NRS: CHAPTER 645C - APPRAISERS OF REAL ESTATE

[Rev. 1/18/2009 1:52:44 PM]

CHAPTER 645C - APPRAISERS OF REAL ESTATE

GENERAL PROVISIONS

NRS 645C.010 Definitions.

NRS 645C.020 “Administrator” defined.

NRS 645C.030 “Appraisal” defined.

NRS 645C.040 “Appraiser” defined.

NRS 645C.045 “Certificate” defined.

NRS 645C.047 “Certified appraiser” defined.

NRS 645C.050 “Commission” defined.

NRS 645C.055 “Complex property” defined.

NRS 645C.060 “Division” defined.

NRS 645C.070 “Intern” defined.

NRS 645C.080 “License” defined.

NRS 645C.090 “Licensed appraiser” defined.

NRS 645C.100 “Permit” defined.

NRS 645C.110 “Real estate” defined.

NRS 645C.120 “Registered intern” defined.

NRS 645C.130 “Registration card” defined.

NRS 645C.140 Purpose of chapter.

NRS 645C.150 Applicability of chapter.

ADMINISTRATION

NRS 645C.170 Administration by Division; employment of professional consultants to investigate complaints; employees of Division.

NRS 645C.175 Authority for Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.

NRS 645C.180 Commission of Appraisers of Real Estate: Creation; appointment and terms of members; limitations on membership.

NRS 645C.190 Commission of Appraisers of Real Estate: Qualifications and oaths of members.

NRS 645C.200 Commission of Appraisers of Real Estate: Fiscal year; officers; meetings; compensation of members.

NRS 645C.210 Commission of Appraisers of Real Estate: Powers and duties; service of process.

NRS 645C.220 Records: Maintenance by Division; general provisions governing public inspection and confidentiality.

NRS 645C.225 Records: Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records.

NRS 645C.230 Publication and sale of manual or guide.

NRS 645C.240 Disposition of money received by Division; financial support of Division.

NRS 645C.250 Duties of Attorney General.

LICENSING AND PRACTICE

NRS 645C.260 Certificate, license, permit or registration card required; penalty; prosecution of violation.

NRS 645C.270 Interns: Registration card; supervision; authorization to work; denial of registration card.

NRS 645C.280 Types and scope of licenses and certificates.

NRS 645C.290 Application for certificate or license: Form and contents.

NRS 645C.295 Payment of child support: Submission of certain information by applicant; grounds for denial of license, certificate or registration card; duty of Division. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 645C.295 Payment of child support: Submission of certain information by applicant; grounds for denial of license, certificate or registration card; duty of Division. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 645C.300 Submission of fees and fingerprints with application; investigation of applicant’s background.

NRS 645C.310 Period for action on application.

NRS 645C.320 Qualifications for issuance and grounds for denial of certificate or license.

NRS 645C.330 Educational requirements and required experience.

NRS 645C.340 Examination for certificate or license: Fees; scope; use of professional testing organization.

NRS 645C.350 Frequency of examinations; taking examination before completion of experience; notification of applicant regarding satisfaction of requirements.

NRS 645C.360 Issuance of certificate or license without examination; reciprocal agreements for issuance of certificates or licenses.

NRS 645C.363 Permit to conduct appraisal to person who holds certificate or license in another state.

NRS 645C.367 Issuance of certificate, license or permit to resident of another state: Appointment of Administrator as agent for service of process; service of process upon Administrator.

NRS 645C.370 Notification of denial of application; leave to file another application; procedure for appeal of denial.

NRS 645C.380 Invalidation and surrender of certificate, license or registration card issued in error; notice; request for hearing.

NRS 645C.390 Form, size and contents of certificate, license or registration card; expiration and renewal; additional fee for electronic renewal.

NRS 645C.400 Offices of appraiser; change in name of business or location of office; record of appraisals; notices to Division.

NRS 645C.410 Termination of association between appraiser and intern: Duties of appraiser; suspension of registration card; prohibited acts of intern.

NRS 645C.420 Placement of certificate or license on inactive status; reinstatement.

NRS 645C.430 Continuing education: Requirements for renewal or reinstatement of certificate or license.

NRS 645C.440 Continuing education: Regulations; approval of courses.

NRS 645C.450 Schedule of fees; regulations.

ENFORCEMENT

NRS 645C.460 Grounds for disciplinary action; authorized disciplinary action; limitations on reissuance of certificate, license or registration card after revocation; orders imposing discipline deemed public records.

NRS 645C.463 Disciplinary action for failure to pay money to Commission or Division.

NRS 645C.465 Suspension of license, certificate or registration card for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license, certificate or registration card. [Effective until 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 645C.470 Unprofessional conduct of certified or licensed appraiser or registered intern.

NRS 645C.480 Unprofessional conduct of certified or licensed appraiser.

NRS 645C.490 Revocation or suspension of certificate, license or registration card for unprofessional conduct of associate.

NRS 645C.500 Revocation, suspension or denial of renewal of certificate, license or registration card: Complaint; hearing; notice of hearing. [Effective until the date 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 645C.500 Revocation, suspension or denial of renewal of certificate, license or registration card: Complaint; hearing; notice of hearing. [Effective on the date 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 645C.510 Revocation, suspension or denial of renewal of certificate, license or registration card: Answer or default; limitations on time for commencement of proceeding.

NRS 645C.520 Revocation or suspension of license or registration card: Notice of decision.

NRS 645C.525 Disciplinary proceedings, fines and penalties not affected by expiration, revocation or voluntary surrender of certificate, license or registration card.

NRS 645C.530 Administration of oaths; issuance and enforcement of subpoenas.

NRS 645C.540 Payment of witnesses for fees and mileage.

NRS 645C.550 Injunctions.

NRS 645C.555 Administrative fine for engaging in certain conduct without certificate, license, registration card or authorization; procedure for imposition of fine; judicial review; exceptions.

NRS 645C.560 Penalties.

NRS 645C.570 Duty to report conviction to Division.

_________

GENERAL PROVISIONS

NRS 645C.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645C.020 to 645C.130, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1989, 822; A 1997, 300)

NRS 645C.020 “Administrator” defined. “Administrator” means the Real Estate Administrator.

(Added to NRS by 1989, 822)

NRS 645C.030 “Appraisal” defined. “Appraisal” means an analysis, opinion or conclusion, whether written or oral, relating to the nature, quality, value or use of a specified interest in, or aspect of, identified real estate for or with the expectation of receiving compensation.

