Link to Page 678

 

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ê2005 Statutes of Nevada, Page 679ê

 

CHAPTER 208, AB 509

Assembly Bill No. 509–Committee on Government Affairs

 

CHAPTER 208

 

AN ACT relating to the City of North Las Vegas; revising the procedure for the enactment of ordinances; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2.100 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 160, Statutes of Nevada 1983, at page 372, is hereby amended to read as follows:

      Sec. 2.100  Ordinances: Enactment procedure; emergency ordinances.

      1.  All proposed ordinances when first proposed must be read to the City Council by title, after which an adequate number of copies of the proposed ordinance must be filed with the City Clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the City at least 10 days before the adoption of the ordinance.

      2.  [At the next] Not later than the second regular meeting of the City Council following the proposal of an ordinance, it must be read by title as first introduced, any amendment must be proposed and voted upon and thereupon the proposed ordinance, with any adopted amendments, must be finally voted upon or action thereon postponed.

      3.  Where the ordinance is of a kind specified in section 7.040, by unanimous consent a special meeting may be called for the purpose of taking final action, and by a majority vote of the City Council final action may be taken immediately and no notice of the filing of the copies of the proposed ordinance with the City Clerk need be published. It shall become effective immediately upon passage.

      4.  All ordinances must be signed by the Mayor, attested by the City Clerk and published in the City, once, by title, together with the names of the Councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, before the ordinance, except as otherwise provided in subsection 3, becomes effective. The City Council may, by a majority vote, order the publication of the ordinance in full in lieu of publication by title only.

      5.  The City Clerk shall maintain a record of all ordinances, together with the affidavits of publication by the publisher, until disposed of in accordance with law.

      Sec. 2.  This act becomes effective on July 1, 2005.

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ê2005 Statutes of Nevada, Page 680ê

 

CHAPTER 209, AB 477

Assembly Bill No. 477–Committee on Government Affairs

 

CHAPTER 209

 

AN ACT relating to public officers; revising provisions relating to the authority of deputies appointed by certain public officers; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 246.030 is hereby amended to read as follows:

      246.030  1.  All county clerks [are authorized to] may appoint deputies, who are authorized to transact all official business [appertaining] pertaining to the office to the same extent as their principals. A deputy must be at least 18 years of age. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county clerk or the county by which the deputy is employed.

      2.  County clerks are responsible on their official bonds for all official malfeasance or nonfeasance of their deputies. Bonds for the faithful performance of their official duties may be required of deputies by county clerks.

      3.  All appointments of deputies under the provisions of this section must be in writing [,] and must, together with the oath of office of the deputies, be recorded in the office of the recorder of the county within which the principal legally holds and exercises his office. Revocations of such appointments must be recorded in the same manner. From the time of the recording of the appointments or revocations, persons shall be deemed to have notice of the appointment or revocation.

      Sec. 2.  NRS 247.040 is hereby amended to read as follows:

      247.040  1.  All county recorders [are authorized to] may appoint deputies, who are authorized to transact all official business [appertaining] pertaining to the office to the same extent as their principals. A deputy must be at least 18 years of age. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county recorder or the county by which the deputy is employed.

      2.  County recorders are responsible on their official bonds for all official malfeasance or nonfeasance of their deputies. Bonds for the faithful performance of their official duties may be required of deputies by county recorders.

      3.  All appointments of deputies under the provisions of this section must be in writing [,] and must, together with the oath of office of the deputies, be recorded in the office of the recorder of the county within which the county recorder legally holds office. Revocations of such appointments must be recorded in the same manner. From the time of the recording of the appointments or revocations, persons shall be deemed to have notice of the appointment or revocation.

      Sec. 3.  NRS 248.040 is hereby amended to read as follows:

      248.040  1.  Except as provided in NRS 248.045, each sheriff may:

 


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      (a) Appoint, in writing signed by him, one or more deputies, who may perform all the duties devolving on the sheriff of the county [.] and such other duties as the sheriff may from time to time direct. The appointment of a deputy sheriff must not be construed to confer upon that deputy policymaking authority for the office of the sheriff or the county by which the deputy sheriff is employed.

      (b) Except as otherwise provided in this paragraph, only remove a deputy who has completed a probationary period of 12 months for cause. A deputy who functions as the head of a department or an administrative employee or who has not completed the probationary period may be removed at the sheriff’s pleasure.

      2.  No deputy sheriff is qualified to act as such unless he has taken an oath to discharge the duties of the office faithfully and impartially. The oath must be certified on the back of his appointment and filed in the office of the county auditor.

      3.  The sheriff may require of his deputies such bonds as to him seem proper.

      Sec. 4.  NRS 249.060 is hereby amended to read as follows:

      249.060  1.  County treasurers may appoint one or more deputies [,] and may take from them bond with sureties. A deputy must be at least 18 years of age. Every county treasurer and his sureties are liable for every official act of his deputies.

      2.  Any county treasurer may authorize his deputy or deputies to transact any official business pertaining to the office of county treasurer in the same manner as the county treasurer. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county treasurer or the county by which the deputy is employed.

      3.  All appointments of deputies under the provisions of this section must be in writing [,] and must, together with the oath of office of the deputies, be recorded in the office of the recorder of the county within which the county treasurer legally holds and exercises his office. Revocations of such appointments must also be recorded as provided in this section. From the time of the recording of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.

      Sec. 5.  NRS 250.060 is hereby amended to read as follows:

      250.060  1.  All county assessors [are authorized to] may appoint deputies, who are authorized to transact all official business relating to the [offices] office to the same extent as the county assessors. A deputy must be at least 18 years of age. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county assessor or the county by which the deputy is employed.

      2.  County assessors are responsible on their official bonds for all official malfeasance or nonfeasance of their deputies. Bonds for the faithful performance of their official duties may be required of deputies by county assessors.

      3.  All appointments of deputies under the provisions of this section must be in writing [,] and must, together with the oath of office of the deputies, be recorded in the office of the recorder of the county within which the county assessor legally holds and exercises his office. Revocations of such appointments must also be recorded as provided in this section. From the time of the recording of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.

 


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ê2005 Statutes of Nevada, Page 682 (Chapter 209, AB 477)ê

 

      Sec. 6.  NRS 252.070 is hereby amended to read as follows:

      252.070  1.  All district attorneys [are authorized to] may appoint deputies, who [may] are authorized to transact all official business relating to those duties of the [offices] office set forth in NRS 252.080 and 252.090 to the same extent as their principals [.] and perform such other duties as the district attorney may from time to time direct. The appointment of a deputy district attorney must not be construed to confer upon that deputy policymaking authority for the office of the district attorney or the county by which the deputy district attorney is employed.

      2.  District attorneys are responsible on their official bonds for all official malfeasance or nonfeasance of the deputies. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.

      3.  All appointments of deputies under the provisions of this section must be in writing [,] and must, together with the oath of office of the deputies, be recorded in the office of the recorder of the county within which the district attorney legally holds and exercises his office. Revocations of those appointments must also be recorded as provided in this section. From the time of the recording of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.

      4.  Deputy district attorneys of counties whose population is less than 100,000 may engage in the private practice of law. In any other county, except as otherwise provided in NRS 7.065 and this subsection, deputy district attorneys shall not engage in the private practice of law. An attorney appointed to prosecute a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his appointment.

      5.  Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his office may require. The compensation of any person so appointed must be fixed by the board of county commissioners.

      6.  In a county whose population is 400,000 or more, deputies are governed by the merit personnel system of the county.

      Sec. 7.  NRS 253.025 is hereby amended to read as follows:

      253.025  1.  A public administrator may appoint as many deputies as he deems necessary to perform fully the duties of his office. A deputy so appointed may perform all duties required of the public administrator and has the corresponding powers and responsibilities. Before entering upon the discharge of his duties each deputy must take and subscribe to the constitutional oath of office. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county public administrator or the county by which the deputy is employed.

      2.  Each appointment must be in writing and recorded with the oath of office of that deputy in the office of the county recorder. Any revocation or resignation of an appointment must be recorded in the office of the county recorder.

      3.  The public administrator is responsible on his official bond for any official malfeasance or nonfeasance of his deputies and may require a bond for the faithful performance of the official duties of his deputies.

 


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ê2005 Statutes of Nevada, Page 683 (Chapter 209, AB 477)ê

 

      Sec. 8.  NRS 253.175 is hereby amended to read as follows:

      253.175  1.  A public guardian may appoint deputies to perform the duties of his office. A deputy so appointed may transact all official business relating to the office of the public guardian to the same extent as the public guardian, except that the deputy is not authorized to [establish or change the policies of the office or to] employ or terminate the employment of subordinates in the office. Before entering upon the discharge of his duties, each deputy must take and subscribe to the constitutional oath of office. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county public guardian or the county by which the deputy is employed.

      2.  Each appointment must be in writing and recorded, with the oath of office of that deputy, in the office of the county recorder. Any revocation or resignation of an appointment must be recorded in the office of the county recorder.

      3.  The public guardian is responsible on his official bond for any official malfeasance or nonfeasance of his deputies and may require a bond for the faithful performance of the official duties of his deputies.

      4.  The compensation of a deputy public guardian must be fixed by the board of county commissioners and paid out of the county general fund.

      Sec. 9.  NRS 258.060 is hereby amended to read as follows:

      258.060  1.  All constables [are authorized to] may appoint deputies, who [shall have power] are authorized to transact all official business [appertaining] pertaining to the [offices] office to the same extent as their principals . [, but no person shall] A person must not be appointed as a deputy constable unless [such person shall have] he has been a resident of the State of Nevada for at least 6 months [prior to] before the date of [such] the appointment. The appointment of a deputy constable must not be construed to confer upon that deputy policymaking authority for the office of the county constable or the county by which the deputy constable is employed.

      2.  Constables [shall be] are responsible for the compensation of their deputies [, and shall be] and are responsible on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of the deputies by the constables.

      3.  All appointments of deputies under the provisions of this section [shall] must be in writing [, and shall,] and must, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the constable legally holds and exercises his office. Revocations of such appointments [shall] must also be filed and recorded as provided in this section. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.

      Sec. 10.  NRS 259.040 is hereby amended to read as follows:

      259.040  1.  All coroners may appoint [a deputy or] deputies, who [may] are authorized to transact such official business pertaining to the [offices] office as their principals direct. Coroners are responsible for the compensation of the [deputy or deputies,] deputies and are responsible on their official bonds for all official malfeasance or nonfeasance of the [deputy or] deputies. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county coroner or the county by which the deputy is employed.

 


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ê2005 Statutes of Nevada, Page 684 (Chapter 209, AB 477)ê

 

upon that deputy policymaking authority for the office of the county coroner or the county by which the deputy is employed.

      2.  All appointments of deputies must be made in writing and must, with the oath of office, be filed in the office of the recorder of the county within which the principal holds and exercises his office.

      Sec. 11.  NRS 260.040 is hereby amended to read as follows:

      260.040  1.  The compensation of the public defender must be fixed by the board of county commissioners. The public defender of any two or more counties must be compensated and be permitted private civil practice of the law as determined by the boards of county commissioners of those counties, subject to the provisions of subsection 4 of this section and NRS 7.065.

      2.  The public defender may appoint as many deputies or assistant attorneys, clerks, investigators, stenographers and other employees as he considers necessary to enable him to carry out his responsibilities, with the approval of the board of county commissioners. An assistant attorney must be a qualified attorney licensed to practice in this State and may be placed on a part-time or full-time basis. The appointment of a deputy, assistant attorney or other employee pursuant to this subsection must not be construed to confer upon that deputy, assistant attorney or other employee policymaking authority for the office of the public defender or the county or counties by which the deputy, assistant attorney or other employee is employed.

      3.  The compensation of persons appointed under subsection 2 must be fixed by the board of county commissioners of the county or counties so served.

      4.  The public defender and his deputies and assistant attorneys in a county whose population is less than 100,000 may engage in the private practice of law. Except as otherwise provided in this subsection, in any other county, the public defender and his deputies and assistant attorneys shall not engage in the private practice of law except as otherwise provided in NRS 7.065. An attorney appointed to defend a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his appointment.

      5.  The board of county commissioners shall provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of the business of his office. However, the board of county commissioners may provide for an allowance in place of facilities. Each of those items is a charge against the county in which public defender services are rendered. If the public defender serves more than one county, expenses that are properly allocable to the business of more than one of those counties must be prorated among the counties concerned.

      6.  In a county whose population is 400,000 or more, deputies are governed by the merit personnel system of the county.

      Sec. 12.  This act becomes effective upon passage and approval.

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CHAPTER 210, AB 519

Assembly Bill No. 519–Committee on Health and Human Services

 

CHAPTER 210

 

AN ACT relating to the State Department of Agriculture; requiring the Department to immediately revoke the registry identification card of a participant in the State’s medical marijuana program who has been convicted of knowingly or intentionally selling a controlled substance or who has provided to the Department or its designee certain falsified information; providing for the notification of a person whose registry identification card has been revoked; providing for the return to the Department of revoked registry identification cards; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 685 (Chapter 210, AB 519)ê

 

a participant in the State’s medical marijuana program who has been convicted of knowingly or intentionally selling a controlled substance or who has provided to the Department or its designee certain falsified information; providing for the notification of a person whose registry identification card has been revoked; providing for the return to the Department of revoked registry identification cards; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 453A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If, at any time after the Department or its designee has issued a registry identification card to a person pursuant to paragraph (a) of subsection 1 of NRS 453A.220, the Department determines, on the basis of official documents or records or other credible evidence, that the person:

      (a) Provided falsified information on his application to the Department or its designee, as described in paragraph (c) of subsection 5 of NRS 453A.210; or

      (b) Has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210,

Ê the Department shall immediately revoke the registry identification card issued to that person and shall immediately revoke the registry identification card issued to that person’s designated primary caregiver, if any.

      2.  If, at any time after the Department or its designee has issued a registry identification card to a person pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250, the Department determines, on the basis of official documents or records or other credible evidence, that the person has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210, the Department shall immediately revoke the registry identification card issued to that person.

      3.  Upon the revocation of a registry identification card pursuant to this section:

      (a) The Department shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been revoked, advising the person of the requirements of paragraph (b); and

      (b) The person shall return his registry identification card to the Department within 7 days after receiving the notice sent pursuant to paragraph (a).

      4.  The decision of the Department to revoke a registry identification card pursuant to this section is a final decision for the purposes of judicial review.

      5.  A person whose registry identification card has been revoked pursuant to this section may not reapply for a registry identification card pursuant to NRS 453A.210 for 12 months after the date of the revocation, unless the Department or a court of competent jurisdiction authorizes reapplication in a shorter time.

 


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ê2005 Statutes of Nevada, Page 686 (Chapter 210, AB 519)ê

 

unless the Department or a court of competent jurisdiction authorizes reapplication in a shorter time.

      Sec. 2.  NRS 453A.210 is hereby amended to read as follows:

      453A.210  1.  The Department shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this section.

      2.  Except as otherwise provided in section 1 of this act and subsections 3 and 5 [,] of this section, the Department or its designee shall issue a registry identification card to a person who is a resident of this State and who submits an application on a form prescribed by the Department accompanied by the following:

      (a) Valid, written documentation from the person’s attending physician stating that:

             (1) The person has been diagnosed with a chronic or debilitating medical condition;

             (2) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

             (3) The attending physician has explained the possible risks and benefits of the medical use of marijuana;

      (b) The name, address, telephone number, social security number and date of birth of the person;

      (c) Proof satisfactory to the Department that the person is a resident of this State;

      (d) The name, address and telephone number of the person’s attending physician; and

      (e) If the person elects to designate a primary caregiver at the time of application:

             (1) The name, address, telephone number and social security number of the designated primary caregiver; and

             (2) A written, signed statement from his attending physician in which the attending physician approves of the designation of the primary caregiver.

      3.  The Department or its designee shall issue a registry identification card to a person who is under 18 years of age if:

      (a) The person submits the materials required pursuant to subsection 2; and

      (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:

             (1) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;

             (2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;

             (3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and

             (4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.

 


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ê2005 Statutes of Nevada, Page 687 (Chapter 210, AB 519)ê

 

      4.  The form prescribed by the Department to be used by a person applying for a registry identification card pursuant to this section must be a form that is in quintuplicate. Upon receipt of an application that is completed and submitted pursuant to this section, the Department shall:

      (a) Record on the application the date on which it was received;

      (b) Retain one copy of the application for the records of the Department; and

      (c) Distribute the other four copies of the application in the following manner:

             (1) One copy to the person who submitted the application;

             (2) One copy to the applicant’s designated primary caregiver, if any;

             (3) One copy to the Central Repository for Nevada Records of Criminal History; and

             (4) One copy to:

                   (I) If the attending physician of the applicant is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners; or

                   (II) If the attending physician of the applicant is licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine.

Ê The Central Repository for Nevada Records of Criminal History shall report to the Department its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c). The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall report to the Department its findings as to the licensure and standing of the applicant’s attending physician within 15 days after receiving a copy of an application pursuant to subparagraph (4) of paragraph (c).

      5.  The Department shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within 30 days after receiving the application. The Department may contact an applicant, his attending physician and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Department may deny an application only on the following grounds:

      (a) The applicant failed to provide the information required pursuant to subsections 2 and 3 to:

             (1) Establish his chronic or debilitating medical condition; or

             (2) Document his consultation with an attending physician regarding the medical use of marijuana in connection with that condition;

      (b) The applicant failed to comply with regulations adopted by the Department, including, without limitation, the regulations adopted by the Director pursuant to NRS 453A.740;

      (c) The Department determines that the information provided by the applicant was falsified;

      (d) The Department determines that the attending physician of the applicant is not licensed to practice medicine or osteopathic medicine in this State or is not in good standing, as reported by the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable;

      (e) The Department determines that the applicant, or his designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;

 


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ê2005 Statutes of Nevada, Page 688 (Chapter 210, AB 519)ê

 

      (f) The Department has prohibited the applicant from obtaining or using a registry identification card pursuant to subsection 2 of NRS 453A.300; [or]

      (g) The Department determines that the applicant, or his designated primary caregiver, if applicable, has had a registry identification card revoked pursuant to section 1 of this act; or

      (h) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.

      6.  The decision of the Department to deny an application for a registry identification card is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the Department. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

      7.  A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the Department or a court of competent jurisdiction authorizes reapplication in a shorter time.

      8.  Except as otherwise provided in this subsection, if a person has applied for a registry identification card pursuant to this section and the Department has not yet approved or denied the application, the person, and his designated primary caregiver, if any, shall be deemed to hold a registry identification card upon the presentation to a law enforcement officer of the copy of the application provided to him pursuant to subsection 4. A person may not be deemed to hold a registry identification card for a period of more than 30 days after the date on which the Department received the application.

      9.  As used in this section, “resident” has the meaning ascribed to it in NRS 483.141.

      Sec. 3.  NRS 453A.220 is hereby amended to read as follows:

      453A.220  1.  If the Department approves an application pursuant to subsection 5 of NRS 453A.210, the Department or its designee shall, as soon as practicable after the Department approves the application:

      (a) Issue a serially numbered registry identification card to the applicant; and

      (b) If the applicant has designated a primary caregiver, issue a serially numbered registry identification card to the designated primary caregiver.

      2.  A registry identification card issued pursuant to paragraph (a) of subsection 1 must set forth:

      (a) The name, address, photograph and date of birth of the applicant;

      (b) The date of issuance and date of expiration of the registry identification card;

      (c) The name and address of the applicant’s designated primary caregiver, if any; and

      (d) Any other information prescribed by regulation of the Department.

      3.  A registry identification card issued pursuant to paragraph (b) of subsection 1 must set forth:

      (a) The name, address and photograph of the designated primary caregiver;

 


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      (b) The date of issuance and date of expiration of the registry identification card;

      (c) The name and address of the applicant for whom the person is the designated primary caregiver; and

      (d) Any other information prescribed by regulation of the Department.

      4.  [A] Except as otherwise provided in section 1 of this act, subsection 3 of NRS 453A.230 and subsection 2 of NRS 453A.300, a registry identification card issued pursuant to this section is valid for a period of 1 year and may be renewed in accordance with regulations adopted by the Department.

      Sec. 4.  NRS 453A.300 is hereby amended to read as follows:

      453A.300  1.  A person who holds a registry identification card issued to him pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may he establish an affirmative defense to charges arising from, any of the following acts:

      (a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of marijuana.

      (b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 493.130.

      (c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.

      (d) Possessing marijuana in violation of NRS 453.336 or possessing drug paraphernalia in violation of NRS 453.560 or 453.566, if the possession of the marijuana or drug paraphernalia is discovered because the person engaged or assisted in the medical use of marijuana in:

             (1) Any public place or in any place open to the public or exposed to public view; or

             (2) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders.

      (e) Delivering marijuana to another person who he knows does not lawfully hold a registry identification card issued by the Department or its designee pursuant to NRS 453A.220 or 453A.250.

      (f) Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the Department or its designee pursuant to NRS 453A.220 or 453A.250.

      2.  [In] Except as otherwise provided in section 1 of this act and in addition to any other penalty provided by law, if the Department determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Department or Division to carry out the provisions of this chapter, the Department may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months.

      Sec. 5.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 211, SB 481

Senate Bill No. 481–Committee on Taxation

 

CHAPTER 211

 

AN ACT relating to the Civil Air Patrol; eliminating the limit on the amount that may be transferred to the Civil Air Patrol Account from the proceeds of the excise tax on aviation fuel; expanding the permissible use of money by the Civil Air Patrol; eliminating the prohibition against expenditures for official missions of the United States Air Force; and providing other matters properly relating thereto.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 690 (Chapter 211, SB 481)ê

 

proceeds of the excise tax on aviation fuel; expanding the permissible use of money by the Civil Air Patrol; eliminating the prohibition against expenditures for official missions of the United States Air Force; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 365.565 is hereby amended to read as follows:

      365.565  1.  The tax derived from aviation fuel must be distributed quarterly from the Account for Taxes on Aviation Fuel in the following manner:

      (a) The amount of any optional tax must be remitted to the:

             (1) Governmental entity which operates the airport at which the optional tax was collected, if the airport is operated by a governmental entity;

             (2) Governmental entity which owns the airport at which the optional tax was collected, if the airport is owned but not operated by a governmental entity; or

             (3) County in which is located the airport at which the optional tax was collected, if the airport is neither owned nor operated by a governmental entity.

      (b) After deducting the amount allocated pursuant to paragraph (a), there must be transferred to the Civil Air Patrol Account, which is hereby created, for the ensuing fiscal year, [a sum not to exceed $130,000 or] the total amount remaining in the Account for Taxes on Aviation Fuel . [, whichever is less.

      (c) After deducting the amounts allocated pursuant to paragraphs (a) and (b), any remaining balance in the Account for Taxes on Aviation Fuel must be remitted, in proportion to the amount of the mandatory tax collected at each airport, to the:

             (1) Governmental entity which operates the airport at which the mandatory tax was collected, if the airport is operated by a governmental entity;

             (2) Governmental entity which owns the airport at which the mandatory tax was collected, if the airport is owned but not operated by a governmental entity; or

             (3) County in which is located the airport at which the mandatory tax was collected, if the airport is neither owned nor operated by a governmental entity.]

      2.  Any money received by a governmental entity pursuant to subsection 1, except for the money transferred to the Civil Air Patrol Account, must be used by that governmental entity in the same manner as money allocated to a governmental entity pursuant to NRS 365.545.

      3.  The amount transferred to the Civil Air Patrol Account pursuant to this section must be expended for the support of the Nevada Wing of the Civil Air Patrol and is in addition to and separate from any legislative appropriations made to the Civil Air Patrol Account for the support of that Wing.

      4.  Money in the Civil Air Patrol Account may be paid out only upon claims certified by the Wing Commander and the Wing Finance Officer and approved by the State Board of Examiners, in the same manner as other claims against the State are paid.

 


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ê2005 Statutes of Nevada, Page 691 (Chapter 211, SB 481)ê

 

approved by the State Board of Examiners, in the same manner as other claims against the State are paid.

      5.  Money in the Civil Air Patrol Account may be used only by the Wing to:

      (a) Carry out its search, rescue and emergency operations [;] , homeland defense and narcotics interdiction missions;

      (b) Maintain a headquarters; and

      (c) Purchase, maintain and repair emergency and training equipment.

      6.  No money in the Civil Air Patrol Account may be expended for:

      (a) The purchase of any aircraft;

      (b) Travel expenses; or

      (c) Training expenses . [; or

      (d) Fuel for vehicles or aircraft used in an official mission of the United States Air Force.]

      7.  Any person who makes a claim against the Civil Air Patrol Account shall reimburse the Account if payment for the claim is also received from another source.

      8.  As used in this section:

      (a) “Mandatory tax” means the tax on aviation fuel collected pursuant to NRS 365.170 without regard to any optional tax.

      (b) “Optional tax” means a tax on aviation fuel imposed pursuant to NRS 365.203.

      Sec. 2.  NRS 413.010 is hereby amended to read as follows:

      413.010  Money may be appropriated by the Legislature from the State General Fund for the support of Nevada Wing 27001 of the Civil Air Patrol to:

      1.  Carry out crash, rescue [,] and emergency operations, support federal, state and local law enforcement agencies in homeland defense and narcotics interdiction missions, and provide organization and training therefor;

      2.  Provide for cadet training activities; and

      3.  Purchase, repair and maintain emergency and training equipment.

      Sec. 3.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 212, SB 321

Senate Bill No. 321–Senator Raggio

 

CHAPTER 212

 

AN ACT relating to taxation; requiring the Department of Taxation, in administering the exemption for sales to nonprofit organizations formed for religious, charitable or educational purposes, to include motor vehicles transferred to such nonprofit organizations within the exemption; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 692 (Chapter 212, SB 321)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

      In administering the provisions of NRS 372.326, the Department shall apply the exemption for the sale of tangible personal property to a nonprofit organization created for religious, charitable or educational purposes to include any type of motor vehicle that is transferred for use by such a nonprofit organization, whether by sale or lease and regardless of whether title to the vehicle passes to the nonprofit organization at any time during the use of the vehicle.

      Sec. 2.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      In administering the provisions of NRS 374.3305, the Department shall apply the exemption for the sale of tangible personal property to a nonprofit organization created for religious, charitable or educational purposes to include any type of motor vehicle that is transferred for use by such a nonprofit organization, whether by sale or lease and regardless of whether title to the vehicle passes to the nonprofit organization at any time during the use of the vehicle.

      Sec. 3.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 213, AB 125

Assembly Bill No. 125–Committee on Government Affairs

 

CHAPTER 213

 

AN ACT relating to land use planning; revising certain provisions to clarify the role of the Public Utilities Commission of Nevada in the approval of certain proposed subdivisions; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.335 is hereby amended to read as follows:

      278.335  1.  A copy of the tentative map must be forwarded by the planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body, for review to [the] :

      (a) The Division of Water Resources and the Division of Environmental Protection of the State Department of Conservation and Natural Resources [, and the] ;

      (b) The Health Division of the Department of Human Resources or the district board of health acting for the Health Division pursuant to subsection 2 [, for review.] ; and

      (c) If the subdivision is subject to the provisions of NRS 704.6672, the Public Utilities Commission of Nevada.

 


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ê2005 Statutes of Nevada, Page 693 (Chapter 213, AB 125)ê

 

      2.  In a county whose population is 100,000 or more, if the county and one or more incorporated cities in the county have established a district board of health, the authority of the Health Division to review and certify proposed subdivisions and conduct construction or installation inspections must be exercised by the district board of health.

      3.  A district board of health which conducts reviews and inspections under this section shall consider all the requirements of the law concerning sewage disposal, water pollution, water quality and water supply facilities. At least four times annually, the district board of health shall notify the Health Division of the Department of Human Resources which subdivisions met these requirements of law and have been certified by the district board of health.

      4.  The State is not chargeable with any expense incurred by a district board of health acting pursuant to this section.

      5.  Each reviewing agency shall, within 15 days after the receipt of the tentative map, file its written comments with the planning commission or the governing body recommending approval, conditional approval or disapproval and stating the reasons therefor.

      [6.  The planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body shall, for informational purposes only, immediately forward a copy of the tentative map to the Public Utilities Commission of Nevada for any subdivision which will provide water or services for the disposal of sewage and is subject to the provisions of NRS 704.6672. The Public Utilities Commission of Nevada shall acknowledge receipt of the tentative map within 15 days after it is received.]

      Sec. 2.  NRS 278.377 is hereby amended to read as follows:

      278.377  1.  A final map presented for filing must include a certificate by:

      (a) The Health Division of the Department of Human Resources or the district board of health acting pursuant to NRS 278.335 indicating that the final map is approved concerning sewage disposal, water pollution, water quality and water supply facilities. The Health Division or district board of health may not issue a certificate unless it has received [written] :

             (1) Written verification from the Division of Environmental Protection of the State Department of Conservation and Natural Resources that the final map [or plan] has been approved by the Division with regard to water pollution and sewage disposal in accordance with the Nevada Water Pollution Control Law [.] ; and

             (2) If the final map pertains to a subdivision which is subject to the provisions of NRS 704.6672, written verification from the Public Utilities Commission of Nevada that the final map has been approved by the Commission with regard to continuity and adequacy of water supply or sewer service, or both, as applicable.

      (b) The Division of Water Resources of the State Department of Conservation and Natural Resources, showing that the final map is approved by the Division concerning water quantity. If the final map pertains to a subdivision which is subject to the provisions of NRS 704.6672, the Division of Water Resources may not issue a certificate unless it has received written verification from the Public Utilities Commission of Nevada that the final map has been approved by the Commission with regard to continuity and adequacy of water supply or sewer service, or both, as applicable.

 


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ê2005 Statutes of Nevada, Page 694 (Chapter 213, AB 125)ê

 

regard to continuity and adequacy of water supply or sewer service, or both, as applicable.

      2.  Any person aggrieved by the issuance or denial of approval with regard to water pollution and sewage disposal by the Division of Environmental Protection of the State Department of Conservation and Natural Resources may appeal to the State Environmental Commission, which shall affirm, modify or reverse the action of the Division. The Commission shall adopt regulations providing the time within which appeals must be taken and the manner of taking the appeal to the Commission.

