an order of the

34-2  Board:

34-3      (a) Imposing an administrative fine; or

34-4      (b) Suspending, revoking or placing conditions upon a license,

34-5  certificate or permit.

34-6      2.  If the Attorney General prevails in any civil action brought

34-7  pursuant to this chapter, the court shall order the person against

34-8  whom the civil action was brought to pay:

34-9      (a) Court costs; and

34-10     (b) Reasonable costs of the investigation and prosecution of

34-11  the civil action.

34-12     3.  Whether or not the Attorney General brings a civil action

34-13  against a person pursuant to this chapter, the Attorney General

34-14  may prosecute the person for a criminal violation pursuant to this

34-15  chapter.

34-16     Sec. 90.  In addition to any other penalty, if a person is

34-17  convicted of a violation of any provision of this chapter, a

34-18  regulation adopted pursuant to this chapter or an order of the

34-19  Board, the court shall order the person to pay:

34-20     1.  Court costs; and

34-21     2.  Reasonable costs of the investigation and prosecution of

34-22  the violation.

34-23     Sec. 91.  1.  The actions and remedies authorized by this

34-24  chapter are cumulative.

34-25     2.  If an agency or officer elects to take any action or pursue

34-26  any remedy authorized by this chapter or another specific statute,

34-27  that election is not exclusive and does not preclude the agency or

34-28  officer or another agency or officer from taking any other action

34-29  or pursuing any other remedy authorized by this chapter or

34-30  another specific statute.

34-31     Sec. 92.  NRS 636.405 is hereby amended to read as follows:

34-32     636.405  [1.]  Constables, police officers and sheriffs shall

34-33  report violations of this chapter to the Executive Director, and shall

34-34  render assistance to the Board or any officer thereof if called upon

34-35  so to do.

34-36     [2.  District attorneys shall prosecute violations of this chapter.]

34-37     Sec. 93.  NRS 636.420 is hereby amended to read as follows:

34-38     636.420  Any person licensed under this chapter who violates

34-39  any provision of this chapter or any regulation or order of the Board

34-40  relating to the practice of optometry is liable to the Board for an

34-41  administrative fine of not less than $100 or more than $5,000.

34-42     Sec. 94.  Chapter 637 of NRS is hereby amended by adding

34-43  thereto the provisions set forth as sections 95 to 98, inclusive, of this

34-44  act.

35-1      Sec. 95.  1.  The Attorney General has primary jurisdiction

35-2  for the enforcement of the provisions of this chapter. The Attorney

35-3  General shall, if appropriate, investigate and prosecute a person

35-4  who violates:

35-5      (a) Any provision of this chapter, a regulation adopted

35-6  pursuant to this chapter or an order of the Board; or

35-7      (b) Any other law or regulation if the violation is committed by

35-8  the person in the course of committing a violation described in

35-9  paragraph (a).

35-10     2.  The Attorney General shall, if appropriate, investigate and

35-11  prosecute a person who is alleged to have committed a violation

35-12  described in subsection 1 whether or not:

35-13     (a) The Board notifies the Attorney General of the alleged

35-14  violation;

35-15     (b) The Board takes any disciplinary action against the person

35-16  alleged to have committed the violation;

35-17     (c) Any other person files a complaint against the person

35-18  alleged to have committed the violation; or

35-19     (d) A civil action is commenced against the person alleged to

35-20  have committed the violation.

35-21     3.  When acting pursuant to this section, the Attorney General

35-22  may commence his investigation and file a criminal action without

35-23  leave of court, and the Attorney General has exclusive charge of

35-24  the conduct of the prosecution.

35-25     4.  Except as otherwise provided by the Constitution of the

35-26  United States, the Constitution of this state or a specific statute, a

35-27  person shall, if requested, provide the Attorney General with

35-28  information that would assist in the prosecution of any other

35-29  person who is alleged to have committed a violation described in

35-30  subsection 1. If a person fails, without reasonable cause, to

35-31  provide the Attorney General with such information upon request,

35-32  the person is guilty of a misdemeanor.

35-33     Sec. 96.  1.  The Attorney General may bring any

35-34  appropriate civil action against a person to enforce any provision

35-35  of this chapter, a regulation adopted pursuant to this chapter or an

35-36  order of the Board, including, without limitation, an order of the

35-37  Board:

35-38     (a) Imposing an administrative fine; or

35-39     (b) Suspending, revoking or placing conditions upon a license

35-40  or permit.

35-41     2.  If the Attorney General prevails in any civil action brought

35-42  pursuant to this chapter, the court shall order the person against

35-43  whom the civil action was brought to pay:

35-44     (a) Court costs; and

36-1      (b) Reasonable costs of the investigation and prosecution of

36-2  the civil action.

36-3      3.  Whether or not the Attorney General brings a civil action

36-4  against a person pursuant to this chapter, the Attorney General

36-5  may prosecute the person for a criminal violation pursuant to this

36-6  chapter.

36-7      Sec. 97.  In addition to any other penalty, if a person is

36-8  convicted of a violation of any provision of this chapter, a

36-9  regulation adopted pursuant to this chapter or an order of the

36-10  Board, the court shall order the person to pay:

36-11     1.  Court costs; and

36-12     2.  Reasonable costs of the investigation and prosecution of

36-13  the violation.

36-14     Sec. 98.  1.  The actions and remedies authorized by this

36-15  chapter are cumulative.

36-16     2.  If an agency or officer elects to take any action or pursue

36-17  any remedy authorized by this chapter or another specific statute,

36-18  that election is not exclusive and does not preclude the agency or

36-19  officer or another agency or officer from taking any other action

36-20  or pursuing any other remedy authorized by this chapter or

36-21  another specific statute.

36-22     Sec. 99.  Chapter 637A of NRS is hereby amended by adding

36-23  thereto the provisions set forth as sections 100 to 103, inclusive, of

36-24  this act.

36-25     Sec. 100.  1.  The Attorney General has primary jurisdiction

36-26  for the enforcement of the provisions of this chapter. The Attorney

36-27  General shall, if appropriate, investigate and prosecute a person

36-28  who violates:

36-29     (a) Any provision of this chapter, a regulation adopted

36-30  pursuant to this chapter or an order of the Board; or

36-31     (b) Any other law or regulation if the violation is committed by

36-32  the person in the course of committing a violation described in

36-33  paragraph (a).

36-34     2.  The Attorney General shall, if appropriate, investigate and

36-35  prosecute a person who is alleged to have committed a violation

36-36  described in subsection 1 whether or not:

36-37     (a) The Board notifies the Attorney General of the alleged

36-38  violation;

36-39     (b) The Board takes any disciplinary action against the person

36-40  alleged to have committed the violation;

36-41     (c) Any other person files a complaint against the person

36-42  alleged to have committed the violation; or

36-43     (d) A civil action is commenced against the person alleged to

36-44  have committed the violation.

37-1      3.  When acting pursuant to this section, the Attorney General

37-2  may commence his investigation and file a criminal action without

37-3  leave of court, and the Attorney General has exclusive charge of

37-4  the conduct of the prosecution.

37-5      4.  Except as otherwise provided by the Constitution of the

37-6  United States, the Constitution of this state or a specific statute, a

37-7  person shall, if requested, provide the Attorney General with

37-8  information that would assist in the prosecution of any other

37-9  person who is alleged to have committed a violation described in

37-10  subsection 1. If a person fails, without reasonable cause, to

37-11  provide the Attorney General with such information upon request,

37-12  the person is guilty of a misdemeanor.

37-13     Sec. 101.  1.  The Attorney General may bring any

37-14  appropriate civil action against a person to enforce any provision

37-15  of this chapter, a regulation adopted pursuant to this chapter or an

37-16  order of the Board, including, without limitation, an order of the

37-17  Board:

37-18     (a) Imposing an administrative fine; or

37-19     (b) Suspending, revoking or placing conditions upon a license.

37-20     2.  If the Attorney General prevails in any civil action brought

37-21  pursuant to this chapter, the court shall order the person against

37-22  whom the civil action was brought to pay:

37-23     (a) Court costs; and

37-24     (b) Reasonable costs of the investigation and prosecution of

37-25  the civil action.

37-26     3.  Whether or not the Attorney General brings a civil action

37-27  against a person pursuant to this chapter, the Attorney General

37-28  may prosecute the person for a criminal violation pursuant to this

37-29  chapter.

37-30     Sec. 102.  In addition to any other penalty, if a person is

37-31  convicted of a violation of any provision of this chapter, a

37-32  regulation adopted pursuant to this chapter or an order of the

37-33  Board, the court shall order the person to pay:

37-34     1.  Court costs; and

37-35     2.  Reasonable costs of the investigation and prosecution of

37-36  the violation.

37-37     Sec. 103.  1.  The actions and remedies authorized by this

37-38  chapter are cumulative.

37-39     2.  If an agency or officer elects to take any action or pursue

37-40  any remedy authorized by this chapter or another specific statute,

37-41  that election is not exclusive and does not preclude the agency or

37-42  officer or another agency or officer from taking any other action

37-43  or pursuing any other remedy authorized by this chapter or

37-44  another specific statute.

38-1      Sec. 104.  Chapter 637B of NRS is hereby amended by adding

38-2  thereto the provisions set forth as sections 105 to 108, inclusive, of

38-3  this act.

38-4      Sec. 105.  1.  The Attorney General has primary jurisdiction

38-5  for the enforcement of the provisions of this chapter. The Attorney

38-6  General shall, if appropriate, investigate and prosecute a person

38-7  who violates:

38-8      (a) Any provision of this chapter, a regulation adopted

38-9  pursuant to this chapter or an order of the Board; or

38-10     (b) Any other law or regulation if the violation is committed by

38-11  the person in the course of committing a violation described in

38-12  paragraph (a).

38-13     2.  The Attorney General shall, if appropriate, investigate and

38-14  prosecute a person who is alleged to have committed a violation

38-15  described in subsection 1 whether or not:

38-16     (a) The Board notifies the Attorney General of the alleged

38-17  violation;

38-18     (b) The Board takes any disciplinary action against the person

38-19  alleged to have committed the violation;

38-20     (c) Any other person files a complaint against the person

38-21  alleged to have committed the violation; or

38-22     (d) A civil action is commenced against the person alleged to

38-23  have committed the violation.

38-24     3.  When acting pursuant to this section, the Attorney General

38-25  may commence his investigation and file a criminal action without

38-26  leave of court, and the Attorney General has exclusive charge of

38-27  the conduct of the prosecution.

38-28     4.  Except as otherwise provided by the Constitution of the

38-29  United States, the Constitution of this state or a specific statute, a

38-30  person shall, if requested, provide the Attorney General with

38-31  information that would assist in the prosecution of any other

38-32  person who is alleged to have committed a violation described in

38-33  subsection 1. If a person fails, without reasonable cause, to

38-34  provide the Attorney General with such information upon request,

38-35  the person is guilty of a misdemeanor.

38-36     Sec. 106.  1.  The Attorney General may bring any

38-37  appropriate civil action against a person to enforce any provision

38-38  of this chapter, a regulation adopted pursuant to this chapter or an

38-39  order of the Board, including, without limitation, an order of the

38-40  Board:

38-41     (a) Imposing an administrative fine; or

38-42     (b) Suspending, revoking or placing conditions upon a license.

38-43     2.  If the Attorney General prevails in any civil action brought

38-44  pursuant to this chapter, the court shall order the person against

38-45  whom the civil action was brought to pay:

39-1      (a) Court costs; and

39-2      (b) Reasonable costs of the investigation and prosecution of

39-3  the civil action.

39-4      3.  Whether or not the Attorney General brings a civil action

39-5  against a person pursuant to this chapter, the Attorney General

39-6  may prosecute the person for a criminal violation pursuant to this

39-7  chapter.

39-8      Sec. 107.  In addition to any other penalty, if a person is

39-9  convicted of a violation of any provision of this chapter, a

39-10  regulation adopted pursuant to this chapter or an order of the

39-11  Board, the court shall order the person to pay:

39-12     1.  Court costs; and

39-13     2.  Reasonable costs of the investigation and prosecution of

39-14  the violation.

39-15     Sec. 108.  1.  The actions and remedies authorized by this

39-16  chapter are cumulative.

39-17     2.  If an agency or officer elects to take any action or pursue

39-18  any remedy authorized by this chapter or another specific statute,

39-19  that election is not exclusive and does not preclude the agency or

39-20  officer or another agency or officer from taking any other action

39-21  or pursuing any other remedy authorized by this chapter or

39-22  another specific statute.

39-23     Sec. 109.  Chapter 638 of NRS is hereby amended by adding

39-24  thereto the provisions set forth as sections 110 to 113, inclusive, of

39-25  this act.

39-26     Sec. 110.  1.  The Attorney General has primary jurisdiction

39-27  for the enforcement of the provisions of this chapter. The Attorney

39-28  General shall, if appropriate, investigate and prosecute a person

39-29  who violates:

39-30     (a) Any provision of this chapter, a regulation adopted

39-31  pursuant to this chapter or an order of the Board; or

39-32     (b) Any other law or regulation if the violation is committed by

39-33  the person in the course of committing a violation described in

39-34  paragraph (a).

39-35     2.  The Attorney General shall, if appropriate, investigate and

39-36  prosecute a person who is alleged to have committed a violation

39-37  described in subsection 1 whether or not:

39-38     (a) The Board notifies the Attorney General of the alleged

39-39  violation;

39-40     (b) The Board takes any disciplinary action against the person

39-41  alleged to have committed the violation;

39-42     (c) Any other person files a complaint against the person

39-43  alleged to have committed the violation; or

39-44     (d) A civil action is commenced against the person alleged to

39-45  have committed the violation.

40-1      3.  When acting pursuant to this section, the Attorney General

40-2  may commence his investigation and file a criminal action without

40-3  leave of court, and the Attorney General has exclusive charge of

40-4  the conduct of the prosecution.

40-5      4.  Except as otherwise provided by the Constitution of the

40-6  United States, the Constitution of this state or a specific statute, a

40-7  person shall, if requested, provide the Attorney General with

40-8  information that would assist in the prosecution of any other

40-9  person who is alleged to have committed a violation described in

40-10  subsection 1. If a person fails, without reasonable cause, to

40-11  provide the Attorney General with such information upon request,

40-12  the person is guilty of a misdemeanor.

40-13     Sec. 111.  1.  The Attorney General may bring any

40-14  appropriate civil action against a person to enforce any provision

40-15  of this chapter, a regulation adopted pursuant to this chapter or an

40-16  order of the Board, including, without limitation, an order of the

40-17  Board:

40-18     (a) Imposing an administrative fine; or

40-19     (b) Suspending, revoking or placing conditions upon a license.

40-20     2.  If the Attorney General prevails in any civil action brought

40-21  pursuant to this chapter, the court shall order the person against

40-22  whom the civil action was brought to pay:

40-23     (a) Court costs; and

40-24     (b) Reasonable costs of the investigation and prosecution of

40-25  the civil action.

40-26     3.  Whether or not the Attorney General brings a civil action

40-27  against a person pursuant to this chapter, the Attorney General

40-28  may prosecute the person for a criminal violation pursuant to this

40-29  chapter.

40-30     Sec. 112.  In addition to any other penalty, if a person is

40-31  convicted of a violation of any provision of this chapter, a

40-32  regulation adopted pursuant to this chapter or an order of the

40-33  Board, the court shall order the person to pay:

40-34     1.  Court costs; and

40-35     2.  Reasonable costs of the investigation and prosecution of

40-36  the violation.

40-37     Sec. 113.  1.  The actions and remedies authorized by this

40-38  chapter are cumulative.

40-39     2.  If an agency or officer elects to take any action or pursue

40-40  any remedy authorized by this chapter or another specific statute,

40-41  that election is not exclusive and does not preclude the agency or

40-42  officer or another agency or officer from taking any other action

40-43  or pursuing any other remedy authorized by this chapter or

40-44  another specific statute.

 

41-1      Sec. 114.  NRS 638.140 is hereby amended to read as follows:

41-2      638.140  The following acts, among others, are grounds for

41-3  disciplinary action:

41-4      1.  Violation of a regulation adopted by the State Board of

41-5  Pharmacy or the Nevada State Board of Veterinary Medical

41-6  Examiners;

41-7      2.  Habitual drunkenness;

41-8      3.  Addiction to the use of a controlled substance;

41-9      4.  Conviction of [or a plea of nolo contendere to] a felony[,] or

41-10  any offense involving moral turpitude;

41-11     5.  Incompetence;

41-12     6.  Negligence;

41-13     7.  Malpractice pertaining to veterinary medicine as evidenced

41-14  by an action for malpractice in which the holder of a license is found

41-15  liable for damages;

41-16     8.  Conviction of a violation of any law concerning the

41-17  possession, distribution or use of a controlled substance or a

41-18  dangerous drug as defined in chapter 454 of NRS;

41-19     9.  Willful failure to comply with any provision of this chapter,

41-20  a regulation, subpoena or order of the Board, the standard of care

41-21  established by the American Veterinary Medical Association[,] or

41-22  an order of a court;

41-23     10.  Prescribing, administering or dispensing a controlled

41-24  substance to an animal to influence the outcome of a competitive

41-25  event in which the animal is a competitor;

41-26     11.  Willful failure to comply with a request by the Board for

41-27  medical records within 14 days after receipt of a demand letter

41-28  issued by the Board;

41-29     12.  Willful failure to accept service by mail or in person from

41-30  the Board;

41-31     13.  Failure of a supervising veterinarian to provide immediate

41-32  or direct supervision to licensed or unlicensed personnel if the

41-33  failure results in malpractice or the death of an animal; and

41-34     14.  Failure of a supervising veterinarian to ensure that a

41-35  licensed veterinarian is on the premises of a facility or agency when

41-36  medical treatment is administered to an animal if the treatment

41-37  requires direct or immediate supervision by a licensed veterinarian.

