Assembly Bill No. 337–Assemblymen Giunchigliani, Arberry, Parks, McClain, Leslie, Anderson, Atkinson, Conklin, Horne, Manendo, Oceguera and Williams

 

March 14, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning rights of ex-felons. (BDR 14‑63)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to criminal history; providing for the automatic restoration of the civil rights of certain persons who are honorably discharged from probation or parole, pardoned or released from prison after serving a sentence; providing for the automatic restoration of the civil rights of a person whose records of conviction are sealed; limiting the persons who are required to register as convicted persons; prohibiting a law enforcement agency from requiring a convicted person to carry a registration card; revising the provisions governing the employment of certain convicted felons; revising the provisions governing the certification and licensure of certain convicted felons in certain professions and occupations; 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. NRS 176A.850 is hereby amended to read as

1-2  follows:

1-3  176A.850  1.  A person who:

1-4  (a) Has fulfilled the conditions of his probation for the entire

1-5  period thereof;

2-1  (b) Is recommended for earlier discharge by the Division; or

2-2  (c) Has demonstrated his fitness for honorable discharge but

2-3  because of economic hardship, verified by a parole and probation

2-4  officer, has been unable to make restitution as ordered by the

2-5  court,

2-6  may be granted an honorable discharge from probation by order of

2-7  the court.

2-8  2.  Any amount of restitution remaining unpaid constitutes a

2-9  civil liability arising upon the date of discharge.

2-10      3.  [A] Except as otherwise provided in subsection 4, a person

2-11  honorably discharged from probation:

2-12      (a) Is free from the terms and conditions of his probation . [;

2-13      (b) If he meets the requirements of NRS 176A.860, may apply

2-14  to the Division to request a restoration of his civil rights; and

2-15      (c)] (b) Two years after the date of his honorable discharge

2-16  from probation, is restored to the following civil rights:

2-17          (1) The right to vote; and

2-18          (2) The right to serve as a juror in a civil action.

2-19      (c) Four years after the date of his honorable discharge from

2-20  probation, is restored to the right to hold office.

2-21      (d) Six years after the date of his honorable discharge from

2-22  probation, is restored to the right to serve as a juror in a criminal

2-23  action.

2-24      (e) If he meets the requirements of NRS 179.245, may apply to

2-25  the court for the sealing of records relating to his

2-26  conviction.

2-27  [The person must]

2-28      (f) Must be informed of the provisions of this section and NRS

2-29  [176A.860 and] 179.245 in his probation papers.

2-30      [4.  A person honorably discharged from probation who has had

2-31  his civil rights restored by the court:

2-32      (a)] (g) Is exempt from the requirements of chapter 179C of

2-33  NRS, but is not exempt from the requirements of chapter 179D of

2-34  NRS.

2-35      [(b) May vote, hold office or serve as a juror.

2-36      (c)] (h) Shall disclose the conviction to a gaming establishment

2-37  and to the State and its agencies, departments, boards, commissions

2-38  and political subdivisions, if required in an application for

2-39  employment, license or other permit. As used in this paragraph,

2-40  “establishment” has the meaning ascribed to it in NRS 463.0148.

2-41      [(d)] (i) Except as otherwise provided in paragraph [(c),] (h),

2-42  need not disclose the conviction to an employer or prospective

2-43  employer.

2-44      [5.] 4.  Except as otherwise provided in this subsection, the

2-45  civil rights set forth in subsection 3 are not restored to a person

3-1  honorably discharged from probation if the person has previously

3-2  been convicted in this state:

3-3  (a) Of a category A felony.

3-4  (b) Of an offense that would constitute a category A felony if

3-5  committed as of the date of his honorable discharge from

3-6  probation.

3-7  (c) Of a category B felony involving the use or threatened use

3-8  of force or violence against the victim.

3-9  (d) Of an offense involving the use or threatened use of force

3-10  or violence against the victim that would constitute a category B

3-11  felony if committed as of the date of his honorable discharge from

3-12  probation.

3-13      (e) Two or more times of a felony, unless a felony for which

3-14  the person has been convicted arose out of the same act,

3-15  transaction or occurrence as another felony, in which case the

3-16  convictions for those felonies shall be deemed to constitute a

3-17  single conviction for the purposes of this paragraph.

3-18  A person described in this subsection may petition the court in

3-19  which the person was convicted for an order granting the

3-20  restoration of his civil rights as set forth in subsection 3.

3-21      5. The prior conviction of a person [whose civil rights have

3-22  been restored or] who has been honorably discharged from

3-23  probation may be used for purposes of impeachment. In any

3-24  subsequent prosecution of the person , [who has had his civil rights

3-25  restored or who has been honorably discharged from probation,] the

3-26  prior conviction may be pleaded and proved if otherwise admissible.

3-27      6.  Upon his honorable discharge from probation, the person

3-28  so discharged must be given an official document which provides:

3-29      (a) That he has received an honorable discharge from

3-30  probation; and

3-31      (b) Unless he is subject to the limitations set forth in

3-32  subsection 4, the date on which each of the civil rights set forth in

3-33  subsection 3 will be restored to him.

3-34      7.  Subject to the limitations set forth in subsection 4, a person

3-35  who has been honorably discharged from probation in this state or

3-36  elsewhere and whose official documentation of his honorable

3-37  discharge from probation is lost, damaged or destroyed may file a

3-38  written request with a court of competent jurisdiction to restore his

3-39  civil rights pursuant to this section. Upon verification that the

3-40  person has been honorably discharged from probation and is

3-41  eligible to be restored to the civil rights set forth in subsection 3,

3-42  the court shall issue an order restoring the person to the civil

3-43  rights set forth in subsection 3. A person must not be required to

3-44  pay a fee to receive such an order.

4-1  8.  A person who has been honorably discharged from

4-2  probation in this state or elsewhere may present:

4-3  (a) Official documentation of his honorable discharge from

4-4  probation, if it contains the provisions set forth in subsection 6; or

4-5  (b) A court order restoring his civil rights,

4-6  as proof that he has been restored to the civil rights set forth in

4-7  subsection 3.

4-8  Sec. 2.  NRS 179.285 is hereby amended to read as follows:

4-9  179.285  Except as otherwise provided in NRS 179.301 [, if] :

4-10      1.  If the court orders a record sealed pursuant to NRS

4-11  176A.265, 179.245, 179.255, 179.259 or 453.3365:

4-12      [1.] (a) All proceedings recounted in the record are deemed

4-13  never to have occurred, and the person to whom the order pertains

4-14  may properly answer accordingly to any inquiry , including,

4-15  without limitation, an inquiry relating to an application for

4-16  employment, concerning the arrest, conviction, dismissal or

4-17  acquittal and the events and proceedings relating to the arrest,

4-18  conviction, dismissal or acquittal.

4-19      [2.  The court shall order the civil rights of the person to whom

4-20  the order pertains to be restored if the person has not been restored

4-21  to his civil rights.]

4-22      (b) The person is immediately restored to the following civil

4-23  rights if his civil rights previously have not been restored:

4-24          (1) The right to vote;

4-25          (2) The right to hold office; and

4-26          (3) The right to serve on a jury.

4-27      2.  Upon the sealing of his records, a person who is restored to

4-28  his civil rights must be given an official document which

4-29  demonstrates that he has been restored to the civil rights set forth

4-30  in paragraph (b) of subsection 1.

4-31      3.  A person who has had his records sealed in this state or

4-32  any other state and whose official documentation of the

4-33  restoration of his civil rights is lost, damaged or destroyed may file

4-34  a written request with a court of competent jurisdiction to restore

4-35  his civil rights pursuant to this section. Upon verification that the

4-36  person has had his records sealed, the court shall issue an order

4-37  restoring the person to the civil rights to vote, to hold office and to

4-38  serve on a jury. A person must not be required to pay a fee to

4-39  receive such an order.

4-40      4.  A person who has had his records sealed in this state or

4-41  any other state may present official documentation that he has

4-42  been restored to his civil rights or a court order restoring his civil

4-43  rights as proof that he has been restored to the right to vote, to

4-44  hold office and to serve as a juror.

 

5-1  Sec. 3.  NRS 179.301 is hereby amended to read as follows:

5-2  179.301  1.  The State Gaming Control Board and the Nevada

5-3  Gaming Commission and their employees, agents and

5-4  representatives may inquire into and inspect any records sealed

5-5  pursuant to NRS 179.245 or 179.255, if the event or conviction was

5-6  related to gaming, for purposes of determining the suitability or

5-7  qualifications of any person to hold a state gaming license,

5-8  manufacturer’s, seller’s or distributor’s license or gaming work

5-9  permit pursuant to chapter 463 of NRS. Events and convictions, if

5-10  any, which are the subject of an order sealing records [may] :

5-11      (a) May form the basis for recommendation, denial or

5-12  revocation of those licenses . [or work permits.]

5-13      (b) Must not form the basis for denial or rejection of a gaming

5-14  work permit unless the event or conviction relates to the

5-15  applicant’s suitability or qualifications to hold the work permit.

5-16      2.  The Central Repository for Nevada Records of Criminal

5-17  History and its employees may inquire into and inspect any records

5-18  sealed pursuant to NRS 179.245 or 179.255 that constitute

5-19  information relating to sexual offenses, and may notify employers of

5-20  the information in accordance with NRS 179A.180 to 179A.240,

5-21  inclusive.

5-22      3.  Records which have been sealed pursuant to NRS 179.245

5-23  or 179.255 and which are retained in the statewide registry

5-24  established pursuant to NRS 179B.200 may be inspected pursuant to

5-25  chapter 179B of NRS by an officer or employee of the Central

5-26  Repository or a law enforcement officer in the regular course of his

5-27  duties.

5-28      Sec. 4.  NRS 179C.010 is hereby amended to read as follows:

5-29      179C.010  1.  Except as otherwise provided in subsection 2, as

5-30  used in this chapter, unless the context otherwise requires,

5-31  “convicted person” means:

5-32      (a) A person convicted in the State of Nevada [of an offense that

5-33  is punishable as a felony] or convicted in any place other than the

5-34  State of Nevada of [a felony;

5-35      (b) A person convicted in the State of Nevada, or elsewhere, of

5-36  the violation of a law, regardless of whether the violation is

5-37  punishable as a felony:

5-38          (1) Relating to or regulating the possession, distribution,

5-39  furnishing or use of a habit-forming drug of the kind or character

5-40  described and referred to in the Uniform Controlled Substances Act;

5-41          (2) Regulating or prohibiting the carrying, possession or

5-42  ownership of a concealed weapon, deadly weapon or weapon

5-43  capable of being concealed, or regulating or prohibiting the

5-44  possession, sale or use of a device, instrument or attachment

6-1  designed or intended to be used to silence the report or conceal the

6-2  discharge or flash of any firearm; or

6-3       (3) Regulating or prohibiting the use, possession,

6-4  manufacture or compounding of tear gas, or any other gas, that may

6-5  be used to disable temporarily or permanently a human being; or(c)

6-6  A person convicted in the State of Nevada, or elsewhere, of an

6-7  attempt or a conspiracy to commit an offense described or referred

6-8  to in this subsection.] two or more offenses punishable as felonies.

6-9  (b) A person convicted in the State of Nevada of an offense

6-10  punishable as a category A felony.

6-11      (c) A person convicted in the State of Nevada or convicted in

6-12  any place other than the State of Nevada of a crime that would

6-13  constitute a category A felony if committed in this state on July 1,

6-14  2003.

6-15      2.  For the purposes of this chapter, “convicted person” does not

6-16  include:

6-17      (a) A person who has been convicted of a crime against a child,

6-18  as defined in NRS 179D.210, or a sexual offense, as defined in NRS

6-19  179D.410; or

6-20      (b) Except as otherwise provided in this chapter, a person whose

6-21  conviction is or has been set aside in the manner provided by law.

6-22      Sec. 5.  NRS 179C.100 is hereby amended to read as follows:

6-23      179C.100  1.  It is unlawful for a convicted person to be or

6-24  remain in the State of Nevada for a period of more than 48 hours

6-25  without, during such 48-hour period, registering with the sheriff of a

6-26  county or the chief of police of a city in the manner prescribed in

6-27  this section.

6-28      2.  A convicted person who does not reside in the State of

6-29  Nevada but who has a temporary or permanent place of abode

6-30  outside the State of Nevada, and who comes into the State on five

6-31  occasions or more during any 30-day period, is subject to the

6-32  provisions of this chapter.

6-33      3.  A person who has registered as a convicted person with the

6-34  sheriff of a county or the chief of police of a city shall register again

6-35  as provided in this section if he subsequently commits another

6-36  offense described or referred to in this chapter.

6-37      4.  A person required by this section to register shall do so by

6-38  filing with the sheriff or chief of police a statement in writing, upon

6-39  a form prescribed and furnished by the sheriff or chief of police,

6-40  which is signed by the person and which provides the following

6-41  information:

6-42      (a) His true name and each alias that he has used or under which

6-43  he may have been known;

6-44      (b) A full and complete description of his person;

7-1  (c) The kind, character and nature of each crime of which he has

7-2  been convicted;

7-3  (d) The place in which he was convicted of each crime;

7-4  (e) The name under which he was convicted in each instance

7-5  and the date thereof;

7-6  (f) The name, if any, and the location of each prison,

7-7  reformatory, jail or other penal institution in which he was confined

7-8  or to which he was sentenced;

7-9  (g) The location and address of his residence, stopping place,

7-10  living quarters or place of abode, and if more than one residence,

7-11  stopping place or place of abode, that fact must be stated and the

7-12  location and address of each given;

7-13      (h) The kind of residence, stopping place, or place of abode in

7-14  which he resides, including whether it is a private residence, hotel,

7-15  apartment house or other building or structure;

7-16      (i) The length of time he has occupied each place of residence,

7-17  stopping place or place of abode, and the length of time he expects

7-18  or intends to remain in the State of Nevada; and

7-19      (j) Any further information that may be required by the sheriff

7-20  or chief of police for the purpose of aiding and assisting in carrying

7-21  into effect the provisions and intent of this chapter.

7-22      5.  The sheriff of a county or the chief of police of a city shall

7-23  not require a convicted person to carry a registration card, and no

7-24  convicted person who is required to register pursuant to this

7-25  section may be punished for the failure to carry a registration

7-26  card.

7-27      6.  When so ordered in the individual case by the district court

7-28  in which the conviction was obtained, by the State Board of Parole

7-29  Commissioners or by the State Board of Pardons Commissioners,

7-30  whichever is appropriate, the provisions of this section do not apply

7-31  to a convicted person who has had his civil rights restored.

7-32      Sec. 6.  NRS 6.010 is hereby amended to read as follows:

7-33      6.010  [Every] Except as otherwise provided in this section,

7-34  every qualified elector of the State, whether registered or not, who

7-35  has sufficient knowledge of the English language, and who hasnot

7-36  been convicted of treason , a felony, or other infamous crime, and

7-37  who isnot rendered incapable by reason of physical or mental

7-38  infirmity, is a qualified juror of the county in which he resides. A

7-39  person who has been convicted of a felony is not a qualified juror

7-40  of the county in which he resides until his civil right to serve as a

7-41  juror has been restored pursuant to NRS 176A.850, 179.285,

7-42  213.090, 213.155 or 213.157.

7-43      Sec. 7.  NRS 119A.230 is hereby amended to read as follows:

7-44      119A.230  1.  The Administrator may impose a fine or

7-45  suspend, revoke, reissue, subject to conditions, or deny the renewal

8-1  of any sales agent’s license issued under the provisions of this

8-2  chapter at any time if the sales agent has, by false or fraudulent

8-3  application or representation, obtained a license or, whether or not

8-4  acting as a sales agent, is found guilty of:

8-5  (a) Making any material misrepresentation;

8-6  (b) Making any false promises of a character likely to influence,

8-7  persuade or induce;

8-8  (c) Engaging in any fraudulent, misleading or oppressive sales

8-9  techniques or tactics;

8-10      (d) Accepting a commission or valuable consideration as a sales

8-11  agent for the performance of any of the acts specified in this chapter

8-12  from any person except a licensed project broker with whom the

8-13  sales agent is associated or the developer by whom he is employed;

8-14      (e) Failing, within a reasonable time, to account for or remit or

8-15  turn over to the project broker any money which comes into his

8-16  possession and which belongs to others;

8-17      (f) Violating any of the provisions of this chapter or chapter

8-18  119B of NRS or of any regulation adopted pursuant to either

8-19  chapter, or willfully aiding or abetting another to do so; or

8-20      (g) A felony relating to the practice of a sales agent or other

8-21  crime of moral turpitude or has entered a plea of nolo contendere to

8-22  a felony relating to the practice of a sales agent or other crime of

8-23  moral turpitude.

8-24      2.  The Administrator may investigate the actions of any sales

8-25  agent or any person who acts in such a capacity within the State of

8-26  Nevada.

8-27      Sec. 8.  NRS 138.020 is hereby amended to read as follows:

8-28      138.020  1.  No person is qualified to serve as an executor

8-29  who, at the time the will is probated:

8-30      (a) Is under the age of majority;

8-31      (b) Has been convicted of a felony[;] relating to the position of

8-32  an executor;

8-33      (c) Upon proof, is adjudged by the court disqualified to execute

8-34  the duties of executor by reason of drunkenness, improvidence or

8-35  lack of integrity or understanding; or

8-36      (d) Is a bank not authorized to do business in the State of

8-37  Nevada, unless it associates as coexecutor a bank authorized to do

8-38  business in this state. An out-of-state bank is qualified to appoint a

8-39  substitute executor, pursuant to NRS 138.045, without forming such

8-40  an association, but any natural person so appointed must be a

8-41  resident of this state.

8-42      2.  If a disqualified person is named as the sole executor in a

8-43  will, or if all persons so named are disqualified or renounce their

8-44  right to act, or fail to appear and qualify, letters of administration

8-45  with the will annexed must issue.

9-1  Sec. 9.  NRS 139.010 is hereby amended to read as follows:

9-2  139.010  No person is entitled to letters of administration who:

9-3  1.  Is under the age of majority;

9-4  2.  Has been convicted of a felony[;] relating to the position of

9-5  an administrator;

9-6  3.  Upon proof, is adjudged by the court disqualified by reason

9-7  of conflict of interest, drunkenness, improvidence, or lack of

9-8  integrity or understanding; or

9-9  4.  Is not a resident of the State of Nevada and who does not

9-10  associate as coadministrator a resident of the State of Nevada or

9-11  which, in the case of a banking corporation, is not authorized to do

9-12  business in this state and does not associate as coadministrator a

9-13  resident of the State of Nevada or a banking corporation authorized

9-14  to do business in this state.

9-15      Sec. 10.  NRS 159.059 is hereby amended to read as follows:

9-16      159.059  Any qualified person or entity that the court finds

9-17  suitable may serve as a guardian. A person is not qualified to serve

9-18  as a guardian who:

9-19      1.  Is an incompetent.

9-20      2.  Is a minor.

9-21      3.  Has been convicted of a felony[.] relating to the position of

9-22  a guardian.

9-23      4.  Has been suspended for misconduct or disbarred from the

9-24  practice of law during the period of the suspension or disbarment.

9-25      5.  Is a nonresident of this state and has not:

9-26      (a) Associated as a coguardian, a resident of this state or a

9-27  banking corporation whose principal place of business is in this

9-28  state; and

9-29      (b) Caused the appointment to be filed in the guardianship

9-30  proceeding.