      3.  A copy of the certificate by the Division of Water Resources required by subsection 1 must be furnished to the subdivider who in turn shall provide a copy of the certificate to each purchaser of land before the time the sale is completed. Any statement of approval as required in subsection 1 is not a warranty or representation in favor of any person as to the safety or quantity of such water.

      Sec. 3.  NRS 704.6672 is hereby amended to read as follows:

      704.6672  1.  [The Commission shall be furnished a copy of each application to any city, town, county or any planning commission for new subdivisions or other land development projects which require a water supply or connection with a sewer system. Filing of each application with the Commission shall be made within 48 hours of the filing with the appropriate city, town or county level of government.] The Commission shall [thereupon review such application] review each tentative map for a subdivision received pursuant to NRS 278.335 and conduct an investigation, if deemed necessary, to determine the continuity and adequacy of [subject] the water supply or sewer service [. Final approval of applications by any such local governmental entity shall not be granted unless and until approval in writing has been given by the Commission.] , or both, for the subdivision. If the Commission approves the final map for the subdivision, the Commission shall, for the purposes of NRS 278.377, submit written verification of its approval to the Health Division of the Department of Human Resources and the Division of Water Resources of the State Department of Conservation and Natural Resources.

      2.  The Commission shall collect a fee not to exceed $200, which fee [shall] must be used to defray the cost of conducting any investigation under the provisions of subsection 1.

      3.  The provisions of subsections 1 and 2 shall not apply in any case where:

      (a) The person to furnish the water supply or sewer service has already been granted a certificate of public convenience and necessity by the Commission to serve the area [described in the application.] set forth in the tentative map.

      (b) Any county, municipality or other form of local government, including but not limited to districts formed under the provisions of chapter 318 of NRS, will furnish the water supply or sewer service to the area [described in the application.] set forth in the tentative map.

________

 

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 695ê

 

CHAPTER 214, SB 152

Senate Bill No. 152–Senator Mathews

 

CHAPTER 214

 

AN ACT relating to physical therapists; revising the provisions governing the approval of schools and educational curricula for physical therapy; allowing applicants who meet certain qualifications and requirements to practice physical therapy or to practice as a physical therapist’s assistant under a temporary exemption from licensure pending the examination for licensure; authorizing the Board to establish a fee to review a course of continuing education; authorizing a civil penalty; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 640.060 is hereby amended to read as follows:

      640.060  For the purpose of NRS 640.080, the Board shall [not] approve any school or educational curriculum [unless graduation from the school or completion of the curriculum entitles the applicant, insofar as educational requirements are concerned, to become a member in the American Physical Therapy Association.] taught at a school if the school is accredited by an accrediting agency recognized by the Board.

      Sec. 2.  NRS 640.120 is hereby amended to read as follows:

      640.120  1.  The Board may issue, without examination, a license to practice physical therapy for a period not to exceed 6 months to any person who meets the qualifications set forth in NRS 640.080, except subsection 3 thereof, upon certification that he has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency. Issuance of the temporary license is subject to such fees, not to exceed $100, and conditions as the Board may require.

      2.  A student of physical therapy is not required to be licensed during his clinical training if his work is done under the direct supervision of a licensed physical therapist.

      3.  A person who has applied for licensure as a physical therapist and who meets the qualifications set forth in NRS 640.080, except subsection 3 thereof, is temporarily exempt from licensure and may practice physical therapy during the period of the temporary exemption if:

      (a) The person has submitted a completed application for licensure for the first time and the application has been approved by the Board;

      (b) The Board has approved the person to sit for the examination required pursuant to NRS 640.100;

      (c) The person has not previously failed an examination for licensure as a physical therapist;

      (d) The person practices physical therapy under the supervision of a licensed physical therapist and in accordance with the provisions of this chapter and the regulations of the Board; and

      (e) The person complies with any other requirements of the Board to practice physical therapy during the period of the temporary exemption.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 696 (Chapter 214, SB 152)ê

 

      4.  The temporary exemption authorized by subsection 3 begins on the date on which the Board notifies the person that he may practice physical therapy under the temporary exemption and continues until the date of the examination if the person does not take the examination or until the date on which the Board notifies the person of the results of the examination. During the period of the temporary exemption, the person:

      (a) Shall not use as his title or professional credentials any words, letters or insignia except for the words “graduate of physical therapy.”

      (b) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a licensed physical therapist.

      Sec. 3.  NRS 640.150 is hereby amended to read as follows:

      640.150  1.  A license to practice physical therapy expires on July 31 of each year. A physical therapist may renew his license before its expiration upon:

      (a) Presentation of proof of completion of a program of continuing education as required by subsection 3;

      (b) Submission of the statement required pursuant to NRS 640.095; and

      (c) Payment of a renewal fee established by the Board.

      2.  A license that is not renewed before July 31 of each year expires. An expired license may be reinstated, at the discretion of the Board, upon submission of the statement required pursuant to NRS 640.095 and payment of the annual renewal fee and the annual expiration fee established by the Board for each year the license is expired.

      3.  The Board shall require licensed physical therapists to complete a program of continuing education as a requirement for the renewal of licenses. The Board shall, by regulation:

      (a) Prescribe the curriculum;

      (b) Approve the courses of study or training; and

      (c) Establish the fees,

Ê for the program.

      4.  The Board may, pursuant to subsection 3, establish a fee of not more than $150 to consider approval of a course of study or training.

      Sec. 4.  NRS 640.150 is hereby amended to read as follows:

      640.150  1.  A license to practice physical therapy expires on July 31 of each year. A physical therapist may renew his license before its expiration upon:

      (a) Presentation of proof of completion of a program of continuing education as required by subsection 3; and

      (b) Payment of a renewal fee established by the Board.

      2.  A license that is not renewed before July 31 of each year expires. An expired license may be reinstated, at the discretion of the Board, upon payment of the annual renewal fee and the annual expiration fee established by the Board for each year the license is expired.

      3.  The Board shall require licensed physical therapists to complete a program of continuing education as a requirement for the renewal of licenses. The Board shall, by regulation:

      (a) Prescribe the curriculum;

      (b) Approve the courses of study or training; and

      (c) Establish the fees,

Ê for the program.

      4.  The Board may, pursuant to subsection 3, establish a fee of not more than $150 to consider approval of a course of study or training.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 697 (Chapter 214, SB 152)ê

 

      Sec. 5.  NRS 640.169 is hereby amended to read as follows:

      640.169  1.  Except as otherwise provided in NRS 629.091 [,] and 640.120, it is unlawful for any person to practice physical therapy in this State unless he holds a license or a temporary license issued pursuant to this chapter.

      2.  In addition to any criminal penalty that may be imposed for a violation of subsection 1, the Board, after notice and hearing, may issue an order against any person who has violated subsection 1 imposing a civil penalty of not more than $5,000 for each violation. Any civil penalty collected pursuant to this subsection must be deposited in the State General Fund.

      Sec. 6.  NRS 640.240 is hereby amended to read as follows:

      640.240  1.  For the purposes of NRS 640.230, the Board shall not approve any educational curriculum for a physical therapist’s assistant unless the curriculum includes elementary or intermediate courses in clinical, anatomical, biological and physical sciences and is:

      (a) At least a 2-year program requiring a minimum of 60 academic semester credits at a college accredited by a recognized accrediting agency; or

      (b) A curriculum which is provided by the Armed Forces of the United States . [and has been approved by the American Physical Therapy Association.]

      2.  The Board may refuse to approve any educational curriculum for physical therapist’s assistants if the curriculum does not include such courses in theory and procedures as determined by the Board to be necessary for these assistants.

      Sec. 7.  NRS 640.275 is hereby amended to read as follows:

      640.275  1.  The Board may issue, without examination, a temporary license to practice as a physical therapist’s assistant to a person who:

      (a) Meets all of the other qualifications of NRS 640.230; and

      (b) Certifies that he has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency.

      2.  The Board may charge a fee, not to exceed $100, for the issuance of a temporary license.

      3.  A student who is enrolled in a program to become a physical therapist’s assistant is not required to be licensed during his clinical training if his work is performed under the direct supervision of a physical therapist.

      4.  A person who has applied for licensure as a physical therapist’s assistant and who meets the qualifications set forth in NRS 640.230, except subsection 5 thereof, is temporarily exempt from licensure and may practice as a physical therapist’s assistant during the period of the temporary exemption if:

      (a) The person has submitted a completed application for licensure for the first time and the application has been approved by the Board;

      (b) The Board has approved the person to sit for the examination required pursuant to NRS 640.230;

      (c) The person has not previously failed an examination for licensure as a physical therapist’s assistant;

      (d) The person practices as a physical therapist’s assistant under the direct supervision of a supervising physical therapist and in accordance with the provisions of this chapter and the regulations of the Board; and

 


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ê2005 Statutes of Nevada, Page 698 (Chapter 214, SB 152)ê

 

      (e) The person complies with any other requirements of the Board to practice as a physical therapist’s assistant during the period of the temporary exemption.

      5.  The temporary exemption authorized by subsection 4 begins on the date on which the Board notifies the person that he may practice as a physical therapist’s assistant under the temporary exemption and continues until the date of the examination if the person does not take the examination or until the date on which the Board notifies the person of the results of the examination. During the period of the temporary exemption, the person:

      (a) Shall not use as his title or professional credentials the words, letters or insignia “P.T.A.” or “Physical Therapist’s Assistant,” or any other letters, words or insignia indicating or implying that he is a licensed physical therapist’s assistant.

      (b) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a licensed physical therapist’s assistant.

      Sec. 8.  1.  This section and sections 1, 2, 3, 5, 6 and 7 of this act become effective on October 1, 2005.

      2.  Section 3 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      3.  Section 4 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

CHAPTER 215, AB 542

Assembly Bill No. 542–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 215

 

AN ACT relating to the Legislature; revising the provisions governing the transfer of employees from the Legislative Counsel Bureau to the Senate or the Assembly; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 699 (Chapter 215, AB 542)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.230 is hereby amended to read as follows:

      218.230  1.  Except as otherwise provided in this section, there must be paid to the employees of the Senate and Assembly, for all services rendered by them under the provisions of this chapter, the following base amounts of money for each day’s employment:

 

Assistant Secretary/Assistant Chief Clerk.......................................... $111

Document Clerk........................................................................................ 105

History Clerk.............................................................................................. 105

Journal Clerk.............................................................................................. 105

Media Clerk............................................................................................... 105

Recording Clerk......................................................................................... 105

Sergeant At Arms...................................................................................... 105

Deputy/Senior Sergeant at Arms.............................................................. 90

Assistant Sergeant at Arms........................................................................ 84

Senior Page................................................................................................... 77

Page/Student................................................................................................ 61

Clerical Services Administrator/Supervisor of Clerical Services....... 111

Executive Assistant.................................................................................. 103

Executive Secretary.................................................................................... 98

Leadership Receptionist............................................................................. 90

Senior Secretary........................................................................................... 90

Secretary....................................................................................................... 84

Senior Committee Manager.................................................................... 103

Committee Manager.................................................................................. 98

Lead Committee Secretary..................................................................... 103

Secretary for Senate Committee on Finance or Assembly Committee on Ways and Means   101

Senior Committee Secretary..................................................................... 98

Committee Secretary.................................................................................. 90

Senior Proofreader...................................................................................... 98

Proofreader................................................................................................... 90

Committee Minutes Coordinator............................................................. 98

Data Entry Technician............................................................................... 82

Word Processing Clerk................................................................................ 69

Reproduction Services Supervisor............................................................ 90

Bill Services Administrator/Supervisor of Bill Services........................ 82

Assistant Bill Services Administrator/Supervisor of Bill Services....... 75

Bill Services Clerk........................................................................................ 61

 

      2.  In addition to the positions listed in subsection 1, the Secretary of the Senate and the Chief Clerk of the Assembly may establish additional positions as necessary and shall establish an appropriate base amount for those additional positions.

      3.  The base amount paid to an employee of the Legislature listed in subsection 1 or created pursuant to subsection 2:

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 700 (Chapter 215, AB 542)ê

 

      (a) Must be increased cumulatively by each cost of living increase granted to employees in the classified service of the State that becomes effective on or after July 1, 2001; and

      (b) May be increased cumulatively by the Secretary of the Senate or the Chief Clerk of the Assembly, as applicable, by [one] :

             (1) One step of 5 percent for each regular legislative session during which the employee previously worked for the Legislature in the same or a similar position, not to exceed nine steps per position, if the Secretary of the Senate or the Chief Clerk of the Assembly determined that the employee performed his duties in a satisfactory manner during the previous session or sessions [.] ; or

             (2) Between one and nine steps of 5 percent, as determined by the Secretary of the Senate or the Chief Clerk of the Assembly, based upon previous service with the Legislative Counsel Bureau in a position that is similar to the position with the Senate or Assembly, as applicable.

      4.  If an employee of the Legislative Counsel Bureau transfers to a position with the Senate or Assembly during a session, the employee may, with the approval of the Secretary of the Senate or the Chief Clerk of the Assembly, continue to be paid on an hourly basis at the same rate that the employee was being paid by the Legislative Counsel Bureau if the position with the Legislative Counsel Bureau is similar to the position with the Senate or Assembly, as applicable.

      5.  During periods of adjournment to a day certain, employees of the Legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in subsection 1 for each day of service, as adjusted pursuant to subsection 3, if applicable.

      [5.] 6.  During periods before the commencement of a session and after the adjournment of a session sine die, employees of the Legislature whose service is required shall perform duties as assigned and are entitled to be paid at an hourly rate commensurate with the daily rate specified in subsection 1, as applicable, and are entitled to be compensated for overtime in the same manner as provided for employees of the Legislative Counsel Bureau.

      Sec. 2.  This act becomes effective upon passage and approval and applies retroactively to any person who transferred from the Legislative Counsel Bureau to the Senate or the Assembly for the 73rd Regular Session of the Legislature.

________

 

CHAPTER 216, SB 175

Senate Bill No. 175–Senator Titus

 

CHAPTER 216

 

AN ACT relating to motor vehicles; revising provisions governing vehicle accident reports; revising provisions governing delivery of a certificate of title following performance of the terms of a contract or security agreement; revising provisions concerning the notification provided to the owner of a motor vehicle that is towed at the request of a person other than the owner; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 701 (Chapter 216, SB 175)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 480.600 is hereby amended to read as follows:

      480.600  The Nevada Highway Patrol and the Investigation Division of the Department shall, [at the] within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of an accident, or his legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person , [or] his legal representative or insurer, as applicable, with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the Nevada Highway Patrol or the Investigation Division that concern the accident, unless [the] :

      1.  The materials are privileged or confidential pursuant to a specific statute [.] ; or

      2.  The accident involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of an accident; or

      (c) The commission of a felony.

      Sec. 2.  NRS 482.431 is hereby amended to read as follows:

      482.431  1.  Within 15 days after the terms of the contract or security agreement have been fully performed, the seller or other secured party who holds a certificate of title shall deliver the certificate of title to the person or persons legally entitled thereto, with proper evidence of the termination or release of the security interest.

      2.  Upon receipt of a written complaint alleging a violation of subsection 1, the Department shall conduct an investigation of the alleged violation.

      3.  If the Department determines that the seller or other secured party has violated the provisions of subsection 1, the Department shall impose an administrative fine of $25 for each day that the seller or other secured party is in violation of the provisions of subsection 1. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      4.  All administrative fines collected by the Department pursuant to subsection 3 must be deposited with the State Treasurer for credit to the State Highway Fund.

      Sec. 3.  NRS 248.242 is hereby amended to read as follows:

      248.242  A sheriff shall, [at the] within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of an accident, or his legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person , [or] his legal representative or insurer, as applicable, with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the sheriff’s office that concern the accident, unless [the] :

      1.  The materials are privileged or confidential pursuant to a specific statute [.] ; or

      2.  The accident involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of an accident; or

      (c) The commission of a felony.

 


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ê2005 Statutes of Nevada, Page 702 (Chapter 216, SB 175)ê

 

      Sec. 4.  NRS 258.072 is hereby amended to read as follows:

      258.072  A constable shall, [at the] within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of an accident, or his legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person , [or] his legal representative or insurer, as applicable, with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the constable’s office that concern the accident, unless [the] :

      1.  The materials are privileged or confidential pursuant to a specific statute [.] ; or

      2.  The accident involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of an accident; or

      (c) The commission of a felony.

      Sec. 5.  NRS 268.900 is hereby amended to read as follows:

      268.900  A police department or other law enforcement agency of a city shall, [at the] within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of an accident, or his legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person , [or] his legal representative or insurer, as applicable, with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department or agency that concern the accident, unless [the] :

      1.  The materials are privileged or confidential pursuant to a specific statute [.] ; or

      2.  The accident involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of an accident; or

      (c) The commission of a felony.

      Sec. 6.  NRS 269.247 is hereby amended to read as follows:

      269.247  A police department or other law enforcement agency of a town shall, [at the] within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of an accident, or his legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person , [or] his legal representative or insurer, as applicable, with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department or agency that concern the accident, unless [the] :

      1.  The materials are privileged or confidential pursuant to a specific statute [.] ; or

      2.  The accident involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of an accident; or

      (c) The commission of a felony.

      Sec. 7.  NRS 280.400 is hereby amended to read as follows:

      280.400  A metropolitan police department shall, [at the] within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of an accident, or his legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person , [or] his legal representative or insurer, as applicable, with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department that concern the accident, unless [the] :

 


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ê2005 Statutes of Nevada, Page 703 (Chapter 216, SB 175)ê

 

with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department that concern the accident, unless [the] :

      1.  The materials are privileged or confidential pursuant to a specific statute [.] ; or

      2.  The accident involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of an accident; or

      (c) The commission of a felony.

      Sec. 8.  NRS 396.328 is hereby amended to read as follows:

      396.328  The Police Department for the System shall, [at the] within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of an accident, or his legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person , [or] his legal representative or insurer, as applicable, with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the Department that concern the accident, unless [the] :

      1.  The materials are privileged or confidential pursuant to a specific statute [.] ; or

      2.  The accident involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of an accident; or

      (c) The commission of a felony.

      Sec. 9.  NRS 706.4479 is hereby amended to read as follows:

      706.4479  1.  If a motor vehicle is towed at the request of someone other than the owner, or authorized agent of the owner, of the motor vehicle, the operator shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:

      [1.] (a) Notify the registered and legal owner of the motor vehicle by certified mail not later than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle or not later than 15 days after placing [a] any other vehicle in storage:

      [(a)] (1) Of the location where the motor vehicle is being stored;

      [(b)] (2) Whether the storage is inside a locked building, in a secured, fenced area or in an unsecured, open area;

      [(c)] (3) Of the charge for storage; and

      [(d)] (4) Of the date and time the vehicle was placed in storage.

      [2.] (b) If the identity of the registered and legal owners is not readily available, request the necessary information from the Department. The operator shall attempt to notify the owner of the vehicle as soon as possible, but in no case later than [15 days,] :

             (1) Twenty-one days after identification of the owner is obtained [.

      3.] if the motor vehicle that is placed in storage was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

             (2) Fifteen days after identification of the owner is obtained for any other motor vehicle.

      (c) Use all resources reasonably necessary to ascertain the name of the owner of a vehicle and is responsible for making an independent inquiry and correct notification of the owner.

 


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ê2005 Statutes of Nevada, Page 704 (Chapter 216, SB 175)ê

 

      2.  If a motor vehicle that is placed in storage was towed at the request of a law enforcement officer following an accident involving the motor vehicle, the operator shall not impose any administrative or processing fee or charge with respect to the vehicle for the period ending 14 days after the date on which the motor vehicle was placed in storage.

________

 

CHAPTER 217, AB 202

Assembly Bill No. 202–Assemblymen Parks, Hardy, Parnell, Pierce, Horne, Smith, Anderson, Arberry Jr., Atkinson, Buckley, Claborn, Conklin, Gerhardt, Giunchigliani, Grady, Hogan, Kirkpatrick, Koivisto, Leslie, Manendo, McClain, Munford, Oceguera, Perkins and Sherer

 

Joint Sponsors: Senators Carlton and Titus

 

CHAPTER 217

 

AN ACT relating to education; requiring the Department of Education to prescribe a policy for public schools to provide a safe and respectful learning environment; prohibiting a school official from interfering with or preventing the disclosure of information concerning harassment or intimidation in public schools; providing that certain causes of action may not be brought against a pupil or an employee or volunteer of a school who reports an incident of harassment or intimidation; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  The Department shall, in consultation with the boards of trustees of school districts, educational personnel, local associations and organizations of parents whose children are enrolled in public schools throughout this State, and individual parents and legal guardians whose children are enrolled in public schools throughout this State, prescribe by regulation a policy for all school districts and public schools to provide a safe and respectful learning environment that is free of harassment and intimidation.

      2.  The policy must include, without limitation:

      (a) Requirements and methods for reporting violations of NRS 388.135; and

      (b) A policy for use by school districts to train administrators, principals, teachers and all other personnel employed by the board of trustees of a school district. The policy must include, without limitation:

             (1) Training in the appropriate methods to facilitate positive human relations among pupils without the use of harassment and intimidation so that pupils may realize their full academic and personal potential;

             (2) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

 


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ê2005 Statutes of Nevada, Page 705 (Chapter 217, AB 202)ê

 

             (3) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.

      Sec. 3.  The board of trustees of each school district shall:

      1.  Adopt the policy prescribed by the Department pursuant to section 2 of this act. The board of trustees may adopt an expanded policy if the expanded policy complies with the policy prescribed by the Department.

      2.  Provide for the appropriate training of all administrators, principals, teachers and all other personnel employed by the board of trustees in accordance with the policy prescribed by the Department pursuant to section 2 of this act.

      3.  On or before September 1 of each year, submit a report to the Superintendent of Public Instruction that includes a description of each violation of NRS 388.135 occurring in the immediately preceding school year that resulted in personnel action against an employee or suspension or expulsion of a pupil, if any.

      Sec. 4.  The Superintendent of Public Instruction shall:

      1.  Compile the reports submitted pursuant to section 3 of this act and prepare a written report of the compilation.

      2.  On or before October 1 of each year, submit the written compilation to the Attorney General.

      Sec. 5.  1.  A school official shall not directly or indirectly interfere with or prevent the disclosure of information concerning a violation of NRS 388.135.

      2.  As used in this section, “school official” means:

      (a) A member of the board of trustees of a school district; or

      (b) A licensed or unlicensed employee of a school district.

      Sec. 6.  No cause of action may be brought against a pupil or an employee or volunteer of a school who reports a violation of NRS 388.135 unless the person who made the report acted with malice, intentional misconduct, gross negligence, or intentional or knowing violation of the law.

      Sec. 7.  NRS 388.121 is hereby amended to read as follows:

      388.121  As used in NRS 388.121 to 388.139, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 388.125 and 388.129 have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 388.132 is hereby amended to read as follows:

      388.132  The Legislature declares that:

      1.  A learning environment that is safe and respectful is essential for the pupils enrolled in the public schools in this State to achieve academic success and meet this State’s high academic standards;

      2.  Any form of harassment or intimidation in public schools seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;

      3.  The intended goal of the Legislature is to ensure that:

      (a) The public schools in this State provide a safe and respectful learning environment in which persons of differing beliefs, characteristics and backgrounds can realize their full academic and personal potential; [and]

      (b) All administrators, principals, teachers and other personnel of the school districts and public schools in this State demonstrate appropriate behavior on the premises of any public school by treating other persons, including, without limitation, pupils, with civility and respect and by refusing to tolerate harassment or intimidation; and

 


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ê2005 Statutes of Nevada, Page 706 (Chapter 217, AB 202)ê

 

including, without limitation, pupils, with civility and respect and by refusing to tolerate harassment or intimidation; and

      (c) All persons in public schools are entitled to maintain their own beliefs and to respectfully disagree without resorting to violence, harassment or intimidation; and

      4.  By declaring its goal that the public schools in this State provide a safe and respectful learning environment, the Legislature is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils with differing beliefs be free from abuse and harassment.

      Sec. 9.  NRS 388.139 is hereby amended to read as follows:

      388.139  Each school district shall include the text of the provisions of NRS 388.125 to 388.135, inclusive, and the policy adopted by the board of trustees of the school district pursuant to section 3 of this act under the heading “Harassment and Intimidation Is Prohibited in Public Schools,” within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.

      Sec. 10.  1.  On or before January 1, 2006, the Department of Education shall prescribe a policy for all school districts and public schools to provide a safe and respectful learning environment pursuant to section 2 of this act. In prescribing the policy, the Department shall consider policies currently in use in school districts in this State.

      2.  On or before July 1, 2006, the board of trustees of each school district shall adopt the policy prescribed by the Department of Education, or an expanded policy, to provide a safe and respectful learning environment pursuant to section 3 of this act. The board of trustees of each school district shall ensure that the policy is effective commencing with the 2006-2007 school year.

      Sec. 11.  1.  This section and sections 1, 2, 5 to 8, inclusive, and 10 of this act become effective on July 1, 2005.

      2.  Section 3 of this act becomes effective on July 1, 2005, for the purpose of adopting policies and on July 1, 2006, for all other purposes.

      3.  Sections 4 and 9 of this act become effective on July 1, 2006.

________

 

CHAPTER 218, SB 368

Senate Bill No. 368–Committee on Human Resources and Education

 

CHAPTER 218

 

AN ACT relating to education; requiring the plans to improve the achievement of pupils to include strategies for the professional development of teachers and administrators that directly address the needs of pupils; revising provisions governing the professional development provided to teachers and administrators; requiring the governing body of each regional training program for the professional development of teachers and administrators to review certain plans to improve the achievement of pupils; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 707 (Chapter 218, SB 368)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.34691 is hereby amended to read as follows:

      385.34691  1.  The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State. The plan:

      (a) Must be prepared in consultation with:

             (1) Employees of the Department;

             (2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;

             (3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada Association of School Boards; and

             (4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516, appointed by the Council; and

      (b) May be prepared in consultation with:

             (1) Representatives of institutions of higher education;

             (2) Representatives of regional educational laboratories;

             (3) Representatives of outside consultant groups;

             (4) Representatives of the regional training programs for the professional development of teachers and administrators established pursuant to NRS 391.512;

             (5) The Bureau; and

             (6) Other persons who the State Board determines are appropriate.

      2.  A plan to improve the achievement of pupils enrolled in public schools in this State must include:

      (a) A review and analysis of the data upon which the report required pursuant to NRS 385.3469 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      (b) The identification of any problems or factors common among the school districts or charter schools in this State, as revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.

      (d) Strategies to improve the academic achievement of pupils enrolled in public schools in this State, including, without limitation, strategies to:

             (1) Instruct pupils who are not achieving to their fullest potential;

             (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

             (3) Integrate technology into the instructional and administrative programs of the school districts;

             (4) Manage effectively the discipline of pupils; and

             (5) Enhance the professional development offered for the teachers and administrators employed at public schools in this State to include the activities set forth in 20 U.S.C. § 7801(34) [,] and to address the specific needs of the pupils enrolled in public schools in this State, as deemed appropriate by the State Board.

      (e) Strategies designed to provide to the pupils enrolled in middle school, junior high school and high school, the teachers and counselors who provide instruction to those pupils, and the parents and guardians of those pupils information concerning:

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 708 (Chapter 218, SB 368)ê

 

instruction to those pupils, and the parents and guardians of those pupils information concerning:

             (1) The requirements for admission to an institution of higher education and the opportunities for financial aid;

             (2) The availability of millennium scholarships pursuant to NRS 396.911 to 396.938, inclusive; and

             (3) The need for a pupil to make informed decisions about his curriculum in middle school, junior high school and high school in preparation for success after graduation.

      (f) An identification, by category, of the employees of the Department who are responsible for ensuring that each provision of the plan is carried out effectively.

      (g) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (i) Strategies to improve the allocation of resources from this State, by program and by school district, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the State Board and the Department to carry out the plan.

      (k) A summary of the effectiveness of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      3.  The State Board shall:

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in public schools in this State.

      4.  On or before December 15 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:

      (a) Governor;

      (b) Committee;

      (c) Bureau;

      (d) Board of Regents of the University of Nevada;

      (e) Council to Establish Academic Standards for Public Schools created by NRS 389.510;

      (f) Board of trustees of each school district; and

      (g) Governing body of each charter school.

      Sec. 2.  NRS 385.348 is hereby amended to read as follows:

      385.348  1.  The board of trustees of each school district shall, in consultation with the employees of the school district, prepare a plan to improve the achievement of pupils enrolled in the school district, excluding pupils who are enrolled in charter schools located in the school district.

 


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ê2005 Statutes of Nevada, Page 709 (Chapter 218, SB 368)ê

 

improve the achievement of pupils enrolled in the school district, excluding pupils who are enrolled in charter schools located in the school district. If the school district is a Title I school district designated as demonstrating need for improvement pursuant to NRS 385.377, the plan must also be prepared in consultation with parents and guardians of pupils enrolled in the school district and other persons who the board of trustees determines are appropriate.

      2.  Except as otherwise provided in this subsection, the plan must include the items set forth in 20 U.S.C. § 6316(c)(7) and the regulations adopted pursuant thereto. If a school district has not been designated as demonstrating need for improvement pursuant to NRS 385.377, the board of trustees of the school district is not required to include those items set forth in 20 U.S.C. § 6316(c)(7) and the regulations adopted pursuant thereto that directly relate to the status of a school district as needing improvement.

      3.  In addition to the requirements of subsection 2, a plan to improve the achievement of pupils enrolled in a school district must include:

      (a) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      (b) The identification of any problems or factors at individual schools that are revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.

      (d) Strategies to improve the academic achievement of pupils enrolled in the school district including, without limitation, strategies to:

             (1) Instruct pupils who are not achieving to their fullest potential;

             (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

             (3) Integrate technology into the instructional and administrative programs of the school district;

             (4) Manage effectively the discipline of pupils; and

             (5) Enhance the professional development offered for the teachers and administrators employed by the school district to include the activities set forth in 20 U.S.C. § 7801(34) [,] and to address the specific needs of the pupils enrolled in the school district, as deemed appropriate by the board of trustees of the school district.