41-38     Sec. 115.  NRS 638.1515 is hereby amended to read as

41-39  follows:

41-40     638.1515  In any proceeding before the Board:

41-41     1.  Proof of actual injury need not be established where the

41-42  statement of findings charges deceptive or unethical professional

41-43  conduct.

41-44     2.  A certified copy of the record of a court or a licensing

41-45  agency showing a conviction or the suspension, limitation,

42-1  modification, denial or revocation of a license of a veterinarian or

42-2  veterinary technician is conclusive evidence of its occurrence. [A

42-3  plea of nolo contendere is a conviction for the purpose of this

42-4  section.]

42-5      Sec. 116.  NRS 638.1525 is hereby amended to read as

42-6  follows:

42-7      638.1525  1.  Except as otherwise provided in NRS 41.500, a

42-8  person licensed pursuant to the provisions of this chapter shall not

42-9  provide medical assistance, treatment or counsel to a human being.

42-10  Such conduct is a ground for disciplinary action.

42-11     2.  The Board shall immediately suspend the license of a person

42-12  who violates the provisions of this section.

42-13     3.  Any person who violates the provisions of this section is

42-14  guilty of a category D felony and shall be punished as provided in

42-15  NRS 193.130.

42-16     [4.  The Board may report an alleged violation of this section to

42-17  the Attorney General or any district attorney. Upon receiving a

42-18  report from the Board, the Attorney General or district attorney shall

42-19  institute necessary proceedings in a court of competent jurisdiction

42-20  against the person responsible for the alleged violation of this

42-21  section.]

42-22     Sec. 117.  NRS 638.153 is hereby amended to read as follows:

42-23     638.153  The filing and review of a complaint, its dismissal

42-24  without further action or its transmittal to the Attorney General, and

42-25  any subsequent disposition by the Board, the Attorney General or

42-26  any reviewing court , do not preclude any appropriate criminal

42-27  prosecution [by the Attorney General or a district attorney] based

42-28  upon the same or other facts.

42-29     Sec. 118.  Chapter 639 of NRS is hereby amended by adding

42-30  thereto the provisions set forth as sections 119 to 122, inclusive, of

42-31  this act.

42-32     Sec. 119.  1.  The Attorney General has primary jurisdiction

42-33  for the enforcement of the provisions of this chapter. The Attorney

42-34  General shall, if appropriate, investigate and prosecute a person

42-35  who violates:

42-36     (a) Any provision of this chapter, a regulation adopted

42-37  pursuant to this chapter or an order of the Board; or

42-38     (b) Any other law or regulation if the violation is committed by

42-39  the person in the course of committing a violation described in

42-40  paragraph (a).

42-41     2.  The Attorney General shall, if appropriate, investigate and

42-42  prosecute a person who is alleged to have committed a violation

42-43  described in subsection 1 whether or not:

42-44     (a) The Board notifies the Attorney General of the alleged

42-45  violation;

43-1      (b) The Board takes any disciplinary action against the person

43-2  alleged to have committed the violation;

43-3      (c) Any other person files a complaint against the person

43-4  alleged to have committed the violation; or

43-5      (d) A civil action is commenced against the person alleged to

43-6  have committed the violation.

43-7      3.  When acting pursuant to this section, the Attorney General

43-8  may commence his investigation and file a criminal action without

43-9  leave of court, and the Attorney General has exclusive charge of

43-10  the conduct of the prosecution.

43-11     4.  Except as otherwise provided by the Constitution of the

43-12  United States, the Constitution of this state or a specific statute, a

43-13  person shall, if requested, provide the Attorney General with

43-14  information that would assist in the prosecution of any other

43-15  person who is alleged to have committed a violation described in

43-16  subsection 1. If a person fails, without reasonable cause, to

43-17  provide the Attorney General with such information upon request,

43-18  the person is guilty of a misdemeanor.

43-19     Sec. 120.  1.  The Attorney General may bring any

43-20  appropriate civil action against a person to enforce any provision

43-21  of this chapter, a regulation adopted pursuant to this chapter or an

43-22  order of the Board, including, without limitation, an order of the

43-23  Board:

43-24     (a) Imposing an administrative fine; or

43-25     (b) Suspending, revoking or placing conditions upon a

43-26  certificate, license or permit.

43-27     2.  If the Attorney General prevails in any civil action brought

43-28  pursuant to this chapter, the court shall order the person against

43-29  whom the civil action was brought to pay:

43-30     (a) Court costs; and

43-31     (b) Reasonable costs of the investigation and prosecution of

43-32  the civil action.

43-33     3.  Whether or not the Attorney General brings a civil action

43-34  against a person pursuant to this chapter, the Attorney General

43-35  may prosecute the person for a criminal violation pursuant to this

43-36  chapter.

43-37     Sec. 121.  In addition to any other penalty, if a person is

43-38  convicted of a violation of any provision of this chapter, a

43-39  regulation adopted pursuant to this chapter or an order of the

43-40  Board, the court shall order the person to pay:

43-41     1.  Court costs; and

43-42     2.  Reasonable costs of the investigation and prosecution of

43-43  the violation.

 

44-1      Sec. 122.  1.  The actions and remedies authorized by this

44-2  chapter are cumulative.

44-3      2.  If an agency or officer elects to take any action or pursue

44-4  any remedy authorized by this chapter or another specific statute,

44-5  that election is not exclusive and does not preclude the agency or

44-6  officer or another agency or officer from taking any other action

44-7  or pursuing any other remedy authorized by this chapter or

44-8  another specific statute.

44-9      Sec. 123.  NRS 639.300 is hereby amended to read as follows:

44-10     639.300  [1.]  The several penalties prescribed in this chapter

44-11  may be recovered in any court having jurisdictions, by a civil action

44-12  instituted by the Board[,] or the Attorney General in the name of

44-13  the State of Nevada, or by criminal prosecution upon complaint

44-14  being made.

44-15     [2.  The district attorney of the county wherein violations of the

44-16  provisions of this chapter occur shall conduct all such actions and

44-17  prosecutions at the request of the Board.]

44-18     Sec. 124.  Chapter 640 of NRS is hereby amended by adding

44-19  thereto the provisions set forth as sections 125 to128, inclusive, of

44-20  this act.

44-21     Sec. 125.  1.  The Attorney General has primary jurisdiction

44-22  for the enforcement of the provisions of this chapter. The Attorney

44-23  General shall, if appropriate, investigate and prosecute a person

44-24  who violates:

44-25     (a) Any provision of this chapter, a regulation adopted

44-26  pursuant to this chapter or an order of the Board; or

44-27     (b) Any other law or regulation if the violation is committed by

44-28  the person in the course of committing a violation described in

44-29  paragraph (a).

44-30     2.  The Attorney General shall, if appropriate, investigate and

44-31  prosecute a person who is alleged to have committed a violation

44-32  described in subsection 1 whether or not:

44-33     (a) The Board notifies the Attorney General of the alleged

44-34  violation;

44-35     (b) The Board takes any disciplinary action against the person

44-36  alleged to have committed the violation;

44-37     (c) Any other person files a complaint against the person

44-38  alleged to have committed the violation; or

44-39     (d) A civil action is commenced against the person alleged to

44-40  have committed the violation.

44-41     3.  When acting pursuant to this section, the Attorney General

44-42  may commence his investigation and file a criminal action without

44-43  leave of court, and the Attorney General has exclusive charge of

44-44  the conduct of the prosecution.

45-1      4.  Except as otherwise provided by the Constitution of the

45-2  United States, the Constitution of this state or a specific statute, a

45-3  person shall, if requested, provide the Attorney General with

45-4  information that would assist in the prosecution of any other

45-5  person who is alleged to have committed a violation described in

45-6  subsection 1. If a person fails, without reasonable cause, to

45-7  provide the Attorney General with such information upon request,

45-8  the person is guilty of a misdemeanor.

45-9      Sec. 126.  1.  The Attorney General may bring any

45-10  appropriate civil action against a person to enforce any provision

45-11  of this chapter, a regulation adopted pursuant to this chapter or an

45-12  order of the Board, including, without limitation, an order of the

45-13  Board:

45-14     (a) Imposing an administrative fine; or

45-15     (b) Suspending, revoking or placing conditions upon a license.

45-16     2.  If the Attorney General prevails in any civil action brought

45-17  pursuant to this chapter, the court shall order the person against

45-18  whom the civil action was brought to pay:

45-19     (a) Court costs; and

45-20     (b) Reasonable costs of the investigation and prosecution of

45-21  the civil action.

45-22     3.  Whether or not the Attorney General brings a civil action

45-23  against a person pursuant to this chapter, the Attorney General

45-24  may prosecute the person for a criminal violation pursuant to this

45-25  chapter.

45-26     Sec. 127.  In addition to any other penalty, if a person is

45-27  convicted of a violation of any provision of this chapter, a

45-28  regulation adopted pursuant to this chapter or an order of the

45-29  Board, the court shall order the person to pay:

45-30     1.  Court costs; and

45-31     2.  Reasonable costs of the investigation and prosecution of

45-32  the violation.

45-33     Sec. 128.  1.  The actions and remedies authorized by this

45-34  chapter are cumulative.

45-35     2.  If an agency or officer elects to take any action or pursue

45-36  any remedy authorized by this chapter or another specific statute,

45-37  that election is not exclusive and does not preclude the agency or

45-38  officer or another agency or officer from taking any other action

45-39  or pursuing any other remedy authorized by this chapter or

45-40  another specific statute.

45-41     Sec. 129.  NRS 640.210 is hereby amended to read as follows:

45-42     640.210  1.  The Board shall investigate every supposed

45-43  violation of this chapter coming to its notice and shall report to the

45-44  [proper district attorney] Attorney General all cases that in the

45-45  judgment of the Board warrant prosecution.

46-1      2.  Whenever any person has engaged or is about to engage in

46-2  any acts or practices which constitute or will constitute an offense

46-3  against this chapter, the district court of any county, on application

46-4  of the Board, may issue an injunction or any other order restraining

46-5  such conduct. Proceedings under this subsection [shall be] are

46-6  governed by Rule 65 of the Nevada Rules of Civil Procedure, except

46-7  that no bond or undertaking [shall be] is required in any action

46-8  commenced by the Board.

46-9      Sec. 130.  Chapter 640A of NRS is hereby amended by adding

46-10  thereto the provisions set forth as sections 131 to 134, inclusive, of

46-11  this act.

46-12     Sec. 131.  1.  The Attorney General has primary jurisdiction

46-13  for the enforcement of the provisions of this chapter. The Attorney

46-14  General shall, if appropriate, investigate and prosecute a person

46-15  who violates:

46-16     (a) Any provision of this chapter, a regulation adopted

46-17  pursuant to this chapter or an order of the Board; or

46-18     (b) Any other law or regulation if the violation is committed by

46-19  the person in the course of committing a violation described in

46-20  paragraph (a).

46-21     2.  The Attorney General shall, if appropriate, investigate and

46-22  prosecute a person who is alleged to have committed a violation

46-23  described in subsection 1 whether or not:

46-24     (a) The Board notifies the Attorney General of the alleged

46-25  violation;

46-26     (b) The Board takes any disciplinary action against the person

46-27  alleged to have committed the violation;

46-28     (c) Any other person files a complaint against the person

46-29  alleged to have committed the violation; or

46-30     (d) A civil action is commenced against the person alleged to

46-31  have committed the violation.

46-32     3.  When acting pursuant to this section, the Attorney General

46-33  may commence his investigation and file a criminal action without

46-34  leave of court, and the Attorney General has exclusive charge of

46-35  the conduct of the prosecution.

46-36     4.  Except as otherwise provided by the Constitution of the

46-37  United States, the Constitution of this state or a specific statute, a

46-38  person shall, if requested, provide the Attorney General with

46-39  information that would assist in the prosecution of any other

46-40  person who is alleged to have committed a violation described in

46-41  subsection 1. If a person fails, without reasonable cause, to

46-42  provide the Attorney General with such information upon request,

46-43  the person is guilty of a misdemeanor.

 

47-1      Sec. 132.  1.  The Attorney General may bring any

47-2  appropriate civil action against a person to enforce any provision

47-3  of this chapter, a regulation adopted pursuant to this chapter or an

47-4  order of the Board, including, without limitation, an order of the

47-5  Board:

47-6      (a) Imposing an administrative fine; or

47-7      (b) Suspending, revoking or placing conditions upon a license.

47-8      2.  If the Attorney General prevails in any civil action brought

47-9  pursuant to this chapter, the court shall order the person against

47-10  whom the civil action was brought to pay:

47-11     (a) Court costs; and

47-12     (b) Reasonable costs of the investigation and prosecution of

47-13  the civil action.

47-14     3.  Whether or not the Attorney General brings a civil action

47-15  against a person pursuant to this chapter, the Attorney General

47-16  may prosecute the person for a criminal violation pursuant to this

47-17  chapter.

47-18     Sec. 133.  In addition to any other penalty, if a person is

47-19  convicted of a violation of any provision of this chapter, a

47-20  regulation adopted pursuant to this chapter or an order of the

47-21  Board, the court shall order the person to pay:

47-22     1.  Court costs; and

47-23     2.  Reasonable costs of the investigation and prosecution of

47-24  the violation.

47-25     Sec. 134.  1.  The actions and remedies authorized by this

47-26  chapter are cumulative.

47-27     2.  If an agency or officer elects to take any action or pursue

47-28  any remedy authorized by this chapter or another specific statute,

47-29  that election is not exclusive and does not preclude the agency or

47-30  officer or another agency or officer from taking any other action

47-31  or pursuing any other remedy authorized by this chapter or

47-32  another specific statute.

47-33     Sec. 135.  Chapter 641 of NRS is hereby amended by adding

47-34  thereto the provisions set forth as sections 136 to 139, inclusive, of

47-35  this act.

47-36     Sec. 136.  1.  The Attorney General has primary jurisdiction

47-37  for the enforcement of the provisions of this chapter. The Attorney

47-38  General shall, if appropriate, investigate and prosecute a person

47-39  who violates:

47-40     (a) Any provision of this chapter, a regulation adopted

47-41  pursuant to this chapter or an order of the Board; or

47-42     (b) Any other law or regulation if the violation is committed by

47-43  the person in the course of committing a violation described in

47-44  paragraph (a).

48-1      2.  The Attorney General shall, if appropriate, investigate and

48-2  prosecute a person who is alleged to have committed a violation

48-3  described in subsection 1 whether or not:

48-4      (a) The Board notifies the Attorney General of the alleged

48-5  violation;

48-6      (b) The Board takes any disciplinary action against the person

48-7  alleged to have committed the violation;

48-8      (c) Any other person files a complaint against the person

48-9  alleged to have committed the violation; or

48-10     (d) A civil action is commenced against the person alleged to

48-11  have committed the violation.

48-12     3.  When acting pursuant to this section, the Attorney General

48-13  may commence his investigation and file a criminal action without

48-14  leave of court, and the Attorney General has exclusive charge of

48-15  the conduct of the prosecution.

48-16     4.  Except as otherwise provided by the Constitution of the

48-17  United States, the Constitution of this state or a specific statute, a

48-18  person shall, if requested, provide the Attorney General with

48-19  information that would assist in the prosecution of any other

48-20  person who is alleged to have committed a violation described in

48-21  subsection 1. If a person fails, without reasonable cause, to

48-22  provide the Attorney General with such information upon request,

48-23  the person is guilty of a misdemeanor.

48-24     Sec. 137.  1.  The Attorney General may bring any

48-25  appropriate civil action against a person to enforce any provision

48-26  of this chapter, a regulation adopted pursuant to this chapter or an

48-27  order of the Board, including, without limitation, an order of the

48-28  Board:

48-29     (a) Imposing an administrative fine; or

48-30     (b) Suspending, revoking or placing conditions upon a license.

48-31     2.  If the Attorney General prevails in any civil action brought

48-32  pursuant to this chapter, the court shall order the person against

48-33  whom the civil action was brought to pay:

48-34     (a) Court costs; and

48-35     (b) Reasonable costs of the investigation and prosecution of

48-36  the civil action.

48-37     3.  Whether or not the Attorney General brings a civil action

48-38  against a person pursuant to this chapter, the Attorney General

48-39  may prosecute the person for a criminal violation pursuant to this

48-40  chapter.

48-41     Sec. 138.  In addition to any other penalty, if a person is

48-42  convicted of a violation of any provision of this chapter, a

48-43  regulation adopted pursuant to this chapter or an order of the

48-44  Board, the court shall order the person to pay:

 

49-1      1.  Court costs; and

49-2      2.  Reasonable costs of the investigation and prosecution of

49-3  the violation.

49-4      Sec. 139.  1.  The actions and remedies authorized by this

49-5  chapter are cumulative.

49-6      2.  If an agency or officer elects to take any action or pursue

49-7  any remedy authorized by this chapter or another specific statute,

49-8  that election is not exclusive and does not preclude the agency or

49-9  officer or another agency or officer from taking any other action

49-10  or pursuing any other remedy authorized by this chapter or

49-11  another specific statute.

49-12     Sec. 140.  NRS 641.285 is hereby amended to read as follows:

49-13     641.285  In any proceeding before the Board, a panel of its

49-14  members or a hearing officer:

49-15     1.  Proof of actual injury need not be established where the

49-16  complaint charges deceptive or unethical professional conduct or

49-17  practice of psychology harmful to the public.

49-18     2.  A certified copy of the record of a court or a licensing

49-19  agency showing a conviction or the suspension or revocation of a

49-20  license to practice psychology is conclusive evidence of its

49-21  occurrence.

49-22     [3.  The entering of a plea of nolo contendere in a court of

49-23  competent jurisdiction shall be deemed a conviction of the offense

49-24  charged.]

