NRS: CHAPTER 628B - PRIVATE PROFESSIONAL GUARDIANS

[Rev. 6/29/2024 4:44:03 PM--2023]

CHAPTER 628B - PRIVATE PROFESSIONAL GUARDIANS

GENERAL PROVISIONS

NRS 628B.010 Legislative findings and declarations.

NRS 628B.020 Definitions.

NRS 628B.030 “Business of a private professional guardian” defined.

NRS 628B.040 “Commissioner” defined.

NRS 628B.050 “Director” defined.

NRS 628B.060 “Division” defined.

NRS 628B.070 “Fiduciary” defined.

NRS 628B.075 “Nationwide Multistate Licensing System and Registry” and “Registry” defined.

NRS 628B.080 “Private professional guardian” defined.

NRS 628B.090 “Private professional guardian company” defined.

NRS 628B.100 “Protected person” defined.

NRS 628B.110 Applicability of chapter.

ADMINISTRATION

NRS 628B.200 Administration and enforcement of chapter by Commissioner.

NRS 628B.210 Regulations.

NRS 628B.220 Maintenance by Commissioner of record of applications for licenses, bonds and issued and renewed licenses.

NRS 628B.230 Confidentiality of application, personal or financial records and documents obtained pursuant to examination or in response to subpoena; disclosure.

LICENSES

NRS 628B.300 Engaging in business without license unlawful.

NRS 628B.310 Application for license: Requirements; fees; withdrawal; regulations.

NRS 628B.315 Submission of fingerprints; fee; regulations.

NRS 628B.320 Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 628B.320 Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Commissioner. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 628B.330 Investigation of applicant; factors for consideration in Commissioner’s decision on application.

NRS 628B.340 Approval of application.

NRS 628B.350 Denial of application; opportunity to cure defect or deficiency; notice and hearing; final order for purposes of judicial review.

NRS 628B.360 Issuance of license; contents of license.

NRS 628B.370 Expiration and renewal of license; fees; cancellation and reinstatement; regulations.

NRS 628B.380 License not transferable or assignable; authority to merge or consolidate with, or transfer assets and control to other licensee with approval of Commissioner; report of certain changes to Commissioner; approval of Commissioner; cost of investigation.

NRS 628B.390 Cancellation of license for discontinuance of business: Submission of evidence of release and discharge of obligations; entry of order; provision of copy of order to district courts.

NATIONWIDE MULTISTATE LICENSING SYSTEM AND REGISTRY

NRS 628B.450 Commissioner authorized to take action to participate; charges for use; regulations; provisions do not replace or affect authority of Commissioner regarding licensing.

NRS 628B.460 Submission and processing of fingerprints.

NRS 628B.470 Commissioner required to report certain information or material; confidentiality of information or material provided; Commissioner authorized to enter into certain agreements and arrangements.

NRS 628B.480 Additional materials required to be submitted.

NRS 628B.490 Licensee required to register and maintain unique identifier; Commissioner authorized to issue license through Registry; references to Commissioner deemed references to Registry.

REGULATION OF PRACTICE

NRS 628B.500 Scope of authority.

NRS 628B.510 Display of license.

NRS 628B.520 Duty to maintain principal office in State; requirements.

NRS 628B.530 Foreign branch offices of licensees and branch offices of foreign private professional guardian companies: Approval required; fees.

NRS 628B.540 Bonds; insurance.

NRS 628B.550 Fiduciary duty; prohibited transactions or interests; voidable transactions; additional remedies; appointment and review of guardianships; filing of reports with court.

NRS 628B.560 Requirements for guardianship accounts for protected persons; recordkeeping requirements; examination of records and accounts by Commissioner; authority of Commissioner to require submission of audited financial statement and to issue subpoenas; fee for examination.

NRS 628B.570 Written report of examination of accounts and records: Preparation; contents.

NRS 628B.580 Written report of examination of accounts and records: Distribution; notice of conditions to be corrected; service of copy to court.

NRS 628B.590 Authority of Commissioner to require licensee to submit annual financial statement or audit; annual submission of ledger of stockholders or list of members and managers; fee for noncompliance; submission of more frequent reports; regulations.

NRS 628B.600 Authority of Commissioner to require immediate removal of officer, director, manager or employee; grounds; appeal; notice and hearing; entry of order; final order for purposes of judicial review.

DISCIPLINARY AND OTHER ACTIONS

NRS 628B.700 Authorized actions of Commissioner; grounds.

NRS 628B.710 Immediate suspension of license: Grounds; procedure; provision of copy of order to district courts.

NRS 628B.720 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 628B.730 Revocation or suspension of license: Notice and hearing; grounds; action by Commissioner after hearing; provision of copy of order to district courts.

NRS 628B.740 Revocation of license for failure to open or maintain business; provision of copy of order to district courts.

NRS 628B.750 Alleged violations by licensee: Complaint; investigation; provision of copy and notice of informal hearing to subject and Attorney General; verified answer; action by Commissioner after informal hearing.

NRS 628B.760 Records of Commissioner: Certain records relating to complaint and investigation deemed confidential; certain records relating to disciplinary action deemed public records.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 628B.900 Knowing or willful neglect to perform required act or duty or failure to satisfy material lawful requirement made by Commissioner; penalty.

NRS 628B.910 Administrative fines; limitation.

NRS 628B.920 Use of term “private professional guardian” or “guardianship services” as part of business name or in advertising by unlicensed person prohibited.

NRS 628B.930 Unlicensed activity: Complaint; investigation; order to cease and desist; administrative fine or written agreement to cease and desist; lawsuit to recover fine; cumulative penalty.

NRS 628B.940 Violation or potential violation of chapter: Order to cease and desist or refrain; injunctive action; appointment and duties of receiver of impounded property or business.

_________

GENERAL PROVISIONS

NRS 628B.010 Legislative findings and declarations. The Legislature finds and declares that:

1. There exists in this State a need, in order to provide for the protection of the public interest, to regulate entities engaged in the business of private professional guardians and persons employed by such entities.

2. Entities engaging in the business of private professional guardians must be licensed and regulated in such a manner as to promote advantages and convenience for the public while protecting the public interest.

3. It is the purpose of this chapter to bring under public supervision entities that are engaged in or desire to engage in the business of a private professional guardian and to ensure that there is established in this State an adequate, efficient and competitive private professional guardian service available to the courts and the public at large.

(Added to NRS by 2015, 2344; A 2017, 2425)

NRS 628B.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 628B.030 to 628B.100, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2015, 2344; A 2021, 2056)

NRS 628B.030 “Business of a private professional guardian” defined. “Business of a private professional guardian” means the holding out by an entity, through advertising, solicitation or other means, that the entity or a person employed by the entity is available to act for compensation as a private professional guardian.