      (e) An identification, by category, of the employees of the school district who are responsible for ensuring that each provision of the plan is carried out effectively.

      (f) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

      (g) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (i) Strategies to improve the allocation of resources from the school district, by program and by school, in a manner that will improve the academic achievement of pupils.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 710 (Chapter 218, SB 368)ê

 

academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

      (j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the school district to carry out the plan.

      (k) A summary of the effectiveness of appropriations made by the Legislature that are available to the school district or the schools within the school district to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      4.  The board of trustees of each school district shall:

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school district.

      5.  On or before December 15 of each year, the board of trustees of each school district shall submit the plan or the revised plan, as applicable, to the:

      (a) Superintendent of Public Instruction;

      (b) Governor;

      (c) State Board;

      (d) Department;

      (e) Committee; and

      (f) Bureau.

      Sec. 3.  NRS 385.357 is hereby amended to read as follows:

      385.357  1.  The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

      2.  The plan developed pursuant to subsection 1 must include:

      (a) A review and analysis of the data pertaining to the school upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      (b) The identification of any problems or factors at the school that are revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as defined in NRS 389.018.

      (d) Policies and practices concerning the core academic subjects which have the greatest likelihood of ensuring that each subgroup of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school will make adequate yearly progress and meet the minimum level of proficiency prescribed by the State Board.

      (e) Annual measurable objectives, consistent with the annual measurable objectives established by the State Board pursuant to NRS 385.361, for the continuous and substantial progress by each subgroup of pupils identified in paragraph (b) of subsection 1 of that section who are enrolled in the school to ensure that each subgroup will make adequate yearly progress and meet the level of proficiency prescribed by the State Board.

 


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ê2005 Statutes of Nevada, Page 711 (Chapter 218, SB 368)ê

 

      (f) Strategies, consistent with the policy adopted pursuant to NRS 392.457 by the board of trustees of the school district in which the school is located, to promote effective involvement by parents and families of pupils enrolled in the school in the education of their children.

      (g) As appropriate, programs of remedial education or tutoring to be offered before and after school, during the summer, or between sessions if the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.

      (h) Strategies to improve the academic achievement of pupils enrolled in the school, including, without limitation, strategies to:

             (1) Instruct pupils who are not achieving to their fullest potential;

             (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

             (3) Integrate technology into the instructional and administrative programs of the school;

             (4) Manage effectively the discipline of pupils; and

             (5) Enhance the professional development offered for the teachers and administrators employed at the school to include the activities set forth in 20 U.S.C. § 7801(34) [,] and to address the specific needs of pupils enrolled in the school, as deemed appropriate by the principal . [and other persons and entities responsible for the development of the plan.]

      (i) An identification, by category, of the employees of the school who are responsible for ensuring that the plan is carried out effectively.

      (j) In consultation with the school district or governing body, as applicable, an identification, by category, of the employees of the school district or governing body, if any, who are responsible for ensuring that the plan is carried out effectively or for overseeing and monitoring whether the plan is carried out effectively.

      (k) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

      (l) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (m) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (n) The resources available to the school to carry out the plan. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school shall use the financial analysis program used by the school district in which the school is located in complying with this paragraph.

      (o) A summary of the effectiveness of appropriations made by the Legislature that are available to the school to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      3.  In addition to the requirements of subsection 2, if a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623, the plan must comply with 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.

 


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385.3623, the plan must comply with 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.

      4.  Except as otherwise provided in subsection 5, the principal of each school shall, in consultation with the employees of the school:

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

      5.  If a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623, the technical assistance partnership or the support team established for the school, as applicable, shall review the plan and make revisions to the most recent plan for improvement of the school pursuant to NRS 385.3692 or 385.3741, as applicable. If the school is a Title I school that has been designated as demonstrating need for improvement, the technical assistance partnership or support team established for the school, as applicable, shall, in making revisions to the plan, work in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity responsible for creating the partnership or support team, outside experts.

      6.  On or before November 1 of each year, the principal of each school, or the technical assistance partnership or support team established for the school, as applicable, shall submit the plan or the revised plan, as applicable, to:

      (a) If the school is a public school of the school district, the superintendent of schools of the school district.

      (b) If the school is a charter school, the governing body of the charter school.

      7.  If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623, the superintendent of schools of the school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto. Not later than 45 days after receipt of the plan, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan, as applicable, if it meets the requirements of 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto and the requirements of this section. The superintendent of schools of the school district or the governing body, as applicable, may condition approval of the plan or the revised plan, as applicable, in the manner set forth in 20 U.S.C. § 6316(b)(3)(B) and the regulations adopted pursuant thereto. The State Board shall prescribe the requirements for the process of peer review, including, without limitation, the qualifications of persons who may serve as peer reviewers.

      8.  If a school is designated as demonstrating exemplary achievement, high achievement or adequate achievement, or if a school that is not a Title I school is designated as demonstrating need for improvement, not later than 45 days after receipt of the plan or the revised plan, as applicable, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan if it meets the requirements of this section.

 


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      9.  On or before December 15 of each year, the principal of each school, or the technical assistance partnership or support team established for the school, as applicable, shall submit the final plan or the final revised plan, as applicable, to the:

      (a) Superintendent of Public Instruction;

      (b) Governor;

      (c) State Board;

      (d) Department;

      (e) Committee;

      (f) Bureau; and

      (g) Board of trustees of the school district in which the school is located.

      10.  A plan for the improvement of a school must be carried out expeditiously, but not later than January 1 after approval of the plan pursuant to subsection 7 or 8, as applicable.

      Sec. 4.  Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      If the board of trustees of a school district or the superintendent of schools of a school district schedules a day or days for the professional development of teachers or administrators employed by the school district:

      1.  The primary focus of that scheduled professional development must be to improve the achievement of the pupils enrolled in the school district, as set forth in the plan to improve the achievement of pupils prepared pursuant to NRS 385.348 or 385.357, as applicable.

      2.  The scheduled professional development must be structured so that teachers attend professional development that is designed for the specific subject areas or grades taught by those teachers.

      Sec. 5.  NRS 391.540 is hereby amended to read as follows:

      391.540  1.  The governing body of each regional training program shall:

      (a) Adopt a training model, taking into consideration other model programs, including, without limitation, the program used by the Geographic Alliance in Nevada.

      (b) Assess the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program and adopt priorities of training for the program based upon the assessment of needs. The board of trustees of each such school district may submit recommendations to the appropriate governing body for the types of training that should be offered by the regional training program.

      (c) In making the assessment required by paragraph (b), review the plans to improve the achievement of pupils prepared pursuant to NRS 385.348 by the school districts within the primary jurisdiction of the regional training program and, as deemed necessary by the governing body, review the plans to improve the achievement of pupils prepared pursuant to NRS 385.357 for individual schools within the primary jurisdiction of the regional training program.

      (d) Prepare a 5-year plan for the regional training program, which includes, without limitation:

             (1) An assessment of the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program; and

 


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             (2) Specific details of the training that will be offered by the regional training program for the first 2 years covered by the plan.

      [(d)] (e) Review the 5-year plan on an annual basis and make revisions to the plan as are necessary to serve the training needs of teachers and administrators employed by the school districts within the primary jurisdiction of the regional training program.

      2.  The Department, the University and Community College System of Nevada and the board of trustees of a school district may request the governing body of the regional training program that serves the school district to provide training, participate in a program or otherwise perform a service that is in addition to the duties of the regional training program that are set forth in the plan adopted pursuant to this section or otherwise required by statute. An entity may not represent that a regional training program will perform certain duties or otherwise obligate the regional training program as part of an application by that entity for a grant unless the entity has first obtained the written confirmation of the governing body of the regional training program to perform those duties or obligations. The governing body of a regional training program may, but is not required to, grant a request pursuant to this subsection.

      Sec. 6.  If an evaluation is conducted during the 2005-2006 interim of the four regional training programs for the professional development of teachers and administrators established pursuant to NRS 391.512, the evaluation must include, without limitation:

      1.  Workshop evaluations;

      2.  Interviews with key personnel of the regional training programs as well as teachers and administrators who participated in the training;

      3.  Classroom-based observations of the teachers who participated in the training; and

      4.  A review and analysis of whether the instructional methods and other training received by teachers through the regional training programs are carried out by those teachers in the classroom.

      Sec. 7.  This act becomes effective on July 1, 2005.

________

CHAPTER 219, AB 471

Assembly Bill No. 471–Committee on Judiciary

 

CHAPTER 219

 

AN ACT relating to gaming; authorizing the Nevada Gaming Commission to adopt regulations governing the use of mobile communication devices for gaming on the premises of licensed gaming establishments; providing that communications devices offered for play as part of a mobile gaming system are subject to the same fees and taxes applicable to slot machines; increasing the number of members of the Off-Track Pari-Mutuel Wagering Committee; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

 


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ê2005 Statutes of Nevada, Page 715 (Chapter 219, AB 471)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  “Mobile gaming” means the conduct of gambling games through communications devices operated solely in public areas of an establishment which holds a nonrestricted gaming license and which operates at least 100 slot machines and at least one other game by the use of communications technology that allows a person to transmit information to a computer to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information. For the purposes of this section:

      1.  “Communications technology” means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wireless network, wireless fidelity, wire, cable, radio, microwave, light, optics or computer data networks. The term does not include the Internet.

      2.  “Public areas” does not include rooms available for sleeping or living accommodations.

      Sec. 3.  1.  Except as otherwise provided in subsection 2, the Commission may, with the advice and assistance of the Board, adopt regulations governing the operation of mobile gaming and the licensing of:

      (a) An operator of a mobile gaming system;

      (b) A manufacturer, seller or distributor of a mobile gaming system; and

      (c) A manufacturer of equipment associated with mobile gaming.

      2.  The Commission may not adopt regulations pursuant to this section until the Commission first determines that:

      (a) Mobile gaming systems are secure and reliable, and provide reasonable assurance that players will be of lawful age and communicating only from areas of licensed gaming establishments that have been approved by the Commission for that purpose; and

      (b) Mobile gaming can be operated in a manner which complies with all applicable laws.

      3.  The regulations adopted by the Commission pursuant to this section must:

      (a) Provide that gross revenue received by a licensed gaming establishment or the operator or the manufacturer of a mobile gaming system from the operation of mobile gaming is subject to the same license fee provisions of NRS 463.370 as the other games and gaming devices operated at the licensed gaming establishment.

      (b) Provide that a mobile communications device which displays information relating to the game to a participant in the game as part of a mobile gaming system is subject to the same fees and taxes applicable to slot machines as set forth in NRS 463.375 and 463.385.

      (c) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with mobile gaming.

 


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ê2005 Statutes of Nevada, Page 716 (Chapter 219, AB 471)ê

 

      (d) Define “mobile gaming system,” “operator of a mobile gaming system,” “equipment associated with mobile gaming” and “public area” as the terms are used in this chapter.

      Sec. 4.  A debt incurred by a patron in connection with playing a mobile gaming system at a licensed gaming establishment is valid and may be enforced by legal process.

      Sec. 5.  NRS 463.013 is hereby amended to read as follows:

      463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.01967, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 463.0136 is hereby amended to read as follows:

      463.0136  “Associated equipment” means:

      1.  Any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming or mobile gaming, any game, race book or sports pool that would not otherwise be classified as a gaming device, including dice, playing cards, links which connect to progressive slot machines, equipment which affects the proper reporting of gross revenue, computerized systems of betting at a race book or sports pool, computerized systems for monitoring slot machines and devices for weighing or counting money; or

      2.  A computerized system for recordation of sales for use in an area subject to the tax imposed pursuant to NRS 368A.200.

      Sec. 7.  NRS 463.0157 is hereby amended to read as follows:

      463.0157  1.  “Gaming employee” means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

      (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

      (b) Boxmen;

      (c) Cashiers;

      (d) Change personnel;

      (e) Counting room personnel;

      (f) Dealers;

      (g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

      (h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing;

      (i) Employees of manufacturers or distributors of gaming equipment within this State whose duties are directly involved with the manufacture, repair or distribution of gaming devices, cashless wagering systems, mobile gaming systems, equipment associated with mobile gaming systems, interactive gaming systems or equipment associated with interactive gaming;

      (j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

      (k) Employees of operators of inter-casino linked systems , mobile gaming systems or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;

 


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ê2005 Statutes of Nevada, Page 717 (Chapter 219, AB 471)ê

 

      (l) Floormen;

      (m) Hosts or other persons empowered to extend credit or complimentary services;

      (n) Keno runners;

      (o) Keno writers;

      (p) Machine mechanics;

      (q) Odds makers and line setters;

      (r) Security personnel;

      (s) Shift or pit bosses;

      (t) Shills;

      (u) Supervisors or managers;

      (v) Ticket writers; and

      (w) Employees of a person required by NRS 463.160 to be licensed to operate an information service.

      2.  “Gaming employee” does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.

      Sec. 8.  NRS 463.0172 is hereby amended to read as follows:

      463.0172  “Manufacturer” means a person who:

      1.  Manufactures, assembles, programs or makes modifications to a gaming device, cashless wagering system , mobile gaming system or interactive gaming system; or

      2.  Designs, assumes responsibility for the design of, controls the design or assembly of, or maintains a copyright over the design of, a mechanism, electronic circuit or computer program which cannot be reasonably demonstrated to have any application other than in a gaming device, cashless wagering system , mobile gaming system or interactive gaming system for use or play in this State or for distribution outside of this State.

      Sec. 9.  NRS 463.0177 is hereby amended to read as follows:

      463.0177  “Nonrestricted license” or “nonrestricted operation” means:

      1.  A state gaming license for, or an operation consisting of, 16 or more slot machines;

      2.  A license for, or operation of, any number of slot machines together with any other game, gaming device, race book or sports pool at one establishment;

      3.  A license for, or the operation of, a slot machine route; [or]

      4.  A license for, or the operation of, an inter-casino linked system [.] ; or

      5.  A license for, or the operation of, a mobile gaming system.

      Sec. 10.  NRS 463.160 is hereby amended to read as follows:

      463.160  1.  Except as otherwise provided in subsection 4 and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

      (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, mobile gaming system, slot machine, race book or sports pool;

      (b) To provide or maintain any information service;

      (c) To operate a gaming salon; or

      (d) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, mobile gaming system, race book or sports pool,

 


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ê2005 Statutes of Nevada, Page 718 (Chapter 219, AB 471)ê

 

Ê without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.

      2.  The licensure of an operator of an inter-casino linked system is not required if:

      (a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or

      (b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.

      3.  Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, mobile gaming system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, by a person who is not licensed pursuant to this chapter, or his employee.

      4.  The Commission may, by regulation, authorize a person to own or lease gaming devices for the limited purpose of display or use in the person’s private residence without procuring a state gaming license.

      5.  As used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.

      Sec. 11.  NRS 463.1605 is hereby amended to read as follows:

      463.1605  1.  Except as otherwise provided in subsection 3, the Commission shall not approve a nonrestricted license, other than for the operation of a mobile gaming system, race book or sports pool at an establishment which holds a nonrestricted license to operate both gaming devices and a gambling game, for an establishment in a county whose population is 100,000 or more unless the establishment is a resort hotel.

      2.  A county, city or town may require resort hotels to meet standards in addition to those required by this chapter as a condition of issuance of a gaming license by the county, city or town.

      3.  The Commission may approve a nonrestricted license for an establishment which is not a resort hotel at a new location if the establishment was acquired or displaced pursuant to a redevelopment project undertaken by an agency created pursuant to NRS 279.382 to 279.685, inclusive.

      Sec. 12.  NRS 463.245 is hereby amended to read as follows:

      463.245  1.  Except as otherwise provided in this section:

      (a) All licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or race book, which authorize gaming at the same establishment must be merged into a single gaming license.

      (b) A gaming license may not be issued to any person if the issuance would result in more than one licensed operation at a single establishment, whether or not the profits or revenue from gaming are shared between the licensed operations.

      2.  A person who has been issued a nonrestricted gaming license may establish a sports pool or race book on the premises of the establishment at which he conducts a nonrestricted gaming operation only after obtaining permission from the Commission.

      3.  A person who has been issued a license to operate a sports pool or race book at an establishment may be issued a license to operate a sports pool or race book at another establishment if the second establishment is operated by a person who has been issued a nonrestricted license.

 


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ê2005 Statutes of Nevada, Page 719 (Chapter 219, AB 471)ê

 

pool or race book at another establishment if the second establishment is operated by a person who has been issued a nonrestricted license.

      4.  Nothing in this section limits or prohibits an operator of an inter-casino linked system from placing and operating such a system on the premises of two or more gaming licensees and receiving, either directly or indirectly, any compensation or any percentage or share of the money or property played from the linked games in accordance with the provisions of this chapter and the regulations adopted by the Commission. An inter-casino linked system must not be used to link games other than slot machines, unless such games are located at an establishment that is licensed for games other than slot machines.

      5.  The provisions of this section do not apply to a license to operate a mobile gaming system or to operate interactive gaming.

      Sec. 13.  NRS 463.305 is hereby amended to read as follows:

      463.305  1.  Any person who operates or maintains in this State any gaming device of a specific model, any gaming device which includes a significant modification, any mobile gaming system or any inter-casino linked system which the Board or Commission has not approved for testing or for operation is subject to disciplinary action by the Board or Commission.

      2.  The Board shall maintain a list of approved gaming devices , mobile gaming systems and inter-casino linked systems.

      3.  If the Board suspends or revokes approval of a gaming device pursuant to the regulations adopted pursuant to subsection 4 [,] or suspends or revokes approval of a mobile gaming system pursuant to the regulations adopted pursuant to section 3 of this act, the Board may order the removal of the gaming device or mobile gaming system from an establishment.

      4.  The Commission shall adopt regulations relating to gaming devices and their significant modification and inter-casino linked systems.

      Sec. 14.  NRS 463.3855 is hereby amended to read as follows:

      463.3855  1.  In addition to any other state license fees imposed by this chapter, the Commission shall, before issuing a state gaming license to an operator of a slot machine route , an operator of a mobile gaming system or an operator of an inter-casino linked system, charge and collect from him an annual license fee of $500.

      2.  Each such license must be issued for a calendar year beginning January 1 and ending December 31. If the operation of the licensee is continuing, the Commission shall charge and collect the fee on or before December 31 for the ensuing calendar year.

      3.  Except as otherwise provided in NRS 463.386, the fee to be charged and collected under this section is the full annual fee, without regard to the date of application for or issuance of the license.

      Sec. 15.  NRS 463.482 is hereby amended to read as follows:

      463.482  As used in NRS 463.160 to 463.170, inclusive, and section 3 of this act, 463.368, 463.386, 463.482 to 463.645, inclusive, and 463.750, unless the context otherwise requires, the words and terms defined in NRS 463.4825 to 463.488, inclusive, have the meanings ascribed to them in those sections.

      Sec. 16.  NRS 463.650 is hereby amended to read as follows:

      463.650  1.  Except as otherwise provided in subsections 2 to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device, cashless wagering system , mobile gaming system or interactive gaming system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

 


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ê2005 Statutes of Nevada, Page 720 (Chapter 219, AB 471)ê

 

system , mobile gaming system or interactive gaming system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

      2.  A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.

      3.  The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the Board, dispose of by sale in a manner approved by the Board, any or all of its gaming devices, including slot machines, mobile gaming systems and cashless wagering systems, without a distributor’s license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the Board may authorize the disposition of the gaming devices without requiring a distributor’s license.

      4.  The Commission may, by regulation, authorize a person who owns:

      (a) Gaming devices for home use in accordance with NRS 463.160; or

      (b) Antique gaming devices,

Ê to sell such devices without procuring a license therefor to residents of jurisdictions wherein ownership of such devices is legal.

      5.  Upon approval by the Board, a gaming device owned by:

      (a) A law enforcement agency;

      (b) A court of law; or

      (c) A gaming device repair school licensed by the Commission on Postsecondary Education,

Ê may be disposed of by sale, in a manner approved by the Board, without a distributor’s license. An application for approval must be submitted to the Board in the manner prescribed by the Chairman.

      6.  Any person whom the Commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.

      7.  Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the Commission.

      8.  The Commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the Commission determines that the exemption is consistent with the purposes of this chapter.

      9.  As used in this section:

      (a) “Antique gaming device” means a gaming device that was manufactured before 1951.

      (b) “Holding company” has the meaning ascribed to it in NRS 463.485.

      Sec. 17.  NRS 463.651 is hereby amended to read as follows:

      463.651  1.  A natural person who applies for the issuance or renewal of a license as a manufacturer, distributor or seller of gaming devices or mobile gaming systems shall submit to the Commission the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

 


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ê2005 Statutes of Nevada, Page 721 (Chapter 219, AB 471)ê

 

      2.  The Commission 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 Commission.

      3.  A license as a manufacturer, distributor or seller of gaming devices or mobile gaming systems may not be issued or renewed by the Commission if the applicant is a natural person who:

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that he 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 he 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 Commission 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.

      Sec. 18.  NRS 463.652 is hereby amended to read as follows:

      463.652  1.  If the Commission 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 as a manufacturer, distributor or seller of gaming devices [,] or mobile gaming systems, the Commission 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 Commission 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 Commission shall reinstate a license as a manufacturer, distributor or seller of gaming devices or mobile gaming systems that has been suspended by a district court pursuant to NRS 425.540 if the Commission 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.

      Sec. 19.  NRS 463.653 is hereby amended to read as follows:

      463.653  The application of a natural person who applies for the issuance of a license as a manufacturer, distributor or seller of gaming devices or mobile gaming systems must include the social security number of the applicant.

      Sec. 20.  NRS 463.670 is hereby amended to read as follows:

      463.670  1.  The Legislature finds and declares as facts:

      (a) That the inspection of gaming devices, associated equipment, cashless wagering systems , mobile gaming systems and interactive gaming systems is essential to carry out the provisions of this chapter; and

      (b) That inspection of gaming devices, associated equipment, cashless wagering systems , mobile gaming systems and interactive gaming systems is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.

 


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ê2005 Statutes of Nevada, Page 722 (Chapter 219, AB 471)ê

 

is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.

      2.  The Board may inspect every gaming device which is manufactured, sold or distributed:

      (a) For use in this State, before the gaming device is put into play.

      (b) In this State for use outside this State, before the gaming device is shipped out of this State.

      3.  The Board may inspect every gaming device which is offered for play within this State by a licensee.

      4.  The Board may inspect all associated equipment, every cashless wagering system , every mobile gaming system and every interactive gaming system which is manufactured, sold or distributed for use in this State before the equipment or system is installed or used by a licensee and at any time while the licensee is using the equipment or system.

      5.  In addition to all other fees and charges imposed by this chapter, the Board may determine, charge and collect an inspection fee from each manufacturer, seller or distributor which must not exceed the actual cost of inspection and investigation.

      Sec. 21.  NRS 464.020 is hereby amended to read as follows:

      464.020  1.  The Nevada Gaming Commission is charged with the administration of this chapter for the protection of the public and in the public interest.

      2.  The Nevada Gaming Commission may issue licenses permitting the conduct of the pari-mutuel system of wagering, including off-track pari-mutuel wagering, and may adopt, amend and repeal regulations relating to the conduct of such wagering.

      3.  The wagering must be conducted only by the licensee at the times determined by the Nevada Gaming Commission and only:

      (a) Within the enclosure wherein the race or other sporting event which is the subject of the wagering occurs; or

      (b) Within a licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.

Ê This subsection does not prohibit a person licensed to accept, pursuant to regulations adopted by the Nevada Gaming Commission, off-track pari-mutuel wagers from accepting wagers made by wire communication from patrons within the State of Nevada, from other states in which such wagering is legal or from places outside the United States in which such wagering is legal.

      4.  The regulations of the Nevada Gaming Commission may include, without limitation:

      (a) Requiring fingerprinting of an applicant or licensee, or other method of identification.

      (b) Requiring information concerning an applicant’s antecedents, habits and character.

      (c) Prescribing the method and form of application which any applicant for a license issued pursuant to this chapter must follow and complete before consideration of his application by the Nevada Gaming Commission.

      (d) Prescribing the permissible communications technology and requiring the implementation of border control technology that will ensure that a person cannot place a wager with a race book in this State from another state or another location where placing such a wager is illegal.

 


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ê2005 Statutes of Nevada, Page 723 (Chapter 219, AB 471)ê

 

      5.  The Nevada Gaming Commission may appoint an Off-Track Pari-Mutuel Wagering Committee consisting of [nine] 11 persons who are licensed to engage in off-track pari-mutuel wagering. If the Commission appoints such a Committee, it shall appoint to the Committee:

      (a) Five members from a list of nominees provided by the State Association of Gaming Establishments whose members collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year;

      (b) [Two] Three members who, in the preceding year, paid gross revenue fees pursuant to NRS 463.370 in an amount that was less than the average amount of gross revenue fees paid by licensees engaged in off-track pari-mutuel wagering in the preceding year; and

      (c) [Two] Three other members.

Ê If a vacancy occurs in a position on the Committee for any reason, including, but not limited to, termination of a member, the Commission shall appoint a successor member who satisfies the same criteria in paragraph (a), (b) or (c) that applied to the member whose position has been vacated.

      6.  If the Nevada Gaming Commission appoints an Off-Track Pari-Mutuel Wagering Committee pursuant to subsection 5, the Commission shall:

      (a) Grant to the Off-Track Pari-Mutuel Wagering Committee the exclusive right to negotiate an agreement relating to off-track pari-mutuel wagering with:

             (1) A person who is licensed or otherwise permitted to operate a wagering pool in another state; and

             (2) A person who is licensed pursuant to chapter 464 of NRS as an operator of a system.

      (b) Require the Off-Track Pari-Mutuel Wagering Committee to grant to each person licensed pursuant to this chapter to operate an off-track pari-mutuel race pool the right to receive, on a fair and equitable basis, all services concerning wagering in such a race pool that the Committee has negotiated to bring into or provide within this State.

      7.  The Nevada Gaming Commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed pursuant to this chapter pertaining to and affecting the subject of the license.

      Sec. 22.  NRS 465.070 is hereby amended to read as follows:

      465.070  It is unlawful for any person:

      1.  To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players.

      2.  To place, increase or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing, increasing or decreasing a bet or determining the course of play contingent upon that event or outcome.

      3.  To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won.

 


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ê2005 Statutes of Nevada, Page 724 (Chapter 219, AB 471)ê

 

      4.  Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gambling game.

      5.  To place or increase a bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including past-posting and pressing bets.

      6.  To reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including pinching bets.

      7.  To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game.

      8.  To offer, promise or give anything of value to anyone for the purpose of influencing the outcome of a race, sporting event, contest or game upon which a wager may be made, or to place, increase or decrease a wager after acquiring knowledge, not available to the general public, that anyone has been offered, promised or given anything of value for the purpose of influencing the outcome of the race, sporting event, contest or game upon which the wager is placed, increased or decreased.

      9.  To change or alter the normal outcome of any game played on an interactive gaming system or a mobile gaming system or the way in which the outcome is reported to any participant in the game.

      Sec. 23.  NRS 465.094 is hereby amended to read as follows:

      465.094  The provisions of NRS 465.092 and 465.093 do not apply to a wager placed by a person for his own benefit or, without compensation, for the benefit of another that is accepted or received by, placed with, or sent, transmitted or relayed to:

      1.  A race book or sports pool that is licensed pursuant to chapter 463 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering;

      2.  A person who is licensed to engage in off-track pari-mutuel wagering pursuant to chapter 464 of NRS, if the wager is accepted or received within this State and otherwise complies with subsection 3 of NRS 464.020 and all other applicable laws and regulations concerning wagering; [or]

      3.  A person who is licensed to operate a mobile gaming system pursuant to chapter 463 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering; or

      4.  Any other person or establishment that is licensed to engage in wagering pursuant to title 41 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering.

      Sec. 24.  1.  This act becomes effective upon passage and approval.

      2.  Sections 17, 18 and 19 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

 


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ê2005 Statutes of Nevada, Page 725 (Chapter 219, AB 471)ê

 

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

CHAPTER 220, AB 475

Assembly Bill No. 475–Committee on Government Affairs

 

CHAPTER 220

 

AN ACT relating to general improvement districts; revising the requirements for providing notice of certain matters relating to a district; revising the provisions governing the compensation of members of the board of trustees of districts; authorizing the board of trustees of a district to adopt and enforce regulations regarding the date on which a charge for services provided by the district becomes delinquent; revising the provisions governing the merger, consolidation or dissolution of certain districts; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 318.020 is hereby amended to read as follows:

      318.020  As used in this chapter, unless the context otherwise requires:

      1.  “Acquisition,” “acquire” and “acquiring” each means acquisition, extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other acquisition, or any combination thereof.

      2.  “Board of trustees” and “board” alone each means the board of trustees of a district.

      3.  “FM radio” means a system of radio broadcasting by means of frequency modulation.

      4.  “General improvement district” and “district” alone each means any general improvement district organized or, in the case of organizational provisions, proposed to be organized, pursuant to this chapter.

      5.  “Mail” means a single mailing first class or its equivalent, postage prepaid, by deposit in the United States mails, at least 15 days before the designated time or event.

      6.  “Project” and “improvement” each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including, but not limited to, land, elements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.

      7.  “Publication” means publication [at least once a week for 3 consecutive weeks in at least one] once in a newspaper of general circulation in the district [. It is not necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication must be] at least 15 days before the designated time or event.

 


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ê2005 Statutes of Nevada, Page 726 (Chapter 220, AB 475)ê

 

of the week in each of the 3 calendar weeks, but the first publication must be] at least 15 days before the designated time or event.

      8.  “Qualified elector” means a person who has registered to vote in district elections.

      9.  “Special assessment district” means any local public improvement district organized within a general improvement district by the board of trustees of such general improvement district pursuant to this chapter.

      10.  “Trustees” means the members of a board.

      Sec. 2.  NRS 318.025 is hereby amended to read as follows:

      318.025  For the purpose of computing any period of time prescribed in this chapter, the first day of the [first publication, or other] designated action or time [, shall] must be excluded and the last day of the [last publication, or other] designated action or time [, shall] must be included.