9-31      6.  Has been judicially determined, by clear and convincing

9-32  evidence, to have committed abuse, neglect or exploitation of a

9-33  child, spouse, parent or other adult.

9-34      Sec. 11.  (Deleted by amendment.)

9-35      Sec. 12.  NRS 202.760 is hereby amended to read as follows:

9-36      202.760  It is unlawful for any person:

9-37      1.  Who is under indictment for, or has been convicted in any

9-38  court of, a crime relating to the practice of shipping or

9-39  transporting explosives that is punishable by imprisonment for a

9-40  term exceeding 1 year;

9-41      2.  Who is a fugitive from justice;

9-42      3.  Who is an unlawful user of or addicted to any depressant or

9-43  stimulant drug or any controlled substance; or

9-44      4.  Who has been judicially declared mentally ill or who has

9-45  been committed to a hospital as mentally ill,

10-1  to ship or transport any explosive within the State or to receive any

10-2  explosive which has been shipped or transported within the State.

10-3      Sec. 13.  NRS 213.090 is hereby amended to read as follows:

10-4      213.090  1.  [When a pardon] Except as otherwise provided in

10-5  subsection 2, a person who is granted a pardon for any offense

10-6  committed [, the pardon may or may not include restoration of civil

10-7  rights. If the pardon includes restoration of civil rights, it must be so

10-8  stated in the instrument or certificate of pardon and, when granted

10-9  upon conditions, limitations or restrictions, they must be fully set

10-10  forth in the instrument.

10-11     2.  In any case where a convicted person has received a pardon

10-12  without immediate restoration of his civil rights, he may apply to the

10-13  State Board of Pardons Commissioners for restoration of his civil

10-14  rights and release from penalties and disabilities resulting from the

10-15  offense or crime of which he was convicted.

10-16     3.  Upon receiving an application pursuant to subsection 2, the

10-17  Board shall determine whether the applicant has received a pardon.

10-18  If the Board determines that the applicant has received a pardon, the

10-19  Board shall, as soon as reasonably practicable, restore him to his

10-20  civil rights and release him from all penalties and disabilities

10-21  resulting from the offense or crime of which he was convicted.

10-22     4.  An applicant] :

10-23     (a) Two years after the date that his pardon is granted, is

10-24  restored to the following civil rights:

10-25         (1) The right to vote; and

10-26         (2) The right to serve as a juror in a civil action.

10-27     (b) Four years after the date that his pardon is granted, is

10-28  restored to the right to hold office.

10-29     (c) Six years after the date that his pardon is granted, is

10-30  restored to the right to serve as a juror in a criminal action.

10-31     2.  Except as otherwise provided in this subsection, the civil

10-32  rights set forth in subsection 1 are not restored to a person who

10-33  has been granted a pardon if the person has previously been

10-34  convicted in this state:

10-35     (a) Of a category A felony.

10-36     (b) Of an offense that would constitute a category A felony if

10-37  committed as of the date that his pardon is granted.

10-38     (c) Of a category B felony involving the use or threatened use

10-39  of force or violence against the victim.

10-40     (d) Of an offense involving the use or threatened use of force

10-41  or violence against the victim that would constitute a category B

10-42  felony if committed as of the date that his pardon is granted.

10-43     (e) Two or more times of a felony, unless a felony for which

10-44  the person has been convicted arose out of the same act,

10-45  transaction or occurrence as another felony, in which case the

11-1  convictions for those felonies shall be deemed to constitute a

11-2  single conviction for the purposes of this paragraph.

11-3  A person described in this subsection may petition the court in

11-4  which the person was convicted for an order granting the

11-5  restoration of his civil rights as set forth in subsection 1.

11-6      3.  Upon receiving a pardon, a person so pardoned must be

11-7  given an official document which provides:

11-8      (a) That he has been granted a pardon; and

11-9      (b) Unless he is subject to the limitations set forth in

11-10  subsection 2, the date on which each of the civil rights set forth in

11-11  subsection 1 will be restored to him.

11-12     4.  Subject to the limitations set forth in subsection 2, a person

11-13  who has been granted a pardon in this state or elsewhere and

11-14  whose official documentation of his pardon is lost, damaged or

11-15  destroyed may file a written request with a court of competent

11-16  jurisdiction to restore his civil rights pursuant to this section.

11-17  Upon verification that the person has been granted a pardon and

11-18  is eligible to be restored to the civil rights set forth in subsection 1,

11-19  the court shall issue an order restoring the person to the civil

11-20  rights set forth in subsection 1. A person must not be required to

11-21  pay a fee to [have his civil rights restored or to be released from

11-22  penalties and disabilities pursuant to this section.] receive such an

11-23  order.

11-24     5.  A person who has been granted a pardon in this state or

11-25  elsewhere may present:

11-26     (a) Official documentation of his pardon, if it contains the

11-27  provisions set forth in subsection 3; or

11-28     (b) A court order restoring his civil rights,

11-29  as proof that he has been restored to the civil rights set forth in

11-30  subsection 1.

11-31     Sec. 14.  NRS 213.155 is hereby amended to read as follows:

11-32     213.155  1.  [The Board may restore a paroled prisoner to his

11-33  civil rights, conditioned upon the prisoner receiving] Except as

11-34  otherwise provided in subsection 2, a person who receives an

11-35  honorable discharge from parole pursuant to NRS 213.154 [. Such

11-36  restoration must take effect at the expiration of the parole of the

11-37  prisoner.

11-38     2.  In any case where a convicted person has completed his

11-39  parole without immediate restoration of his civil rights and has been

11-40  issued an honorable discharge from parole pursuant to NRS

11-41  213.154, he may apply to the Division to request a restoration of his

11-42  civil rights and release from penalties and disabilities which resulted

11-43  from the offense or crime of which he was convicted.

11-44     3.  Upon receiving an application pursuant to subsection 2, the

11-45  Division shall determine whether the applicant has received an

12-1  honorable discharge from parole. If the Division determines that the

12-2  applicant has received an honorable discharge, the Division shall

12-3  forward the application to the Board.

12-4      4.  Upon receiving an application pursuant to subsection 3, the

12-5  Board shall, as soon as reasonably practicable, restore the applicant

12-6  to his civil rights and release him from all penalties and disabilities

12-7  resulting from the offense or crime of which he was convicted.

12-8      5.  An applicant] :

12-9      (a) Two years after the date of his honorable discharge from

12-10  parole, is restored to the following civil rights:

12-11         (1) The right to vote; and

12-12         (2) The right to serve as a juror in a civil action.

12-13     (b) Four years after the date of his honorable discharge from

12-14  parole, is restored to the right to hold office.

12-15     (c) Six years after the date of his honorable discharge from

12-16  parole, is restored to the right to serve as a juror in a criminal

12-17  action.

12-18     2.  Except as otherwise provided in this subsection, the civil

12-19  rights set forth in subsection 1 are not restored to a person who

12-20  has received an honorable discharge from parole if the person has

12-21  previously been convicted in this state:

12-22     (a) Of a category A felony.

12-23     (b) Of an offense that would constitute a category A felony if

12-24  committed as of the date of his honorable discharge from parole.

12-25     (c) Of a category B felony involving the use or threatened use

12-26  of force or violence against the victim.

12-27     (d) Of an offense involving the use or threatened use of force

12-28  or violence against the victim that would constitute a category B

12-29  felony if committed as of the date of his honorable discharge from

12-30  parole.

12-31     (e) Two or more times of a felony, unless a felony for which

12-32  the person has been convicted arose out of the same act,

12-33  transaction or occurrence as another felony, in which case the

12-34  convictions for those felonies shall be deemed to constitute a

12-35  single conviction for the purposes of this paragraph.

12-36  A person described in this subsection may petition the court in

12-37  which the person was convicted for an order granting the

12-38  restoration of his civil rights as set forth in subsection 1.

12-39     3.  Upon his honorable discharge from parole, a person so

12-40  discharged must be given an official document which provides:

12-41     (a) That he has received an honorable discharge from parole;

12-42  and

12-43     (b) Unless he is subject to the limitations set forth in

12-44  subsection 2, the date on which each of the civil rights set forth in

12-45  subsection 1 will be restored to him.

13-1      4.  Subject to the limitations set forth in subsection 2, a person

13-2  who has been honorably discharged from parole in this state or

13-3  elsewhere and whose official documentation of his honorable

13-4  discharge from parole is lost, damaged or destroyed may file a

13-5  written request with a court of competent jurisdiction to restore his

13-6  civil rights pursuant to this section. Upon verification that the

13-7  person has been honorably discharged from parole and is eligible

13-8  to be restored to the civil rights set forth in subsection 1, the court

13-9  shall issue an order restoring the person to the civil rights set forth

13-10  in subsection 1. A person must not be required to pay a fee to [have

13-11  his civil rights restored or to be released from penalties and

13-12  disabilities pursuant to this section.

13-13     6.] receive such an order.

13-14     5.  A person who has been honorably discharged from parole

13-15  in this state or elsewhere may present:

13-16     (a) Official documentation of his honorable discharge from

13-17  parole, if it contains the provisions set forth in subsection 3; or

13-18     (b) A court order restoring his civil rights,

13-19  as proof that he has been restored to the civil rights set forth in

13-20  subsection 1.

13-21     6. The Board may adopt regulations necessary or convenient

13-22  for the purposes of this section.

13-23     Sec. 15.  NRS 213.157 is hereby amended to read as follows:

13-24     213.157  1.  [In any case where a] Except as otherwise

13-25  provided in subsection 2, a person convicted of a felony in the State

13-26  of Nevada who has served his sentence and has been released from

13-27  prison [, he may apply to the Division requesting restoration of his

13-28  civil rights and release from all penalties and disabilities which

13-29  resulted from the offense or crime of which he was convicted.

13-30     2.  Upon receiving an application pursuant to subsection 1, the

13-31  Division shall determine whether the applicant has served his

13-32  sentence and been released from prison. If the division determines

13-33  that the applicant has served his sentence and been released from

13-34  prison, the Division shall forward the application to the district court

13-35  in which the conviction was obtained.

13-36     3.  Upon receiving an application pursuant to subsection 2, the

13-37  court shall, as soon as reasonably practicable, restore the civil rights

13-38  of the applicant and release him from all penalties and disabilities

13-39  which resulted from the offense or crime of which he was convicted.

13-40     4.  An applicant] :

13-41     (a) Two years after the date of his release from prison, is

13-42  restored to the following civil rights:

13-43         (1) The right to vote; and

13-44         (2) The right to serve as a juror in a civil action.

14-1      (b) Four years after the date of his release from prison, is

14-2  restored to the right to hold office.

14-3      (c) Six years after the date of his release from prison, is

14-4  restored to the right to serve as a juror in a criminal action.

14-5      2.  Except as otherwise provided in this subsection, the civil

14-6  rights set forth in subsection 1 are not restored to a person who

14-7  has been released from prison if the person has previously been

14-8  convicted in this state:

14-9      (a) Of a category A felony.

14-10     (b) Of an offense that would constitute a category A felony if

14-11  committed as of the date of his release from prison.

14-12     (c) Of a category B felony involving the use or threatened use

14-13  of force or violence against the victim.

14-14     (d) Of an offense involving the use or threatened use of force

14-15  or violence against the victim that would constitute a category B

14-16  felony if committed as of the date of his release from prison.

14-17     (e) Two or more times of a felony, unless a felony for which

14-18  the person has been convicted arose out of the same act,

14-19  transaction or occurrence as another felony, in which case the

14-20  convictions for those felonies shall be deemed to constitute a

14-21  single conviction for the purposes of this paragraph.

14-22  A person described in this subsection may petition the court in

14-23  which the person was convicted for an order granting the

14-24  restoration of his civil rights as set forth in subsection 1.

14-25     3.  Upon his release from prison, a person so released must be

14-26  given an official document which provides:

14-27     (a) That he has been released from prison; and

14-28     (b) Unless he is subject to the limitations set forth in

14-29  subsection 2, the date on which each of the civil rights set forth in

14-30  subsection 1 will be restored to him.

14-31     4.  Subject to the limitations set forth in subsection 2, a person

14-32  who has been released from prison in this state or elsewhere and

14-33  whose official documentation of his release from prison is lost,

14-34  damaged or destroyed may file a written request with a court of

14-35  competent jurisdiction to restore his civil rights pursuant to this

14-36  section. Upon verification that the person has been released from

14-37  prison and is eligible to be restored to the civil rights set forth in

14-38  subsection 1, the court shall issue an order restoring the person to

14-39  the civil rights set forth in subsection 1. A person must not be

14-40  required to pay a fee to [have his civil rights restored or to be

14-41  released from penalties and disabilities pursuant to this section.]

14-42  receive such an order.

14-43     5.  A person who has been released from prison in this state or

14-44  elsewhere may present:

15-1      (a) Official documentation of his release from prison, if it

15-2  contains the provisions set forth in subsection 3; or

15-3      (b) A court order restoring his civil rights,

15-4  as proof that he has been restored to the civil rights set forth in

15-5  subsection 1.

15-6      Sec. 16.  NRS 248.010 is hereby amended to read as follows:

15-7      248.010  1.  Sheriffs [shall] must be elected by the qualified

15-8  electors of their respective counties.

15-9      2.  Sheriffs [shall] must be chosen by the electors of their

15-10  respective counties at the general election in 1922, and at the

15-11  general election every 4 years thereafter, and shall enter upon the

15-12  duties of their respective offices on the [1st] first Monday of

15-13  January subsequent to their election.

15-14     3.  A person who has been convicted of a felony in this state or

15-15  any other state is not qualified to be a candidate for or elected or

15-16  appointed to the office of sheriff regardless of whether he has

15-17  been restored to his civil rights.

15-18     Sec. 17.  NRS 258.010 is hereby amended to read as follows:

15-19     258.010  1.  Except as otherwise provided in subsections 2

15-20  and 3:

15-21     (a) Constables must be elected by the qualified electors of their

15-22  respective townships.

15-23     (b) The constables of the several townships of the State must be

15-24  chosen at the general election of 1966, and shall enter upon the

15-25  duties of their offices on the first Monday of January next

15-26  succeeding their election, and hold their offices for the term of 4

15-27  years thereafter, until their successors are elected and qualified.

15-28     (c) Constables must receive certificates of election from the

15-29  boards of county commissioners of their respective counties.

15-30     2.  In a county which includes only one township, the board of

15-31  county commissioners may, by resolution, appoint the sheriff ex

15-32  officio constable to serve without additional compensation. The

15-33  resolution must not become effective until the completion of the

15-34  term of office for which a constable may have been elected.

15-35     3.  In a county whose population:

15-36     (a) Is less than 400,000, if the board of county commissioners

15-37  determines that the office of constable is not necessary in one or

15-38  more townships within the county, it may, by ordinance, abolish the

15-39  office of constable in those townships.

15-40     (b) Is 400,000 or more, if the board of county commissioners

15-41  determines that the office of constable is not necessary in one or

15-42  more townships within the county, it may, by ordinance, abolish the

15-43  office in those townships, but the abolition does not become

15-44  effective as to a particular township until the constable incumbent

15-45  on May 28, 1979, does not seek, or is defeated for, reelection.

16-1  For a township in which the office of constable has been abolished,

16-2  the board of county commissioners may, by resolution, appoint the

16-3  sheriff ex officio constable to serve without additional

16-4  compensation.

16-5      4.  A person who has been convicted of a felony in this state or

16-6  any other state is not qualified to be a candidate for or elected or

16-7  appointed to the office of constable regardless of whether he has

16-8  been restored to his civil rights.

16-9      Sec. 18.  Chapter 289 of NRS is hereby amended by adding

16-10  thereto a new section to read as follows:

16-11     A person who has been convicted of a felony in this state or any

16-12  other state is not qualified to serve as a category I peace officer,

16-13  category II peace officer or category III peace officer regardless of

16-14  whether he has been restored to his civil rights.

16-15     Sec. 19.  NRS 289.450 is hereby amended to read as follows:

16-16     289.450  As used in NRS 289.450 to 289.600, inclusive, and

16-17  section 18 of this act, unless the context otherwise requires, the

16-18  words and terms defined in NRS 289.460 to 289.490, inclusive,

16-19  have the meanings ascribed to them in those sections.

16-20     Sec. 20.  NRS 386.549 is hereby amended to read as follows:

16-21     386.549  1.  The governing body of a charter school must

16-22  consist of at least three teachers, as defined in subsection 4, and may

16-23  consist of, without limitation, parents and representatives of

16-24  nonprofit organizations and businesses. A majority of the members

16-25  of the governing body must reside in this state. If the membership of

16-26  the governing body changes, the governing body shall provide

16-27  written notice to the sponsor of the charter school within 10 working

16-28  days after such change. A person may serve on the governing body

16-29  only if he submits an affidavit to the Department indicating that the

16-30  person has not been convicted of a felony relating to serving on the

16-31  governing body of a charter school or any offense involving moral

16-32  turpitude.

16-33     2.  The governing body of a charter school is a public body. It is

16-34  hereby given such reasonable and necessary powers, not conflicting

16-35  with the Constitution and the laws of the State of Nevada, as may be

16-36  requisite to attain the ends for which the charter school is

16-37  established and to promote the welfare of pupils who are enrolled in

16-38  the charter school.

16-39     3.  The governing body of a charter school shall, during each

16-40  calendar quarter, hold at least one regularly scheduled public

16-41  meeting in the county in which the charter school is located.

16-42     4.  As used in subsection 1, “teacher” means a person who:

16-43     (a) Holds a current license to teach issued pursuant to chapter

16-44  391 of NRS; and

17-1      (b) Has at least 2 years of experience as an employed

17-2  teacher.

17-3  The term does not include a person who is employed as a substitute

17-4  teacher.

17-5      Secs. 21-23.  (Deleted by amendment.)

17-6      Sec. 24. NRS 398.460 is hereby amended to read as follows:

17-7  398.460  1.  Except as otherwise provided in subsection 2, the

17-8  Secretary of State shall issue a certificate of registration to a natural

17-9  person who complies with NRS 398.452 or whose application has

17-10  been accepted under NRS 398.456.

17-11     2.  The Secretary of State may refuse to issue a certificate of

17-12  registration if he determines that the applicant has engaged in

17-13  conduct that has a significant adverse effect on his fitness to act as

17-14  an athlete’s agent. In making this determination, the Secretary of

17-15  State may consider whether the applicant has:

17-16     (a) Been convicted of a crime that, if committed in this state,

17-17  would be a crime involving moral turpitude or a felony[;] relating

17-18  to his fitness to act as an athlete’s agent;

17-19     (b) Made a materially false, misleading, deceptive or fraudulent

17-20  representation in his application or as an athlete’s agent;

17-21     (c) Engaged in conduct that would disqualify him from serving

17-22  in a fiduciary capacity;

17-23     (d) Engaged in conduct prohibited by NRS 398.496;

17-24     (e) Had registration or licensure as an athlete’s agent suspended,

17-25  revoked or denied, or been refused renewal of registration or

17-26  licensure as an athlete’s agent, in any state;

17-27     (f) Engaged in conduct whose consequence was that a sanction,

17-28  suspension or declaration of ineligibility to participate in an

17-29  interscholastic or intercollegiate athletic event was imposed on a

17-30  student athlete or an institution; or

17-31     (g) Engaged in conduct that significantly adversely reflects on

17-32  his credibility, honesty or integrity.