(Added to NRS by 1989, 822)

NRS 645C.040 “Appraiser” defined. “Appraiser” means a person who prepares or communicates an appraisal, but does not include anyone who merely relays an appraisal on behalf of the person who prepares it.

(Added to NRS by 1989, 822)

NRS 645C.045 “Certificate” defined. “Certificate” means a certificate issued to an appraiser pursuant to this chapter.

(Added to NRS by 1991, 887)

NRS 645C.047 “Certified appraiser” defined. “Certified appraiser” means an appraiser to whom a certificate has been issued pursuant to this chapter.

(Added to NRS by 1991, 887)

NRS 645C.050 “Commission” defined. “Commission” means the Commission of Appraisers of Real Estate.

(Added to NRS by 1989, 822)

NRS 645C.055 “Complex property” defined. “Complex property” means residential property which:

1. Is atypical for the marketplace in which it is located based on, without limitation, such factors as:

(a) The architectural style of the property;

(b) Special improvements made to the property;

(d) The use of the property;

(e) Environmental factors related to the property;

(f) Ownership of a partial interest in the property; and

2. Requires techniques to be used other than a simple comparison of sales or an analysis of cost or income in order to produce a reliable appraisal of that property.

(Added to NRS by 1997, 299)

NRS 645C.060 “Division” defined. “Division” means the Real Estate Division of the Department of Business and Industry.

(Added to NRS by 1989, 822; A 1993, 1893)

NRS 645C.070 “Intern” defined. “Intern” means a person who actively assists in the preparation or communication of an appraisal, but does not include anyone who merely provides information concerning real estate to an appraiser or records, transcribes or copies information concerning real estate for an appraiser, or relays an appraisal on behalf of an appraiser.

(Added to NRS by 1989, 822)

NRS 645C.080 “License” defined. “License” means a license issued to an appraiser pursuant to this chapter.

(Added to NRS by 1989, 823)

NRS 645C.090 “Licensed appraiser” defined. “Licensed appraiser” means an appraiser to whom a license has been issued pursuant to this chapter.

(Added to NRS by 1989, 823)

NRS 645C.100 “Permit” defined. “Permit” means a permit to conduct an appraisal issued to an appraiser by the Administrator pursuant to NRS 645C.363.

(Added to NRS by 1989, 823; A 1991, 887; 1993, 812)

NRS 645C.110 “Real estate” defined. “Real estate” includes land, any improvements and fixtures permanently affixed thereon, and every right, interest or estate therein, whether legal or equitable, whether corporeal or incorporeal, and whether the property is situated in this state or elsewhere, including without limitation freeholds, leaseholds and interests in condominiums, townhouses and planned unit developments.

(Added to NRS by 1989, 823)

NRS 645C.120 “Registered intern” defined. “Registered intern” means an intern to whom a registration card has been issued pursuant to this chapter.

(Added to NRS by 1989, 823)

NRS 645C.130 “Registration card” defined. “Registration card” means a card issued to an intern pursuant to this chapter signifying his registration by the Division.

(Added to NRS by 1989, 823)

NRS 645C.140 Purpose of chapter. The purpose of this chapter is to carry out the policy expressed in the portion of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. §§ 3331-3351) which concerns appraisers, to establish a program in this state to license and certify appraisers, and to protect the users of appraisals in this state.

(Added to NRS by 1989, 823; A 1991, 887)

NRS 645C.150 Applicability of chapter. The provisions of this chapter do not apply to:

1. A federal or state employee, or an employee of a local government, who prepares or communicates an appraisal as part of his official duties, unless a license or certificate is required as a condition of his employment.

2. A person appointed to evaluate real estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the appointing judge.

3. A board of appraisers acting pursuant to NRS 269.135.

4. A person licensed pursuant to chapter 645 or 684A of NRS, or certified pursuant to chapter 645D of NRS, while he is performing an act within the scope of his license or certificate.

5. A person who makes an evaluation of real estate as an incidental part of his employment for which special compensation is not provided, if that evaluation is only provided to his employer for internal use within the place of his employment.

6. A person who makes an assessment of the value of property in connection with a judicial proceeding for eminent domain brought pursuant to chapter 37 of NRS.

(Added to NRS by 1989, 823; A 1991, 887; 1997, 1797; 2005, 522)

ADMINISTRATION

NRS 645C.170 Administration by Division; employment of professional consultants to investigate complaints; employees of Division.

1. The Division shall:

(a) Administer this chapter and may employ legal counsel, investigators and other professional consultants necessary to the discharge of its duties pursuant to this chapter; and

(b) Within the limits of available money, employ or contract for the services of professional consultants to investigate complaints, conduct audits and perform any other activities necessary to ensure compliance with Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, as amended.

2. No employee of the Division may:

(a) Be employed by or have an interest in any business that prepares appraisals; or

(b) Act as an appraiser, as an agent for an appraiser or as an intern.

(Added to NRS by 1989, 825; A 2001, 3169)

NRS 645C.175 Authority for Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.

1. The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.

2. In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 to satisfy the legal requirement.

3. The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division or the Commission.

(Added to NRS by 2003, 1296)

NRS 645C.180 Commission of Appraisers of Real Estate: Creation; appointment and terms of members; limitations on membership.

1. The Commission of Appraisers of Real Estate is hereby created, consisting of five members appointed by the Governor.

2. At least two members of the Commission must be residents of the southern district of Nevada, which consists of the counties of Clark, Esmeralda, Lincoln and Nye.

3. At least two members of the Commission must be residents of the northern district of Nevada, which consists of Carson City, and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine.

4. Not more than two members may be appointed from any one county.

5. After the terms of the initial members, the Commission must contain at least two members who hold certificates as general appraisers and at least two members who hold certificates or licenses as residential appraisers.

6. A member of the Commission is eligible for reappointment, but shall not serve for a period greater than 6 years consecutively, after which he is not eligible for appointment or reappointment until 3 years have elapsed from his previous period of service.

(Added to NRS by 1989, 823; A 1991, 888)

NRS 645C.190 Commission of Appraisers of Real Estate: Qualifications and oaths of members.