(Added to NRS by 2015, 2344; A 2017, 2425)

NRS 628B.040 “Commissioner” defined. “Commissioner” means the Commissioner of Financial Institutions.

(Added to NRS by 2015, 2345)

NRS 628B.050 “Director” defined. “Director” means the Director of the Department of Business and Industry.

(Added to NRS by 2015, 2345)

NRS 628B.060 “Division” defined. “Division” means the Division of Financial Institutions of the Department of Business and Industry.

(Added to NRS by 2015, 2345)

NRS 628B.070 “Fiduciary” defined. “Fiduciary” means a person who has the power and authority to act for a beneficiary under circumstances requiring trust, good faith and honesty.

(Added to NRS by 2015, 2345)

NRS 628B.075 “Nationwide Multistate Licensing System and Registry” and “Registry” defined. “Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in NRS 604A.083.

(Added to NRS by 2021, 2054)

NRS 628B.080 “Private professional guardian” defined.

1. “Private professional guardian” has the meaning ascribed to it in NRS 159.024 and 159A.024.

2. For the purposes of this chapter, the term does not include an entity that serves as a private professional guardian but is exempt pursuant to NRS 159.0595, 159A.0595 or 628B.110 from the requirement to have a license issued pursuant to this chapter.

(Added to NRS by 2015, 2345; A 2017, 904, 2425)

NRS 628B.090 “Private professional guardian company” defined.

1. “Private professional guardian company” means a business entity, including, without limitation, a sole proprietorship, partnership, limited-liability company or corporation, that is licensed pursuant to the provisions of this chapter to engage in the business of a private professional guardian, whether appointed by a court or hired by a private party.

2. For the purposes of this chapter, the term does not include a business entity which engages in the business of a private professional guardian but which is exempt pursuant to NRS 159.0595, 159A.0595 or 628B.110 from the requirement to have a license issued pursuant to this chapter.

(Added to NRS by 2015, 2345; A 2017, 904, 2425)

NRS 628B.100 “Protected person” defined. “Protected person” has the meaning ascribed to it in NRS 159.0253 and 159A.0253.

(Added to NRS by 2015, 2345; A 2017, 905, 2571)

NRS 628B.110 Applicability of chapter. This chapter does not apply to a person who:

1. Is a public guardian or administrator appointed by the court;

2. Is a banking corporation as defined in NRS 657.016;

3. Is an organization permitted to act as a fiduciary pursuant to NRS 662.245;

4. Is a trust company as defined in NRS 669.070;

5. Is acting in the performance of his or her duties as an attorney at law;

6. Acts as a trustee under a deed of trust;

7. Acts as a fiduciary under a court trust; or

8. Acts as a fiduciary as an individual or a family member.

(Added to NRS by 2015, 2345)

ADMINISTRATION

NRS 628B.200 Administration and enforcement of chapter by Commissioner. The Commissioner shall administer and enforce the provisions of this chapter subject to the administrative supervision of the Director.

(Added to NRS by 2015, 2345)

NRS 628B.210 Regulations. The Commissioner may adopt regulations to carry out the provisions of this chapter.

(Added to NRS by 2015, 2345)

NRS 628B.220 Maintenance by Commissioner of record of applications for licenses, bonds and issued and renewed licenses.

1. The Commissioner shall maintain in the Office of the Commissioner, in a suitable record provided for that purpose, each application for a license and all bonds required to be filed pursuant to this chapter. The record must state the date of issuance or denial of the license and the date and nature of any action taken relating to an application.

2. Each license issued by the Commissioner must be sufficiently identified in the record.

3. Each renewal of a license must be recorded in the same manner as the original license, and the number of the preceding license issued must be recorded.

(Added to NRS by 2015, 2351)

NRS 628B.230 Confidentiality of application, personal or financial records and documents obtained pursuant to examination or in response to subpoena; disclosure. Except as otherwise provided in NRS 239.0115, any application and personal or financial records submitted to the Division pursuant to the provisions of this chapter and any personal or financial records or other documents obtained by the Division pursuant to an examination conducted by the Commissioner or his or her designee or in response to a subpoena are confidential and may be disclosed only to:

1. The Division, any authorized employee or representative of the Division and any state or federal agency investigating the activities covered under the provisions of this chapter; and

2. Any person if the Commissioner, in his or her discretion, determines that the interests of the public that would be protected by disclosure outweigh the interest of any person in the confidential information not being disclosed.

(Added to NRS by 2015, 2358)

LICENSES

NRS 628B.300 Engaging in business without license unlawful. It is unlawful for any person to engage in any activity relating to service as a private professional guardian, including, without limitation, engaging in the business of a private professional guardian, if the person does not meet the requirements set forth in NRS 159.0595.

(Added to NRS by 2015, 2345; A 2017, 2425)

NRS 628B.310 Application for license: Requirements; fees; withdrawal; regulations.

1. An applicant for a license to engage in the business of a private professional guardian in this State must file with the Commissioner an application on a form prescribed by the Commissioner, which must contain or be accompanied by such information as is required.

2. A nonrefundable fee of not more than $750 must accompany the application. The applicant must also pay such reasonable additional expenses incurred in the process of investigation as the Commissioner deems necessary.

3. The application must contain:

(a) The name of the applicant and the name under which the applicant does business or expects to do business, if different.

(b) The complete business and residence addresses of the applicant.

(d) The address of any location where business will be transacted.

(e) In the case of a firm or partnership, the full name and residence address of each member or partner and the manager.

(f) In the case of a corporation or voluntary association, the name and residence address of each director and officer and the manager.

(g) The name and residence address of each person who will be employed by the applicant as a private professional guardian pursuant to paragraph (a) of subsection 1 of NRS 159.0595.

(h) A statement by the applicant acknowledging that the applicant is required to comply with the provisions of NRS 159.0595 and 159A.0595 if issued a license.

(i) Any other information reasonably related to the applicant’s qualifications for the license which the Commissioner determines to be necessary.

4. Each application for a license must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant and each person who will be employed by the applicant as a private professional guardian pursuant to paragraph (a) of subsection 1 of NRS 159.0595.

5. If the applicant is a corporation or limited-liability company, the articles of incorporation or articles of organization must contain:

(a) The name adopted by the private professional guardian company, which must distinguish it from any other private professional guardian company formed or incorporated in this State or engaged in the business of a private professional guardian in this State; and

(b) The purpose for which it is formed.