17-33     3.  In making a determination pursuant to subsection 2, the

17-34  Secretary of State shall consider:

17-35     (a) How recently the conduct occurred;

17-36     (b) The nature of the conduct and the context in which it

17-37  occurred; and

17-38     (c) Any other relevant conduct of the applicant.

17-39     Sec. 25.  NRS 463.335 is hereby amended to read as follows:

17-40     463.335  1.  The Legislature finds that, to protect and promote

17-41  the health, safety, morals, good order and general welfare of the

17-42  inhabitants of the State of Nevada and to carry out the policy

17-43  declared in NRS 463.0129, it is necessary that the Board:

18-1      (a) Ascertain and keep itself informed of the identity, prior

18-2  activities and present location of all gaming employees and

18-3  independent agents in the State of Nevada; and

18-4      (b) Maintain confidential records of such information.

18-5      2.  Except as otherwise provided in subsection 3, a person may

18-6  not be employed as a gaming employee or serve as an independent

18-7  agent unless he is the holder of a valid work permit to work as a

18-8  gaming employee issued pursuant to this section. A work permit to

18-9  work as a gaming employee may be issued by the Board or by a

18-10  county or city licensing authority. An applicant for a work permit

18-11  shall file his application for a work permit with the licensing

18-12  authority of the city in which he resides if that city requires a work

18-13  permit. If the city in which he resides does not require such a permit,

18-14  the applicant shall file his application with the licensing authority of

18-15  the county in which he resides if that county requires a work permit.

18-16  If the county in which he resides does not require such a permit, the

18-17  applicant shall file his application with the Board. The Board shall,

18-18  by regulation, prescribe the form for an application for a work

18-19  permit to work as a gaming employee. The fee for such a permit

18-20  may be charged only to cover the actual investigative and

18-21  administrative costs related to processing an application for such a

18-22  permit and must not exceed $75.

18-23     3.  An independent agent is not required to hold a work permit

18-24  if he is not a resident of this state and has registered with the Board

18-25  in accordance with the provisions of the regulations adopted by the

18-26  Commission.

18-27     4.  Upon receipt of an application for a work permit to work as

18-28  a gaming employee, the Board or licensing authority shall conduct

18-29  an investigation of the applicant to determine whether he is eligible

18-30  for the permit. In conducting the investigation, the Board or

18-31  licensing authority shall forward a complete set of the applicant’s

18-32  fingerprints to the Central Repository for Nevada Records of

18-33  Criminal History for submission to the Federal Bureau of

18-34  Investigation for a report concerning the criminal history of the

18-35  applicant. The investigation need not be limited solely to

18-36  consideration of the results of the report concerning the criminal

18-37  history of the applicant.

18-38     5.  A work permit issued to a gaming employee or an

18-39  independent agent must have clearly imprinted thereon a statement

18-40  that it is valid for gaming purposes only.

18-41     6.  Unless denied or objected to by the Board at the time that

18-42  the permittee filed a notice of a change in his place of employment

18-43  pursuant to subsection 8 and unless suspended or revoked, such a

18-44  permit expires on the fifth anniversary of the permittee’s birthday,

18-45  measured from the birthday nearest the date of issuance or renewal.

19-1  If the date of birth of a permittee is on February 29 in a leap year,

19-2  for the purposes of this section, his date of birth shall be deemed to

19-3  be on February 28.

19-4      7.  Whenever any person applies to a county or city licensing

19-5  authority for the issuance or renewal of a work permit, the county or

19-6  city officer or employee to whom the application is made shall

19-7  within 24 hours mail or deliver a copy thereof to the Board, and may

19-8  at the discretion of the county or city licensing authority issue a

19-9  temporary work permit that is valid for 120 days. If within 120 days

19-10  after receipt by the Board of the copy of the application, the Board

19-11  has not notified the county or city licensing authority of any

19-12  objection, the authority may issue, renew or deny a permanent work

19-13  permit to the applicant.

19-14     8.  A gaming employee who is issued a work permit is eligible

19-15  for employment in any licensed gaming establishment in this state

19-16  until the work permit is denied or objected to by the Board, expires

19-17  or is revoked. However, each such employee shall notify the Board

19-18  within 10 days following any change of his place of employment at

19-19  a gaming establishment. Such a notification shall be deemed an

19-20  application for a work permit that the Board may deny or object to

19-21  after conducting any investigations the Board deems appropriate.

19-22  The provisions of subsections 9 to 16, inclusive, apply to any such

19-23  objection of the Board. The Commission shall adopt regulations to:

19-24     (a) Facilitate uniform procedures for the issuance of work

19-25  permits by counties and cities;

19-26     (b) Establish uniform criteria for denial by a county or city

19-27  licensing authority of an application for a work permit; and

19-28     (c) Provide for the creation and maintenance of a system of

19-29  records that contain information regarding the current place of

19-30  employment of each person who possesses a valid work permit.

19-31     9.  If the Board, within the 120-day period, notifies:

19-32     (a) The county or city licensing authority; and

19-33     (b) The applicant,

19-34  that the Board objects to the granting of a work permit to the

19-35  applicant, the authority shall deny the work permit and shall

19-36  immediately revoke and repossess any temporary work permit

19-37  which it may have issued. The notice of objection by the Board

19-38  which is sent to the applicant must include a statement of the facts

19-39  upon which the Board relied in making its objection.

19-40     10.  Whenever an application for a work permit is made to the

19-41  Board and the Board denies such an application, it shall include in

19-42  its notice of the denial a statement of the facts upon which it relied

19-43  in denying the application.

19-44     11.  Any person whose application for a work permit has been

19-45  denied because of an objection by the Board or whose application

20-1  has been denied by the Board may, not later than 60 days after

20-2  receiving notice of the denial or objection, apply to the Board for a

20-3  hearing. A failure of a person whose application has been denied to

20-4  apply for a hearing within 60 days or his failure to appear at a

20-5  hearing of the Board conducted pursuant to this section shall be

20-6  deemed to be an admission that the denial or objection is well-

20-7  founded, and the failure precludes administrative or judicial review.

20-8  At the hearing, the Board shall take any testimony deemed

20-9  necessary. After the hearing, the Board shall review the testimony

20-10  taken and any other evidence, and shall within 45 days after the date

20-11  of the hearing mail to the applicant its decision sustaining or

20-12  reversing the denial of the work permit or the objection to the

20-13  issuance of a work permit.

20-14     12.  The Board may object to the issuance of a work permit or

20-15  may refuse to issue a work permit for any cause deemed reasonable

20-16  by the Board. The Board may object or refuse if the applicant has:

20-17     (a) Failed to disclose or misstated information or otherwise

20-18  attempted to mislead the Board with respect to any material fact

20-19  contained in the application for the issuance or renewal of a work

20-20  permit;

20-21     (b) Knowingly failed to comply with the provisions of this

20-22  chapter or chapter 463B, 464 or 465 of NRS or the regulations of

20-23  the Commission at a place of previous employment;

20-24     (c) Committed, attempted or conspired to commit any crime of

20-25  moral turpitude, embezzlement or larceny or any violation of any

20-26  law pertaining to gaming, or any crime which is inimical to the

20-27  declared policy of this state concerning gaming;

20-28     (d) Committed, attempted or conspired to commit a crime which

20-29  is a felony or gross misdemeanor in this state or an offense in

20-30  another state or jurisdiction which would be a felony or gross

20-31  misdemeanor if committed in this state [;] and which relates to the

20-32  applicant’s suitability or qualifications to work as a gaming

20-33  employee;

20-34     (e) Been identified in the published reports of any federal or

20-35  state legislative or executive body as being a member or associate of

20-36  organized crime, or as being of notorious and unsavory reputation;

20-37     (f) Been placed and remains in the constructive custody of any

20-38  federal, state or municipal law enforcement authority; or

20-39     (g) Had a work permit revoked or committed any act which is a

20-40  ground for the revocation of a work permit or would have been a

20-41  ground for revoking his work permit if he had then held a work

20-42  permit.

20-43  If the Board issues or does not object to the issuance of a work

20-44  permit to an applicant, it may specially limit the period for which

20-45  the permit is valid, limit the job classifications for which the holder

21-1  of the permit may be employed and establish such individual

21-2  conditions for the issuance, renewal and effectiveness of the permit

21-3  as the Board deems appropriate, including required submission to

21-4  unscheduled tests for the presence of alcohol or controlled

21-5  substances.

21-6      13.  Any applicant aggrieved by the decision of the Board may,

21-7  within 15 days after the announcement of the decision, apply in

21-8  writing to the Commission for review of the decision. Review is

21-9  limited to the record of the proceedings before the Board. The

21-10  Commission may sustain, modify or reverse the Board’s decision.

21-11  The decision of the Commission is subject to judicial review

21-12  pursuant to NRS 463.315 to 463.318, inclusive.

21-13     14.  Except as otherwise provided in this subsection, all records

21-14  acquired or compiled by the Board or Commission relating to any

21-15  application made pursuant to this section and all lists of persons to

21-16  whom work permits have been issued or denied and all records of

21-17  the names or identity of persons engaged in the gaming industry in

21-18  this state are confidential and must not be disclosed except in the

21-19  proper administration of this chapter or to an authorized law

21-20  enforcement agency. Upon receipt of a request from the Welfare

21-21  Division of the Department of Human Resources pursuant to NRS

21-22  425.400 for information relating to a specific person who has

21-23  applied for or holds a work permit, the Board shall disclose to the

21-24  Division his social security number, residential address and current

21-25  employer as that information is listed in the files and records of the

21-26  Board. Any record of the Board or Commission which shows that

21-27  the applicant has been convicted of a crime in another state must

21-28  show whether the crime was a misdemeanor, gross misdemeanor,

21-29  felony or other class of crime as classified by the state in which the

21-30  crime was committed. In a disclosure of the conviction, reference to

21-31  the classification of the crime must be based on the classification in

21-32  the state where it was committed.

21-33     15.  The Chairman of the Board may designate a member of the

21-34  Board or the Board may appoint a hearing examiner and authorize

21-35  that person to perform on behalf of the Board any of the following

21-36  functions required of the Board by this section concerning work

21-37  permits:

21-38     (a) Conducting a hearing and taking testimony;

21-39     (b) Reviewing the testimony and evidence presented at the

21-40  hearing;

21-41     (c) Making a recommendation to the Board based upon the

21-42  testimony and evidence or rendering a decision on behalf of

21-43  the Board to sustain or reverse the denial of a work permit or the

21-44  objection to the issuance or renewal of a work permit; and

21-45     (d) Notifying the applicant of the decision.

22-1      16.  Notice by the Board as provided pursuant to this section is

22-2  sufficient if it is mailed to the applicant’s last known address as

22-3  indicated on the application for a work permit, or the record of the

22-4  hearing, as the case may be. The date of mailing may be proven by a

22-5  certificate signed by an officer or employee of the Board which

22-6  specifies the time the notice was mailed. The notice shall be deemed

22-7  to have been received by the applicant 5 days after it is deposited

22-8  with the United States Postal Service with the postage thereon

22-9  prepaid.

22-10     Sec. 26.  NRS 489.421 is hereby amended to read as follows:

22-11     489.421  The following grounds, among others, constitute

22-12  grounds for disciplinary action under NRS 489.381:

22-13     1.  Revocation or denial of a license issued pursuant to this

22-14  chapter or an equivalent license in any other state, territory or

22-15  country.

22-16     2.  Failure of the licensee to maintain any other license required

22-17  by any political subdivision of this state.

22-18     3.  Failure to respond to a notice served by the Division as

22-19  provided by law within the time specified in the notice.

22-20     4.  Failure to take the corrective action required in a notice of

22-21  violation issued pursuant to NRS 489.291.

22-22     5.  Failure or refusing to permit access by the Administrator to

22-23  documentary materials set forth in NRS 489.231.

22-24     6.  Disregarding or violating any order of the Administrator,

22-25  any agreement with the Division, or any provision of this chapter or

22-26  any regulation adopted under it.

22-27     7.  Conviction of a misdemeanor for violation of any of the

22-28  provisions of this chapter.

22-29     8.  Conviction of or entering a plea of guilty, guilty but

22-30  mentally ill or nolo contendere to [a] :

22-31     (a) A felony relating to the position for which the applicant

22-32  has applied or the licensee has been licensed pursuant to this

22-33  chapter; or [a]

22-34     (b) A crime of moral turpitude in this state or any other state,

22-35  territory or country.

22-36     9.  Any other conduct that constitutes deceitful, fraudulent or

22-37  dishonest dealing.

22-38     Sec. 27.  NRS 611.045 is hereby amended to read as follows:

22-39  611.045  1.  The Labor Commissioner may issue a license to an

22-40  applicant for the conduct of an employment agency:

22-41     (a) After making an investigation of the applicant and finding

22-42  that he is of good moral character and has not been convicted of a

22-43  felony relating to the conduct of an employment agency or any

22-44  offense involving moral turpitude;

23-1      (b) After making an investigation of the premises where the

23-2  proposed employment agency will be conducted and finding that the

23-3  premises are suitable for the purpose;

23-4      (c) Upon determining that the applicant is a resident of this

23-5  state; and

23-6      (d) Upon the applicant’s payment of the licensing fee prescribed

23-7  in NRS 611.060.

23-8      2.  The Labor Commissioner shall complete his investigation of

23-9  the applicant within 60 days after such applicant has submitted his

23-10  application.

23-11     3.  A license to conduct an employment agency is valid only as

23-12  to the person and place named in the license and is effective from

23-13  the date specified therein to and including the next following

23-14  December 31, unless sooner suspended or revoked.

23-15     4.  Annually at least 15 days prior to the expiration date of the

23-16  license, the licensee must apply for renewal in the manner

23-17  prescribed by regulation of the Labor Commissioner. Pending

23-18  administrative action on a renewal application, the license may be

23-19  continued in effect for a period not to exceed 60 days beyond the

23-20  expiration date of the license.

23-21     Sec. 28.  NRS 623A.065 is hereby amended to read as follows:

23-22  623A.065  For the purposes of this chapter, a person has good

23-23  moral character if he:

23-24     1.  [Has not been convicted of a class A felony;

23-25     2.] Has not been convicted of a felony , [other than a class A

23-26  felony or a] misdemeanor or gross misdemeanor that is directly

23-27  related to the practice of landscape architecture;

23-28     [3.] 2. Has not committed an act involving dishonesty, fraud,

23-29  misrepresentation, breach of a fiduciary duty, gross negligence or

23-30  incompetence while engaged in the practice of landscape

23-31  architecture;

23-32     [4.] 3. Is not incarcerated in a jail or prison at the time of

23-33  submitting an application for a certificate of registration or a

23-34  certificate to practice as a landscape architect intern;

23-35     [5.] 4. Has not committed fraud or misrepresentation in

23-36  connection with:

23-37     (a) The submission of an application for a certificate of

23-38  registration or certificate to practice as a landscape architect intern;

23-39  or

23-40     (b) The taking of one or more examinations pursuant to the

23-41  provisions of this chapter;

23-42     [6.] 5. Has not had his certificate of registration suspended or

23-43  revoked by the Board or in any other state or country;

23-44     [7.] 6. Has not, in lieu of receiving disciplinary action against

23-45  him, surrendered a certificate of registration or certificate to practice

24-1  as a landscape architect intern in this state or a certificate or license

24-2  to practice landscape architecture issued in another state or country;

24-3      [8.] 7. Has not engaged in the practice of landscape

24-4  architecture in this state or in any other state or country without a

24-5  license or certificate of registration or certificate to practice as a

24-6  landscape architect intern within the 2 years immediately preceding

24-7  the filing of an application for a certificate of registration or

24-8  certificate to practice as a landscape architect intern pursuant to the

24-9  provisions of this chapter; or

24-10     [9.] 8. Has not, within the 5 years immediately preceding the

24-11  filing of an application specified in subsection [8,] 7, engaged in

24-12  unprofessional conduct in violation of the regulations adopted by the

24-13  Board.

24-14     Sec. 29.  NRS 623A.280 is hereby amended to read as follows:

24-15     623A.280  1.  The following acts, among others, constitute

24-16  cause for disciplinary action if proof satisfactory to the Board is

24-17  presented that:

24-18     (a) A holder of a certificate of registration has signed or sealed

24-19  instruments of service which were not prepared by him or under his

24-20  direct supervision.

24-21     (b) A holder of a certificate of registration has permitted the use

24-22  of his signature or seal by another person to evade the provisions of

24-23  this chapter or any regulation adopted by the Board.

24-24     (c) A holder of a certificate of registration has not signed, sealed

24-25  or dated instruments of service prepared by him.

24-26     (d) A holder of a certificate of registration or certificate to

24-27  practice as a landscape architect intern impersonates a landscape

24-28  architect or landscape architect intern of the same or similar name.

24-29     (e) A holder of a certificate of registration or certificate to

24-30  practice as a landscape architect intern practices under an assumed,

24-31  fictitious or corporate name.

24-32     (f) A holder of a certificate of registration or certificate to

24-33  practice as a landscape architect intern practices landscape

24-34  architecture in violation of the provisions of this chapter or any

24-35  regulation adopted by the Board.

24-36     (g) A holder of a certificate of registration or certificate to

24-37  practice as a landscape architect intern has obtained his certificate of

24-38  registration or certificate to practice as a landscape architect intern

24-39  by fraud or misrepresentation.

24-40     (h) A holder of a certificate of registration or certificate to

24-41  practice as a landscape architect intern is guilty of fraud or deceit in

24-42  the practice of landscape architecture.

24-43     (i) A holder of a certificate of registration or certificate to

24-44  practice as a landscape architect intern is guilty of incompetency,

24-45  negligence or gross negligence.

25-1      (j) A holder of a certificate of registration or certificate to

25-2  practice as a landscape architect intern is convicted of, or enters a

25-3  plea of nolo contendere to[:

25-4          (1) Any felony; or

25-5          (2) Any] any crime, an essential element of which is

25-6  dishonesty, or which is directly related to the practice of landscape

25-7  architecture.

25-8      (k) A holder of a certificate of registration or certificate to

25-9  practice as a landscape architect intern is guilty of aiding or abetting

25-10  any person in the violation of the provisions of this chapter or any

25-11  regulation adopted by the Board.

25-12     (l) A person practices as a landscape architect with a certificate

25-13  of registration or certificate to practice as a landscape architect

25-14  intern that has expired or has been suspended or revoked.

25-15     (m) A holder of a certificate of registration or certificate to

25-16  practice as a landscape architect intern is disciplined by an agency

25-17  of another state or foreign country which regulates the practice of

25-18  landscape architecture and at least one of the grounds for the

25-19  disciplinary action taken is a ground for disciplinary action pursuant

25-20  to the provisions of this chapter.

25-21     (n) A holder of a certificate of registration or certificate to

25-22  practice as a landscape architect intern fails to comply with an order

25-23  issued by the Board or to cooperate in an investigation conducted by

25-24  the Board.

25-25     2.  As used in this section:

25-26     (a) “Gross negligence” means conduct that demonstrates a

25-27  reckless disregard of the consequences affecting the life or property

25-28  of another person.