      Sec. 3.  NRS 318.085 is hereby amended to read as follows:

      318.085  Except as otherwise provided in NRS 318.0953 and 318.09533:

      1.  After taking oaths and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.

      2.  The board shall adopt a seal.

      3.  The secretary shall keep, in a well-bound book, a record of all of the board’s proceedings, minutes of all meetings, any certificates, contracts, bonds given by employees and all corporate acts. This book must be open to inspection of all owners of real property in the district as well as to all other interested persons.

      4.  The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records. He shall file with the county clerk, at the expense of the district, a corporate surety bond in an amount not more than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of the duties of his office. Any other officer or trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection. The board of county commissioners may, upon good cause shown, increase or decrease the amount of that bond.

      5.  [Each] Except as otherwise provided in this subsection, each member of a board of trustees of a district organized or reorganized pursuant to this chapter may receive as compensation for his service not more than $6,000 per year . [,] Each member of a board of trustees of a district that is organized or reorganized pursuant to this chapter and which is granted the powers set forth in NRS 318.140, 318.142 and 318.144 may receive as compensation for his service not more than $9,000 per year. The compensation of the members of a board is payable monthly, if the budget is adequate and a majority of the members of the board vote in favor of such compensation, but no member of the board may receive any other compensation for his service to the district as an employee or otherwise. [A] Each member of the board [is not entitled to receive as compensation more than $1,800 per year if the additional compensation is approved during the term of the member.] must receive the same amount of compensation. If a majority of the members of the board vote in favor of an increase in the compensation of the trustees, the increase may not become effective until January 1 of the calendar year immediately following the next biennial election of the district as set forth in NRS 318.095.

 


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ê2005 Statutes of Nevada, Page 727 (Chapter 220, AB 475)ê

 

compensation of the trustees, the increase may not become effective until January 1 of the calendar year immediately following the next biennial election of the district as set forth in NRS 318.095.

      Sec. 4.  NRS 318.197 is hereby amended to read as follows:

      318.197  1.  The board may fix, and from time to time increase or decrease, electric energy, cemetery, swimming pool, other recreational facilities, television, FM radio, sewer, water, storm drainage, flood control, snow removal, lighting, garbage or refuse rates, tolls or charges other than special assessments, including, but not limited to, service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and pledge the revenue for the payment of any indebtedness or special obligations of the district.

      2.  Upon compliance with subsection 9 and until paid, all rates, tolls or charges constitute a perpetual lien on and against the property served. A perpetual lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments and is not subject to extinguishment by the sale of any property on account of nonpayment of any liens, claims and titles including the liens of general taxes and special assessments. A perpetual lien must be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any lien is foreclosed, the board shall hold a hearing thereon after providing notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his last known address according to the records of the district and the real property assessment roll in the county in which the property is located.

      3.  The board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.

      4.  The board may provide for the collection of charges. Provisions may be made for, but are not limited to:

      (a) The granting of discounts for prompt payment of bills.

      (b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 year’s charges from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which services and facilities are to be used. In case of nonpayment of all or part of a bill, the deposits or prepaid charges must be applied only insofar as necessary to liquidate the cumulative amount of the charges plus penalties and cost of collection.

      (c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.

      5.  The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty must not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty, the board may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. [On the first day of the calendar month following the date of payment specified in the bill the] The board may prescribe and enforce regulations that set forth the date on which a charge becomes delinquent . [if the bill or that portion thereof which is not in bona fide dispute remains unpaid.]

 


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ê2005 Statutes of Nevada, Page 728 (Chapter 220, AB 475)ê

 

dispute remains unpaid.] The board may provide for collection of the penalties provided for in this section.

      6.  The board may provide that charges for any service must be collected together with and not separately from the charges for any other service rendered by it, and that all charges must be billed upon the same bill and collected as one item.

      7.  The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by the person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by the person, firm or corporation pursuant to a contract is not paid and if the person, firm or corporation renders any public utility service to the person billed, the person, firm or corporation may discontinue its utility service until the bill is paid, and the contract between the board and the person, firm or corporation may so provide.

      8.  As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.

      9.  A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:

      (a) Mailed to the last known owner at his last known address according to the records of the district and the real property assessment roll of the county in which the property is located;

      (b) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;

      (c) Recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land; and

      (d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.

      Sec. 5.  NRS 318.490 is hereby amended to read as follows:

      318.490  1.  Except as otherwise provided in NRS 318.492, whenever a majority of the members of the board of county commissioners of any county deem it to be in the best interests of the county and of the district that the district be merged, consolidated or dissolved, [it] or if the board of trustees of a district, by resolution pursuant to subsection 3, agrees to such a merger, consolidation or dissolution, the board of county commissioners shall so determine by ordinance, after there is first found, determined and recited in the ordinance that:

      (a) All outstanding indebtedness and bonds of all kinds of the district have been paid or will be assumed by the resulting merged or consolidated unit of government.

      (b) The services of the district are no longer needed or can be more effectively performed by an existing unit of government.

      2.  The county clerk shall thereupon certify a copy of the ordinance to the board of trustees of the district and shall mail written notice to all property owners within the district in his county, containing the following:

      (a) The adoption of the ordinance;

 


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ê2005 Statutes of Nevada, Page 729 (Chapter 220, AB 475)ê

 

      (b) The determination of the board of county commissioners that the district should be dissolved, merged or consolidated; and

      (c) The time and place for hearing on the dissolution, merger or consolidation.

      3.  If a majority of the members of the board of county commissioners of a county deems it to be in the best interests of the county and of a district that was, on October 1, 2005, exercising powers pursuant to NRS 318.140, 318.142 and 318.144, that the district be merged, consolidated or dissolved, the board of county commissioners shall submit the question of the merger, consolidation or dissolution to the board of trustees of the district. If the board of trustees of the district, by resolution, does not agree to the merger, consolidation or dissolution within 90 days after the question was submitted to it, the district may not be merged, consolidated or dissolved.

________

 

CHAPTER 221, SB 218

Senate Bill No. 218–Senator Titus

 

CHAPTER 221

 

AN ACT relating to local governmental financial administration; prohibiting a local government from requiring the licensure of, or imposing a license tax upon, certain professionals; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.335 is hereby amended to read as follows:

      244.335  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, the board of county commissioners may:

      (a) Except as otherwise provided in NRS 598D.150, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

      (b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

      2.  The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.

      3.  The board of county commissioners or county license board shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of NRS 360.780.

 


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ê2005 Statutes of Nevada, Page 730 (Chapter 221, SB 218)ê

 

360.780. The county license board shall provide upon request an application for a business license pursuant to NRS 360.780. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060, or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his profession for any type of compensation as an employee.

      4.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

      5.  Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:

      (a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      6.  The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation for the exchange of information concerning taxpayers.

 


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ê2005 Statutes of Nevada, Page 731 (Chapter 221, SB 218)ê

 

the Department of Taxation for the exchange of information concerning taxpayers.

      Sec. 2.  NRS 266.355 is hereby amended to read as follows:

      266.355  1.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, the city council may:

      (a) Except as otherwise provided in NRS 598D.150, regulate all businesses, trades and professions.

      (b) Except as otherwise provided in NRS 576.128, fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      3.  The city council may license insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      4.  The city council shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060, or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his profession for any type of compensation as an employee.

      Sec. 3.  NRS 266.600 is hereby amended to read as follows:

      266.600  The city council may:

      1.  Control the finances of the corporation.

      2.  Appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation.

      3.  Levy and collect taxes within the city for general and special purposes on real and personal property, as provided by law.

      4.  Borrow money on the credit of the city for corporate purposes, in the manner and to the extent allowed by the constitution and the laws, and issue general obligations therefor, but no city may issue or have outstanding at any time bonds in an amount in excess of 30 percent of the total assessed valuation of the taxable property within such city as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 20 percent of the assessed valuation. This subsection does not restrict the power of cities as to taxation, assessment, borrowing money, contracting debts or loaning their credit for procuring supplies of water.

      5.  Secure additionally the payment of any general obligation securities by a pledge of any revenues, other than tax proceeds, legally available therefor.

      6.  Divide the city into districts for the purpose of local taxation, or create districts for that purpose, as occasion may require.

      7.  Except as otherwise provided in NRS 576.128 [,] and subsection 4 of NRS 266.355, raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and regulate it by ordinance. All such license fees and taxes must be uniform with respect to the class upon which they are imposed.

      8.  Fix the amount of licenses and the terms and manner of their issuance.

 


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ê2005 Statutes of Nevada, Page 732 (Chapter 221, SB 218)ê

 

      Sec. 4.  NRS 268.095 is hereby amended to read as follows:

      268.095  1.  [The] Except as otherwise provided in subsection 3, the city council or other governing body of each incorporated city in this State, whether organized under general law or special charter, may:

      (a) Except as otherwise provided in NRS 268.0968 and 576.128, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

      (b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

             (1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

             (4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

             (5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and

             (6) For constructing, purchasing or otherwise acquiring such recreational facilities.

      (c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general or special obligations issued by the city for a purpose authorized by the laws of this State.

      (d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:

             (1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the laws of this State;

             (2) For the expense of operating or maintaining, or both, any facilities of the city; and

             (3) For any other purpose for which other money of the city may be used.

      2.  The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as “pledged revenues” for the purposes of NRS 350.020.

      3.  The city council or other governing body of an incorporated city shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of NRS 360.780. The city licensing agency shall provide upon request an application for a business license pursuant to NRS 360.780. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060, or who is regulated pursuant to the Nevada Supreme Court Rules; and

 


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      (b) Practices his profession for any type of compensation as an employee.

      4.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

      5.  Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:

      (a) By recording in the office of the county recorder, within 6 months following the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      6.  The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation for the exchange of information concerning taxpayers.

      7.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

 


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      Sec. 5.  NRS 269.170 is hereby amended to read as follows:

      269.170  1.  Except as otherwise provided in subsection 5 and NRS 576.128 and 598D.150, the town board or board of county commissioners may , in any unincorporated town:

      (a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person so licensed, and all places of business and amusement so licensed, as follows:

             (1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.

             (2) Bootmakers, cobblers, dressmakers, milliners, shoemakers and tailors.

             (3) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.

             (4) Barrooms, gaming, manufacturers of liquors and other beverages, and saloons.

             (5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dance houses, melodeons, menageries, shooting galleries, skating rinks and theaters.

             (6) Corrals, hay yards, livery and sale stables and wagon yards.

             (7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies and water companies.

             (8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.

             (9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants, traders and stockbrokers.

             (10) Drummers, hawkers, peddlers and solicitors.

             (11) Insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      (b) Fix and collect a license tax upon all professions, trades or business within the town not specified in paragraph (a).

      2.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

      3.  Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.

      4.  The governing body or the county fair and recreation board may agree with the Department of Taxation for the continuing exchange of information concerning taxpayers.

 


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ê2005 Statutes of Nevada, Page 735 (Chapter 221, SB 218)ê

 

      5.  The town board or board of county commissioners shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060, or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his profession for any type of compensation as an employee.

      Sec. 6.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 222, SB 401

Senate Bill No. 401–Committee on Human Resources and Education

 

CHAPTER 222

 

AN ACT relating to public welfare; requiring the Department of Human Resources to contract for the provision of transportation services for recipients of Medicaid or recipients of services pursuant to the Children’s Health Insurance Program traveling to and returning from providers of services under the State Plan for Medicaid or the Children’s Health Insurance Program; exempting brokers of certain transportation services from certain provisions concerning the regulation and licensing of motor carriers; exempting common motor carriers and contract motor carriers that contract with the Department to provide such transportation services from the requirement of obtaining a certificate of public convenience and necessity to operate as a common motor carrier and the requirement of obtaining a permit to operate as a contract motor carrier; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall, to the extent authorized by federal law, contract with a common motor carrier, a contract motor carrier or a broker for the provision of transportation services to recipients of Medicaid or recipients of services pursuant to the Children’s Health Insurance Program traveling to and returning from providers of services under the State Plan for Medicaid or the Children’s Health Insurance Program.

      2.  The Director may adopt regulations concerning the qualifications of persons who may contract with the Department to provide transportation services pursuant to this section.

      3.  The Director shall:

      (a) Require each motor carrier that has contracted with the Department to provide transportation services pursuant to this section to submit proof to the Department of a liability insurance policy, certificate of insurance or surety which is substantially equivalent in form to and is in the same amount or in a greater amount than the policy, certificate or surety required by the Department of Motor Vehicles pursuant to NRS 706.291 for a similarly situated motor carrier; and

 


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ê2005 Statutes of Nevada, Page 736 (Chapter 222, SB 401)ê

 

the same amount or in a greater amount than the policy, certificate or surety required by the Department of Motor Vehicles pursuant to NRS 706.291 for a similarly situated motor carrier; and

      (b) Establish a program, with the assistance of the Transportation Services Authority of the Department of Business and Industry, to inspect the vehicles which are used to provide transportation services pursuant to this section to ensure that the vehicles and their operation are safe.

      4.  As used in this section:

      (a) “Broker” has the meaning ascribed to it in NRS 706.021.

      (b) “Common motor carrier” has the meaning ascribed to it in NRS 706.036.

      (c) “Contract motor carrier” has the meaning ascribed to it in NRS 706.051.

      Sec. 2.  NRS 422.240 is hereby amended to read as follows:

      422.240  1.  Money to carry out the provisions of NRS 422.001 to 422.410, inclusive, and section 1 of this act and 422.580, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide Temporary Assistance for Needy Families and the Program for Child Care and Development, must, except as otherwise provided in NRS 422.3755 to 422.379, inclusive, and 439.630, be provided by appropriation by the Legislature from the State General Fund.

      2.  Disbursements for the purposes of NRS 422.001 to 422.410, inclusive, and section 1 of this act and 422.580 must, except as otherwise provided in NRS 422.3755 to 422.379, inclusive, and 439.630, be made upon claims duly filed and allowed in the same manner as other money in the State Treasury is disbursed.

      Sec. 3.  NRS 706.158 is hereby amended to read as follows:

      706.158  The provisions of NRS 706.011 to 706.791, inclusive, relating to brokers do not apply to any person whom the Authority determines is:

      1.  A motor club which holds a valid certificate of authority issued by the Commissioner of Insurance; [or]

      2.  A bona fide charitable organization, such as a nonprofit corporation or a society, organization or association for educational, religious, scientific or charitable purposes [.] ; or

      3.  A broker of transportation services provided by an entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421.

      Sec. 4.  NRS 706.745 is hereby amended to read as follows:

      706.745  1.  The provisions of NRS 706.386 and 706.421 do not apply to [ambulances or hearses.] :

      (a) Ambulances;

      (b) Hearses; or

      (c) Common motor carriers or contract motor carriers that are providing transportation services pursuant to a contract with the Department of Human Resources entered into pursuant to section 1 of this act.

      2.  A common motor carrier that enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of:

      (a) Regular routes and fixed schedules;

 


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ê2005 Statutes of Nevada, Page 737 (Chapter 222, SB 401)ê

 

      (b) Nonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170, if the transportation is available upon request and without regard to regular routes or fixed schedules;

      (c) Nonmedical transportation of disabled persons without regard to regular routes or fixed schedules; or

      (d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

      3.  Under any agreement for a system of public transit that provides for the transportation of passengers that is described in subsection 2:

      (a) The public entity shall provide for any required safety inspections; or

      (b) If the public entity is unable to do so, the Authority shall provide for any required safety inspections.

      4.  In addition to the requirements of subsection 3, under an agreement for a system of public transit that provides for the transportation of passengers that is described in:

      (a) Paragraph (a) of subsection 2, the public entity shall establish the routes and fares.

      (b) Paragraph (c) or (d) of subsection 2, the common motor carrier:

             (1) May provide transportation to any passenger who can board a vehicle with minimal assistance from the operator of the vehicle.

             (2) Shall not offer medical assistance as part of its transportation service.

      5.  A nonprofit carrier of elderly or disabled persons is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.

      6.  An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transportation.

      7.  Before an incorporated city or a county enters into an agreement with a common motor carrier for a system of public transit that provides for the transportation of passengers that is described in paragraph (c) or (d) of subsection 2 in an area of the incorporated city or an area of the county, it must determine that:

      (a) There are no other common motor carriers of passengers who are authorized to provide such services in that area; or

      (b) Although there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 

CHAPTER 223, SB 219

Senate Bill No. 219–Senator Care

 

CHAPTER 223

 

AN ACT relating to traffic; authorizing the Department of Transportation and the governing body of a city or county to issue a permit to operate an oversized vehicle under certain circumstances; requiring certain regulations adopted by the governing body of a city or county relating to the issuance of permits for oversized vehicles to be consistent with regulations adopted by the Department; requiring the Department and certain governing bodies to establish an expedited procedure for issuing permits for oversized vehicles under certain circumstances; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 738 (Chapter 223, SB 219)ê

 

operate an oversized vehicle under certain circumstances; requiring certain regulations adopted by the governing body of a city or county relating to the issuance of permits for oversized vehicles to be consistent with regulations adopted by the Department; requiring the Department and certain governing bodies to establish an expedited procedure for issuing permits for oversized vehicles under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 1, 2005]

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.7631 is hereby amended to read as follows:

      484.7631  1.  [The] In a county whose population is less than 400,000, the Department of Transportation with respect to highways under its jurisdiction and the governing body of the county or a city [or] in the county with respect to [highways under its jurisdiction shall, upon application in writing,] roadways under the jurisdiction of the county or city may, upon request, issue a permit to operate a vehicle, or a vehicle with a load [, having a width exceeding] that exceeds the legal maximum width [but not exceeding 120 inches in width on a highway,] , length or height for the vehicle, unless the Department or governing body determines that the operation would be a safety hazard or would unduly impede the flow of traffic.

      2.  [The] In a county whose population is 400,000 or more:

      (a) If the operation of a vehicle specified in subsection 1 will not include operation on the state highway system established pursuant to chapter 408 of NRS, the governing body of the county and each city in the county may, upon request, issue a permit to operate the vehicle on a roadway in that city or county:

             (1) If the governing body has jurisdiction over the roadway at the point of origination of the route of the vehicle; and

             (2) Unless the governing body determines that the operation would be a safety hazard or would unduly impede the flow of traffic; or

      (b) If the operation of the vehicle will include operation on the state highway system established pursuant to chapter 408 of NRS, the Department of Transportation shall, upon request, issue a permit to operate the vehicle on a highway in that county, unless the Department of Transportation determines that the operation would be a safety hazard or would unduly impede the flow of traffic. A holder of a permit issued pursuant to this paragraph is not required to obtain a permit pursuant to paragraph (a) before operating the vehicle in accordance with the permit issued pursuant to this paragraph.

      3.  Before issuing a permit pursuant to subsection 2, the Department of Transportation or the governing body shall coordinate the issuance of the permit with each entity that will be affected by the issuance of the permit.

      4.  A governing body shall issue single-trip permits and annual permits pursuant to subsection 2 that are consistent, to the greatest extent practicable, with the regulations adopted by the Department of Transportation pursuant to subsection 5.

 


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ê2005 Statutes of Nevada, Page 739 (Chapter 223, SB 219)ê

 

practicable, with the regulations adopted by the Department of Transportation pursuant to subsection 5.

      5.  Except as otherwise provided in this section, the Department of Transportation with respect to highways under its jurisdiction and the governing body of a city or county with respect to [highways] roadways under its jurisdiction may adopt regulations providing for an annual permit or a permit for a single trip for a vehicle, or a vehicle with a load exceeding [120] 102 inches in width , 14 feet in height or 70 feet in length, and limiting the movement of the vehicle to certain hours of the day, days of the week or routes considered necessary to protect public safety. If the Department of Transportation and a governing body of a city or county adopt regulations pursuant to this section, the regulations adopted by the governing body must be consistent, to the greatest extent practicable, with the regulations adopted by the Department of Transportation.

      6.  The Department of Transportation and each governing body specified in subsection 2 shall:

      (a) Periodically meet with persons who represent industries that are affected by any regulations adopted by the Department of Transportation or the governing body relating to the issuance of permits pursuant to this section, including, but not limited to, regulations concerning fees for those permits;

      (b) At each meeting specified in paragraph (a), review and consider the regulations specified in that paragraph and any proposed amendments to the regulations; and

      (c) To the greatest extent practicable, ensure that the regulations are consistent.

      7.  The Department of Transportation and each governing body that issues a permit pursuant to subsection 2 shall, to the greatest extent practicable, establish an expedited procedure for issuing a permit for a vehicle or a vehicle with a load that does not exceed 15 feet in height or 110 feet in length:

      (a) Within 1 working day after the Department of Transportation or the governing body receives a request for the permit, if the vehicle or the vehicle with a load for which the permit is submitted has a width of 144 inches or less; or

      (b) Within 2 working days after the Department of Transportation or the governing body receives a request for the permit, if the vehicle or the vehicle with a load for which the permit is submitted has a width of more than 144 inches but not more than 168 inches.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 224, AB 510

Assembly Bill No. 510–Committee on Government Affairs

 

CHAPTER 224

 

AN ACT relating to governmental publications; requiring state agencies and local governments to provide the State Publications Distribution Center of the State Library and Archives with notification of and access to certain electronic documents; revising provisions governing depository agreements; revising the manner in which the Center provides notice of the titles of publications received by the Center; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 740 (Chapter 224, AB 510)ê

 

provides notice of the titles of publications received by the Center; and providing other matters properly relating thereto.

 

[Approved: June 2, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 378.160 is hereby amended to read as follows:

      378.160  As used in NRS 378.150 to 378.210, inclusive:

      1.  [“Print” means all forms of printing and duplicating other than by use of carbon paper.] “Center” means the State Publications Distribution Center created by NRS 378.170.

      2.  “Depository library” means a library with which the Center has entered into an agreement pursuant to NRS 378.190.

      3.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes the Nevada Rural Housing Authority.

      4.  “Publication” includes any information in any format or medium that is produced pursuant to the authority of or at the total or partial expense of a state agency or local government, is required by law to be distributed by a state agency or local government, or is distributed publicly by a state agency or local government outside that state agency or local government. The term does not include:

      (a) Nevada Revised Statutes with annotations;

      (b) Nevada Reports;

      (c) Bound volumes of the Statutes of Nevada;

      (d) Items published by the University of Nevada Press and other information disseminated by the University and Community College System of Nevada which is not designed for public distribution; or

      (e) Official state records scheduled for retention and disposition pursuant to NRS 239.080.

      5.  “State agency” includes the Legislature, constitutional officers or any department, division, bureau, board, commission or agency of the State of Nevada.

      [3.  “State publication” includes any document issued in print by any state agency and which may legally be released for public distribution, but does not include:

      (a) Nevada Revised Statutes with annotations;

      (b) Nevada Reports;

      (c) Bound volumes of the Statutes of Nevada;

      (d) Press items of the University and Community College System of Nevada which are not in the nature of public and other items for the University and Community College System of Nevada not designed for external distribution;

 


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ê2005 Statutes of Nevada, Page 741 (Chapter 224, AB 510)ê

 

      (e) Correspondence and intraoffice or interoffice communications which are not of vital interest to the public; or

      (f) Publications from established agencies which are required by federal and state law to be distributed to depositories which duplicate those under NRS 378.200.]

      Sec. 2.  NRS 378.180 is hereby amended to read as follows:

      378.180  1.  Every state agency shall [, upon release,] :

      (a) For each publication of the state agency that was published, printed or copied by the state agency itself or by a private printer, deposit with the Center, upon release, 12 copies of [each of its state publications which was not printed by the State Printing Division of the Department of Administration with the State Publications Distribution Center to meet the needs of the depository library system and to provide interlibrary loan service to those libraries without depository status.

      2.] the publication.

      (b) For each [item] publication printed for or on behalf of the state agency by the State Printing Division of the Department of Administration [, 12 additional copies must be printed by the Division, these to be collected by the State Publications Distribution Center and distributed to public libraries and libraries of the University and Community College System of Nevada within the State.

      3.  Every city, county and regional agency and every school district and special district] :

             (1) In addition to the number of copies otherwise required by the state agency, request the Division to print 12 copies of that publication; and

             (2) Deposit or request the Division to deposit those additional copies with the Center.

      2.  Every local government shall, upon release, deposit with the State Publications Distribution Center at least six copies of each of its publications . [and a list of its publications for a calendar year.]

      3.  Every state agency and local government shall, upon release of a publication in an electronic format or medium, notify the Center of such release and provide the Center with access to the publication.

      Sec. 3.  NRS 378.190 is hereby amended to read as follows:

      378.190  1.  The [State Publications Distribution] Center may enter into depository agreements with any [city, county, district, regional, town or university] library in this State [.] that is open and accessible to the general public.

      2.  The State Library and Archives Administrator shall establish standards for eligibility as a depository library pursuant to subsection 1. Such standards may include and take into account [:] , without limitation:

      (a) The type of library;

      (b) [Its] The ability of the library to preserve [such] publications and to make them available for public use; and

      (c) [Its] The geographical location [in order] of the library, to assure that the publications are conveniently accessible to residents in all areas of the State.

      Sec. 4.  NRS 378.200 is hereby amended to read as follows:

      378.200  1.  After receipt of any [state publications, the State Publications Distribution] publication from a state agency or local government pursuant to NRS 378.180, the Center shall distribute copies of [those publications as follows:

 


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ê2005 Statutes of Nevada, Page 742 (Chapter 224, AB 510)ê

 

government pursuant to NRS 378.180, the Center shall distribute copies of [those publications as follows:

      (a) One copy to the Legislative Counsel Bureau;

      (b) Two copies to the Library of Congress; and

      (c) Two copies to each depository library in this State.] that publication to depository libraries.

      2.  The Center shall retain sufficient copies in the State Library and Archives for preservation and use by the public. The remaining copies must be used for distribution in accordance with any agreements entered into with other states and the Library of Congress for the exchange of [state] publications, and for lending to those libraries [without depository status.] that are not depository libraries.

      Sec. 5.  NRS 378.210 is hereby amended to read as follows:

      378.210  The [State Publications Distribution] Center shall [periodically publish, and, upon request, distribute to all state agencies and contracting depository libraries a list of state publications.] make available on the Internet website of the State Library and Archives the titles of the publications received by the Center pursuant to NRS 378.180.

      Sec. 6.  NRS 345.060 is hereby amended to read as follows:

      345.060  1.  As used in this section, unless the context otherwise requires:

      (a) “Publication” has the meaning ascribed to it in NRS 378.160.

      (b) “State agency” [includes the Legislature, constitutional officers or any department, division, bureau, board, commission or agency of the State of Nevada.

      (b) “State publication”] has the meaning ascribed to it in [subsection 3 of] NRS 378.160.

      2.  Except as otherwise provided in subsection 3, every state agency which periodically distributes any [state] publication shall at least after every 12 issues , or annually if published more frequently than once a month , notify the person receiving the publication that his name will be deleted from the mailing list unless he notifies the state agency within 30 days that he wants to remain on the mailing list.

      3.  This section does not apply if the person subscribes to and pays a fee for the [state] publication.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 

CHAPTER 225, SB 276

Senate Bill No. 276–Committee on Commerce and Labor

 

CHAPTER 225

 

AN ACT relating to regulatory bodies; establishing a uniform disciplinary process for certain regulatory bodies which administer occupational licensing; revising certain provisions governing occupational licensing so they conform with the uniform disciplinary process; repealing certain provisions in the chapters governing occupational licensing so they conform with the uniform disciplinary process; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 2, 2005]

 


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ê2005 Statutes of Nevada, Page 743 (Chapter 225, SB 276)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 41, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  1.  “Contested case” and “case” have the meaning ascribed to “contested case” in NRS 233B.032.

      2.  A final decision of a regulatory body approving or denying an application for issuance or renewal of a license is not a contested case for the purposes of this chapter.

      Sec. 4.  “Employee” includes, without limitation, a person who has a contract to provide services as an independent contractor.

      Sec. 5.  “License” means any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

      Sec. 6.  “Licensee” means a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

      Sec. 7.  “Member of a regulatory body” means a person who is serving as a member or officer of a regulatory body.

      Sec. 8.  “Prosecutor” means any of the following:

      1.  The Attorney General or a deputy attorney general who prosecutes a contested case pursuant to this chapter;

      2.  If the Attorney General and his deputies are disqualified to act in such a matter, an attorney appointed by the Attorney General to prosecute a contested case pursuant to this chapter; or

      3.  If the regulatory body is authorized to employ or retain attorneys other than the Attorney General and his deputies, an attorney employed or retained by the regulatory body to prosecute a contested case pursuant to this chapter.

      Sec. 9.  “Records” means any records, files, books, documents, papers, information or data in any form.

      Sec. 10.  1.  “Regulatory body” means:

      (a) Any state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; and

      (b) Any officer of a state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.

      2.  The term does not include any regulatory body which is exempted from the provisions of this chapter pursuant to section 11 of this act, unless the regulatory body makes an election pursuant to that section to follow the provisions of this chapter.

      Sec. 11.  1.  The following regulatory bodies are exempted from the provisions of this chapter:

      (a) State Contractors’ Board.

      (b) State Board of Professional Engineers and Land Surveyors.

      (c) Nevada State Board of Accountancy.

      (d) Board of Medical Examiners.

      (e) Board of Dental Examiners of Nevada.

      (f) State Board of Nursing.

 


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      (g) Chiropractic Physicians’ Board of Nevada.

      (h) Nevada State Board of Optometry.

      (i) State Board of Pharmacy.

      (j) Board of Examiners for Marriage and Family Therapists.

      (k) Real Estate Commission, Real Estate Administrator and Real Estate Division of the Department of Business and Industry.

      (l) Commission of Appraisers of Real Estate.

      (m) Commissioner of Mortgage Lending and Division of Mortgage Lending of the Department of Business and Industry.

      (n) Commissioner of Financial Institutions and Division of Financial Institutions of the Department of Business and Industry.

      (o) State Board of Health and Health Division of the Department of Human Resources.

      2.  Any regulatory body which is exempted from the provisions of this chapter pursuant to subsection 1 may elect by regulation to follow the provisions of this chapter or any portion thereof.