6. The Commissioner shall deem an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is submitted to the Commissioner. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays the required fees.

7. The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section, subject to the following limitations:

(a) An initial fee of not more than $1,500 for a license to transact the business of a private professional guardian; and

(b) A fee of not more than $300 for each branch office that is authorized by the Commissioner.

8. All money received by the Commissioner pursuant to this section must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

(Added to NRS by 2015, 2346; A 2017, 905, 2426; 2021, 2056)

NRS 628B.315 Submission of fingerprints; fee; regulations.

1. Each natural person who acts in any capacity within a private professional guardian company shall, before acting in any such capacity and not less than once every 5 years thereafter, submit to the Commissioner a complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

2. The Division shall maintain a copy of all reports obtained pursuant to this section.

3. The Commissioner shall adopt regulations establishing the amount of any fee required to obtain a report pursuant to this section. All money received by the Commissioner must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

(Added to NRS by 2017, 2424)

1. In addition to any other requirements set forth in this chapter:

(a) An applicant for the issuance of a license to engage in the business of a private professional guardian shall include the social security number of the applicant or applicants in the application submitted to the Commissioner.

(b) An applicant for the issuance or renewal of a license to engage in the business of a private professional guardian shall submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Commissioner shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Commissioner.

3. A license may not be issued or renewed by the Commissioner if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 2015, 2347)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license to engage in the business of a private professional guardian shall submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Commissioner shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Commissioner.

3. A license may not be issued or renewed by the Commissioner if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(Added to NRS by 2015, 2347; A 2015, 2348, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 628B.330 Investigation of applicant; factors for consideration in Commissioner’s decision on application.

1. Within 90 days after the application for a license is filed, the Commissioner shall investigate the facts of the application and the other requirements of this chapter to determine:

(a) That each person who will serve as a sole proprietor, partner of a partnership, member of a limited-liability company or director or officer of a corporation, any person acting in a managerial capacity or in a capacity in which he or she is authorized to make discretionary decisions on behalf of the applicant and any person who will be employed by the applicant as a private professional guardian pursuant to paragraph (a) of subsection 1 of NRS 159.0595, as applicable:

(1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to engage in the business of a private professional guardian in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of those qualifications, including, without limitation, evidence that the applicant has passed an examination for private professional guardians specified by the Commissioner.

(2) Has not been convicted of, or entered a plea of guilty or nolo contendere to, a felony or any crime involving fraud, misrepresentation, material omission, misappropriation, conversion or moral turpitude.

(3) Has not made a false statement of material fact on the application.

(4) Has not been a sole proprietor or an officer or member of the board of directors for an entity whose license issued pursuant to the provisions of this chapter was suspended or revoked within the 10 years immediately preceding the date of the application if, in the reasonable judgment of the Commissioner, there is evidence that the sole proprietor, officer or member materially contributed to the actions resulting in the suspension or revocation of the license.

(5) Has not been a sole proprietor or an officer or member of the board of directors for an entity whose license as a private professional guardian company which was issued by any other state, district or territory of the United States or any foreign country was suspended or revoked within the 10 years immediately preceding the date of the application if, in the reasonable judgment of the Commissioner, there is evidence that the sole proprietor, officer or member materially contributed to the actions resulting in the suspension or revocation of the license.

(6) Has not violated any of the provisions of this chapter or any regulations adopted pursuant thereto.

(b) That the financial status of each sole proprietor, partner, member or director and officer of the corporation, each person acting in a managerial capacity or in a capacity in which he or she is authorized to make discretionary decisions on behalf of the applicant and each person who will be employed by the applicant as a private professional guardian pursuant to paragraph (a) of subsection 1 of NRS 159.0595 indicates fiscal responsibility consistent with his or her position.

(d) That, except as otherwise provided in NRS 628B.540, the initial surety bond is not less than the amount required by NRS 159.065 or 159A.065.

2. In rendering a decision on an application for a license, the Commissioner shall consider, without limitation:

(a) The proposed markets to be served and, if they extend outside this State, any exceptional risk, examination or supervision concerns associated with those markets;

(b) Whether the proposed organizational and equity structure and the amount of initial equity or fidelity and surety bonds of the applicant appear adequate in relation to the proposed business and markets, including, without limitation, the average level of assets under guardianship projected for each of the first 3 years of operation; and

(c) Whether the applicant has planned suitable annual audits conducted by qualified outside auditors of its books and records and its fiduciary activities under applicable accounting rules and standards as well as suitable internal audits.

(Added to NRS by 2015, 2349; A 2017, 906, 2427)

NRS 628B.340 Approval of application. The Commissioner shall approve the application for a license, keeping on file his or her findings of fact pertaining thereto, if the Commissioner finds that the applicant has met all the requirements of this chapter pertaining to the applicant’s qualifications and application.

(Added to NRS by 2015, 2350)

NRS 628B.350 Denial of application; opportunity to cure defect or deficiency; notice and hearing; final order for purposes of judicial review.

1. After conducting an investigation pursuant to NRS 628B.330, if the Commissioner finds grounds for the denial of the application, the Commissioner shall provide to the applicant written notice of such grounds by personal service or certified mail.

2. The applicant may cure any defect or deficiency in the application and, not more than 30 days after receipt of the notice pursuant to subsection 1, resubmit the application for approval.

3. If an application is not approved, the Commissioner shall:

(a) Enter an order denying the application and provide to the applicant written notice of the denial by personal service or certified mail; and

(b) Send a copy of the order denying the application to each district court in each county where the applicant proposed to do business based on the information provided in the application.

4. If the Commissioner enters an order denying an application, the applicant may request a hearing before the Commissioner, but if no such request is made within 30 days after the entry of the order denying the application, the Commissioner shall enter a final order.

5. A final order of the Commissioner denying an application is a final order for the purposes of judicial review.

(Added to NRS by 2015, 2350)

NRS 628B.360 Issuance of license; contents of license.

1. If the Commissioner approves an application pursuant to NRS 628B.340 and the applicant pays the required fees, the Commissioner shall issue to the applicant a license to engage in the business of a private professional guardian.

2. A license issued pursuant to subsection 1 must contain:

(a) The name of the licensee.

(b) The locations by street and number where the licensee is authorized to engage in business.

(d) That the license is issued pursuant to this chapter and that the licensee is authorized to engage in the business of a private professional guardian under this chapter.

(e) The expiration date of July 1 of the next year.

(Added to NRS by 2015, 2350)

NRS 628B.370 Expiration and renewal of license; fees; cancellation and reinstatement; regulations.