25-29     (b) “Incompetency” means conduct that, in the practice of

25-30  landscape architecture, demonstrates a significant lack of ability,

25-31  knowledge or fitness to discharge a professional obligation.

25-32     (c) “Negligence” means a deviation from the normal standard of

25-33  professional care exercised generally by other members in the

25-34  practice of landscape architecture.

25-35     Sec. 30.  NRS 624.3016 is hereby amended to read as follows:

25-36     624.3016  The following acts or omissions, among others,

25-37  constitute cause for disciplinary action under NRS 624.300:

25-38     1.  Any fraudulent or deceitful act committed in the capacity of

25-39  a contractor.

25-40     2.  A conviction of a violation of NRS 624.730 , [or] a felony

25-41  relating to the practice of a contractor or a crime involving moral

25-42  turpitude.

25-43     3.  Knowingly making a false statement in or relating to the

25-44  recording of a notice of lien pursuant to the provisions of

25-45  NRS 108.226.

26-1      4.  Failure to give a notice required by NRS 108.245 or

26-2  108.246.

26-3      5.  Failure to comply with NRS 597.713, 597.716 or 597.719 or

26-4  any regulations of the Board governing contracts for the

26-5  construction of residential pools and spas.

26-6      6.  Failure to comply with NRS 624.600.

26-7      7.  Misrepresentation or the omission of a material fact, or the

26-8  commission of any other fraudulent or deceitful act, to obtain a

26-9  license.

26-10     8.  Failure to pay an assessment required pursuant to

26-11  NRS 624.470.

26-12     Sec. 31.  NRS 625.410 is hereby amended to read as follows:

26-13     625.410  The Board may take disciplinary action against a

26-14  licensee, an applicant for licensure, an intern or an applicant for

26-15  certification as an intern for:

26-16     1.  The practice of any fraud or deceit in obtaining or

26-17  attempting to obtain or renew a license or cheating on any

26-18  examination required by this chapter.

26-19     2.  Any gross negligence, incompetency or misconduct in the

26-20  practice of professional engineering as a professional engineer or in

26-21  the practice of land surveying as a professional land surveyor.

26-22     3.  Aiding or abetting any person in the violation of any

26-23  provision of this chapter or regulation adopted by the Board.

26-24     4.  Conviction of or entry of a plea of nolo contendere to[:

26-25     (a) Any felony; or

26-26     (b) Any] any crime, an essential element of which is dishonesty,

26-27  or which is directly related to the practice of engineering or land

26-28  surveying.

26-29     5.  A violation of any provision of this chapter or regulation

26-30  adopted by the Board.

26-31     6.  Discipline by another state or territory, the District of

26-32  Columbia, a foreign country, the Federal Government or any other

26-33  governmental agency, if at least one of the grounds for discipline is

26-34  the same or substantially equivalent to any ground contained in this

26-35  chapter.

26-36     7.  Practicing after the license of the professional engineer or

26-37  professional land surveyor has expired or has been suspended or

26-38  revoked.

26-39     8.  Failing to comply with an order issued by the Board.

26-40     9.  Failing to provide requested information within 30 days after

26-41  receipt of a request by the Board or its investigators concerning a

26-42  complaint made to the Board.

26-43     Sec. 32.  NRS 625A.160 is hereby amended to read as follows:

26-44     625A.160  The grounds for initiating disciplinary action under

26-45  this chapter are:

27-1      1.  Unprofessional conduct;

27-2      2.  Conviction of a felony relating to the practice of an

27-3  environmental health specialist or any offense involving moral

27-4  turpitude;

27-5      3.  The suspension or revocation of a certificate or license as an

27-6  environmental health specialist by any other jurisdiction; or

27-7      4.  Failure to meet the requirements for continuing education.

27-8      Sec. 33.  NRS 628.190 is hereby amended to read as follows:

27-9      628.190  1.  Except as otherwise provided in this section and

27-10  NRS 628.310, a certificate of certified public accountant must be

27-11  granted by the Board to any person who:

27-12     (a) Is a resident of this state or, if not a resident, has designated

27-13  to the Board an agent who is a resident for notification and service

27-14  of process;

27-15     (b) Is a person who is without any history of acts involving

27-16  dishonesty or moral turpitude;

27-17     (c) Complies with the requirements of education and experience

27-18  as provided in NRS 628.200;

27-19     (d) Has submitted to the Board a complete set of his fingerprints

27-20  and written permission authorizing the Board to forward the

27-21  fingerprints to the Central Repository for Nevada Records of

27-22  Criminal History for submission to the Federal Bureau of

27-23  Investigation for its report; and

27-24     (e) Has passed the examination prescribed by the Board.

27-25     2.  The Board may refuse to grant a certificate of certified

27-26  public accountant to an applicant if he has been convicted of a

27-27  felony relating to the practice of a certified public accountant

27-28  under the laws of any state or of the United States.

27-29     3.  The Board may issue a provisional certificate to an applicant

27-30  until the Board receives the report from the Federal Bureau of

27-31  Investigation.

27-32     Sec. 34.  NRS 628.390 is hereby amended to read as follows:

27-33     628.390  1.  After giving notice and conducting a hearing, the

27-34  Board may revoke, or may suspend for a period of not more than 5

27-35  years, any certificate issued under NRS 628.190 to 628.310,

27-36  inclusive, any registration or license granted to a registered public

27-37  accountant under NRS 628.350, or any registration of a partnership,

27-38  corporation, limited-liability company or office, or may revoke,

27-39  suspend or refuse to renew any permit issued under NRS 628.380,

27-40  or may censure the holder of any permit, for any one or any

27-41  combination of the following causes:

27-42     (a) Fraud or deceit in obtaining a certificate as a certified public

27-43  accountant, or in obtaining registration or a license as a public

27-44  accountant under this chapter, or in obtaining a permit to practice

27-45  public accounting under this chapter.

28-1      (b) Dishonesty, fraud or gross negligence by a certified or

28-2  registered public accountant in the practice of public accounting or,

28-3  if not in the practice of public accounting, of a kind which adversely

28-4  affects the ability to perform public accounting.

28-5      (c) Violation of any of the provisions of this chapter.

28-6      (d) Violation of a regulation or rule of professional conduct

28-7  adopted by the Board under the authority granted by this chapter.

28-8      (e) Conviction of a felony under the laws of any state or of the

28-9  United States[.] relating to the practice of public accounting.

28-10     (f) Conviction of any crime, an element of which is dishonesty

28-11  or fraud, under the laws of any state or of the United States.

28-12     (g) Cancellation, revocation, suspension or refusal to renew

28-13  authority to practice as a certified public accountant or a registered

28-14  public accountant by any other state, for any cause other than failure

28-15  to pay an annual registration fee or to comply with requirements for

28-16  continuing education or review of his practice in the other state.

28-17     (h) Suspension or revocation of the right to practice before any

28-18  state or federal agency.

28-19     (i) Unless the person has been placed on inactive or retired

28-20  status, failure to obtain an annual permit under NRS 628.380,

28-21  within:

28-22         (1) Sixty days after the expiration date of the permit to

28-23  practice last obtained or renewed by the holder of a certificate or

28-24  registrant; or

28-25         (2) Sixty days after the date upon which the holder of a

28-26  certificate or registrant was granted his certificate or registration, if

28-27  no permit was ever issued to him, unless the failure has been

28-28  excused by the Board.

28-29     (j) Conduct discreditable to the profession of public accounting

28-30  or which reflects adversely upon the fitness of the person to engage

28-31  in the practice of public accounting.

28-32     (k) Making a false or misleading statement in support of an

28-33  application for a certificate, registration or permit of another person.

28-34     2.  After giving notice and conducting a hearing, the Board may

28-35  deny an application to take the examination prescribed by the Board

28-36  pursuant to NRS 628.190, deny a person admission to such an

28-37  examination, invalidate a grade received for such an examination or

28-38  deny an application for a certificate issued pursuant to NRS 628.190

28-39  to 628.310, inclusive, to a person who has:

28-40     (a) Made any false or fraudulent statement, or any misleading

28-41  statement or omission relating to a material fact in an application:

28-42         (1) To take the examination prescribed by the Board pursuant

28-43  to NRS 628.190; or

28-44         (2) For a certificate issued pursuant to NRS 628.190 to

28-45  628.310, inclusive;

29-1      (b) Cheated on an examination prescribed by the Board pursuant

29-2  to NRS 628.190 or any such examination taken in another state or

29-3  jurisdiction of the United States;

29-4      (c) Aided, abetted or conspired with any person in a violation of

29-5  the provisions of paragraph (a) or (b); or

29-6      (d) Committed any combination of the acts set forth in

29-7  paragraphs (a), (b) and (c).

29-8      3.  In addition to other penalties prescribed by this section, the

29-9  Board may impose a civil penalty of not more than $5,000 for each

29-10  violation of this section. The Board may recover:

29-11     (a) Attorney’s fees and costs incurred with respect to a hearing

29-12  held pursuant to this section from a person who is found in violation

29-13  of any of the provisions of this section;

29-14     (b) Attorney’s fees and costs incurred in the recovery of a civil

29-15  penalty imposed pursuant to this section; and

29-16     (c) Any other costs incurred by the Board as a result of such a

29-17  violation.

29-18     Sec. 35.  NRS 630.301 is hereby amended to read as follows:

29-19     630.301  The following acts, among others, constitute grounds

29-20  for initiating disciplinary action or denying licensure:

29-21     1.  Conviction of [a felony,] any offense involving moral

29-22  turpitude or any offense relating to the practice of medicine or the

29-23  ability to practice medicine. A plea of nolo contendere is a

29-24  conviction for the purposes of this subsection.

29-25     2.  Conviction of violating any of the provisions of NRS

29-26  616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350

29-27  to 616D.440, inclusive.

29-28     3.  The revocation, suspension, modification or limitation of the

29-29  license to practice any type of medicine by any other jurisdiction or

29-30  the surrender of the license or discontinuing the practice of medicine

29-31  while under investigation by any licensing authority, a medical

29-32  facility, a branch of the Armed Services of the United States, an

29-33  insurance company, an agency of the Federal Government or an

29-34  employer.

29-35     4.  Malpractice, which may be evidenced by claims settled

29-36  against a practitioner.

29-37     5.  The engaging by a practitioner in any sexual activity with a

29-38  patient who is currently being treated by the practitioner.

29-39     6.  Disruptive behavior with physicians, hospital personnel,

29-40  patients, members of the families of patients or any other persons if

29-41  the behavior interferes with patient care or has an adverse impact on

29-42  the quality of care rendered to a patient.

29-43     7.  The engaging in conduct that violates the trust of a patient

29-44  and exploits the relationship between the physician and the patient

29-45  for financial or other personal gain.

30-1      8.  The failure to offer appropriate procedures or studies, to

30-2  protest inappropriate denials by organizations for managed care, to

30-3  provide necessary services or to refer a patient to an appropriate

30-4  provider, when such a failure occurs with the intent of positively

30-5  influencing the financial well-being of the practitioner or an insurer.

30-6      9.  The engaging in conduct that brings the medical profession

30-7  into disrepute, including, without limitation, conduct that violates

30-8  any provision of a national code of ethics adopted by the Board by

30-9  regulation.

30-10     10.  The engaging in sexual contact with the surrogate of a

30-11  patient or other key persons related to a patient, including, without

30-12  limitation, a spouse, parent or legal guardian, which exploits the

30-13  relationship between the physician and the patient in a sexual

30-14  manner.

30-15     Sec. 36.  NRS 630A.340 is hereby amended to read as follows:

30-16     630A.340  The following acts, among others, constitute

30-17  grounds for initiating disciplinary action or denying the issuance of

30-18  a license:

30-19     1.  Unprofessional conduct.

30-20     2.  Conviction of:

30-21     (a) A violation of any federal or state law regulating the

30-22  possession, distribution or use of any controlled substance or any

30-23  dangerous drug as defined in chapter 454 of NRS;

30-24     (b) [A felony;

30-25     (c)] A violation of any of the provisions of NRS 616D.200,

30-26  616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to

30-27  616D.440, inclusive;

30-28     [(d)] (c) Any offense involving moral turpitude; or

30-29     [(e)] (d) Any offense relating to the practice of homeopathic

30-30  medicine or the ability to practice homeopathic medicine.

30-31  A plea of nolo contendere to any offense listed in [paragraph (a),

30-32  (b), (c), (d) or (e)] this subsection shall be deemed a conviction.

30-33     3.  The suspension, modification or limitation of a license to

30-34  practice any type of medicine by any other jurisdiction.

30-35     4.  The surrender of a license to practice any type of medicine

30-36  or the discontinuance of the practice of medicine while under

30-37  investigation by any licensing authority, medical facility, facility for

30-38  the dependent, branch of the Armed Forces of the United States,

30-39  insurance company, agency of the Federal Government or employer.

30-40     5.  Gross or repeated malpractice, which may be evidenced by

30-41  claims of malpractice settled against a practitioner.

30-42     6.  Professional incompetence.

30-43     Sec. 37.  NRS 632.320 is hereby amended to read as follows:

30-44     632.320  The Board may deny, revoke or suspend any license

30-45  or certificate applied for or issued pursuant to this chapter, or take

31-1  other disciplinary action against a licensee or holder of a certificate,

31-2  upon determining that he:

31-3      1.  Is guilty of fraud or deceit in procuring or attempting to

31-4  procure a license or certificate pursuant to this chapter.

31-5      2.  Is guilty of [a felony or] any offense:

31-6      (a) Involving moral turpitude; or

31-7      (b) Related to the qualifications, functions or duties of a licensee

31-8  or holder of a certificate,

31-9  in which case the record of conviction is conclusive evidence

31-10  thereof.

31-11     3.  Has been convicted of violating any of the provisions of

31-12  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

31-13  inclusive.

31-14     4.  Is unfit or incompetent by reason of gross negligence or

31-15  recklessness in carrying out usual nursing functions.

31-16     5.  Uses any controlled substance, dangerous drug as defined in

31-17  chapter 454 of NRS, or intoxicating liquor to an extent or in a

31-18  manner which is dangerous or injurious to any other person or

31-19  which impairs his ability to conduct the practice authorized by his

31-20  license or certificate.

31-21     6.  Is mentally incompetent.

31-22     7.  Is guilty of unprofessional conduct, which includes, but is

31-23  not limited to, the following:

31-24     (a) Conviction of practicing medicine without a license in

31-25  violation of chapter 630 of NRS, in which case the record of

31-26  conviction is conclusive evidence thereof.

31-27     (b) Impersonating any applicant or acting as proxy for an

31-28  applicant in any examination required pursuant to this chapter for

31-29  the issuance of a license or certificate.

31-30     (c) Impersonating another licensed practitioner or holder of a

31-31  certificate.

31-32     (d) Permitting or allowing another person to use his license or

31-33  certificate to practice as a licensed practical nurse, registered nurse

31-34  or nursing assistant.

31-35     (e) Repeated malpractice, which may be evidenced by claims of

31-36  malpractice settled against him.

31-37     (f) Physical, verbal or psychological abuse of a patient.

31-38     (g) Conviction for the use or unlawful possession of a controlled

31-39  substance or dangerous drug as defined in chapter 454 of NRS.

31-40     8.  Has willfully or repeatedly violated the provisions of this

31-41  chapter. The voluntary surrender of a license or certificate issued

31-42  pursuant to this chapter is prima facie evidence that the licensee or

31-43  certificate holder has committed or expects to commit a violation of

31-44  this chapter.

32-1      9.  Is guilty of aiding or abetting any person in a violation of

32-2  this chapter.

32-3      10.  Has falsified an entry on a patient’s medical chart

32-4  concerning a controlled substance.

32-5      11.  Has falsified information which was given to a physician,

32-6  pharmacist, podiatric physician or dentist to obtain a controlled

32-7  substance.

32-8      12.  Has been disciplined in another state in connection with a

32-9  license to practice nursing or a certificate to practice as a nursing

32-10  assistant or has committed an act in another state which would

32-11  constitute a violation of this chapter.

32-12     13.  Has engaged in conduct likely to deceive, defraud or

32-13  endanger a patient or the general public.

32-14     14.  Has willfully failed to comply with a regulation, subpoena

32-15  or order of the Board.

32-16  For the purposes of this section, a plea or verdict of guilty or guilty

32-17  but mentally ill or a plea of nolo contendere constitutes a conviction

32-18  of an offense. The Board may take disciplinary action pending the

32-19  appeal of a conviction.

32-20     Sec. 38.  NRS 633.511 is hereby amended to read as follows:

32-21     633.511  The grounds for initiating disciplinary action pursuant

32-22  to this chapter are:

32-23     1.  Unprofessional conduct.

32-24     2.  Conviction of:

32-25     (a) A violation of any federal or state law regulating the

32-26  possession, distribution or use of any controlled substance or any

32-27  dangerous drug as defined in chapter 454 of NRS;

32-28     (b) A felony[;] relating to the practice of osteopathic

32-29  medicine;

32-30     (c) A violation of any of the provisions of NRS 616D.200,

32-31  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

32-32     (d) Any offense involving moral turpitude.

32-33     3.  The suspension of the license to practice osteopathic

32-34  medicine by any other jurisdiction.

32-35     4.  Gross or repeated malpractice, which may be evidenced by

32-36  claims of malpractice settled against a practitioner.

32-37     5.  Professional incompetence.

32-38     6.  Failure to comply with the requirements of NRS 633.526.

32-39     Sec. 39.  NRS 634.140 is hereby amended to read as follows:

32-40     634.140  The grounds for initiating disciplinary action pursuant

32-41  to this chapter are:

32-42     1.  Unprofessional conduct.

32-43     2.  Conviction of:

33-1      (a) A violation of any federal or state law regulating the

33-2  possession, distribution or use of any controlled substance or any

33-3  dangerous drug as defined in chapter 454 of NRS;

33-4      (b) A felony[;] relating to the practice of chiropractic;

33-5      (c) A violation of any of the provisions of NRS 616D.200,

33-6  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

33-7      (d) Any offense involving moral turpitude.

33-8      3.  Suspension or revocation of the license to practice

33-9  chiropractic by any other jurisdiction.

33-10     4.  Gross or repeated malpractice.

33-11     5.  Referring, in violation of NRS 439B.425, a patient to a

33-12  health facility, medical laboratory or commercial establishment in

33-13  which the licensee has a financial interest.