      Sec. 12.  1.  The provisions of this chapter must be interpreted so as to effectuate their general purpose to make uniform among the regulatory bodies that are subject to the provisions of this chapter the procedures used to prosecute contested cases and take administrative action against a person who violates any law or regulation governing occupational licensing.

      2.  To the extent possible, the provisions of this chapter are intended to supplement other statutory provisions governing administrative procedure, occupational licensing and regulatory bodies, and such other provisions must be given effect to the extent that those provisions do not conflict with the provisions of this chapter. If there is a conflict between such other provisions and the provisions of this chapter, the provisions of this chapter control.

      Sec. 13.  1.  The provisions of this chapter do not affect or limit the authority of a regulatory body, at any stage of a contested case, to make an informal disposition of the contested case pursuant to subsection 5 of NRS 233B.121 or to enter into a consent or settlement agreement approved by the regulatory body pursuant to NRS 622.330.

      2.  The provisions of this chapter do not affect or limit the authority of a regulatory body to designate a panel of its members to hear a contested case pursuant to this chapter.

      Sec. 14.  1.  A person who provides a governmental entity, officer or employee with any information relating to a contested case is immune from any civil liability for providing that information if the person acted in good faith and without malicious intent.

      2.  A governmental entity, officer or employee is immune from any civil liability for:

      (a) Any decision or action taken in good faith and without malicious intent in carrying out the provisions of this chapter or any law or regulation governing occupational licensing; or

      (b) Communicating or cooperating with or providing any documents or other information to any other governmental entity, officer or employee conducting an investigation, disciplinary proceeding or civil or criminal prosecution.

 


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      Sec. 15.  1.  To initiate the prosecution of a contested case, the prosecutor shall file a charging document with the regulatory body and serve the licensee with the charging document.

      2.  The regulatory body shall determine whether the case will be heard by the regulatory body or a hearing panel or officer.

      3.  The regulatory body or hearing panel or officer shall provide the licensee with written notice of the case pursuant to NRS 233B.121 and 241.034.

      4.  If the case is heard by a hearing panel or officer, the hearing panel or officer shall follow the procedures established by this chapter and any other applicable statutory and regulatory provisions governing the case. The hearing panel or officer shall prepare written findings and recommendations and serve the findings and recommendations on the parties and the regulatory body for its review.

      5.  The findings and recommendations of the hearing panel or officer do not become final unless they are approved by the regulatory body after review. In reviewing the findings and recommendations of the hearing panel or officer, the regulatory body may:

      (a) Approve the findings and recommendations, with or without modification;

      (b) Reject the findings and recommendations and remand the case to the hearing panel or officer;

      (c) Reject the findings and recommendations and order a hearing de novo before the regulatory body; or

      (d) Take any other action that the regulatory body deems appropriate to resolve the case.

      6.  If the case is heard by the regulatory body, the regulatory body shall follow the procedures established by this chapter and any other applicable statutory and regulatory provisions governing the case.

      7.  The regulatory body or the hearing panel or officer, with the approval of the regulatory body, may consolidate two or more cases if it appears that the cases involve common issues of law or fact and the interests of the parties will not be prejudiced by the consolidation.

      Sec. 16.  1.  In any contested case against a licensee pursuant to this chapter, the licensee may appear on his own behalf or the licensee may be represented by:

      (a) An attorney licensed to practice law in this State; or

      (b) An attorney licensed to practice law in another state who is properly associated with an attorney licensed to practice law in this State and who provides a certificate of good standing from the licensing authority of the other state.

      2.  An attorney representing a licensee shall:

      (a) Ensure that his conduct complies with the Nevada Rules of Professional Conduct; and

      (b) Conform to all standards of ethical and courteous behavior required in the courts of this State.

      3.  An attorney may withdraw from his representation of a licensee upon notice to the licensee and the regulatory body or hearing panel or officer. The notice must include the reason for the requested withdrawal. The regulatory body or hearing panel or officer may deny the request if there may be an unreasonable delay in the case or the substantial rights of the licensee may be prejudiced.

 


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      4.  If the regulatory body or hearing panel or officer finds that an attorney has violated any provision of this section, the regulatory body or hearing panel or officer may bar the attorney from participating in the case or may impose such other sanctions as the regulatory body or hearing panel or officer deems appropriate.

      5.  A licensee is responsible for all costs related to the presentation of his defense.

      Sec. 17.  1.  After being served with the charging document, the licensee may, but is not required to, file an answer to the charging document. The licensee may file such an answer not later than 20 days after the date of service of the charging document.

      2.  The prosecutor may amend the charging document at any time before the hearing. If the prosecutor amends the charging document before the hearing, the prosecutor shall:

      (a) File the amended charging document with the regulatory body or hearing panel or officer; and

      (b) Serve the licensee with the amended charging document.

      3.  After being served with an amended charging document, the licensee may do any or all of the following:

      (a) File an answer to the amended charging document. The licensee may file such an answer not later than 20 days after the date of service of the amended charging document or not later than the date of the hearing, whichever date is sooner.

      (b) Move for a continuance of the hearing. The regulatory body or hearing panel or officer shall grant the continuance if the licensee demonstrates that:

             (1) The amendment materially alters the allegations in the charging document; and

             (2) The licensee does not have a reasonable opportunity to prepare a defense against the amended charging document before the date of the hearing.

      4.  The prosecutor may amend the charging document at the time of the hearing if the amendment is not considered material and the substantial rights of the licensee would not be prejudiced by the amendment.

      5.  The charging document, any amended charging document and any answer filed by the licensee must be made part of the record at the hearing.

      Sec. 18.  1.  At any time after being served with the charging document, the licensee may file with the regulatory body or hearing panel or officer a written discovery request for a copy of all documents and other evidence intended to be presented by the prosecutor in support of the case and a list of proposed witnesses.

      2.  The investigative file for the case is not discoverable unless the prosecutor intends to present materials from the investigative file as evidence in support of the case. The investigative file for the case includes all communications, records, affidavits or reports acquired or created as part of the investigation of the case, whether or not acquired through a subpoena related to the investigation of the licensee.

      3.  A party may not serve any interrogatories on another party or take any depositions relating to the case, unless permitted by the regulations of the regulatory body.

 


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      Sec. 19.  A party shall not communicate either directly or indirectly with any member of the regulatory body, any member of the hearing panel or the hearing officer about any issue of fact or law related to the case unless the communication:

      1.  Is part of a pleading, motion or other document that is properly filed and served on all parties; or

      2.  Occurs while all parties are present or occurs during a meeting or hearing for which all parties have been given proper notice, whether or not all parties are present at that meeting or hearing.

      Sec. 20.  1.  If a party fails to appear at a scheduled hearing and a continuance has not been scheduled or granted, any party who is present at the hearing may make an offer of proof that the absent party was given sufficient legal notice. Upon a determination by the regulatory body or hearing panel or officer that the absent party was given sufficient legal notice, the regulatory body or hearing panel or officer may proceed to consider and dispose of the case without the participation of the absent party.

      2.  If the licensee fails to appear at a hearing, the regulatory body or hearing panel or officer may accept the allegations against the licensee in the charging document as true.

      Sec. 21.  1.  Except as otherwise provided in this chapter or as permitted by the regulatory body or hearing panel or officer, to request a ruling from the regulatory body or hearing panel or officer on any issue of law or procedure in a case, a party must file a written motion with the regulatory body or hearing panel or officer.

      2.  A party may file only the following prehearing motions:

      (a) A motion requesting a continuance or an extension of time.

      (b) A motion requesting, for good cause, the recusal of the hearing officer, a member of the hearing panel or a member of the regulatory body from participation in the case.

      (c) A motion requesting the separation of consolidated cases.

      (d) A motion requesting a more definite statement regarding the allegations in the charging document on the ground that there is not enough information in the charging document to formulate a defense.

      (e) A motion requesting dismissal of the charging document for failure to state facts which, if true, would form a sufficient basis for discipline.

      (f) With leave of the regulatory body or hearing panel or officer, any other motion requesting appropriate action or relief before the date of the hearing.

      3.  A prehearing motion must be filed with the regulatory body or hearing panel or officer at least 10 days before the date of the hearing. A party who opposes the motion may file a response to the prehearing motion not later than 7 days after the date of service of the motion. Upon a showing of good cause, the regulatory body or hearing panel or officer may allow a party to file such a motion or response within such other times as the regulatory body or hearing panel or officer deems appropriate.

      4.  The regulatory body or hearing panel or officer shall rule on any prehearing motion before or on the date of the hearing. The regulatory body may authorize the president or chairman of the regulatory body to rule on any prehearing motion before the date of the hearing. The hearing panel may authorize the chairman or presiding officer of the hearing panel to rule on any prehearing motion before the date of the hearing.

 


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      5.  A party may file only the following motions after the commencement of the hearing:

      (a) After the prosecutor has concluded the presentation of his case in chief, a motion requesting dismissal of the charging document for failure of the prosecutor to meet his burden of proof.

      (b) With leave of the regulatory body or hearing panel or officer, any other motion requesting appropriate action or relief during the hearing.

      6.  A party may file only the motions set forth in section 24 of this act after the close of the hearing.

      Sec. 22.  1.  The prosecutor has the burden of proof in any hearing pursuant to this chapter. The standard of proof in such a hearing is substantial evidence.

      2.  Except as otherwise provided in this chapter, the regulatory body or hearing panel or officer is not bound by strict rules of procedure or rules of evidence when conducting the hearing, except that evidence must be taken and considered in the hearing pursuant to NRS 233B.123.

      3.  In any hearing pursuant to this chapter, the acts which constitute grounds for initiating disciplinary action against a licensee and the administrative penalties that may be imposed against a licensee are set forth in the occupational licensing chapter governing the licensee.

      4.  If requested by any party, the hearing or any portion of the hearing must be transcribed. The party making the request shall pay all costs for the transcription.

      Sec. 23.  1.  Except as otherwise provided in this section, in any hearing pursuant to this chapter, the hearing must proceed as follows:

      (a) The president or chairman of the regulatory body, the chairman or presiding officer of the hearing panel or the hearing officer shall call the hearing to order.

      (b) The parties and their representatives and the members of the regulatory body, the members of the hearing panel or the hearing officer must be introduced.

      (c) The regulatory body or hearing panel or officer shall consider any preliminary motions, stipulations or orders and shall address any administrative details regarding the hearing.

      (d) The regulatory body or hearing panel or officer:

             (1) Shall ask the parties if they want any witness excluded from the hearing;

             (2) Shall instruct any witness who is excluded from the hearing not to discuss the case during the course of the hearing;

             (3) Shall allow the licensee to remain in the hearing;

             (4) Shall allow any person who acts as both a representative of the prosecutor and a witness in the hearing to remain in the hearing; and

             (5) May, on its own motion, exclude any witness from the hearing.

      (e) The prosecutor may make an opening statement. After the prosecutor has had the opportunity to make an opening statement, the licensee may make an opening statement. The regulatory body or hearing panel or officer may limit equally the time of the opening statement of each party.

      (f) The prosecutor may present his case by presenting evidence and calling witnesses in the following manner:

             (1) The witness must be sworn in.

             (2) The prosecutor may directly examine the witness.

 


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             (3) The licensee may cross-examine the witness.

             (4) If requested, the prosecutor may question the witness on redirect examination.

             (5) If requested, the licensee may question the witness on recross-examination.

      (g) After the prosecutor has had the opportunity to present his case, the licensee may present his case by presenting evidence and calling witnesses in the following manner:

             (1) The witness must be sworn in.

             (2) The licensee may directly examine the witness.

             (3) The prosecutor may cross-examine the witness.

             (4) If requested, the licensee may question the witness on redirect examination.

             (5) If requested, the prosecutor may question the witness on recross-examination.

      (h) A member of the regulatory body, a member of the hearing panel or the hearing officer may question a witness at any time during the hearing. If a witness is questioned by a member of the regulatory body, a member of the hearing panel or the hearing officer, the party who called the witness may request permission to ask further questions, limited to the area addressed by the member or hearing officer. When that party has asked those questions, the other party may request permission to ask further questions, limited to the area addressed by the member or hearing officer.

      (i) After the prosecutor and licensee have presented their cases, the regulatory body or hearing panel or officer may allow the prosecutor and licensee to call rebuttal witnesses. If the prosecutor or licensee, or both, call one or more rebuttal witnesses, each rebuttal witness must be sworn in and questioned in the same manner as provided in paragraph (f) or (g), as appropriate.

      (j) The prosecutor may make a closing argument. After the prosecutor has had the opportunity to make a closing argument, the licensee may make a closing argument. The regulatory body or hearing panel or officer may limit equally the time of the closing argument of each party. If the licensee makes a closing argument, the prosecutor may make a final closing argument. The regulatory body or hearing panel or officer may limit the time of the final closing argument.

      (k) If allowed by the regulatory body or hearing panel or officer, either party may recommend specific disciplinary action to the regulatory body or hearing panel or officer at the appropriate time.

      (l) After the close of the hearing, the regulatory body or hearing panel or officer shall deliberate and reach a decision. Not later than 60 days after the close of the hearing:

             (1) If the hearing was conducted by the hearing panel or officer, the hearing panel or officer shall prepare written findings and recommendations and serve the findings and recommendations on the parties and the regulatory body for its review.

             (2) If the hearing was conducted by the regulatory body, the regulatory body shall prepare a final decision in the manner provided in NRS 233B.125.

 


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      2.  The regulatory body or hearing panel or officer may deviate from the order of the hearing set forth in subsection 1 if the regulatory body or hearing panel or officer:

      (a) Upon a showing of good cause, deems it appropriate; or

      (b) Deems it necessary to expedite or ensure the fairness of the hearing.

      Sec. 24.  1.  After the close of the hearing, a party may file only the following motions:

      (a) A motion requesting a rehearing.

      (b) A motion requesting reconsideration of the findings and recommendations of the hearing panel or officer or the final decision of the regulatory body.

      (c) A motion requesting that the final decision of the regulatory body be vacated or modified.

      (d) With leave of the regulatory body or hearing panel or officer, any other motion requesting appropriate action or relief after the close of the hearing.

      2.  A motion requesting a rehearing or reconsideration must be filed with:

      (a) The hearing panel or officer not later than 15 days after the date of service of the findings and recommendations of the hearing panel or officer.

      (b) The regulatory body not later than 15 days after the date of service of the final decision of the regulatory body.

      3.  A party who opposes the motion may file a response to the motion not later than 7 days after the date of service of the motion.

      4.  The regulatory body may authorize the president or chairman of the regulatory body to rule on the motion. The hearing panel may authorize the chairman or presiding officer of the hearing panel to rule on the motion.

      5.  A motion requesting a rehearing or reconsideration may be based only on one of the following grounds:

      (a) Newly discovered or available evidence.

      (b) Error in the hearing or in the findings and recommendations or the decision that would be grounds for reversal of the findings and recommendations or the decision.

      (c) The need in the public interest for further consideration of the issues or evidence, or both.

      6.  The regulatory body or hearing panel or officer shall enter an order ruling on the motion requesting a rehearing or reconsideration not later than 25 days after the date on which the motion is filed. A copy of the order must be served on each party. The regulatory body or hearing panel or officer may:

      (a) Deny the motion;

      (b) Order a rehearing or partial rehearing;

      (c) Order reconsideration of the findings and recommendations or the decision; or

      (d) Direct other proceedings as the regulatory body or hearing panel or officer deems appropriate.

      7.  If the regulatory body or hearing panel or officer orders a rehearing, the rehearing must be confined to the issues upon which the rehearing was ordered.

 


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      Sec. 25.  1.  Except as otherwise provided in the Constitution of this State, a party may not seek any type of judicial intervention or review of a contested case until after the contested case results in a final decision of the regulatory body.

      2.  Except as otherwise provided in this section, a party may seek judicial review of a final decision of the regulatory body in accordance with the provisions of chapter 233B of NRS that apply to a contested case.

      3.  Notwithstanding the provisions of subsection 1 of NRS 233B.131 regarding transmittal of the record of the proceeding under judicial review:

      (a) The party filing the petition for judicial review shall provide an original or certified copy of the transcript of the hearing to the reviewing court; and

      (b) The regulatory body shall provide an original or certified copy of the remainder of the record of the proceeding under review to the reviewing court.

      Sec. 26.  1.  If a regulatory body revokes the license of a person in a contested case pursuant to this chapter, the regulatory body shall, in the final decision of the regulatory body ordering the revocation, prescribe a period during which the person may not apply for reinstatement of the license. The period must not be less than 1 year and not more than 10 years.

      2.  In addition to any other requirements set forth in the applicable occupational licensing chapter, if a person applies for reinstatement of a license that has been revoked in a contested case pursuant to this chapter, the person shall:

      (a) Submit an application on a form supplied by the regulatory body.

      (b) Satisfy all the current requirements for the issuance of an initial license.

      (c) Attest that, in this State or any other jurisdiction:

             (1) The person has not, during the period of revocation, violated any state or federal law governing the practice of the licensed occupation or profession or any related occupation or profession, and no criminal or civil action involving such a violation is pending against the person; and

             (2) No other regulatory body having jurisdiction over the practice of the licensed occupation or profession or any related occupation or profession has, during the period of revocation, taken disciplinary action against the person, and no such disciplinary action is pending against the person.

      (d) Satisfy any additional requirements for reinstatement of the license prescribed by the regulatory body.

      3.  The regulatory body shall consider each application for reinstatement of a license submitted pursuant to this section. In determining whether to reinstate the license, the regulatory body shall consider the following criteria:

      (a) The severity of the act resulting in the revocation of the license.

      (b) The conduct of the person after the revocation of the license.

      (c) The amount of time elapsed since the revocation of the license.

      (d) The veracity of the attestations made by the person pursuant to subsection 2.

 


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      (e) The degree of compliance by the person with any additional requirements for reinstatement of the license prescribed by the regulatory body.

      (f) The degree of rehabilitation demonstrated by the person.

      4.  If the regulatory body reinstates the license, the regulatory body may place any conditions, limitations or restrictions on the license as it deems necessary.

      5.  The regulatory body may deny reinstatement of the license if the person fails to comply with any provisions of this section.

      6.  The regulatory body’s denial of reinstatement of the license is not a contested case for the purposes of judicial review.

      Secs. 27-41.  (Deleted by amendment.)

      Sec. 41.5.  NRS 622.060 is hereby amended to read as follows:

      622.060  “Regulatory body” means:

      1.  Any state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; and

      2.  Any officer of [an] a state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.

      Sec. 42.  NRS 623.131 is hereby amended to read as follows:

      623.131  1.  Except as otherwise provided in [subsections 2, 3 and 4,] this section, the records of the Board which relate to [:

      (a) An] an employee of the Board [;

      (b) An] or an examination given by the Board [; or

      (c) Complaints and charges filed with the Board and the material compiled as a result of its investigation of those complaints and charges,

Ê] are confidential.

      2.  The records described in [subsection 1] this section may be disclosed, pursuant to procedures established by regulation of the Board, to a court or an agency of the Federal Government, any state, any political subdivision of this State [,] or any other related professional board or organization.

      3.  [The complaint or other document filed by] Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      [4.] 5.  The Board may report to other related professional boards and organizations an applicant’s score on an examination given by the Board.

      6.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 43.  NRS 623.270 is hereby amended to read as follows:

      623.270  1.  The Board may place the holder of any certificate of registration issued pursuant to the provisions of this chapter on probation, publicly reprimand him, fine him not more than $10,000, suspend or revoke his license, impose the costs of investigation and prosecution upon him or take any combination of these disciplinary actions, [if proof satisfactory to the Board is presented that:] for any of the following acts:

 


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publicly reprimand him, fine him not more than $10,000, suspend or revoke his license, impose the costs of investigation and prosecution upon him or take any combination of these disciplinary actions, [if proof satisfactory to the Board is presented that:] for any of the following acts:

      (a) The certificate was obtained by fraud or concealment of a material fact.

      (b) The holder of the certificate has been found guilty by the Board or by a court of justice of any fraud, deceit or concealment of a material fact in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.

      (c) The holder of the certificate has been found guilty by the Board of incompetency, negligence or gross negligence in:

             (1) The practice of architecture or residential design; or

             (2) His practice as a registered interior designer.

      (d) The holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his responsible control, or has permitted the use of his name to assist any person who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.

      (e) The holder of a certificate has aided or abetted any unauthorized person to practice:

             (1) Architecture or residential design; or

             (2) As a registered interior designer.

      (f) The holder of the certificate has violated any law, regulation or code of ethics pertaining to:

             (1) The practice of architecture or residential design; or

             (2) Practice as a registered interior designer.

      (g) The holder of a certificate has failed to comply with an order issued by the Board or has failed to cooperate with an investigation conducted by the Board.

      2.  The conditions for probation imposed pursuant to the provisions of subsection 1 may include, but are not limited to:

      (a) Restriction on the scope of professional practice.

      (b) Peer review.

      (c) Required education or counseling.

      (d) Payment of restitution to each person who suffered harm or loss.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      4.  The Board shall not privately reprimand the holder of any certificate of registration issued pursuant to this chapter.

      5.  As used in this section:

      (a) “Gross negligence” means conduct which demonstrates a reckless disregard of the consequences affecting the life or property of another person.

      (b) “Incompetency” means conduct which, in:

             (1) The practice of architecture or residential design; or

             (2) Practice as a registered interior designer,

Ê demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.

      (c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members in:

 


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             (1) The profession of architecture or residential design; or

             (2) Practice as a registered interior designer.

      Sec. 44.  NRS 623.290 is hereby amended to read as follows:

      623.290  [If the guilt of the accused is established in the opinion of the majority of the Board, the Secretary shall make proper entry in the record of its proceedings, stating the findings of the Board and the penalty, if any.] If the registration of an architect, registered interior designer or residential designer is suspended or revoked, or he is given a written reprimand, notation of the penalty must be entered in the register of architects, register of registered interior designers or register of residential designers and in his personnel file. Notification of the suspension, revocation or written reprimand must be sent to the National Council of Architectural Registration Boards or the National Council for Interior Design Qualification, as appropriate. [The Secretary shall give notice in writing of the decision and penalty to the holder of the certificate.]

      Sec. 45.  NRS 623.300 is hereby amended to read as follows:

      623.300  [At any time after 1 year from the date of revocation of] If the Board revokes a certificate of registration, [and upon the payment of all costs incurred by the Board as a result of the case at issue by] the person whose certificate has been revoked [, that person may make application to the Board for a new certificate, and the Board, at its discretion and upon evidence which in its opinion would warrant the granting of a new certificate, may issue a new certificate.] may apply for reinstatement of the certificate pursuant to the provisions of sections 2 to 41, inclusive, of this act.

      Sec. 46.  NRS 623.310 is hereby amended to read as follows:

      623.310  The Board shall, by regulation, adopt a fee schedule which may not exceed the following:

 

For an examination for a certificate............................................. $800.00

For rewriting an examination or a part or parts failed.................. 800.00

For a processing fee for an examination for registration as an architect       50.00

For a certificate of registration.......................................................... 125.00

For a temporary certificate of registration...................................... 500.00

For initial registration or renewal of registration............................ 300.00

For the late renewal of an expired certificate within 1 year after its expiration  220.00

For the late renewal of a certificate which has been expired for more than 1 year but not more than 3 years     300.00

For the [restoration] reinstatement of a revoked certificate....... 500.00

For change of address............................................................................. 5.00

For replacement of a certificate.......................................................... 30.00

For application forms........................................................................... 25.00

For photostatic copies, each sheet .............................................. [.25] 0.25

      Sec. 47.  NRS 623.335 is hereby amended to read as follows:

      623.335  In addition to any other immunity provided by the provisions of sections 2 to 41, inclusive, of this act:

      1.  Any person who furnishes information concerning an applicant for registration or a holder of a certificate of registration in good faith and without malicious intent is immune from any civil action for furnishing that information.

 


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ê2005 Statutes of Nevada, Page 755 (Chapter 225, SB 276)ê

 

      2.  The Board, any member, employee or committee of the Board, counsel, investigator, expert, hearing officer, registrant or other person who assists the Board in the investigation or prosecution of an alleged violation of a provision of this chapter, a proceeding concerning licensure or reissuance of a license or a criminal prosecution is immune from any civil liability for:

      (a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the Board.

      (b) Disseminating information concerning an applicant for registration or a registrant to any other licensing board, national association of registered boards, an agency of the Federal Government or of the State, the Attorney General or any law enforcement agency.

      Sec. 48.  NRS 623.365 is hereby amended to read as follows:

      623.365  In addition to any other civil penalty provided by law, a person who violates any provision of this chapter or any regulation adopted by the Board is subject to a civil penalty of not more than $10,000 for each violation. Any such penalty must be imposed by the Board at a hearing [for which written notice has been given not less than 30 days before the hearing.] conducted pursuant to the provisions of sections 2 to 41, inclusive, of this act.

      Sec. 49.  (Deleted by amendment.)

      Sec. 50.  NRS 623A.140 is hereby amended to read as follows:

      623A.140  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may:

      1.  Grant or refuse certificates after examination and revoke or suspend a certificate or take any other disciplinary action set forth in NRS 623A.270 for any of the causes specified in this chapter.

      2.  Take depositions and issue subpoenas for the purpose of any hearing authorized by this chapter.

      3.  Establish reasonable educational requirements for applicants.

      4.  Establish requirements for approval of schools of landscape architecture.

      Sec. 51.  NRS 623A.150 is hereby amended to read as follows:

      623A.150  1.  All money coming into the possession of the Board must be kept or deposited by the Executive Director in an account in a bank, credit union or savings and loan association in this State.

      2.  Except as otherwise provided in subsection 6, all money collected by the Board must be used to pay the expenses of:

      (a) Examinations and the issuance of certificates of registration and certificates to practice as a landscape architect intern; and

      (b) Conducting the business of the Board.

      3.  The expenses, including the per diem allowances and travel expenses of the members and employees of the Board while engaged in the business of the Board and the expenses to conduct examinations, must be paid from the current receipts. No portion thereof may be paid from the State Treasury.

      4.  Any balance remaining in excess of the expenses incurred may be retained by the Board and used to defray the future expenses of the Board.

      5.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to the provisions of this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in an account maintained by the Board in a bank, credit union or savings and loan association specified in subsection 1.

 


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ê2005 Statutes of Nevada, Page 756 (Chapter 225, SB 276)ê

 

      6.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to the provisions of subsection 5 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 52.  NRS 623A.280 is hereby amended to read as follows:

      623A.280  1.  The following acts, among others, constitute cause for disciplinary action : [if proof satisfactory to the Board is presented that:]

      (a) A holder of a certificate of registration has signed or sealed instruments of service which were not prepared by him or under his direct supervision.

      (b) A holder of a certificate of registration has permitted the use of his signature or seal by another person to evade the provisions of this chapter or any regulation adopted by the Board.

      (c) A holder of a certificate of registration has not signed, sealed or dated instruments of service prepared by him.

      (d) A holder of a certificate of registration or certificate to practice as a landscape architect intern impersonates a landscape architect or landscape architect intern of the same or similar name.

      (e) A holder of a certificate of registration or certificate to practice as a landscape architect intern practices under an assumed, fictitious or corporate name.

      (f) A holder of a certificate of registration or certificate to practice as a landscape architect intern practices landscape architecture in violation of the provisions of this chapter or any regulation adopted by the Board.

      (g) A holder of a certificate of registration or certificate to practice as a landscape architect intern has obtained his certificate of registration or certificate to practice as a landscape architect intern by fraud or misrepresentation.

      (h) A holder of a certificate of registration or certificate to practice as a landscape architect intern is guilty of fraud or deceit in the practice of landscape architecture.

      (i) A holder of a certificate of registration or certificate to practice as a landscape architect intern is guilty of incompetency, negligence or gross negligence.

      (j) A holder of a certificate of registration or certificate to practice as a landscape architect intern is convicted of or enters a plea of nolo contendere to any crime an essential element of which is dishonesty or which is directly related to the practice of landscape architecture.

      (k) A holder of a certificate of registration or certificate to practice as a landscape architect intern is guilty of aiding or abetting any person in the violation of the provisions of this chapter or any regulation adopted by the Board.

      (l) A person practices as a landscape architect with a certificate of registration or certificate to practice as a landscape architect intern that has expired or has been suspended or revoked.

      (m) A holder of a certificate of registration or certificate to practice as a landscape architect intern is disciplined by an agency of another state or foreign country which regulates the practice of landscape architecture and at least one of the grounds for the disciplinary action taken is a ground for disciplinary action pursuant to the provisions of this chapter.

 


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ê2005 Statutes of Nevada, Page 757 (Chapter 225, SB 276)ê

 

      (n) A holder of a certificate of registration or certificate to practice as a landscape architect intern fails to comply with an order issued by the Board or to cooperate in an investigation conducted by the Board.

      2.  As used in this section:

      (a) “Gross negligence” means conduct that demonstrates a reckless disregard of the consequences affecting the life or property of another person.

      (b) “Incompetency” means conduct that, in the practice of landscape architecture, demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.

      (c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members in the practice of landscape architecture.

      Sec. 53.  NRS 623A.305 is hereby amended to read as follows:

      623A.305  1.  When a complaint is filed with the Executive Director of the Board, it must be considered by the President of the Board or a member of the Board designated by him. If it appears to the President or the person designated by him that further proceedings are warranted, he shall report the results of his investigation together with his recommendation to the Board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

      2.  The Board shall promptly make a determination with respect to each complaint reported to it by the President or a person designated by him and shall dismiss the complaint or [cause written notice of the charges in the complaint and the date fixed for the hearing to be served upon the person.] proceed with disciplinary action pursuant to sections 2 to 41, inclusive, of this act.

      Sec. 54.  NRS 623A.351 is hereby amended to read as follows:

      623A.351  In addition to any other immunity provided by the provisions of sections 2 to 41, inclusive, of this act:

      1.  Any person who, in good faith and without malicious intent, provides information concerning a holder of a certificate of registration or certificate to practice as a landscape architect intern or an applicant for a certificate of registration or certificate to practice as a landscape architect intern is immune from any civil action for providing that information.