1. A license to engage in the business of a private professional guardian expires on December 31 of each year, unless it is renewed. To renew such a license, a private professional guardian company must submit to the Commissioner on or after November 1 and on or before December 31 of each year:

(a) An application, which must contain, without limitation, the number of the license being renewed and all information required to complete the application; and

(b) A renewal fee of not more than $1,500.

2. The Commissioner shall issue a renewal license to the applicant, which must be dated January 1 next ensuing the date of the application, in form and text similar to the original except that, in addition, the renewal must include the date and number of the earliest license issued.

3. All requirements of this chapter with respect to original licenses and bonds apply to all renewal licenses and bonds, except as otherwise provided in this section.

4. The Commissioner shall refuse to renew a license if at the time of application a proceeding to revoke or suspend the license is pending.

5. If a private professional guardian company fails to submit any item required pursuant to subsection 1 to the Commissioner on or after November 1 and on or before December 31 of any year, the license is cancelled as of December 31 of that year. The Commissioner may reinstate a cancelled license if the private professional guardian company submits to the Commissioner on or before February 28 of the following year:

(a) An application for renewal which contains the information specified in paragraph (a) of subsection 1; and

(b) The renewal fee specified in paragraph (b) of subsection 1.

6. The Commissioner shall adopt regulations establishing the amount of the fee required pursuant to this section. All money collected under the provisions of this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

(Added to NRS by 2015, 2352; A 2021, 2057)

1. A license issued pursuant to this chapter is not transferable or assignable, but upon the approval of the Commissioner and any applicable court of jurisdiction, a private professional guardian company may merge or consolidate with, or transfer its assets and control to, another entity that holds a license pursuant to this chapter. In determining whether to grant the approval, the Commissioner may consider the factors set forth in NRS 628B.330.

2. If a change in the control of a private professional guardian company occurs, the chief executive officer or managing member of the company shall report the change in control and the name of the person obtaining control to the Commissioner within 5 business days after obtaining knowledge of the change.

3. A private professional guardian company shall, within 5 business days after a change occurs in the chief executive officer, managing member, a majority of the directors or managing directors of the company or the employment of any private professional guardian, report the change to the Commissioner. The company shall include in its report to the Commissioner a statement of the past and current business and professional affiliations of each new chief executive officer, managing member, director, managing director or private professional guardian. A new chief executive officer, managing member, director, managing director or private professional guardian shall furnish to the Commissioner a complete financial statement on a form prescribed by the Commissioner.

4. A person who intends to acquire control of a private professional guardian company shall submit an application to the Commissioner. The application must be submitted on a form prescribed by the Commissioner. The Commissioner shall conduct an investigation pursuant to NRS 628B.330 to determine whether the person has a good reputation for honesty, trustworthiness and integrity and is competent to control the private professional guardian company in a manner which protects the interests of the general public.

5. The private professional guardian company of which the applicant intends to acquire control shall pay the nonrefundable cost of the investigation as required by the Commissioner. If the Commissioner denies the application, the Commissioner may prohibit or limit the applicant’s participation in the business.

6. As used in this section, “control” means the possession, directly or indirectly, of the authority to direct or cause the direction of the management and policy of a private professional guardian company, or a change in the ownership of at least 25 percent of the outstanding voting stock of, or participating members’ interest in, the company.

(Added to NRS by 2015, 2351; A 2017, 2428)

NRS 628B.390 Cancellation of license for discontinuance of business: Submission of evidence of release and discharge of obligations; entry of order; provision of copy of order to district courts.

1. If any private professional guardian company wishes to discontinue its business, the company shall furnish to the Commissioner satisfactory evidence of the release and discharge from all obligations which the company has assumed or which have been imposed by law. Thereafter, the Commissioner shall enter an order cancelling the license of the private professional guardian company.

2. If the Commissioner enters an order cancelling a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.

(Added to NRS by 2015, 2352)

NATIONWIDE MULTISTATE LICENSING SYSTEM AND REGISTRY

NRS 628B.450 Commissioner authorized to take action to participate; charges for use; regulations; provisions do not replace or affect authority of Commissioner regarding licensing.

1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:

(a) Facilitating and participating in the establishment and implementation of the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

(d) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with licensure, examinations, fines, assessments and any other similar fees;

(e) Requiring an applicant for or holder of a license to use the Registry to:

(1) Apply for the issuance or renewal of a license;

(2) Amend or surrender a license;

(3) Submit any reports or the results of any examination that the Commissioner may require;

(4) Pay any applicable fees; and

(5) Engage in any other activity that the Commissioner may require; and

(f) Authorizing the Registry to, on behalf of the Commissioner, collect fingerprints in order to receive or conduct a background check on the criminal history of an applicant for or holder of a license.

2. An applicant for or holder of a license shall, in addition to any other fees associated with the license, pay all applicable charges to use the Registry, including, without limitation, any processing charges established by the administrator of the Registry.

3. The Commissioner may adopt any regulations the Commissioner determines to be necessary or appropriate to carry out the provisions of this section. Such regulations may, without limitation, establish additional procedures and requirements for participation in the Registry.

4. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a license.

(Added to NRS by 2021, 2054)

NRS 628B.460 Submission and processing of fingerprints.

1. The Commissioner may require an applicant for or holder of a license to submit a complete set of his or her fingerprints when the Commissioner determines necessary.

2. The Commissioner may use the services of the Registry to process and to submit the fingerprints to the Federal Bureau of Investigation, to the Central Repository for Nevada Records of Criminal History, to any federal or state law enforcement agency or to any other entity authorized to receive such information for the purpose of conducting a background check of the criminal history of an applicant for or holder of a license.

(Added to NRS by 2021, 2055)

1. Subject to any limitations or restrictions contained in federal or state law governing the privacy or confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants for or holders of a license, enforcement actions and other relevant information to the Registry.

2. The requirements under any federal or state law, including, without limitation, rules of a federal or state court, regarding the privacy and confidentiality of any information or material provided to the Registry and any privilege arising under federal or state law with respect to such information or material, continue to apply to such information or material after it has been disclosed to the Registry. Such information and material may be shared with federal and state regulatory officials with oversight authority over holders of licenses without the loss of privilege or the loss of confidentiality protections provided by federal or state law.

3. The Commissioner may enter into agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the State Regulatory Registry, LLC, or other associations representing governmental agencies.

(Added to NRS by 2021, 2055)

NRS 628B.480 Additional materials required to be submitted.