33-14     Sec. 40.  NRS 634A.170 is hereby amended to read as follows:

33-15     634A.170  The Board may refuse to issue or may suspend or

33-16  revoke any license for any one or any combination of the following

33-17  causes:

33-18     1.  Conviction of:

33-19     (a) A felony[;] relating to the practice of Oriental medicine;

33-20     (b) Any offense involving moral turpitude;

33-21     (c) A violation of any state or federal law regulating the

33-22  possession, distribution or use of any controlled substance, as shown

33-23  by a certified copy of the record of the court; or

33-24     (d) A violation of any of the provisions of NRS 616D.200,

33-25  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

33-26     2.  The obtaining of or any attempt to obtain a license or

33-27  practice in the profession for money or any other thing of value, by

33-28  fraudulent misrepresentations;

33-29     3.  Gross or repeated malpractice, which may be evidenced by

33-30  claims of malpractice settled against a practitioner;

33-31     4.  Advertising by means of a knowingly false or deceptive

33-32  statement;

33-33     5.  Advertising, practicing or attempting to practice under a

33-34  name other than one’s own;

33-35     6.  Habitual drunkenness or habitual addiction to the use of a

33-36  controlled substance;

33-37     7.  Using any false, fraudulent or forged statement or document,

33-38  or engaging in any fraudulent, deceitful, dishonest or immoral

33-39  practice in connection with the licensing requirements of this

33-40  chapter;

33-41     8.  Sustaining a physical or mental disability which renders

33-42  further practice dangerous;

33-43     9.  Engaging in any dishonorable, unethical or unprofessional

33-44  conduct which may deceive, defraud or harm the public, or which is

33-45  unbecoming a person licensed to practice under this chapter;

34-1      10.  Using any false or fraudulent statement in connection with

34-2  the practice of Oriental medicine or any branch thereof;

34-3      11.  Violating or attempting to violate, or assisting or abetting

34-4  the violation of, or conspiring to violate any provision of this

34-5  chapter;

34-6      12.  Being adjudicated incompetent or insane;

34-7      13.  Advertising in an unethical or unprofessional manner;

34-8      14.  Obtaining a fee or financial benefit for any person by the

34-9  use of fraudulent diagnosis, therapy or treatment;

34-10     15.  Willful disclosure of a privileged communication;

34-11     16.  Failure of a licensee to designate the nature of his practice

34-12  in the professional use of his name by the term doctor of Oriental

34-13  medicine;

34-14     17.  Willful violation of the law relating to the health, safety or

34-15  welfare of the public or of the regulations adopted by the State

34-16  Board of Health;

34-17     18.  Administering, dispensing or prescribing any controlled

34-18  substance, except for the prevention, alleviation or cure of disease or

34-19  for relief from suffering; and

34-20     19.  Performing, assisting or advising in the injection of any

34-21  liquid silicone substance into the human body.

34-22     Sec. 41.  NRS 636.295 is hereby amended to read as follows:

34-23     636.295  The following acts, conduct, omissions, or mental or

34-24  physical conditions, or any of them, committed, engaged in,

34-25  omitted, or being suffered by a licensee, constitute sufficient cause

34-26  for disciplinary action:

34-27     1.  Affliction of the licensee with any communicable disease

34-28  likely to be communicated to other persons.

34-29     2.  Commission by the licensee of a felony relating to the

34-30  practice of optometry or a gross misdemeanor involving moral

34-31  turpitude of which he has been convicted and from which he has

34-32  been sentenced by a final judgment of a federal or state court in this

34-33  or any other state, the judgment not having been reversed or vacated

34-34  by a competent appellate court and the offense not having been

34-35  pardoned by executive authority.

34-36     3.  Conviction of any of the provisions of NRS 616D.200,

34-37  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

34-38     4.  Commission of fraud by or on behalf of the licensee in

34-39  obtaining his license or a renewal thereof, or in practicing optometry

34-40  thereunder.

34-41     5.  Habitual drunkenness or addiction to any controlled

34-42  substance.

34-43     6.  Gross incompetency.

34-44     7.  Affliction with any mental or physical disorder or

34-45  disturbance seriously impairing his competency as an optometrist.

35-1      8.  Making false or misleading representations, by or on behalf

35-2  of the licensee, with respect to optometric materials or services.

35-3      9.  Practice by the licensee, or attempting or offering so to do,

35-4  while he is in an intoxicated condition.

35-5      10.  Perpetration of unethical or unprofessional conduct in the

35-6  practice of optometry.

35-7      11.  Any violation of the provisions of this chapter or any

35-8  regulations adopted pursuant thereto.

35-9      Sec. 42.  NRS 637A.250 is hereby amended to read as follows:

35-10     637A.250  The Board may take disciplinary action against a

35-11  licensee after a hearing which discloses that the licensee:

35-12     1.  Has been convicted of a felony[.] relating to the practice of

35-13  hearing aid specialists.

35-14     2.  Has been convicted of violating any of the provisions of

35-15  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

35-16  inclusive.

35-17     3.  Obtained the license by fraud or misrepresentation.

35-18     4.  Has made any false or fraudulent statements concerning

35-19  hearing aids or the business of hearing aid specialist.

35-20     5.  Has been guilty of negligence, incompetence or

35-21  unprofessional conduct in his practice as a hearing aid specialist. As

35-22  used in this subsection, “unprofessional conduct” includes, without

35-23  limitation:

35-24     (a) Conduct which is intended to deceive or which the Board by

35-25  specific regulation has determined is unethical;

35-26     (b) Conduct which is harmful to the public or any conduct

35-27  detrimental to the public health or safety;

35-28     (c) Conduct for which disciplinary action was taken by an

35-29  agency of another state which is authorized to regulate the practice

35-30  of hearing aid specialists; and

35-31     (d) Knowingly employing, directly or indirectly, any person

35-32  who is not licensed to fit or dispense hearing aids or whose license

35-33  to fit or dispense hearing aids has been suspended or revoked.

35-34     6.  Has loaned or transferred his license to another person.

35-35     7.  Willfully violated any law of this state or any provision of

35-36  this chapter regulating hearing aid specialists or the operation of an

35-37  office, store or other location for dispensing hearing aids.

35-38     Sec. 43.  NRS 637B.250 is hereby amended to read as follows:

35-39     637B.250  The grounds for initiating disciplinary action

35-40  pursuant to this chapter are:

35-41     1.  Unprofessional conduct.

35-42     2.  Conviction of:

35-43     (a) A violation of any federal or state law regarding the

35-44  possession, distribution or use of any controlled substance or any

35-45  dangerous drug as defined in chapter 454 of NRS;

36-1      (b) A felony[;] relating to the practice of audiology or speech

36-2  pathology;

36-3      (c) A violation of any of the provisions of NRS 616D.200,

36-4  616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

36-5      (d) Any offense involving moral turpitude.

36-6      3.  Suspension or revocation of a license to practice audiology

36-7  or speech pathology by any other jurisdiction.

36-8      4.  Gross or repeated malpractice, which may be evidenced by

36-9  claims of malpractice settled against a practitioner.

36-10     5.  Professional incompetence.

36-11     Sec. 44.  NRS 638.140 is hereby amended to read as follows:

36-12     638.140  The following acts, among others, are grounds for

36-13  disciplinary action:

36-14     1.  Violation of a regulation adopted by the State Board of

36-15  Pharmacy or the Nevada State Board of Veterinary Medical

36-16  Examiners;

36-17     2.  Habitual drunkenness;

36-18     3.  Addiction to the use of a controlled substance;

36-19     4.  Conviction of or a plea of nolo contendere to a felony[,]

36-20  related to the practice of veterinary medicine, or any offense

36-21  involving moral turpitude;

36-22     5.  Incompetence;

36-23     6.  Negligence;

36-24     7.  Malpractice pertaining to veterinary medicine as evidenced

36-25  by an action for malpractice in which the holder of a license is found

36-26  liable for damages;

36-27     8.  Conviction of a violation of any law concerning the

36-28  possession, distribution or use of a controlled substance or a

36-29  dangerous drug as defined in chapter 454 of NRS;

36-30     9.  Willful failure to comply with any provision of this chapter,

36-31  a regulation, subpoena or order of the Board, the standard of care

36-32  established by the American Veterinary Medical Association, or an

36-33  order of a court;

36-34     10.  Prescribing, administering or dispensing a controlled

36-35  substance to an animal to influence the outcome of a competitive

36-36  event in which the animal is a competitor;

36-37     11.  Willful failure to comply with a request by the Board for

36-38  medical records within 14 days after receipt of a demand letter

36-39  issued by the Board;

36-40     12.  Willful failure to accept service by mail or in person from

36-41  the Board;

36-42     13.  Failure of a supervising veterinarian to provide immediate

36-43  or direct supervision to licensed or unlicensed personnel if the

36-44  failure results in malpractice or the death of an animal; and

37-1      14.  Failure of a supervising veterinarian to ensure that a

37-2  licensed veterinarian is on the premises of a facility or agency when

37-3  medical treatment is administered to an animal if the treatment

37-4  requires direct or immediate supervision by a licensed veterinarian.

37-5      Sec. 45.  NRS 639.210 is hereby amended to read as follows:

37-6      639.210  The Board may suspend or revoke any certificate,

37-7  license, registration or permit issued pursuant to this chapter, and

37-8  deny the application of any person for a certificate, license,

37-9  registration or permit, if the holder or applicant:

37-10     1.  Is not of good moral character;

37-11     2.  Is guilty of habitual intemperance;

37-12     3.  Becomes or is intoxicated or under the influence of liquor,

37-13  any depressant drug or a controlled substance, unless taken pursuant

37-14  to a lawfully issued prescription, while on duty in any establishment

37-15  licensed by the Board;

37-16     4.  Is guilty of unprofessional conduct or conduct contrary to

37-17  the public interest;

37-18     5.  Is addicted to the use of any controlled substance;

37-19     6.  Has been convicted of a violation of any law or regulation of

37-20  the Federal Government or of this or any other state related to

37-21  controlled substances, dangerous drugs, drug samples, or the

37-22  wholesale or retail distribution of drugs;

37-23     7.  Has been convicted of [a] :

37-24     (a) A felony relating to holding a certificate, license,

37-25  registration or permit pursuant to this chapter; or [other]

37-26     (b) Other crime involving moral turpitude, dishonesty or

37-27  corruption;

37-28     8.  Has been convicted of violating any of the provisions of

37-29  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

37-30  inclusive;

37-31     9.  Has willfully made to the Board or its authorized

37-32  representative any false statement which is material to the

37-33  administration or enforcement of any of the provisions of this

37-34  chapter;

37-35     10.  Has obtained any certificate, certification, license or permit

37-36  by the filing of an application, or any record, affidavit or other

37-37  information in support thereof, which is false or fraudulent;

37-38     11.  Has violated any provision of the Federal Food, Drug and

37-39  Cosmetic Act or any other federal law or regulation relating to

37-40  prescription drugs;

37-41     12.  Has violated, attempted to violate, assisted or abetted in the

37-42  violation of or conspired to violate any of the provisions of this

37-43  chapter or any law or regulation relating to drugs, the manufacture

37-44  or distribution of drugs or the practice of pharmacy, or has

37-45  knowingly permitted, allowed, condoned or failed to report a

38-1  violation of any of the provisions of this chapter or any law or

38-2  regulation relating to drugs, the manufacture or distribution of drugs

38-3  or the practice of pharmacy committed by the holder of a certificate,

38-4  license, registration or permit;

38-5      13.  Has failed to renew his certificate, license or permit by

38-6  failing to submit the application for renewal or pay the renewal fee

38-7  therefor;

38-8      14.  Has had his certificate, license or permit suspended or

38-9  revoked in another state on grounds which would cause suspension

38-10  or revocation of a certificate, license or permit in this state;

38-11     15.  Has, as a managing pharmacist, violated any provision of

38-12  law or regulation concerning recordkeeping or inventory in a store

38-13  over which he presides, or has knowingly allowed a violation of any

38-14  provision of this chapter or other state or federal laws or regulations

38-15  relating to the practice of pharmacy by personnel of the pharmacy

38-16  under his supervision;

38-17     16.  Has repeatedly been negligent, which may be evidenced by

38-18  claims of malpractice settled against him; or

38-19     17.  Has failed to maintain and make available to a state or

38-20  federal officer any records in accordance with the provisions of this

38-21  chapter or chapter 453 or 454 of NRS.

38-22     Sec. 46.  NRS 640A.200 is hereby amended to read as follows:

38-23     640A.200  1.  The Board may, after notice and hearing,

38-24  suspend, revoke or refuse to issue or renew a license to practice as

38-25  an occupational therapist or occupational therapy assistant, or may

38-26  impose conditions upon the use of that license, if the Board

38-27  determines that the holder of or applicant for the license is guilty of

38-28  unprofessional conduct which has endangered or is likely to

38-29  endanger the public health, safety or welfare. The Board may

38-30  reinstate a revoked license upon application by the person to whom

38-31  the license was issued not less than 1 year after the license is

38-32  revoked.

38-33     2.  If the Board receives a report pursuant to subsection 5 of

38-34  NRS 228.420, a hearing must be held to consider the report within

38-35  30 days after receiving the report.

38-36     3.  As used in this section, “unprofessional conduct” includes:

38-37     (a) The obtaining of a license by fraud or through the

38-38  misrepresentation or concealment of a material fact;

38-39     (b) The conviction of [any crime , except a misdemeanor which

38-40  does not involve] :

38-41         (1) A felony or gross misdemeanor relating to the practice

38-42  of occupational therapy; or

38-43         (2) Any crime involving moral turpitude; and

38-44     (c) The violation of any provision of this chapter or regulation

38-45  of the Board adopted pursuant to this chapter.

39-1      Sec. 47.  NRS 641.230 is hereby amended to read as follows:

39-2      641.230  The Board may suspend the license of a psychologist,

39-3  place a psychologist on probation, revoke the license of a

39-4  psychologist, require remediation for a psychologist or take any

39-5  other action specified by regulation if the Board finds by a

39-6  preponderance of the evidence that the psychologist has:

39-7      1.  Been convicted of a felony[.] relating to the practice of

39-8  psychology.

39-9      2.  Been convicted of any crime or offense that reflects the

39-10  inability of the psychologist to practice psychology with due regard

39-11  for the health and safety of others.

39-12     3.  Been convicted of violating any of the provisions of NRS

39-13  616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

39-14  inclusive.

39-15     4.  Engaged in gross malpractice or repeated malpractice or

39-16  gross negligence in the practice of psychology.

39-17     5.  Aided or abetted the practice of psychology by a person not

39-18  licensed by the Board.

39-19     6.  Made any fraudulent or untrue statement to the Board.

39-20     7.  Violated a regulation adopted by the Board.

39-21     8.  Had his license to practice psychology suspended or revoked

39-22  or has had any other disciplinary action taken against him by

39-23  another state or territory of the United States, the District of

39-24  Columbia or a foreign country, if at least one of the grounds for

39-25  discipline is the same or substantially equivalent to any ground

39-26  contained in this chapter.

39-27     9.  Failed to report to the Board within 30 days the revocation,

39-28  suspension or surrender of, or any other disciplinary action taken

39-29  against, a license or certificate to practice psychology issued to him

39-30  by another state or territory of the United States, the District of

39-31  Columbia or a foreign country.

39-32     10.  Violated or attempted to violate, directly or indirectly, or

39-33  assisted in or abetted the violation of or conspired to violate a

39-34  provision of this chapter.

39-35     11.  Performed or attempted to perform any professional service

39-36  while impaired by alcohol, drugs or by a mental or physical illness,

39-37  disorder or disease.

39-38     12.  Engaged in sexual activity with a patient.

39-39     13.  Been convicted of abuse or fraud in connection with any

39-40  state or federal program which provides medical assistance.

39-41     14.  Been convicted of submitting a false claim for payment to

39-42  the insurer of a patient.

39-43     Sec. 48.  NRS 641A.310 is hereby amended to read as follows:

39-44     641A.310  The Board may refuse to grant a license or may

39-45  suspend or revoke a license for any of the following reasons:

40-1      1.  Conviction of a felony[,] relating to the practice of

40-2  marriage and family therapy or of any offense involving moral

40-3  turpitude, the record of conviction being conclusive evidence

40-4  thereof.

40-5      2.  Habitual drunkenness or addiction to the use of a controlled

40-6  substance.

40-7      3.  Impersonating a licensed marriage and family therapist or

40-8  allowing another person to use his license.

40-9      4.  Using fraud or deception in applying for a license or in

40-10  passing the examination provided for in this chapter.

40-11     5.  Rendering or offering to render services outside the area of

40-12  his training, experience or competence.

40-13     6.  Committing unethical practices contrary to the interest of the

40-14  public as determined by the Board.

40-15     7.  Unprofessional conduct as determined by the Board.

40-16     8.  Negligence, fraud or deception in connection with services

40-17  he is licensed to provide pursuant to this chapter.

40-18     Sec. 49.  NRS 641B.400 is hereby amended to read as follows:

40-19     641B.400  The grounds for initiating disciplinary action

40-20  pursuant to this chapter are:

40-21     1.  Unprofessional conduct;

40-22     2.  Conviction of:

40-23     (a) A felony[;] relating to the practice of social work;

40-24     (b) Any offense involving moral turpitude; or

40-25     (c) A violation of any federal or state law regulating the

40-26  possession, distribution or use of any controlled substance or

40-27  dangerous drug as defined in chapter 454 of NRS;

40-28     3.  Use of fraud or deception in:

40-29     (a) Applying for a license;

40-30     (b) Undergoing the initial licensing examination; or

40-31     (c) Rendering services as a social worker;

40-32     4.  Allowing unauthorized use of a license issued pursuant to

40-33  this chapter;

40-34     5.  Professional incompetence;

40-35     6.  Practicing social work without a license; and

40-36     7.  The habitual use of alcohol or any controlled substance

40-37  which impairs the ability to practice social work.

40-38     Sec. 50.  NRS 641C.700 is hereby amended to read as follows:

40-39     641C.700  The grounds for initiating disciplinary action

40-40  pursuant to the provisions of this chapter include:

40-41     1.  Conviction of:

40-42     (a) A felony[;] relating to the practice of counseling alcohol

40-43  and drug abusers;

40-44     (b) An offense involving moral turpitude; or

41-1      (c) A violation of a federal or state law regulating the

41-2  possession, distribution or use of a controlled substance or

41-3  dangerous drug as defined in chapter 453 of NRS;

41-4      2.  Fraud or deception in:

41-5      (a) Applying for a license or certificate;

41-6      (b) Taking an examination for a license or certificate;

41-7      (c) Documenting the continuing education required to renew or

41-8  reinstate a license or certificate;

41-9      (d) Submitting a claim for payment to an insurer; or

41-10     (e) The practice of counseling alcohol and drug abusers;

41-11     3.  Allowing the unauthorized use of a license or certificate

41-12  issued pursuant to this chapter;

41-13     4.  Professional incompetence;

41-14     5.  The habitual use of alcohol or any other drug that impairs

41-15  the ability of a licensed or certified counselor or certified intern to

41-16  engage in the practice of counseling alcohol and drug abusers;

41-17     6.  Engaging in the practice of counseling alcohol and drug

41-18  abusers with an expired, suspended or revoked license or certificate;

41-19  and

41-20     7.  Engaging in behavior that is contrary to the ethical standards

41-21  as set forth in the regulations of the Board.

41-22     Sec. 51.  NRS 642.130 is hereby amended to read as follows:

41-23     642.130  The following acts are grounds for which the Board

41-24  may take disciplinary action against a person who is licensed to

41-25  practice the profession of embalming pursuant to this chapter or

41-26  refuse to issue such a license to an applicant therefor:

41-27     1.  Gross incompetency.

41-28     2.  Unprofessional, unethical or dishonest conduct.

41-29     3.  Habitual intemperance.

41-30     4.  Fraud or misrepresentation in obtaining or attempting to

41-31  obtain a license to practice the profession of embalming.

41-32     5.  Employment by the licensee of persons commonly known as

41-33  “cappers,” “steerers” or “solicitors,” or of other persons to obtain

41-34  funeral directing or embalming business.

41-35     6.  Malpractice.

41-36     7.  Gross immorality.

41-37     8.  The unlawful use of any controlled substance.