      2.  Any person who assists the Board in the investigation or prosecution of an alleged violation of a provision of this chapter, a proceeding concerning the issuance or renewal of a certificate of registration or certificate to practice as a landscape architect intern or a criminal prosecution is immune from any civil liability for:

      (a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the Board; and

      (b) Disseminating information concerning a holder of a certificate of registration or certificate to practice as a landscape architect intern or an applicant for a certificate of registration or certificate to practice as a landscape architect intern to:

             (1) Any other licensing board;

             (2) A national association of registered boards;

             (3) An agency of this State or the Federal Government;

             (4) The Attorney General; or

             (5) Any law enforcement agency.

 


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ê2005 Statutes of Nevada, Page 758 (Chapter 225, SB 276)ê

 

      Sec. 55.  NRS 623A.353 is hereby amended to read as follows:

      623A.353  1.  Except as otherwise provided in this section, a record of the Board that relates to [:

      (a) An] an employee of the Board [;

      (b) An] or an examination administered by the Board [; or

      (c) A complaint filed with the Board and any information obtained as a result of its investigation of the complaint,

Ê] is confidential.

      2.  [A record specified in subsection 1] The records described in this section may be disclosed, pursuant to procedures established by regulation of the Board, to:

      (a) A court;

      (b) An agency of the Federal Government;

      (c) Another state;

      (d) A political subdivision of this State; or

      (e) Any other related professional board or organization.

      3.  [Upon completion of an investigation by the Board, any record of the Board specified in paragraph (c) of subsection 1 is a public record only if:

      (a) Disciplinary action is imposed by the Board as a result of the investigation; or

      (b) The person who was the subject of the investigation submits a written statement to the Board requesting that the record be made a public record.

      4.]  The Board may report to any other related professional board and organization the score of an applicant on an examination administered by the Board.

      4.  Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      5.  The charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      6.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 56.  NRS 623A.365 is hereby amended to read as follows:

      623A.365  1.  In addition to any other penalty provided by law, a person who violates any provision of this chapter or any regulation adopted by the Board is subject to a civil penalty of not more than $5,000 for each violation. Any such penalty must be imposed by the Board at a hearing [for which notice has been given] conducted pursuant to [NRS 623A.305.] the provisions of sections 2 to 41, inclusive, of this act.

      2.  If a person does not pay a civil penalty imposed pursuant to subsection 1 within 60 days after the order of the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

 


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ê2005 Statutes of Nevada, Page 759 (Chapter 225, SB 276)ê

 

      Sec. 57.  NRS 625A.180 is hereby amended to read as follows:

      625A.180  1.  If the Board finds after notice and a hearing [,] as required by law, or after providing an opportunity for such a hearing, that disciplinary action is necessary, it may by order:

      (a) Place the environmental health specialist on probation for a specified period or until further order of the Board;

      (b) Administer a public reprimand; or

      (c) Suspend or revoke his certificate.

      2.  If the order places an environmental health specialist on probation, the Board may impose such limitations or conditions upon his professional activities as it finds consistent to protect the public health.

      3.  The Board shall not administer a private reprimand.

      4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 58.  NRS 625A.185 is hereby amended to read as follows:

      625A.185  1.  Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The [complaint or other document filed by] charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 59.  NRS 625A.190 is hereby amended to read as follows:

      625A.190  1.  Upon denial of an application for registration , [or renewal of a certificate , or other disciplinary action,] the Board shall give the person written notice of its decision mailed to him at his last known address by certified mail, return receipt requested. The notice must:

      (a) State the reason for the denial ; [or disciplinary action;] and

      (b) Inform the person that he has the right to a hearing before the Board.

      2.  A written request for a hearing must be filed with the Board within 30 days after the notice is mailed. If a hearing is requested, the Board shall set a time and place for a formal hearing and notify the person of the time and place set for the hearing. The Board shall hold the hearing at the time and place designated in the notice.

      Secs. 60-74.  (Deleted by amendment.)

      Sec. 75.  NRS 630A.155 is hereby amended to read as follows:

      630A.155  The Board shall:

      1.  Regulate the practice of homeopathic medicine in this State and any activities that are within the scope of such practice, to protect the public health and safety and the general welfare of the people of this State.

      2.  Determine the qualifications of, and examine, applicants for licensure or certification pursuant to this chapter, and specify by regulation the methods to be used to check the background of such applicants.

 


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ê2005 Statutes of Nevada, Page 760 (Chapter 225, SB 276)ê

 

      3.  License or certify those applicants it finds to be qualified.

      4.  Investigate [,] and, if required, hear and decide in a manner consistent with the provisions of sections 2 to 41, inclusive, of this act all complaints made against any homeopathic physician, advanced practitioner of homeopathy, homeopathic assistant or any agent or employee of any of them, or any facility where the primary practice is homeopathic medicine. If a complaint concerns a practice which is within the jurisdiction of another licensing board, including, without limitation, spinal manipulation, surgery, nursing or allopathic medicine, the Board shall refer the complaint to the other licensing board.

      Sec. 76.  NRS 630A.160 is hereby amended to read as follows:

      630A.160  1.  Out of the money coming into the possession of the Board, each member of the Board is entitled to receive:

      (a) A salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  Expenses of the Board and the expenses and salaries of the members and employees of the Board must be paid from the fees received by the Board pursuant to the provisions of this chapter. Except as otherwise provided in subsection 6, no part of the salaries or expenses of the members of the Board may be paid out of the State General Fund.

      4.  All money received by the Board must be deposited in financial institutions in this State that are federally insured or insured by a private insurer approved pursuant to NRS 678.755.

      5.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines, court costs and attorney’s fees therefor and deposit the money therefrom in financial institutions in this State that are federally insured or insured by a private insurer approved pursuant to NRS 678.755.

      6.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5, the Board shall deposit the money collected from the imposition of administrative fines, court costs and attorney’s fees with the State Treasurer for credit to the State General Fund. The Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 77.  NRS 630A.210 is hereby amended to read as follows:

      630A.210  1.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may hold hearings and conduct investigations relating to its duties under this chapter and take evidence on any matter under inquiry before the Board. The Secretary-Treasurer of the Board or, in his absence, any member of the Board may administer oaths to any witness appearing before the Board. The Secretary-Treasurer or President of the Board may issue subpoenas to compel the attendance of witnesses and the production of books, medical records, X-ray photographs and other papers.

 


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ê2005 Statutes of Nevada, Page 761 (Chapter 225, SB 276)ê

 

attendance of witnesses and the production of books, medical records, X-ray photographs and other papers. The Secretary-Treasurer, President or other officer of the Board shall sign the subpoena on behalf of the Board.

      2.  If any person fails to comply with a subpoena issued by the Board, the Secretary-Treasurer or President of the Board may petition the district court for an order of the court compelling compliance with the subpoena.

      3.  Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not complied with the subpoena. A certified copy of the order must be served upon that person.

      4.  If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person must be dealt with as for contempt of court.

      Sec. 78.  NRS 630A.295 is hereby amended to read as follows:

      630A.295  The Board shall adopt regulations:

      1.  Specifying the training, education and experience necessary for certification as an advanced practitioner of homeopathy.

      2.  Delineating the authorized scope of practice of an advanced practitioner of homeopathy.

      3.  Establishing the procedure for application for certification as an advanced practitioner of homeopathy.

      4.  Establishing the duration, renewal and termination of certificates for advanced practitioners of homeopathy.

      5.  Establishing requirements for the continuing education of advanced practitioners of homeopathy.

      6.  Delineating the grounds [and procedures] respecting disciplinary actions against advanced practitioners of homeopathy.

      Sec. 79.  NRS 630A.299 is hereby amended to read as follows:

      630A.299  The Board shall adopt regulations regarding the certification of a homeopathic assistant, including, but not limited to:

      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

      3.  The procedures for applications for and the issuance of certificates.

      4.  The tests or examinations of applicants by the Board.

      5.  The medical services which a homeopathic assistant may perform, except that he may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians, optometrists or hearing aid specialists under chapter 631, 634, 635, 636 or 637A, respectively, of NRS.

      6.  The duration, renewal and termination of certificates.

      7.  The grounds [and procedures] respecting disciplinary actions against homeopathic assistants.

      8.  The supervision of a homeopathic assistant by a supervising homeopathic physician.

      9.  The establishment of requirements for the continuing education of homeopathic assistants.

      Secs. 80 and 81.  (Deleted by amendment.)

      Sec. 82.  NRS 630A.440 is hereby amended to read as follows:

      630A.440  [If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board issues an order summarily suspending the license of a homeopathic physician pending proceedings for disciplinary action and requires the homeopathic physician to submit to a mental or physical examination or an examination of his competence to practice homeopathic medicine, the examination must be conducted and the results obtained not later than 60 days after the Board issues its order.

 


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ê2005 Statutes of Nevada, Page 762 (Chapter 225, SB 276)ê

 

license of a homeopathic physician pending proceedings for disciplinary action and requires the homeopathic physician to submit to a mental or physical examination or an examination of his competence to practice homeopathic medicine, the examination must be conducted and the results obtained not later than 60 days after the Board issues its order.

      Sec. 83.  NRS 630A.450 is hereby amended to read as follows:

      630A.450  [If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board issues an order summarily suspending the license of a homeopathic physician pending proceedings for disciplinary action, the court shall not stay that order.

      Sec. 84.  NRS 630A.480 is hereby amended to read as follows:

      630A.480  [1.  If, after an investigation by a committee or on its own initiative, the Board decides to proceed with disciplinary action, it shall bring charges against a licensed homeopathic physician and fix a time and place for a formal hearing. If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board receives a report pursuant to subsection 5 of NRS 228.420, [such a hearing] a disciplinary proceeding regarding the report must be [held] commenced within 30 days after [receiving] the Board receives the report. [The Board shall notify the homeopathic physician of the charges brought against him, including the time and place set for the hearing, and of the sanctions authorized in NRS 630A.510.

      2.  The Board, a hearing officer or a committee of the members of the Board shall hold the formal hearing on the charges at the time and place designated in the notification. If the hearing is before a committee, at least one member of the Board who is not a physician must participate in the hearing and in the final recommendation of the committee to the Board.]

      Sec. 85.  NRS 630A.490 is hereby amended to read as follows:

      630A.490  Except as otherwise provided in sections 2 to 41, inclusive, of this act:

      1.  Service of process made under this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the homeopathic physician at his last known address. If personal service cannot be made and if notice by mail is returned undelivered, the Secretary-Treasurer of the Board shall cause notice to be published once a week for 4 consecutive weeks in a newspaper published in the county of the homeopathic physician’s last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

      2.  Proof of service of process or publication of notice made under this chapter must be filed with the Board and recorded in the minutes of the Board.

      Sec. 86.  NRS 630A.500 is hereby amended to read as follows:

      630A.500  [In] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, in any disciplinary hearing:

      1.  [The Board, a panel of the members of the Board or a hearing officer is not bound by formal rules of evidence.

      2.]  Proof of actual injury need not be established.

      [3.] 2.  A certified copy of the record of a court or a licensing agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice homeopathic medicine is conclusive evidence of its occurrence.

 


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ê2005 Statutes of Nevada, Page 763 (Chapter 225, SB 276)ê

 

      Sec. 87.  NRS 630A.510 is hereby amended to read as follows:

      630A.510  1.  Any member of the Board who was not a member of the investigative committee, if one was appointed, may participate in the final order of the Board. If the Board, after notice and a [formal hearing,] hearing as required by law, determines that a violation of the provisions of this chapter or the regulations adopted by the Board has occurred, it shall issue and serve on the person charged an order, in writing, containing its findings and any sanctions imposed by the Board. If the Board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the person that the charges have been dismissed.

      2.  If the Board finds that a violation has occurred, it may by order:

      (a) Place the person on probation for a specified period on any of the conditions specified in the order.

      (b) Administer to the person a public reprimand.

      (c) Limit the practice of the person or exclude a method of treatment from the scope of his practice.

      (d) Suspend the license of the person for a specified period or until further order of the Board.

      (e) Revoke the license of the person to practice homeopathic medicine.

      (f) Require the person to participate in a program to correct a dependence upon alcohol or a controlled substance, or any other impairment.

      (g) Require supervision of the person’s practice.

      (h) Impose an administrative fine not to exceed $10,000.

      (i) Require the person to perform community service without compensation.

      (j) Require the person to take a physical or mental examination or an examination of his competence to practice homeopathic medicine.

      (k) Require the person to fulfill certain training or educational requirements.

      3.  The Board shall not administer a private reprimand.

      4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 88.  NRS 630A.520 is hereby amended to read as follows:

      630A.520  1.  Any person aggrieved by a final order of the Board is entitled to judicial review of the Board’s order [.] as provided by law.

      2.  Every order of the Board which limits the practice of homeopathic medicine or suspends or revokes a license is effective from the date the Secretary-Treasurer of the Board certifies the order until the date the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the Board pending a final determination by the court.

      3.  The district court shall give a petition for judicial review of the Board’s order priority over other civil matters which are not expressly given priority by law.

      Sec. 89.  NRS 630A.530 is hereby amended to read as follows:

      630A.530  1.  Any person:

      (a) Whose practice of homeopathic medicine has been limited; or

      (b) Whose license to practice homeopathic medicine has been:

             (1) Suspended until further order; or

             (2) Revoked,

Ê [by an order of the Board] may apply to the Board for removal of the limitation or suspension or [restoration] may apply to the Board pursuant to the provisions of sections 2 to 41, inclusive, of this act for reinstatement of his revoked license.

 


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ê2005 Statutes of Nevada, Page 764 (Chapter 225, SB 276)ê

 

the provisions of sections 2 to 41, inclusive, of this act for reinstatement of his revoked license.

      2.  In hearing the application, the Board or a committee of members of the Board:

      (a) May require the applicant to submit to a mental or physical examination or an examination of his competence to practice homeopathic medicine by physicians or other persons whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper.

      (b) Shall determine whether under all the circumstances the time of the application is reasonable.

      (c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrants.

      3.  The applicant has the burden of proving by clear and convincing evidence that the requirements for [restoration] reinstatement of the license or removal of the limitation or suspension have been met.

      4.  The Board shall not [restore] reinstate a license unless it is satisfied that the applicant has complied with all of the terms and conditions set forth in the final order of the Board and that he is capable of practicing homeopathic medicine with reasonable skill and safety to patients.

      5.  [To restore] In addition to any other requirements set forth in sections 2 to 41, inclusive, of this act, to reinstate a license that has been revoked by the Board, a person must apply for a license and take an examination as though he had never been licensed under this chapter.

      Sec. 90.  NRS 630A.540 is hereby amended to read as follows:

      630A.540  In addition to any other immunity provided by the provisions of sections 2 to 41, inclusive, of this act:

      1.  Any person who furnishes information to the Board, in good faith and without malicious intent in accordance with the provisions of this chapter, concerning a person who is licensed or certified or applies for a license or certificate under this chapter is immune from civil liability for furnishing that information.

      2.  The Board and its members, staff, counsel, investigators, experts, committees, panels, hearing officers and consultants are immune from civil liability for any decision or action taken in good faith and without malicious intent in response to information received by the Board.

      3.  The Board and any of its members are immune from civil liability for disseminating information concerning a person who is licensed or certified or applies for a license or certificate under this chapter to the Attorney General or any board or agency of the State, hospital, medical society, insurer, employer, patient or his family or law enforcement agency.

      Sec. 91.  NRS 630A.555 is hereby amended to read as follows:

      630A.555  1.  Except as otherwise provided in this section, [any records or information obtained during] a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation [by the Board and any record of the investigation] conducted to determine whether to initiate disciplinary action against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The [complaint or other document filed by] charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

 


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41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The [Board may provide any record or information described in subsection 1 to] provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency [,] that is investigating a person, including , without limitation, a law enforcement agency . [, which is investigating a person who is licensed pursuant to this chapter.]

      Sec. 92.  NRS 630A.560 is hereby amended to read as follows:

      630A.560  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board is authorized to prosecute all persons guilty of violation of the provisions of this chapter and may employ investigators and such other assistants as may be necessary to carry out the provisions of this chapter [,] and sections 2 to 41, inclusive, of this act, but any expenses so incurred must not be paid out of the State General Fund.

      Sec. 93.  NRS 633.301 is hereby amended to read as follows:

      633.301  1.  The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. Except as otherwise provided in [NRS 633.611,] this section, the record must be open to public inspection at all reasonable times and contain the name, known place of business and residence, and the date and number of the license of every osteopathic physician licensed under this chapter.

      2.  Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      3.  The charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      4.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Secs. 94 and 95.  (Deleted by amendment.)

      Sec. 96.  NRS 633.529 is hereby amended to read as follows:

      633.529  1.  [If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board receives a report pursuant to the provisions of NRS 633.526, 633.527, 690B.250 or 690B.260 indicating that a judgment has been rendered or an award has been made against an osteopathic physician regarding an action or claim for malpractice or that such an action or claim against the osteopathic physician has been resolved by settlement, the Board may order that the osteopathic physician undergo a mental or physical examination or an examination testing his competence to practice medicine by osteopathic physicians or other examinations designated by the Board to assist the Board or any investigative committee of the Board in determining the fitness of the osteopathic physician to practice medicine.

 


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Board to assist the Board or any investigative committee of the Board in determining the fitness of the osteopathic physician to practice medicine.

      2.  For the purposes of this section:

      (a) Every osteopathic physician who applies for a license or who holds a license under this chapter shall be deemed to have given his consent to submit to a mental or physical examination or an examination testing his competence to practice medicine when ordered to do so in writing by the Board.

      (b) The testimony or reports of the examining osteopathic physician are not privileged communications.

      Secs. 97 and 98.  (Deleted by amendment.)

      Sec. 99.  NRS 633.561 is hereby amended to read as follows:

      633.561  1.  [If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board or a member of the Board designated to review a complaint pursuant to NRS 633.541 has reason to believe that the conduct of [a] an osteopathic physician has raised a reasonable question as to his competence to practice osteopathic medicine with reasonable skill and safety to patients, the Board or the member designated by the Board may require the [person charged in the complaint] osteopathic physician to submit to a mental or physical examination by physicians designated by the Board.

      2.  For the purposes of this section:

      (a) Every physician who is licensed under this chapter who accepts the privilege of practicing osteopathic medicine in this State shall be deemed to have given his consent to submit to a mental or physical examination if directed to do so in writing by the Board.

      (b) The testimony or examination reports of the examining physicians are not privileged communications.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a physician who is licensed under this chapter to submit to an examination if directed as provided in this section constitutes an admission of the charges against him.

      Sec. 100.  NRS 633.571 is hereby amended to read as follows:

      633.571  [If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board has reason to believe that the conduct of any osteopathic physician has raised a reasonable question as to his competence to practice osteopathic medicine with reasonable skill and safety to patients, the Board may cause a medical competency examination of the physician for purposes of determining his fitness to practice osteopathic medicine with reasonable skill and safety to patients.

      Sec. 101.  NRS 633.581 is hereby amended to read as follows:

      633.581  [If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board issues an order summarily suspending the license of an osteopathic physician pending proceedings for disciplinary action and requires the physician to submit to a mental or physical examination or a medical competency examination, the examination shall be conducted and the results obtained not later than 60 days after the Board issues its order.

      Sec. 102.  NRS 633.591 is hereby amended to read as follows:

      633.591  [If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board issues an order summarily suspending the license of an osteopathic physician pending proceedings for disciplinary action, the court shall not stay that order unless the Board fails to institute and determine such proceedings as promptly as the requirements for investigation of the case reasonably allow.

 


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action, the court shall not stay that order unless the Board fails to institute and determine such proceedings as promptly as the requirements for investigation of the case reasonably allow.

      Sec. 103.  NRS 633.601 is hereby amended to read as follows:

      633.601  1.  In addition to any other remedy provided by law, the Board, through its President or Secretary or the Attorney General, may apply to any court of competent jurisdiction to enjoin any unprofessional conduct of an osteopathic physician which is harmful to the public or to limit the physician’s practice or suspend his license to practice medicine as provided in this section.

      2.  The court in a proper case may issue a temporary restraining order or a preliminary injunction for such purposes:

      (a) Without proof of actual damage sustained by any person, this provision being a preventive as well as punitive measure; and

      (b) Pending proceedings for disciplinary action by the Board. [Such] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, such proceedings shall be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

      Sec. 104.  NRS 633.621 is hereby amended to read as follows:

      633.621  [If a formal complaint is filed with the Board pursuant to NRS 633.541, the Secretary of the Board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint to be served on the person charged at least 20 days before the date fixed for the hearing. If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board receives a [formal complaint concerning] report pursuant to subsection 5 of NRS 228.420, [such a hearing] a disciplinary proceeding regarding the report must be [held] commenced within 30 days after [receiving the formal complaint.] the Board receives the report.

      Sec. 105.  NRS 633.631 is hereby amended to read as follows:

      633.631  Except as otherwise provided in sections 2 to 41, inclusive, of this act:

      1.  Service of process made under this chapter shall be either personal or by registered or certified mail with return receipt requested, addressed to the osteopathic physician at his last known address, as indicated on the records of the Board, if possible. If personal service cannot be made and if mail notice is returned undelivered, the Secretary of the Board shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the physician’s last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

      2.  Proof of service of process or publication of notice made under this chapter shall be filed with the Secretary of the Board and shall be recorded in the minutes of the Board.

      Sec. 106.  NRS 633.641 is hereby amended to read as follows:

      633.641  [In] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, in any disciplinary proceeding before the Board:

      1.  Proof of actual injury need not be established where the formal complaint charges deceptive or unethical professional conduct or medical practice harmful to the public.

      2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice osteopathic medicine is conclusive evidence of its occurrence.

 


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      Sec. 107.  NRS 633.651 is hereby amended to read as follows:

      633.651  1.  [The person charged in a formal complaint is entitled to a hearing before the Board, but the failure of the person charged to attend his hearing or his failure to defend himself must not delay or void the proceedings. The Board may, for good cause shown, continue any hearing from time to time.

      2.]  If the Board finds [the] a person guilty [as charged in the formal complaint,] in a disciplinary proceeding, it shall by order take one or more of the following actions:

      (a) Place the person on probation for a specified period or until further order of the Board.

      (b) Administer to the person a public reprimand.

      (c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of osteopathic medicine.

      (d) Suspend the license of the person to practice osteopathic medicine for a specified period or until further order of the Board.

      (e) Revoke the license of the person to practice osteopathic medicine.

Ê The order of the Board may contain such other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

      [3.] 2.  The Board shall not administer a private reprimand.

      [4.] 3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 108.  NRS 633.681 is hereby amended to read as follows:

      633.681  1.  Any person:

      (a) Whose practice of osteopathic medicine has been limited; or

      (b) Whose license to practice osteopathic medicine has been:

             (1) Suspended until further order; or

             (2) Revoked,

Ê [by an order of the Board] may apply to the Board after a reasonable period for removal of the limitation or suspension or [restoration] may apply to the Board pursuant to the provisions of sections 2 to 41, inclusive, of this act for reinstatement of his revoked license.

      2.  In hearing the application, the Board:

      (a) May require the person to submit to a mental or physical examination by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper;

      (b) Shall determine whether under all the circumstances the time of the application is reasonable; and

      (c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrants.

      Sec. 109.  NRS 633.691 is hereby amended to read as follows:

      633.691  [The] In addition to any other immunity provided by the provisions of sections 2 to 41, inclusive, of this act, the Board, a medical review panel of a hospital, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic physician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      Sec. 110.  (Deleted by amendment.)

 


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      Sec. 111.  NRS 633.731 is hereby amended to read as follows:

      633.731  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board shall cause the prosecution of all persons who commit any act prohibited by this chapter. The Board may employ investigators and such other assistants as may be necessary to carry into effect the provisions of this chapter.

      Secs. 112-119.  (Deleted by amendment.)

      Sec. 120.  NRS 634A.180 is hereby amended to read as follows:

      634A.180  [The Board shall not refuse to issue, refuse to renew, suspend or revoke any license for any of the causes enumerated in NRS 634A.170, unless the person accused has been given at least 20 days’ notice in writing of the charge against him and a hearing by the Board. If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a [hearing] disciplinary proceeding regarding the report must be [held] commenced within 30 days after [receiving] the Board receives the report.

      Sec. 121.  NRS 634A.185 is hereby amended to read as follows:

      634A.185  1.  Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of [the] an investigation conducted to determine whether to initiate disciplinary action against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The [complaint or other document filed by] charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      4.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 122.  NRS 634A.250 is hereby amended to read as follows:

      634A.250  In addition to any other penalties prescribed by law, the Board may, after notice and a hearing [,] as required by law, impose upon any person who violates any provision of this chapter or the regulations adopted pursuant thereto an administrative fine of not more than $2,500.

      Sec. 123.  NRS 635.130 is hereby amended to read as follows:

      635.130  1.  The Board, after notice and a hearing [,] as required by law, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

      (a) Deny an application for a license or refuse to renew a license.

      (b) Suspend or revoke a license.

      (c) Place a licensee on probation.

      (d) Impose a fine not to exceed $5,000.

      2.  The Board may take disciplinary action against a licensee for any of the following causes:

 


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      (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.

      (b) Lending the use of the holder’s name to an unlicensed person.

      (c) If the holder is a podiatric physician, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.

      (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his professional duties.

      (e) Conviction of a crime involving moral turpitude.

      (f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (g) Conduct which in the opinion of the Board disqualifies him to practice with safety to the public.

      (h) The commission of fraud by or on behalf of the licensee regarding his license or practice.

      (i) Gross incompetency.

      (j) Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatric physician or podiatry hygienist.

      (k) False representation by or on behalf of the licensee regarding his practice.

      (l) Unethical or unprofessional conduct.

      (m) Willful or repeated violations of this chapter or regulations adopted by the Board.

      (n) Willful violation of the regulations adopted by the State Board of Pharmacy.

      Sec. 124.  NRS 635.150 is hereby amended to read as follows:

      635.150  [Any person against whom charges have been made shall be notified of that fact and a copy of the charges shall be sent to him by the Board. He shall be given a fair and impartial trial by the Board, whose decision shall]

      1.  A decision by the Board in a disciplinary proceeding must be made by a majority vote of [its members. If] the members of the Board.

      2.  Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a [hearing] disciplinary proceeding regarding the report must be [held] commenced within 30 days after [receiving] the Board receives the report.

      Sec. 125.  NRS 635.158 is hereby amended to read as follows:

      635.158  1.  Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of [the] an investigation conducted to determine whether to initiate disciplinary action against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The [complaint or other document filed by] charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

 


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      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      4.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Secs. 126-134.  (Deleted by amendment.)

      Sec. 135.  NRS 637.060 is hereby amended to read as follows:

      637.060  1.  Except as otherwise provided in subsection 3, all money received by the Board under the provisions of this chapter must be deposited in banks, credit unions or savings and loan associations in the State of Nevada. The money may be drawn on by the Board for payment of all expenses incurred in the administration of the provisions of this chapter.

      2.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the Board deposits the money collected from the imposition of administrative fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 136.  NRS 637.085 is hereby amended to read as follows:

      637.085  1.  Except as otherwise provided in [subsection 2 and NRS 637.087,] this section, all applications for licensure, [any charges filed by the Board,] financial records of the Board [, formal hearings on any charges heard by the Board or a panel selected by the Board,] and records of [the] hearings and any order or decision of the Board or a panel must be open to the public.

      2.  Except as otherwise provided in [NRS 637.087,] this section, the following may be kept confidential:

      (a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application.

      (b) Any report concerning the fitness of any person to receive or hold a license to practice ophthalmic dispensing.

      (c) Any communication between:

             (1) The Board and any of its committees or panels; and

             (2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the Board.

      (d) Any other information or records in the possession of the Board.

      3.  [This section does] Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

 


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      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      5.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency [or any agency which] that is investigating a [licensee,] person, including , without limitation, a law enforcement agency.

      Sec. 137.  NRS 637.150 is hereby amended to read as follows:

      637.150  1.  Upon proof [to the satisfaction of the Board] by substantial evidence that an applicant or holder of a license:

      (a) Has been adjudicated insane;

      (b) Habitually uses any controlled substance or intoxicant;

      (c) Has been convicted of a crime involving moral turpitude;

      (d) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      (e) Has advertised in any manner which would tend to deceive, defraud or mislead the public;

      (f) Has presented to the Board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in the State through fraud of any kind;

      (g) Has been convicted of a violation of any federal or state law relating to a controlled substance;

      (h) Has violated any regulation of the Board;

      (i) Has violated any provision of this chapter;

      (j) Is incompetent;

      (k) Is guilty of unethical or unprofessional conduct as determined by the Board;

      (l) Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner; or

      (m) Is guilty of a fraudulent or deceptive practice as determined by the Board,

Ê the Board may, in the case of an applicant, refuse to grant him a license, or may, in the case of a holder of a license, place him on probation, reprimand him publicly, require him to pay an administrative fine of not more than $10,000, suspend or revoke his license, or take any combination of these disciplinary actions.

      2.  The Board shall not privately reprimand a holder of a license.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 138.  NRS 637.170 is hereby amended to read as follows:

      637.170  1.  Any licensee whose license was revoked by the Board may apply for [a new license pursuant to the provisions of this chapter at any time after the date of revocation. The Board may consider such an application for licensure and may grant it] reinstatement of the license pursuant to the provisions of sections 2 to 41, inclusive, of this act.

      2.  In addition to the requirements for reinstatement of the license pursuant to sections 2 to 41, inclusive, of this act, the Board may reinstate the license upon the applicant’s payment of a fee set by the Board to cover the administrative costs of any investigation and hearing.

 


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      Sec. 139.  NRS 637.181 is hereby amended to read as follows:

      637.181  Notwithstanding the provisions of sections 2 to 41, inclusive, of this act:

      1.  The Board shall conduct an investigation if it receives a complaint that sets forth reason to believe that a person, without the proper license, is engaging in an activity for which a license is required pursuant to this chapter. The complaint must be:

      (a) Made in writing; and

      (b) Signed and verified by the person filing the complaint.

      2.  If the Board determines that a person, without the proper license, is engaging in an activity for which a license is required pursuant to this chapter, the Board shall issue and serve on the person an order to cease and desist engaging in the activity until such time as the person obtains the proper license from the Board.

