Assembly Bill No. 220–Committee on Commerce and Labor
(On Behalf of the Contractors’ Board)
February 28, 2003
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes to provisions governing contractors. (BDR 54‑502)
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.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to contractors; requiring an applicant for a contractor’s license to establish his financial responsibility under certain circumstances; providing for the confidentiality of certain information compiled as a result of an investigation conducted by the State Contractors’ Board; authorizing the Board to require a criminal investigator employed by the Board to conduct a background investigation of an applicant for employment with the Board; prohibiting the Board from issuing a private reprimand to a licensee; prohibiting a person from receiving money for the purpose of obtaining or paying for services, labor, materials or equipment under certain circumstances; authorizing a district court in a proceeding for a judicial review of a final decision of the Board to dismiss an agency or person from the proceeding under certain circumstances; expanding the circumstances under which a criminal investigator employed by the Board may exercise the powers of a peace officer; 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:
2-1 Section 1. Chapter 624 of NRS is hereby amended by adding
2-2 thereto the provisions set forth as sections 2 to 6, inclusive, of this
2-3 act.
2-4 Sec. 2. As used in this chapter, unless the context otherwise
2-5 requires, the words and terms defined in NRS 624.010, 624.020
2-6 and section 3 of this act have the meanings ascribed to them in
2-7 those sections.
2-8 Sec. 3. “Construction control” has the meaning ascribed to it
2-9 in NRS 627.050.
2-10 Sec. 4. 1. In addition to any other requirements set forth in
2-11 this chapter, if an applicant will engage in residential construction
2-12 and the applicant or the natural person qualifying on behalf of the
2-13 applicant pursuant to NRS 624.260 has not held a contractor’s
2-14 license issued pursuant to this chapter within the 2 years
2-15 immediately preceding the date that the application is submitted to
2-16 the Board, the Board shall require the applicant to establish his
2-17 financial responsibility by submitting to the Board:
2-18 (a) A financial statement that is prepared by an independent
2-19 certified public accountant; and
2-20 (b) Any other information required by the Board.
2-21 2. Before the Board may issue a contractor’s license to the
2-22 applicant, the Board must determine whether, based on
2-23 the financial information concerning the applicant, it would be in
2-24 the public interest to do any or all of the following:
2-25 (a) Require the applicant to obtain the services of a
2-26 construction control with respect to any money that the applicant
2-27 requires a purchaser of a new residence to pay in advance to make
2-28 upgrades to the new residence. If the Board imposes such a
2-29 requirement, the applicant may not:
2-30 (1) Be related to the construction control or to an employee
2-31 or agent of the construction control; or
2-32 (2) Hold, directly or indirectly, a financial interest in the
2-33 business of the construction control.
2-34 (b) Establish an aggregate monetary limit on the contractor’s
2-35 license, which must be the maximum combined monetary limit on
2-36 all contracts that the applicant may undertake or perform as a
2-37 licensed contractor at any one time, regardless of the number of
2-38 contracts, construction sites, subdivision sites or clients. If the
2-39 Board establishes such a limit, the Board:
2-40 (1) Shall determine the period that the limit is in effect; and
2-41 (2) During that period, may increase or decrease the limit
2-42 as the Board deems appropriate.
2-43 3. If the Board issues a contractor’s license to an applicant
2-44 described in subsection 1, for the first 2 years after the issuance of
3-1 the license, the licensee must submit to the Board, with each
3-2 application for renewal of the license:
3-3 (a) A financial statement that is prepared by an independent
3-4 certified public accountant; and
3-5 (b) A statement setting forth the number of building permits
3-6 issued to and construction projects completed by the licensee
3-7 during the immediately preceding year and any other information
3-8 required by the Board. The statement submitted pursuant to this
3-9 paragraph must be provided on a form approved by the Board.
