Link to Page 2632

 

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ê2005 Statutes of Nevada, Page 2633 (Chapter 494, SB 325)ê

 

      8.  The name of a limited partnership whose right to transact business has been forfeited, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.

      9.  The Secretary of State may adopt regulations that interpret the requirements of this section.

      Sec. 97.  NRS 88.6065 is hereby amended to read as follows:

      88.6065  1.  The name proposed for a registered limited-liability limited partnership must contain the words “Limited-Liability Limited Partnership” or “Registered Limited-Liability Limited Partnership” or the abbreviation “L.L.L.P.” or “LLLP” as the last words or letters of the name and must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If the name of the registered limited-liability limited partnership on a certificate of registration of limited-liability limited partnership submitted to the Secretary of State is not distinguishable from any name on file or reserved name, the Secretary of State shall return the certificate to the person who signed it, unless the written, acknowledged consent to the same name of the holder of the name on file or reserved name to use the name accompanies the certificate.

      2.  The Secretary of State shall not accept for filing any certificate of registration or any certificate of amendment of a certificate of registration of any registered limited-liability limited partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability limited partnership contains the words “common-interest community,” “community association,” “master association,” “unit-owners’ association” or “homeowners’ association” or if it appears in the certificate of registration or certificate of amendment that the purpose of the registered limited-liability limited partnership is to operate as a unit-owners’ association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the registered limited-liability limited partnership has:

      (a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and

      (b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.

      3.  For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.

      4.  The name of a registered limited-liability limited partnership whose right to transact business has been forfeited, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.

      5.  The Secretary of State may adopt regulations that interpret the requirements of this section.

      Sec. 98.  NRS 645D.100 is hereby amended to read as follows:

      645D.100  The provisions of this chapter do not apply to:

 


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ê2005 Statutes of Nevada, Page 2634 (Chapter 494, SB 325)ê

 

      1.  A federal or state employee, or an employee of a local government, who prepares or communicates an inspection report as part of his official duties, unless a 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, certified or registered pursuant to chapter 645, 645C or 684A of NRS while he is performing an act within the scope of his license, certification or registration. For the purposes of this subsection, a person licensed, certified or registered pursuant to chapter 645C of NRS shall be deemed to be acting within the scope of his license, certification or registration while he is performing an appraisal prescribed by federal law that requires a statement of visual condition and while he is preparing or communicating a report of such an appraisal.

      5.  A person who makes an evaluation of an improvement 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 provides an estimate of cost, repair or replacement of any improvements upon real estate.

      7.  Any person who reviews plans, performs inspections, prepares inspection reports or examines any component of a structure or construction pursuant to NRS 278.570 or 278.575.

      8.  An independent registered architect or a licensed professional engineer while he is performing an inspection pursuant to NRS 116.4106.

      Sec. 99.  NRS 116.071, 116.700, 116.705, 116.710, 116.715, 116.720 and 116.725 are hereby repealed.

      Sec. 100.  Notwithstanding the amendatory provisions of this act:

      1.  Between the dates of October 1, 2005, and October 1, 2007, a person who is licensed in this State as a real estate broker, broker-salesman or salesman and who holds a permit to conduct property management pursuant to chapter 645 of NRS on October 1, 2005, and who wishes to take an examination on the principles of management of a common-interest community to fulfill the educational requirements for a certificate to engage in management of a common-interest community as set forth in sections 2 to 35, inclusive, of this act must do the following:

      (a) Take and pass the examination through the examination provider contracted with the Real Estate Division of the Department of Business and Industry;

      (b) Complete and submit the reciprocal application on a form prescribed by the Division along with the results of the examination and the appropriate fee for the issuance of a certificate as prescribed by regulation of the Commission for Common-Interest Communities; and

      (c) Pay the examination fee as prescribed by regulation of the Commission.

Ê If the examination required by this subsection is not offered on or before September 30, 2007, a person is not required to meet the requirements set forth in this subsection until October 1, 2008.