      3.  If a person upon whom an order to cease and desist is served does not comply with the order within 30 days after service, the Board shall, after notice and opportunity for a hearing, impose upon the person an administrative fine of not more than $10,000. The imposition of an administrative fine is a final decision for the purposes of judicial review.

      4.  An administrative fine imposed pursuant to this section is in addition to any other penalty provided in this chapter.

      Sec. 140.  NRS 637A.080 is hereby amended to read as follows:

      637A.080  1.  All fees provided for in this chapter must be paid to the Board.

      2.  Except as otherwise provided in subsection 4, all money coming into the possession of the Board must be kept or deposited by the Secretary in banks, credit unions, savings and loan associations or other financial institutions in this State to be expended for the payment of the salaries and expenses of the members and employees of the Board and for other necessary or proper purposes in the administration of this chapter.

      3.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect penalties therefor and deposit the money therefrom in banks, credit unions, savings and loan associations or other financial institutions in this State.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of penalties with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 141.  NRS 637A.110 is hereby amended to read as follows:

      637A.110  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may:

      1.  Appoint a technical, clerical and operational staff as may be required. The number of the staff appointed must be limited by the money available for that purpose in the hearing aid licensing fund.

      2.  Grant or refuse licenses for any of the causes specified in this chapter.

      3.  Take disciplinary action against a licensee.

 


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      4.  Take depositions and issue subpoenas for the purpose of any hearing authorized by this chapter.

      5.  Establish reasonable educational requirements for applicants and apprentices and reasonable requirements for the continuing education of hearing aid specialists and apprentices.

      Sec. 142.  NRS 637A.250 is hereby amended to read as follows:

      637A.250  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may take disciplinary action against a licensee [after a hearing which discloses that] if the licensee:

      1.  Has been convicted of a felony relating to the practice of hearing aid specialists.

      2.  Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      3.  Obtained the license by fraud or misrepresentation.

      4.  Has made any false or fraudulent statements concerning hearing aids or the business of hearing aid specialist.

      5.  Has been guilty of negligence, incompetence or unprofessional conduct in his practice as a hearing aid specialist. As used in this subsection, “unprofessional conduct” includes, without limitation:

      (a) Conduct which is intended to deceive or which the Board by specific regulation has determined is unethical;

      (b) Conduct which is harmful to the public or any conduct detrimental to the public health or safety;

      (c) Conduct for which disciplinary action was taken by an agency of another state which is authorized to regulate the practice of hearing aid specialists; and

      (d) Knowingly employing, directly or indirectly, any person who is not licensed to fit or dispense hearing aids or whose license to fit or dispense hearing aids has been suspended or revoked.

      6.  Has loaned or transferred his license to another person.

      7.  Willfully violated any law of this State or any provision of this chapter regulating hearing aid specialists or the operation of an office, store or other location for dispensing hearing aids.

      Sec. 143.  (Deleted by amendment.)

      Sec. 144.  NRS 637A.270 is hereby amended to read as follows:

      637A.270  [As soon as practicable after the filing of a complaint the Board may, if the Board determines that further action is required, fix a date for the hearing thereof, which date must not be less than 20 days thereafter. If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a [hearing] disciplinary proceeding regarding the report must be [held] commenced within 30 days after [receiving] the Board receives the report. [The Secretary shall immediately mail, by registered or certified mail, to the defendant licensee, a copy of the complaint and a notice showing the date and place fixed for the hearing.]

      Sec. 145.  NRS 637A.290 is hereby amended to read as follows:

      637A.290  1.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the holder of any license issued by the Board [whose default has been entered or who has been heard by the Board and found guilty of the violation alleged in the complaint] may be disciplined by the Board by one or more of the following methods:

      (a) Placing the licensee on probation for a period not to exceed 2 years;

 


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      (b) Suspending the right of the licensee to practice, or the right to use a license, for a period not to exceed 3 years;

      (c) Revoking the license;

      (d) Public reprimand;

      (e) Imposition of an administrative fine not to exceed $5,000 upon a finding by the Board of more than one violation;

      (f) Requiring the licensee to pay restitution to any person who has suffered an economic loss as a result of a violation of the provisions of this chapter or any regulation adopted by the Board pursuant thereto; or

      (g) Requiring the licensee to retake and pass the examination or otherwise demonstrate that he is qualified and competent to practice.

      2.  If a license is suspended, it must be surrendered to the Board and returned to the licensee upon termination of the period of suspension.

      3.  The Board shall not issue a private reprimand.

      4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 146.  NRS 637A.300 is hereby amended to read as follows:

      637A.300  1.  If a license is revoked, it shall be surrendered to the Board.

      2.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may, in its discretion, reinstate any license after revocation upon payment of the reinstatement fee as prescribed in NRS 637A.210.

      Sec. 147.  NRS 637A.315 is hereby amended to read as follows:

      637A.315  1.  Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of [the] an investigation conducted to determine whether to initiate disciplinary action against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The [complaint or other document filed by] charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 148.  NRS 637B.240 is hereby amended to read as follows:

      637B.240  1.  All fees collected under the provisions of this chapter must be paid to the Secretary-Treasurer of the Board to be used to defray the necessary expenses of the Board. The Secretary-Treasurer shall deposit the fees in qualified banks, credit unions or savings and loan associations in this State.

      2.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect civil penalties therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

 


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      3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the Board deposits the money collected from the imposition of civil penalties with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 149.  (Deleted by amendment.)

      Sec. 150.  NRS 637B.270 is hereby amended to read as follows:

      637B.270  [Not later than 15 days after the filing of a complaint, the Board shall fix a date for the hearing, which date must not be less than 20 days nor more than 45 days after the date the complaint is filed. If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a [hearing] disciplinary proceeding regarding the report must be [held] commenced within 30 days after [receiving] the Board receives the report. [The Board shall immediately mail to the defendant, by certified mail, return receipt requested, a copy of the complaint and a notice showing the time, date and place of the hearing.]

      Sec. 151.  NRS 637B.280 is hereby amended to read as follows:

      637B.280  1.  If, after [the hearing,] notice and a hearing as required by law, the Board determines that the applicant or licensee has committed any act which constitutes grounds for disciplinary action, the Board may, in the case of the applicant, refuse to issue a license, and in all other cases:

      (a) Refuse to renew a license;

      (b) Revoke a license;

      (c) Suspend a license for a definite time, not to exceed 1 year;

      (d) Administer to the licensee a public reprimand; or

      (e) Impose a civil penalty not to exceed $1,000.

      2.  The Board shall not administer a private reprimand.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 152.  NRS 637B.288 is hereby amended to read as follows:

      637B.288  1.  Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of [the] an investigation conducted to determine whether to initiate disciplinary action against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The [complaint or other document filed by] charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 153.  NRS 638.017 is hereby amended to read as follows:

      638.017  Except as otherwise provided in sections 2 to 41, inclusive, of this act:

 


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      1.  Service of process made pursuant to and all notices required by this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the veterinarian, veterinary technician or applicant for a license, at his last known address, as indicated on the records of the Board. If personal service cannot be made and if notice by mail is returned undelivered, the Executive Director of the Board shall cause a notice of the hearing or action to be published once a week for 4 consecutive weeks in a newspaper published in the county of that person’s last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

      2.  Proof of service of process or publication of notice made pursuant to this chapter must be filed with the Executive Director and recorded in the minutes of the Board.

      Sec. 154.  NRS 638.087 is hereby amended to read as follows:

      638.087  1.  The Board shall keep a record of:

      (a) All charges filed against a licensee;

      (b) The proceedings of any formal hearing conducted by the Board or a hearing officer;

      (c) Any order filed by the Board; and

      (d) All licenses issued by the Board including the name of the holder of the license, his business address, the date the license was issued and the number of the license.

      2.  Except as otherwise provided in [NRS 638.088,] this section, the records of the Board listed in subsection 1 must be open to the public at reasonable times and places.

      3.  Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      5.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 155.  NRS 638.129 is hereby amended to read as follows:

      638.129  1.  Any person:

      (a) Whose practice of veterinary medicine has been limited; or

      (b) Whose license to practice veterinary medicine has been suspended until further order or revoked,

Ê [by an order of the Board,] may apply to the Board after a reasonable period for removal of the limitation or suspension or [restoration] may apply to the Board pursuant to the provisions of sections 2 to 41, inclusive, of this act for reinstatement of his revoked license.

      2.  In hearing the application, the Board:

 


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      (a) May require the person to submit to a mental or physical examination by physicians whom it designates or to an examination testing his competence by other persons whom it designates, and submit such other evidence of changed conditions and of fitness as it considers proper;

      (b) Shall determine whether under all the circumstances the time of the application is reasonable; and

      (c) May deny the application or modify or rescind its order as the evidence warrants.

      Secs. 156 and 157.  (Deleted by amendment.)

      Sec. 158.  NRS 638.1423 is hereby amended to read as follows:

      638.1423  Notwithstanding the provisions of sections 2 to 41, inclusive, of this act:

      1.  If the Board receives information that a veterinarian or veterinary technician is causing, allowing or maintaining any condition or activity which is an immediate threat to the welfare of an animal, it may, without a hearing, suspend his license or prohibit the use of certain procedures or any dangerous activity. The Board shall notify the veterinarian or veterinary technician within 2 days after taking the action.

      2.  The Board shall, within 14 days after notifying the veterinarian or veterinary technician, hold an informal hearing to determine if cause exists to extend the order. The veterinarian or veterinary technician may present evidence at that hearing. After the hearing the Board may extend the order for no more than 60 days.

      3.  The issuance or extension of the order is not an adjudication on the merits. During the period of suspension, the Board shall investigate further and if it decides it is necessary, hold a formal hearing which must take priority over any other proceeding before the Board. If the Board finds, after the formal hearing, that the licensee is causing, allowing or maintaining any condition or activity which is an immediate threat to the welfare of an animal, it shall issue an order stating its findings and the action taken.

      Sec. 159.  NRS 638.1429 is hereby amended to read as follows:

      638.1429  1.  After the investigation of the complaint is completed, the member of the Board who conducted the investigation shall submit to the Board a written report of his findings and recommendations concerning the disposition of the complaint.

      2.  If the Board determines that there is not sufficient evidence to believe that a licensee has committed an act which constitutes a cause for disciplinary action, the Board shall dismiss the complaint and send a written notice to the person who filed the complaint and the licensee who was the subject of the investigation that the complaint was dismissed.

      3.  If the Board determines that there is sufficient evidence to believe that a licensee has committed an act which constitutes a ground for disciplinary action, the Board may enter into a settlement agreement with the licensee. The settlement agreement must be signed by the licensee and the President of the Board. The Board shall send a written notice of the settlement to the person who filed the complaint against the licensee. The notice must include a copy of the settlement agreement. The complaint and the settlement agreement are public records.

      [4.  If the Board does not enter into a settlement agreement with the licensee, the Board shall:

      (a) Cause an accusation to be filed against the licensee. The accusation must:

 


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             (1) Include a written statement of the charges alleged;

             (2) Set forth in ordinary and concise language the acts or omissions with which the licensee is charged;

             (3) Specify the statutes and regulations which the licensee is alleged to have violated; and

             (4) Be signed by the President of the Board.

      (b) Fix a time and place for a hearing and so notify the licensee at least 30 days before the date of the hearing. The notice must include a copy of the accusation and any disciplinary action the Board may impose pursuant to NRS 638.147.]

      Sec. 160.  NRS 638.1445 is hereby amended to read as follows:

      638.1445  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may request and obtain a search warrant from a magistrate upon a showing that the warrant is needed to carry out an order of the Board or for an investigation or hearing being conducted by the Board and that reasonable cause exists to issue the warrant.

      Sec. 161.  NRS 638.145 is hereby amended to read as follows:

      638.145  The Board shall not refuse to issue a license to an applicant or take any disciplinary action against a licensee unless the Board finds, by [a preponderance of the] substantial evidence, that the applicant or licensee has engaged in one or more of the practices prohibited by the provisions of this chapter.

      Sec. 162.  NRS 638.1471 is hereby amended to read as follows:

      638.1471  Notwithstanding the provisions of sections 2 to 41, inclusive, of this act:

      1.  The Board may issue to a licensee a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the Board when the licensee is in violation of any provision of this chapter or any regulation adopted by the Board.

      2.  A citation must be in writing and describe with particularity the nature of the violation, including specific reference to the provision of law or the regulation determined to have been violated, and the amount of the fine, if any. A citation must be issued for each violation of this chapter or any regulation adopted by the Board.

      3.  Where appropriate, the citation must contain an order of abatement fixing a reasonable time for abatement of the violation.

      4.  The administrative fine assessed by the Board must not exceed $5,000 for each violation. In assessing a fine the Board shall give consideration to the appropriateness of the amount of the fine with respect to such factors as the gravity of the violation, the good faith of the licensee and the history of previous violations.

      5.  A citation must inform the licensee that if he desires a hearing to contest the finding of a violation or the amount of the fine assessed, the hearing must be requested by written notice to the Board within 30 days after the date of issuance of the citation. If a hearing is not requested pursuant to this section, a settlement does not constitute an admission of the violation charged unless the settlement agreement stipulates to such an admission.

      6.  Failure of a licensee to pay a fine within 30 days after the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the Board. Where a citation is not contested and a fine is not paid, the full amount of the fine that is assessed must be added to the fee for renewal of the license.

 


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fee for renewal of the license. A license must not be renewed without payment of the renewal fee and fine.

      7.  Notwithstanding any other provision of law, where a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine constitutes a satisfactory resolution of the matter for purposes of public disclosure of the disposition of the violation.

      8.  The Board may adopt regulations to carry out this section. It may also adopt regulations to establish similar provisions for the issuance of a citation to a person who is practicing veterinary medicine without a license.

      Sec. 163.  NRS 638.1473 is hereby amended to read as follows:

      638.1473  1.  Except as otherwise provided in subsection 4, all reasonable expenses incurred by the Board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the Board may be paid out of the State General Fund.

      2.  Except as otherwise provided in this section, all money collected by the Board from the imposition of fines must be deposited with the State Treasurer for credit to the State General Fund. All other money received by the Board must be deposited in qualified banks, credit unions or savings and loan associations in this State and paid out on its order for its expenses.

      3.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 164.  NRS 638.151 is hereby amended to read as follows:

      638.151  [At] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, at all hearings the Attorney General, or an attorney employed by the Board, shall represent the Board.

      Sec. 165.  NRS 638.1515 is hereby amended to read as follows:

      638.1515  1.  [In] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, in any disciplinary proceeding : [before the Board:]

      (a) Proof of actual injury need not be established where the charge is deceptive or unethical professional conduct.

      (b) If proof of actual injury is an issue, proof of actual injury may be established by the testimony and opinion of a witness who is not an expert witness.

      (c) A certified copy of the record of a court or a licensing agency showing a conviction or the suspension, limitation, modification, denial or revocation of a license of a veterinarian or veterinary technician is conclusive evidence of its occurrence. A plea of nolo contendere is a conviction for the purpose of this section.

      2.  As used in this section, “actual injury” means any type of injury, abuse or mistreatment, whether or not the injury, abuse or mistreatment results in substantial or permanent physical harm or death.

 


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      Sec. 166.  NRS 638.152 is hereby amended to read as follows:

      638.152  [The] In addition to any other immunity provided by the provisions of sections 2 to 41, inclusive, of this act, the Board, a veterinary society, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning a veterinarian or veterinary technician, is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      Sec. 167.  NRS 638.153 is hereby amended to read as follows:

      638.153  [The] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, the filing and review of a complaint, its dismissal without further action or its transmittal to the Attorney General, and any subsequent disposition by the Board, the Attorney General or any reviewing court do not preclude any appropriate criminal prosecution by the Attorney General or a district attorney based upon the same or other facts.

      Sec. 168.  NRS 638.160 is hereby amended to read as follows:

      638.160  [When] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, when requested by the Board, the Attorney General or the district attorneys of the respective counties of this State shall prosecute violators of this chapter.

      Sec. 169.  NRS 640.070 is hereby amended to read as follows:

      640.070  1.  All fees collected under this chapter must be deposited by the Board in banks, credit unions or savings and loan associations in the State of Nevada.

      2.  All expenses incident to the operation of this chapter must be paid from the revenue derived therefrom.

      3.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter and impose and collect administrative fines therefor. If the Board so delegates its authority, the Board may deposit the money from the fines in banks, credit unions or savings and loan associations in this State for the support of the Board. In addition, the hearing officer or panel may assess a licensee against whom disciplinary action is taken any costs and fees incurred by the Board as a result of the hearing. The money from the reimbursed costs and fees may also be deposited for use by the Board.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the Board shall deposit the money collected from the imposition of administrative fines with the State Treasurer for credit to the State General Fund. The Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 170.  NRS 640.075 is hereby amended to read as follows:

      640.075  1.  Except as otherwise provided in this section, [any records or information obtained during the course] a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation [by the Board and any record of the] conducted to determine whether to initiate disciplinary action against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

 


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      2.  The [complaint or other document filed by] charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  [This section does not prevent or] The provisions of this section do not prohibit the Board from communicating or cooperating with [another] or providing any documents or other information to any other licensing board or any other agency [which] that is investigating a [licensee,] a person, including , without limitation, a law enforcement agency.

      4.  An order that imposes discipline and the finding of fact and conclusions of law supporting that order are public records.

      Sec. 171.  NRS 640.160 is hereby amended to read as follows:

      640.160  1.  The Board, after notice and a hearing [,] as required by law, and upon any ground enumerated in subsection 2, may take one or more of the following actions:

      (a) Refuse to issue a license or temporary license to any applicant.

      (b) Refuse to renew the license or temporary license of any person.

      (c) Suspend or revoke the license or temporary license of any person.

      (d) Place any person who has been issued a license or temporary license on probation.

      (e) Impose an administrative fine which does not exceed $5,000 on any person who has been issued a license.

      2.  The Board may take action pursuant to subsection 1 if an applicant or person who has been licensed pursuant to this chapter:

      (a) Is habitually drunk or is addicted to the use of a controlled substance.

      (b) Has been convicted of violating any state or federal law relating to controlled substances.

      (c) Is, in the judgment of the Board, guilty of immoral or unprofessional conduct.

      (d) Has been convicted of any crime involving moral turpitude.

      (e) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (f) Is guilty, in the judgment of the Board, of gross negligence in his practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.

      (g) Has obtained or attempted to obtain a license by fraud or material misrepresentation.

      (h) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.

      (i) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his referral of a patient.

      (j) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.

      (k) Has had his license to practice physical therapy suspended, revoked or in any way limited by another jurisdiction.

      (l) Is determined to be professionally incompetent by the Board.

      (m) Has violated any provision of this chapter or the Board’s regulations.

      Sec. 172.  NRS 640.161 is hereby amended to read as follows:

      640.161  1.  A complaint against any person who has been licensed pursuant to this chapter may be initiated by the Board or may be filed with the Board by any member or agent of the Board or any aggrieved person.

 


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      2.  The complaint must allege one or more of the grounds enumerated in NRS 640.160 and must contain a statement of facts showing that a provision of this chapter or the Board’s regulations has been violated. The complaint must be sufficiently detailed to enable the respondent to understand the allegations.

      3.  The complaint must be in writing and be signed and verified by the person filing it. The original complaint and two copies must be filed with the Board.

      4.  The Board shall review each complaint. If a complaint shows a substantial violation of a provision of this chapter or the Board’s regulations, the Board shall proceed with a hearing on the complaint [.] pursuant to the provisions of sections 2 to 41, inclusive, of this act.

      Sec. 173.  NRS 640.162 is hereby amended to read as follows:

      640.162  [1.  As soon as practicable after the Board determines that a complaint merits a hearing, the Board shall set a date for the hearing. The hearing must not be set sooner than 30 days after the date on which the respondent received notice of the complaint. If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a [hearing] disciplinary proceeding regarding the report must be [held] commenced within 30 days after [receiving] the Board receives the report.

      [2.  The Board’s Secretary shall:

      (a) Notify the respondent that a complaint against him has been filed;

      (b) Inform him of the date, time and place set for the hearing; and

      (c) Include a copy of the complaint with the notice.

      3.  The notice and complaint may be served on the respondent by delivery to him personally or by mailing to him at his last known address by registered or certified mail.

      4.  If the respondent so requests, the hearing must be held within the county where he resides.]

      Sec. 174.  (Deleted by amendment.)

      Sec. 175.  NRS 640A.200 is hereby amended to read as follows:

      640A.200  1.  The Board may, after notice and a hearing [,] as required by law, suspend, revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the Board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare. The Board may reinstate a revoked license pursuant to the provisions of sections 2 to 41, inclusive, of this act upon application by the person to whom the license was issued . [not less than 1 year after the license is revoked.

      2.  If]

      2.  Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a [hearing] disciplinary proceeding regarding the report must be [held to consider the report] commenced within 30 days after [receiving] the Board receives the report.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      4.  As used in this section, “unprofessional conduct” includes:

 


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      (a) The obtaining of a license by fraud or through the misrepresentation or concealment of a material fact;

      (b) The conviction of:

             (1) A felony or gross misdemeanor relating to the practice of occupational therapy; or

             (2) Any crime involving moral turpitude; and

      (c) The violation of any provision of this chapter or regulation of the Board adopted pursuant to this chapter.

      Sec. 176.  NRS 640A.210 is hereby amended to read as follows:

      640A.210  1.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may conduct investigations, hold hearings and examine witnesses in carrying out its duties pursuant to this chapter. For the purposes of this chapter:

      (a) Any member of the Board may administer oaths; and

      (b) The Chairman of the Board may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      2.  If any person fails to comply with the subpoena within 10 days after its issuance, the Chairman of the Board may petition the district court for an order of the court compelling compliance with the subpoena.

      3.  Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.

      4.  If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person must be dealt with as for contempt of court.

      Sec. 177.  NRS 640A.220 is hereby amended to read as follows:

      640A.220  1.  Except as otherwise provided in this section, [any records or information obtained during the course] a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation [by the Board] conducted to determine whether to initiate disciplinary action against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The [complaint or other document filed by] charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 178.  NRS 640B.220 is hereby amended to read as follows:

      640B.220  1.  Except as otherwise provided in subsection 4, all reasonable expenses incurred by the Board in carrying out the provisions of this chapter must be paid from the money that it receives. No part of the expenses of the Board may be paid from the State General Fund.

 


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      2.  All money received by the Board must be deposited in a bank or other financial institution in this State and paid out on its order for its expenses.

      3.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties related to that disciplinary action and deposit the money from the fines and penalties in a bank or other financial institution in this State.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the Board shall deposit all money collected from the imposition of fines and penalties with the State Treasurer for credit to the State General Fund. If money has been deposited in the State General Fund pursuant to this subsection, the Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 179.  NRS 640B.700 is hereby amended to read as follows:

      640B.700  1.  The Board may refuse to issue a license to an applicant [,] or may take disciplinary action against a licensee [,] if, after notice and a hearing [,] as required by law, the Board determines that the applicant or licensee:

      (a) Has submitted false or misleading information to the Board or any agency of this State, any other state, the Federal Government or the District of Columbia;

      (b) Has violated any provision of this chapter or any regulation adopted pursuant thereto;

      (c) Has been convicted of a felony, a crime relating to a controlled substance or a crime involving moral turpitude;

      (d) Is addicted to alcohol or any controlled substance;

      (e) Has violated the provisions of NRS 200.5093 or 432B.220;

      (f) Is guilty of gross negligence in his practice as an athletic trainer;

      (g) Is not competent to engage in the practice of athletic training;

      (h) Has failed to provide information requested by the Board within 60 days after he received the request;

      (i) Has engaged in unethical or unprofessional conduct as it relates to the practice of athletic training;

      (j) Has been disciplined in another state, a territory or possession of the United States, or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;

      (k) Has solicited or received compensation for services that he did not provide;

      (l) If the licensee is on probation, has violated the terms of his probation; or

      (m) Has terminated his professional services to a client in a manner that detrimentally affected that client.

      2.  The Board may, if it determines that an applicant for a license or a licensee has committed any of the acts set forth in subsection 1, after notice and a hearing [:] as required by law:

      (a) Refuse to issue a license to the applicant;

      (b) Refuse to renew or restore the license of the licensee;

 


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      (c) Suspend or revoke the license of the licensee;

      (d) Place the licensee on probation;

      (e) Impose an administrative fine of not more than $5,000;

      (f) Require the applicant or licensee to pay the costs incurred by the Board to conduct the investigation and hearing; or

      (g) Impose any combination of actions set forth in paragraphs (a) to (f), inclusive.

      3.  The Board shall not issue a private reprimand to a licensee.

      4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 180.  NRS 640B.720 is hereby amended to read as follows:

      640B.720  1.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may conduct investigations and hold hearings to carry out its duties pursuant to the provisions of this chapter.

      2.  In such a hearing:

      (a) Any member of the Board may administer oaths and examine witnesses; and

      (b) The Board or any member thereof may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      3.  Each witness who is subpoenaed to appear before the Board is entitled to receive for his attendance the same fees and mileage allowed by law to a witness in a civil case. The amount must be paid by the party who requested the subpoena. If any witness who has not been required to attend at the request of any party is subpoenaed by the Board, his fees and mileage must be paid from the money of the Board.

      4.  If any person fails to comply with the subpoena within 10 days after it is issued, the Chairman of the Board may petition a court of competent jurisdiction for an order of the court compelling compliance with the subpoena.

      5.  Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.

      6.  If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena. The failure of the person to obey the order is a contempt of the court that issued the order.

      Sec. 181.  NRS 640B.730 is hereby amended to read as follows:

      640B.730  1.  [Any records or information obtained during the course of an investigation by the Board are confidential until the investigation is completed. Upon completion of the investigation, the records and information are public records if:

      (a) Disciplinary action was taken by the Board as a result of the investigation; or

      (b) The person who was investigated submits a written request to the Board asking that the information and records be made public records.] Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

 


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against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with [another] or providing any documents or other information to any other licensing board or any other agency that is investigating a [licensee,] person, including, without limitation, a law enforcement agency.

      Sec. 182.  NRS 641.090 is hereby amended to read as follows:

      641.090  1.  The Secretary-Treasurer shall make and keep on behalf of the Board:

      (a) A record of all its meetings and proceedings.

      (b) A record of all violations and prosecutions under the provisions of this chapter.

      (c) A record of all examinations of applicants.

      (d) A register of all licenses.

      (e) A register of all holders of licenses.

      (f) An inventory of the property of the Board and of the State in the Board’s possession.

      2.  These records must be kept in the office of the Board and, except as otherwise provided in [NRS 641.255,] this section, are subject to public inspection during normal working hours upon reasonable notice.

      3.  The Board may keep the personnel records of applicants confidential.

      4.  Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      5.  The charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      6.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 183.  NRS 641.125 is hereby amended to read as follows:

      641.125  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may hold hearings and conduct investigations related to its duties under this chapter and take evidence on any matter under inquiry before it.

      Sec. 184.  NRS 641.230 is hereby amended to read as follows:

      641.230  The Board may suspend the license of a psychologist, place a psychologist on probation, revoke the license of a psychologist, require remediation for a psychologist or take any other action specified by regulation if the Board finds by [a preponderance of the] substantial evidence that the psychologist has:

 


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regulation if the Board finds by [a preponderance of the] substantial evidence that the psychologist has:

      1.  Been convicted of a felony relating to the practice of psychology.

      2.  Been convicted of any crime or offense that reflects the inability of the psychologist to practice psychology with due regard for the health and safety of others.

      3.  Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      4.  Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology.

      5.  Aided or abetted the practice of psychology by a person not licensed by the Board.

      6.  Made any fraudulent or untrue statement to the Board.

      7.  Violated a regulation adopted by the Board.

      8.  Had his license to practice psychology suspended or revoked or has had any other disciplinary action taken against him by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

      9.  Failed to report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology issued to him by another state or territory of the United States, the District of Columbia or a foreign country.

      10.  Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

      11.  Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

      12.  Engaged in sexual activity with a patient.

      13.  Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.

      14.  Been convicted of submitting a false claim for payment to the insurer of a patient.

      Sec. 185.  NRS 641.240 is hereby amended to read as follows:

      641.240  1.  If the Board, a panel of its members or a hearing officer appointed by the Board finds [the] a person guilty [as charged in the complaint,] in a disciplinary proceeding, it may:

      (a) Administer a public reprimand.

      (b) Limit his practice.

      (c) Suspend his license for a period of not more than 1 year.

      (d) Revoke his license.

      (e) Impose a fine of not more than $5,000.

      (f) Revoke or suspend his license and impose a monetary penalty.

      (g) Suspend the enforcement of any penalty by placing him on probation. The Board may revoke the probation if the person does not follow any conditions imposed.

      (h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board. The person named in the complaint is responsible for any expense incurred.

      (i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.

      (j) Require the person to pay for the costs of remediation or restitution.

 


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      2.  The Board shall not administer a private reprimand.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 186.  NRS 641.243 is hereby amended to read as follows:

      641.243  Except as otherwise provided in sections 2 to 41, inclusive, of this act:

      1.  Service of process made under this chapter must be either upon the person or by registered or certified mail with return receipt requested, addressed to the psychologist at his last known address, as indicated on the records of the Board, if possible. If personal service cannot be made and if notice by mail is returned undelivered, the Board shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the psychologist’s last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

      2.  Proof of service of process or publication of notice made under this chapter must be filed with the Board and must be recorded in the minutes of the Board.

      Sec. 187.  (Deleted by amendment.)

      Sec. 188.  NRS 641.272 is hereby amended to read as follows:

      641.272  1.  [If the Board determines that a complaint is not frivolous, it] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, the Board may require the person named in [the] a complaint to submit to a mental examination conducted by a panel of three psychologists designated by the Board or a physical examination conducted by a physician designated by the Board.

      2.  Every psychologist licensed under this chapter who accepts the privilege of practicing psychology in this State shall be deemed to have given his consent to submit to a mental or physical examination when directed to do so in writing by the Board. The testimony or reports of the examining psychologists or physician are privileged communications, except as to proceedings conducted pursuant to this chapter.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a psychologist to submit to an examination as provided in this section constitutes grounds for the immediate suspension of his license.