49-25     Sec. 141.  Chapter 641A of NRS is hereby amended by adding

49-26  thereto the provisions set forth as sections 142 to 145, inclusive, of

49-27  this act.

49-28     Sec. 142.  1.  The Attorney General has primary jurisdiction

49-29  for the enforcement of the provisions of this chapter. The Attorney

49-30  General shall, if appropriate, investigate and prosecute a person

49-31  who violates:

49-32     (a) Any provision of this chapter, a regulation adopted

49-33  pursuant to this chapter or an order of the Board; or

49-34     (b) Any other law or regulation if the violation is committed by

49-35  the person in the course of committing a violation described in

49-36  paragraph (a).

49-37     2.  The Attorney General shall, if appropriate, investigate and

49-38  prosecute a person who is alleged to have committed a violation

49-39  described in subsection 1 whether or not:

49-40     (a) The Board notifies the Attorney General of the alleged

49-41  violation;

49-42     (b) The Board takes any disciplinary action against the person

49-43  alleged to have committed the violation;

49-44     (c) Any other person files a complaint against the person

49-45  alleged to have committed the violation; or

50-1      (d) A civil action is commenced against the person alleged to

50-2  have committed the violation.

50-3      3.  When acting pursuant to this section, the Attorney General

50-4  may commence his investigation and file a criminal action without

50-5  leave of court, and the Attorney General has exclusive charge of

50-6  the conduct of the prosecution.

50-7      4.  Except as otherwise provided by the Constitution of the

50-8  United States, the Constitution of this state or a specific statute, a

50-9  person shall, if requested, provide the Attorney General with

50-10  information that would assist in the prosecution of any other

50-11  person who is alleged to have committed a violation described in

50-12  subsection 1. If a person fails, without reasonable cause, to

50-13  provide the Attorney General with such information upon request,

50-14  the person is guilty of a misdemeanor.

50-15     Sec. 143.  1.  The Attorney General may bring any

50-16  appropriate civil action against a person to enforce any provision

50-17  of this chapter, a regulation adopted pursuant to this chapter or an

50-18  order of the Board, including, without limitation, an order of the

50-19  Board:

50-20     (a) Imposing an administrative fine; or

50-21     (b) Suspending, revoking or placing conditions upon a license.

50-22     2.  If the Attorney General prevails in any civil action brought

50-23  pursuant to this chapter, the court shall order the person against

50-24  whom the civil action was brought to pay:

50-25     (a) Court costs; and

50-26     (b) Reasonable costs of the investigation and prosecution of

50-27  the civil action.

50-28     3.  Whether or not the Attorney General brings a civil action

50-29  against a person pursuant to this chapter, the Attorney General

50-30  may prosecute the person for a criminal violation pursuant to this

50-31  chapter.

50-32     Sec. 144.  In addition to any other penalty, if a person is

50-33  convicted of a violation of any provision of this chapter, a

50-34  regulation adopted pursuant to this chapter or an order of the

50-35  Board, the court shall order the person to pay:

50-36     1.  Court costs; and

50-37     2.  Reasonable costs of the investigation and prosecution of

50-38  the violation.

50-39     Sec. 145.  1.  The actions and remedies authorized by this

50-40  chapter are cumulative.

50-41     2.  If an agency or officer elects to take any action or pursue

50-42  any remedy authorized by this chapter or another specific statute,

50-43  that election is not exclusive and does not preclude the agency or

50-44  officer or another agency or officer from taking any other action

51-1  or pursuing any other remedy authorized by this chapter or

51-2  another specific statute.

51-3      Sec. 146.  Chapter 641B of NRS is hereby amended by adding

51-4  thereto the provisions set forth as sections 147 to 150, inclusive, of

51-5  this act.

51-6      Sec. 147.  1.  The Attorney General has primary jurisdiction

51-7  for the enforcement of the provisions of this chapter. The Attorney

51-8  General shall, if appropriate, investigate and prosecute a person

51-9  who violates:

51-10     (a) Any provision of this chapter, a regulation adopted

51-11  pursuant to this chapter or an order of the Board; or

51-12     (b) Any other law or regulation if the violation is committed by

51-13  the person in the course of committing a violation described in

51-14  paragraph (a).

51-15     2.  The Attorney General shall, if appropriate, investigate and

51-16  prosecute a person who is alleged to have committed a violation

51-17  described in subsection 1 whether or not:

51-18     (a) The Board notifies the Attorney General of the alleged

51-19  violation;

51-20     (b) The Board takes any disciplinary action against the person

51-21  alleged to have committed the violation;

51-22     (c) Any other person files a complaint against the person

51-23  alleged to have committed the violation; or

51-24     (d) A civil action is commenced against the person alleged to

51-25  have committed the violation.

51-26     3.  When acting pursuant to this section, the Attorney General

51-27  may commence his investigation and file a criminal action without

51-28  leave of court, and the Attorney General has exclusive charge of

51-29  the conduct of the prosecution.

51-30     4.  Except as otherwise provided by the Constitution of the

51-31  United States, the Constitution of this state or a specific statute, a

51-32  person shall, if requested, provide the Attorney General with

51-33  information that would assist in the prosecution of any other

51-34  person who is alleged to have committed a violation described in

51-35  subsection 1. If a person fails, without reasonable cause, to

51-36  provide the Attorney General with such information upon request,

51-37  the person is guilty of a misdemeanor.

51-38     Sec. 148.  1.  The Attorney General may bring any

51-39  appropriate civil action against a person to enforce any provision

51-40  of this chapter, a regulation adopted pursuant to this chapter or an

51-41  order of the Board, including, without limitation, an order of the

51-42  Board:

51-43     (a) Imposing an administrative fine; or

51-44     (b) Suspending, revoking or placing conditions upon a license.

52-1      2.  If the Attorney General prevails in any civil action brought

52-2  pursuant to this chapter, the court shall order the person against

52-3  whom the civil action was brought to pay:

52-4      (a) Court costs; and

52-5      (b) Reasonable costs of the investigation and prosecution of

52-6  the civil action.

52-7      3.  Whether or not the Attorney General brings a civil action

52-8  against a person pursuant to this chapter, the Attorney General

52-9  may prosecute the person for a criminal violation pursuant to this

52-10  chapter.

52-11     Sec. 149.  In addition to any other penalty, if a person is

52-12  convicted of a violation of any provision of this chapter, a

52-13  regulation adopted pursuant to this chapter or an order of the

52-14  Board, the court shall order the person to pay:

52-15     1.  Court costs; and

52-16     2.  Reasonable costs of the investigation and prosecution of

52-17  the violation.

52-18     Sec. 150.  1.  The actions and remedies authorized by this

52-19  chapter are cumulative.

52-20     2.  If an agency or officer elects to take any action or pursue

52-21  any remedy authorized by this chapter or another specific statute,

52-22  that election is not exclusive and does not preclude the agency or

52-23  officer or another agency or officer from taking any other action

52-24  or pursuing any other remedy authorized by this chapter or

52-25  another specific statute.

52-26     Sec. 151.  Chapter 641C of NRS is hereby amended by adding

52-27  thereto the provisions set forth as sections 152 to 155, inclusive, of

52-28  this act.

52-29     Sec. 152.  1.  The Attorney General has primary jurisdiction

52-30  for the enforcement of the provisions of this chapter. The Attorney

52-31  General shall, if appropriate, investigate and prosecute a person

52-32  who violates:

52-33     (a) Any provision of this chapter, a regulation adopted

52-34  pursuant to this chapter or an order of the Board; or

52-35     (b) Any other law or regulation if the violation is committed by

52-36  the person in the course of committing a violation described in

52-37  paragraph (a).

52-38     2.  The Attorney General shall, if appropriate, investigate and

52-39  prosecute a person who is alleged to have committed a violation

52-40  described in subsection 1 whether or not:

52-41     (a) The Board notifies the Attorney General of the alleged

52-42  violation;

52-43     (b) The Board takes any disciplinary action against the person

52-44  alleged to have committed the violation;

53-1      (c) Any other person files a complaint against the person

53-2  alleged to have committed the violation; or

53-3      (d) A civil action is commenced against the person alleged to

53-4  have committed the violation.

53-5      3.  When acting pursuant to this section, the Attorney General

53-6  may commence his investigation and file a criminal action without

53-7  leave of court, and the Attorney General has exclusive charge of

53-8  the conduct of the prosecution.

53-9      4.  Except as otherwise provided by the Constitution of the

53-10  United States, the Constitution of this state or a specific statute, a

53-11  person shall, if requested, provide the Attorney General with

53-12  information that would assist in the prosecution of any other

53-13  person who is alleged to have committed a violation described in

53-14  subsection 1. If a person fails, without reasonable cause, to

53-15  provide the Attorney General with such information upon request,

53-16  the person is guilty of a misdemeanor.

53-17     Sec. 153.  1.  The Attorney General may bring any

53-18  appropriate civil action against a person to enforce any provision

53-19  of this chapter, a regulation adopted pursuant to this chapter or an

53-20  order of the Board, including, without limitation, an order of the

53-21  Board:

53-22     (a) Imposing an administrative fine; or

53-23     (b) Suspending, revoking or placing conditions upon a license

53-24  or certificate.

53-25     2.  If the Attorney General prevails in any civil action brought

53-26  pursuant to this chapter, the court shall order the person against

53-27  whom the civil action was brought to pay:

53-28     (a) Court costs; and

53-29     (b) Reasonable costs of the investigation and prosecution of

53-30  the civil action.

53-31     3.  Whether or not the Attorney General brings a civil action

53-32  against a person pursuant to this chapter, the Attorney General

53-33  may prosecute the person for a criminal violation pursuant to this

53-34  chapter.

53-35     Sec. 154.  In addition to any other penalty, if a person is

53-36  convicted of a violation of any provision of this chapter, a

53-37  regulation adopted pursuant to this chapter or an order of the

53-38  Board, the court shall order the person to pay:

53-39     1.  Court costs; and

53-40     2.  Reasonable costs of the investigation and prosecution of

53-41  the violation.

53-42     Sec. 155.  1.  The actions and remedies authorized by this

53-43  chapter are cumulative.

53-44     2.  If an agency or officer elects to take any action or pursue

53-45  any remedy authorized by this chapter or another specific statute,

54-1  that election is not exclusive and does not preclude the agency or

54-2  officer or another agency or officer from taking any other action

54-3  or pursuing any other remedy authorized by this chapter or

54-4  another specific statute.

54-5      Sec. 156.  Chapter 642 of NRS is hereby amended by adding

54-6  thereto the provisions set forth as sections 157 to 160, inclusive, of

54-7  this act.

54-8      Sec. 157.  1.  The Attorney General has primary jurisdiction

54-9  for the enforcement of the provisions of this chapter. The Attorney

54-10  General shall, if appropriate, investigate and prosecute a person

54-11  who violates:

54-12     (a) Any provision of this chapter, a regulation adopted

54-13  pursuant to this chapter or an order of the Board; or

54-14     (b) Any other law or regulation if the violation is committed by

54-15  the person in the course of committing a violation described in

54-16  paragraph (a).

54-17     2.  The Attorney General shall, if appropriate, investigate and

54-18  prosecute a person who is alleged to have committed a violation

54-19  described in subsection 1 whether or not:

54-20     (a) The Board notifies the Attorney General of the alleged

54-21  violation;

54-22     (b) The Board takes any disciplinary action against the person

54-23  alleged to have committed the violation;

54-24     (c) Any other person files a complaint against the person

54-25  alleged to have committed the violation; or

54-26     (d) A civil action is commenced against the person alleged to

54-27  have committed the violation.

54-28     3.  When acting pursuant to this section, the Attorney General

54-29  may commence his investigation and file a criminal action without

54-30  leave of court, and the Attorney General has exclusive charge of

54-31  the conduct of the prosecution.

54-32     4.  Except as otherwise provided by the Constitution of the

54-33  United States, the Constitution of this state or a specific statute, a

54-34  person shall, if requested, provide the Attorney General with

54-35  information that would assist in the prosecution of any other

54-36  person who is alleged to have committed a violation described in

54-37  subsection 1. If a person fails, without reasonable cause, to

54-38  provide the Attorney General with such information upon request,

54-39  the person is guilty of a misdemeanor.

54-40     Sec. 158.  1.  The Attorney General may bring any

54-41  appropriate civil action against a person to enforce any provision

54-42  of this chapter, a regulation adopted pursuant to this chapter or an

54-43  order of the Board, including, without limitation, an order of the

54-44  Board:

54-45     (a) Imposing an administrative fine; or

55-1      (b) Suspending, revoking or placing conditions upon a license,

55-2  certificate or permit.

55-3      2.  If the Attorney General prevails in any civil action brought

55-4  pursuant to this chapter, the court shall order the person against

55-5  whom the civil action was brought to pay:

55-6      (a) Court costs; and

55-7      (b) Reasonable costs of the investigation and prosecution of

55-8  the civil action.

55-9      3.  Whether or not the Attorney General brings a civil action

55-10  against a person pursuant to this chapter, the Attorney General

55-11  may prosecute the person for a criminal violation pursuant to this

55-12  chapter.

55-13     Sec. 159.  In addition to any other penalty, if a person is

55-14  convicted of a violation of any provision of this chapter, a

55-15  regulation adopted pursuant to this chapter or an order of the

55-16  Board, the court shall order the person to pay:

55-17     1.  Court costs; and

55-18     2.  Reasonable costs of the investigation and prosecution of

55-19  the violation.

55-20     Sec. 160.  1.  The actions and remedies authorized by this

55-21  chapter are cumulative.

55-22     2.  If an agency or officer elects to take any action or pursue

55-23  any remedy authorized by this chapter or another specific statute,

55-24  that election is not exclusive and does not preclude the agency or

55-25  officer or another agency or officer from taking any other action

55-26  or pursuing any other remedy authorized by this chapter or

55-27  another specific statute.

55-28     Sec. 161.  Chapter 643 of NRS is hereby amended by adding

55-29  thereto the provisions set forth as sections 162 to 165, inclusive, of

55-30  this act.

55-31     Sec. 162.  1.  The Attorney General has primary jurisdiction

55-32  for the enforcement of the provisions of this chapter. The Attorney

55-33  General shall, if appropriate, investigate and prosecute a person

55-34  who violates:

55-35     (a) Any provision of this chapter, a regulation adopted

55-36  pursuant to this chapter or an order of the Board; or

55-37     (b) Any other law or regulation if the violation is committed by

55-38  the person in the course of committing a violation described in

55-39  paragraph (a).

55-40     2.  The Attorney General shall, if appropriate, investigate and

55-41  prosecute a person who is alleged to have committed a violation

55-42  described in subsection 1 whether or not:

55-43     (a) The Board notifies the Attorney General of the alleged

55-44  violation;

56-1      (b) The Board takes any disciplinary action against the person

56-2  alleged to have committed the violation;

56-3      (c) Any other person files a complaint against the person

56-4  alleged to have committed the violation; or

56-5      (d) A civil action is commenced against the person alleged to

56-6  have committed the violation.

56-7      3.  When acting pursuant to this section, the Attorney General

56-8  may commence his investigation and file a criminal action without

56-9  leave of court, and the Attorney General has exclusive charge of

56-10  the conduct of the prosecution.

56-11     4.  Except as otherwise provided by the Constitution of the

56-12  United States, the Constitution of this state or a specific statute, a

56-13  person shall, if requested, provide the Attorney General with

56-14  information that would assist in the prosecution of any other

56-15  person who is alleged to have committed a violation described in

56-16  subsection 1. If a person fails, without reasonable cause, to

56-17  provide the Attorney General with such information upon request,

56-18  the person is guilty of a misdemeanor.

56-19     Sec. 163.  1.  The Attorney General may bring any

56-20  appropriate civil action against a person to enforce any provision

56-21  of this chapter, a regulation adopted pursuant to this chapter or an

56-22  order of the Board, including, without limitation, an order of the

56-23  Board:

56-24     (a) Imposing an administrative fine; or

56-25     (b) Suspending, revoking or placing conditions upon a license.

56-26     2.  If the Attorney General prevails in any civil action brought

56-27  pursuant to this chapter, the court shall order the person against

56-28  whom the civil action was brought to pay:

56-29     (a) Court costs; and

56-30     (b) Reasonable costs of the investigation and prosecution of

56-31  the civil action.

56-32     3.  Whether or not the Attorney General brings a civil action

56-33  against a person pursuant to this chapter, the Attorney General

56-34  may prosecute the person for a criminal violation pursuant to this

56-35  chapter.

56-36     Sec. 164.  In addition to any other penalty, if a person is

56-37  convicted of a violation of any provision of this chapter, a

56-38  regulation adopted pursuant to this chapter or an order of the

56-39  Board, the court shall order the person to pay:

56-40     1.  Court costs; and

56-41     2.  Reasonable costs of the investigation and prosecution of

56-42  the violation.

 

 

57-1      Sec. 165.  1.  The actions and remedies authorized by this

57-2  chapter are cumulative.

57-3      2.  If an agency or officer elects to take any action or pursue

57-4  any remedy authorized by this chapter or another specific statute,

57-5  that election is not exclusive and does not preclude the agency or

57-6  officer or another agency or officer from taking any other action

57-7  or pursuing any other remedy authorized by this chapter or

57-8  another specific statute.

57-9      Sec. 166.  Chapter 644 of NRS is hereby amended by adding

57-10  thereto the provisions set forth as sections 167 to 170, inclusive, of

57-11  this act.

57-12     Sec. 167.  1.  The Attorney General has primary jurisdiction

57-13  for the enforcement of the provisions of this chapter. The Attorney

57-14  General shall, if appropriate, investigate and prosecute a person

57-15  who violates:

57-16     (a) Any provision of this chapter, a regulation adopted

57-17  pursuant to this chapter or an order of the Board; or

57-18     (b) Any other law or regulation if the violation is committed by

57-19  the person in the course of committing a violation described in

57-20  paragraph (a).