      2.  A person who fails to meet the requirements set forth in subsection 1 and who wishes to obtain a certificate to engage in management of a common-interest community must meet the requirements set forth in sections 2 to 35, inclusive, of this act and any regulations adopted pursuant thereto.

 


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ê2005 Statutes of Nevada, Page 2635 (Chapter 494, SB 325)ê

 

      3.  An original certificate issued pursuant to subsection 1 must be renewed with the Real Estate Division upon the expiration of the real estate license period, pursuant to chapter 645 of NRS, which occurs after October 1, 2008. Thereafter, the certificate must be renewed with the Division before the expiration of each subsequent license period as prescribed by regulation of the Commission.

      4.  A person who is engaged in conducting studies of the reserves of associations on October 1, 2005:

      (a) May continue to conduct studies of the reserves of associations without obtaining a permit pursuant to sections 2 to 35, inclusive, of this act until July 1, 2007;

      (b) On and after July 1, 2007, may not conduct a study of the reserves of an association unless he holds a permit issued pursuant to sections 2 to 35, inclusive, of this act; and

      (c) Is subject to the provisions of chapter 116 of NRS, as amended, and sections 2 to 35, inclusive, of this act as if the person holds a permit issued pursuant to sections 2 to 35, inclusive, of this act.

      Sec. 101.  1.  This act becomes effective upon passage and approval, for the purpose of adopting regulations and on October 1, 2005, for all other purposes.

      2.  Sections 27 and 28 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States, whichever is earlier.

________

 

CHAPTER 495, SB 335

Senate Bill No. 335–Committee on Commerce and Labor

 

CHAPTER 495

 

AN ACT relating to professions; authorizing the State Barbers’ Health and Sanitation Board to seek injunctive relief and issue citations for certain violations; providing for a temporary exemption from licensure as a barber under certain circumstances; prohibiting certain unlawful acts relating to the practice of barbering; giving the State Barbers’ Health and Sanitation Board jurisdiction over cosmetologists who commit certain unlawful acts relating to the practice of barbering; limiting the number of consecutive terms a member of the State Board of Cosmetology may serve in a given period; revising provisions governing the disclosure of information by the State Board of Cosmetology; revising provisions governing the examination, training and licensure of persons who practice cosmetology and related professions; revising various provisions governing the regulation of cosmetological establishments and schools of cosmetology; revising provisions governing disciplinary action taken by the State Board of Cosmetology; increasing certain fees and fines; providing remedies and penalties; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 2636 (Chapter 495, SB 335)ê

 

fees and fines; providing remedies and penalties; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 643 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  In addition to any other remedy or penalty, if a person has engaged in any act or practice which constitutes a violation of any provision of this chapter, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining the act or practice, without a showing of actual harm.

      2.  A proceeding under this section is governed by Rule 65 of the Nevada Rules of Civil Procedure.

      Sec. 3.  1.  In addition to any other remedy or penalty:

      (a) The Board may issue a citation to a person who has engaged in any act or practice which constitutes a violation of any provision of NRS 643.190. A citation issued pursuant to this paragraph must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 2. A separate citation must be issued for each violation. If appropriate, the citation may contain an order to cease and desist.

      (b) Upon finding that a person has engaged in any act or practice which constitutes a violation of any provision of NRS 643.190, the Board shall assess an administrative fine of:

             (1) For the first violation, $1,000.

             (2) For the second violation, $1,500.

             (3) For the third or subsequent violation, $2,000.

      2.  To appeal a finding of a violation pursuant to this section, the person must request a hearing by written notice of appeal to the Board within 30 days after the date on which the citation is issued.

      Sec. 4.  1.  The actions and remedies authorized by this chapter are cumulative.

      2.  When an agency or officer elects to take a particular action or pursue a particular remedy authorized by this chapter or another specific statute, that election is not exclusive and does not preclude the agency or officer or another agency or officer from taking any other actions or pursuing any other remedies authorized by this chapter or another specific statute.