3-10 4. Before the Board may renew the contractor’s license of the
3-11 licensee, the Board must determine whether, based on
3-12 the financial information concerning the licensee, it would be in
3-13 the public interest to do any or all of the following:
3-14 (a) Require the licensee to obtain the services of a construction
3-15 control with respect to any money that the licensee requires a
3-16 purchaser of a new residence to pay in advance to make upgrades
3-17 to the new residence. If the Board imposes such a requirement, the
3-18 licensee may not:
3-19 (1) Be related to the construction control or to an employee
3-20 or agent of the construction control; or
3-21 (2) Hold, directly or indirectly, a financial interest in the
3-22 business of the construction control.
3-23 (b) Establish an aggregate monetary limit on the contractor’s
3-24 license, which must be the maximum combined monetary limit on
3-25 all contracts that the licensee may undertake or perform as a
3-26 licensed contractor at any one time, regardless of the number of
3-27 contracts, construction sites, subdivision sites or clients. If the
3-28 Board establishes such a limit, the Board:
3-29 (1) Shall determine the period that the limit is in effect; and
3-30 (2) During that period, may increase or decrease the limit
3-31 as the Board deems appropriate.
3-32 Sec. 5. 1. In addition to any other requirements set forth in
3-33 this chapter, if an investigation is conducted against a licensee
3-34 and the Board determines that there is cause to proceed with a
3-35 formal disciplinary proceeding against the licensee, the Board
3-36 shall require the licensee to submit to the Board:
3-37 (a) A financial statement that is prepared by an independent
3-38 certified public accountant; and
3-39 (b) A statement setting forth the number of building permits
3-40 issued to and construction projects completed by the licensee
3-41 during the immediately preceding year and any other information
3-42 required by the Board. The statement submitted pursuant to this
3-43 paragraph must be provided on a form approved by the Board.
3-44 2. After providing the licensee with notice and an opportunity
3-45 to be heard, the Board must determine whether, based on the
4-1 financial information concerning the licensee, it would be in the
4-2 public interest to do any or all of the following:
4-3 (a) Require the licensee to obtain the services of a construction
4-4 control with respect to any money that the licensee requires a
4-5 purchaser of a new residence to pay in advance to make upgrades
4-6 to the new residence. If the Board imposes such a requirement, the
4-7 licensee may not:
4-8 (1) Be related to the construction control or to an employee
4-9 or agent of the construction control; or
4-10 (2) Hold, directly or indirectly, a financial interest in the
4-11 business of the construction control.
4-12 (b) Establish an aggregate monetary limit on the contractor’s
4-13 license, which must be the maximum combined monetary limit on
4-14 all contracts that the licensee may undertake or perform as a
4-15 licensed contractor at any one time, regardless of the number of
4-16 contracts, construction sites, subdivision sites or clients. If the
4-17 Board establishes such a limit, the Board:
4-18 (1) Shall determine the period that the limit is in effect; and
4-19 (2) During that period, may increase or decrease the limit
4-20 as the Board deems appropriate.
4-21 3. The provisions of this section do not limit the authority of
4-22 the Board to take disciplinary action against the licensee.
4-23 Sec. 6. 1. Except as otherwise provided in this section, a
4-24 complaint filed with the Board, all documents and other
4-25 information filed with the complaint and all documents and other
4-26 information compiled as a result of the investigation conducted to
4-27 determine whether to initiate disciplinary action are confidential.
4-28 2. The complaint or other document filed by the Board to
4-29 initiate disciplinary action and all documents and information
4-30 considered by the Board when determining whether to impose
4-31 discipline are public records.
4-32 Sec. 7. NRS 624.010 is hereby amended to read as follows:
4-33 624.010 [As used in this chapter,] “Board” means the State
4-34 Contractors’ Board.
4-35 Sec. 8. NRS 624.020 is hereby amended to read as follows:
4-36 624.020 [For the purposes of this chapter, unless the context
4-37 otherwise requires:]
4-38 1. “Contractor” is synonymous with “builder.”