      Sec. 189.  NRS 641.273 is hereby amended to read as follows:

      641.273  [If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board has reason to believe that the conduct of any psychologist has raised a reasonable question as to his competence to practice psychology with reasonable skill and safety to patients, the Board may require him to take a written or oral examination to determine whether he is competent to practice psychology. If an examination is required, the reasons therefor must be documented and made available to the psychologist being examined.

      Sec. 190.  NRS 641.274 is hereby amended to read as follows:

      641.274  [If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board, a panel of its members or a hearing officer issues an order suspending the license of a psychologist pending proceedings for disciplinary action and requires the psychologist to submit to a mental or physical examination or an examination of his competency to practice psychology, the examination must be conducted and the results obtained within 60 days after the Board, panel of its members or hearing officer issues the order.

 


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within 60 days after the Board, panel of its members or hearing officer issues the order.

      Sec. 191.  NRS 641.276 is hereby amended to read as follows:

      641.276  [If:

      1.  A complaint charging unprofessional conduct, a conviction or the suspension or revocation of a license is not frivolous; or

      2.  With respect to a complaint reported by the Attorney General, the Board has determined to proceed with an action authorized under this chapter,

Ê the Board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint prepared by the Board to be served on the person named in the complaint at least 20 days before the date fixed for the hearing. If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a [hearing] disciplinary proceeding regarding the report must be [held] commenced within 30 days after [receiving] the Board receives the report.

      Sec. 192.  NRS 641.285 is hereby amended to read as follows:

      641.285  [In] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, in any disciplinary proceeding before the Board, a panel of its members or a hearing officer:

      1.  Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct or practice of psychology harmful to the public.

      2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice psychology is conclusive evidence of its occurrence.

      3.  The entering of a plea of nolo contendere in a court of competent jurisdiction shall be deemed a conviction of the offense charged.

      Sec. 193.  NRS 641.314 is hereby amended to read as follows:

      641.314  Notwithstanding the provisions of sections 2 to 41, inclusive, of this act:

      1.  Pending disciplinary proceedings [for disciplinary action by] before the Board, a panel of its members or a hearing officer, the court may, upon application by the Board or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a psychologist which is harmful to the public, to limit the psychologist’s practice or to suspend his license to practice psychology, without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      2.  The disciplinary proceedings before the Board, a panel of its members or a hearing officer must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

      Sec. 194.  NRS 641.318 is hereby amended to read as follows:

      641.318  [The] In addition to any other immunity provided by the provisions of sections 2 to 41, inclusive, of this act, the Board, a review panel of a hospital, an association of psychologists or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensing of a psychologist or the discipline of a psychologist for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

 


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civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      Sec. 195.  NRS 641.320 is hereby amended to read as follows:

      641.320  1.  Any person:

      (a) Whose practice of psychology has been limited;

      (b) Whose license has been revoked; or

      (c) Who has been placed on probation,

Ê by an order of the Board, a panel of its members or a hearing officer may apply to the Board after 1 year for removal of the limitation or [restoration] termination of the probation or may apply to the Board pursuant to the provisions of sections 2 to 41, inclusive, of this act for reinstatement of his revoked license.

      2.  In hearing the application, the Board:

      (a) May require the person to submit to a mental or physical examination conducted by psychologists or by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it considers proper.

      (b) Shall determine whether under all the circumstances the time of the application is reasonable.

      (c) May deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.

      Secs. 196-200.  (Deleted by amendment.)

      Sec. 201.  NRS 641B.150 is hereby amended to read as follows:

      641B.150  1.  Except as otherwise provided in subsection 4, all reasonable expenses incurred by the Board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the Board may be paid out of the State General Fund.

      2.  All money received by the Board must be deposited in qualified banks, credit unions or savings and loan associations in this State and paid out on its order for its expenses.

      3.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 202.  NRS 641B.170 is hereby amended to read as follows:

      641B.170  1.  Except as otherwise provided in [subsection 2,] this section, any records or information received by the Board relating to a licensee or an applicant for a license are confidential.

      2.  [Any records or information received by the Board are public records if:

      (a) The records or information were obtained by the Board during the course of an investigation, the investigation is completed and disciplinary action is imposed by the Board as a result of the investigation; or

 


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      (b) The licensee or the applicant for a license submits a written request to the Board asking that the information or records be made public records.

      3.  This section does] Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      3.  The charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      4.  The provisions of this section do not prohibit the Board from [providing any such records or information to another] communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency [,] that is investigating a person, including , without limitation, a law enforcement agency . [, which is investigating a person licensed pursuant to this chapter.]

      Sec. 203.  NRS 641B.300 is hereby amended to read as follows:

      641B.300  The Board shall charge and collect fees not to exceed the following amounts for:

 

Initial application...................................................................................... $40

Provisional license....................................................................................... 75

Initial issuance of a license..................................................................... 100

Annual renewal of a license.................................................................... 150

Restoration of a suspended license or reinstatement of a revoked license   150

Restoration of an expired license........................................................... 200

Renewal of a delinquent license............................................................. 100

Reciprocal license without examination............................................... 100

      Sec. 204.  NRS 641B.300 is hereby amended to read as follows:

      641B.300  The Board shall charge and collect fees not to exceed the following amounts for:

 

Initial application...................................................................................... $40

Provisional license....................................................................................... 75

Initial issuance of a license..................................................................... 100

Annual renewal of a license.................................................................... 150

[Restoration] Reinstatement of a revoked license.............................. 150

Restoration of an expired license........................................................... 200

Renewal of a delinquent license............................................................. 100

Reciprocal license without examination............................................... 100

      Sec. 205.  (Deleted by amendment.)

      Sec. 206.  NRS 641B.430 is hereby amended to read as follows:

      641B.430  1.  [The defendant licensee must be accorded the right to appear at the hearing of a complaint conducted by the Board in person and through the representation of legal counsel. He must be given adequate opportunity to confront the witnesses against him, testify and introduce the testimony of witnesses in his behalf and submit arguments and briefs in person or through his counsel.

 


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person or through his counsel. The Board shall make and announce its decision as soon as practicable.

      2.  The failure of the person charged to attend his hearing or defend himself must not delay and does not void the proceedings. The Board may, for good cause shown, continue any hearing from time to time.

      3.]  If the Board finds [the] a person guilty [as charged in the complaint, it] in a disciplinary proceeding, the Board may , by order:

      (a) Place the person on probation for a specified period or until further order of the Board.

      (b) Administer to the person a public reprimand.

      (c) Limit the practice of the person to, or by exclusion of, one or more specified branches of social work.

      (d) Suspend the license of the person to practice social work for a specified period or until further order of the Board.

      (e) Revoke the license of the person to practice social work.

      (f) Impose a fine of not more than $5,000, which must be deposited with the State Treasurer for credit to the State General Fund.

Ê The order of the Board may contain other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

      [4.] 2.  The Board shall not administer a private reprimand.

      [5.] 3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 207.  NRS 641B.450 is hereby amended to read as follows:

      641B.450  [No sooner than 1 year after the date his] After a license is revoked, a licensee may apply to the Board pursuant to the provisions of sections 2 to 41, inclusive, of this act for its reinstatement. The Board has complete discretion to accept or reject such an application and may require successful completion of an examination as a condition of reinstatement.

      Sec. 208.  NRS 641C.190 is hereby amended to read as follows:

      641C.190  1.  Except as otherwise provided in subsection 4, all expenses incurred by the Board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the Board may be paid out of the State General Fund.

      2.  All money received by the Board must be deposited in a bank, credit union or other financial institution in this State and paid out on its order for its expenses.

      3.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in a bank, credit union or other financial institution in this State.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the Board shall deposit the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund. If money is so deposited, the Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 209.  NRS 641C.200 is hereby amended to read as follows:

      641C.200  1.  The Board shall adopt such regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations that prescribe:

 


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      (a) The ethical standards for licensed and certified counselors and certified interns; and

      (b) The requirements for continuing education for the renewal, restoration or reinstatement of a license or certificate.

      2.  The Board may adopt regulations that prescribe:

      (a) The contents of a written examination concerning the practice of counseling problem gamblers;

      (b) The grounds for initiating disciplinary action against a certified problem gambling counselor or certified problem gambling counselor intern; and

      (c) Disciplinary procedures for certified problem gambling counselors and certified problem gambling counselor interns, including the suspension, revocation and reinstatement of a certificate as a problem gambling counselor or problem gambling counselor intern.

      3.  Any regulations adopted by the Board pursuant to this section must be consistent with the provisions of sections 2 to 41, inclusive, of this act.

      Sec. 210.  NRS 641C.500 is hereby amended to read as follows:

      641C.500  1.  The Board may, by regulation, provide for the certification of a person as a detoxification technician.

      2.  Any regulation adopted pursuant to subsection 1 must be consistent with the provisions of sections 2 to 41, inclusive, of this act and must include, without limitation, provisions relating to:

      (a) The requirements for submitting an application for a certificate, including, without limitation, the submission of a complete set of fingerprints pursuant to NRS 641C.260;

      (b) The scope of practice for a person who is issued a certificate;

      (c) The conduct of any investigation or hearing relating to an application for a certificate;

      (d) The examination of an applicant for a certificate or a waiver of examination for an applicant;

      (e) The requirements for issuing a certificate or provisional certificate;

      (f) The duration, expiration, renewal, restoration, suspension, revocation and reinstatement of a certificate;

      (g) The grounds for refusing the issuance, renewal, restoration or reinstatement of a certificate;

      (h) The conduct of any disciplinary or other administrative proceeding relating to a person who is issued a certificate;

      (i) The filing of a complaint against a person who is issued a certificate;

      (j) The issuance of a subpoena for the attendance of witnesses and the production of books, papers and records;

      (k) The payment of fees for:

             (1) Witnesses, mileage and attendance at a hearing or deposition; and

             (2) The issuance, renewal, restoration or reinstatement of a certificate;

      (l) The imposition of a penalty for a violation of any provision of the regulations; and

      (m) The confidentiality of any record or other information maintained by the Board relating to an applicant or the holder of a certificate.

      3.  A person shall not engage in any activity for which the Board requires a certificate as a detoxification technician pursuant to this section unless the person is the holder of such a certificate.

 


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ê2005 Statutes of Nevada, Page 795 (Chapter 225, SB 276)ê

 

      4.  In addition to the provisions of subsection 2, a regulation adopted pursuant to this section must include provisions that are substantially similar to the requirements set forth in NRS 641C.270, 641C.280 and 641C.710. Any provision included in a regulation pursuant to this subsection remains effective until the provisions of NRS 641C.270, 641C.280 and 641C.710 expire by limitation.

      5.  Except as otherwise provided in this section and NRS 641C.900, 641C.910 and 641C.950, the provisions of this chapter do not apply to the holder of a certificate that is issued in accordance with a regulation adopted pursuant to this section.

      6.  As used in this section, “detoxification technician” means a person who is certified by the Board to provide screening for the safe withdrawal from alcohol and other drugs.

      Sec. 211.  NRS 641C.720 is hereby amended to read as follows:

      641C.720  1.  The Board or any of its members who become aware of any ground for initiating disciplinary action against a person engaging in the practice of counseling alcohol and drug abusers in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.

      2.  [As soon as practicable after the filing of the complaint, the Board shall set a date for a hearing thereon. The date must not be earlier than 30 days after the complaint is filed, except that the date may be changed upon agreement of the parties. The Board shall immediately notify the licensed or certified counselor or certified intern of the complaint and the date and place set for the hearing. A copy of the complaint must be attached to the notice.

      3.  The failure of the licensed or certified counselor or certified intern to appear at the hearing does not delay or void the proceeding.

      4.  The Board may, for good cause, continue a hearing from time to time.

      5.] If, after notice and a hearing [,] as required by law, the Board determines that [the] a licensed or certified counselor or certified intern has violated a provision of this chapter or any regulation adopted pursuant to this chapter, it may:

      (a) Administer a public reprimand;

      (b) Suspend his license or certificate and impose conditions for the removal of the suspension;

      (c) Revoke his license or certificate and prescribe the requirements for the reinstatement of the license or certificate;

      (d) If he is a licensed or certified counselor, require him to be supervised by another person while he engages in the practice of counseling alcohol and drug abusers;

      (e) Require him to participate in treatment or counseling and pay the expenses of that treatment or counseling;

      (f) Require him to pay restitution to any person adversely affected by his acts or omissions;

      (g) Impose a fine of not more than $5,000; or

      (h) Take any combination of the actions authorized by paragraphs (a) to (g), inclusive.

      [6.] 3.  If his license or certificate is revoked or suspended pursuant to subsection [5,] 2, the licensed or certified counselor or certified intern may apply to the Board for [a rehearing within 10 days after the license or certificate is revoked or suspended.

 


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ê2005 Statutes of Nevada, Page 796 (Chapter 225, SB 276)ê

 

certificate is revoked or suspended. The licensed or certified counselor or certified intern] reinstatement of the suspended license or certificate or may apply to the Board pursuant to the provisions of sections 2 to 41, inclusive, of this act for reinstatement of his revoked license or certificate . [not earlier than 1 year after the license or certificate is revoked.] The Board may accept or reject the application and may require the successful completion of an examination as a condition of reinstatement of the license or certificate.

      [7.] 4.  The Board shall not administer a private reprimand.

      [8.] 5.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 212.  NRS 641C.760 is hereby amended to read as follows:

      641C.760  1.  Except as otherwise provided in this section, [any records or information obtained during the course of an investigation by the Board and any record of the] a complaint filed with the Board, 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 against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The [complaint or other document filed by] charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  [If the Board receives a request or subpoena for records or information obtained during an investigation by the Board and the records or information is not made public pursuant to subsection 2, the Board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the Board may release the records or information only upon the order of a court of competent jurisdiction.] The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 213.  NRS 642.075 is hereby amended to read as follows:

      642.075  1.  Except as otherwise provided in subsection 4, all reasonable expenses incurred by the Board in carrying out the provisions of this chapter and chapters 451 and 452 of NRS must be paid from the money which it receives. No part of the salaries or expenses of the Board may be paid out of the State General Fund.

      2.  Except as otherwise provided in this section, all money collected by the Board from the imposition of fines must be deposited with the State Treasurer for credit to the State General Fund. All other money received by the Board must be deposited in qualified banks, credit unions or savings and loan associations in this State and paid out on its order for its expenses.

      3.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter or chapter 451 and 452 of NRS, to impose and collect fines therefor and to deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

 


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ê2005 Statutes of Nevada, Page 797 (Chapter 225, SB 276)ê

 

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 214.  NRS 642.140 is hereby amended to read as follows:

      642.140  [1.  Before the Board may revoke a license to practice the profession of embalming, it shall give the licensee at least 30 days’ written notice of the charge against him and of the time and place of the hearing.

      2.]  Upon the revocation of [the license,] a license to practice the profession of embalming, the Secretary of the Board shall strike the name of the licensee from the register of licensed embalmers and notify all railroad, transportation and express companies doing business in the State of Nevada, and all licensed embalmers in this State, of that action.

      Sec. 215.  NRS 642.473 is hereby amended to read as follows:

      642.473  1.  If the Board determines that a person who holds a funeral director’s license, a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials has committed any of the acts set forth in NRS 642.470, the Board may:

      (a) Refuse to renew his license or permit;

      (b) Revoke his license or permit;

      (c) Suspend his license or permit for a definite period or until further order of the Board;

      (d) Impose a fine of not more than $5,000 for each act that constitutes a ground for disciplinary action;

      (e) Place him on probation for a definite period subject to any reasonable conditions imposed by the Board;

      (f) Administer a public reprimand; or

      (g) Impose any combination of disciplinary actions set forth in paragraphs (a) to (f), inclusive.

      2.  [Except as otherwise provided in NRS 642.518, before the Board may refuse to renew, or suspend or revoke a license or permit for any of the acts set forth in NRS 642.470, the Board shall give at least 10 days’ notice in writing to the licensee or holder of the permit. The notice must contain a brief statement of the reasons for the proposed action of the Board and designate a time and place for a hearing before any final action is taken.

      3.]  The Board shall not administer a private reprimand.

      [4.] 3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 216.  NRS 642.500 is hereby amended to read as follows:

      642.500  1.  A petition for the revocation or suspension of a permit to operate a funeral establishment, funeral director’s license or license to conduct direct cremations or immediate burials may be filed by the Attorney General or by the district attorney of the county in which the funeral establishment exists or the licensee resides or has practiced, or by any person residing in this State.

      2.  The petition must be filed with the Board and state the charges against the licensee with reasonable definiteness.

      [3.  Upon the presentation of the petition to the Board, the Board shall make an order fixing a time and place for a hearing on that petition which must not be less than 10 days nor more than 30 days after the presentation of the petition to the Board.

 


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ê2005 Statutes of Nevada, Page 798 (Chapter 225, SB 276)ê

 

must not be less than 10 days nor more than 30 days after the presentation of the petition to the Board.

      4.  Notice of the filing of the petition and the time and place of the hearing must be served upon the holder of the permit or licensee at least 10 days before the hearing. The notice may be served by any sheriff or constable or by any person appointed by the Board.]

      Sec. 217.  NRS 642.518 is hereby amended to read as follows:

      642.518  Notwithstanding the provisions of sections 2 to 41, inclusive, of this act:

      1.  If the Board finds that probable cause exists for the revocation of a license, permit or certificate issued by the Board pursuant to the provisions of this chapter or chapter 451 or 452 of NRS, and that enforcement of the provisions of this chapter or chapter 451 or 452 of NRS requires immediate suspension of the license, permit or certificate pending an investigation, the Board may, upon 5 days’ written notice and a preliminary hearing, enter an order suspending the license, permit or certificate for a period of not more than 60 days, pending a hearing upon the revocation of the license, permit or certificate.

      2.  For the purposes of this section, notice shall be deemed to be sufficient if the notice is personally served on the holder of the license, permit or certificate or posted at the address of the holder, as indicated in the records of the Board, at least 5 days before the preliminary hearing.

      3.  The provisions of NRS 241.034 do not apply to any action that is taken by the Board pursuant to this section.

      Sec. 218.  NRS 642.524 is hereby amended to read as follows:

      642.524  1.  Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The [complaint or other document filed by] charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 219.  NRS 642.530 is hereby amended to read as follows:

      642.530  1.  Except as otherwise provided in subsection 2, a person may seek judicial review of any final decision of the Board that is made pursuant to the provisions of this chapter or chapter 451 or 452 of NRS. Such judicial review must be conducted [pursuant to the provisions of chapter 233B of NRS that apply to a contested case.] as provided by law.

      2.  A person may not seek judicial review of any decision of the Board that orders an immediate suspension of a license, permit or certificate pursuant to NRS 642.518.

 


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ê2005 Statutes of Nevada, Page 799 (Chapter 225, SB 276)ê

 

      Sec. 220.  NRS 642.540 is hereby amended to read as follows:

      642.540  [If] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, if a holder of a license, permit or certificate seeks judicial review of the decision of the Board to revoke or suspend his license, permit or certificate, the decision of the Board must not be stayed by the proceedings on judicial review and the judicial review must not operate to restore the right of the holder of the license, permit or certificate to operate or practice pending the judicial review, unless a bond with a sufficient surety approved by the clerk of the district court is posted with the clerk, in such an amount as the district court may require, conditioned that the judicial review will be prosecuted without unnecessary delay and that, if the decision of the Board is affirmed, the holder of the license, permit or certificate will pay all costs.

      Sec. 221.  NRS 642.557 is hereby amended to read as follows:

      642.557  Notwithstanding the provisions of sections 2 to 41, inclusive, of this act:

      1.  If the Board has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter or chapter 451 or 452 of NRS, any regulation adopted by the Board pursuant thereto or any order of the Board, the Board may enter an order requiring the person to desist or refrain from engaging in the violation.

      2.  The provisions of NRS 241.034 do not apply to any action that is taken by the Board pursuant to this section.

      Sec. 222.  NRS 642.570 is hereby amended to read as follows:

      642.570  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board shall cause the prosecution of all persons violating any provision of this chapter or chapter 451 or 452 of NRS.

      Sec. 223.  NRS 643.170 is hereby amended to read as follows:

      643.170  1.  The Board shall not [suspend or revoke the license of any person, or] refuse to issue or renew any license, unless:

      (a) Before taking that action the Board gives written notice thereof to the accused stating the specific reason for its adverse action; and

      (b) The accused is granted the opportunity to appear before the Board for a hearing within 20 days after the date of the notice.

      2.  The Board may:

      (a) Summon witnesses.

      (b) Require the production of books, records and papers for the hearing.

      3.  Subpoenas must be issued by the Secretary-Treasurer of the Board directed to the sheriff of the proper county to be served and returned in the same manner as subpoenas in criminal cases. The fees and mileage of the sheriff and witnesses must be the same as is allowed in criminal cases and must be paid from the money of the Board as other expenses of the Board are paid.

      4.  If the accused prevails at the hearing, the Board shall grant him the proper relief without delay.

      5.  Any investigation, inquiry or hearing thus authorized may be entertained or held by or before a member or members of the Board, and the finding or order of the member or members, when approved and confirmed by the Board, shall be deemed the finding or order of the Board.

 


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ê2005 Statutes of Nevada, Page 800 (Chapter 225, SB 276)ê

 

      Sec. 224.  NRS 643.1717 is hereby amended to read as follows:

      643.1717  1.  The Board may immediately suspend a license to operate a barbershop for violation of any of the applicable provisions of this chapter or regulations adopted by the Board until the violation is cured.

      2.  [The] Except for immediate suspensions authorized pursuant to subsection 1, the Board may suspend or revoke a license to operate a barbershop for a violation of the provisions of this chapter or any regulation adopted by the Board [if the Board first gives the licensee 20 days’ written notice of the proposed suspension or revocation and affords the licensee a proper hearing.] only in a manner consistent with the provisions of sections 2 to 41, inclusive, of this act.

      3.  When a license to operate a barbershop has been suspended or revoked for a violation of the provisions of this chapter or the sanitary requirements of the Board, the Board shall post a notice on the shop stating the fact of suspension or revocation and the reason therefor.

      Sec. 225.  NRS 643.179 is hereby amended to read as follows:

      643.179  1.  The Board shall not refuse to issue or renew any license to operate a barber school [, or revoke or suspend any such license already issued,] except upon 20 days’ notice in writing to the interested parties.

      2.  The notice must contain a brief statement of the reasons for the contemplated action of the Board and shall designate a proper time and place for the hearing of all interested parties before any final action is taken.

      3.  Due notice, within the provisions of subsection 1, shall be deemed to have been given when the Board deposits with the United States Postal Service a copy of the notice, addressed to the designated or last known residence of the person applying for the license or to whom the license has already been issued.

      Sec. 226.  NRS 643.189 is hereby amended to read as follows:

      643.189  1.  Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The [complaint or other document filed by] charging document filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 227.  (Deleted by amendment.)

      Sec. 228.  NRS 644.170 is hereby amended to read as follows:

      644.170  1.  All fees collected on behalf of the Board and all receipts of every kind and nature must be reported at the beginning of each month, for the month preceding, to the Board. At the same time, the entire amount of collections, except as otherwise provided in subsection 5, must be paid to the Treasurer of the Board, who shall deposit them in banks, credit unions or savings and loan associations in the State of Nevada.

 


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ê2005 Statutes of Nevada, Page 801 (Chapter 225, SB 276)ê

 

      2.  The receipts must be for the uses of the Board and out of them must be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this chapter.

      3.  All orders for payment of money must be drawn on the Treasurer of the Board and countersigned by the President and the Secretary of the Board.

      4.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      5.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 229.  NRS 644.440 is hereby amended to read as follows:

      644.440  1.  [Except as otherwise provided in subsection 3, the] The Board may refuse to issue or renew any license [or revoke or suspend any license already issued,] only upon 20 days’ notice in writing to the interested parties. The notice must contain a brief statement of the reasons for the contemplated action of the Board and designate a proper time and place for the hearing of all interested parties before any final action is taken.

      2.  Notice, within the provisions of subsection 1, shall be deemed to have been given when the Board deposits with the United States Postal Service a copy of the notice, addressed to the designated or last known residence of the applicant or licensee.

      3.  [Violations] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, violations of any regulation of the Board for sanitation or of any statute or regulation of the State Board of Health or any county regulation concerning health may be corrected by any inspector of the Board by giving notice in the form of a citation. Any licensee receiving a citation shall immediately correct the violation or shall show that corrections have commenced. Failure to correct or to commence corrections within 72 hours after receipt of the citation subjects the license to immediate suspension. The Board may then give 20 days’ notice for hearing to show cause why the license should not be permanently revoked.

      4.  [The] Notwithstanding the provisions of sections 2 to 41, inclusive, of this act, the closure of any establishment or school by the State Board of Health acts as an automatic revocation of the license.

      Sec. 229.5.  NRS 644.446 is hereby amended to read as follows:

      644.446  1.  Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential [.] , unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The [complaint or other document filed by] charging document filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all documents and information considered by the Board when determining whether to impose discipline are public records.

 


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ê2005 Statutes of Nevada, Page 802 (Chapter 225, SB 276)ê

 

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 230.  NRS 648.033 is hereby amended to read as follows:

      648.033  1.  The Board shall maintain a public record of:

      (a) The business it transacts at its regular and special meetings; and

      (b) The applications received by it together with the record of the disposition of each application.

      2.  Information obtained by the Board from other than public sources concerning the:

      (a) Financial condition; or

      (b) Criminal record,

Ê of an applicant or a licensee is confidential and may be revealed only to the extent necessary for the proper administration of the provisions of this chapter.

      3.  The Board may release information described in subsection 2 to an agency of the Federal Government, of a state or of a political subdivision of this State.

      4.  The Board shall adopt by regulation a procedure for notifying the applicant or licensee of the release of confidential information pursuant to subsections 2 and 3. The Board shall release information described in subsection 2 concerning an applicant or licensee to the applicant or licensee upon request.

      5.  Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      6.  The charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      7.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 230.3.  NRS 648.040 is hereby amended to read as follows:

      648.040  1.  Except as otherwise provided in subsection 6, all money received pursuant to the provisions of this chapter must be deposited in the State Treasury for credit to the Attorney General’s Special Fund and must be used by the Board for the administration of this chapter and to pay the expenses and salary of members, agents and employees of the Board.

      2.  Any amount remaining in the Fund at the end of a fiscal year must be carried forward into the next fiscal year.

      3.  The Board through majority vote controls exclusively the expenditures from the Fund. The Board may not make expenditures or incur liabilities in a total amount greater than the amount of money actually available in the Fund.

 


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ê2005 Statutes of Nevada, Page 803 (Chapter 225, SB 276)ê

 

liabilities in a total amount greater than the amount of money actually available in the Fund.

      4.  Except as otherwise provided in subsection 6, the money in this Fund may be used to:

      (a) Pay the expenses of the Board in connection with the investigation of the background of an applicant;

      (b) Finance a substantive investigation of a licensee or of unlicensed activity; and

      (c) Pay the operational and administrative expenses of the Board and its Secretary,

Ê and for such other expenses as the Board deems appropriate to regulate the persons subject to its supervision.

      5.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in the State Treasury for credit to the Attorney General’s Special Fund.

      6.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5, the Board shall deposit the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund. In such a case, the Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 230.6.  NRS 648.175 is hereby amended to read as follows:

      648.175  1.  If, after notice and a hearing [,] as required by law, the Board finds that cause exists, the Board may:

      (a) Revoke the license of the licensee.

      (b) Suspend the license of the licensee for not more than 1 year for each violation.

      (c) Fine the licensee not more than $5,000 for each violation.

      (d) Suspend an order authorized by this section upon such terms and conditions as the Board considers appropriate.

      (e) Place the licensee on probation for not more than 2 years upon such terms and conditions as the Board considers appropriate.

      (f) Publicly reprimand the licensee.

      (g) Affirm, modify or vacate the penalty imposed by a notice of violation.

      2.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 231.  NRS 654.110 is hereby amended to read as follows:

      654.110  1.  [The] In a manner consistent with the provisions of sections 2 to 41, inclusive, of this act, the Board shall:

      (a) Develop, impose and enforce standards which must be met by persons to receive licenses as nursing facility administrators or administrators of residential facilities for groups. The standards must be designed to ensure that nursing facility administrators or persons acting as administrators of residential facilities for groups will be persons who are of good character and otherwise suitable, and who, by training or experience in their respective fields of administering health care facilities, are qualified to serve as nursing facility administrators or administrators of residential facilities for groups.

 


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ê2005 Statutes of Nevada, Page 804 (Chapter 225, SB 276)ê

 

      (b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether a person meets those standards.

      (c) Issue licenses to persons determined, after the application of appropriate techniques, to meet those standards.

      (d) Revoke or suspend licenses previously issued by the Board in any case if the person holding the license is determined substantially to have failed to conform to the requirements of the standards.

      (e) Establish and carry out procedures designed to ensure that persons licensed as nursing facility administrators or administrators of residential facilities for groups will, during any period they serve as such, comply with the requirements of the standards.

      (f) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the Board to the effect that any person licensed as a nursing facility administrator or an administrator of a residential facility for groups has failed to comply with the requirements of the standards. The Board shall initiate an investigation of any charge or complaint filed with the Board within 30 days after receiving the charge or complaint.

      (g) Conduct a continuing study of:

             (1) Facilities for skilled nursing, facilities for intermediate care and their administrators; and

             (2) Residential facilities for groups and their administrators,

Ê with a view to the improvement of the standards imposed for the licensing of administrators and of procedures and methods for the enforcement of the standards.

      (h) Conduct or approve, or both, a program of training and instruction designed to enable all persons to obtain the qualifications necessary to meet the standards set by the Board for qualification as a nursing facility administrator or an administrator of a residential facility for groups.

      2.  [All the] Except as otherwise provided in this section, all records kept by the Board, not otherwise privileged or confidential, are public records.

      3.  Except as otherwise provided in this section, a complaint filed with the Board, 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 against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to sections 2 to 41, inclusive, of this act and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      5.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 232.  NRS 654.120 is hereby amended to read as follows:

      654.120  1.  The Secretary of the Board shall receive and account for all money paid to the Board pursuant to this chapter. The Secretary of the Board shall deposit the money in banks, credit unions or savings and loan associations in the State of Nevada.

 

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