      Sec. 5.  NRS 643.019 is hereby amended to read as follows:

      643.019  This chapter does not apply to:

      1.  [Persons] A person licensed pursuant to chapter 644 of NRS [.] , unless the person has engaged in any act or practice which constitutes a violation of subsection 6 or 7 of NRS 643.190.

      2.  Embalmers or undertakers in cutting the hair or trimming the beard of any deceased person in preparation for burial or cremation.

      3.  A prisoner who cuts hair in the city or county jail, state prison, or other detention or correctional facility in which he is incarcerated.

 


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ê2005 Statutes of Nevada, Page 2637 (Chapter 495, SB 335)ê

 

      Sec. 5.3.  NRS 643.120 is hereby amended to read as follows:

      643.120  [Any] Except as otherwise provided in NRS 643.130, any person who has a license or certificate as a barber or an apprentice from another state, the District of Columbia or a country which has substantially the same requirements for licensing barbers and apprentices as are required by the provisions of this chapter must be admitted to practice as a licensed barber or apprentice pursuant to the regulations adopted by the Board.

      Sec. 5.5.  NRS 643.130 is hereby amended to read as follows:

      643.130  1.  A license as a barber or an apprentice must be issued by the Board to any applicant who:

      [1.] (a) Passes an examination as provided for in NRS 643.070 and 643.080;

      [2.] (b) Possesses the other qualifications required by the provisions of this chapter;

      [3.] (c) Submits the statement required pursuant to NRS 643.095; and

      [4.] (d) Complies with the requirements set forth in the regulations of the Board.

      2.  A person who has a license or certificate as a barber from another state or the District of Columbia, who has applied for an examination before the Board and who meets the qualifications set forth in NRS 643.070, except subsection 5 thereof, is temporarily exempt from licensure and may engage in the practice of barbering 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 643.100;

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

      (d) The person engages in the practice of barbering under the supervision of a barber licensed pursuant to this chapter 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 engage in the practice of barbering during the period of the temporary exemption.

      3.  The temporary exemption authorized pursuant to subsection 2 begins on the date on which the Board notifies the person that he may engage in the practice of barbering 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 is subject to the regulatory and disciplinary authority of the Board to the same extent as a licensed barber.

      Sec. 5.7.  NRS 643.130 is hereby amended to read as follows:

      643.130  1.  A license as a barber or an apprentice [shall] must be issued by the Board to any applicant who [shall:

      1.  Pass]

      (a) Passes an examination as provided for in NRS 643.070 and 643.080.

      [2.  Possess]

      (b) Possesses the other qualifications required by the provisions of this chapter.

 


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ê2005 Statutes of Nevada, Page 2638 (Chapter 495, SB 335)ê

 

      [3.  Meet]

      (c) Meets the requirements as set forth in the rules and regulations of the Board.

      2.  A person who has a license or certificate as a barber from another state or the District of Columbia, who has applied for an examination before the Board and who meets the qualifications set forth in NRS 643.070, except subsection 5 thereof, is temporarily exempt from licensure and may engage in the practice of barbering 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 643.100;

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

      (d) The person engages in the practice of barbering under the supervision of a barber licensed pursuant to this chapter 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 engage in the practice of barbering during the period of the temporary exemption.

      3.  The temporary exemption authorized pursuant to subsection 2 begins on the date on which the Board notifies the person that he may engage in the practice of barbering 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 is subject to the regulatory and disciplinary authority of the Board to the same extent as a licensed barber.

      Sec. 6.  NRS 643.190 is hereby amended to read as follows:

      643.190  It [shall be] is unlawful:

      1.  For any person [in this State] to engage in the practice of barbering or attempt to engage in the practice of barbering without a license as a barber or an apprentice issued by the Board pursuant to [the provisions of] this chapter.