4-39 2. A contractor is any person, except a registered architect or a
4-40 licensed professional engineer, acting solely in his professional
4-41 capacity, who in any capacity other than as the employee of another
4-42 with wages as the sole compensation, undertakes to, offers to
4-43 undertake to, purports to have the capacity to undertake to, or
4-44 submits a bid to, or does himself or by or through others, construct,
4-45 alter, repair, add to, subtract from, improve, move, wreck or
5-1 demolish any building, highway, road, railroad, excavation or other
5-2 structure, project, development or improvement, or to do any part
5-3 thereof, including the erection of scaffolding or other structures or
5-4 works in connection therewith. Evidence of the securing of any
5-5 permit from a governmental agency or the employment of any
5-6 person on a construction project must be accepted by the Board or
5-7 any court of this state as prima facie evidence that the person
5-8 securing that permit or employing any person on a construction
5-9 project is acting in the capacity of a contractor pursuant to the
5-10 provisions of this chapter.
5-11 3. A contractor includes a subcontractor or specialty contractor,
5-12 but does not include anyone who merely furnishes materials or
5-13 supplies without fabricating them into, or consuming them in the
5-14 performance of, the work of a contractor.
5-15 4. A contractor includes a construction manager who performs
5-16 management and counseling services on a construction project for a
5-17 professional fee.
5-18 Sec. 9. NRS 624.110 is hereby amended to read as follows:
5-19 624.110 1. The Board may maintain offices in as many
5-20 localities in the State as it finds necessary to carry out the provisions
5-21 of this chapter, but it shall maintain one office in which there must
5-22 be at all times open to public inspection a complete record of
5-23 applications, licenses issued, licenses renewed and all revocations,
5-24 cancellations and suspensions of licenses.
5-25 2. [Credit] Except as otherwise required in section 6 of this
5-26 act, credit reports, references, [investigative memoranda,] financial
5-27 information and data pertaining to a licensee’s net worth are
5-28 confidential and not open to public inspection.
5-29 Sec. 10. NRS 624.115 is hereby amended to read as follows:
5-30 624.115 1. The Board may employ attorneys, investigators
5-31 and other professional consultants and clerical personnel necessary
5-32 to the discharge of its duties.
5-33 2. The Board may require criminal investigators who are
5-34 employed by the Board pursuant to NRS 624.112 to:
5-35 (a) Conduct a background investigation of [a] :
5-36 (1) A license or an applicant for a contractor’s license; or
5-37 (2) An applicant for employment with the Board;
5-38 (b) Locate and identify persons who:
5-39 (1) Engage in the business or act in the capacity of a
5-40 contractor within this state in violation of the provisions of this
5-41 chapter;
5-42 (2) Submit bids on jobs situated within this state in violation
5-43 of the provisions of this chapter; or
5-44 (3) Otherwise violate the provisions of this chapter or the
5-45 regulations adopted pursuant to this chapter; [and]
6-1 (c) Investigate any alleged occurrence of constructional fraud;
6-2 and
6-3 (d) Issue a misdemeanor citation prepared manually or
6-4 electronically pursuant to NRS 171.1773 to a person who violates a
6-5 provision of this chapter that is punishable as a misdemeanor. A
6-6 criminal investigator may request any constable, sheriff or other
6-7 peace officer to assist him in the issuance of such a citation.
6-8 Sec. 11. NRS 624.165 is hereby amended to read as follows:
6-9 624.165 1. The Board shall:
6-10 (a) Designate one or more of its employees for the investigation
6-11 of constructional fraud;
6-12 (b) Cooperate with other local, state or federal investigative and
6-13 law enforcement agencies, and the Attorney General;
6-14 (c) Assist the Attorney General or any official of an
6-15 investigative or a law enforcement agency of this state, any other
6-16 state or the Federal Government who requests assistance in
6-17 investigating any act of constructional fraud; and
6-18 (d) Furnish to those officials any information concerning its
6-19 investigation or report on any act of constructional fraud.