57-21     2.  The Attorney General shall, if appropriate, investigate and

57-22  prosecute a person who is alleged to have committed a violation

57-23  described in subsection 1 whether or not:

57-24     (a) The Board notifies the Attorney General of the alleged

57-25  violation;

57-26     (b) The Board takes any disciplinary action against the person

57-27  alleged to have committed the violation;

57-28     (c) Any other person files a complaint against the person

57-29  alleged to have committed the violation; or

57-30     (d) A civil action is commenced against the person alleged to

57-31  have committed the violation.

57-32     3.  When acting pursuant to this section, the Attorney General

57-33  may commence his investigation and file a criminal action without

57-34  leave of court, and the Attorney General has exclusive charge of

57-35  the conduct of the prosecution.

57-36     4.  Except as otherwise provided by the Constitution of the

57-37  United States, the Constitution of this state or a specific statute, a

57-38  person shall, if requested, provide the Attorney General with

57-39  information that would assist in the prosecution of any other

57-40  person who is alleged to have committed a violation described in

57-41  subsection 1. If a person fails, without reasonable cause, to

57-42  provide the Attorney General with such information upon request,

57-43  the person is guilty of a misdemeanor.

 

58-1      Sec. 168.  1.  The Attorney General may bring any

58-2  appropriate civil action against a person to enforce any provision

58-3  of this chapter, a regulation adopted pursuant to this chapter or an

58-4  order of the Board, including, without limitation, an order of the

58-5  Board:

58-6      (a) Imposing an administrative fine; or

58-7      (b) Suspending, revoking or placing conditions upon a license

58-8  or certificate.

58-9      2.  If the Attorney General prevails in any civil action brought

58-10  pursuant to this chapter, the court shall order the person against

58-11  whom the civil action was brought to pay:

58-12     (a) Court costs; and

58-13     (b) Reasonable costs of the investigation and prosecution of

58-14  the civil action.

58-15     3.  Whether or not the Attorney General brings a civil action

58-16  against a person pursuant to this chapter, the Attorney General

58-17  may prosecute the person for a criminal violation pursuant to this

58-18  chapter.

58-19     Sec. 169.  In addition to any other penalty, if a person is

58-20  convicted of a violation of any provision of this chapter, a

58-21  regulation adopted pursuant to this chapter or an order of the

58-22  Board, the court shall order the person to pay:

58-23     1.  Court costs; and

58-24     2.  Reasonable costs of the investigation and prosecution of

58-25  the violation.

58-26     Sec. 170.  1.  The actions and remedies authorized by this

58-27  chapter are cumulative.

58-28     2.  If an agency or officer elects to take any action or pursue

58-29  any remedy authorized by this chapter or another specific statute,

58-30  that election is not exclusive and does not preclude the agency or

58-31  officer or another agency or officer from taking any other action

58-32  or pursuing any other remedy authorized by this chapter or

58-33  another specific statute.

58-34     Sec. 171.  Chapter 645 of NRS is hereby amended by adding

58-35  thereto the provisions set forth as sections 172 to 175, inclusive, of

58-36  this act.

58-37     Sec. 172.  1.  The Attorney General has primary jurisdiction

58-38  for the enforcement of the provisions of this chapter. The Attorney

58-39  General shall, if appropriate, investigate and prosecute a person

58-40  who violates:

58-41     (a) Any provision of this chapter, a regulation adopted

58-42  pursuant to this chapter or an order of the Commission; or

58-43     (b) Any other law or regulation if the violation is committed by

58-44  the person in the course of committing a violation described in

58-45  paragraph (a).

59-1      2.  The Attorney General shall, if appropriate, investigate and

59-2  prosecute a person who is alleged to have committed a violation

59-3  described in subsection 1 whether or not:

59-4      (a) The Commission notifies the Attorney General of the

59-5  alleged violation;

59-6      (b) The Commission takes any disciplinary action against the

59-7  person alleged to have committed the violation;

59-8      (c) Any other person files a complaint against the person

59-9  alleged to have committed the violation; or

59-10     (d) A civil action is commenced against the person alleged to

59-11  have committed the violation.

59-12     3.  When acting pursuant to this section, the Attorney General

59-13  may commence his investigation and file a criminal action without

59-14  leave of court, and the Attorney General has exclusive charge of

59-15  the conduct of the prosecution.

59-16     4.  Except as otherwise provided by the Constitution of the

59-17  United States, the Constitution of this state or a specific statute, a

59-18  person shall, if requested, provide the Attorney General with

59-19  information that would assist in the prosecution of any other

59-20  person who is alleged to have committed a violation described in

59-21  subsection 1. If a person fails, without reasonable cause, to

59-22  provide the Attorney General with such information upon request,

59-23  the person is guilty of a misdemeanor.

59-24     Sec. 173.  1.  The Attorney General may bring any

59-25  appropriate civil action against a person to enforce any provision

59-26  of this chapter, a regulation adopted pursuant to this chapter or an

59-27  order of the Commission, including, without limitation, an order

59-28  of the Commission:

59-29     (a) Imposing an administrative fine; or

59-30     (b) Suspending, revoking or placing conditions upon a license,

59-31  permit or registration.

59-32     2.  If the Attorney General prevails in any civil action brought

59-33  pursuant to this chapter, the court shall order the person against

59-34  whom the civil action was brought to pay:

59-35     (a) Court costs; and

59-36     (b) Reasonable costs of the investigation and prosecution of

59-37  the civil action.

59-38     3.  Whether or not the Attorney General brings a civil action

59-39  against a person pursuant to this chapter, the Attorney General

59-40  may prosecute the person for a criminal violation pursuant to this

59-41  chapter.

59-42     Sec. 174.  In addition to any other penalty, if a person is

59-43  convicted of a violation of any provision of this chapter, a

59-44  regulation adopted pursuant to this chapter or an order of the

59-45  Commission, the court shall order the person to pay:

60-1      1.  Court costs; and

60-2      2.  Reasonable costs of the investigation and prosecution of

60-3  the violation.

60-4      Sec. 175.  1.  The actions and remedies authorized by this

60-5  chapter are cumulative.

60-6      2.  If an agency or officer elects to take any action or pursue

60-7  any remedy authorized by this chapter or another specific statute,

60-8  that election is not exclusive and does not preclude the agency or

60-9  officer or another agency or officer from taking any other action

60-10  or pursuing any other remedy authorized by this chapter or

60-11  another specific statute.

60-12     Sec. 176.  NRS 645.215 is hereby amended to read as follows:

60-13     645.215  1.  If the Real Estate Division has reason to believe

60-14  that fraud, deceit or false advertising is being, has been or is to be

60-15  perpetrated in connection with the proposed or completed sale,

60-16  purchase, rental, lease or exchange of any vacant or unimproved

60-17  land or subdivision outside the corporate limits of any city, it may

60-18  investigate the circumstances of such sale, purchase, rental, lease or

60-19  exchange.

60-20     2.  If such investigation reveals any evidence of fraud, deceit or

60-21  false advertising which has influenced or induced or may influence

60-22  or induce the sale, purchase, rental, lease or exchange, the Real

60-23  Estate Division shall advise the Attorney General . [or the district

60-24  attorney of the county in which the land or subdivision is located.

60-25  The district attorney or, upon the request of the Administrator, the]

60-26  The Attorney General shall cause appropriate legal action to be

60-27  taken to enjoin any further sale, purchase, rental, lease or exchange

60-28  until the fraud, deceit or false advertising is eliminated and

60-29  restitution has been made for any loss.

60-30     3.  [Nothing in this section shall] The provisions of this section

60-31  do not prevent prosecution of any person in a criminal action under

60-32  the provisions of any other law.

60-33     Sec. 177.  NRS 645.230 is hereby amended to read as follows:

60-34     645.230  1.  It is unlawful for any person, limited-liability

60-35  company, partnership, association or corporation to engage in the

60-36  business of, act in the capacity of, advertise or assume to act as, a:

60-37     (a) Real estate broker, real estate broker-salesman or real estate

60-38  salesman within the State of Nevada without first obtaining the

60-39  appropriate license from the Real Estate Division as provided for in

60-40  this chapter; or

60-41     (b) Property manager within the State of Nevada without first

60-42  obtaining from the Real Estate Division as provided for in this

60-43  chapter a license as a real estate broker, real estate broker-salesman

60-44  or real estate salesman and a permit to engage in property

60-45  management.

61-1      2.  The Real Estate Division may prefer a complaint for a

61-2  violation of this section before any court of competent jurisdiction

61-3  and may assist in presenting the law or facts upon any trial for a

61-4  violation of this section.

61-5      [3.  The district attorney of each county shall prosecute all

61-6  violations of this section in their respective counties in which

61-7  violations occur, unless prosecuted by the Attorney General. Upon

61-8  the request of the Administrator, the Attorney General shall

61-9  prosecute any violation of this section in lieu of the district

61-10  attorney.]

61-11     Sec. 178.  NRS 645.330 is hereby amended to read as follows:

61-12     645.330  1.  Except as otherwise provided by specific statute,

61-13  the Division may approve an application for a license for a person

61-14  who meets all the following requirements:

61-15     (a) Has a good reputation for honesty, trustworthiness and

61-16  integrity and who offers proof of those qualifications satisfactory to

61-17  the Division.

61-18     (b) Has not made a false statement of material fact on his

61-19  application.

61-20     (c) Is competent to transact the business of a real estate broker,

61-21  broker-salesman or salesman in a manner which will safeguard the

61-22  interests of the public.

61-23     (d) Has submitted the statement required pursuant to NRS

61-24  645.358 if the person is a natural person.

61-25     (e) Has passed the examination.

61-26     2.  The Division:

61-27     (a) May deny a license to any person who has been convicted of

61-28  [, or entered a plea of guilty, guilty but mentally ill or nolo

61-29  contendere to,] forgery, embezzlement, obtaining money under false

61-30  pretenses, larceny, extortion, conspiracy to defraud, engaging in a

61-31  real estate business without a license, possessing for the purpose of

61-32  sale any controlled substance or any crime involving moral

61-33  turpitude, in any court of competent jurisdiction in the United States

61-34  or elsewhere; and

61-35     (b) Shall not issue a license to such a person until at least 3 years

61-36  after:

61-37         (1) The person pays any fine or restitution ordered by the

61-38  court; or

61-39         (2) The expiration of the period of the person’s parole,

61-40  probation or sentence,

61-41  whichever is later.

61-42     3.  Suspension or revocation of a license pursuant to this

61-43  chapter or any prior revocation or current suspension in this or any

61-44  other state, district or territory of the United States or any foreign

62-1  country within 10 years before the date of the application is grounds

62-2  for refusal to grant a license.

62-3      4.  A person may not be licensed as a real estate broker unless

62-4  he has been actively engaged as a full-time licensed real estate

62-5  broker-salesman or salesman in this state, or actively engaged as a

62-6  full-time licensed real estate broker, broker-salesman or salesman in

62-7  another state or the District of Columbia, for at least 2 of the 4 years

62-8  immediately preceding the issuance of a broker’s license.

62-9      Sec. 179.  NRS 645.350 is hereby amended to read as follows:

62-10     645.350  1.  An application for a license as a real estate broker,

62-11  broker-salesman or salesman must be submitted in writing to the

62-12  Division upon blanks prepared or furnished by the Division.

62-13     2.  Every application for a real estate broker’s, broker-

62-14  salesman’s or salesman’s license must set forth the following

62-15  information:

62-16     (a) The name, age and address of the applicant. If the applicant

62-17  is a partnership or an association which is applying to do business as

62-18  a real estate broker, the application must contain the name and

62-19  address of each member thereof. If the application is for a

62-20  corporation which is applying to do business as a real estate

62-21  salesman, real estate broker-salesman or real estate broker, the

62-22  application must contain the name and address of each officer and

62-23  director thereof. If the applicant is a limited-liability company which

62-24  is applying to do business as a real estate broker, the company’s

62-25  articles of organization must designate a manager, and the name and

62-26  address of the manager and each member must be listed in the

62-27  application.

62-28     (b) In the case of a broker, the name under which the business is

62-29  to be conducted. The name is a fictitious name if it does not contain

62-30  the name of the applicant or the names of the members of the

62-31  applicant’s company, firm, partnership or association. Except as

62-32  otherwise provided in NRS 645.387, a license must not be issued

62-33  under a fictitious name which includes the name of a real estate

62-34  salesman or broker-salesman. A license must not be issued under the

62-35  same fictitious name to more than one licensee within [the] this

62-36  state. All licensees doing business under a fictitious name shall

62-37  comply with other pertinent statutory regulations regarding the use

62-38  of fictitious names.

62-39     (c) In the case of a broker, the place or places, including the

62-40  street number, city and county, where the business is to be

62-41  conducted.

62-42     (d) If the applicant is a natural person, the social security

62-43  number of the applicant.

63-1      (e) The business or occupation engaged in by the applicant for at

63-2  least 2 years immediately preceding the date of the application, and

63-3  the location thereof.

63-4      (f) The time and place of the applicant’s previous experience in

63-5  the real estate business as a broker or salesman.

63-6      (g) Whether the applicant has ever been convicted of or is under

63-7  indictment for a felony [or has entered a plea of guilty, guilty but

63-8  mentally ill or nolo contendere to a charge of felony,] and , if so, the

63-9  nature of the felony.

63-10     (h) Whether the applicant has been convicted of [or entered a

63-11  plea of nolo contendere to] forgery, embezzlement, obtaining money

63-12  under false pretenses, larceny, extortion, conspiracy to defraud,

63-13  engaging in the business of selling real estate without a license or

63-14  any crime involving moral turpitude.

63-15     (i) Whether the applicant has been refused a real estate broker’s,

63-16  broker-salesman’s or salesman’s license in any state, or whether his

63-17  license as a broker or salesman has been revoked or suspended by

63-18  any other state, district or territory of the United States or any other

63-19  country.

63-20     (j) If the applicant is a member of a limited-liability company,

63-21  partnership or association, or an officer of a corporation, the name

63-22  and address of the office of the limited-liability company,

63-23  partnership, association or corporation of which the applicant is a

63-24  member or officer.

63-25     3.  An applicant for a license as a broker-salesman or salesman

63-26  shall provide a verified statement from the broker with whom he

63-27  will be associated, expressing the intent of that broker to associate

63-28  the applicant with him and to be responsible for the applicant’s

63-29  activities as a licensee.

63-30     4.  If a limited-liability company, partnership or association is

63-31  to do business as a real estate broker, the application for a broker’s

63-32  license must be verified by at least two members thereof. If a

63-33  corporation is to do business as a real estate broker, the application

63-34  must be verified by the president and the secretary thereof.

63-35     Sec. 180.  NRS 645.633 is hereby amended to read as follows:

63-36     645.633  1.  The Commission may take action pursuant to

63-37  NRS 645.630 against any person subject to that section who is

63-38  guilty of:

63-39     (a) Willfully using any trade name, service mark or insigne of

63-40  membership in any real estate organization of which the licensee is

63-41  not a member, without the legal right to do so.

63-42     (b) Violating any order of the Commission, any agreement with

63-43  the Division, any of the provisions of this chapter, chapter 116, 119,

63-44  119A, 119B, 645A or 645C of NRS or any regulation adopted

63-45  [thereunder.] pursuant thereto.

64-1      (c) Paying a commission, compensation or a finder’s fee to any

64-2  person for performing the services of a broker, broker-salesman or

64-3  salesman who has not secured his license pursuant to this chapter.

64-4  This subsection does not apply to payments to a broker who is

64-5  licensed in his state of residence.

64-6      (d) A felony[, or has entered a plea of guilty, guilty but

64-7  mentally ill or nolo contendere to a charge of felony] or any crime

64-8  involving fraud, deceit, misrepresentation or moral turpitude.

64-9      (e) Guaranteeing, or having authorized or permitted any person

64-10  to guarantee, future profits which may result from the resale of real

64-11  property.

64-12     (f) Failure to include a fixed date of expiration in any written

64-13  brokerage agreement or to leave a copy of the brokerage agreement

64-14  with the client.

64-15     (g) Accepting, giving or charging any undisclosed commission,

64-16  rebate or direct profit on expenditures made for a client.

64-17     (h) Gross negligence or incompetence in performing any act for

64-18  which he is required to hold a license pursuant to this chapter,

64-19  chapter 119, 119A or 119B of NRS.

64-20     (i) Any other conduct which constitutes deceitful, fraudulent or

64-21  dishonest dealing.

64-22     (j) Any conduct which took place before he became licensed,

64-23  which was [in fact] unknown to the Division and which would have

64-24  been grounds for denial of a license had the Division been aware of

64-25  the conduct.

64-26     (k) Knowingly permitting any person whose license has been

64-27  revoked or suspended to act as a real estate broker, broker-salesman

64-28  or salesman, with or on behalf of the licensee.

64-29     (l) Recording or causing to be recorded a claim pursuant to the

64-30  provisions of NRS 645.8701 to 645.8811, inclusive, that is

64-31  determined by a district court to be frivolous and made without

64-32  reasonable cause pursuant to NRS 645.8791.

64-33     2.  The Commission may take action pursuant to NRS 645.630

64-34  against a person who is subject to that section for the suspension or

64-35  revocation of a real estate broker’s, broker-salesman’s or salesman’s

64-36  license issued to him by any other jurisdiction.