1. Each member of the Commission must:

(a) Be a citizen of the United States or be lawfully entitled to remain and work in the United States;

(b) Have been a resident of the State of Nevada for not less than 5 years;

(c) Have been actively engaged in business as an appraiser within the State for a period of not less than 3 years immediately preceding the date of his appointment; and

(d) After the terms of the initial members, be a certified or licensed appraiser.

2. Before entering upon the duties of his office, each member of the Commission shall take:

(a) The constitutional oath of office; and

(b) An oath that he is legally qualified to serve as a member of the Commission.

(Added to NRS by 1989, 824; A 1991, 888)

NRS 645C.200 Commission of Appraisers of Real Estate: Fiscal year; officers; meetings; compensation of members.

1. The Commission shall:

(a) Operate on the basis of a fiscal year beginning on July 1 and ending on June 30.

(b) At the first meeting of each fiscal year, elect a President, Vice President and Secretary to serve for the ensuing year.

(c) Hold at least two meetings each year, one in the southern part of the State and one in the northern part of the State, at times and places designated by the Commission. When there is sufficient business, additional meetings of the Commission may be held at the call of the President of the Commission. Written notice of the time, place and purpose of each meeting must be given to each member at least 3 working days before the meeting.

2. While engaged in the business of the Commission, each member of the Commission is entitled to receive:

(a) A salary of not more than $150 per day, as fixed by the Commission; and

(b) A per diem allowance and travel expenses at a rate fixed by the Commission. The rate must not exceed the rate provided for state officers and employees generally.

(Added to NRS by 1989, 824; A 1991, 495; 2007, 2958)

NRS 645C.210 Commission of Appraisers of Real Estate: Powers and duties; service of process.

1. The Commission shall:

(a) Adopt a seal to authenticate its proceedings.

(b) Conduct hearings pursuant to this chapter.

(d) Adopt regulations:

(1) Governing the examinations, education and experience required by this chapter;

(2) Establishing standards for the preparation and communication of appraisals; and

(3) Establishing standards of professional conduct.

(e) Perform any other acts necessary to carry out the provisions of this chapter.

2. The Commission may:

(a) Adopt such regulations as are reasonable and necessary for the administration of this chapter; and

(b) By regulation delegate any authority conferred on it by this chapter to the Administrator to be exercised pursuant to the regulations of the Commission.

3. Service of process and other communications upon the Commission may be made at the principal office of the Division.

(Added to NRS by 1989, 824)

NRS 645C.220 Records: Maintenance by Division; general provisions governing public inspection and confidentiality.

1. The Division shall maintain a record of:

(a) Persons whose applications for a certificate, license or registration card have been denied;

(b) Investigations conducted by it which result in the initiation of formal disciplinary proceedings;

(d) Rulings or decisions upon complaints filed with it.

2. Except as otherwise provided in this section and NRS 645C.225, records kept in the office of the Division pursuant to this chapter are open to the public for inspection pursuant to regulations adopted by the Commission. Except as otherwise provided in NRS 239.0115, the Division may keep confidential, unless otherwise ordered by a court:

(a) Examinations for a certificate or license; and

(b) The criminal and financial records of an appraiser or intern, or an applicant for a certificate, license or registration card.

(Added to NRS by 1989, 825; A 1991, 888; 2003, 3470; 2007, 2147)

NRS 645C.225 Records: Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Commission, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a certificate, license or registration card issued pursuant to this chapter.

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

(Added to NRS by 2003, 3470; A 2007, 1545, 2148)

NRS 645C.230 Publication and sale of manual or guide. Upon approval of the Commission, the Division may publish or supply a manual or guide concerning appraisals, and offer it for sale to the public for a reasonable fee.

(Added to NRS by 1989, 826)

NRS 645C.240 Disposition of money received by Division; financial support of Division.

1. Except as otherwise provided in subsections 2 and 3, all fees, penalties and other charges received by the Division pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

2. Fees received by the Division:

(a) From the sale of publications, must be retained by the Division to pay the costs of printing and distributing publications.

(b) For examinations, must be retained by the Division to pay the costs of the administration of examinations.

Ê Any surplus of the fees retained by the Division must be deposited with the State Treasurer for credit to the State General Fund.

3. The portion of the fees collected by the Division pursuant to NRS 645C.450 for the issuance or renewal of a certificate or license as a residential appraiser or the issuance or renewal of a certificate as a general appraiser which is used for payment of the registry fee to the Financial Institutions Examination Council pursuant to 12 U.S.C. § 3338, must be retained by the Division for payment to the Financial Institutions Examination Council.

4. Money for the support of the Division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the State are paid.

(Added to NRS by 1989, 826; A 1993, 812; 1997, 847)

NRS 645C.250 Duties of Attorney General.

1. The Attorney General shall render to the Division opinions upon questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, submitted to him by the Division or the Commission.

2. The Attorney General shall act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to any of the provisions of this chapter.

(Added to NRS by 1989, 825)

LICENSING AND PRACTICE

NRS 645C.260 Certificate, license, permit or registration card required; penalty; prosecution of violation.

1. Any person who, in this State, engages in the business of, acts in the capacity of, advertises or assumes to act as:

(a) An appraiser without first obtaining the appropriate certificate, license or permit pursuant to this chapter; or

(b) An intern without first obtaining a registration card pursuant to this chapter,

Ê is guilty of a misdemeanor.

2. The Division may file a complaint in any court of competent jurisdiction for a violation of this section, and assist in presenting the law or facts at any hearing upon the complaint.

3. At the request of the Administrator, the Attorney General shall prosecute such a violation. Unless the violation is prosecuted by the Attorney General, the district attorney shall prosecute a violation which occurs in his county.

(Added to NRS by 1989, 826; A 1991, 889)

NRS 645C.270 Interns: Registration card; supervision; authorization to work; denial of registration card.

1. An intern must:

(a) Obtain a registration card from the Division; and

(b) Be associated with and supervised by the appraiser named in the registration card.

2. An intern shall not assist in the preparation or communication of an appraisal without the written authorization of the appraiser named in his registration card.

3. The Division may deny an application for a registration card on any ground sufficient to deny an application for a certificate or license.

(Added to NRS by 1989, 828; A 1991, 889)

NRS 645C.280 Types and scope of licenses and certificates.

