Senate Bill No. 428–Committee on Commerce and Labor
CHAPTER..........
AN ACT relating to real estate; making various changes regarding the powers and duties of the Real Estate Commission, the Real Estate Division of the Department of Business and Industry and the Commission of Appraisers of Real Estate; revising provisions governing the regulation of property managers; authorizing certain agencies to conduct business electronically; authorizing the investigation and audit of certain accounts of a real estate broker; expanding the power of certain agencies to impose fines and penalties for certain unlawful conduct and to deny, suspend and revoke licenses under certain circumstances; increasing certain fees and authorizing certain agencies to establish other fees by regulation; making certain conduct unlawful; providing penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 8, inclusive, of this
act.
Sec. 2. “Designated property manager” means a person who
has the qualifications required by section 3 of this act to be a
designated property manager and who is appointed as the
designated property manager for an office pursuant to section 3 of
this act.
Sec. 3. 1. If a real estate broker does not hold a permit to
engage in property management but intends to have property
management activities conducted at an office, the real estate
broker must:
(a) Appoint a person, who has the qualifications required by
this section, as the designated property manager for the office to
supervise the property management activities conducted at the
office; and
(b) Submit notice of the appointment to the Division.
2. The designated property manager for an office must be a
natural person who:
(a) Holds a license as a real estate broker or real estate broker-
salesman;
(b) Holds a permit to engage in property management; and
(c) Has 2 years active experience, within the 4 years
immediately preceding the date of the appointment, in conducting
property management activities in the United States as a licensed
real estate broker, real estate broker-salesman or real estate
salesman.
3. While acting as the designated property manager for an
office, the person:
(a) Must comply with the provisions of this section and NRS
645.6052 to 645.6058, inclusive, and all other applicable
provisions of this chapter; and
(b) Is subject to all the remedies and penalties provided for in
this chapter.
Sec. 4. 1. The Administrator may adopt regulations which
establish procedures for the Division to conduct business
electronically pursuant to title 59 of NRS with persons who are
regulated pursuant to this chapter and with any other persons with
whom the Division conducts business. The regulations may
include, without limitation, the establishment of fees to pay the
costs of conducting business electronically with the Division.
2. In addition to the process authorized by NRS 719.280, if
the Division is conducting business electronically with a person
and a law requires a signature or record to be notarized,
acknowledged, verified or made under oath, the Division may
allow the person to substitute a declaration that complies with the
provisions of NRS 53.045 to satisfy the legal requirement.
3. The Division may refuse to conduct business electronically
with a person who has failed to pay money which the person owes
to the Division or the Commission.
Sec. 5. 1. The Division may investigate and audit all
financial accounts related to the business of a real estate broker,
regardless of whether it is a trust account, if the Division has
reasonable cause to believe that the broker is using or has used the
account to operate or carry on the broker’s business and the
Division:
(a) Has reasonable cause to believe or has received a credible
complaint that the real estate broker is insolvent or is in any
financial condition or has engaged in any financial practice which
creates a substantial risk of insolvency; or
(b) Determines that the investigation and audit is reasonably
necessary to assist the Division in administering or enforcing any
other provision of this chapter or any other statute that the
Division is charged with administering or enforcing.
2. The Commission shall adopt regulations prescribing the
scope of an audit conducted pursuant to this section.
3. The Commission may take action pursuant to NRS 645.630
against:
(a) Any real estate broker or other licensee who knowingly
fails to cooperate or comply with or knowingly impedes or
interferes with any investigation or audit conducted by the
Division pursuant to this section; or
(b) Any real estate broker who is insolvent or who is in any
financial condition or has engaged in any financial practice which
creates a substantial risk of insolvency.
4. As used in this section, “insolvent” or “insolvency” means
a condition in which a real estate broker is unable to meet the
liabilities of the broker’s business as those liabilities become due
in the regular course of the broker’s business and which creates a
substantial risk of harm to the public or a consumer.
Sec. 6. In addition to any other remedy or penalty, the
Commission or the Division, as appropriate, may:
1. Refuse to issue a license, permit, certificate or registration
to a person who has failed to pay money which the person owes to
the Commission or the Division.
2. Refuse to renew, or suspend or revoke, the license, permit,
certificate or registration of a person who has failed to pay money
which the person owes to the Commission or the Division.
Sec. 7. 1. In addition to any other remedy or penalty, the
Commission may impose an administrative fine against any
person who knowingly:
(a) Engages or offers to engage in any activity for which a
license, permit, certificate or registration or any type of
authorization is required pursuant to this chapter, or any
regulation adopted pursuant thereto, if the person does not hold
the required license, permit, certificate or registration or has not
been given the required authorization; or
(b) Assists or offers to assist another person to commit a
violation described in paragraph (a).
2. If the Commission imposes an administrative fine against a
person pursuant to this section, the amount of the administrative
fine may not exceed the amount of any gain or economic benefit
that the person derived from the violation or $5,000, whichever
amount is greater.
3. In determining the appropriate amount of the
administrative fine, the Commission shall consider:
(a) The severity of the violation and the degree of any harm
that the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit
that the person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Commission
deems to be relevant.
4. Before the Commission may impose the administrative
fine, the Commission must provide the person with notice and an
opportunity to be heard.
5. The person is entitled to judicial review of the decision of
the Commission in the manner provided by chapter 233B of NRS.
6. The provisions of this section do not apply to a person who
engages or offers to engage in activities within the purview of this
chapter if:
(a) A specific statute exempts the person from complying with
the provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption
while engaging or offering to engage in those activities.
Sec. 8. 1. It is unlawful for any person to file with the
Administrator, the Division or the Commission any notice,
statement, complaint or other document required under the
provisions of this chapter which is false or which contains any
willful, material misstatement of fact.
2. A person who violates any provision of this section is guilty
of a gross misdemeanor.
Sec. 9. NRS 645.0005 is hereby amended to read as follows:
645.0005 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 645.001 to 645.040,
inclusive, and section 2 of this act have the meanings ascribed to
them in those sections.
Sec. 10. NRS 645.230 is hereby amended to read as follows:
645.230 1. It is unlawful for any person, limited-liability
company, partnership, association or corporation to engage in the
business of, act in the capacity of, advertise or assume to act as, a:
(a) Real estate broker, real estate broker-salesman or real estate
salesman within the State of Nevada without first obtaining the
appropriate license from the Real Estate Division as provided for in
this chapter; [or]
(b) Property manager within the State of Nevada without first
obtaining from the Real Estate Division as provided for in this
chapter a license as a real estate broker, real estate broker-salesman
or real estate salesman and a permit to engage in property
management[.] ; or
(c) Designated property manager within the State of Nevada
without complying with the provisions of section 3 of this act.
2. The Real Estate Division may prefer a complaint for a
violation of this section before any court of competent jurisdiction
and may assist in presenting the law or facts upon any trial for a
violation of this section.
3. The district attorney of each county shall prosecute all
violations of this section in their respective counties in which
violations occur, unless prosecuted by the Attorney General. Upon
the request of the Administrator, the Attorney General shall
prosecute any violation of this section in lieu of the district attorney.
Sec. 11. (Deleted by amendment.)
Sec. 12. NRS 645.355 is hereby amended to read as follows:
645.355 [An]
1. Each applicant for a license as a real estate broker, broker-
salesman or salesman [in this state] must pay a fee for the costs of
an investigation of the applicant’s background.