64-37     3.  The Commission may take action pursuant to NRS 645.630

64-38  against any person who:

64-39     (a) Holds a permit to engage in property management issued

64-40  pursuant to NRS 645.6052; and

64-41     (b) In connection with any property for which the person has

64-42  obtained a written brokerage agreement to manage the property

64-43  pursuant to NRS 645.6056:

64-44         (1) Is convicted of violating any of the provisions of

64-45  NRS 202.470;

65-1          (2) Has been notified in writing by the appropriate

65-2  governmental agency of a potential violation of NRS 244.360,

65-3  244.3603 or 268.4124, and has failed to inform the owner of the

65-4  property of [such] the notification; or

65-5          (3) Has been directed in writing by the owner of the property

65-6  to correct a potential violation of NRS 244.360, 244.3603 or

65-7  268.4124, and has failed to correct the potential violation, if [such]

65-8  the corrective action is within the scope of the person’s duties

65-9  pursuant to the written brokerage agreement.

65-10     4.  The Division shall maintain a log of any complaints that it

65-11  receives relating to activities for which the Commission may take

65-12  action against a person holding a permit to engage in property

65-13  management pursuant to subsection 3.

65-14     5.  On or before February 1 of each odd-numbered year, the

65-15  Division shall submit to the Director of the Legislative Counsel

65-16  Bureau a written report setting forth, for the previous biennium:

65-17     (a) Any complaints included in the log maintained by the

65-18  Division pursuant to subsection 4; and

65-19     (b) Any disciplinary actions taken by the Commission pursuant

65-20  to subsection 3.

65-21     Sec. 181.  Chapter 645A of NRS is hereby amended by adding

65-22  thereto the provisions set forth as sections 182 to 185, inclusive, of

65-23  this act.

65-24     Sec. 182.  1.  The Attorney General has primary jurisdiction

65-25  for the enforcement of the provisions of this chapter. The Attorney

65-26  General shall, if appropriate, investigate and prosecute a person

65-27  who violates:

65-28     (a) Any provision of this chapter, a regulation adopted

65-29  pursuant to this chapter or an order of the Commissioner; or

65-30     (b) Any other law or regulation if the violation is committed by

65-31  the person in the course of committing a violation described in

65-32  paragraph (a).

65-33     2.  The Attorney General shall, if appropriate, investigate and

65-34  prosecute a person who is alleged to have committed a violation

65-35  described in subsection 1 whether or not:

65-36     (a) The Commissioner notifies the Attorney General of the

65-37  alleged violation;

65-38     (b) The Commissioner takes any disciplinary action against

65-39  the person alleged to have committed the violation;

65-40     (c) Any other person files a complaint against the person

65-41  alleged to have committed the violation; or

65-42     (d) A civil action is commenced against the person alleged to

65-43  have committed the violation.

65-44     3.  When acting pursuant to this section, the Attorney General

65-45  may commence his investigation and file a criminal action without

66-1  leave of court, and the Attorney General has exclusive charge of

66-2  the conduct of the prosecution.

66-3      4.  Except as otherwise provided by the Constitution of the

66-4  United States, the Constitution of this state or a specific statute, a

66-5  person shall, if requested, provide the Attorney General with

66-6  information that would assist in the prosecution of any other

66-7  person who is alleged to have committed a violation described in

66-8  subsection 1. If a person fails, without reasonable cause, to

66-9  provide the Attorney General with such information upon request,

66-10  the person is guilty of a misdemeanor.

66-11     Sec. 183.  1.  The Attorney General may bring any

66-12  appropriate civil action against a person to enforce any provision

66-13  of this chapter, a regulation adopted pursuant to this chapter or an

66-14  order of the Commissioner, including, without limitation, an order

66-15  of the Commissioner:

66-16     (a) Imposing an administrative fine; or

66-17     (b) Suspending, revoking or placing conditions upon a license.

66-18     2.  If the Attorney General prevails in any civil action brought

66-19  pursuant to this chapter, the court shall order the person against

66-20  whom the civil action was brought to pay:

66-21     (a) Court costs; and

66-22     (b) Reasonable costs of the investigation and prosecution of

66-23  the civil action.

66-24     3.  Whether or not the Attorney General brings a civil action

66-25  against a person pursuant to this chapter, the Attorney General

66-26  may prosecute the person for a criminal violation pursuant to this

66-27  chapter.

66-28     Sec. 184.  In addition to any other penalty, if a person is

66-29  convicted of a violation of any provision of this chapter, a

66-30  regulation adopted pursuant to this chapter or an order of the

66-31  Commissioner, the court shall order the person to pay:

66-32     1.  Court costs; and

66-33     2.  Reasonable costs of the investigation and prosecution of

66-34  the violation.

66-35     Sec. 185.  1.  The actions and remedies authorized by this

66-36  chapter are cumulative.

66-37     2.  If an agency or officer elects to take any action or pursue

66-38  any remedy authorized by this chapter or another specific statute,

66-39  that election is not exclusive and does not preclude the agency or

66-40  officer or another agency or officer from taking any other action

66-41  or pursuing any other remedy authorized by this chapter or

66-42  another specific statute.

 

 

67-1      Sec. 186.  NRS 645A.110 is hereby amended to read as

67-2  follows:

67-3      645A.110  1.  The Commissioner may conduct an

67-4  investigation if it appears that an escrow agent or agency is

67-5  conducting business in an unsafe and injurious manner or in

67-6  violation of this chapter or if it appears that any person is engaging

67-7  in the escrow business without being licensed pursuant to the

67-8  provisions of this chapter.

67-9      2.  If upon investigation it appears that the agent or agency is so

67-10  conducting business or an unlicensed person is engaged in the

67-11  escrow business, the Commissioner may:

67-12     (a) Order the person to discontinue conducting business in an

67-13  injurious manner or in violation of this chapter. A person may,

67-14  within 30 days after receiving the order, file a verified petition with

67-15  the Commissioner for a hearing. If the Commissioner does not hold

67-16  a hearing within 30 days after the petition is filed or issue a written

67-17  decision within 45 days after the hearing is held, the order is

67-18  rescinded.

67-19     (b) [So advise the district attorney of the county in which the

67-20  business is conducted or the Attorney General. The district attorney

67-21  or the Attorney General shall cause the appropriate legal action to be

67-22  taken to enjoin the operation of the business or prosecute the

67-23  violations of this chapter.

67-24     (c)] Bring suit in the name and on behalf of the State of Nevada

67-25  against the person and any other person concerned in or in any way

67-26  participating in or about to participate in the unsafe or injurious

67-27  practices or action in violation of this chapter or regulations

67-28  [thereunder] adopted pursuant thereto to enjoin that person from

67-29  continuing those practices or engaging therein or doing any such act.

67-30     3.  If the Commissioner brings suit, the district court of any

67-31  county of this state may grant an injunction to prevent and restrain

67-32  the unsafe, injurious or illegal practices or transactions. The court

67-33  may, during the pendency of the proceedings before it, issue such

67-34  temporary restraining orders as may appear to be just and proper.

67-35  The findings of the Commissioner shall be deemed to be prima facie

67-36  evidence and sufficient ground, in the discretion of the court, for the

67-37  issuance ex parte of a temporary restraining order. In any such court

67-38  proceedings , the Commissioner may apply for and on due showing

67-39  is entitled to have issued the court’s subpoena requiring forthwith

67-40  the appearance of any defendant and his employees and the

67-41  production of documents, books and records as may appear

67-42  necessary for the hearing of the petition, to testify and give evidence

67-43  concerning the acts or conduct or things complained of in the

67-44  application for injunction.

68-1      Sec. 187.  Chapter 645B of NRS is hereby amended by adding

68-2  thereto a new section to read as follows:

68-3      1.  The actions and remedies authorized by this chapter are

68-4  cumulative.

68-5      2.  If an agency or officer elects to take any action or pursue

68-6  any remedy authorized by this chapter or another specific statute,

68-7  that election is not exclusive and does not preclude the agency or

68-8  officer or another agency or officer from taking any other action

68-9  or pursuing any other remedy authorized by this chapter or

68-10  another specific statute.

68-11     Sec. 188.  NRS 645B.020 is hereby amended to read as

68-12  follows:

68-13     645B.020  1.  A person who wishes to be licensed as a

68-14  mortgage broker must file a written application for a license with the

68-15  office of the Commissioner and pay the fee required pursuant to

68-16  NRS 645B.050. An application for a license as a mortgage broker

68-17  must:

68-18     (a) Be verified.

68-19     (b) State the name, residence address and business address of

68-20  the applicant , and the location of each principal office and branch

68-21  office at which the mortgage broker will conduct business within

68-22  this state.

68-23     (c) State the name under which the applicant will conduct

68-24  business as a mortgage broker.

68-25     (d) List the name, residence address and business address of

68-26  each person who will:

68-27         (1) If the applicant is not a natural person, have an interest in

68-28  the mortgage broker as a principal, partner, officer, director or

68-29  trustee, specifying the capacity and title of each such person.

68-30         (2) Be associated with or employed by the mortgage broker

68-31  as a mortgage agent.

68-32     (e) If the applicant is a natural person, include the social security

68-33  number of the applicant.

68-34     (f) Include a general business plan and a description of the

68-35  policies and procedures that the mortgage broker and his mortgage

68-36  agents will follow to arrange and service loans and to conduct

68-37  business pursuant to this chapter.

68-38     (g) State the length of time the applicant has been engaged in the

68-39  business of a broker.

68-40     (h) Include a financial statement of the applicant and, if

68-41  applicable, satisfactory proof that the applicant will be able to

68-42  maintain continuously the net worth required pursuant to

68-43  NRS 645B.115.

69-1      (i) Include any other information required pursuant to the

69-2  regulations adopted by the Commissioner or an order of the

69-3  Commissioner.

69-4      2.  If a mortgage broker will conduct business at one or more

69-5  branch offices within this state, the mortgage broker must apply for

69-6  a license for each such branch office.

69-7      3.  Except as otherwise provided in this chapter, the

69-8  Commissioner shall issue a license to an applicant as a mortgage

69-9  broker if:

69-10     (a) The application complies with the requirements of this

69-11  chapter;

69-12     (b) The applicant submits the statement required pursuant to

69-13  NRS 645B.023, if the applicant is required to do so; and

69-14     (c) The applicant and each general partner, officer or director of

69-15  the applicant, if the applicant is a partnership, corporation or

69-16  unincorporated association:

69-17         (1) Has a good reputation for honesty, trustworthiness and

69-18  integrity and displays competence to transact the business of a

69-19  mortgage broker in a manner which safeguards the interests of the

69-20  general public. The applicant must submit satisfactory proof of these

69-21  qualifications to the Commissioner.

69-22         (2) Has not been convicted of[, or entered a plea of nolo

69-23  contendere to,] a felony or any crime involving fraud,

69-24  misrepresentation or moral turpitude.

69-25         (3) Has not made a false statement of material fact on his

69-26  application.

69-27         (4) Has not had a license that was issued pursuant to the

69-28  provisions of this chapter or chapter 645E of NRS suspended or

69-29  revoked within the 10 years immediately preceding the date of his

69-30  application.

69-31         (5) Has not had a license that was issued in any other state,

69-32  district or territory of the United States or any foreign country

69-33  suspended or revoked within the 10 years immediately preceding the

69-34  date of his application.

69-35         (6) Has not violated any provision of this chapter or chapter

69-36  645E of NRS, a regulation adopted pursuant thereto or an order of

69-37  the Commissioner.

69-38     Sec. 189.  NRS 645B.0243 is hereby amended to read as

69-39  follows:

69-40     645B.0243  The Commissioner may refuse to issue a license to

69-41  an applicant if the Commissioner has reasonable cause to believe

69-42  that the applicant or any general partner, officer or director of the

69-43  applicant has, after October 1, 1999, employed or proposed to

69-44  employ a person as a mortgage agent or authorized or proposed to

69-45  authorize a person to be associated with a mortgage broker as a

70-1  mortgage agent at a time when the applicant or the general partner,

70-2  officer or director knew or, in light of all the surrounding facts and

70-3  circumstances, reasonably should have known that the person:

70-4      1.  Had been convicted of[, or entered a plea of nolo

70-5  contendere to,] a felony or any crime involving fraud,

70-6  misrepresentation or moral turpitude; or

70-7      2.  Had a financial services license or registration suspended or

70-8  revoked within the immediately preceding 10 years.

70-9      Sec. 190.  NRS 645B.450 is hereby amended to read as

70-10  follows:

70-11     645B.450  1.  A person shall not act as or provide any of the

70-12  services of a mortgage agent or otherwise engage in, carry on or

70-13  hold himself out as engaging in or carrying on the activities of a

70-14  mortgage agent if the person:

70-15     (a) Has been convicted of[, or entered a plea of nolo contendere

70-16  to,] a felony or any crime involving fraud, misrepresentation or

70-17  moral turpitude; or

70-18     (b) Has had a financial services license or registration suspended

70-19  or revoked within the immediately preceding 10 years.

70-20     2.  A mortgage agent may not be associated with or employed

70-21  by more than one mortgage broker at the same time.

70-22     3.  A mortgage broker shall register with the Division each

70-23  person who will be associated with or employed by the mortgage

70-24  broker as a mortgage agent. A mortgage broker shall register each

70-25  such person with the Division when the person begins his

70-26  association or employment with the mortgage broker and annually

70-27  thereafter. A registration expires 12 months after its effective date.

70-28     4.  To register a person as a mortgage agent, a mortgage broker

70-29  must:

70-30     (a) Submit to the Division a registration form which is provided

70-31  by the Division and which:

70-32         (1) States the name, residence address and business address

70-33  of the person;

70-34         (2) Is signed by the person;

70-35         (3) Includes a provision by which the person gives his

70-36  written consent to an investigation of his credit history, criminal

70-37  history and background; and

70-38         (4) Includes any other information or supporting materials

70-39  required by the regulations adopted by the Commissioner. Such

70-40  information or supporting materials may include, without limitation,

70-41  a complete set of fingerprints from the person, the social security

70-42  number of the person and other forms of identification of the person.

70-43     (b) For each initial registration, pay the actual costs and

70-44  expenses incurred by the Division to investigate the credit history,

70-45  criminal history and background of the person. All money received

71-1  pursuant to this paragraph must be placed in the Investigative

71-2  Account for Financial Institutions created by NRS 232.545.

71-3      (c) For each annual registration, submit to the Division

71-4  satisfactory proof that the person attended at least 5 hours of

71-5  certified courses of continuing education during the 12 months

71-6  immediately preceding the date on which the registration expires.

71-7      5.  Not later than the date on which the mortgage broker

71-8  submits the information for annual registration required by

71-9  subsection 4, the person being registered [shall] must pay an annual

71-10  registration fee of $125. If the person does not pay the annual

71-11  registration fee, the person shall be deemed to be unregistered for

71-12  the purposes of this chapter.

71-13     6.  A mortgage broker shall not employ a person as a mortgage

71-14  agent or authorize a person to be associated with the mortgage

71-15  broker as a mortgage agent if the mortgage broker has not registered

71-16  the person with the Division pursuant to this section or if the person:

71-17     (a) Has been convicted of[, or entered a plea of nolo contendere

71-18  to,] a felony or any crime involving fraud, misrepresentation or

71-19  moral turpitude; or

71-20     (b) Has had a financial services license or registration suspended

71-21  or revoked within the immediately preceding 10 years.

71-22     7.  If a mortgage agent terminates his association or

71-23  employment with a mortgage broker for any reason, the mortgage

71-24  broker shall, not later than the third business day following the date

71-25  of termination:

71-26     (a) Deliver to the mortgage agent or send by certified mail to the

71-27  last known residence address of the mortgage agent a written

71-28  statement which advises him that his termination is being reported

71-29  to the Division; and

71-30     (b) Deliver or send by certified mail to the Division:

71-31         (1) A written statement of the circumstances surrounding the

71-32  termination; and

71-33         (2) A copy of the written statement that the mortgage broker

71-34  delivers or mails to the mortgage agent pursuant to paragraph (a).

71-35     8.  As used in this section, “certified course of continuing

71-36  education” has the meaning ascribed to it in NRS 645B.051.

71-37     Sec. 191.  NRS 645B.670 is hereby amended to read as

71-38  follows:

71-39     645B.670  Except as otherwise provided in NRS 645B.690:

71-40     1.  For each violation committed by an applicant, whether or

71-41  not he is issued a license, the Commissioner may impose upon the

71-42  applicant an administrative fine of not more than $10,000, if the

71-43  applicant:

71-44     (a) Has knowingly made or caused to be made to the

71-45  Commissioner any false representation of material fact;

72-1      (b) Has suppressed or withheld from the Commissioner any

72-2  information which the applicant possesses and which, if submitted

72-3  by him, would have rendered the applicant ineligible to be licensed

72-4  pursuant to the provisions of this chapter; or

72-5      (c) Has violated any provision of this chapter, a regulation

72-6  adopted pursuant to this chapter or an order of the Commissioner in

72-7  completing and filing his application for a license or during the

72-8  course of the investigation of his application for a license.