1. An appraiser may obtain from the Division:

(a) A license as a residential appraiser, which authorizes him to perform an appraisal of real estate suitable for or consisting of no more than four residential units in any one transaction, if:

(1) The total value does not exceed $1,000,000 and the complexity of the transaction does not, under the regulations of a federal agency or the standards adopted by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, require a certified appraiser; or

(2) The property is not a complex property;

(b) A certificate as a residential appraiser, which authorizes him to perform an appraisal of real estate suitable for or consisting of no more than four residential units in any one transaction, without regard to value or complexity; or

2. A person certified or licensed as a residential appraiser may, under the direct supervision of a person certified as a general appraiser, assist in the preparation and communication of an appraisal that is outside the scope of his certificate or license.

3. The Commission may establish, by regulation, additional classifications of licensure or certification, and the qualifications therefor, if necessary to comply with classifications and qualifications established by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

(Added to NRS by 1989, 826; A 1991, 889; 2005, 1292)

NRS 645C.290 Application for certificate or license: Form and contents. An application for a certificate or license must be in writing upon a form prepared and furnished by the Division. The application must include the following information:

1. The name, age and address of the applicant.

2. The place or places, including the street number, city and county, where the applicant intends to conduct business as an appraiser.

3. The business, occupation or other employment of the applicant during the 5 years immediately preceding the date of the application, and the location thereof.

4. The periods during which, and the locations where, he gained his experience as an intern.

5. Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to:

(a) A felony and, if so, the nature of the felony.

(b) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

6. Whether the applicant has ever been refused a certificate, license or permit to act as an appraiser, or has ever had such a certificate, license or permit suspended or revoked, in any other jurisdiction.

7. If the applicant is a member of a partnership or association or is an officer of a corporation, the name and address of the principal office of the partnership, association or corporation.

8. Any other information the Division requires.

(Added to NRS by 1989, 827; A 1991, 890; 1995, 2480; 2003, 1504; 2007, 1477)

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

(a) An applicant for the issuance of a license, certificate or registration card issued pursuant to this chapter shall include the social security number of the applicant in the application submitted to the Division.

(b) An applicant for the issuance or renewal of a license, certificate or registration card issued pursuant to this chapter shall submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Division 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, certificate or registration card; or

(b) A separate form prescribed by the Division.

3. A license, certificate or registration card may not be issued or renewed by the Division pursuant to this chapter if the applicant:

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

(b) Indicates on the statement submitted pursuant to subsection 1 that 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 Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2174; A 2005, 2786, 2807)

NRS 645C.295 Payment of child support: Submission of certain information by applicant; grounds for denial of license, certificate or registration card; duty of Division. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

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

2. The Division 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, certificate or registration card; or

(b) A separate form prescribed by the Division.

3. A license, certificate or registration card may not be issued or renewed by the Division pursuant to this chapter if the applicant:

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

(Added to NRS by 1997, 2174; A 2005, 2786, 2787, 2807, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 645C.300 Submission of fees and fingerprints with application; investigation of applicant’s background.

1. Each application for a certificate, license or registration card must be accompanied by:

(a) The fee for the certificate, license or registration card;

(b) The fee to pay the costs of an investigation of the applicant’s background; and

2. Each applicant must, as part of his application and at his own expense:

(a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and

(b) Submit to the Division:

(1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary; or

(2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

3. The Division may:

(a) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

(b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

(Added to NRS by 1989, 828; A 1991, 891; 1997, 2175; 2003, 1297, 2864; 2005, 1293, 2788, 2807, 2814)

NRS 645C.310 Period for action on application. Unless the Division extends the time, it shall act upon an application for a certificate or license within 60 days after receiving the completed application. If in the opinion of the Administrator additional investigation of the applicant appears necessary, the Division may extend that period as long as necessary to complete the investigation before acting on the application.

(Added to NRS by 1989, 827; A 1991, 891)

NRS 645C.320 Qualifications for issuance and grounds for denial of certificate or license.

1. The Administrator shall issue a certificate or license, as appropriate, to any person:

(a) Of good moral character, honesty and integrity;

(b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330 or any regulation adopted pursuant to that section;

(c) Who, except as otherwise provided in NRS 645C.360, has satisfactorily passed a written examination approved by the Commission; and

(d) Who submits all information required to complete an application for a certificate or license.

2. The Administrator may deny an application for a certificate or license to any person who:

(a) Has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

(b) Makes a false statement of a material fact on his application; or

(c) Has had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.

(Added to NRS by 1989, 827; A 1991, 891; 1993, 812; 1995, 2481; 1997, 2175; 2003, 1504; 2005, 1294, 2788, 2807, 2815; 2007, 1477)

NRS 645C.330 Educational requirements and required experience. The Commission shall adopt regulations that prescribe the standards for education and experience required for the issuance of a certificate or license. Until the Commission adopts those regulations, the standards are as follows:

1. An applicant for a license as a residential appraiser must furnish proof satisfactory to the Commission that he has successfully completed:

(a) Not less than 90 hours of academic instruction in subjects related to appraisals taught in courses approved by the Commission; and

(b) At least 2 years of experience working full-time as an appraiser or intern.

2. An applicant for a certificate as a residential appraiser must furnish proof satisfactory to the Commission that he has successfully completed:

(a) Not less than 120 hours of academic instruction in subjects related to appraisal taught in courses approved by the Commission; and

(b) At least 2 years of experience working full-time as an appraiser or intern, including not less than 500 hours of experience relating to complex property.

3. An applicant for a certificate as a general appraiser must furnish proof satisfactory to the Commission that he has successfully completed:

(a) Not less than 180 hours of academic instruction in subjects related to appraisals taught in courses approved by the Commission; and

(b) At least 3 years of experience working full-time as an appraiser or intern.

Ê As used in this section, an “hour of academic instruction” means at least 50 minutes of actual time spent receiving instruction.

(Added to NRS by 1989, 826; A 1991, 891; 1993, 813; 1997, 300; 2005, 1295)

NRS 645C.340 Examination for certificate or license: Fees; scope; use of professional testing organization.

1. Each application for an examination for a certificate or license must be accompanied by the fees established by the Division pursuant to subsection 2 of NRS 645C.450.

2. The examination must test the applicant on his knowledge and understanding of:

(a) Subjects applicable to the type of certificate or license for which he is applying; and

(b) Laws regarding the practice of preparing and communicating appraisals, including the provisions of this chapter and any regulations adopted pursuant thereto.