      2.  For any owner or manager of any barbershop to hire or employ a barber or an apprentice who does not have a license issued by the Board pursuant to this chapter or whose barbershop does not meet the sanitary requirements of the Board.

      3.  [For any person to engage in the practice of barbering without a license as a barber issued pursuant to the provisions of this chapter by the Board.

      4.]  For any person to serve as an apprentice under a licensed barber without a license as an apprentice issued by the Board [.

      5.] pursuant to this chapter.

      4.  For any person to operate a barbershop unless the barbershop is at all times under the direct supervision and management of a licensed barber.

      [6.] 5.  For any person to hire or employ any person to engage in the practice of barbering or attempt to engage in the practice of barbering unless the person holds a license as a barber or an apprentice issued [under the provisions of] by the Board pursuant to this chapter.

 


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ê2005 Statutes of Nevada, Page 2639 (Chapter 495, SB 335)ê

 

      6.  For any person licensed pursuant to chapter 644 of NRS or any other person to:

      (a) Hold himself out to the public, solicit business or advertise as a licensed barber or as operating a licensed barbershop;

      (b) Use the title or designation “barber” or “barbershop” under circumstances which would create or tend to create the impression to members of the general public that the person is a licensed barber or is operating a licensed barbershop; or

      (c) Engage in any other act or practice which would create or tend to create the impression to members of the general public that the person is a licensed barber or is operating a licensed barbershop,

Ê unless the person holds, as appropriate, a license as a barber or a license to operate a barbershop issued by the Board pursuant to this chapter or the person is operating a licensed cosmetological establishment that is leasing space to or employing a licensed barber pursuant to NRS 644.360.

      7.  For any person licensed pursuant to chapter 644 of NRS or any other person to place a barber pole in a location [that] which would create or tend to create the impression to members of the general public that a business located near the barber pole is a barbershop unless the operator of the business [employs licensed barbers.] holds a license to operate a barbershop issued by the Board pursuant to this chapter or the business is a licensed cosmetological establishment that is leasing space to or employing a licensed barber pursuant to NRS 644.360. As used in this subsection, “barber pole” means [a] :

      (a) A red and white striped vertical cylinder with a ball located on top of the cylinder [.] ; or

      (b) Any object of a similar nature, regardless of its actual shape or coloring, which would create or tend to create the impression to members of the general public that a business located near the object is a barbershop.

      Sec. 7.  Chapter 644 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The actions and remedies authorized by this chapter are cumulative.

      2.  When an agency or officer elects to take a particular action or pursue a particular remedy authorized by this chapter or another specific statute, that election is not exclusive and does not preclude the agency or officer or another agency or officer from taking any other actions or pursuing any other remedies authorized by this chapter or another specific statute.

      Sec. 8.  NRS 644.050 is hereby amended to read as follows:

      644.050  1.  After the initial terms, members of the Board serve terms of 4 years, except when appointed to fill unexpired terms.

      2.  Before entering upon the discharge of his duties, each member shall make and file with the Secretary of State the constitutional oath of office.

      3.  No member of the Board may serve more than two consecutive full terms. A member who serves two consecutive full terms is not thereafter eligible to serve on the Board for a period of 1 year. Any time served on the Board in filling the unexpired term of another member does not apply in computing two consecutive full terms.

 


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ê2005 Statutes of Nevada, Page 2640 (Chapter 495, SB 335)ê

 

      Sec. 9.  NRS 644.130 is hereby amended to read as follows:

      644.130  1.  The Board shall keep a record containing the name, known place of business, and the date and number of the license of every manicurist, electrologist, aesthetician, hair designer, demonstrator of cosmetics and cosmetologist, together with the names and addresses of all cosmetological establishments and schools of cosmetology licensed pursuant to this chapter. The record must also contain the facts which the applicants claimed in their applications to justify their licensure.

      2.  The Board may disclose the information contained in the record kept pursuant to subsection 1 to:

      (a) Any other licensing board or agency that is investigating a licensee.

      (b) A member of the general public, except information concerning the home and work address and telephone number of a licensee.