72-9      2.  For each violation committed by a licensee, the

72-10  Commissioner may impose upon the licensee an administrative fine

72-11  of not more than $10,000, may suspend, revoke or place conditions

72-12  upon his license, or may do both, if the licensee, whether or not

72-13  acting as such:

72-14     (a) Is insolvent;

72-15     (b) Is grossly negligent or incompetent in performing any act for

72-16  which he is required to be licensed pursuant to the provisions of this

72-17  chapter;

72-18     (c) Does not conduct his business in accordance with law or has

72-19  violated any provision of this chapter, a regulation adopted pursuant

72-20  to this chapter or an order of the Commissioner;

72-21     (d) Is in such financial condition that he cannot continue in

72-22  business with safety to his customers;

72-23     (e) Has made a material misrepresentation in connection with

72-24  any transaction governed by this chapter;

72-25     (f) Has suppressed or withheld from a client any material facts,

72-26  data or other information relating to any transaction governed by the

72-27  provisions of this chapter which the licensee knew or, by the

72-28  exercise of reasonable diligence, should have known;

72-29     (g) Has knowingly made or caused to be made to the

72-30  Commissioner any false representation of material fact or has

72-31  suppressed or withheld from the Commissioner any information

72-32  which the licensee possesses and which, if submitted by him, would

72-33  have rendered the licensee ineligible to be licensed pursuant to the

72-34  provisions of this chapter;

72-35     (h) Has failed to account to persons interested for all money

72-36  received for a trust account;

72-37     (i) Has refused to permit an examination by the Commissioner

72-38  of his books and affairs or has refused or failed, within a reasonable

72-39  time, to furnish any information or make any report that may be

72-40  required by the Commissioner pursuant to the provisions of this

72-41  chapter or a regulation adopted pursuant to this chapter;

72-42     (j) Has been convicted of[, or entered a plea of nolo contendere

72-43  to,] a felony or any crime involving fraud, misrepresentation or

72-44  moral turpitude;

73-1      (k) Has refused or failed to pay, within a reasonable time, any

73-2  fees, assessments, costs or expenses that the licensee is required to

73-3  pay pursuant to this chapter or a regulation adopted pursuant to this

73-4  chapter;

73-5      (l) Has failed to satisfy a claim made by a client which has been

73-6  reduced to judgment;

73-7      (m) Has failed to account for or to remit any money of a client

73-8  within a reasonable time after a request for an accounting or

73-9  remittal;

73-10     (n) Has commingled the money or other property of a client

73-11  with his own or has converted the money or property of others to his

73-12  own use;

73-13     (o) Has engaged in any other conduct constituting a deceitful,

73-14  fraudulent or dishonest business practice;

73-15     (p) Has repeatedly violated the policies and procedures of the

73-16  mortgage broker;

73-17     (q) Has failed to exercise reasonable supervision over the

73-18  activities of a mortgage agent as required by NRS 645B.460;

73-19     (r) Has instructed a mortgage agent to commit an act that would

73-20  be cause for the revocation of the license of the mortgage broker,

73-21  whether or not the mortgage agent commits the act;

73-22     (s) Has employed a person as a mortgage agent or authorized a

73-23  person to be associated with the licensee as a mortgage agent at a

73-24  time when the licensee knew or, in light of all the surrounding facts

73-25  and circumstances, reasonably should have known that the person:

73-26         (1) Had been convicted of[, or entered a plea of nolo

73-27  contendere to,] a felony or any crime involving fraud,

73-28  misrepresentation or moral turpitude; or

73-29         (2) Had a financial services license or registration suspended

73-30  or revoked within the immediately preceding 10 years; or

73-31     (t) Has not conducted verifiable business as a mortgage broker

73-32  for 12 consecutive months, except in the case of a new applicant.

73-33  The Commissioner shall determine whether a mortgage broker is

73-34  conducting business by examining the monthly reports of activity

73-35  submitted by the licensee or by conducting an examination of the

73-36  licensee.

73-37     Sec. 192.  NRS 645B.950 is hereby amended to read as

73-38  follows:

73-39     645B.950  1.  Except as otherwise provided in NRS 645B.960,

73-40  a person, or any general partner, director, officer, agent or employee

73-41  of a person, who violates any provision of this chapter, a regulation

73-42  adopted pursuant to this chapter or an order of the Commissioner is

73-43  guilty of a misdemeanor.

74-1      2.  In addition to any other penalty, if a person is convicted of

74-2  [or enters a plea of nolo contendere to] a violation described in

74-3  subsection 1, the court shall order the person to pay:

74-4      (a) Court costs; and

74-5      (b) Reasonable costs of the investigation and prosecution of the

74-6  violation.

74-7      Sec. 193.  NRS 645B.960 is hereby amended to read as

74-8  follows:

74-9      645B.960  1.  A person, or any general partner, director,

74-10  officer, agent or employee of a person, who violates any provision

74-11  of NRS 645B.165 to 645B.180, inclusive, is guilty of:

74-12     (a) A misdemeanor if the amount involved is less than $250;

74-13     (b) A gross misdemeanor if the amount involved is $250 or

74-14  more but less than $1,000; or

74-15     (c) A category D felony if the amount involved is $1,000 or

74-16  more, and shall be punished as provided in NRS 193.130.

74-17     2.  In addition to any other penalty, if a person is convicted of

74-18  [or enters a plea of nolo contendere to] a violation described in

74-19  subsection 1, the court shall order the person to pay:

74-20     (a) Court costs; and

74-21     (b) Reasonable costs of the investigation and prosecution of the

74-22  violation.

74-23     Sec. 194.  Chapter 645C of NRS is hereby amended by adding

74-24  thereto the provisions set forth as sections 195 to 198, inclusive, of

74-25  this act.

74-26     Sec. 195.  1.  The Attorney General has primary jurisdiction

74-27  for the enforcement of the provisions of this chapter. The Attorney

74-28  General shall, if appropriate, investigate and prosecute a person

74-29  who violates:

74-30     (a) Any provision of this chapter, a regulation adopted

74-31  pursuant to this chapter or an order of the Commission; or

74-32     (b) Any other law or regulation if the violation is committed by

74-33  the person in the course of committing a violation described in

74-34  paragraph (a).

74-35     2.  The Attorney General shall, if appropriate, investigate and

74-36  prosecute a person who is alleged to have committed a violation

74-37  described in subsection 1 whether or not:

74-38     (a) The Commission notifies the Attorney General of the

74-39  alleged violation;

74-40     (b) The Commission takes any disciplinary action against the

74-41  person alleged to have committed the violation;

74-42     (c) Any other person files a complaint against the person

74-43  alleged to have committed the violation; or

74-44     (d) A civil action is commenced against the person alleged to

74-45  have committed the violation.

75-1      3.  When acting pursuant to this section, the Attorney General

75-2  may commence his investigation and file a criminal action without

75-3  leave of court, and the Attorney General has exclusive charge of

75-4  the conduct of the prosecution.

75-5      4.  Except as otherwise provided by the Constitution of the

75-6  United States, the Constitution of this state or a specific statute, a

75-7  person shall, if requested, provide the Attorney General with

75-8  information that would assist in the prosecution of any other

75-9  person who is alleged to have committed a violation described in

75-10  subsection 1. If a person fails, without reasonable cause, to

75-11  provide the Attorney General with such information upon request,

75-12  the person is guilty of a misdemeanor.

75-13     Sec. 196.  1.  The Attorney General may bring any

75-14  appropriate civil action against a person to enforce any provision

75-15  of this chapter, a regulation adopted pursuant to this chapter or an

75-16  order of the Commission, including, without limitation, an order

75-17  of the Commission:

75-18     (a) Imposing an administrative fine; or

75-19     (b) Suspending, revoking or placing conditions upon a license,

75-20  certificate, permit or registration card.

75-21     2.  If the Attorney General prevails in any civil action brought

75-22  pursuant to this chapter, the court shall order the person against

75-23  whom the civil action was brought to pay:

75-24     (a) Court costs; and

75-25     (b) Reasonable costs of the investigation and prosecution of

75-26  the civil action.

75-27     3.  Whether or not the Attorney General brings a civil action

75-28  against a person pursuant to this chapter, the Attorney General

75-29  may prosecute the person for a criminal violation pursuant to this

75-30  chapter.

75-31     Sec. 197.  In addition to any other penalty, if a person is

75-32  convicted of a violation of any provision of this chapter, a

75-33  regulation adopted pursuant to this chapter or an order of the

75-34  Commission, the court shall order the person to pay:

75-35     1.  Court costs; and

75-36     2.  Reasonable costs of the investigation and prosecution of

75-37  the violation.

75-38     Sec. 198.  1.  The actions and remedies authorized by this

75-39  chapter are cumulative.

75-40     2.  If an agency or officer elects to take any action or pursue

75-41  any remedy authorized by this chapter or another specific statute,

75-42  that election is not exclusive and does not preclude the agency or

75-43  officer or another agency or officer from taking any other action

75-44  or pursuing any other remedy authorized by this chapter or

75-45  another specific statute.

76-1      Sec. 199.  NRS 645C.260 is hereby amended to read as

76-2  follows:

76-3      645C.260  1.  Any person who, in this state, engages in the

76-4  business of, acts in the capacity of, advertises or assumes to act as:

76-5      (a) An appraiser without first obtaining the appropriate

76-6  certificate, license or permit pursuant to this chapter; or

76-7      (b) An intern without first obtaining a registration card pursuant

76-8  to this chapter,

76-9  is guilty of a misdemeanor.

76-10     2.  The Division may file a complaint in any court of competent

76-11  jurisdiction for a violation of this section, and assist in presenting

76-12  the law or facts at any hearing upon the complaint.

76-13     [3.  At the request of the Administrator, the Attorney General

76-14  shall prosecute such a violation. Unless the violation is prosecuted

76-15  by the Attorney General, the district attorney shall prosecute a

76-16  violation which occurs in his county.]

76-17     Sec. 200.  NRS 645C.290 is hereby amended to read as

76-18  follows:

76-19     645C.290  An application for a certificate or license must be in

76-20  writing upon a form prepared and furnished by the Division. The

76-21  application must include the following information:

76-22     1.  The name, age and address of the applicant.

76-23     2.  The place or places, including the street number, city and

76-24  county, where the applicant intends to conduct business as an

76-25  appraiser.

76-26     3.  The business, occupation or other employment of the

76-27  applicant during the 5 years immediately preceding the date of the

76-28  application, and the location thereof.

76-29     4.  The periods during which, and the locations where, he

76-30  gained his experience as an intern.

76-31     5.  Whether the applicant has ever been convicted of[,] or is

76-32  under indictment for : [, or has entered a plea of guilty, guilty but

76-33  mentally ill or nolo contendere to:]

76-34     (a) A felony[,] and , if so, the nature of the felony.

76-35     (b) Forgery, embezzlement, obtaining money under false

76-36  pretenses, larceny, extortion, conspiracy to defraud or any crime

76-37  involving moral turpitude.

76-38     6.  Whether the applicant has ever been refused a certificate,

76-39  license or permit to act as an appraiser, or has ever had such a

76-40  certificate, license or permit suspended or revoked, in any other

76-41  jurisdiction.

76-42     7.  If the applicant is a member of a partnership or association

76-43  or is an officer of a corporation, the name and address of the

76-44  principal office of the partnership, association or corporation.

76-45     8.  Any other information the Division requires.

77-1      Sec. 201.  NRS 645C.320 is hereby amended to read as

77-2  follows:

77-3      645C.320  1.  The Administrator shall issue a certificate or

77-4  license, as appropriate, to any person:

77-5      (a) Of good moral character, honesty and integrity;

77-6      (b) Who meets the educational requirements and has the

77-7  experience prescribed in NRS 645C.330;

77-8      (c) Who submits the statement required pursuant to NRS

77-9  645C.295; and

77-10     (d) Who, except as otherwise provided in NRS 645C.360, has

77-11  satisfactorily passed a written examination approved by the

77-12  Commission.

77-13     2.  The Administrator may deny an application for a certificate

77-14  or license to any person who:

77-15     (a) Has been convicted of[, or entered a plea of guilty, guilty

77-16  but mentally ill or nolo contendere to,] forgery, embezzlement,

77-17  obtaining money under false pretenses, larceny, extortion,

77-18  conspiracy to defraud or any crime involving moral turpitude;

77-19     (b) Makes a false statement of a material fact on his application;

77-20  or

77-21     (c) Has had a certificate, license or registration card suspended

77-22  or revoked pursuant to this chapter, or a certificate, license or permit

77-23  to act as an appraiser suspended or revoked in any other jurisdiction,

77-24  within the 10 years immediately preceding the date of his

77-25  application.

77-26     Sec. 202.  Chapter 645D of NRS is hereby amended by adding

77-27  thereto the provisions set forth as sections 203 to 206, inclusive, of

77-28  this act.

77-29     Sec. 203.  1.  The Attorney General has primary jurisdiction

77-30  for the enforcement of the provisions of this chapter. The Attorney

77-31  General shall, if appropriate, investigate and prosecute a person

77-32  who violates:

77-33     (a) Any provision of this chapter, a regulation adopted

77-34  pursuant to this chapter or an order of the Division; or

77-35     (b) Any other law or regulation if the violation is committed by

77-36  the person in the course of committing a violation described in

77-37  paragraph (a).

77-38     2.  The Attorney General shall, if appropriate, investigate and

77-39  prosecute a person who is alleged to have committed a violation

77-40  described in subsection 1 whether or not:

77-41     (a) The Division notifies the Attorney General of the alleged

77-42  violation;

77-43     (b) The Division takes any disciplinary action against the

77-44  person alleged to have committed the violation;

78-1      (c) Any other person files a complaint against the person

78-2  alleged to have committed the violation; or

78-3      (d) A civil action is commenced against the person alleged to

78-4  have committed the violation.

78-5      3.  When acting pursuant to this section, the Attorney General

78-6  may commence his investigation and file a criminal action without

78-7  leave of court, and the Attorney General has exclusive charge of

78-8  the conduct of the prosecution.

78-9      4.  Except as otherwise provided by the Constitution of the

78-10  United States, the Constitution of this state or a specific statute, a

78-11  person shall, if requested, provide the Attorney General with

78-12  information that would assist in the prosecution of any other

78-13  person who is alleged to have committed a violation described in

78-14  subsection 1. If a person fails, without reasonable cause, to

78-15  provide the Attorney General with such information upon request,

78-16  the person is guilty of a misdemeanor.

78-17     Sec. 204.  1.  The Attorney General may bring any

78-18  appropriate civil action against a person to enforce any provision

78-19  of this chapter, a regulation adopted pursuant to this chapter or an

78-20  order of the Division, including, without limitation, an order of the

78-21  Division:

78-22     (a) Imposing an administrative fine; or

78-23     (b) Suspending, revoking or placing conditions upon a

78-24  certificate.

78-25     2.  If the Attorney General prevails in any civil action brought

78-26  pursuant to this chapter, the court shall order the person against

78-27  whom the civil action was brought to pay:

78-28     (a) Court costs; and

78-29     (b) Reasonable costs of the investigation and prosecution of

78-30  the civil action.

78-31     3.  Whether or not the Attorney General brings a civil action

78-32  against a person pursuant to this chapter, the Attorney General

78-33  may prosecute the person for a criminal violation pursuant to this

78-34  chapter.

78-35     Sec. 205.  In addition to any other penalty, if a person is

78-36  convicted of a violation of any provision of this chapter, a

78-37  regulation adopted pursuant to this chapter or an order of the

78-38  Division, the court shall order the person to pay:

78-39     1.  Court costs; and

78-40     2.  Reasonable costs of the investigation and prosecution of

78-41  the violation.

78-42     Sec. 206.  1.  The actions and remedies authorized by this

78-43  chapter are cumulative.

78-44     2.  If an agency or officer elects to take any action or pursue

78-45  any remedy authorized by this chapter or another specific statute,

79-1  that election is not exclusive and does not preclude the agency or

79-2  officer or another agency or officer from taking any other action

79-3  or pursuing any other remedy authorized by this chapter or

79-4  another specific statute.

79-5      Sec. 207.  NRS 645D.160 is hereby amended to read as

79-6  follows:

79-7      645D.160  1.  Any person who, in this state, engages in the

79-8  business of, acts in the capacity of, or advertises or assumes to act as

79-9  an inspector without first obtaining a certificate pursuant to this

79-10  chapter is guilty of a misdemeanor.

79-11     2.  The Division may file a complaint in any court of competent

79-12  jurisdiction for a violation of this section and assist in presenting the

79-13  law or facts at any hearing upon the complaint.

79-14     [3.  At the request of the Administrator, the Attorney General

79-15  shall prosecute such a violation. Unless the violation is prosecuted

79-16  by the Attorney General, the district attorney shall prosecute a

79-17  violation that occurs in his county.]

79-18     Sec. 208.  NRS 645D.170 is hereby amended to read as

79-19  follows:

79-20     645D.170  An application for a certificate must be in writing

79-21  upon a form prepared and furnished by the Division. The application

79-22  must include the following information:

79-23     1.  The name, age, address and social security number of the

79-24  applicant.

79-25     2.  The place or places, including the street number, city and

79-26  county, at which the applicant intends to maintain an office to

79-27  conduct business as an inspector.

79-28     3.  The business, occupation or other employment of the

79-29  applicant during the 5 years immediately preceding the date of the

79-30  application, and the location thereof.

79-31     4.  The applicant’s education and experience to qualify for a

79-32  certificate.

79-33     5.  Whether the applicant has ever been convicted of[,] or is

79-34  under indictment for : [, or has entered a plea of guilty or nolo

79-35  contendere to:]

79-36     (a) A felony[,] and , if so, the nature of the felony.

79-37     (b) Forgery, embezzlement, obtaining money under false

79-38  pretenses, larceny, extortion, conspiracy to defraud or any crime

79-39  involving moral turpitude.

79-40     6.  If the applicant is a member of a partnership or association

79-41  or is an officer of a corporation, the name and address of the

79-42  principal office of the partnership, association or corporation.

79-43     7.  Any other information relating to the qualifications or

79-44  background of the applicant that the Division requires.

80-1      Sec. 209.  NRS 645D.200 is hereby amended to read as

80-2  follows:

80-3      645D.200  1.  The Administrator shall issue a certificate to any

80-4  person who:

80-5      (a) [Is of] Has good moral character, honesty and integrity;

80-6      (b) Has the education and experience prescribed in the

80-7  regulations adopted pursuant to NRS 645D.120;

80-8      (c) Has submitted proof that he or his employer holds a policy of

80-9  insurance that complies with the requirements of subsection 1 of

80-10  NRS 645D.190; and

80-11     (d) Has submitted the statement required pursuant to

80-12  NRS 645D.195.