2. Each applicant must, as part of his application[, be
fingerprinted. Each applicant shall,] and at his own expense[, and] :
(a) Arrange to have a complete set of his fingerprints taken by
a law enforcement agency or other authorized entity acceptable to
the Division on a fingerprint card provided by the law enforcement
agency or other authorized entity for that purpose; and
(b) Submit to the Division[, arrange to be fingerprinted by any
police or sheriff’s office and shall attach his] the fingerprint card [,
after his fingerprints are taken, to his application.] and written
permission authorizing the Division to submit the applicant’s
fingerprints to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of
Investigation for a report on the applicant’s background and to
such other law enforcement agencies as the Division deems
necessary.
3. The Division may [mail] :
(a) Submit the applicant’s [fingerprint card to the Federal
Bureau of Investigation, Washington, D.C., for its report,]
fingerprints to the Central Repository for submission to the
Federal Bureau of Investigation and to such other law enforcement
agencies as the Division [may deem necessary.] deems necessary;
and
(b) Request from each such agency any information regarding
the applicant’s background as the Division deems necessary.
Sec. 13. NRS 645.490 is hereby amended to read as follows:
645.490 1. Upon satisfactorily passing the written
examination and upon complying with all other provisions of law
and conditions of this chapter, a license shall thereupon be granted
by the Division to the successful applicant therefor as a real estate
broker, broker-salesman or salesman, and the applicant, upon
receiving the license, may conduct the business of a real estate
broker, broker-salesman or salesman in this state.
2. The Division shall issue licenses as a real estate broker,
broker-salesman or salesman to all applicants who qualify and
comply with all provisions of law and all requirements of this
chapter.
3. [A] Except as otherwise provided in NRS 645.840:
(a) An original license as a real estate broker, broker-salesman
or salesman [shall renew his license] must be renewed with the
Division [within 1 year immediately after initial licensing and
thereafter shall renew his license every 2 years.] before the
expiration of the initial license period of 12 consecutive months as
prescribed in NRS 645.780; and
(b) Thereafter, the license must be renewed with the Division
before the expiration of each subsequent license period of 24
consecutive months as prescribed in NRS 645.780.
Sec. 14. NRS 645.575 is hereby amended to read as follows:
645.575 1. The Commission shall adopt regulations that
prescribe the standards for the continuing education of persons
licensed pursuant to this chapter . [by adopting regulations which
include:] Until the Commission adopts such regulations, the
standards for continuing education are as follows:
(a) For renewal of a license which is on active status, a
requirement for the hours of attendance at any approved educational
course, seminar or conference of:
(1) Thirty hours within the first year immediately after initial
licensing; and
(2) Fifteen hours within each subsequent 2-year period
before renewal.
For each period, at least 6 of the hours must be devoted to ethics,
professional conduct or the legal aspects of real estate.
(b) For reinstatement of a license which has been placed on
inactive status, a requirement for total attendance at any approved
educational course, seminar or conference of:
(1) Thirty hours if the license was on inactive status for 2
years or less during the initial license period;
(2) Fifteen hours if the license was on inactive status for a
period of 2 years or less, no part of which was during the initial
license period;
(3) Forty-five hours if the license was on inactive status for a
period of more than 2 years, part of which was during the initial
license period; or
(4) Thirty hours if the license was on inactive status for a
period of more than 2 years, no part of which was during the initial
license period.
For each period, at least 6 of the hours must be devoted to ethics,
professional conduct or the legal aspects of real estate.
(c) A basis and method of qualifying educational programs and
certifying attendance which will satisfy the requirements of this
section.
(d) A procedure for the evaluation of petitions based on a claim
of equivalency with the requirements of paragraph (a) or (b).
(e) A system of controlling and reporting qualifying attendance.
(f) A statement of the conditions for which an extension of time
may be granted to comply with the continuing education
requirements as well as a method of applying and qualifying for an
extension.
2. The standards prescribed in subsection 1 must permit
alternatives of subject material, taking cognizance of specialized
areas of practice and alternatives in sources of programs considering
availability in area and time. The standards must include, where
qualified, generally accredited educational institutions, private
vocational schools, educational programs and seminars of
professional societies and organizations, other organized educational
programs on technical subjects, or equivalent offerings. The
Commission shall qualify only those educational courses that it
determines address the appropriate subject matter and are given by
an accredited university or community college. Subject to the
provisions of this section, the Commission has exclusive authority
to determine what is an appropriate subject matter for qualification
as a continuing education course.
3. In addition to any other standards for continuing
education that the Commission adopts by regulation pursuant to
this section, the Commission may, without limitation, adopt by
regulation standards for continuing education that:
(a) Establish a post-licensing curriculum of continuing
education which must be completed by a person within the first
year immediately after initial licensing of the person.
(b) Require a person whose license as a real estate broker or
real estate broker-salesman has been placed on inactive status for
any reason for 1 year or more or has been suspended or revoked to
complete a course of instruction in broker management that is
designed to fulfill the educational requirements for issuance of a
license which are described in paragraph (d) of subsection 2 of
NRS 645.343, before the person’s license is reissued or reinstated.
4. Except as otherwise provided in this subsection, the license
of a real estate broker, broker-salesman or salesman must not be
renewed or reinstated unless the Administrator finds that the
applicant for the renewal license or for reinstatement to active status
has completed the continuing education required by this chapter.
Any amendment or repeal of a regulation does not operate to
prevent an applicant from complying with this section for the next
licensing period following the amendment or repeal.
Sec. 15. NRS 645.6052 is hereby amended to read as follows:
645.6052 1. A person who is licensed pursuant to this chapter
as a real estate broker, real estate broker-salesman or real estate
salesman may apply to the Real Estate Division for a permit to
engage in property management.
2. An applicant for a permit must:
(a) Furnish proof satisfactory to the Division that he has
successfully completed at least 24 classroom hours of instruction in
property management; and
(b) Comply with all other requirements established by the
Commission for the issuance of a permit.
3. A permit expires, and may be renewed, at the same time as
the license of the holder of the permit.
4. An applicant for the renewal of a permit must:
(a) Furnish proof satisfactory to the Division that he has
successfully completed at least 3 of the hours of the continuing
education required for the renewal of his license pursuant to NRS
645.575 in an approved educational course, seminar or conference
concerning property management; and
(b) Comply with all other requirements established by the
Commission for the renewal of a permit.
5. The Commission may adopt such regulations as it
determines are necessary to carry out the provisions of this section.
The regulations may, without limitation:
(a) Establish additional requirements for the issuance or renewal
of a permit.
(b) Establish [a fee] fees for the issuance and renewal of a
permit[.] and fees to pay the costs of:
(1) Any examination for a permit, including any costs
which are necessary for the administration of such an
examination.
(2) Any investigation of an applicant’s background.
(c) Set forth standards of education for the approval of a course
of instruction to qualify [a person] an applicant for a permit .
[pursuant to this section.]
Sec. 16. NRS 645.6058 is hereby amended to read as follows:
645.6058 1. Except as otherwise provided in subsection 3, all
fees, penalties and fines received by the Division pursuant to the
provisions of NRS 645.6052 to 645.6058, inclusive, and section 3
of this act must be deposited with the State Treasurer for credit to
the Division. The money must be used by the Division for the
administration of the provisions of NRS 645.6052 to 645.6058,
inclusive[.] , and section 3 of this act.