      Sec. 10.  NRS 644.193 is hereby amended to read as follows:

      644.193  1.  The Board may grant a provisional license as an instructor to a person who:

      (a) Has successfully completed the 12th grade in school or its equivalent and submits written verification of the completion of his education;

      (b) Has practiced as a full-time licensed cosmetologist, hair designer, aesthetician or manicurist for 1 year and submits written verification of his experience;

      (c) Is licensed pursuant to this chapter;

      (d) Applies for a provisional license on a form supplied by the Board;

      (e) Submits two current photographs of himself; and

      (f) Has paid the fee established pursuant to subsection 2.

      2.  The Board shall establish and collect a fee of not less than [$25 nor] $40 and not more than [$40] $75 for the issuance of a provisional license as an instructor.

      3.  A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the number of hours of training required for an instructor’s license.

      4.  A provisional license as an instructor expires upon accumulation by the licensee of the number of hours of training required for an instructor’s license. The Board may grant an extension of not more than 45 days to those provisional licensees who have applied to the Board for examination as instructors and are awaiting examination.

      Sec. 11.  NRS 644.195 is hereby amended to read as follows:

      644.195  1.  Each instructor must:

      (a) Be licensed as a cosmetologist pursuant to this chapter.

      (b) Have successfully completed the 12th grade in school or its equivalent.

      (c) Have 1 year of experience as a cosmetologist.

      (d) Have completed 1,000 hours of training as an instructor or 500 hours of training as a provisional instructor in a school of cosmetology.

      (e) Except as otherwise provided in subsection 2, take one or more courses in advanced techniques for teaching or training, approved by the Board, whose combined duration is at least 30 hours during each 2-year period.

      2.  The provisions of paragraph (e) of subsection 1 do not apply to an instructor who is initially licensed not more than 6 months before the renewal date of the license. An instructor who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in paragraph (e) whose combined duration is at least 15 hours during each 2-year period.

 


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ê2005 Statutes of Nevada, Page 2641 (Chapter 495, SB 335)ê

 

one or more courses specified in paragraph (e) whose combined duration is at least 15 hours during each 2-year period.

      3.  Each instructor shall pay an initial fee for a license of not less than [$40] $60 and not more than [$60.] $90.

      Sec. 12.  NRS 644.200 is hereby amended to read as follows:

      644.200  [1.]  The Board shall admit to examination for a license as a cosmetologist, at any meeting of the Board held to conduct examinations, any person who has made application to the Board in proper form and paid the fee, and who before or on the date of the examination:

      [(a)] 1.  Is not less than 18 years of age.

      [(b)] 2.  Is of good moral character.

      [(c)] 3.  Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.

      [(d)] 4.  Has had any one of the following:

             [(1)] (a) Training of at least 1,800 hours, extending over a school term of 10 months, in a school of cosmetology approved by the Board.

             [(2)] (b) Practice of the occupation of a cosmetologist for a period of 4 years outside this State.

             [(3)] (c) If the applicant is a barber registered pursuant to chapter 643 of NRS, 400 hours of specialized training approved by the Board.

             [(4)] (d) Completion of at least 3,600 hours of service as a cosmetologist’s apprentice in a licensed cosmetological establishment in which all of the occupations of cosmetology are practiced. The required hours must have been completed during the period of validity of the certificate of registration as a cosmetologist’s apprentice issued to the person pursuant to NRS 644.217.

      [2.  A registered barber who fails the examination for a license as a cosmetologist must complete further study as prescribed by the Board, not exceeding 250 hours, in a school of cosmetology approved by the Board before he is again entitled to take the examination.]

      Sec. 13.  NRS 644.220 is hereby amended to read as follows:

      644.220  1.  In addition to the fee for an application, the fees for examination are:

      (a) For examination as a cosmetologist, not less than [$40] $75 and not more than [$75.] $200.

      (b) For examination as an electrologist, not less than [$40] $75 and not more than [$75.] $200.