80-13     2.  The Administrator may deny an application for a certificate

80-14  to any person who:

80-15     (a) Has been convicted of[, or entered a plea of guilty or nolo

80-16  contendere to,] forgery, embezzlement, obtaining money under false

80-17  pretenses, larceny, extortion, conspiracy to defraud or any crime

80-18  involving moral turpitude;

80-19     (b) Makes a false statement of a material fact on his application;

80-20     (c) Has had a certificate suspended or revoked pursuant to this

80-21  chapter within the 10 years immediately preceding the date of his

80-22  application; or

80-23     (d) Has not submitted proof that he or his employer holds a

80-24  policy of insurance that complies with the requirements of

80-25  subsection 1 of NRS 645D.190.

80-26     Sec. 210.  Chapter 645E of NRS is hereby amended by adding

80-27  thereto the provisions set forth as sections 211 to 214, inclusive, of

80-28  this act.

80-29     Sec. 211.  1.  The Attorney General has primary jurisdiction

80-30  for the enforcement of the provisions of this chapter. The Attorney

80-31  General shall, if appropriate, investigate and prosecute a person

80-32  who violates:

80-33     (a) Any provision of this chapter, a regulation adopted

80-34  pursuant to this chapter or an order of the Commissioner; or

80-35     (b) Any other law or regulation if the violation is committed by

80-36  the person in the course of committing a violation described in

80-37  paragraph (a).

80-38     2.  The Attorney General shall, if appropriate, investigate and

80-39  prosecute a person who is alleged to have committed a violation

80-40  described in subsection 1 whether or not:

80-41     (a) The Commissioner notifies the Attorney General of the

80-42  alleged violation;

80-43     (b) The Commissioner takes any disciplinary action against

80-44  the person alleged to have committed the violation;

81-1      (c) Any other person files a complaint against the person

81-2  alleged to have committed the violation; or

81-3      (d) A civil action is commenced against the person alleged to

81-4  have committed the violation.

81-5      3.  When acting pursuant to this section, the Attorney General

81-6  may commence his investigation and file a criminal action without

81-7  leave of court, and the Attorney General has exclusive charge of

81-8  the conduct of the prosecution.

81-9      4.  Except as otherwise provided by the Constitution of the

81-10  United States, the Constitution of this state or a specific statute, a

81-11  person shall, if requested, provide the Attorney General with

81-12  information that would assist in the prosecution of any other

81-13  person who is alleged to have committed a violation described in

81-14  subsection 1. If a person fails, without reasonable cause, to

81-15  provide the Attorney General with such information upon request,

81-16  the person is guilty of a misdemeanor.

81-17     Sec. 212.  1.  The Attorney General may bring any

81-18  appropriate civil action against a person to enforce any provision

81-19  of this chapter, a regulation adopted pursuant to this chapter or an

81-20  order of the Commissioner, including, without limitation, an order

81-21  of the Commissioner:

81-22     (a) Imposing an administrative fine; or

81-23     (b) Suspending, revoking or placing conditions upon a license.

81-24     2.  If the Attorney General prevails in any civil action brought

81-25  pursuant to this chapter, the court shall order the person against

81-26  whom the civil action was brought to pay:

81-27     (a) Court costs; and

81-28     (b) Reasonable costs of the investigation and prosecution of

81-29  the civil action.

81-30     3.  Whether or not the Attorney General brings a civil action

81-31  against a person pursuant to this chapter, the Attorney General

81-32  may prosecute the person for a criminal violation pursuant to this

81-33  chapter.

81-34     Sec. 213.  In addition to any other penalty, if a person is

81-35  convicted of a violation of any provision of this chapter, a

81-36  regulation adopted pursuant to this chapter or an order of the

81-37  Commissioner, the court shall order the person to pay:

81-38     1.  Court costs; and

81-39     2.  Reasonable costs of the investigation and prosecution of

81-40  the violation.

81-41     Sec. 214.  1.  The actions and remedies authorized by this

81-42  chapter are cumulative.

81-43     2.  If an agency or officer elects to take any action or pursue

81-44  any remedy authorized by this chapter or another specific statute,

81-45  that election is not exclusive and does not preclude the agency or

82-1  officer or another agency or officer from taking any other action

82-2  or pursuing any other remedy authorized by this chapter or

82-3  another specific statute.

82-4      Sec. 215.  NRS 645E.200 is hereby amended to read as

82-5  follows:

82-6      645E.200  1.  A person who wishes to be licensed as a

82-7  mortgage company must file a written application for a license with

82-8  the office of the Commissioner and pay the fee required pursuant to

82-9  NRS 645E.280. An application for a license as a mortgage company

82-10  must:

82-11     (a) Be verified.

82-12     (b) State the name, residence address and business address of

82-13  the applicant , and the location of each principal office and branch

82-14  office at which the mortgage company will conduct business in this

82-15  state, including, without limitation, any office or other place of

82-16  business located outside this state from which the mortgage

82-17  company will conduct business in this state.

82-18     (c) State the name under which the applicant will conduct

82-19  business as a mortgage company.

82-20     (d) If the applicant is not a natural person, list the name,

82-21  residence address and business address of each person who will

82-22  have an interest in the mortgage company as a principal, partner,

82-23  officer, director or trustee, specifying the capacity and title of each

82-24  such person.

82-25     (e) Indicate the general plan and character of the business.

82-26     (f) State the length of time the applicant has been engaged in the

82-27  business of a mortgage company.

82-28     (g) Include a financial statement of the applicant.

82-29     (h) Include any other information required pursuant to the

82-30  regulations adopted by the Commissioner or an order of the

82-31  Commissioner.

82-32     2.  If a mortgage company will conduct business in this state at

82-33  one or more branch offices, the mortgage company must apply for a

82-34  license for each such branch office.

82-35     3.  Except as otherwise provided in this chapter, the

82-36  Commissioner shall issue a license to an applicant as a mortgage

82-37  company if:

82-38     (a) The application complies with the requirements of this

82-39  chapter; and

82-40     (b) The applicant and each general partner, officer or director of

82-41  the applicant, if the applicant is a partnership, corporation or

82-42  unincorporated association:

82-43         (1) Has a good reputation for honesty, trustworthiness and

82-44  integrity and displays competence to transact the business of a

82-45  mortgage company in a manner which safeguards the interests of the

83-1  general public. The applicant must submit satisfactory proof of these

83-2  qualifications to the Commissioner.

83-3          (2) Has not been convicted of[, or entered a plea of nolo

83-4  contendere to,] a felony or any crime involving fraud,

83-5  misrepresentation or moral turpitude.

83-6          (3) Has not made a false statement of material fact on his

83-7  application.

83-8          (4) Has not had a license that was issued pursuant to the

83-9  provisions of this chapter or chapter 645B of NRS suspended or

83-10  revoked within the 10 years immediately preceding the date of his

83-11  application.

83-12         (5) Has not had a license that was issued in any other state,

83-13  district or territory of the United States or any foreign country

83-14  suspended or revoked within the 10 years immediately preceding the

83-15  date of his application.

83-16         (6) Has not violated any provision of this chapter or chapter

83-17  645B of NRS, a regulation adopted pursuant thereto or an order of

83-18  the Commissioner.

83-19     4.  If an applicant is a partnership, corporation or

83-20  unincorporated association, the Commissioner may refuse to issue a

83-21  license to the applicant if any member of the partnership or any

83-22  officer or director of the corporation or unincorporated association

83-23  has committed any act or omission that would be cause for refusing

83-24  to issue a license to a natural person.

83-25     5.  A person may apply for a license for an office or other place

83-26  of business located outside this state from which the applicant will

83-27  conduct business in this state if the applicant or a subsidiary or

83-28  affiliate of the applicant has a license issued pursuant to this chapter

83-29  for an office or other place of business located in this state and if the

83-30  applicant submits with the application for a license a statement

83-31  signed by the applicant which states that the applicant agrees to:

83-32     (a) Make available at a location within this state the books,

83-33  accounts, papers, records and files of the office or place of business

83-34  located outside this state to the Commissioner or a representative of

83-35  the Commissioner; or

83-36     (b) Pay the reasonable expenses for travel, meals and lodging of

83-37  the Commissioner or a representative of the Commissioner incurred

83-38  during any investigation or examination made at the office or place

83-39  of business located outside this state.

83-40  The applicant must be allowed to choose between paragraph (a) or

83-41  (b) in complying with the provisions of this subsection.

 

 

 

84-1      Sec. 216.  NRS 645E.620 is hereby amended to read as

84-2  follows:

84-3      645E.620  1.  Whether or not a complaint has been filed, the

84-4  Commissioner may investigate a mortgage company or other person

84-5  if, for any reason, it appears that:

84-6      (a) The mortgage company is conducting business in an unsafe

84-7  and injurious manner or in violation of any provision of this chapter,

84-8  a regulation adopted pursuant to this chapter or an order of the

84-9  Commissioner;

84-10     (b) The person is offering or providing any of the services of a

84-11  mortgage company or otherwise engaging in, carrying on or holding

84-12  himself out as engaging in or carrying on the business of a mortgage

84-13  company without being licensed or exempt from licensing pursuant

84-14  to the provisions of this chapter; or

84-15     (c) The person is violating any other provision of this chapter, a

84-16  regulation adopted pursuant to this chapter or an order of the

84-17  Commissioner.

84-18     2.  If, upon investigation, the Commissioner has reasonable

84-19  cause to believe that the mortgage company or other person has

84-20  engaged in any conduct or committed any violation described in

84-21  subsection 1, the Commissioner may[:

84-22     (a) Advise the district attorney of the county in which the

84-23  conduct or violation occurred, and the district attorney shall cause

84-24  the appropriate legal action to be taken against the mortgage

84-25  company or other person to enjoin the conduct or the operation of

84-26  the business or prosecute the violation; and

84-27     (b) Bring] bring a civil action to[:

84-28         (1) Enjoin the] enjoin:

84-29     (a) The mortgage company or other person from engaging in the

84-30  conduct, operating the business or committing the violation; and

84-31         [(2) Enjoin any]

84-32     (b) Any other person who has encouraged, facilitated, aided or

84-33  participated in the conduct, the operation of the business or the

84-34  commission of the violation, or who is likely to engage in [such]

84-35  those acts, from engaging in or continuing to engage in [such] those

84-36  acts.

84-37     3.  If the Commissioner brings a civil action pursuant to

84-38  subsection 2, the district court of any county of this state is hereby

84-39  vested with the jurisdiction in equity to enjoin the conduct, the

84-40  operation of the business or the commission of the violation and

84-41  may grant any injunctions that are necessary to prevent and restrain

84-42  the conduct, the operation of the business or the commission of the

84-43  violation. During the pendency of the proceedings before the district

84-44  court:

85-1      (a) The court may issue any temporary restraining orders as may

85-2  appear to be just and proper;

85-3      (b) The findings of the Commissioner shall be deemed to be

85-4  prima facie evidence and sufficient grounds, in the discretion of the

85-5  court, for the ex parte issuance of a temporary restraining order; and

85-6      (c) The Commissioner may apply for and on due showing is

85-7  entitled to have issued the court’s subpoena requiring forthwith the

85-8  appearance of any person to:

85-9          (1) Produce any documents, books and records as may

85-10  appear necessary for the hearing of the petition; and

85-11         (2) Testify and give evidence concerning the conduct

85-12  complained of in the petition.

85-13     Sec. 217.  NRS 645E.670 is hereby amended to read as

85-14  follows:

85-15     645E.670  1.  For each violation committed by an applicant,

85-16  whether or not he is issued a license, the Commissioner may impose

85-17  upon the applicant an administrative fine of not more than $10,000

85-18  [,] if the applicant:

85-19     (a) Has knowingly made or caused to be made to the

85-20  Commissioner any false representation of material fact;

85-21     (b) Has suppressed or withheld from the Commissioner any

85-22  information which the applicant possesses and which, if submitted

85-23  by him, would have rendered the applicant ineligible to be licensed

85-24  pursuant to the provisions of this chapter; or

85-25     (c) Has violated any provision of this chapter, a regulation

85-26  adopted pursuant to this chapter or an order of the Commissioner in

85-27  completing and filing his application for a license or during the

85-28  course of the investigation of his application for a license.

85-29     2.  For each violation committed by a licensee, the

85-30  Commissioner may impose upon the licensee an administrative fine

85-31  of not more than $10,000, may suspend, revoke or place conditions

85-32  upon his license, or may do both, if the licensee, whether or not

85-33  acting as such:

85-34     (a) Is insolvent;

85-35     (b) Is grossly negligent or incompetent in performing any act for

85-36  which he is required to be licensed pursuant to the provisions of this

85-37  chapter;

85-38     (c) Does not conduct his business in accordance with law or has

85-39  violated any provision of this chapter, a regulation adopted pursuant

85-40  to this chapter or an order of the Commissioner;

85-41     (d) Is in such financial condition that he cannot continue in

85-42  business with safety to his customers;

85-43     (e) Has made a material misrepresentation in connection with

85-44  any transaction governed by this chapter;

86-1      (f) Has suppressed or withheld from a client any material facts,

86-2  data or other information relating to any transaction governed by the

86-3  provisions of this chapter which the licensee knew or, by the

86-4  exercise of reasonable diligence, should have known;

86-5      (g) Has knowingly made or caused to be made to the

86-6  Commissioner any false representation of material fact or has

86-7  suppressed or withheld from the Commissioner any information

86-8  which the licensee possesses and which, if submitted by him, would

86-9  have rendered the licensee ineligible to be licensed pursuant to the

86-10  provisions of this chapter;

86-11     (h) Has failed to account to persons interested for all money

86-12  received for a trust account;

86-13     (i) Has refused to permit an examination by the Commissioner

86-14  of his books and affairs or has refused or failed, within a reasonable

86-15  time, to furnish any information or make any report that may be

86-16  required by the Commissioner pursuant to the provisions of this

86-17  chapter or a regulation adopted pursuant to this chapter;

86-18     (j) Has been convicted of[, or entered a plea of nolo contendere

86-19  to,] a felony or any crime involving fraud, misrepresentation or

86-20  moral turpitude;

86-21     (k) Has refused or failed to pay, within a reasonable time, any

86-22  fees, assessments, costs or expenses that the licensee is required to

86-23  pay pursuant to this chapter or a regulation adopted pursuant to this

86-24  chapter;

86-25     (l) Has failed to satisfy a claim made by a client which has been

86-26  reduced to judgment;

86-27     (m) Has failed to account for or to remit any money of a client

86-28  within a reasonable time after a request for an accounting or

86-29  remittal;

86-30     (n) Has commingled the money or other property of a client

86-31  with his own or has converted the money or property of others to his

86-32  own use; or

86-33     (o) Has engaged in any other conduct constituting a deceitful,

86-34  fraudulent or dishonest business practice.

86-35     Sec. 218.  Chapter 648 of NRS is hereby amended by adding

86-36  thereto the provisions set forth as sections 219 to 222, inclusive, of

86-37  this act.

86-38     Sec. 219.  1.  The Attorney General has primary jurisdiction

86-39  for the enforcement of the provisions of this chapter. The Attorney

86-40  General shall, if appropriate, investigate and prosecute a person

86-41  who violates:

86-42     (a) Any provision of this chapter, a regulation adopted

86-43  pursuant to this chapter or an order of the Board; or

87-1      (b) Any other law or regulation if the violation is committed by

87-2  the person in the course of committing a violation described in

87-3  paragraph (a).

87-4      2.  The Attorney General shall, if appropriate, investigate and

87-5  prosecute a person who is alleged to have committed a violation

87-6  described in subsection 1 whether or not:

87-7      (a) The Board notifies the Attorney General of the alleged

87-8  violation;

87-9      (b) The Board takes any disciplinary action against the person

87-10  alleged to have committed the violation;

87-11     (c) Any other person files a complaint against the person

87-12  alleged to have committed the violation; or

87-13     (d) A civil action is commenced against the person alleged to

87-14  have committed the violation.

87-15     3.  When acting pursuant to this section, the Attorney General

87-16  may commence his investigation and file a criminal action without

87-17  leave of court, and the Attorney General has exclusive charge of

87-18  the conduct of the prosecution.

87-19     4.  Except as otherwise provided by the Constitution of the

87-20  United States, the Constitution of this state or a specific statute, a

87-21  person shall, if requested, provide the Attorney General with

87-22  information that would assist in the prosecution of any other

87-23  person who is alleged to have committed a violation described in

87-24  subsection 1. If a person fails, without reasonable cause, to

87-25  provide the Attorney General with such information upon request,

87-26  the person is guilty of a misdemeanor.

87-27     Sec. 220.  1.  The Attorney General may bring any

87-28  appropriate civil action against a person to enforce any provision

87-29  of this chapter, a regulation adopted pursuant to this chapter or an

87-30  order of the Board, including, without limitation, an order of the

87-31  Board:

87-32     (a) Imposing an administrative fine; or

87-33     (b) Suspending, revoking or placing conditions upon a license.

87-34     2.  If the Attorney General prevails in any civil action brought

87-35  pursuant to this chapter, the court shall order the person against

87-36  whom the civil action was brought to pay:

87-37     (a) Court costs; and

87-38     (b) Reasonable costs of the investigation and prosecution of

87-39  the civil action.

87-40     3.  Whether or not the Attorney General brings a civil action

87-41  against a person pursuant to this chapter, the Attorney General

87-42  may prosecute the person for a criminal violation pursuant to this

87-43  chapter.

 

88-1      Sec. 221.  In addition to any other penalty, if a person is

88-2  convicted of a violation of any provision of this chapter, a

88-3  regulation adopted pursuant to this chapter or an order of the

88-4  Board, the court shall order the person to pay:

88-5      1.  Court costs; and

88-6      2.  Reasonable costs of the investigation and prosecution of

88-7  the violation.