2. The Division may delegate to a hearing officer or panel its
authority to take any disciplinary action against property managers,
impose and collect fines pursuant to the disciplinary action and
deposit the money with the State Treasurer for credit to the
Division.
3. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 2, the Division shall
deposit the money collected from the imposition of penalties and
fines collected from property managers with the State Treasurer for
credit to the State General Fund. The Division may present a claim
to the State Board of Examiners for recommendation to the Interim
Finance Committee if money is needed to pay an attorney’s fee or
the costs of an investigation, or both.
Sec. 17. NRS 645.6065 is hereby amended to read as follows:
645.6065 1. Except as otherwise provided in NRS 645.607, a
person shall not act as a qualified intermediary unless he is
registered as such with the Division. The Division may adopt such
regulations as it deems necessary to carry out the provisions of NRS
645.606 to 645.609, inclusive.
2. [A person may] To apply for registration [by paying to] , a
person must pay the Division a fee of $100 [fee plus the actual cost
of a background investigation conducted by the Federal Bureau of
Investigation and filing with] and a fee to pay the costs of an
investigation of the person’s background.
3. In addition to the requirements set forth in subsection 2,
the person must submit to the Division:
(a) The following information on a form provided by the
Division:
(1) The applicant’s name, address and telephone number;
(2) The name under which the applicant will hold the money
or other property of a client;
(3) The names, residence and business addresses of all
persons having an interest in the business as principals, partners,
officers, trustees or directors, specifying the capacity and title of
each;
(4) If the applicant is a natural person, the social security
number of the applicant; and
(5) The length of time the applicant has been engaged in the
business of acting as such an intermediary; and
(b) If the person is a natural person, the statement required
pursuant to NRS 645.6068 . [; and
(c) A card provided by the Division upon which the applicant’s
fingerprints, taken by an agency of law enforcement, are displayed.
3.] 4. Each applicant must, as part of his application and at
his own expense:
(a) Arrange to have a complete set of his fingerprints taken by
a law enforcement agency or other authorized entity acceptable to
the Division on a fingerprint card provided by the law enforcement
agency or other authorized entity for that purpose; and
(b) Submit to the Division the completed fingerprint card and
written permission authorizing the Division to submit the
applicant’s fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau
of Investigation for a report on the applicant’s background and to
such other law enforcement agencies as the Division deems
necessary.
5. The Division [shall:
(a) Mail the card upon which the applicant’s fingerprints are
displayed] may:
(a) Submit the applicant’s fingerprints to the Central
Repository for submission to the Federal Bureau of Investigation[;]
and to such other law enforcement agencies as the Division deems
necessary; and
(b) Request from [the Bureau] each such agency any
information regarding the applicant’s [criminal history] background
as the Division deems necessary.
[4.] 6. Registration pursuant to this section must be renewed
each year on or before the date of the original registration by
providing the information required by the Division for that purpose
and paying a renewal fee of $75.
Sec. 18. NRS 645.780 is hereby amended to read as follows:
645.780 [Every]
1. Each license issued under the provisions of this chapter
expires at midnight on the last day of the last month of [a] the
applicable license period[. A] for the license.
2. The initial license period for an original license as a real
estate broker, broker-salesman or salesman is a period of 12
consecutive months beginning on the first day of the first calendar
month after the original license is issued by the Division.
Thereafter, each subsequent license period is a period of 24
consecutive months beginning on the first day of the first calendar
month after a renewal of the license is issued[.] by the Division for
the subsequent license period.
3. For all other licenses, the license period is a period of 24
consecutive months beginning on the first day of the first calendar
month after the license or any renewal of the license is issued by
the Division, unless a specific statute:
(a) Provides for a different license period; or
(b) Expressly authorizes a different license period to be
provided for by regulation.
Sec. 19. NRS 645.830 is hereby amended to read as follows:
645.830 1. The following fees must be charged by and paid
to the Division:
For each original real estate broker’s, broker-
salesman’s or corporate broker’s license[$85] $105
For each original real estate salesman’s license [65] 85
For each original branch office license[100] 120
For real estate education, research and recovery
to be paid at the time an [original] application
for [a] an original license is filed... [20]40
For real estate education, research and recovery
to be paid at the time an application for [a]
renewalof a license is [renewed] filed. $40
For each renewal of a real estate broker’s,
broker-salesman’s or corporate broker’s license[170] 180
For each renewal of a real estate salesman’s
license........................................... [130] 140
For each renewal of a real estate branch office
license........................................... [100] 110
For each penalty for late filing of a renewal for a
broker’s, broker-salesman’s or corporate
broker’s license................................. [85] 95
For each penalty for late filing of a renewal for a
salesman’s license............................. [65] 75
For each change of name or address[10] 20
For each transfer of a real estate salesman’s or
broker-salesman’s license and change of
association or employment............... [10] 20
For each duplicate license where the original
license is lost or destroyed, and an affidavit is
made thereof...................................... [10] 20
For each change of broker status from broker to
broker-salesman, [orthereverse]..... [10] 20
For each change of broker status from broker-
salesman to broker................................... 40
For each reinstatement to active status of an
inactive real estate broker’s, broker-salesman’s
or salesman’s license........................ [10] 20
For each reinstatement of a real estate broker’s
license when the licensee fails to give immediate
written notice to the Division of a change of
name or business location................ [20] 30
For each reinstatement of a real estate
salesman’s or broker-salesman’s license when
he fails to notify the Division of a change of
broker within 30 days of termination by previous
broker................................................ [20] 30
For each original registration of an owner-
developer....................................... [100] 125
For each annual renewal of a registration of an
owner-developer........................... [100] 125
For each enlargement of the area of an owner-
developer’s registration.................... [15] 50
For each cooperative certificate issued to an out-
of-state broker licensee for 1 year or fraction
thereof........................................... [40] $150
For each original accreditation of a course of
continuing education...................... [50] 100
For each renewal of accreditation of a course of
continuing education........................ [10] 50
For each annual approval of a course of
instruction offered in preparation for an
original license or permit...................... 100
2. The fees prescribed by this section for courses of
instruction offered in preparation for an original license or permit
or for courses of continuing education do not apply to [any] :
(a) Any university or community college of the University and
Community College System of Nevada.
(b) Any agency of the State.
(c) Any regulatory agency of the Federal Government.
3. The Commission shall adopt regulations which establish
the fees to be charged and collected by the Division to pay the
costs of any investigation of a person’s background.
Sec. 20. NRS 645.842 is hereby amended to read as follows:
645.842 1. The Real Estate Education, Research and
Recovery Fund is hereby created as a special revenue fund.
2. A balance of not less than $50,000 must be maintained in the
Fund, to be used for satisfying claims against persons licensed under
this chapter, as provided in NRS 645.841 to 645.8494, inclusive.
Any balance over $50,000 at the end of any fiscal year must be set
aside and used by the Administrator, after approval of the
Commission, for real estate education and research.
3. The interest and income earned on the money in the Fund,
after deducting any applicable charges, must be credited to the
Fund.
Sec. 21. Chapter 645C of NRS is hereby amended by adding
thereto the provisions set forth as sections 22, 23 and 24 of this act.