3. The Division may hire a professional testing organization to create, administer or score the examination.

(Added to NRS by 1989, 828; A 1991, 892; 1995, 994)

NRS 645C.350 Frequency of examinations; taking examination before completion of experience; notification of applicant regarding satisfaction of requirements.

1. The Division shall cause examinations to be conducted not less than once every 6 months.

2. An applicant may take the written examination before he completes the requirements for experience, but a certificate or license must not be issued until all the requirements are met.

3. The Division shall notify each applicant in writing whether he passed or failed the examination, or has alternatively satisfied the requirements for a certificate, license or permit pursuant to NRS 645C.360, as determined by the Commission.

(Added to NRS by 1989, 828; A 1991, 892; 1993, 2806)

NRS 645C.360 Issuance of certificate or license without examination; reciprocal agreements for issuance of certificates or licenses.

1. An applicant for a certificate or license issued pursuant to this chapter is not required to pass the examination otherwise required by NRS 645C.320 if:

(a) He holds a certificate or license as an appraiser issued by another state or territory of the United States or the District of Columbia;

(b) The requirements for the examination for the certificate or license issued in that state or territory of the United States or the District of Columbia are substantially equivalent to the requirements for the examination required by this State for a certificate or license; and

(c) The applicant has passed the examination in that state or territory of the United States or the District of Columbia.

2. The Division shall issue a certificate or license to a person who holds a certificate or license as an appraiser issued by a state or territory of the United States or the District of Columbia if it has entered into a reciprocal agreement with the Commission for the issuance of certificates and licenses pursuant to this chapter and the person submits proof to the Division that:

(a) He has been issued a certificate or license by the state or territory of the United States or the District of Columbia; and

(b) At the time he files his application with the Division, the certificate or license is in effect.

3. The Commission shall not enter into a reciprocal agreement pursuant to subsection 2 unless the provisions relating to the appraisal of real estate, including the requirements for the licensing of appraisers of real estate, in the other state or territory of the United States or District of Columbia are substantially similar to the provisions relating to the appraisal of real estate in this State.

(Added to NRS by 1989, 827; A 1991, 892; 1993, 813)

NRS 645C.363 Permit to conduct appraisal to person who holds certificate or license in another state.

1. The Division may issue a permit to conduct an appraisal in this State to a person who holds a certificate or license issued by another state or territory of the United States or the District of Columbia.

2. The Commission shall adopt regulations which prescribe the requirements for the issuance of such a permit.

(Added to NRS by 1993, 811)

NRS 645C.367 Issuance of certificate, license or permit to resident of another state: Appointment of Administrator as agent for service of process; service of process upon Administrator.

1. The Division shall not issue a certificate, license or permit pursuant to this chapter to an applicant who is a resident of another state unless he has executed a written statement that appoints the Administrator as his agent for the service of process for any action or proceeding filed against him in this State.

2. The statement of appointment must include a provision which provides:

(a) That any process which is served on the Administrator shall be deemed to have the same legal validity as if it had been served on the applicant;

(b) That the appointment of the Administrator as his agent for the service of process continues as long as any liability remains outstanding against him in this State; and

(c) For venue in any judicial or administrative district in this State without regard to the residence or principal place of business of the holder of a certificate or license.

3. The statement of appointment must be signed by the applicant and notarized. The applicant shall file a copy of the statement of appointment with the Administrator. A copy of the statement which is certified by the Administrator shall be deemed sufficient evidence of the appointment.

4. If any process is served upon the Administrator pursuant to this section, the Administrator shall mail the process by certified mail to the last known address of the person holding the certificate, license or permit. Service of process shall be deemed complete upon mailing. The manner of the service of process described in this subsection does not affect the validity of any other service of process authorized by law.

(Added to NRS by 1993, 811)

NRS 645C.370 Notification of denial of application; leave to file another application; procedure for appeal of denial.

1. If an application is denied, the Division shall notify the applicant within 15 days after its decision. If the denial is on grounds other than a failure to pass the examination, the applicant may not reapply until he petitions the Division for leave to file another application. The Division may grant or deny that leave in its sole discretion.

2. If the applicant, within 30 days after receipt of the notice denying his application, files a written request containing allegations which, if true, qualify the applicant for a certificate, license or registration card, the President of the Commission shall set the matter for a hearing to be conducted within 90 days after receipt of the applicant’s request.

3. The hearing must be held at a time and place prescribed by the Commission. At least 15 days before the date set for the hearing, the Division shall serve the applicant with written notice of the hearing and include with the notice an exact copy of any protests filed, together with copies of all communications, reports, affidavits or depositions in possession of the Division relevant to the matter in question. The notice may be served by personal delivery to the applicant, or by mailing it by certified mail to the applicant’s last known business or residential address.

4. The hearing may be held by the Commission or a majority thereof, and a hearing must be held if the applicant so desires. A record of the proceedings, or any part thereof, must be made available to each party upon the payment to the Division of the reasonable cost of transcription.

5. The Commission shall render a decision on the matter within 60 days after the final hearing and notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.

(Added to NRS by 1989, 829; A 1991, 892)

NRS 645C.380 Invalidation and surrender of certificate, license or registration card issued in error; notice; request for hearing. The Division, upon the discovery of any error in the issuance of a certificate, license or registration card which is related to the qualifications or fitness of the holder thereof, may invalidate the certificate, license or registration card upon notice in writing to the holder. The holder shall surrender the certificate, license or registration card to the Division within 20 days after the notice is sent by the Division. A person whose certificate, license or registration card is invalidated pursuant to this section, and who has surrendered his certificate, license or registration card, may request a hearing on the matter as for the denial of an application pursuant to NRS 645C.370.

(Added to NRS by 1989, 829; A 1991, 893)

NRS 645C.390 Form, size and contents of certificate, license or registration card; expiration and renewal; additional fee for electronic renewal.

1. The Division shall issue a certificate, license or registration card to each eligible person in the form and size prescribed by the Commission. A certificate, license or registration card must:

(a) Show the name and address of the appraiser or intern and the location of each place where he transacts business as an appraiser or intern;

(b) Have imprinted thereon the seal of the Commission; and

2. A certificate, license or registration card is valid for 2 years after the first day of the first calendar month immediately following the date it is issued.

3. If an appraiser fails to apply for the renewal of his certificate or license and pay the fee for renewal before the certificate or license expires, and then applies for renewal:

(a) No later than 1 year after the date of expiration, he must pay a fee equal to 150 percent of the amount otherwise required for renewal.