1. In addition to any other requirements set forth by specific statute, each applicant for the issuance of a license and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:

(a) A complete set of fingerprints for submission to the Federal Bureau of Investigation and any other governmental agency or entity authorized to receive such information for a state, national and international background check on the criminal history of the person;

(b) Information concerning the personal history, financial history and experience of the person in a form prescribed by the Registry, including, without limitation, an authorization of the person for the Registry and the Commissioner to obtain:

(1) An independent credit report and credit score from a consumer reporting agency described in section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f), for the purpose of evaluating the financial responsibility of the person at the time of the submission of the application; and

(2) Additional independent credit reports and credit scores to confirm that the applicant continues to comply with any applicable requirements concerning financial responsibility;

(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and

(d) Any other information concerning the person that the Registry or Commissioner may require.

2. As used in this section:

(a) “Control” has the meaning ascribed to it in NRS 682A.047.

(b) “Responsible person” means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.

(Added to NRS by 2021, 2055)

NRS 628B.490 Licensee required to register and maintain unique identifier; Commissioner authorized to issue license through Registry; references to Commissioner deemed references to Registry.

1. Each holder of a license shall register with and maintain a valid unique identifier with the Registry.

2. The Commissioner may issue a license through the Registry.

3. To the extent that the Commissioner has delegated to the Registry any of his or her duties with respect to the issuance and renewal of licenses as authorized by this chapter, any reference to the Commissioner in this chapter shall be deemed to be a reference to the Registry.

4. As used in this section, “unique identifier” means a number or other identifier assigned by the protocols established by the Registry.

(Added to NRS by 2021, 2056)

REGULATION OF PRACTICE

NRS 628B.500 Scope of authority. Each private professional guardian company which is licensed pursuant to this chapter may, in the conduct of its business activities, within and outside this State, as applicable:

1. Act under the order or appointment of any court as guardian.

2. Accept and execute any activities and duties relating to the business of a private professional guardian as permitted by any law.

3. Exercise the powers of a corporation, partnership or limited-liability company organized or qualified as a foreign corporation, partnership or limited-liability company under the laws of this State and any incidental powers that are reasonably necessary to enable it to exercise, in accordance with commonly accepted customs and usages, a power conferred by this chapter.

4. Perform any act authorized by this chapter and any other applicable laws of this State.

(Added to NRS by 2015, 2355)

NRS 628B.510 Display of license. Each license issued pursuant to this chapter must be conspicuously displayed in the place of business designated in the license.

(Added to NRS by 2015, 2351)

NRS 628B.520 Duty to maintain principal office in State; requirements.

1. A private professional guardian company licensed pursuant to this chapter shall maintain its principal office in this State.

2. To qualify as the principal office for the purposes of subsection 1, an office of the private professional guardian company must:

(a) Have a verifiable physical location in this State at which the private professional guardian company conducts such business operations in this State as are necessary to administer private professional guardianships in this State;

(b) Have available at the office a private professional guardian who meets the requirements set forth in paragraph (a) of subsection 1 of NRS 159.0595 and is a permanent resident of this State and at least 21 years of age;

(d) Have available at the office originals or true copies of all material business records and accounts of the private professional guardian company, which must be readily available to access and readily available for examination by the Division;

(e) Have available to the public written procedures for making claims against the surety bond required to be maintained pursuant to NRS 628B.540;

(f) Have available all services to residents of this State which are consistent with the business plan of the private professional guardian company included with the application for a license; and

(g) Comply with any other requirements specified by the Commissioner.

(Added to NRS by 2015, 2352; A 2017, 2429)

NRS 628B.530 Foreign branch offices of licensees and branch offices of foreign private professional guardian companies: Approval required; fees.

1. It is unlawful for any private professional guardian company licensed pursuant to this chapter to engage in the business of a private professional guardian at any office outside this State without the prior approval of the Commissioner.

2. Before the Commissioner will approve a branch to be located outside this State, the private professional guardian company must:

(a) Obtain from that state any required license as a private professional guardian; or

(b) Provide proof satisfactory to the Commissioner that the private professional guardian company has met all the requirements to engage in the business of a private professional guardian in that state pursuant to its laws, including, without limitation, written documentation from the appropriate court or state agency that the private professional guardian company is authorized to do business in that state.

3. For each branch location of a private professional guardian company organized under the laws of this State, and every branch location in this State of a foreign private professional guardian company authorized to do business in this State, a request for approval and licensing must be filed with the Commissioner on forms prescribed by the Commissioner. A nonrefundable fee of not more than $500, as provided by the Commissioner, must accompany each request. In addition, a fee of not more than $200, to be prorated on the basis of the licensing year as provided by the Commissioner, must be paid at the time of making the request. Money collected pursuant to this section must be deposited in the Investigative Account for Financial Institutions created by NRS 232.545.

4. A foreign corporation or limited-liability company wishing to engage in the business of a private professional guardian in this State must use a name that distinguishes it from any other private professional guardian in this State.

(Added to NRS by 2015, 2353; A 2017, 2429)

NRS 628B.540 Bonds; insurance.

1. The Commissioner may require a private professional guardian company to maintain equity, fidelity and surety bonds in amounts that are more than the minimum required initially or at any subsequent time based on the Commissioner’s assessment of the risks associated with the business plan of the private professional guardian or other information contained in the application, the Commissioner’s investigation of the application or any examination of or filing by the private professional guardian company thereafter, including, without limitation, any examination before the opening of the business. In making such a determination, the Commissioner may consider, without limitation:

(a) The nature and type of business to be conducted by the private professional guardian company;

(b) The nature and liquidity of assets proposed to be held in the account of the private professional guardian company;

(c) The amount of fiduciary assets projected to be under the management or administration of the private professional guardian company;

(d) The type of fiduciary assets proposed to be held and any proposed depository of such assets;

(e) The complexity of the fiduciary duties and degree of discretion proposed to be undertaken by the private professional guardian company;

(f) The competence and experience of the proposed management of the private professional guardian company;

(g) The extent and adequacy of proposed internal controls;

(h) The proposed presence of annual audits by an independent certified public accountant, and the scope and frequency of such audits, whether they result in an opinion of the accountant and any qualifications to the opinion;

(i) The reasonableness of business plans for retaining or acquiring additional equity capital;

(j) The adequacy of fidelity and surety bonds and any additional insurance proposed to be obtained by the private professional guardian company for the purpose of protecting its fiduciary assets;

(k) The success of the private professional guardian company in achieving the financial projections submitted with its application for a license; and

(l) The fulfillment by the private professional guardian company of its representations and its descriptions of its business structures and methods and management set forth in its application for a license.