Sec. 22. 1. The Administrator may adopt regulations which
establish procedures for the Division to conduct business
electronically pursuant to title 59 of NRS with persons who are
regulated pursuant to this chapter and with any other persons with
whom the Division conducts business. The regulations may
include, without limitation, the establishment of fees to pay the
costs of conducting business electronically with the Division.
2. In addition to the process authorized by NRS 719.280, if
the Division is conducting business electronically with a person
and a law requires a signature or record to be notarized,
acknowledged, verified or made under oath, the Division may
allow the person to substitute a declaration that complies with the
provisions of NRS 53.045 to satisfy the legal requirement.
3. The Division may refuse to conduct business electronically
with a person who has failed to pay money which the person owes
to the Division or the Commission.
Sec. 23. In addition to any other remedy or penalty, the
Commission or the Division, as appropriate, may:
1. Refuse to issue a certificate, license or registration card to
a person who has failed to pay money which the person owes to
the Commission or the Division.
2. Refuse to renew, or suspend or revoke, the certificate,
license or registration card of a person who has failed to pay
money which the person owes to the Commission or the Division.
Sec. 24. 1. In addition to any other remedy or penalty, the
Commission may impose an administrative fine against any
person who knowingly:
(a) Engages or offers to engage in any activity for which a
certificate, license or registration card or any type of authorization
is required pursuant to this chapter, or any regulation adopted
pursuant thereto, if the person does not hold the required
certificate, license or registration card or has not been given the
required authorization; or
(b) Assists or offers to assist another person to commit a
violation described in paragraph (a).
2. If the Commission imposes an administrative fine against a
person pursuant to this section, the amount of the administrative
fine may not exceed the amount of any gain or economic benefit
that the person derived from the violation or $5,000, whichever
amount is greater.
3. In determining the appropriate amount of the
administrative fine, the Commission shall consider:
(a) The severity of the violation and the degree of any harm
that the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit
that the person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Commission
deems to be relevant.
4. Before the Commission may impose the administrative
fine, the Commission must provide the person with notice and an
opportunity to be heard.
5. The person is entitled to judicial review of the decision of
the Commission in the manner provided by chapter 233B of NRS.
6. The provisions of this section do not apply to a person who
engages or offers to engage in activities within the purview of this
chapter if:
(a) A specific statute exempts the person from complying with
the provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption
while engaging or offering to engage in those activities.
Sec. 25. NRS 645C.300 is hereby amended to read as follows:
645C.300 1. [Every] Each application for a certificate,
license or registration card must include the social security number
of the applicant and be accompanied by the fee for the certificate,
license or registration card[.
2. Each] and the fee to pay the costs of an investigation of the
applicant’s background.
2. Each applicant must[:
(a) At] , as part of his application and at his own expense [and]
:
(a) Arrange to have a complete set of his fingerprints taken by
a law enforcement agency or other authorized entity acceptable to
the Division on a fingerprint card provided by the law enforcement
agency or other authorized entity for that purpose; and
(b) Submit to the Division[, arrange to be fingerprinted by an
agency of law enforcement; and
(b) Attach] the completed fingerprint card [to his application.]
and written permission authorizing the Division to submit the
applicant’s fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau
of Investigation for a report on the applicant’s background and to
such other law enforcement agencies as the Division deems
necessary.
3. The Division may:
(a) [Mail the card] Submit the applicant’s fingerprints to the
Central Repository for submission to the Federal Bureau of
Investigation [or any other agency of] and to such other law
enforcement[;] agencies as the Division deems necessary; and
(b) Request from each such [an] agency any information
regarding the applicant’s [criminal history] background as the
Division deems necessary.
Sec. 26. NRS 645C.450 is hereby amended to read as follows:
645C.450 1. The following fees may be charged and
collected by the Division:
Application for a certificate, license or registration
card........................................................ $100
Issuance or renewal of a certificate or license as a
residential appraiser................................ 290
Issuance or renewal of a certificate as a general
appraiser.................................................. 390
Issuance of a permit................................ 115
Issuance or renewal of a registration card$190
Issuance of a duplicate certificate or license for an
additional office........................................ 50
Change in the name or location of a business [10] 20
Reinstatement of an inactive certificate or license [10] 30
Annual approval of a course of instruction offered in
preparation for an initial certificate or license100
[Annual] Original approval of a course of
instruction offered for continuing education 100
Renewal of approval of a course of instruction
offered for continuing education............. 50
2. The Division shall adopt regulations which establish the fees
to be charged and collected by the Division to pay [for:
(a) The] the costs of:
(a) Any examination for a certificate or license[; and
(b) Any additional expenses] , including any costs which are
necessary for the administration of [the] such an examination.
(b) Any investigation of a person’s background.
Sec. 27. Chapter 645D of NRS is hereby amended by adding
thereto the provisions set forth as sections 28, 29 and 30 of this act.
Sec. 28. 1. The Administrator may adopt regulations which
establish procedures for the Division to conduct business
electronically pursuant to title 59 of NRS with persons who are
regulated pursuant to this chapter and with any other persons with
whom the Division conducts business. The regulations may
include, without limitation, the establishment of fees to pay the
costs of conducting business electronically with the Division.
2. In addition to the process authorized by NRS 719.280, if
the Division is conducting business electronically with a person
and a law requires a signature or record to be notarized,
acknowledged, verified or made under oath, the Division may
allow the person to substitute a declaration that complies with the
provisions of NRS 53.045 to satisfy the legal requirement.
3. The Division may refuse to conduct business electronically
with a person who has failed to pay money which the person owes
to the Division.
Sec. 29. In addition to any other remedy or penalty, the
Administrator may:
1. Refuse to issue a certificate to a person who has failed to
pay money which the person owes to the Division.
2. Refuse to renew, or suspend or revoke, the certificate of a
person who has failed to pay money which the person owes to the
Division.
Sec. 30. 1. In addition to any other remedy or penalty, the
Administrator may impose an administrative fine against any
person who knowingly:
(a) Engages or offers to engage in any activity for which a
certificate or any type of authorization is required pursuant to this
chapter, or any regulation adopted pursuant thereto, if the person
does not hold the required certificate or has not been given the
required authorization; or
(b) Assists or offers to assist another person to commit a
violation described in paragraph (a).
2. If the Administrator imposes an administrative fine against
a person pursuant to this section, the amount of the administrative
fine may not exceed the amount of any gain or economic benefit
that the person derived from the violation or $5,000, whichever
amount is greater.
3. In determining the appropriate amount of the
administrative fine, the Administrator shall consider:
(a) The severity of the violation and the degree of any harm
that the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit
that the person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Administrator
deems to be relevant.
4. Before the Administrator may impose the administrative
fine, the Administrator must provide the person with notice and an
opportunity to be heard.
5. The person is entitled to judicial review of the decision of
the Administrator in the manner provided by chapter 233B of
NRS.
6. The provisions of this section do not apply to a person who
engages or offers to engage in activities within the purview of this
chapter if:
(a) A specific statute exempts the person from complying with
the provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption
while engaging or offering to engage in those activities.
Sec. 31. NRS 645D.180 is hereby amended to read as follows:
645D.180 1. [Every] Each application for a certificate must
be accompanied by the fee for the certificate[.
2. Each] and the fee to pay the costs of an investigation of the
applicant’s background.