(b) Later than 1 year after the date of expiration, he must apply in the same manner as for an original certificate or license.

4. The Division may:

(a) Create and maintain a secure website on the Internet through which each certificate, license or registration card issued pursuant to the provisions of this chapter may be renewed; and

(b) For each certificate, license or registration card renewed through the use of a website created and maintained pursuant to paragraph (a), charge a fee in addition to any other fee provided for pursuant to this chapter which must not exceed the actual cost to the Division for providing that service.

(Added to NRS by 1989, 829; A 1991, 893; 2007, 585)

NRS 645C.400 Offices of appraiser; change in name of business or location of office; record of appraisals; notices to Division.

1. An appraiser shall maintain a principal office for the transaction of his business as an appraiser. If he maintains additional offices in this state, he must obtain a duplicate certificate or license from the Division for each additional office. The appraiser shall display his certificate or license conspicuously in each of his offices.

2. An appraiser shall give written notice to the Division and surrender his certificate or license within 10 days after any change in the name of his business or the location of an office. Upon the surrender of the certificate or license and the payment of the appropriate fee, the Division shall issue a certificate or license valid for the remaining period of the original certificate or license.

3. An appraiser shall maintain a record of each appraisal he prepares for not less than 5 years after completion of the appraisal, and notify the Division of the location where the record is stored and of any change in that location.

4. Failure to give any notice pursuant to this section is cause for the revocation or suspension of the certificate or license or placement of the certificate or license on inactive status.

(Added to NRS by 1989, 830; A 1991, 894)

NRS 645C.410 Termination of association between appraiser and intern: Duties of appraiser; suspension of registration card; prohibited acts of intern.

1. If an intern for any reason terminates his association with an appraiser, the appraiser shall:

(a) Immediately deliver or mail by certified mail to the Division the intern’s registration card, together with a written statement of the circumstances surrounding the termination of the association and a copy of the notice required by paragraph (b); and

(b) At the time of delivering or mailing the registration card to the Division, advise the intern that his registration card has been forwarded to the Division by mailing notice of that fact to the intern’s last known residential address.

2. The registration card must be suspended if the intern does not become associated with another certified appraiser within 60 days after the termination of his previous association.

3. The intern shall not assist in the preparation or communication, whether directly or indirectly, of an appraisal under the authority of his registration card from the date that the registration card is delivered or mailed by the appraiser with whom his association was terminated to the Division, until the date that a new registration card is issued naming another appraiser with whom the intern has become associated.

(Added to NRS by 1989, 830; A 1991, 894; 2007, 1545)

NRS 645C.420 Placement of certificate or license on inactive status; reinstatement.

1. The Division may place a certificate or license on inactive status:

(a) At the request of the appraiser;

(b) For failure of the appraiser to notify the Division pursuant to NRS 645C.400 of any change in the name or location of his business, or of the location or any change in the location where his records are stored;

(d) As a result of a disciplinary proceeding against the appraiser.

2. An appraiser whose certificate or license has been placed on inactive status shall not prepare or communicate appraisals until he meets all the requirements for the reinstatement of his certificate or license.

3. A certificate or license may be reinstated upon submission of the required fee and proof of completion of the required hours of continuing education, and upon approval by the Division.

(Added to NRS by 1989, 831; A 1991, 894)

NRS 645C.430 Continuing education: Requirements for renewal or reinstatement of certificate or license.

1. An appraiser must complete the requirements for continuing education prescribed by regulations adopted by the Commission as a condition to the renewal of an active certificate or license or the reinstatement of an inactive certificate or license. Until the Commission adopts those regulations, the standards for continuing education are as follows:

(a) For the renewal of an active certificate or license, not less than 30 hours of instruction within the 2 years immediately preceding the application for renewal.

(b) For the reinstatement of a certificate or license which has been on inactive status:

(1) For not more than 2 years, or for more than 2 years including the initial period of certification or licensure, not less than 30 hours of instruction.

(2) For more than 2 years, no part of which includes the initial period of certification or licensure, not less than 15 hours of instruction per year for each year that the certificate or license was on inactive status, not to exceed 60 hours of instruction.

2. As used in this section, an “hour of instruction” means at least 50 minutes of actual time spent receiving instruction.

(Added to NRS by 1989, 830; A 1991, 895; 1997, 300; 2005, 1295)

NRS 645C.440 Continuing education: Regulations; approval of courses.

1. The Commission shall adopt regulations governing the continuing education of certified or licensed appraisers. The regulations must include the criteria for approving each course and the requirements for submission of proof of attendance at a course.

2. In approving courses for continuing education the Commission shall authorize a variety of subjects and give consideration to specialized areas of practice and the availability of programs. An appropriate educational course given by an accredited university or community college must be approved by the Commission.

(Added to NRS by 1989, 831; A 1991, 895)

NRS 645C.450 Schedule of fees; regulations.

1. The following fees may be charged and collected by the Division:

Application for a certificate, license or registration card............................... $100

Issuance or renewal of a certificate or license as a residential appraiser..... 290

Issuance or renewal of a certificate as a general appraiser............................ 390

Issuance of a permit.............................................................................................. 115

Issuance or renewal of a registration card......................................................... 190

Issuance of a duplicate certificate or license for an additional office............ 50

Change in the name or location of a business..................................................... 20

Reinstatement of an inactive certificate or license............................................. 30

Annual approval of a course of instruction offered in preparation for an initial certificate or license 100

Original approval of a course of instruction offered for continuing education 100

Renewal of approval of a course of instruction offered for continuing education 50

2. The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:

(a) Any examination for a certificate or license, including any costs which are necessary for the administration of such an examination.

(b) Any investigation of a person’s background.

(Added to NRS by 1989, 831; A 1991, 895; 1995, 995; 2001, 3169; 2003, 1298)

ENFORCEMENT

1. Grounds for disciplinary action against a certified or licensed appraiser or registered intern include:

(a) Unprofessional conduct;

(b) Professional incompetence;

(c) A criminal conviction for a felony relating to the practice of appraisers or any offense involving moral turpitude; and

(d) The suspension or revocation of a registration card, certificate, license or permit to act as an appraiser in any other jurisdiction.

2. If grounds for disciplinary action against an appraiser or intern exist, the Commission may do one or more of the following:

(a) Revoke or suspend his certificate, license or registration card.