      (c) For examination as a hair designer, not less than [$40] $75 and not more than [$75.] $200.

      (d) For examination as a manicurist, not less than [$40] $75 and not more than [$75.] $200.

      (e) For examination as an aesthetician, not less than [$40] $75 and not more than [$75.] $200.

      (f) For examination as an instructor of aestheticians [or in] , hair designers, cosmetology or manicuring, [$40.] not less than $75 and not more than $200.

Ê The fee for each reexamination is not less than [$40] $75 and not more than [$75.] $200.

      2.  In addition to the fee for an application, the fee for examination or reexamination as a demonstrator of cosmetics is [$40.] $75.

 


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ê2005 Statutes of Nevada, Page 2642 (Chapter 495, SB 335)ê

 

      3.  Each applicant referred to in subsections 1 and 2 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination.

      Sec. 14.  NRS 644.235 is hereby amended to read as follows:

      644.235  1.  The Board:

      (a) Shall provide examinations for licensure as a cosmetologist in English and, upon the request of an applicant for licensure as a cosmetologist, in Spanish; and

      (b) May provide examinations for licensure as a cosmetologist in any other language upon the request of an applicant, if the Board determines that providing the examination in that language is in the best interests of the public.

      2.  A request for an examination for licensure as a cosmetologist to be translated into a language other than English or Spanish must be filed with the Board by the applicant making the request at least [6 months] 90 days before the scheduled examination. The Board shall keep all such requests on file.

      3.  The Board shall impose a fee upon the applicants who file requests for an examination for licensure as a cosmetologist to be translated into a language other than English or Spanish. The fee must be sufficient to ensure that the applicants bear the full cost for the development, preparation, administration, grading and evaluation of the translated examination. The fee is in addition to all other fees that must be paid by applicants for the examination for licensure as a cosmetologist.

      4.  In determining whether it is in the best interests of the public to translate an examination for licensure as a cosmetologist into a language other than English or Spanish, the Board shall consider the percentage of the population within this State whose native language is the language for which the translated examination is sought.

      Sec. 15.  NRS 644.295 is hereby amended to read as follows:

      644.295  1.  A person licensed pursuant to this chapter shall obtain a duplicate of that license if the:

      (a) Original was destroyed, misplaced or mutilated; or

      (b) Name or address of the licensee has changed.

      2.  To obtain a duplicate license a person must:

      (a) File an affidavit with the Board, on the form prescribed by the Board, which states that the original license was destroyed, misplaced or mutilated or that his name or address has changed; and

      (b) Pay a fee of [$15.] $25.

      Sec. 16.  NRS 644.310 is hereby amended to read as follows:

      644.310  Upon application to the Board, accompanied by a fee of [$100,] $200, a person currently licensed in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination, unless the Board sees fit to require an examination, be granted a license to practice the occupation in which the applicant was previously licensed upon proof satisfactory to the Board that the applicant:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  Has successfully completed a nationally recognized written examination in this State or in the state or territory or the District of Columbia in which he is licensed.

 


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ê2005 Statutes of Nevada, Page 2643 (Chapter 495, SB 335)ê

 

      4.  Is currently licensed in another state or territory or the District of Columbia.

      Sec. 17.  NRS 644.320 is hereby amended to read as follows:

      644.320  1.  The license of every cosmetologist, aesthetician, electrologist, hair designer, manicurist, provisional instructor, demonstrator of cosmetics and instructor expires on July 1 of the next succeeding odd-numbered year [.] or such other date in that year as specified by the Board.

      2.  The Board shall adopt regulations governing the proration of the fee required for initial licenses issued for less than 1 1/2 years.

      Sec. 18.  NRS 644.325 is hereby amended to read as follows:

      644.325  1.  An application for renewal of any license issued pursuant to this chapter must be:

      (a) Made on a form prescribed and furnished by the Board ; [at any time during the month of June of the year in which the license expires;]

      (b) Made on or before the date for renewal specified by the Board;

      (c) Accompanied by the statement required pursuant to NRS 644.214; and

      [(c)] (d) Accompanied by the fee for renewal.