2. Each applicant must[:
(a) At] , as part of his application and at his own expense
[and] :
(a) Arrange to have a complete set of his fingerprints taken by
a law enforcement agency or other authorized entity acceptable to
the Division on a fingerprint card provided by the law enforcement
agency or other authorized entity for that purpose; and
(b) Submit to the Division[, arrange to be fingerprinted by an
agency of law enforcement; and
(b) Attach] the completed fingerprint card [to his application.]
and written permission authorizing the Division to submit the
applicant’s fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau
of Investigation for a report on the applicant’s background and to
such other law enforcement agencies as the Division deems
necessary.
3. The Division may:
(a) Require more than one complete set of fingerprints;
(b) [Mail a completed card] Submit the applicant’s fingerprints
to the Central Repository for submission to the Federal Bureau of
Investigation [or any other agency of] and to such other law
enforcement[;] agencies as the Division deems necessary; and
(c) Request from each such [an] agency any information
regarding the applicant’s [criminal history] background that the
Division deems necessary.
Sec. 32. NRS 645D.240 is hereby amended to read as follows:
645D.240 1. The following fees must be charged and
collected by the Division:
[Application] For each application for a certificate $100
[Issuance] For the issuance or renewal of a certificate250
For each penalty for a late renewal of a certificate125
For each change of name, address or association 20
For each duplicate certificate where the original is
lost or destroyed, and an affidavit is made thereof 20
For each reinstatement to active status of an inactive
certificate.................................................. 20
For each annual approval of a course of instruction
offered in preparation for an original certificate100
For each original accreditation of a course of
continuing education............................ 100
For each renewal of accreditation of a course of
continuing education.............................. 50
2. The Division shall adopt regulations which establish the
fees to be charged and collected by the Division to pay the costs of:
(a) Any examination for a certificate, including any costs
which are necessary for the administration of such an
examination.
(b) Any investigation of a person’s background.
Sec. 33. Chapter 116 of NRS is hereby amended by adding
thereto the provisions set forth as sections 34, 35 and 36 of this act.
Sec. 34. “Division” means the Real Estate Division of the
Department of Business and Industry.
Sec. 35. 1. The Administrator may adopt regulations which
establish procedures for the Division to conduct business
electronically pursuant to title 59 of NRS with persons who are
regulated pursuant to this chapter and with any other persons with
whom the Division conducts business. The regulations may
include, without limitation, the establishment of fees to pay the
costs of conducting business electronically with the Division.
2. In addition to the process authorized by NRS 719.280, if
the Division is conducting business electronically with a person
and a law requires a signature or record to be notarized,
acknowledged, verified or made under oath, the Division may
allow the person to substitute a declaration that complies with the
provisions of NRS 53.045 to satisfy the legal requirement.
3. The Division may refuse to conduct business electronically
with a person who has failed to pay money which the person owes
to the Division or the Real Estate Commission.
Sec. 36. 1. In addition to any other remedy or penalty, the
Real Estate Commission may impose an administrative fine
against any person who knowingly:
(a) Engages or offers to engage in any activity for which a
permit or certificate or any type of authorization is required
pursuant to NRS 116.31139, or any regulation adopted pursuant
thereto, if the person does not hold the required permit or
certificate or has not been given the required authorization; or
(b) Assists or offers to assist another person to commit a
violation described in paragraph (a).
2. If the Real Estate Commission imposes an administrative
fine against a person pursuant to this section, the amount of the
administrative fine may not exceed the amount of any gain or
economic benefit that the person derived from the violation or
$5,000, whichever amount is greater.
3. In determining the appropriate amount of the
administrative fine, the Real Estate Commission shall consider:
(a) The severity of the violation and the degree of any harm
that the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit
that the person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Real Estate
Commission deems to be relevant.
4. Before the Real Estate Commission may impose the
administrative fine, the Real Estate Commission must provide the
person with notice and an opportunity to be heard.
5. The person is entitled to judicial review of the decision of
the Real Estate Commission in the manner provided by chapter
233B of NRS.
6. The provisions of this section do not apply to a person who
engages or offers to engage in activities within the purview of NRS
116.31139 if:
(a) A specific statute exempts the person from complying with
the provisions of NRS 116.31139 with regard to those activities;
and
(b) The person is acting in accordance with the exemption
while engaging or offering to engage in those activities.
Sec. 37. NRS 116.1103 is hereby amended to read as follows:
116.1103 [In] As used in this chapter and in the declaration
and bylaws [(NRS 116.3106), unless specifically provided otherwise
or] of an association, unless the context otherwise requires, [and in
this chapter,] the words and terms defined in NRS 116.110305 to
116.110393, inclusive, and section 34 of this act have the meanings
ascribed to them in those sections.
Sec. 38. NRS 116.110305 is hereby amended to read as
follows:
116.110305 “Administrator” means the Real Estate
Administrator . [of the Real Estate Division of the Department of
Business and Industry.]
Sec. 39. NRS 116.1116 is hereby amended to read as follows:
116.1116 1. The Office of the Ombudsman for Owners in
Common-Interest Communities is hereby created within the [Real
Estate Division of the Department of Business and Industry.]
Division.
2. The Administrator shall appoint the Ombudsman for Owners
in Common-Interest Communities. The Ombudsman for Owners in
Common-Interest Communities is in the unclassified service of the
State.
3. The Ombudsman for Owners in Common-Interest
Communities must be qualified by training and experience to
perform the duties and functions of his office.
4. The Ombudsman for Owners in Common-Interest
Communities shall:
(a) Assist in processing claims submitted to mediation or
arbitration pursuant to NRS 38.300 to 38.360, inclusive;
(b) Assist owners in common-interest communities to
understand their rights and responsibilities as set forth in this
chapter and the governing documents of their associations,
including, without limitation, publishing materials related to those
rights and responsibilities;
(c) Assist persons appointed or elected to serve on executive
boards of associations to carry out their duties; and
(d) Compile and maintain a registration of each association
organized within the state which includes, without limitation:
(1) The name, address and telephone number of the
association;
(2) The name of the person engaged in property management
for the common-interest community or the name of the person who
manages the property at the site of the common-interest community;
(3) The names, mailing addresses and telephone numbers of
the members of the executive board of the association;
(4) The name of the declarant;
(5) The number of units in the common-interest community;
and
(6) The total annual assessment made by the association.
Sec. 40. NRS 116.31139 is hereby amended to read as
follows:
116.31139 1. An association may employ a person engaged
in property management for the common-interest community.
2. Except as otherwise provided in this section, a person
engaged in property management for a common-interest community
must:
(a) Hold a permit to engage in property management that is
issued pursuant to the provisions of chapter 645 of NRS; or
(b) Hold a certificate issued by the Real Estate Commission
pursuant to subsection 3.
3. The Real Estate Commission shall provide by regulation for
the issuance of certificates for the management of common-interest
communities to persons who are not otherwise authorized to engage
in property management pursuant to the provisions of chapter 645 of
NRS. The regulations:
(a) Must establish the qualifications for the issuance of such a
certificate, including the education and experience required to obtain
such a certificate . [;]
(b) May require applicants to pass an examination in order to
obtain a certificate . [;] If the regulations require such an
examination, the Real Estate Commission shall adopt regulations
which establish fees to pay the costs of the examination, including
any costs which are necessary for the administration of the
examination.
(c) May require an investigation of an applicant’s background.