41-38     9.  Conviction of a felony[.] relating to the practice of

41-39  embalming.

41-40     10.  False or misleading advertising as defined in NRS 642.490,

41-41  or false or misleading statements in the sale of merchandise or

41-42  services.

41-43     11.  Refusal to surrender promptly the custody of a dead human

41-44  body upon the request of a person who is legally entitled to custody

41-45  of the body.

42-1      12.  Violation by the licensee of any provision of this chapter,

42-2  any regulation adopted pursuant thereto or any other law of this state

42-3  relating to the practice of any of the professions regulated by the

42-4  Board.

42-5      13.  The theft or misappropriation of money in a trust fund

42-6  established and maintained pursuant to chapter 689 of NRS.

42-7      Sec. 52.  NRS 642.470 is hereby amended to read as follows:

42-8      642.470  The following acts are grounds for which the Board

42-9  may take disciplinary action against a person who holds a funeral

42-10  director’s license, a permit to operate a funeral establishment or a

42-11  license to conduct direct cremations or immediate burials, or refuse

42-12  to issue such a license or permit to an applicant therefor:

42-13     1.  Conviction of a crime involving moral turpitude.

42-14     2.  Unprofessional conduct.

42-15     3.  False or misleading advertising.

42-16     4.  Conviction of a felony[.] relating to the practice of funeral

42-17  directors.

42-18     5.  Conviction of a misdemeanor that is related directly to the

42-19  business of a funeral establishment.

42-20     Sec. 53.  NRS 643.185 is hereby amended to read as follows:

42-21     643.185  1.  The following are grounds for disciplinary action

42-22  by the Board:

42-23     (a) Violation by any person licensed pursuant to the provisions

42-24  of this chapter of any provision of this chapter or the regulations

42-25  adopted by the Board.

42-26     (b) Conviction of a felony[.] relating to the practice of barbers.

42-27     (c) Malpractice or incompetency.

42-28     (d) Continued practice by a person knowingly having an

42-29  infectious or contagious disease.

42-30     (e) Advertising, practicing or attempting to practice under

42-31  another’s name or trade name.

42-32     (f) Drunkenness or addiction to a controlled substance.

42-33     2.  If the Board determines that a violation of this section has

42-34  occurred, it may:

42-35     (a) Refuse to issue or renew a license;

42-36     (b) Revoke or suspend a license;

42-37     (c) Impose a fine of not more than $1,000; and

42-38     (d) Require the person to pay all costs incurred by the Board

42-39  relating to the discipline of the person.

42-40     Sec. 54.  NRS 645.633 is hereby amended to read as follows:

42-41     645.633  1.  The Commission may take action pursuant to

42-42  NRS 645.630 against any person subject to that section who is

42-43  guilty of:

43-1      (a) Willfully using any trade name, service mark or insigne of

43-2  membership in any real estate organization of which the licensee is

43-3  not a member, without the legal right to do so.

43-4      (b) Violating any order of the Commission, any agreement with

43-5  the Division, any of the provisions of this chapter, chapter 116, 119,

43-6  119A, 119B, 645A or 645C of NRS or any regulation adopted

43-7  thereunder.

43-8      (c) Paying a commission, compensation or a finder’s fee to any

43-9  person for performing the services of a broker, broker-salesman or

43-10  salesman who has not secured his license pursuant to this chapter.

43-11  This subsection does not apply to payments to a broker who is

43-12  licensed in his state of residence.

43-13     (d) [A felony, or has] Has been convicted of, or entered a plea

43-14  of guilty, guilty but mentally ill or nolo contendere to [a charge of] :

43-15         (1) A felony relating to the practice of the licensee, property

43-16  manager or owner-developer; or [any]

43-17         (2) Any crime involving fraud, deceit, misrepresentation or

43-18  moral turpitude.

43-19     (e) Guaranteeing, or having authorized or permitted any person

43-20  to guarantee, future profits which may result from the resale of real

43-21  property.

43-22     (f) Failure to include a fixed date of expiration in any written

43-23  brokerage agreement or to leave a copy of the brokerage agreement

43-24  with the client.

43-25     (g) Accepting, giving or charging any undisclosed commission,

43-26  rebate or direct profit on expenditures made for a client.

43-27     (h) Gross negligence or incompetence in performing any act for

43-28  which he is required to hold a license pursuant to this chapter,

43-29  chapter 119, 119A or 119B of NRS.

43-30     (i) Any other conduct which constitutes deceitful, fraudulent or

43-31  dishonest dealing.

43-32     (j) Any conduct which took place before he became licensed,

43-33  which was in fact unknown to the Division and which would have

43-34  been grounds for denial of a license had the Division been aware of

43-35  the conduct.

43-36     (k) Knowingly permitting any person whose license has been

43-37  revoked or suspended to act as a real estate broker, broker-salesman

43-38  or salesman, with or on behalf of the licensee.

43-39     (l) Recording or causing to be recorded a claim pursuant to the

43-40  provisions of NRS 645.8701 to 645.8811, inclusive, that is

43-41  determined by a district court to be frivolous and made without

43-42  reasonable cause pursuant to NRS 645.8791.

43-43     2.  The Commission may take action pursuant to NRS 645.630

43-44  against a person who is subject to that section for the suspension or

44-1  revocation of a real estate broker’s, broker-salesman’s or salesman’s

44-2  license issued to him by any other jurisdiction.

44-3      3.  The Commission may take action pursuant to NRS 645.630

44-4  against any person who:

44-5      (a) Holds a permit to engage in property management issued

44-6  pursuant to NRS 645.6052; and

44-7      (b) In connection with any property for which the person has

44-8  obtained a written brokerage agreement to manage the property

44-9  pursuant to NRS 645.6056:

44-10         (1) Is convicted of violating any of the provisions of

44-11  NRS 202.470;

44-12         (2) Has been notified in writing by the appropriate

44-13  governmental agency of a potential violation of NRS 244.360,

44-14  244.3603 or 268.4124, and has failed to inform the owner of the

44-15  property of such notification; or

44-16         (3) Has been directed in writing by the owner of the property

44-17  to correct a potential violation of NRS 244.360, 244.3603 or

44-18  268.4124, and has failed to correct the potential violation, if such

44-19  corrective action is within the scope of the person’s duties pursuant

44-20  to the written brokerage agreement.

44-21     4.  The Division shall maintain a log of any complaints that it

44-22  receives relating to activities for which the Commission may take

44-23  action against a person holding a permit to engage in property

44-24  management pursuant to subsection 3.

44-25     5.  On or before February 1 of each odd-numbered year, the

44-26  Division shall submit to the Director of the Legislative Counsel

44-27  Bureau a written report setting forth, for the previous biennium:

44-28     (a) Any complaints included in the log maintained by the

44-29  Division pursuant to subsection 4; and

44-30     (b) Any disciplinary actions taken by the Commission pursuant

44-31  to subsection 3.

44-32     Sec. 55.  NRS 645A.090 is hereby amended to read as follows:

44-33     645A.090  1.  The Commissioner may refuse to license any

44-34  escrow agent or agency or may suspend or revoke any license or

44-35  impose a fine of not more than $500 for each violation by entering

44-36  an order to that effect, with his findings in respect thereto, if upon a

44-37  hearing, it is determined that the applicant or licensee:

44-38     (a) In the case of an escrow agency, is insolvent;

44-39     (b) Has violated any provision of this chapter or any regulation

44-40  adopted pursuant thereto or has aided and abetted another to do so;

44-41     (c) In the case of an escrow agency, is in such a financial

44-42  condition that he cannot continue in business with safety to his

44-43  customers;

44-44     (d) Has committed fraud in connection with any transaction

44-45  governed by this chapter;

45-1      (e) Has intentionally or knowingly made any misrepresentation

45-2  or false statement to, or concealed any essential or material fact

45-3  from, any principal or designated agent of a principal in the course

45-4  of the escrow business;

45-5      (f) Has intentionally or knowingly made or caused to be made to

45-6  the Commissioner any false representation of a material fact or has

45-7  suppressed or withheld from the Commissioner any information

45-8  which the applicant or licensee possesses;

45-9      (g) Has failed without reasonable cause to furnish to the parties

45-10  of an escrow their respective statements of the settlement within a

45-11  reasonable time after the close of escrow;

45-12     (h) Has failed without reasonable cause to deliver, within a

45-13  reasonable time after the close of escrow, to the respective parties of

45-14  an escrow transaction any money, documents or other properties

45-15  held in escrow in violation of the provisions of the escrow

45-16  instructions;

45-17     (i) Has refused to permit an examination by the Commissioner

45-18  of his books and affairs or has refused or failed, within a reasonable

45-19  time, to furnish any information or make any report that may be

45-20  required by the Commissioner pursuant to the provisions of this

45-21  chapter;

45-22     (j) Has been convicted of a felony relating to the practice of

45-23  escrow agents or agencies or any misdemeanor of which an

45-24  essential element is fraud;

45-25     (k) In the case of an escrow agency, has failed to maintain

45-26  complete and accurate records of all transactions within the last 6

45-27  years;

45-28     (l) Has commingled the money of others with his own or

45-29  converted the money of others to his own use;

45-30     (m) Has failed, before the close of escrow, to obtain written

45-31  escrow instructions concerning any essential or material fact or

45-32  intentionally failed to follow the written instructions which have

45-33  been agreed upon by the parties and accepted by the holder of the

45-34  escrow;

45-35     (n) Has failed to disclose in writing that he is acting in the dual

45-36  capacity of escrow agent or agency and undisclosed principal in any

45-37  transaction; or

45-38     (o) In the case of an escrow agency, has:

45-39         (1) Failed to maintain adequate supervision of an escrow

45-40  agent; or

45-41         (2) Instructed an escrow agent to commit an act which would

45-42  be cause for the revocation of the escrow agent’s license and the

45-43  escrow agent committed the act. An escrow agent is not subject to

45-44  disciplinary action for committing such an act under instruction by

45-45  the escrow agency.

46-1      2.  It is sufficient cause for the imposition of a fine or the

46-2  refusal, suspension or revocation of the license of a partnership,

46-3  corporation or any other association that any member of the

46-4  partnership or any officer or director of the corporation or

46-5  association has been guilty of any act or omission which would be

46-6  cause for such action had the applicant or licensee been a natural

46-7  person.

46-8      3.  The Commissioner may suspend any license for not more

46-9  than 30 days, pending a hearing, if upon examination into the affairs

46-10  of the licensee it is determined that any of the grounds enumerated

46-11  in subsection 1 or 2 exist.

46-12     4.  The Commissioner may refuse to issue a license to any

46-13  person who, within 10 years before the date of applying for a current

46-14  license, has had suspended or revoked a license issued pursuant to

46-15  this chapter or a comparable license issued by any other state,

46-16  district or territory of the United States or any foreign country.

46-17     Sec. 56.  NRS 645B.020 is hereby amended to read as follows:

46-18     645B.020  1.  A person who wishes to be licensed as a

46-19  mortgage broker must file a written application for a license with the

46-20  office of the Commissioner and pay the fee required pursuant to

46-21  NRS 645B.050. An application for a license as a mortgage broker

46-22  must:

46-23     (a) Be verified.

46-24     (b) State the name, residence address and business address of

46-25  the applicant and the location of each principal office and branch

46-26  office at which the mortgage broker will conduct business within

46-27  this state.

46-28     (c) State the name under which the applicant will conduct

46-29  business as a mortgage broker.

46-30     (d) List the name, residence address and business address of

46-31  each person who will:

46-32         (1) If the applicant is not a natural person, have an interest in

46-33  the mortgage broker as a principal, partner, officer, director or

46-34  trustee, specifying the capacity and title of each such person.

46-35         (2) Be associated with or employed by the mortgage broker

46-36  as a mortgage agent.

46-37     (e) If the applicant is a natural person, include the social security

46-38  number of the applicant.

46-39     (f) Include a general business plan and a description of the

46-40  policies and procedures that the mortgage broker and his mortgage

46-41  agents will follow to arrange and service loans and to conduct

46-42  business pursuant to this chapter.

46-43     (g) State the length of time the applicant has been engaged in the

46-44  business of a broker.

47-1      (h) Include a financial statement of the applicant and, if

47-2  applicable, satisfactory proof that the applicant will be able to

47-3  maintain continuously the net worth required pursuant to

47-4  NRS 645B.115.

47-5      (i) Include any other information required pursuant to the

47-6  regulations adopted by the Commissioner or an order of the

47-7  Commissioner.

47-8      2.  If a mortgage broker will conduct business at one or more

47-9  branch offices within this state, the mortgage broker must apply for

47-10  a license for each such branch office.

47-11     3.  Except as otherwise provided in this chapter, the

47-12  Commissioner shall issue a license to an applicant as a mortgage

47-13  broker if:

47-14     (a) The application complies with the requirements of this

47-15  chapter;

47-16     (b) The applicant submits the statement required pursuant to

47-17  NRS 645B.023, if the applicant is required to do so; and

47-18     (c) The applicant and each general partner, officer or director of

47-19  the applicant, if the applicant is a partnership, corporation or

47-20  unincorporated association:

47-21         (1) Has a good reputation for honesty, trustworthiness and

47-22  integrity and displays competence to transact the business of a

47-23  mortgage broker in a manner which safeguards the interests of the

47-24  general public. The applicant must submit satisfactory proof of these

47-25  qualifications to the Commissioner.

47-26         (2) Has not been convicted of, or entered a plea of nolo

47-27  contendere to, a felony relating to the practice of mortgage brokers

47-28  or any crime involving fraud, misrepresentation or moral turpitude.

47-29         (3) Has not made a false statement of material fact on his

47-30  application.

47-31         (4) Has not had a license that was issued pursuant to the

47-32  provisions of this chapter or chapter 645E of NRS suspended or

47-33  revoked within the 10 years immediately preceding the date of his

47-34  application.

47-35         (5) Has not had a license that was issued in any other state,

47-36  district or territory of the United States or any foreign country

47-37  suspended or revoked within the 10 years immediately preceding the

47-38  date of his application.

47-39         (6) Has not violated any provision of this chapter or chapter

47-40  645E of NRS, a regulation adopted pursuant thereto or an order of

47-41  the Commissioner.

47-42     Sec. 57.  NRS 645B.020 is hereby amended to read as follows:

47-43     645B.020  1.  A person who wishes to be licensed as a

47-44  mortgage broker must file a written application for a license with the

47-45  office of the Commissioner and pay the fee required pursuant to

48-1  NRS 645B.050. An application for a license as a mortgage broker

48-2  must:

48-3      (a) Be verified.

48-4      (b) State the name, residence address and business address of

48-5  the applicant and the location of each principal office and branch

48-6  office at which the mortgage broker will conduct business within

48-7  this state.

48-8      (c) State the name under which the applicant will conduct

48-9  business as a mortgage broker.

48-10     (d) List the name, residence address and business address of

48-11  each person who will:

48-12         (1) If the applicant is not a natural person, have an interest in

48-13  the mortgage broker as a principal, partner, officer, director or

48-14  trustee, specifying the capacity and title of each such person.

48-15         (2) Be associated with or employed by the mortgage broker

48-16  as a mortgage agent.

48-17     (e) Include a general business plan and a description of the

48-18  policies and procedures that the mortgage broker and his mortgage

48-19  agents will follow to arrange and service loans and to conduct

48-20  business pursuant to this chapter.

48-21     (f) State the length of time the applicant has been engaged in the

48-22  business of a mortgage broker.

48-23     (g) Include a financial statement of the applicant and, if

48-24  applicable, satisfactory proof that the applicant will be able to

48-25  maintain continuously the net worth required pursuant to

48-26  NRS 645B.115.

48-27     (h) Include any other information required pursuant to the

48-28  regulations adopted by the Commissioner or an order of the

48-29  Commissioner.

48-30     2.  If a mortgage broker will conduct business at one or more

48-31  branch offices within this state, the mortgage broker must apply for

48-32  a license for each such branch office.

48-33     3.  Except as otherwise provided in this chapter, the

48-34  Commissioner shall issue a license to an applicant as a mortgage

48-35  broker if:

48-36     (a) The application complies with the requirements of this

48-37  chapter; and

48-38     (b) The applicant and each general partner, officer or director of

48-39  the applicant, if the applicant is a partnership, corporation or

48-40  unincorporated association:

48-41         (1) Has a good reputation for honesty, trustworthiness and

48-42  integrity and displays competence to transact the business of a

48-43  mortgage broker in a manner which safeguards the interests of the

48-44  general public. The applicant must submit satisfactory proof of these

48-45  qualifications to the Commissioner.

49-1          (2) Has not been convicted of, or entered a plea of nolo

49-2  contendere to, a felony relating to the practice of mortgage brokers

49-3  or any crime involving fraud, misrepresentation or moral turpitude.

49-4          (3) Has not made a false statement of material fact on his

49-5  application.

49-6          (4) Has not had a license that was issued pursuant to the

49-7  provisions of this chapter or chapter 645E of NRS suspended or

49-8  revoked within the 10 years immediately preceding the date of his

49-9  application.

49-10         (5) Has not had a license that was issued in any other state,

49-11  district or territory of the United States or any foreign country

49-12  suspended or revoked within the 10 years immediately preceding the

49-13  date of his application.

49-14         (6) Has not violated any provision of this chapter or chapter

49-15  645E of NRS, a regulation adopted pursuant thereto or an order of

49-16  the Commissioner.

49-17     Sec. 58.  NRS 645B.0243 is hereby amended to read as

49-18  follows:

49-19     645B.0243  The Commissioner may refuse to issue a license to

49-20  an applicant if the Commissioner has reasonable cause to believe

49-21  that the applicant or any general partner, officer or director of the

49-22  applicant has, after October 1, 1999, employed or proposed to

49-23  employ a person as a mortgage agent or authorized or proposed to

49-24  authorize a person to be associated with a mortgage broker as a

49-25  mortgage agent at a time when the applicant or the general partner,

49-26  officer or director knew or, in light of all the surrounding facts and

49-27  circumstances, reasonably should have known that the person:

49-28     1.  Had been convicted of, or entered a plea of nolo contendere

49-29  to[, a] :

49-30     (a) A felony relating to the practice of mortgage brokers; or

49-31  [any]

49-32     (b) Any crime involving fraud, misrepresentation or moral

49-33  turpitude; or

49-34     2.  Had a financial services license or registration suspended or

49-35  revoked within the immediately preceding 10 years.

49-36     Sec. 59.  NRS 645B.450 is hereby amended to read as follows:

49-37     645B.450  1.  A person shall not act as or provide any of the

49-38  services of a mortgage agent or otherwise engage in, carry on or

49-39  hold himself out as engaging in or carrying on the activities of a

49-40  mortgage agent if the person:

49-41     (a) Has been convicted of, or entered a plea of nolo contendere

49-42  to[, a] :

49-43         (1) A felony relating to the practice of mortgage agents; or

49-44  [any]

50-1          (2) Any crime involving fraud, misrepresentation or moral

50-2  turpitude; or

50-3      (b) Has had a financial services license or registration suspended

50-4  or revoked within the immediately preceding 10 years.

50-5      2.  A mortgage agent may not be associated with or employed

50-6  by more than one mortgage broker at the same time.