2. A private professional guardian company shall require fidelity bonds in the amount of at least $25,000 on each natural person who acts in any capacity within the private professional guardian company to indemnify the company against loss due to any dishonest, fraudulent or criminal act or omission by a person upon whom a bond is required pursuant to this section who acts alone or in combination with any other person. A bond required pursuant to this section may be in any form and may be paid for by the private professional guardian company.

3. A private professional guardian company shall obtain suitable insurance against burglary, robbery, theft and other hazards to which it may be exposed in the operation of its business.

4. A private professional guardian company shall obtain suitable surety bonds in accordance with NRS 159.065 or 159A.065, as applicable.

5. The surety bond obtained pursuant to subsection 4 must be in a form approved by a court of competent jurisdiction and the Division and conditioned that the applicant conduct his or her business in accordance with the requirements of this chapter. The bond must be made and executed by the principal and a surety company authorized to write bonds in this State.

6. A private professional guardian company shall at least annually prescribe the amount or penal sum of the bonds or policies of the company and designate the sureties and underwriters thereof, after considering all known elements and factors constituting a risk or hazard. The action must be recorded in the minutes kept by the private professional guardian company and reported to the Commissioner.

7. The bond must cover all matters placed with the private professional guardian company during the term of the license or a renewal thereof.

8. An action may not be brought upon any bond after 2 years from the revocation or expiration of the license.

9. After 2 years, all liability of the surety or sureties upon the bond ceases if no action is commenced upon the bond.

(Added to NRS by 2015, 2353; A 2017, 907, 2430)

NRS 628B.550 Fiduciary duty; prohibited transactions or interests; voidable transactions; additional remedies; appointment and review of guardianships; filing of reports with court.

1. The fiduciary relationship which exists between a private professional guardian and the protected person of the private professional guardian may not be used for the private gain of the guardian other than the remuneration for fees and expenses. A private professional guardian may not incur any obligation on behalf of the guardianship that conflicts with the discharge of the duties of the private professional guardian.

2. Unless prior approval is obtained from a court of competent jurisdiction, a private professional guardian shall not:

(a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the guardianship.

(b) Acquire an ownership, possessory, security or other pecuniary interest adverse to the protected person.

(c) Be knowingly designated as a beneficiary on any life insurance policy or pension or benefit plan of the protected person unless such designation was validly made by the protected person before the adjudication of the person’s incapacity.

(d) Directly or indirectly purchase, rent, lease or sell any property or services from or to any business entity in which the private professional guardian, or the spouse or relative of the guardian, is an officer, partner, director, shareholder or proprietor or in which such a person has any financial interest.

3. Any action taken by a private professional guardian which is prohibited by this section may be voided during the term of the guardianship or by the personal representative of the protected person’s estate. The private professional guardian is subject to removal and to imposition of personal liability through a proceeding for discharge, in addition to any other remedies otherwise available.

4. A court shall not appoint a private professional guardian that does not meet the requirements set forth in NRS 159.0595 as the guardian of a person or estate. The court must review each guardianship involving a private professional guardian on the anniversary date of the appointment of the private professional guardian. If a private professional guardian does not meet the requirements set forth in NRS 159.0595, the court must replace the guardian until such time as the private professional guardian meets such requirements.

5. A private professional guardian shall file any report required by the court in a timely manner.

(Added to NRS by 2015, 2355; A 2017, 908, 2431)

1. Except as otherwise provided in NRS 159.076 and 159A.076 a private professional guardian company shall maintain a separate guardianship account for each protected person into which all money received for the benefit of the protected person must be deposited, unless otherwise ordered by the court for a substantiated reason. Each guardianship account must be maintained in an insured bank or credit union located in this State, be held in a name which is sufficient to distinguish it from the personal or general checking account of the private professional guardian company and be designated as a guardianship account. Each guardianship account must at all times account for all money received for the benefit of the protected person and account for all money dispersed for the benefit of the protected person, and no disbursement may be made from the account except as authorized under chapter 159 or 159A of NRS or as authorized by court order.

2. Each private professional guardian company shall keep a record of all money deposited in each guardianship account maintained for a protected person, which must clearly indicate the date and from whom the money was received, the date the money was deposited, the dates of withdrawals of money and other pertinent information concerning the transactions. Records kept pursuant to this subsection must be maintained for at least 6 years after the completion of the last transaction concerning the account. The records must be maintained at the premises in this State at which the private professional guardian company is authorized to conduct business.

3. The Commissioner or his or her designee may conduct an examination of the guardianship accounts and records relating to protected persons of each private professional guardian company licensed pursuant to this chapter at any time to ensure compliance with the provisions of this chapter.

4. During the first year a private professional guardian company is licensed in this State, the Commissioner or his or her designee may conduct any examinations deemed necessary to ensure compliance with the provisions of this chapter.

5. If there is evidence that a private professional guardian company has violated a provision of this chapter, the Commissioner or his or her designee may conduct additional examinations to determine whether a violation has occurred.

6. Each private professional guardian company shall authorize the Commissioner or his or her designee to examine all books, records, papers and effects of the private professional guardian company.

7. If the Commissioner determines that the records of a private professional guardian company are not maintained in accordance with subsections 1 and 2, the Commissioner may require the private professional guardian company to submit, within 60 days, an audited financial statement prepared from the records of the private professional guardian company by a certified public accountant who holds a certificate to engage in the practice of public accounting in this State. The Commissioner may grant a reasonable extension of time for the submission of the financial statement if an extension is requested before the statement is due.

8. Upon the request of the Division, a private professional guardian company must provide to the Division copies of any documents reviewed during an examination conducted by the Commissioner or his or her designee pursuant to subsection 4, 5 or 6. If the copies are not provided, the Commissioner may subpoena the documents.

9. For each examination of the books, papers, records and effects of a private professional guardian company that is required or authorized pursuant to this chapter, the Commissioner shall charge and collect from the private professional guardian company a fee for conducting the examination and preparing a report of the examination based upon the rate established and, if applicable, adjusted pursuant to NRS 658.101. Failure to pay the fee within 30 days after receipt of the bill is grounds for revoking the license of the private professional guardian company.

10. All money collected under this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

(Added to NRS by 2015, 2356; A 2017, 394, 909, 2432)

NRS 628B.570 Written report of examination of accounts and records: Preparation; contents.

1. After an examination is conducted pursuant to NRS 628B.560, the person who conducted the examination shall prepare a written report of the results of the examination which must be signed by the Commissioner or his or her designee.

2. The written report must contain a true and detailed statement of the financial condition of the private professional guardian company and, if applicable, a full statement of any violations of the provisions of this chapter.

(Added to NRS by 2015, 2357)

NRS 628B.580 Written report of examination of accounts and records: Distribution; notice of conditions to be corrected; service of copy to court.