6-20 2. The Board may obtain records of a law enforcement agency
6-21 or any other agency that maintains records of criminal history,
6-22 including, without limitation, records of:
6-23 (a) Arrests;
6-24 (b) Guilty pleas;
6-25 (c) Sentencing;
6-26 (d) Probation;
6-27 (e) Parole;
6-28 (f) Bail;
6-29 (g) Complaints; and
6-30 (h) Final dispositions,
6-31 for the investigation of constructional fraud.
6-32 3. For the purposes of this section, constructional fraud occurs
6-33 if a person engaged in construction knowingly:
6-34 (a) Misapplies money under the circumstances described in
6-35 NRS 205.310;
6-36 (b) Obtains money, property or labor by false pretense as
6-37 described in NRS 205.380;
6-38 (c) Receives payments and fails to state his own true name, or
6-39 states a false name, contractor’s license number, address or
6-40 telephone number of the person offering a service;
6-41 (d) [Commits] Diverts money or commits any act of theft,
6-42 forgery, fraud or embezzlement, in connection with a construction
6-43 project, that violates a criminal statute of this state;
6-44 (e) Acts as a contractor without:
7-1 (1) Possessing a contractor’s license issued pursuant to this
7-2 chapter; or
7-3 (2) Possessing any other license required by this state or a
7-4 political subdivision of this state; or
7-5 (f) Otherwise fails to disclose a material fact.
7-6 Sec. 12. NRS 624.300 is hereby amended to read as follows:
7-7 624.300 1. Except as otherwise provided in subsection 3, the
7-8 Board may:
7-9 (a) Suspend or revoke licenses already issued;
7-10 (b) Refuse renewals of licenses;
7-11 (c) Impose limits on the field, scope and monetary limit of the
7-12 license;
7-13 (d) Impose an administrative fine of not more than $10,000;
7-14 (e) Order a licensee to repay to the account established pursuant
7-15 to NRS 624.470, any amount paid out of the account pursuant to
7-16 NRS 624.510 as a result of an act or omission of that licensee;
7-17 (f) Order the licensee to take action to correct a condition
7-18 resulting from an act which constitutes a cause for disciplinary
7-19 action, at the licensee’s cost, that may consist of requiring the
7-20 licensee to:
7-21 (1) Perform the corrective work himself;
7-22 (2) Hire and pay another licensee to perform the corrective
7-23 work; or
7-24 (3) Pay to the owner of the construction project a specified
7-25 sum to correct the condition; or
7-26 (g) [Reprimand] Issue a public reprimand or take other less
7-27 severe disciplinary action, including, without limitation, increasing
7-28 the amount of the surety bond or cash deposit of the
7-29 licensee,
7-30 if the licensee commits any act which constitutes a cause for
7-31 disciplinary action.
7-32 2. If the Board suspends or revokes the license of a contractor
7-33 for failure to establish financial responsibility, the Board may, in
7-34 addition to any other conditions for reinstating or renewing the
7-35 license, require that each contract undertaken by the licensee for a
7-36 period to be designated by the Board, not to exceed 12 months, be
7-37 separately covered by a bond or bonds approved by the Board and
7-38 conditioned upon the performance of and the payment of labor and
7-39 materials required by the contract.
7-40 3. If a licensee violates the provisions of NRS 624.3014 or
7-41 subsection 3 of NRS 624.3015, the Board may impose an
7-42 administrative fine of not more than $20,000.
7-43 4. If a licensee commits a fraudulent act which is a cause for
7-44 disciplinary action under NRS 624.3016, the correction of any
8-1 condition resulting from the act does not preclude the Board from
8-2 taking disciplinary action.
8-3 5. If the Board finds that a licensee has engaged in repeated
8-4 acts that would be cause for disciplinary action, the correction of
8-5 any resulting conditions does not preclude the Board from taking
8-6 disciplinary action pursuant to this section.