50-7      3.  A mortgage broker shall register with the Division each

50-8  person who will be associated with or employed by the mortgage

50-9  broker as a mortgage agent. A mortgage broker shall register each

50-10  such person with the Division when the person begins his

50-11  association or employment with the mortgage broker and annually

50-12  thereafter. A registration expires 12 months after its effective date.

50-13     4.  To register a person as a mortgage agent, a mortgage broker

50-14  must:

50-15     (a) Submit to the Division a registration form which is provided

50-16  by the Division and which:

50-17         (1) States the name, residence address and business address

50-18  of the person;

50-19         (2) Is signed by the person;

50-20         (3) Includes a provision by which the person gives his

50-21  written consent to an investigation of his credit history, criminal

50-22  history and background; and

50-23         (4) Includes any other information or supporting materials

50-24  required by the regulations adopted by the Commissioner. Such

50-25  information or supporting materials may include, without limitation,

50-26  a complete set of fingerprints from the person, the social security

50-27  number of the person and other forms of identification of the person.

50-28     (b) For each initial registration, pay the actual costs and

50-29  expenses incurred by the Division to investigate the credit history,

50-30  criminal history and background of the person. All money received

50-31  pursuant to this paragraph must be placed in the Investigative

50-32  Account for Financial Institutions created by NRS 232.545.

50-33     (c) For each annual registration, submit to the Division

50-34  satisfactory proof that the person attended at least 5 hours of

50-35  certified courses of continuing education during the 12 months

50-36  immediately preceding the date on which the registration expires.

50-37     5.  Not later than the date on which the mortgage broker

50-38  submits the information for annual registration required by

50-39  subsection 4, the person being registered shall pay an annual

50-40  registration fee of $125. If the person does not pay the annual

50-41  registration fee, the person shall be deemed to be unregistered for

50-42  the purposes of this chapter.

50-43     6.  A mortgage broker shall not employ a person as a mortgage

50-44  agent or authorize a person to be associated with the mortgage

51-1  broker as a mortgage agent if the mortgage broker has not registered

51-2  the person with the Division pursuant to this section or if the person:

51-3      (a) Has been convicted of, or entered a plea of nolo contendere

51-4  to, a felony relating to the practice of mortgage agents or any

51-5  crime involving fraud, misrepresentation or moral turpitude; or

51-6      (b) Has had a financial services license or registration suspended

51-7  or revoked within the immediately preceding 10 years.

51-8      7.  If a mortgage agent terminates his association or

51-9  employment with a mortgage broker for any reason, the mortgage

51-10  broker shall, not later than the third business day following the date

51-11  of termination:

51-12     (a) Deliver to the mortgage agent or send by certified mail to the

51-13  last known residence address of the mortgage agent a written

51-14  statement which advises him that his termination is being reported

51-15  to the Division; and

51-16     (b) Deliver or send by certified mail to the Division:

51-17         (1) A written statement of the circumstances surrounding the

51-18  termination; and

51-19         (2) A copy of the written statement that the mortgage broker

51-20  delivers or mails to the mortgage agent pursuant to paragraph (a).

51-21     8.  As used in this section, “certified course of continuing

51-22  education” has the meaning ascribed to it in NRS 645B.051.

51-23     Sec. 60.  NRS 645B.670 is hereby amended to read as follows:

51-24     645B.670  Except as otherwise provided in NRS 645B.690:

51-25     1.  For each violation committed by an applicant, whether or

51-26  not he is issued a license, the Commissioner may impose upon the

51-27  applicant an administrative fine of not more than $10,000, if the

51-28  applicant:

51-29     (a) Has knowingly made or caused to be made to the

51-30  Commissioner any false representation of material fact;

51-31     (b) Has suppressed or withheld from the Commissioner any

51-32  information which the applicant possesses and which, if submitted

51-33  by him, would have rendered the applicant ineligible to be licensed

51-34  pursuant to the provisions of this chapter; or

51-35     (c) Has violated any provision of this chapter, a regulation

51-36  adopted pursuant to this chapter or an order of the Commissioner in

51-37  completing and filing his application for a license or during the

51-38  course of the investigation of his application for a license.

51-39     2.  For each violation committed by a licensee, the

51-40  Commissioner may impose upon the licensee an administrative fine

51-41  of not more than $10,000, may suspend, revoke or place conditions

51-42  upon his license, or may do both, if the licensee, whether or not

51-43  acting as such:

51-44     (a) Is insolvent;

52-1      (b) Is grossly negligent or incompetent in performing any act for

52-2  which he is required to be licensed pursuant to the provisions of this

52-3  chapter;

52-4      (c) Does not conduct his business in accordance with law or has

52-5  violated any provision of this chapter, a regulation adopted pursuant

52-6  to this chapter or an order of the Commissioner;

52-7      (d) Is in such financial condition that he cannot continue in

52-8  business with safety to his customers;

52-9      (e) Has made a material misrepresentation in connection with

52-10  any transaction governed by this chapter;

52-11     (f) Has suppressed or withheld from a client any material facts,

52-12  data or other information relating to any transaction governed by the

52-13  provisions of this chapter which the licensee knew or, by the

52-14  exercise of reasonable diligence, should have known;

52-15     (g) Has knowingly made or caused to be made to the

52-16  Commissioner any false representation of material fact or has

52-17  suppressed or withheld from the Commissioner any information

52-18  which the licensee possesses and which, if submitted by him, would

52-19  have rendered the licensee ineligible to be licensed pursuant to the

52-20  provisions of this chapter;

52-21     (h) Has failed to account to persons interested for all money

52-22  received for a trust account;

52-23     (i) Has refused to permit an examination by the Commissioner

52-24  of his books and affairs or has refused or failed, within a reasonable

52-25  time, to furnish any information or make any report that may be

52-26  required by the Commissioner pursuant to the provisions of this

52-27  chapter or a regulation adopted pursuant to this chapter;

52-28     (j) Has been convicted of, or entered a plea of nolo contendere

52-29  to, a felony relating to the practice of mortgage brokers or any

52-30  crime involving fraud, misrepresentation or moral turpitude;

52-31     (k) Has refused or failed to pay, within a reasonable time, any

52-32  fees, assessments, costs or expenses that the licensee is required to

52-33  pay pursuant to this chapter or a regulation adopted pursuant to this

52-34  chapter;

52-35     (l) Has failed to satisfy a claim made by a client which has been

52-36  reduced to judgment;

52-37     (m) Has failed to account for or to remit any money of a client

52-38  within a reasonable time after a request for an accounting or

52-39  remittal;

52-40     (n) Has commingled the money or other property of a client

52-41  with his own or has converted the money or property of others to his

52-42  own use;

52-43     (o) Has engaged in any other conduct constituting a deceitful,

52-44  fraudulent or dishonest business practice;

53-1      (p) Has repeatedly violated the policies and procedures of the

53-2  mortgage broker;

53-3      (q) Has failed to exercise reasonable supervision over the

53-4  activities of a mortgage agent as required by NRS 645B.460;

53-5      (r) Has instructed a mortgage agent to commit an act that would

53-6  be cause for the revocation of the license of the mortgage broker,

53-7  whether or not the mortgage agent commits the act;

53-8      (s) Has employed a person as a mortgage agent or authorized a

53-9  person to be associated with the licensee as a mortgage agent at a

53-10  time when the licensee knew or, in light of all the surrounding facts

53-11  and circumstances, reasonably should have known that the person:

53-12         (1) Had been convicted of, or entered a plea of nolo

53-13  contendere to, a felony relating to the practice of mortgage agents

53-14  or any crime involving fraud, misrepresentation or moral turpitude;

53-15  or

53-16         (2) Had a financial services license or registration suspended

53-17  or revoked within the immediately preceding 10 years; or

53-18     (t) Has not conducted verifiable business as a mortgage broker

53-19  for 12 consecutive months, except in the case of a new applicant.

53-20  The Commissioner shall determine whether a mortgage broker is

53-21  conducting business by examining the monthly reports of activity

53-22  submitted by the licensee or by conducting an examination of the

53-23  licensee.

53-24     Sec. 61.  NRS 645C.460 is hereby amended to read as follows:

53-25     645C.460  1.  Grounds for disciplinary action against a

53-26  certified or licensed appraiser or registered intern include:

53-27     (a) Unprofessional conduct;

53-28     (b) Professional incompetence;

53-29     (c) A criminal conviction for a felony relating to the practice of

53-30  appraisers or any offense involving moral turpitude; and

53-31     (d) The suspension or revocation of a registration card,

53-32  certificate, license or permit to act as an appraiser in any other

53-33  jurisdiction.

53-34     2.  If grounds for disciplinary action against an appraiser or

53-35  intern exist, the Commission may do one or more of the following:

53-36     (a) Revoke or suspend his certificate, license or registration

53-37  card.

53-38     (b) Place conditions upon his certificate, license or registration

53-39  card, or upon the reissuance of a certificate, license or registration

53-40  card revoked pursuant to this section.

53-41     (c) Deny the renewal of his certificate, license or registration

53-42  card.

53-43     (d) Impose a fine of not more than $1,000 for each violation.

53-44     3.  If a certificate, license or registration card is revoked by the

53-45  Commission, another certificate, license or registration card must

54-1  not be issued to the same appraiser or intern for at least 1 year after

54-2  the date of the revocation, or at any time thereafter except in the sole

54-3  discretion of the Administrator, and then only if the appraiser or

54-4  intern satisfies all the requirements for an original certificate, license

54-5  or registration card.

54-6      4.  If discipline is imposed pursuant to this section, the costs of

54-7  the proceeding, including investigative costs and attorney’s fees,

54-8  may be recovered by the Commission.

54-9      Sec. 62.  NRS 645E.200 is hereby amended to read as follows:

54-10     645E.200  1.  A person who wishes to be licensed as a

54-11  mortgage company must file a written application for a license with

54-12  the Office of the Commissioner and pay the fee required pursuant to

54-13  NRS 645E.280. An application for a license as a mortgage company

54-14  must:

54-15     (a) Be verified.

54-16     (b) State the name, residence address and business address of

54-17  the applicant and the location of each principal office and branch

54-18  office at which the mortgage company will conduct business in this

54-19  state, including, without limitation, any office or other place of

54-20  business located outside this state from which the mortgage

54-21  company will conduct business in this state.

54-22     (c) State the name under which the applicant will conduct

54-23  business as a mortgage company.

54-24     (d) If the applicant is not a natural person, list the name,

54-25  residence address and business address of each person who will

54-26  have an interest in the mortgage company as a principal, partner,

54-27  officer, director or trustee, specifying the capacity and title of each

54-28  such person.

54-29     (e) Indicate the general plan and character of the business.

54-30     (f) State the length of time the applicant has been engaged in the

54-31  business of a mortgage company.

54-32     (g) Include a financial statement of the applicant.

54-33     (h) Include any other information required pursuant to the

54-34  regulations adopted by the Commissioner or an order of the

54-35  Commissioner.

54-36     2.  If a mortgage company will conduct business in this state at

54-37  one or more branch offices, the mortgage company must apply for a

54-38  license for each such branch office.

54-39     3.  Except as otherwise provided in this chapter, the

54-40  Commissioner shall issue a license to an applicant as a mortgage

54-41  company if:

54-42     (a) The application complies with the requirements of this

54-43  chapter; and

55-1      (b) The applicant and each general partner, officer or director of

55-2  the applicant, if the applicant is a partnership, corporation or

55-3  unincorporated association:

55-4          (1) Has a good reputation for honesty, trustworthiness and

55-5  integrity and displays competence to transact the business of a

55-6  mortgage company in a manner which safeguards the interests of the

55-7  general public. The applicant must submit satisfactory proof of these

55-8  qualifications to the Commissioner.

55-9          (2) Has not been convicted of, or entered a plea of nolo

55-10  contendere to, a felony relating to the practice of mortgage

55-11  companies or any crime involving fraud, misrepresentation or moral

55-12  turpitude.

55-13         (3) Has not made a false statement of material fact on his

55-14  application.

55-15         (4) Has not had a license that was issued pursuant to the

55-16  provisions of this chapter or chapter 645B of NRS suspended or

55-17  revoked within the 10 years immediately preceding the date of his

55-18  application.

55-19         (5) Has not had a license that was issued in any other state,

55-20  district or territory of the United States or any foreign country

55-21  suspended or revoked within the 10 years immediately preceding the

55-22  date of his application.

55-23         (6) Has not violated any provision of this chapter or chapter

55-24  645B of NRS, a regulation adopted pursuant thereto or an order of

55-25  the Commissioner.

55-26     4.  If an applicant is a partnership, corporation or

55-27  unincorporated association, the Commissioner may refuse to issue a

55-28  license to the applicant if any member of the partnership or any

55-29  officer or director of the corporation or unincorporated association

55-30  has committed any act or omission that would be cause for refusing

55-31  to issue a license to a natural person.

55-32     5.  A person may apply for a license for an office or other place

55-33  of business located outside this state from which the applicant will

55-34  conduct business in this state if the applicant or a subsidiary or

55-35  affiliate of the applicant has a license issued pursuant to this chapter

55-36  for an office or other place of business located in this state and if the

55-37  applicant submits with the application for a license a statement

55-38  signed by the applicant which states that the applicant agrees to:

55-39     (a) Make available at a location within this state the books,

55-40  accounts, papers, records and files of the office or place of business

55-41  located outside this state to the Commissioner or a representative of

55-42  the Commissioner; or

55-43     (b) Pay the reasonable expenses for travel, meals and lodging of

55-44  the Commissioner or a representative of the Commissioner incurred

56-1  during any investigation or examination made at the office or place

56-2  of business located outside this state.

56-3  The applicant must be allowed to choose between paragraph (a) or

56-4  (b) in complying with the provisions of this subsection.

56-5      Sec. 63.  NRS 645E.670 is hereby amended to read as follows:

56-6      645E.670  1.  For each violation committed by an applicant,

56-7  whether or not he is issued a license, the Commissioner may impose

56-8  upon the applicant an administrative fine of not more than $10,000,

56-9  if the applicant:

56-10     (a) Has knowingly made or caused to be made to the

56-11  Commissioner any false representation of material fact;

56-12     (b) Has suppressed or withheld from the Commissioner any

56-13  information which the applicant possesses and which, if submitted

56-14  by him, would have rendered the applicant ineligible to be licensed

56-15  pursuant to the provisions of this chapter; or

56-16     (c) Has violated any provision of this chapter, a regulation

56-17  adopted pursuant to this chapter or an order of the Commissioner in

56-18  completing and filing his application for a license or during the

56-19  course of the investigation of his application for a license.

56-20     2.  For each violation committed by a licensee, the

56-21  Commissioner may impose upon the licensee an administrative fine

56-22  of not more than $10,000, may suspend, revoke or place conditions

56-23  upon his license, or may do both, if the licensee, whether or not

56-24  acting as such:

56-25     (a) Is insolvent;

56-26     (b) Is grossly negligent or incompetent in performing any act for

56-27  which he is required to be licensed pursuant to the provisions of this

56-28  chapter;

56-29     (c) Does not conduct his business in accordance with law or has

56-30  violated any provision of this chapter, a regulation adopted pursuant

56-31  to this chapter or an order of the Commissioner;

56-32     (d) Is in such financial condition that he cannot continue in

56-33  business with safety to his customers;

56-34     (e) Has made a material misrepresentation in connection with

56-35  any transaction governed by this chapter;

56-36     (f) Has suppressed or withheld from a client any material facts,

56-37  data or other information relating to any transaction governed by the

56-38  provisions of this chapter which the licensee knew or, by the

56-39  exercise of reasonable diligence, should have known;

56-40     (g) Has knowingly made or caused to be made to the

56-41  Commissioner any false representation of material fact or has

56-42  suppressed or withheld from the Commissioner any information

56-43  which the licensee possesses and which, if submitted by him, would

56-44  have rendered the licensee ineligible to be licensed pursuant to the

56-45  provisions of this chapter;

57-1      (h) Has failed to account to persons interested for all money

57-2  received for a trust account;

57-3      (i) Has refused to permit an examination by the Commissioner

57-4  of his books and affairs or has refused or failed, within a reasonable

57-5  time, to furnish any information or make any report that may be

57-6  required by the Commissioner pursuant to the provisions of this

57-7  chapter or a regulation adopted pursuant to this chapter;

57-8      (j) Has been convicted of, or entered a plea of nolo contendere

57-9  to, a felony relating to the practice of mortgage companies or any

57-10  crime involving fraud, misrepresentation or moral turpitude;

57-11     (k) Has refused or failed to pay, within a reasonable time, any

57-12  fees, assessments, costs or expenses that the licensee is required to

57-13  pay pursuant to this chapter or a regulation adopted pursuant to this

57-14  chapter;

57-15     (l) Has failed to satisfy a claim made by a client which has been

57-16  reduced to judgment;

57-17     (m) Has failed to account for or to remit any money of a client

57-18  within a reasonable time after a request for an accounting or

57-19  remittal;

57-20     (n) Has commingled the money or other property of a client

57-21  with his own or has converted the money or property of others to his

57-22  own use; or

57-23     (o) Has engaged in any other conduct constituting a deceitful,

57-24  fraudulent or dishonest business practice.

57-25     Sec. 64.  NRS 648.110 is hereby amended to read as follows:

57-26     648.110  1.  Before the Board grants any license, the applicant,

57-27  including each director and officer of a corporate applicant, must:

57-28     (a) Be at least 21 years of age.

57-29     (b) Be a citizen of the United States or lawfully entitled to

57-30  remain and work in the United States.

57-31     (c) Be of good moral character and temperate habits.

57-32     (d) Have no conviction of [a] :

57-33         (1) A felony relating to the practice for which the applicant

57-34  wishes to be licensed; or [a]

57-35         (2) Any crime involving moral turpitude or the illegal use or

57-36  possession of a dangerous weapon.

57-37     2.  Each applicant, or the qualifying agent of a corporate

57-38  applicant, must:

57-39     (a) If an applicant for a private investigator’s license, have at

57-40  least 5 years’ experience as an investigator, or the equivalent

57-41  thereof, as determined by the Board.

57-42     (b) If an applicant for a repossessor’s license, have at least 5

57-43  years’ experience as a repossessor, or the equivalent thereof, as

57-44  determined by the Board.

58-1      (c) If an applicant for a private patrolman’s license, have at least

58-2  5 years’ experience as a private patrolman, or the equivalent thereof,

58-3  as determined by the Board.

58-4      (d) If an applicant for a process server’s license, have at least 2

58-5  years’ experience as a process server, or the equivalent thereof, as

58-6  determined by the Board.

58-7      (e) If an applicant for a dog handler’s license, demonstrate to the

58-8  satisfaction of the Board his ability to handle, supply and train

58-9  watchdogs.

58-10     (f) If an applicant for a license as an intern, have:

58-11         (1) Received:

58-12             (I) A baccalaureate degree from an accredited college or

58-13  university and have at least 1 year’s experience in investigation or

58-14  polygraphic examination satisfactory to the Board;

58-15             (II) An associate degree from an accredited college or

58-16  university and have at least 3 years’ experience; or

58-17             (III) A high school diploma or its equivalent and have at

58-18  least 5 years’ experience; and

58-19         (2) Satisfactorily completed a basic course of instruction in

58-20  polygraphic techniques satisfactory to the Board.