(b) Place conditions upon his certificate, license or registration card, or upon the reissuance of a certificate, license or registration card revoked pursuant to this section.

(d) Impose a fine of not more than $10,000 for each violation.

3. If a certificate, license or registration card is revoked by the Commission, another certificate, license or registration card must not be issued to the same appraiser or intern for at least 1 year after the date of the revocation, or at any time thereafter except in the sole discretion of the Administrator, and then only if the appraiser or intern satisfies all the requirements for an original certificate, license or registration card.

4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

(Added to NRS by 1989, 831; A 1991, 896; 1993, 892; 2001, 525; 2003, 2726, 3471; 2007, 1546)

NRS 645C.463 Disciplinary action for failure to pay money to Commission or Division. In addition to any other remedy or penalty, the Commission or the Division, as appropriate, may:

1. Refuse to issue a certificate, license or registration card to a person who has failed to pay money which the person owes to the Commission or the Division.

2. Refuse to renew, or suspend or revoke, the certificate, license or registration card of a person who has failed to pay money which the person owes to the Commission or the Division.

(Added to NRS by 2003, 1297)

1. If the Division 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, certificate or registration card issued pursuant to this chapter, the Division shall deem the license, certificate or registration card 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 Division receives a letter issued to the holder of the license, certificate or registration card by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license, certificate or registration card has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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

(Added to NRS by 1997, 2174; A 2005, 2807)

NRS 645C.470 Unprofessional conduct of certified or licensed appraiser or registered intern. A certified or licensed appraiser or registered intern is guilty of unprofessional conduct if he:

1. Willfully uses a trade name, service mark or insigne indicating membership in an organization for appraisers of which he is not a member;

2. Violates any order of the Commission, agreement with the Division, provision of this chapter or provision of any regulation adopted pursuant to this chapter;

3. Fails to disclose to any person with whom he is dealing any material fact or other information he knows, or in the exercise of reasonable care and diligence should know, concerning or relating to any real estate he appraises, including any interest he has in the real estate;

4. Knowingly communicates a false or fraudulent appraisal to any interested person or otherwise engages in any deceitful, fraudulent or dishonest conduct;

5. Enters into a contract to prepare an appraisal by which his compensation is based partially or entirely on the amount of the appraised value of the real estate;

6. Before obtaining his license or registration card, engaged in any conduct of which the Division is not aware that would be a ground for the denial of a certificate, license or registration card; or

7. Makes a false statement of material fact on his application.

(Added to NRS by 1989, 832; A 1991, 896)

NRS 645C.480 Unprofessional conduct of certified or licensed appraiser.

1. A certified or licensed appraiser is guilty of unprofessional conduct if he:

(a) Fails to produce any document, book or record in his possession or under his control after being requested to do so by the Division as part of its investigation of a complaint;

(b) Refuses to prepare or communicate an appraisal because of age, race, color, national origin, disability, familial status, sex or ethnic group; or

2. As used in this section:

(a) “Disability” means, with respect to a person:

(1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

(2) A record of such an impairment; or

(3) Being regarded as having such an impairment.

(b) “Familial status” means the fact that a person:

(1) Lives with a child under the age of 18 and has:

(I) Lawful custody of the child; or

(II) Written permission to live with the child from the person who has lawful custody of the child;

(2) Is pregnant; or

(3) Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.

(Added to NRS by 1989, 832; A 1991, 897, 1983; 1995, 1995)

NRS 645C.490 Revocation or suspension of certificate, license or registration card for unprofessional conduct of associate. Unprofessional conduct by an appraiser is not a ground for the revocation or suspension of the registration card of an intern, or the certificate or license of another appraiser, who is associated with that appraiser unless it appears to the satisfaction of the Commission that the associate knew or should have known of that conduct. A course of conduct which is shown to have been persistently and consistently followed by the appraiser guilty of unprofessional conduct is prima facie evidence of that knowledge on the part of the associate.

(Added to NRS by 1989, 832; A 1991, 897)

1. Except as otherwise provided in NRS 425.540, the procedure set forth in this section and NRS 645C.510 and 645C.520 must be followed before the Commission revokes, suspends or denies the renewal of a certificate, license or registration card.

2. Upon the initiation of a complaint by the Administrator, he shall set the matter for a hearing and schedule a date for the hearing before the Commission. The appraiser or intern is entitled to appear at the hearing in person and to be represented by counsel.

3. The Commission shall hold the hearing within 90 days after the filing of a complaint by the Administrator. The hearing may be continued by the Commission upon its own motion, or at the discretion of the Commission upon the written request of the Division, appraiser or intern, for good cause shown.

4. The Division shall give written notice of the date, time and place of the hearing, together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in the possession of the Division relevant to the complaint, to the appraiser or intern not less than 30 days before the hearing. The Division may present evidence it obtains after the notice was given only if it shows that the evidence was not available upon diligent investigation before the notice was given and that the evidence was given or communicated to the appraiser or intern immediately after it was obtained.

5. Notice pursuant to this section is deemed to be given upon personal delivery to the appraiser or intern, or upon mailing by certified mail to his last known address. If the complaint is against an intern, the Division shall also notify the appraiser with whom he is associated by mailing an exact statement of the charges, and the date, time and place of the hearing, by certified mail to the last known address of the appraiser.

(Added to NRS by 1989, 833; A 1991, 897; 1997, 2175; 2001, 526; 2005, 2807)

1. The procedure set forth in this section and NRS 645C.510 and 645C.520 must be followed before the Commission revokes, suspends or denies the renewal of a certificate, license or registration card.

(Added to NRS by 1989, 833; A 1991, 897; 1997, 2175; 2001, 526; 2005, 2807, effective on the date 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 645C.510 Revocation, suspension or denial of renewal of certificate, license or registration card: Answer or default; limitations on time for commencement of proceeding.

1. The appraiser or intern must file an answer to the charges with the Commission not later than 30 days after service of the notice and other documents described in NRS 645C.500. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the appraiser or intern will rely. If no answer is filed within the period described in this subsection, the Division may, after notice to the appraiser or intern given in the manner provided in subsection 5 of NRS 645C.500, move the Commission for the entry of a default against the appraiser or intern.

2. The answer may be served by delivery to the Commission, or by mailing the answer by certified mail to the principal office of the Division.