If the regulations require such an investigation, the Real Estate
Commission shall adopt regulations which establish fees to pay
the costs of the investigation.
(d) Must establish standards of practice for persons engaged in
property management for a common-interest community . [;
(d)] (e) Must establish the grounds for initiating disciplinary
action against a person to whom a certificate has been issued,
including, without limitation, the grounds for placing conditions,
limitations or restrictions on a certificate and for the suspension or
revocation of a certificate . [; and
(e)] (f) Must establish rules of practice and procedure for
conducting disciplinary hearings.
The [Real Estate Division of the Department of Business and
Industry] Division may investigate the property managers to whom
certificates have been issued to ensure their compliance with the
standards of practice adopted pursuant to this subsection and collect
a fee for the issuance of a certificate by the Real Estate Commission
in an amount not to exceed the administrative costs of issuing the
certificate.
4. In addition to any other remedy or penalty, the Real Estate
Commission may:
(a) Refuse to issue a permit or certificate to a person who has
failed to pay money which the person owes to the Real Estate
Commission or the Division.
(b) Refuse to renew, or suspend or revoke, the permit or
certificate of a person who has failed to pay money which the
person owes to the Real Estate Commission or the Division.
5. The provisions of subsection 2 do not apply to:
(a) A person who is engaged in property management for a
common-interest community on October 1, 1999, and is granted an
exemption from the requirements of subsection 2 by the
Administrator upon demonstration that he is qualified and
competent to engage in property management for a common-interest
community.
(b) A financial institution.
(c) An attorney licensed to practice in this state.
(d) A trustee.
(e) An employee of a corporation who manages only the
property of the corporation.
(f) A declarant.
(g) A receiver.
[5.] 6. As used in this section, “property management” means
the physical, administrative or financial maintenance and
management of real property, or the supervision of those activities
for a fee, commission or other compensation or valuable
consideration.
Sec. 41. NRS 116.311391 is hereby amended to read as
follows:
116.311391 The expiration or revocation of a certificate for the
management of a common-interest community by operation of law
or by order or decision of the Real Estate Commission or a court of
competent jurisdiction, or the voluntary surrender of such a
certificate by the holder of the certificate does not:
1. Prohibit the [Real Estate Division of the Department of
Business and Industry or] Real Estate Commission or the Division
from initiating or continuing an investigation of, or action or
disciplinary proceeding against, the holder of the certificate as
authorized pursuant to the provisions of this chapter or the
regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine or penalty
authorized pursuant to the provisions of this chapter or the
regulations adopted pursuant thereto against the holder of the
certificate.
Sec. 42. Chapter 119 of NRS is hereby amended by adding
thereto the provisions set forth as sections 43, 44 and 45 of this act.
Sec. 43. 1. The Administrator may adopt regulations which
establish procedures for the Division to conduct business
electronically pursuant to title 59 of NRS with persons who are
regulated pursuant to this chapter and with any other persons with
whom the Division conducts business. The regulations may
include, without limitation, the establishment of fees to pay the
costs of conducting business electronically with the Division.
2. In addition to the process authorized by NRS 719.280, if
the Division is conducting business electronically with a person
and a law requires a signature or record to be notarized,
acknowledged, verified or made under oath, the Division may
allow the person to substitute a declaration that complies with the
provisions of NRS 53.045 to satisfy the legal requirement.
3. The Division may refuse to conduct business electronically
with a person who has failed to pay money which the person owes
to the Division.
Sec. 44. In addition to any other remedy or penalty, the
Administrator may:
1. Refuse to issue a license, permit or registration to a person
who has failed to pay money which the person owes to the
Division.
2. Refuse to renew, or suspend or revoke, the license, permit
or registration of a person who has failed to pay money which the
person owes to the Division.
Sec. 45. 1. In addition to any other remedy or penalty, the
Administrator may impose an administrative fine against any
person who knowingly:
(a) Engages or offers to engage in any activity for which a
license, permit or registration or any type of authorization is
required pursuant to this chapter, or any regulation adopted
pursuant thereto, if the person does not hold the required license,
permit or registration or has not been given the required
authorization; or
(b) Assists or offers to assist another person to commit a
violation described in paragraph (a).
2. If the Administrator imposes an administrative fine against
a person pursuant to this section, the amount of the administrative
fine may not exceed the amount of any gain or economic benefit
that the person derived from the violation or $5,000, whichever
amount is greater.
3. In determining the appropriate amount of the
administrative fine, the Administrator shall consider:
(a) The severity of the violation and the degree of any harm
that the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit
that the person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Administrator
deems to be relevant.
4. Before the Administrator may impose the administrative
fine, the Administrator must provide the person with notice and an
opportunity to be heard.
5. The person is entitled to judicial review of the decision of
the Administrator in the manner provided by chapter 233B of
NRS.
6. The provisions of this section do not apply to a person who
engages or offers to engage in activities within the purview of this
chapter if:
(a) A specific statute exempts the person from complying with
the provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption
while engaging or offering to engage in those activities.
Sec. 46. NRS 119.015 is hereby amended to read as follows:
119.015 “Administrator” means the [chief of the Division.]
Real Estate Administrator.
Sec. 47. NRS 119.184 is hereby amended to read as follows:
119.184 1. A subdivision consisting of land situated in the
State of Nevada or another state must not be advertised or offered
for sale within the State of Nevada until the advertising and offering
is approved by the Division. Each advertisement must contain the
processing number assigned by the Division.
2. Each application for approval of advertising must be
accompanied by [a] :
(a) A filing fee [not to exceed $200, according to] based on a
schedule of fees [to be] established by the Division ; and [fees]
(b) Fees for inspecting the advertising and the property in
amounts established by the Division.
3. The Division shall render a decision upon an application for
approval of an advertising or offering within 30 days from the date
the application is filed.
4. The Division shall adopt regulations to accomplish the
purpose of this section.
Sec. 48. NRS 119.320 is hereby amended to read as follows:
119.320 1. Subject to the provisions of this chapter, the
Division shall collect the following fees at such times and upon such
conditions as it may provide by regulation:
For each annual registered representative’s license
to represent a developer............... [$65] $85
For each transfer of a registered representative’s
license to represent a developer....... [20] 30
For each penalty for a late renewal of a
registered representative’s license......... 40
For each application for a developer’s request for
an exemption from any provision of this chapter[250] 275
For each application for renewal of an exemption
from any provision of this chapter[250] 275
For each developer’s permit per subdivision.. 500
For each developer’s temporary permit for each
subdivision.................................... [250] 275
For each renewal of a developer’s permit500
For each developer’s partial registration pursuant
to NRS 119.121........................... [250] 275
For each amendment to a developer’s permit [100] 150
The $500 fee for a developer’s permit per subdivision does not
apply to any subdivision having 34 or fewer lots, parcels, interests
or units.
2. At the time of the original filing, each developer shall pay an
additional $5 for each lot, parcel, interest or unit in any one
subdivision in excess of 50, but not exceeding 250 such lots,
parcels, interests or units; $4 for 251 through 500 lots, parcels,
interests or units in any one subdivision; $3 for 501 through 750
lots, parcels, interests or units in any one subdivision; and $2.50 for
all lots, parcels, interests or units in excess of 750 in any one
subdivision. The developer may designate lots, parcels, interests or
units it intends to offer for sale or lease in this state out of the
subdivision, and the fee per lot, parcel, interest or unit is only
applicable to those lots, parcels, interests or units. The units must be
designated in groupings of no less than 5 contiguous units in each
group, except that the Division may accept fewer upon request of
the developer. If the developer determines to offer additional lots,
parcels, interests or units, it shall so certify to the Division and pay
the additional fee therefor.