1. The Commissioner shall provide a copy of a report prepared pursuant to NRS 628B.570 to the president or secretary of the board of directors of the private professional guardian company if the company is a corporation, or to a manager or owner of the private professional guardian company if the company is not a corporation, and may make a copy available to each member of the board of directors or each manager or owner, as applicable. If, in the judgment of the Commissioner, the report discloses any violation of the provisions of this chapter committed by the private professional guardian company, or if it appears from the report that there are certain conditions existing which should be corrected by the private professional guardian company, the Commissioner may, in writing, call the matter to the attention of each member of the board of directors or each manager or owner, with instructions to correct the condition.

2. Upon the preparation of the report as provided in NRS 628B.570, the Commissioner shall also serve a copy thereof to the court having jurisdiction of each protected person of the private professional guardian company.

(Added to NRS by 2015, 2357)

1. The Commissioner may require a licensee to submit an annual financial statement or an audited financial statement prepared by an independent certified public accountant licensed to do business in this State, dependent upon the size and complexity of the private professional guardian company.

2. If applicable, on or before April 15 of each year, each licensee shall submit to the Commissioner and the Registry the stock ledger of stockholders of the corporation required to be maintained pursuant to paragraph (c) of subsection 1 of NRS 78.105 or the list of each member and manager required to be maintained pursuant to paragraph (a) of subsection 1 of NRS 86.241, verified by the president or a manager, as appropriate.

3. A list of each member and manager submitted pursuant to subsection 2 must include the percentage of each member’s interest in the company, in addition to the requirements set forth in NRS 86.241.

4. If a licensee fails to submit the ledger or list required pursuant to this section within the prescribed period, the Commissioner may impose and collect a fee of not more than $10 for each day the report is late.

5. The Commissioner may require a licensee to file more frequent reports as the Commissioner determines necessary.

6. The Commissioner shall adopt regulations establishing the amount of the fee that may be imposed pursuant to this section.

(Added to NRS by 2015, 2358; A 2021, 2058)

1. The Commissioner may require the immediate removal from office of any officer, director, manager or employee of any private professional guardian company doing business under this chapter who is found to be dishonest, incompetent or reckless in the management of the affairs of the private professional guardian company, or who persistently violates the laws of this State or the lawful orders, instructions and regulations issued by the Commissioner.

2. An officer, director, manager or employee of a private professional guardian company who is required to be removed from office pursuant to subsection 1 may appeal his or her removal by filing a written request for a hearing with the Commissioner within 10 days after the effective date of his or her removal. The Commissioner shall conduct the hearing after providing at least 5 days’ written notice to the private professional guardian company and the officer, director, manager or employee who is appealing his or her removal from office. Within 5 days after the conclusion of the hearing, the Commissioner shall enter an order affirming or disaffirming the removal of the person from office. An order of the Commissioner entered pursuant to this subsection is final for the purposes of judicial review.

(Added to NRS by 2015, 2358)

DISCIPLINARY AND OTHER ACTIONS

NRS 628B.700 Authorized actions of Commissioner; grounds.

1. The Commissioner may take administrative action against a licensee, including, without limitation, revoking or suspending the license, or initiate proceedings as provided in NRS 628B.940 if the private professional guardian company:

(a) Has violated this chapter or any other state or federal laws applicable to the business of a private professional guardian.

(b) Is conducting the business in an unauthorized or unsafe manner.

(d) Has an impairment of the surety bonds held by the private professional guardian company.

(e) Has an impairment of the fidelity bonds held by the private professional guardian company.

(f) Has become insolvent.

(g) Has neglected or refused to comply with the terms of a lawful order of the Commissioner.

(h) Has refused, upon proper demand, to submit its records, affairs and concerns for inspection and examination by an appointed or authorized examiner of the Commissioner.

(i) Has refused to provide copies to the Division upon request, and in cooperation with any investigation, inspection or examination, of any and all documents reviewed by the Division during any such investigation, inspection or examination.

(j) Has failed to pay any state or local taxes as required.

(k) Has materially and willfully breached its fiduciary duties to a protected person.

(l) Has failed to properly disclose all fees, interest and other charges to the court and the public.

(m) Has willfully engaged in material conflicts of interest regarding a protected person.

(n) Has made intentional material misrepresentations regarding any aspect of the services performed or proposed to be performed by the private professional guardian company.

2. The Commissioner also may initiate such proceedings to take possession of the business and property of any private professional guardian company if an officer, partner, member or sole proprietor of the private professional guardian company refuses to be examined upon oath regarding its affairs.

(Added to NRS by 2015, 2359)

NRS 628B.710 Immediate suspension of license: Grounds; procedure; provision of copy of order to district courts.

1. If the Commissioner finds that probable cause for the revocation of any license exists and that the public interest requires the immediate suspension of the license pending an investigation, the Commissioner may, upon 5 days’ written notice offering the opportunity for a hearing, enter an order suspending the license for a period of not more than 20 days, pending a hearing upon the revocation of the license unless the opportunity for a hearing is waived by the licensee.

2. If the Commissioner enters an order suspending a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.

(Added to NRS by 2015, 2360)

1. If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to engage in the business of a private professional guardian, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Commissioner shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 2015, 2348)

NRS 628B.730 Revocation or suspension of license: Notice and hearing; grounds; action by Commissioner after hearing; provision of copy of order to district courts.

1. If the Commissioner has reason to believe that grounds for the revocation or suspension of a license exist, the Commissioner shall give at least 20 days’ written notice to the private professional guardian company stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.

2. At the conclusion of a hearing, the Commissioner shall:

(a) Enter a written order dismissing the charges, revoking the license or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. The Commissioner shall send a copy of the order to the private professional guardian company by registered or certified mail.

(b) Impose upon the private professional guardian company an administrative fine of not more than $10,000 for each violation by the private professional guardian company of any provision of this chapter or any regulation adopted pursuant thereto.

(c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including investigative costs and attorney’s fees.

3. The grounds for revocation or suspension of a license are that:

(a) The private professional guardian company has failed to pay the annual license fee;

(b) The private professional guardian company has violated any provision of this chapter or any regulation adopted pursuant thereto or any lawful order of the Commissioner;

(d) Any fact or condition exists which would have justified the Commissioner in denying the original application for a license pursuant to the provisions of this chapter; or

(e) The private professional guardian company:

(1) Failed to open an office for the conduct of the business authorized by its license within 180 days after the date the license was issued; or

(2) Has failed to remain open for the conduct of the business for a period of 30 consecutive days without good cause therefor.