8-7 6. The expiration of a license by operation of law or by order
8-8 or decision of the Board or a court, or the voluntary surrender of a
8-9 license by a licensee, does not deprive the Board of jurisdiction to
8-10 proceed with any investigation of, or action or disciplinary
8-11 proceeding against, the licensee or to render a decision suspending
8-12 or revoking the license.
8-13 7. If discipline is imposed pursuant to this section, including
8-14 any discipline imposed pursuant to a stipulated settlement, the costs
8-15 of the proceeding, including investigative costs and attorney’s fees,
8-16 may be recovered by the Board.
8-17 8. The Board shall not issue a private reprimand to a
8-18 licensee.
8-19 9. An order that imposes discipline and the findings of fact
8-20 and conclusions of law supporting that order are public records.
8-21 10. All fines collected pursuant to this section must be
8-22 deposited with the State Treasurer for credit to the Construction
8-23 Education Account created pursuant to NRS 624.580.
8-24 Sec. 13. NRS 624.335 is hereby amended to read as follows:
8-25 624.335 1. The Investigations Office of the Board shall:
8-26 (a) Upon the receipt of a complaint against a licensee, initiate an
8-27 investigation of the complaint.
8-28 (b) Within 10 days after receiving such a complaint, notify the
8-29 licensee and, if known, the person making the complaint of the
8-30 initiation of the investigation, and provide a copy of the complaint
8-31 to the licensee.
8-32 (c) Upon the completion of its investigation of a complaint,
8-33 provide the licensee and, if known, the person making the complaint
8-34 with written notification of any action taken on the complaint and
8-35 the reasons for taking that action.
8-36 2. The Investigations Office of the Board may attempt to
8-37 resolve the complaint by:
8-38 (a) Meeting and conferring with the licensee and the person
8-39 making the complaint; and
8-40 (b) Requesting the licensee to provide appropriate relief.
8-41 3. If the subject matter of the complaint is not within the
8-42 jurisdiction of the Board, [or if the Board or the Investigations
8-43 Office is unable to resolve the complaint after exhausting all
8-44 reasonable remedies and methods of resolution,] the Board or its
8-45 designee [shall:] may:
9-1 (a) Forward the complaint, together with any evidence or other
9-2 information in the possession of the Board concerning the
9-3 complaint, to any public or private agency which, in the opinion of
9-4 the Board, would be effective in resolving the complaint; and
9-5 (b) Notify the person making the complaint of its action
9-6 pursuant to paragraph (a) and of any other procedures which may be
9-7 available to resolve the complaint.
9-8 Sec. 14. NRS 624.470 is hereby amended to read as follows:
9-9 624.470 1. Except as otherwise provided in subsection 3, in
9-10 addition to the annual fee for a license required pursuant to NRS
9-11 624.280, a residential contractor shall pay to the Board an annual
9-12 assessment [in] not to exceed the following amount, if the monetary
9-13 limit on his license is:
9-14 Not more than $1,000,000............... $100
9-15 More than $1,000,000 but limited..... 250
9-16 Unlimited............................................. 500
9-17 2. The Board shall administer and account separately for the
9-18 money received from the annual assessments collected pursuant to
9-19 subsection 1. The Board may refer to the money in the account as
9-20 the “Recovery Fund.”
9-21 3. The Board shall [suspend the collection of] reduce the
9-22 amount of the assessments collected pursuant to subsection 1 when
9-23 the balance in the account reaches 150 percent of the largest balance
9-24 in the account during the previous fiscal year.
9-25 4. Except as otherwise provided in NRS 624.540, the money in
9-26 the account must be used to pay claims made by owners who are
9-27 damaged by the failure of a residential contractor to perform
9-28 qualified services adequately, as provided in NRS 624.400 to
9-29 624.560, inclusive.