3. With the exception of the fees for a registered
representative’s license or transfer, the fees enumerated in this
section must be reduced by the Administrator at such times as, in his
judgment, he considers a reduction equitable in relation to the
necessary costs of carrying out the administration and enforcement
of the provisions of this chapter.
Sec. 49. Chapter 119A of NRS is hereby amended by adding
thereto the provisions set forth as sections 50, 51 and 52 of this act.
Sec. 50. 1. The Administrator may adopt regulations which
establish procedures for the Division to conduct business
electronically pursuant to title 59 of NRS with persons who are
regulated pursuant to this chapter and with any other persons with
whom the Division conducts business. The regulations may
include, without limitation, the establishment of fees to pay the
costs of conducting business electronically with the Division.
2. In addition to the process authorized by NRS 719.280, if
the Division is conducting business electronically with a person
and a law requires a signature or record to be notarized,
acknowledged, verified or made under oath, the Division may
allow the person to substitute a declaration that complies with the
provisions of NRS 53.045 to satisfy the legal requirement.
3. The Division may refuse to conduct business electronically
with a person who has failed to pay money which the person owes
to the Division.
Sec. 51. In addition to any other remedy or penalty, the
Administrator may:
1. Refuse to issue a license, permit, certificate or registration
to a person who has failed to pay money which the person owes to
the Division.
2. Refuse to renew, or suspend or revoke, the license, permit,
certificate or registration of a person who has failed to pay money
which the person owes to the Division.
Sec. 52. 1. In addition to any other remedy or penalty, the
Administrator may impose an administrative fine against any
person who knowingly:
(a) Engages or offers to engage in any activity for which a
license, permit, certificate or registration or any type of
authorization is required pursuant to this chapter, or any
regulation adopted pursuant thereto, if the person does not hold
the required license, permit, certificate or registration or has not
been given the required authorization; or
(b) Assists or offers to assist another person to commit a
violation described in paragraph (a).
2. If the Administrator imposes an administrative fine against
a person pursuant to this section, the amount of the administrative
fine may not exceed the amount of any gain or economic benefit
that the person derived from the violation or $5,000, whichever
amount is greater.
3. In determining the appropriate amount of the
administrative fine, the Administrator shall consider:
(a) The severity of the violation and the degree of any harm
that the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit
that the person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Administrator
deems to be relevant.
4. Before the Administrator may impose the administrative
fine, the Administrator must provide the person with notice and an
opportunity to be heard.
5. The person is entitled to judicial review of the decision of
the Administrator in the manner provided by chapter 233B of
NRS.
6. The provisions of this section do not apply to a person who
engages or offers to engage in activities within the purview of this
chapter if:
(a) A specific statute exempts the person from complying with
the provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption
while engaging or offering to engage in those activities.
Sec. 53. NRS 119A.210 is hereby amended to read as follows:
119A.210 1. The Administrator shall issue a sales agent’s
license to each applicant who submits an application to the Division,
in the manner provided by the Division, which includes:
(a) Satisfactory evidence, affirmed by the project broker or
another acceptable source, that the applicant has completed 14 hours
of instruction in:
(1) Ethics.
(2) The applicable laws and regulations relating to time
shares.
(3) Principles and practices of selling time shares.
(b) Satisfactory evidence that he has a reputation for honesty,
trustworthiness and competence.
(c) A designation of the developer for whom he proposes to sell
time shares.
(d) The social security number of the applicant.
(e) Any further information required by the Division, including
the submission by the applicant to any investigation by the police or
the Division.
2. In addition to or in lieu of the 14 hours of instruction
required by paragraph (a) of subsection 1, the applicant may be
required to pass an examination which may be adopted by the
Division to examine satisfactorily the knowledge of the applicant in
those areas of instruction listed in paragraph (a) of subsection 1.
3. [The application must be accompanied by] Each applicant
must submit the statement required pursuant to NRS 119A.263 and
[a fee of $75. The fee must be used by the Division to] pay the
[costs of investigating, acting upon and reviewing applications for
sales agents’ licenses.] fees provided for in this chapter.
4. Each applicant must, as part of his application and at his
own expense:
(a) Arrange to have a complete set of his fingerprints taken by
a law enforcement agency or other authorized entity acceptable to
the Division on a fingerprint card provided by the law enforcement
agency or other authorized entity for that purpose; and
(b) Submit to the Division the completed fingerprint card and
written permission authorizing the Division to submit the
applicant’s fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau
of Investigation for a report on the applicant’s background and to
such other law enforcement agencies as the Division deems
necessary.
5. The Division may:
(a) Submit the applicant’s fingerprints to the Central
Repository for submission to the Federal Bureau of Investigation
and to such other law enforcement agencies as the Division deems
necessary; and
(b) Request from each such agency any information regarding
the applicant’s background as the Division deems necessary.
6. A person who is licensed as a salesman pursuant to chapter
645 of NRS is not required to obtain a license pursuant to the
provisions of this section.
[5. Upon the issuance of a license to an applicant, the applicant
must pay a fee of $100 for the license and an additional fee of $25
for investigation.
6.] 7. Each sales agent’s license issued pursuant to this section
expires 2 years after the last day of the calendar month in which it
was issued and must be renewed on or before that date. Each
licensee[must pay a] who submits the statement required pursuant
to NRS 119A.263 and meets the requirements for renewal may
renew his license upon the payment of the renewal fee [of $100.
7.] before his license expires.
8. If a [sales agent] licensee fails to [pay the renewal fee before
the expiration of] renew his license[,] before it expires, the license
may be reinstated if the licensee submits the statement and pays [a
reinstatement fee of $50 and] the renewal fee and the penalty
specified in NRS 119A.360 within 1 year after the license expires.
[8.] 9. The Administrator may adopt regulations establishing
and governing requirements for the continuing education of sales
agents.
Sec. 54. NRS 119A.250 is hereby amended to read as follows:
119A.250 1. The registration of a representative issued
pursuant to this chapter expires 1 year after its issuance.
2. Each representative who submits the statement required
pursuant to NRS 119A.263 and meets the requirements for renewal
adopted by the Division may renew his registration upon the
payment of the annual renewal fee before [the expiration of] his
registration[.] expires.
3. If a representative fails to [pay the annual renewal fee before
the expiration of] renew his registration[,] before it expires, the
registration may be reinstated upon the submission of the statement
and the payment of the [reinstatement fee in addition to the] annual
renewal fee[. A registration may be reinstated under this subsection
only if the statement is submitted and the fees are paid] and the
penalty specified in NRS 119A.360 within 1 year after the
registration expires.
4. A representative issued a registration shall not change his
association to another developer or change his location with the
same developer unless he has obtained from the Division a transfer
of his registration for its unexpired term. An application to the
Division for the transfer of his registration for the unexpired term
must be accompanied by the fee specified in NRS 119A.360 for the
transfer of registration.