3. No proceeding to suspend, revoke or deny the renewal of a certificate, license or registration card may be maintained unless it is commenced by giving notice to the appraiser or intern within 5 years after the commission or omission of the alleged grounds to suspend, revoke or deny the renewal of the certificate, license or registration, except that:

(a) If the charges are based upon a misrepresentation or failure to disclose, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation or failure to disclose; and

(b) The period is suspended during the pendency of any action or proceeding, to which the Division, appraiser or intern is a party, which involves the conduct of the appraiser or intern in a transaction to which the alleged grounds to suspend, revoke or deny the renewal of the certificate, license or registration are related.

(Added to NRS by 1989, 833; A 1991, 898; 2001, 526; 2005, 1296)

NRS 645C.520 Revocation or suspension of license or registration card: Notice of decision. The Commission shall render a decision within 15 days after a hearing and serve the appraiser or intern with written notice of the decision within 60 days after the hearing. If the decision is adverse to the appraiser or intern, the notice must include the date upon which the decision becomes effective, which must be not less than 30 days after the date of the notice.

(Added to NRS by 1989, 834)

NRS 645C.525 Disciplinary proceedings, fines and penalties not affected by expiration, revocation or voluntary surrender of certificate, license or registration card. The expiration or revocation of a certificate, license or registration card by operation of law or by order or decision of the Commission or a court of competent jurisdiction, or the voluntary surrender of a certificate, license or registration card by a certified or licensed appraiser or registered intern does not:

1. Prohibit the Commission or Division from initiating or continuing an investigation of, or action or disciplinary proceeding against, the certified or licensed appraiser or registered intern as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or

2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the certified or licensed appraiser or registered intern.

(Added to NRS by 2001, 525)

NRS 645C.530 Administration of oaths; issuance and enforcement of subpoenas.

1. Any member of the Commission may administer oaths and issue subpoenas to compel the attendance of witnesses and the production of books and papers.

2. If any witness refuses to attend, testify or produce any books and papers as required by the subpoena, the Administrator or the President of the Commission may report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the Commission pursuant to this section; and

(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Commission, or has refused to answer questions propounded to him,

Ê and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Commission.

3. Upon such a petition, the court shall enter an order directing the witness 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 then and there show cause why he has not attended, testified or produced the books or papers before the Commission. A certified copy of the order must be served upon the witness.

4. If it appears to the court that the subpoena was regularly issued by the Commission, the court shall enter an order that the witness appear before the commission, at the time and place fixed in the order, and testify or produce the required books and papers. Upon failure to obey the order the witness must be dealt with as for contempt of court.

(Added to NRS by 1989, 834)

NRS 645C.540 Payment of witnesses for fees and mileage.

1. Each witness who appears by order of the Commission is entitled to receive for his attendance the same fees and mileage allowed by law to a witness in a civil case, which must be paid by the party at whose request the witness is subpoenaed.

2. When a witness not otherwise required to attend is subpoenaed by the Commission, his fees and mileage must be paid by the Division.

(Added to NRS by 1989, 834)

NRS 645C.550 Injunctions.

1. Whenever the Division believes from evidence satisfactory to it that any person has violated or is about to violate a provision of this chapter, or a provision of any regulation, order, decision, demand or requirement of the Division or the Commission, it may bring an action, in the name of the Division, in the district court of the State of Nevada in and for the county where the person resides, or, if the person resides outside the State of Nevada, in any court of competent jurisdiction within or outside the State of Nevada, against the person to enjoin him from engaging in or continuing the violation, or from doing any act or acts in furtherance of the violation.

2. If the action is brought in a district court of the State of Nevada, an order or judgment may be entered, when proper, awarding a temporary restraining order, preliminary injunction or final injunction. A preliminary injunction or temporary restraining order must not be granted without at least 5 days’ notice to the opposite party.

(Added to NRS by 1989, 825)

NRS 645C.555 Administrative fine for engaging in certain conduct without certificate, license, registration card or authorization; procedure for imposition of fine; judicial review; exceptions.

1. In addition to any other remedy or penalty, the Commission may impose an administrative fine against any person who knowingly:

(a) Engages or offers to engage in any activity for which a certificate, license or registration card or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required certificate, license or registration card or has not been given the required authorization; or

(b) Assists or offers to assist another person to commit a violation described in paragraph (a).

2. If the Commission imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.

3. In determining the appropriate amount of the administrative fine, the Commission shall consider:

(a) The severity of the violation and the degree of any harm that the violation caused to other persons;

(b) The nature and amount of any gain or economic benefit that the person derived from the violation;

(d) Any other facts or circumstances that the Commission deems to be relevant.

4. Before the Commission may impose the administrative fine, the Commission must provide the person with notice and an opportunity to be heard.

5. The person is entitled to judicial review of the decision of the Commission in the manner provided by chapter 233B of NRS.

6. The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:

(a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and

(b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

(Added to NRS by 2003, 1297)

NRS 645C.560 Penalties.

1. Any person who obtains or attempts to obtain a certificate, license or registration card by means of intentional misrepresentation, deceit or fraud shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $10,000, or by both a fine and imprisonment.

2. Any certified or licensed appraiser or registered intern who is guilty of unprofessional conduct shall be punished, in addition to any administrative fine imposed by the Commission, by a criminal fine of not more than $500 for each offense.

3. Any person who:

(a) Holds himself out as a certified or licensed appraiser or registered intern;

(b) Uses in connection with his name the words “licensed,” “registered,” “certified” or any other title, word, letter or other designation intended to imply or designate that he is a certified or licensed appraiser or registered intern; or

(c) Describes or refers to any appraisal or other valuation of real estate prepared by him as “certified” or “licensed” in this state,

Ê without first obtaining a certificate, license or permit as provided in this chapter is guilty of a gross misdemeanor.

(Added to NRS by 1989, 834; A 1991, 898)

NRS 645C.570 Duty to report conviction to Division.

1. A certified or licensed appraiser or registered intern shall notify the Division in writing if he is convicted of, or enters a plea of guilty, guilty but mentally ill or nolo contendere to, a felony relating to the practice of appraisers or any offense involving moral turpitude.

2. A certified or licensed appraiser or registered intern shall submit the notification required by subsection 1:

(a) Not more than 10 days after the conviction or entry of the plea of guilty, guilty but mentally ill or nolo contendere; and

(b) When submitting an application to renew a certificate, license or registration card issued pursuant to this chapter.

(Added to NRS by 2007, 1545)