9-30 Sec. 15. NRS 624.750 is hereby amended to read as follows:
9-31 624.750 1. It is unlawful for a person to commit any act or
9-32 omission described in subsection 1 of NRS 624.3012, subsection 2
9-33 of NRS 624.3013, NRS 624.3014 or subsection 1, 3 or 7 of
9-34 NRS 624.3016.
9-35 2. Unless a greater penalty is otherwise provided by a specific
9-36 statute, any person who violates subsection 1, NRS 624.305,
9-37 subsection 1 of NRS 624.700 or NRS 624.720 or 624.740:
9-38 (a) For a first offense, is guilty of a misdemeanor and shall be
9-39 punished by a fine of not more than $1,000, and may be further
9-40 punished by imprisonment in the county jail for not more than 6
9-41 months.
9-42 (b) For the second offense, is guilty of a gross misdemeanor and
9-43 shall be punished by a fine of not less than $2,000 nor more than
10-1 $4,000, and may be further punished by imprisonment in the county
10-2 jail for not more than 1 year.
10-3 (c) For the third or subsequent offense, is guilty of a [class]
10-4 category E felony and shall be punished by a fine of not less than
10-5 $5,000 nor more than $10,000 and may be further punished by
10-6 imprisonment in the state prison for not less than 1 year and not
10-7 more than 4 years.
10-8 3. It is unlawful for a person to receive money for the
10-9 purpose of obtaining or paying for services, labor, materials or
10-10 equipment if the person:
10-11 (a) Willfully fails to use that money for that purpose by failing
10-12 to complete the improvements for which the person received the
10-13 money or by failing to pay for any services, labor, materials or
10-14 equipment provided for that construction; and
10-15 (b) Wrongfully diverts that money to a use other than that for
10-16 which it was received.
10-17 4. Unless a greater penalty is otherwise provided by a specific
10-18 statute, any person who violates subsection 3:
10-19 (a) If the amount of money wrongfully diverted is $1,000 or
10-20 less, is guilty of a gross misdemeanor and shall be punished by a
10-21 fine of not more than $2,000 nor more than $4,000, and may be
10-22 further punished by imprisonment in the county jail for not more
10-23 than 1 year.
10-24 (b) If the amount of money wrongfully diverted is more than
10-25 $1,000, is guilty of a category E felony and shall be punished by a
10-26 fine of not less than $5,000 nor more than $10,000, and may be
10-27 further punished by imprisonment in the state prison for not less
10-28 than 1 year and not more than 4 years.
10-29 5. Imposition of a penalty provided for in this section is not
10-30 precluded by any disciplinary action taken by the Board against a
10-31 contractor pursuant to the provisions of NRS 624.300 to 624.305,
10-32 inclusive.
10-33 Sec. 16. NRS 627.175 is hereby amended to read as follows:
10-34 627.175 1. Except as otherwise provided in subsection 2, the
10-35 following shall not be a construction control or subject to the
10-36 provisions of this chapter:
10-37 (a) A contractor licensed under the laws of the State of Nevada,
10-38 paying a subcontractor, supplier of material, laborer or other person
10-39 for bills incurred in the construction, repair, alteration or
10-40 improvement of any premises.
10-41 (b) A subcontractor licensed to do business under the laws of the
10-42 State of Nevada, paying a subcontractor, supplier of material,
10-43 laborer or other person for bills incurred in the construction, repair,
10-44 alteration or improvement of any premises.
11-1 (c) An owner-contractor paying a contractor, subcontractor,
11-2 supplier of material, laborer or other person for bills incurred in the
11-3 construction, repair, alteration or improvement of any premises.
11-4 (d) A lender of construction loan money, provided that he
11-5 disburses the money directly to a contractor authorized by the
11-6 borrower to do the work, or disburses the money directly to the
11-7 owner of the premises.