Sec. 55. NRS 119A.360 is hereby amended to read as follows:
119A.360 1. The Division shall collect the following fees at
such times and upon such conditions as it may provide by
regulation:
[Application fee for preliminary permit to sell
time shares............................................ $250
Application fee] For each application for the
registration of a representative........ [65] 85
For each renewal of the registration of a
representative.................................... [65] 85
[Application fee for] For each transfer of the
registration of a representative to a different
developer or location................................ 20
For [reinstatement] each penalty for a late
renewal of the registration of a representative [25] $40
For each preliminary permit to sell time shares 275
For each permit to sell time shares, per
subdivision.............................................. 500
For each amendment to a public offering
statement after the issuance of the report[100] 150
For each renewal of a permit to sell time shares 500
For each original and annual registration of a
manager.................................................... 75
For each application for an original license as a
sales agent.............................................. 175
For each renewal of a license as a sales agent175
For each penalty for a late renewal of a license
as a sales agent........................................ 75
For each change of name or address.... 20
For each duplicate license, permit or
registration where the original is lost or
destroyed, and an affidavit is made thereof 20
For each annual approval of a course of
instruction offered in preparation for an
original license or permit...................... 100
For each original accreditation of a course of
continuing education............................ 100
For each renewal of accreditation of a course of
continuing education.............................. 50
2. Each developer shall pay an additional fee for each time
share he sells in a time-share plan over 50 pursuant to the following
schedule:
Amount to be
Number of time shares paid per time share
51—250.......................................... $5.00
251—500............................................. 4.00
501—750............................................. 3.00
751—1500............................................. 2.50
over 1500............................................. 1.00
3. Except for the fees relating to the registration of a
representative, the Administrator may reduce the fees established by
this section if the reduction is equitable in relation to the costs of
carrying out the provisions of this chapter.
4. The Division shall adopt regulations which establish the
fees to be charged and collected by the Division to pay the costs of:
(a) Any examination for a license, including any costs which
are necessary for the administration of such an examination.
(b) Any investigation of a person’s background.
Sec. 56. NRS 119A.532 is hereby amended to read as follows:
119A.532 1. A person who wishes to engage in the business
of, act in the capacity of, advertise or assume to act as a manager
shall register with the Division on a form prescribed by the
Division.
2. The form for registration must include, without limitation:
(a) The registered name of the time-share plan or the project, or
both, that the manager will manage;
(b) The address and telephone number of the manager’s
principal place of business;
(c) The social security number of the manager; and
(d) The name of the manager’s responsible managing employee.
3. The form for registration must be accompanied by:
(a) Satisfactory evidence, acceptable to the Division, that the
manager and his employees have obtained fidelity bonds in
accordance with regulations adopted by the Division; and
(b) The statement required pursuant to NRS 119A.263.
4. The Division [may collect a fee for registering a manager in
an amount not to exceed the administrative costs of] shall collect
the fee specified in NRS 119A.360 upon registering the manager[.]
and annually thereafter to maintain the registration.
5. As used in this section, “responsible managing employee”
means the person designated by the manager to:
(a) Make technical and administrative decisions in connection
with the manager’s business; and
(b) Hire, superintend, promote, transfer, lay off, discipline or
discharge other employees or recommend such action on behalf of
the manager.
Sec. 57. Chapter 119B of NRS is hereby amended by adding
thereto the provisions set forth as sections 58 to 61, inclusive, of this
act.
Sec. 58. “Division” means the Real Estate Division of the
Department of Business and Industry.
Sec. 59. 1. The Administrator may adopt regulations which
establish procedures for the Division to conduct business
electronically pursuant to title 59 of NRS with persons who are
regulated pursuant to this chapter and with any other persons with
whom the Division conducts business. The regulations may
include, without limitation, the establishment of fees to pay the
costs of conducting business electronically with the Division.
2. In addition to the process authorized by NRS 719.280, if
the Division is conducting business electronically with a person
and a law requires a signature or record to be notarized,
acknowledged, verified or made under oath, the Division may
allow the person to substitute a declaration that complies with the
provisions of NRS 53.045 to satisfy the legal requirement.
3. The Division may refuse to conduct business electronically
with a person who has failed to pay money which the person owes
to the Division.
Sec. 60. In addition to any other remedy or penalty, the
Administrator may:
1. Refuse to issue a permit to a person who has failed to pay
money which the person owes to the Division.
2. Refuse to renew, or suspend or revoke, the permit of a
person who has failed to pay money which the person owes to the
Division.
Sec. 61. 1. In addition to any other remedy or penalty, the
Administrator may impose an administrative fine against any
person who knowingly:
(a) Engages or offers to engage in any activity for which a
permit or any type of authorization is required pursuant to this
chapter, or any regulation adopted pursuant thereto, if the person
does not hold the required permit or has not been given the
required authorization; or
(b) Assists or offers to assist another person to commit a
violation described in paragraph (a).
2. If the Administrator imposes an administrative fine against
a person pursuant to this section, the amount of the administrative
fine may not exceed the amount of any gain or economic benefit
that the person derived from the violation or $5,000, whichever
amount is greater.
3. In determining the appropriate amount of the
administrative fine, the Administrator shall consider:
(a) The severity of the violation and the degree of any harm
that the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit
that the person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Administrator
deems to be relevant.
4. Before the Administrator may impose the administrative
fine, the Administrator must provide the person with notice and an
opportunity to be heard.
5. The person is entitled to judicial review of the decision of
the Administrator in the manner provided by chapter 233B of
NRS.
6. The provisions of this section do not apply to a person who
engages or offers to engage in activities within the purview of this
chapter if:
(a) A specific statute exempts the person from complying with
the provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption
while engaging or offering to engage in those activities.
Sec. 62. NRS 119B.010 is hereby amended to read as follows:
119B.010 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 119B.020 to
119B.100, inclusive, and section 58 of this act have the meanings
ascribed to them in those sections.
Sec. 63. NRS 119B.210 is hereby amended to read as follows:
119B.210 1. The Administrator shall collect the following
fees at such times and upon such conditions as he may provide by
regulation:
For an initial permit to sell memberships in a
campground.......................................... $500
For each renewal of a permit................. 500
For each amendment to a public offering
statement after the issuance of the report[100] 150
[Application fee] For each application for the
registration of a representative......... [65] 85
For each renewal of the registration of a
representative.................................... [65] 85
For each transfer of [a] the registration of a
representative to a different developer or location 20
For [reinstatement] each penalty for a late
renewal of the registration of a representative [25] 40
For each change of name or address.... 20
2. Each developer shall pay an additional fee for each
membership he sells in a campground in which more than 50
memberships are available pursuant to the following schedule:
Amount to be
Number of memberships paid per membership
51—250.......................................... $5.00
251—500............................................. 4.00
501—750............................................. 3.00
751—1500............................................. 2.50
over 1500............................................. 1.00
3. The Administrator may reduce the fees established by this
section if the reduction is equitable in relation to the costs of
carrying out the provisions of this chapter.
Sec. 64. NRS 645.849 is hereby repealed.
Sec. 65. 1. This act becomes effective on July 1, 2003.
2. Sections 11, 17, 25, 53, 54 and 56 of this act expire by
limitation on the date on which the provisions of 42 U.S.C. § 666
requiring each state to establish procedures under which the state
has authority to withhold or suspend, or to restrict the use of
professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to
a proceeding to determine the paternity of a child or to establish or
enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more
children,
are repealed by the Congress of the United States.
20~~~~~03