58-21     (g) If an applicant for a license as a polygraphic examiner:

58-22         (1) Meet the requirements contained in paragraph (f);

58-23         (2) Have actively conducted polygraphic examinations for at

58-24  least 2 years;

58-25         (3) Have completed successfully at least 250 polygraphic

58-26  examinations, including at least 100 examinations concerning

58-27  specific inquiries as distinguished from general examinations for the

58-28  purpose of screening;

58-29         (4) Have completed successfully at least 50 polygraphic

58-30  examinations, including 10 examinations concerning specific

58-31  inquiries, during the 12 months immediately before the date of his

58-32  application; and

58-33         (5) Have completed successfully at least 24 hours of

58-34  advanced polygraphic training acceptable to the Board during the 2

58-35  years immediately before the date of his application.

58-36     (h) Meet other requirements as determined by the Board.

58-37     3.  The Board, when satisfied from recommendations and

58-38  investigation that the applicant is of good character, competency and

58-39  integrity, may issue and deliver a license to the applicant entitling

58-40  him to conduct the business for which he is licensed, for the period

58-41  which ends on July 1 next following the date of issuance.

58-42     4.  For the purposes of this section, 1 year of experience

58-43  consists of 2,000 hours of experience.

 

 

59-1      Sec. 65.  NRS 648.150 is hereby amended to read as follows:

59-2      648.150  The Board may discipline any licensee for any of the

59-3  following causes:

59-4      1.  Conviction of a felony relating to the practice of the

59-5  licensee or of any offense involving moral turpitude.

59-6      2.  Violation of any of the provisions of this chapter or of a

59-7  regulation adopted pursuant thereto.

59-8      3.  A false statement by the licensee that any person is or has

59-9  been in his employ.

59-10     4.  Any unprofessional conduct or unfitness of the licensee or

59-11  any person in his employ.

59-12     5.  Any false statement or the giving of any false information in

59-13  connection with an application for a license or a renewal or

59-14  reinstatement of a license.

59-15     6.  Any act in the course of the licensee’s business constituting

59-16  dishonesty or fraud.

59-17     7.  Impersonation or aiding and abetting an employee in the

59-18  impersonation of a law enforcement officer or employee of the

59-19  United States of America, or of any state or political subdivision

59-20  thereof.

59-21     8.  During the period between the expiration of a license for the

59-22  failure to renew within the time fixed by this chapter and the

59-23  reinstatement of the license, the commission of any act which would

59-24  be a cause for the suspension or revocation of a license, or grounds

59-25  for the denial of an application for a license.

59-26     9.  Willful failure or refusal to render to a client services or a

59-27  report as agreed between the parties and for which compensation

59-28  has been paid or tendered in accordance with the agreement of the

59-29  parties.

59-30     10.  Commission of assault, battery or kidnapping.

59-31     11.  Knowing violation of any court order or injunction in the

59-32  course of business as a licensee.

59-33     12.  Any act which is a ground for denial of an application for a

59-34  license under this chapter.

59-35     13.  Willfully aiding or abetting a person in a violation of a

59-36  provision of this chapter or a regulation adopted pursuant thereto.

59-37     Sec. 66.  NRS 649.085 is hereby amended to read as follows:

59-38     649.085  Every individual applicant, every officer and director

59-39  of a corporate applicant, and every member of a firm or partnership

59-40  applicant for a license as a collection agency or collection agent

59-41  must submit proof satisfactory to the Commissioner that he:

59-42     1.  Is a citizen of the United States or lawfully entitled to

59-43  remain and work in the United States.

60-1      2.  Has a good reputation for honesty, trustworthiness, integrity

60-2  and is competent to transact the business of a collection agency in a

60-3  manner which protects the interests of the general public.

60-4      3.  Has not had a collection agency license suspended or

60-5  revoked within the 10 years immediately preceding the date of the

60-6  application.

60-7      4.  Has not been convicted of, or entered a plea of nolo

60-8  contendere to[, a] :

60-9      (a) A felony relating to the practice of collection agencies or

60-10  collection agents; or [any]

60-11     (b) Any crime involving fraud, misrepresentation or moral

60-12  turpitude.

60-13     5.  Has not made a false statement of material fact on his

60-14  application.

60-15     6.  Will maintain one or more offices in this state for the

60-16  transaction of the business of his collection agency.

60-17     7.  Has established a plan to ensure that his collection agency

60-18  will provide the services of a collection agency adequately and

60-19  efficiently.

60-20     Sec. 67.  NRS 652.220 is hereby amended to read as follows:

60-21     652.220  A license may be denied, suspended or revoked if the

60-22  laboratory, laboratory director or any technical employee of the

60-23  laboratory:

60-24     1.  Violates any provision of this chapter;

60-25     2.  Makes any misrepresentation in obtaining a license;

60-26     3.  Has been convicted of a felony[;] relating to the position

60-27  for which the applicant has applied or the licensee has been

60-28  licensed pursuant to this chapter;

60-29     4.  Has been convicted of violating any of the provisions of

60-30  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

60-31  inclusive;

60-32     5.  Is guilty of unprofessional conduct;

60-33     6.  Knowingly permits the use of the name of a licensed

60-34  laboratory or its director by an unlicensed laboratory; or

60-35     7.  Fails to meet the minimum standards prescribed by the

60-36  Board.

60-37     Sec. 68.  NRS 654.190 is hereby amended to read as follows:

60-38     654.190  1.  The Board may, after notice and hearing, impose

60-39  an administrative fine of not more than $2,500 on and suspend or

60-40  revoke the license of any nursing facility administrator or

60-41  administrator of a residential facility for groups who:

60-42     (a) Is convicted of a felony[,] relating to the practice of

60-43  administering a nursing facility or residential facility or of any

60-44  offense involving moral turpitude.

60-45     (b) Has obtained his license by the use of fraud or deceit.

61-1      (c) Violates any of the provisions of this chapter.

61-2      (d) Aids or abets any person in the violation of any of the

61-3  provisions of NRS 449.001 to 449.240, inclusive, as those

61-4  provisions pertain to a facility for skilled nursing, facility for

61-5  intermediate care or residential facility for groups.

61-6      (e) Violates any regulation of the Board prescribing additional

61-7  standards of conduct for nursing facility administrators or

61-8  administrators of residential facilities for groups.

61-9      2.  The Board shall give a licensee against whom proceedings

61-10  are brought pursuant to this section written notice of a hearing not

61-11  less than 10 days before the date of the hearing.

61-12     3.  If discipline is imposed pursuant to this section, the costs of

61-13  the proceeding, including investigative costs and attorney’s fees,

61-14  may be recovered by the Board.

61-15     Sec. 69.  NRS 656.240 is hereby amended to read as follows:

61-16     656.240  The Board may refuse to issue or to renew or may

61-17  suspend or revoke any certificate for any one or a combination of

61-18  the following causes:

61-19     1.  If the applicant or court reporter has by false representation

61-20  obtained or sought to obtain a certificate for himself or any other

61-21  person.

61-22     2.  If the applicant or court reporter has been found in contempt

61-23  of court, arising out of his conduct in performing or attempting to

61-24  perform any act as a court reporter.

61-25     3.  If the applicant or court reporter has been convicted of a

61-26  crime related to the qualifications, functions and responsibilities of a

61-27  certified court reporter.

61-28     4.  If the applicant or court reporter has been convicted of [a

61-29  felony or gross misdemeanor or of] any offense involving moral

61-30  turpitude.

61-31  The judgment of conviction or a certified copy of the judgment is

61-32  conclusive evidence of conviction of an offense.

61-33     Sec. 70.  NRS 676.290 is hereby amended to read as follows:

61-34     676.290  1.  The Commissioner may, pursuant to the

61-35  procedure provided in this chapter, deny, suspend or revoke any

61-36  license for which application has been made or which has been

61-37  issued under the provisions of this chapter if he finds, as to the

61-38  licensee, its associates, directors or officers, grounds for action.

61-39     2.  Any one of the following grounds may provide the requisite

61-40  grounds for denial, suspension or revocation:

61-41     (a) Conviction of a felony relating to the practice of debt

61-42  adjusters or of a misdemeanor involving moral turpitude.

61-43     (b) Violation of any of the provisions of this chapter or

61-44  regulations of the Commissioner.

61-45     (c) Fraud or deceit in procuring the issuance of the license.

62-1      (d) Continuous course of unfair conduct.

62-2      (e) Insolvency, filing in bankruptcy, receivership or assigning

62-3  for the benefit of creditors by any licensee or applicant for a license

62-4  under this chapter.

62-5      (f) Failure to pay the fee for renewal or reinstatement of a

62-6  license.

62-7      3.  The Commissioner shall, after notice and hearing, impose

62-8  upon the licensee a fine of $500 for each violation by the licensee of

62-9  any of the provisions of this chapter or regulations of the

62-10  Commissioner. If a fine is imposed pursuant to this section, the

62-11  costs of the proceeding, including investigative costs and attorney’s

62-12  fees, may be recovered by the Commissioner.

62-13     Sec. 71.  NRS 692A.105 is hereby amended to read as follows:

62-14     692A.105  1.  The Commissioner may refuse to license any

62-15  title agent or escrow officer or may suspend or revoke any license or

62-16  impose a fine of not more than $500 for each violation by entering

62-17  an order to that effect, with his findings in respect thereto, if upon a

62-18  hearing, it is determined that the applicant or licensee:

62-19     (a) In the case of a title agent, is insolvent or in such a financial

62-20  condition that he cannot continue in business with safety to his

62-21  customers;

62-22     (b) Has violated any provision of this chapter or any regulation

62-23  adopted pursuant thereto or has aided and abetted another to do so;

62-24     (c) Has committed fraud in connection with any transaction

62-25  governed by this chapter;

62-26     (d) Has intentionally or knowingly made any misrepresentation

62-27  or false statement to, or concealed any essential or material fact

62-28  known to him from, any principal or designated agent of the

62-29  principal in the course of the escrow business;

62-30     (e) Has intentionally or knowingly made or caused to be made

62-31  to the Commissioner any false representation of a material fact or

62-32  has suppressed or withheld from him any information which the

62-33  applicant or licensee possesses;

62-34     (f) Has failed without reasonable cause to furnish to the parties

62-35  of an escrow their respective statements of the settlement within a

62-36  reasonable time after the close of escrow;

62-37     (g) Has failed without reasonable cause to deliver, within a

62-38  reasonable time after the close of escrow, to the respective parties of

62-39  an escrow transaction any money, documents or other properties

62-40  held in escrow in violation of the provisions of the escrow

62-41  instructions;

62-42     (h) Has refused to permit an examination by the Commissioner

62-43  of his books and affairs or has refused or failed, within a reasonable

62-44  time, to furnish any information or make any report that may be

63-1  required by the Commissioner pursuant to the provisions of this

63-2  chapter;

63-3      (i) Has been convicted of a felony relating to the practice of

63-4  title agents or any misdemeanor of which an essential element is

63-5  fraud;

63-6      (j) In the case of a title agent, has failed to maintain complete

63-7  and accurate records of all transactions within the last 7 years;

63-8      (k) Has commingled the money of other persons with his own or

63-9  converted the money of other persons to his own use;

63-10     (l) Has failed, before the close of escrow, to obtain written

63-11  instructions concerning any essential or material fact or intentionally

63-12  failed to follow the written instructions which have been agreed

63-13  upon by the parties and accepted by the holder of the escrow;

63-14     (m) Has failed to disclose in writing that he is acting in the dual

63-15  capacity of escrow agent or agency and undisclosed principal in any

63-16  transaction;

63-17     (n) In the case of an escrow officer, has been convicted of, or

63-18  entered a plea of guilty or nolo contendere to, any crime involving

63-19  moral turpitude; or

63-20     (o) Has failed to obtain and maintain a copy of the executed

63-21  agreement or contract that establishes the conditions for the sale of

63-22  real property.

63-23     2.  It is sufficient cause for the imposition of a fine or the

63-24  refusal, suspension or revocation of the license of a partnership,

63-25  corporation or any other association if any member of the

63-26  partnership or any officer or director of the corporation or

63-27  association has been guilty of any act or omission directly arising

63-28  from the business activities of a title agent which would be cause for

63-29  such action had the applicant or licensee been a natural person.

63-30     3.  The Commissioner may suspend or revoke the license of a

63-31  title agent, or impose a fine, if the Commissioner finds that the title

63-32  agent:

63-33     (a) Failed to maintain adequate supervision of an escrow officer

63-34  title agent he has appointed or employed.

63-35     (b) Instructed an escrow officer to commit an act which would

63-36  be cause for the revocation of the escrow officer’s license and the

63-37  escrow officer committed the act. An escrow officer is not subject to

63-38  disciplinary action for committing such an act under instruction by

63-39  the title agent.

63-40     4.  The Commissioner may refuse to issue a license to any

63-41  person who, within 10 years before the date of applying for a current

63-42  license, has had suspended or revoked a license issued pursuant to

63-43  this chapter or a comparable license issued by any other state,

63-44  district or territory of the United States or any foreign country.

 

64-1      Sec. 72.  NRS 706.8841 is hereby amended to read as follows:

64-2      706.8841  1.  The Administrator shall issue a driver’s permit

64-3  to qualified persons who wish to be employed by certificate holders

64-4  as taxicab drivers. Before issuing a driver’s permit, the

64-5  Administrator shall:

64-6      (a) Require the applicant to submit a set of his fingerprints,

64-7  which must be forwarded to the Federal Bureau of Investigation to

64-8  ascertain whether the applicant has a criminal record and the nature

64-9  of any such record, and shall further investigate the applicant’s

64-10  background; and

64-11     (b) Require proof that the applicant:

64-12         (1) Has been a resident of the State for 30 days before his

64-13  application for a permit;

64-14         (2) Can read and orally communicate in the English

64-15  language; and

64-16         (3) Has a valid license issued under NRS 483.325 which

64-17  authorizes him to drive a taxicab in this state.

64-18     2.  The Administrator may refuse to issue a driver’s permit if

64-19  the applicant has been convicted of:

64-20     (a) A felony[, other than a felony involving any sexual offense,]

64-21  relating to the practice of taxicab drivers in this state or any other

64-22  jurisdiction [within 5 years before the date of the application;] at

64-23  any time before the date of the application;

64-24     (b) A felony involving any sexual offense in this state or any

64-25  other jurisdiction at any time before the date of the application; or

64-26     (c) A violation of NRS 484.379 or 484.3795 or a law of any

64-27  other jurisdiction that prohibits the same or similar conduct within 3

64-28  years before the date of the application.

64-29     3.  The Administrator may refuse to issue a driver’s permit if

64-30  the Administrator, after the background investigation of the

64-31  applicant, determines that the applicant is morally unfit or if the

64-32  issuance of the driver’s permit would be detrimental to public

64-33  health, welfare or safety.

64-34     4.  A taxicab driver shall pay to the Administrator, in advance,

64-35  $20 for an original driver’s permit and $5 for a renewal.

64-36     Sec. 73.  NRS 176A.860 is hereby repealed.

64-37     Sec. 74.  1.  Any person residing in this state who, before

64-38  July 1, 2003, was:

64-39     (a) Honorably discharged from probation pursuant to

64-40  NRS 176A.850;

64-41     (b) Pardoned pursuant to NRS 213.090;

64-42     (c) Honorably discharged from parole pursuant to NRS 213.154

64-43  and 213.155; or

64-44     (d) Released from prison pursuant to NRS 213.157,

65-1  in this state or any other state, who is not on probation or parole or

65-2  serving a sentence of imprisonment on July 1, 2003, and who has

65-3  not had his civil rights restored is hereby restored to the civil rights

65-4  set forth in subsection 2.

65-5      2.  A person listed in subsection 1:

65-6      (a) Two years after the date on which he is released from his

65-7  sentence of imprisonment, is restored to the following civil rights:

65-8          (1) The right to vote; and

65-9          (2) The right to serve as a juror in a civil action.

65-10     (b) Four years after the date on which he is released from his

65-11  sentence of imprisonment, is restored to the right to hold office.

65-12     (c) Six years after the date on which he is released from his

65-13  sentence of imprisonment, is restored to the right to serve as a juror

65-14  in a criminal action.

65-15     3.  A person who is restored to his civil rights pursuant to this

65-16  section and whose official documentation which demonstrates that

65-17  the person qualifies to have his civil rights restored pursuant to

65-18  subsection 1 is lost, damaged or destroyed may file a written request

65-19  with a court of competent jurisdiction to restore his civil rights

65-20  pursuant to this section. Upon verification that the person qualifies

65-21  to have his civil rights restored pursuant to subsection 1, the court

65-22  shall issue an order restoring the person to the civil rights set forth in

65-23  subsection 2. A person must not be required to pay a fee to receive

65-24  such an order.

65-25     4.  A person who is restored to his civil rights pursuant to this

65-26  section may present official documentation that he qualifies to have

65-27  his civil rights restored pursuant to subsection 1 or a court order

65-28  restoring his civil rights as proof that he has been restored to the

65-29  civil rights set forth in subsection 2.

65-30     Sec. 75.  1.  This section and sections 1 to 56, inclusive, and

65-31  58 to 74, inclusive, of this act become effective on July 1, 2003.

65-32     2.  Section 56 of this act expires by limitation on the date on

65-33  which the provisions of 42 U.S.C. § 666 requiring each state to

65-34  establish procedures under which the state has authority to withhold

65-35  or suspend, or to restrict the use of professional, occupational and

65-36  recreational licenses of persons who:

65-37     (a) Have failed to comply with a subpoena or warrant relating to

65-38  a proceeding to determine the paternity of a child or to establish or

65-39  enforce an obligation for the support of a child; or

65-40     (b) Are in arrears in the payment for support of one or more

65-41  children,

65-42  are repealed by the Congress of the United States.

65-43     3.  Section 57 of this act becomes effective on the date on

65-44  which the provisions of 42 U.S.C. § 666 requiring each state to

65-45  establish procedures under which the state has authority to withhold

66-1  or suspend, or to restrict the use of professional, occupational and

66-2  recreational licenses of persons who:

66-3      (a) Have failed to comply with a subpoena or warrant relating to

66-4  a proceeding to determine the paternity of a child or to establish or

66-5  enforce an obligation for the support of a child; or

66-6      (b) Are in arrears in the payment for support of one or more

66-7  children,

66-8  are repealed by the Congress of the United States.

 

66-9  TEXT OF REPEALED SECTION

 

66-10     176A.860  Procedure for applying for restoration of civil

66-11  rights after honorable discharge.

66-12     1.  If a person is granted an honorable discharge from

66-13  probation, not sooner than 6 months after his honorable discharge,

66-14  the person may apply to the Division to request a restoration of his

66-15  civil rights if the person:

66-16     (a) Has not previously been restored to his civil rights; and

66-17     (b) Has not been convicted of any offense greater than a traffic

66-18  violation after his honorable discharge.

66-19     2.  If a person applies to the Division to request a restoration of

66-20  his civil rights, the person must submit with his application a

66-21  current, certified record of his criminal history received from the

66-22  Central Repository for Nevada Records of Criminal History. If the

66-23  Division determines after an investigation that the person meets

66-24  the requirements of this section, the Division shall petition the court

66-25  in which the person was convicted for an order granting the

66-26  restoration of his civil rights. If the Division refuses to submit such

66-27  a petition, the person may, after notice to the Division, directly

66-28  petition the court for an order granting the restoration of his civil

66-29  rights.

 

66-30  H