4. An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.

5. If the Commissioner enters an order suspending or revoking a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.

(Added to NRS by 2015, 2359; A 2017, 2433)

NRS 628B.740 Revocation of license for failure to open or maintain business; provision of copy of order to district courts.

1. The Commissioner shall revoke the license of a private professional guardian company if the company:

(a) Fails to open for business within 6 months after the date the license was issued, or within an additional 6-month extension granted by the Commissioner upon written application and for good cause shown; or

(b) Fails for more than 30 consecutive days to maintain regular business hours or otherwise conduct the business of a private professional guardian.

2. If the Commissioner enters an order revoking a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.

(Added to NRS by 2015, 2355)

1. Upon the filing with the Commissioner of a verified complaint against a private professional guardian company, the Commissioner shall investigate the alleged violation of the provisions of this chapter.

2. If the Commissioner determines that a complaint filed pursuant to subsection 1 warrants further action, the Commissioner shall send a copy of the complaint and notice of the date set for an informal hearing to the subject of the complaint and the Attorney General.

3. The Commissioner may require the private professional guardian company that is the subject of a complaint to file a verified answer to the complaint within 10 days after receipt of the complaint unless, for good cause shown, the Commissioner extends the time required for filing an answer for a period not to exceed 60 days.

4. If at the hearing the complaint is not explained to the satisfaction of the Commissioner, the Commissioner may take such action against the private professional guardian company as authorized by the provisions of this chapter.

(Added to NRS by 2015, 2361)

NRS 628B.760 Records of Commissioner: Certain records relating to complaint and investigation deemed confidential; certain records relating to disciplinary action deemed public records.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

2. The complaint or other documents filed by the Commissioner to initiate disciplinary action and all documents and information considered by the Commissioner when determining whether to impose discipline are public records.

(Added to NRS by 2015, 2361)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 628B.900 Knowing or willful neglect to perform required act or duty or failure to satisfy material lawful requirement made by Commissioner; penalty.

1. A licensee who knowingly or willfully neglects to perform any act or duty required by this chapter or other applicable law, or who knowingly or willfully fails to satisfy any material lawful requirement made by the Commissioner is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. If no other punishment is otherwise provided by law, a person who violates any provision of this chapter is guilty of a gross misdemeanor.

(Added to NRS by 2015, 2362)

NRS 628B.910 Administrative fines; limitation.

1. In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $10,000 per violation upon a person who violates any provision of this chapter or any regulation adopted pursuant thereto.

2. The maximum total fine that the Commissioner may impose on any person pursuant to this section with respect to the same or similar actions or series of actions which constitute the violations must not exceed the greater of $250,000 or 125 percent of the monetary value of all losses incurred by the private professional guardian company and its protected persons as the direct or indirect result of such violations.

(Added to NRS by 2015, 2361)

NRS 628B.920 Use of term “private professional guardian” or “guardianship services” as part of business name or in advertising by unlicensed person prohibited. A person who does not have a license issued pursuant to this chapter shall not:

1. Use the term “private professional guardian” or “guardianship services” as a part of the person’s business name.

2. Advertise or use any sign which includes the term “private professional guardian.”

(Added to NRS by 2015, 2345; A 2017, 2434)

NRS 628B.930 Unlicensed activity: Complaint; investigation; order to cease and desist; administrative fine or written agreement to cease and desist; lawsuit to recover fine; cumulative penalty.

1. The Commissioner shall conduct an investigation if he or she receives a verified complaint that a person who does not meet the requirements set forth in NRS 159.0595 is engaging in any activity relating to service as a private professional guardian.

2. If the Commissioner determines that a person who does not meet the requirements set forth in NRS 159.0595 is engaged in any activity relating to service as a private professional guardian, the Commissioner shall:

(a) Issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person meets the requirements set forth in NRS 159.0595; and

(b) Send a copy of the order to each district court in this State.

3. If a person upon whom an order to cease and desist is served pursuant to subsection 2 does not comply with the order within 30 days after the service of the order, the Commissioner shall, after providing to the person notice and an opportunity for a hearing:

(a) Impose upon the person an administrative fine of $10,000; or

(b) Enter into a written agreement with the person pursuant to which the person agrees to cease and desist from engaging in any activity in this State relating to service as a private professional guardian and impose upon the person an administrative fine of not less than $5,000 and not more than $10,000.

4. The Commissioner shall bring suit in the name and on behalf of the State of Nevada against a person upon whom an administrative fine is imposed pursuant to subsection 3 to recover the amount of the administrative fine if:

(a) No petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for at least 90 days after notice of the imposition of the fine; or

(b) A petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for at least 90 days after the exhaustion of any right of appeal in the courts of this State resulting in a final determination that upholds the imposition of the fine.

5. A person’s liability for an administrative fine is in addition to any other penalty provided for in this chapter.

(Added to NRS by 2015, 2346; A 2017, 2434)

NRS 628B.940 Violation or potential violation of chapter: Order to cease and desist or refrain; injunctive action; appointment and duties of receiver of impounded property or business.

1. If the Commissioner has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter, the Commissioner may, in addition to any action provided for in this chapter and chapter 233B of NRS and without prejudice thereto, enter an order requiring the person to cease and desist or to refrain from such violation. If the Commissioner enters such an order pursuant to this subsection, the Commissioner shall send a copy of the order to each district court in this State.

2. The Commissioner may bring an action to enjoin a person from engaging in or continuing a violation or from doing any act or acts in furtherance thereof. In any such action, irreparable harm and lack of an adequate remedy at law will be presumed and an order or judgment may be entered awarding a preliminary or final injunction as may be deemed proper. The findings of the Commissioner shall be deemed to be prima facie evidence and sufficient grounds, in the discretion of the court, for the issuance ex parte of a temporary restraining order.

3. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which an action is brought may impound, and appoint a receiver for, the property and business of the person, including books, papers, documents and records pertaining thereto, or so much thereof as a court may deem reasonably necessary to prevent violations of this chapter through or by means of the use of property and business, whether such books, papers, documents and records are in the possession of the person, a registered agent acting on behalf of the person or any other person. If a receiver is appointed and qualified, the receiver has such powers and duties relating to the custody, collection, administration, winding up and liquidation of such property and business as may be conferred upon the receiver by the court.

4. If a receiver is appointed pursuant to subsection 3, the receiver shall remit to the owners, members or shareholders of the private professional guardian company any amount of equity of the private professional guardian company remaining after the discharge of the liabilities and payment of the normal, prudent and reasonable expenses of the receivership.

(Added to NRS by 2015, 2360)