11-8 (e) A lender of construction loan money, to an owner of a
11-9 residential property or to an owner of not more than four units if the
11-10 loan is made to repair or improve such property and the construction
11-11 costs are $10,000 or less, or 35 percent of the appraised value of the
11-12 improvements and repairs, whichever is greater.
11-13 2. The provisions of this chapter apply to a contractor who is
11-14 required to obtain the services of a construction control pursuant to
11-15 the provisions of NRS 597.7196 [.] or section 4 or 5 of this act.
11-16 Sec. 17. NRS 233B.130 is hereby amended to read as follows:
11-17 233B.130 1. Any party who is:
11-18 (a) Identified as a party of record by an agency in an
11-19 administrative proceeding; and
11-20 (b) Aggrieved by a final decision in a contested case,
11-21 is entitled to judicial review of the decision. Where appeal is
11-22 provided within an agency, only the decision at the highest level is
11-23 reviewable unless a decision made at a lower level in the agency
11-24 is made final by statute. Any preliminary, procedural or intermediate
11-25 act or ruling by an agency in a contested case is reviewable if review
11-26 of the final decision of the agency would not provide an adequate
11-27 remedy.
11-28 2. Petitions for judicial review must:
11-29 (a) Name as respondents the agency and all parties of record to
11-30 the administrative proceeding;
11-31 (b) Be instituted by filing a petition in the district court in and
11-32 for Carson City, in and for the county in which the aggrieved party
11-33 resides or in and for the county where the agency proceeding
11-34 occurred; and
11-35 (c) Be filed within 30 days after service of the final decision of
11-36 the agency.
11-37 Cross-petitions for judicial review must be filed within 10 days
11-38 after service of a petition for judicial review.
11-39 3. The agency and any party desiring to participate in the
11-40 judicial review must file a statement of intent to participate in the
11-41 petition for judicial review and serve the statement upon the agency
11-42 and every party within 20 days after service of the petition.
11-43 4. A petition for rehearing or reconsideration must be filed
11-44 within 15 days after the date of service of the final decision. An
11-45 order granting or denying the petition must be served on all parties
12-1 at least 5 days before the expiration of the time for filing the petition
12-2 for judicial review. If the petition is granted, the subsequent order
12-3 shall be deemed the final order for the purpose of judicial review.
12-4 5. The petition for judicial review and any cross-petitions for
12-5 judicial review must be served upon the agency and every party
12-6 within 45 days after the filing of the petition, unless, upon a
12-7 showing of good cause, the district court extends the time for such
12-8 service. If the proceeding involves a petition for judicial review or
12-9 cross-petition for judicial review of a final decision of the State
12-10 Contractors’ Board, the district court may, on its own motion or
12-11 the motion of a party, dismiss from the proceeding any agency
12-12 or person who:
12-13 (a) Is named as a party in the petition for judicial review or
12-14 cross-petition for judicial review; and
12-15 (b) Was not a party to the administrative proceeding for which
12-16 the petition for judicial review or cross-petition for judicial review
12-17 was filed.
12-18 6. The provisions of this chapter are the exclusive means of
12-19 judicial review of, or judicial action concerning , a final decision in
12-20 a contested case involving an agency to which this chapter applies.
12-21 Sec. 18. NRS 289.300 is hereby amended to read as follows:
12-22 289.300 1. A person employed as an investigator by the
12-23 Private Investigator’s Licensing Board pursuant to NRS 648.025 has
12-24 the powers of a peace officer.
12-25 2. A person employed as a criminal investigator by the State
12-26 Contractors’ Board pursuant to NRS 624.112 has the powers of a
12-27 peace officer to carry out his duties pursuant to subsection 2 of NRS
12-28 624.115 . [, for the limited purpose of obtaining and exchanging
12-29 information on persons who hold a contractor’s license or are
12-30 applying for a contractor’s license.]
12-31 Sec. 19. This act becomes effective upon passage and
12-32 approval.
12-33 H