88-8      Sec. 222.  1.  The actions and remedies authorized by this

88-9  chapter are cumulative.

88-10     2.  If an agency or officer elects to take any action or pursue

88-11  any remedy authorized by this chapter or another specific statute,

88-12  that election is not exclusive and does not preclude the agency or

88-13  officer or another agency or officer from taking any other action

88-14  or pursuing any other remedy authorized by this chapter or

88-15  another specific statute.

88-16     Sec. 223.  Chapter 649 of NRS is hereby amended by adding

88-17  thereto the provisions set forth as sections 224 to 227, inclusive, of

88-18  this act.

88-19     Sec. 224.  1.  The Attorney General has primary jurisdiction

88-20  for the enforcement of the provisions of this chapter. The Attorney

88-21  General shall, if appropriate, investigate and prosecute a person

88-22  who violates:

88-23     (a) Any provision of this chapter, a regulation adopted

88-24  pursuant to this chapter or an order of the Commissioner; or

88-25     (b) Any other law or regulation if the violation is committed by

88-26  the person in the course of committing a violation described in

88-27  paragraph (a).

88-28     2.  The Attorney General shall, if appropriate, investigate and

88-29  prosecute a person who is alleged to have committed a violation

88-30  described in subsection 1 whether or not:

88-31     (a) The Commissioner notifies the Attorney General of the

88-32  alleged violation;

88-33     (b) The Commissioner takes any disciplinary action against

88-34  the person alleged to have committed the violation;

88-35     (c) Any other person files a complaint against the person

88-36  alleged to have committed the violation; or

88-37     (d) A civil action is commenced against the person alleged to

88-38  have committed the violation.

88-39     3.  When acting pursuant to this section, the Attorney General

88-40  may commence his investigation and file a criminal action without

88-41  leave of court, and the Attorney General has exclusive charge of

88-42  the conduct of the prosecution.

88-43     4.  Except as otherwise provided by the Constitution of the

88-44  United States, the Constitution of this state or a specific statute, a

88-45  person shall, if requested, provide the Attorney General with

89-1  information that would assist in the prosecution of any other

89-2  person who is alleged to have committed a violation described in

89-3  subsection 1. If a person fails, without reasonable cause, to

89-4  provide the Attorney General with such information upon request,

89-5  the person is guilty of a misdemeanor.

89-6      Sec. 225.  1.  The Attorney General may bring any

89-7  appropriate civil action against a person to enforce any provision

89-8  of this chapter, a regulation adopted pursuant to this chapter or an

89-9  order of the Commissioner, including, without limitation, an order

89-10  of the Commissioner:

89-11     (a) Imposing an administrative fine; or

89-12     (b) Suspending, revoking or placing conditions upon a license,

89-13  certificate or permit.

89-14     2.  If the Attorney General prevails in any civil action brought

89-15  pursuant to this chapter, the court shall order the person against

89-16  whom the civil action was brought to pay:

89-17     (a) Court costs; and

89-18     (b) Reasonable costs of the investigation and prosecution of

89-19  the civil action.

89-20     3.  Whether or not the Attorney General brings a civil action

89-21  against a person pursuant to this chapter, the Attorney General

89-22  may prosecute the person for a criminal violation pursuant to this

89-23  chapter.

89-24     Sec. 226.  In addition to any other penalty, if a person is

89-25  convicted of a violation of any provision of this chapter, a

89-26  regulation adopted pursuant to this chapter or an order of the

89-27  Commissioner, the court shall order the person to pay:

89-28     1.  Court costs; and

89-29     2.  Reasonable costs of the investigation and prosecution of

89-30  the violation.

89-31     Sec. 227.  1.  The actions and remedies authorized by this

89-32  chapter are cumulative.

89-33     2.  If an agency or officer elects to take any action or pursue

89-34  any remedy authorized by this chapter or another specific statute,

89-35  that election is not exclusive and does not preclude the agency or

89-36  officer or another agency or officer from taking any other action

89-37  or pursuing any other remedy authorized by this chapter or

89-38  another specific statute.

89-39     Sec. 228.  NRS 649.085 is hereby amended to read as follows:

89-40     649.085  Every individual applicant, every officer and director

89-41  of a corporate applicant, and every member of a firm or partnership

89-42  applicant for a license as a collection agency or collection agent

89-43  must submit proof satisfactory to the Commissioner that he:

89-44     1.  Is a citizen of the United States or lawfully entitled to

89-45  remain and work in the United States.

90-1      2.  Has a good reputation for honesty, trustworthiness[,] and

90-2  integrity and is competent to transact the business of a collection

90-3  agency in a manner which protects the interests of the general

90-4  public.

90-5      3.  Has not had a collection agency license suspended or

90-6  revoked within the 10 years immediately preceding the date of the

90-7  application.

90-8      4.  Has not been convicted of[, or entered a plea of nolo

90-9  contendere to,] a felony or any crime involving fraud,

90-10  misrepresentation or moral turpitude.

90-11     5.  Has not made a false statement of material fact on his

90-12  application.

90-13     6.  Will maintain one or more offices in this state for the

90-14  transaction of the business of his collection agency.

90-15     7.  Has established a plan to ensure that his collection agency

90-16  will provide the services of a collection agency adequately and

90-17  efficiently.

90-18     Sec. 229.  NRS 649.196 is hereby amended to read as follows:

90-19     649.196  1.  Each applicant for a manager’s certificate must

90-20  submit proof satisfactory to the Commissioner that he:

90-21     (a) Is a citizen of the United States or lawfully entitled to remain

90-22  and work in the United States.

90-23     (b) Is at least 21 years of age.

90-24     (c) Has a good reputation for honesty, trustworthiness[,] and

90-25  integrity and is competent to transact the business of a collection

90-26  agency in a manner which protects the interests of the general

90-27  public.

90-28     (d) Has not committed any of the acts specified in NRS 649.215.

90-29     (e) Has not had a collection agency license or manager’s

90-30  certificate suspended or revoked within the 10 years immediately

90-31  preceding the date of filing the application.

90-32     (f) Has not been convicted of[, or entered a plea of nolo

90-33  contendere to,] a felony or any crime involving fraud,

90-34  misrepresentation or moral turpitude.

90-35     (g) Has had not less than 2 years’ full-time experience with a

90-36  collection agency in the collection of accounts assigned by creditors

90-37  who were not affiliated with the collection agency except as

90-38  assignors of accounts. At least 1 year of the 2 years of experience

90-39  must have been within the 18‑month period preceding the date of

90-40  filing the application.

90-41     2.  Each applicant must:

90-42     (a) Pass the examination provided for in NRS 649.205.

90-43     (b) Pay the required fees.

90-44     (c) Submit three recent photographs and three sets of

90-45  fingerprints in such form as the Commissioner prescribes.

91-1      (d) Submit such other information reasonably related to his

91-2  qualifications for the manager’s certificate as the Commissioner

91-3  determines to be necessary.

91-4      3.  The Commissioner may refuse to issue a manager’s

91-5  certificate if the applicant does not meet the requirements of

91-6  subsections 1 and 2.

91-7      4.  If the Commissioner refuses to issue a manager’s certificate

91-8  pursuant to this section, he shall notify the applicant in writing by

91-9  certified mail stating the reasons for the refusal. The applicant may

91-10  submit a written request for a hearing within 20 days after he

91-11  receives the notice. If the applicant fails to submit a written request

91-12  within the prescribed period, the Commissioner shall enter a final

91-13  order.

91-14     Sec. 230.  NRS 649.400 is hereby amended to read as follows:

91-15     649.400  1.  If upon investigation it appears that a collection

91-16  agency is conducting its business in violation of this chapter or the

91-17  regulations adopted by the Commissioner, or when it appears that

91-18  any person is engaging in the business of a collection agency

91-19  without being licensed under the provisions of this chapter, the

91-20  Commissioner may[:

91-21     (a) Advise the district attorney of the county in which the

91-22  business is conducted, and the district attorney shall cause the

91-23  appropriate legal action to be taken to enjoin the operation of the

91-24  business or prosecute the violations of this chapter; or

91-25     (b) Bring] bring suit in the name and on behalf of the State of

91-26  Nevada against such a person and any other person concerned in or

91-27  in any way participating in or about to participate in such unsafe or

91-28  injurious practices or action in violation of this chapter or the

91-29  regulations adopted by the Commissioner to enjoin any such person

91-30  from continuing or engaging in such practices or doing any such act.

91-31     2.  If the Commissioner brings suit, the district court of any

91-32  judicial district may grant injunctions to prevent and restrain such

91-33  practices or transactions. The court may, during the pendency of the

91-34  proceedings before it, issue such temporary restraining orders as

91-35  may appear to be just and proper. The findings of the Commissioner

91-36  shall be deemed to be prima facie evidence and sufficient grounds,

91-37  in the discretion of the court, for the issue ex parte of a temporary

91-38  restraining order. In any such proceedings , the Commissioner may

91-39  apply for and on due showing is entitled to have issued the court’s

91-40  subpoena requiring forthwith the appearance of any defendant and

91-41  his employees and the production of such documents, books and

91-42  records as appear necessary for the hearing of the petition, to testify

91-43  and give evidence concerning the acts or conduct or things

91-44  complained of in the application for an injunction.

92-1      Sec. 231.  Chapter 654 of NRS is hereby amended by adding

92-2  thereto the provisions set forth as sections 232 to 235, inclusive, of

92-3  this act.

92-4      Sec. 232.  1.  The Attorney General has primary jurisdiction

92-5  for the enforcement of the provisions of this chapter. The Attorney

92-6  General shall, if appropriate, investigate and prosecute a person

92-7  who violates:

92-8      (a) Any provision of this chapter, a regulation adopted

92-9  pursuant to this chapter or an order of the Board; or

92-10     (b) Any other law or regulation if the violation is committed by

92-11  the person in the course of committing a violation described in

92-12  paragraph (a).

92-13     2.  The Attorney General shall, if appropriate, investigate and

92-14  prosecute a person who is alleged to have committed a violation

92-15  described in subsection 1 whether or not:

92-16     (a) The Board notifies the Attorney General of the alleged

92-17  violation;

92-18     (b) The Board takes any disciplinary action against the person

92-19  alleged to have committed the violation;

92-20     (c) Any other person files a complaint against the person

92-21  alleged to have committed the violation; or

92-22     (d) A civil action is commenced against the person alleged to

92-23  have committed the violation.

92-24     3.  When acting pursuant to this section, the Attorney General

92-25  may commence his investigation and file a criminal action without

92-26  leave of court, and the Attorney General has exclusive charge of

92-27  the conduct of the prosecution.

92-28     4.  Except as otherwise provided by the Constitution of the

92-29  United States, the Constitution of this state or a specific statute, a

92-30  person shall, if requested, provide the Attorney General with

92-31  information that would assist in the prosecution of any other

92-32  person who is alleged to have committed a violation described in

92-33  subsection 1. If a person fails, without reasonable cause, to

92-34  provide the Attorney General with such information upon request,

92-35  the person is guilty of a misdemeanor.

92-36     Sec. 233.  1.  The Attorney General may bring any

92-37  appropriate civil action against a person to enforce any provision

92-38  of this chapter, a regulation adopted pursuant to this chapter or an

92-39  order of the Board, including, without limitation, an order of the

92-40  Board:

92-41     (a) Imposing an administrative fine; or

92-42     (b) Suspending, revoking or placing conditions upon a license.

92-43     2.  If the Attorney General prevails in any civil action brought

92-44  pursuant to this chapter, the court shall order the person against

92-45  whom the civil action was brought to pay:

93-1      (a) Court costs; and

93-2      (b) Reasonable costs of the investigation and prosecution of

93-3  the civil action.

93-4      3.  Whether or not the Attorney General brings a civil action

93-5  against a person pursuant to this chapter, the Attorney General

93-6  may prosecute the person for a criminal violation pursuant to this

93-7  chapter.

93-8      Sec. 234.  In addition to any other penalty, if a person is

93-9  convicted of a violation of any provision of this chapter, a

93-10  regulation adopted pursuant to this chapter or an order of the

93-11  Board, the court shall order the person to pay:

93-12     1.  Court costs; and

93-13     2.  Reasonable costs of the investigation and prosecution of

93-14  the violation.

93-15     Sec. 235.  1.  The actions and remedies authorized by this

93-16  chapter are cumulative.

93-17     2.  If an agency or officer elects to take any action or pursue

93-18  any remedy authorized by this chapter or another specific statute,

93-19  that election is not exclusive and does not preclude the agency or

93-20  officer or another agency or officer from taking any other action

93-21  or pursuing any other remedy authorized by this chapter or

93-22  another specific statute.

93-23     Sec. 236.  Chapter 656 of NRS is hereby amended by adding

93-24  thereto the provisions set forth as sections 237 to 240, inclusive, of

93-25  this act.

93-26     Sec. 237.  1.  The Attorney General has primary jurisdiction

93-27  for the enforcement of the provisions of this chapter. The Attorney

93-28  General shall, if appropriate, investigate and prosecute a person

93-29  who violates:

93-30     (a) Any provision of this chapter, a regulation adopted

93-31  pursuant to this chapter or an order of the Board; or

93-32     (b) Any other law or regulation if the violation is committed by

93-33  the person in the course of committing a violation described in

93-34  paragraph (a).

93-35     2.  The Attorney General shall, if appropriate, investigate and

93-36  prosecute a person who is alleged to have committed a violation

93-37  described in subsection 1 whether or not:

93-38     (a) The Board notifies the Attorney General of the alleged

93-39  violation;

93-40     (b) The Board takes any disciplinary action against the person

93-41  alleged to have committed the violation;

93-42     (c) Any other person files a complaint against the person

93-43  alleged to have committed the violation; or

93-44     (d) A civil action is commenced against the person alleged to

93-45  have committed the violation.

94-1      3.  When acting pursuant to this section, the Attorney General

94-2  may commence his investigation and file a criminal action without

94-3  leave of court, and the Attorney General has exclusive charge of

94-4  the conduct of the prosecution.

94-5      4.  Except as otherwise provided by the Constitution of the

94-6  United States, the Constitution of this state or a specific statute, a

94-7  person shall, if requested, provide the Attorney General with

94-8  information that would assist in the prosecution of any other

94-9  person who is alleged to have committed a violation described in

94-10  subsection 1. If a person fails, without reasonable cause, to

94-11  provide the Attorney General with such information upon request,

94-12  the person is guilty of a misdemeanor.

94-13     Sec. 238.  1.  The Attorney General may bring any

94-14  appropriate civil action against a person to enforce any provision

94-15  of this chapter, a regulation adopted pursuant to this chapter or an

94-16  order of the Board, including, without limitation, an order of the

94-17  Board:

94-18     (a) Imposing an administrative fine; or

94-19     (b) Suspending, revoking or placing conditions upon a license

94-20  or certificate.

94-21     2.  If the Attorney General prevails in any civil action brought

94-22  pursuant to this chapter, the court shall order the person against

94-23  whom the civil action was brought to pay:

94-24     (a) Court costs; and

94-25     (b) Reasonable costs of the investigation and prosecution of

94-26  the civil action.

94-27     3.  Whether or not the Attorney General brings a civil action

94-28  against a person pursuant to this chapter, the Attorney General

94-29  may prosecute the person for a criminal violation pursuant to this

94-30  chapter.

94-31     Sec. 239.  In addition to any other penalty, if a person is

94-32  convicted of a violation of any provision of this chapter, a

94-33  regulation adopted pursuant to this chapter or an order of the

94-34  Board, the court shall order the person to pay:

94-35     1.  Court costs; and

94-36     2.  Reasonable costs of the investigation and prosecution of

94-37  the violation.

94-38     Sec. 240.  1.  The actions and remedies authorized by this

94-39  chapter are cumulative.

94-40     2.  If an agency or officer elects to take any action or pursue

94-41  any remedy authorized by this chapter or another specific statute,

94-42  that election is not exclusive and does not preclude the agency or

94-43  officer or another agency or officer from taking any other action

94-44  or pursuing any other remedy authorized by this chapter or

94-45  another specific statute.

95-1      Sec. 241.  NRS 656.300 is hereby amended to read as follows:

95-2      656.300  1.  The practice of court reporting by any person who

95-3  has not been issued a certificate or whose certificate has been

95-4  suspended or revoked, or conducting a business as a court reporting

95-5  firm without first obtaining a license therefor or with a suspended or

95-6  revoked license, is hereby declared to be inimical to public health

95-7  and welfare and to constitute a public nuisance. The Attorney

95-8  General [of the State of Nevada, the district attorney of any county

95-9  in the state or any resident] may maintain an action in the name of

95-10  the State of Nevada perpetually to enjoin any person from so

95-11  unlawfully practicing court reporting, or unlawfully conducting

95-12  business as a court reporting firm, and from doing, committing or

95-13  continuing such an unlawful act.

95-14     2.  In all proceedings under this section, the court may

95-15  apportion the costs among the parties interested in the suit, including

95-16  the costs of filing the complaint, service of process, witness fees and

95-17  expenses, charges for a court reporter and reasonable attorney’s

95-18  fees.

95-19     3.  The proceeding authorized by this section is in addition to

95-20  and not in lieu of criminal prosecutions or proceedings to revoke or

95-21  suspend licenses or certificates as authorized by this chapter.

95-22     Sec. 242.  NRS 623.370, 638.154, 638.160 and 639.006 are

95-23  hereby repealed.

 

95-24  LEADLINES OF REPEALED SECTIONS

 

95-25     623.370  District attorney to prosecute violations.

95-26     638.154  Court may award costs and reasonable attorney’s

95-27   fees incurred by Board.

95-28     638.160  Prosecution of violators by Attorney General or

95-29   district attorneys.

95-30     639.006  “Conviction” defined.

 

95-31  H