      2.  The fees for renewal are:

      (a) For manicurists, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists, not less than [$30] $50 and not more than [$50.] $100.

      (b) For instructors, not less than [$40] $60 and not more than [$60.] $100.

      (c) For cosmetological establishments, not less than [$60] $100 and not more than [$100.] $200.

      (d) For schools of cosmetology, not less than [$450] $500 and not more than [$500.] $800.

      3.  For each month or fraction thereof after [July 1] the date for renewal specified by the Board in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of [$25] $50 for a school of cosmetology and [$10] $20 for a cosmetological establishment and all persons licensed pursuant to this chapter.

      4.  An application for the renewal of a license as a cosmetologist, hair designer, aesthetician, electrologist, manicurist, demonstrator of cosmetics or instructor must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.

      Sec. 19.  NRS 644.325 is hereby amended to read as follows:

      644.325  1.  An application for renewal of any license issued pursuant to this chapter must be:

      (a) Made on a form prescribed and furnished by the Board ; [at any time during the month of June of the year in which the license expires; and]

      (b) Made on or before the date for renewal specified by the Board; and

      (c) Accompanied by the fee for renewal.

      2.  The fees for renewal are:

      (a) For manicurists, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists, not less than [$30] $50 and not more than [$50.] $100.

      (b) For instructors, not less than [$40] $60 and not more than [$60.] $100.

 


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      (c) For cosmetological establishments, not less than [$60] $100 and not more than [$100.] $200.

      (d) For schools of cosmetology, not less than [$450] $500 and not more than [$500.] $800.

      3.  For each month or fraction thereof after [July 1] the date for renewal specified by the Board in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of [$25] $50 for a school of cosmetology and [$10] $20 for a cosmetological establishment and all persons licensed pursuant to this chapter.

      4.  An application for renewal of a license as a cosmetologist, hair designer, aesthetician, electrologist, manicurist, demonstrator of cosmetics or instructor must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.

      Sec. 20.  NRS 644.340 is hereby amended to read as follows:

      644.340  1.  Any person wishing to operate a cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain a detailed floor plan of the proposed cosmetological establishment and proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker.

      2.  The applicant must submit the application accompanied by the required fees for inspection and licensing. After the applicant has submitted the application, the applicant must contact the Board and request a verbal review concerning the application to determine if the cosmetological establishment complies with the requirements of this chapter and the regulations adopted by the Board. If, based on the verbal review, the Board determines that the cosmetological establishment meets those requirements, the Board shall issue to the applicant the required license. Upon receipt of the license, the applicant must contact the Board to request the activation of the license. A license issued pursuant to this subsection is not valid until it is activated. The Board shall conduct an on-site inspection of the cosmetological establishment not later than 90 days after the date on which the license is activated.

      3.  The fee for a license for a cosmetological establishment is [$60.] $200. The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.

      Sec. 21.  NRS 644.360 is hereby amended to read as follows:

      644.360  1.  Every holder of a license issued by the Board to operate a cosmetological establishment shall display the license in plain view of members of the general public in the principal office or place of business of the holder.

      2.  Except as otherwise provided in this section, the operator of a cosmetological establishment [shall] may lease space to or employ only licensed manicurists, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists at his establishment to provide cosmetological services. This subsection does not prohibit an operator of a cosmetological establishment from [leasing] :

      (a) Leasing space to or employing a barber. Such a barber remains under the jurisdiction of the State Barbers’ Health and Sanitation Board [.] and remains subject to the laws and regulations of this State applicable to his business or profession.

 


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remains subject to the laws and regulations of this State applicable to his business or profession.

      (b) Leasing space to any other professional, including, without limitation, a provider of health care pursuant to subsection 3. Each such professional remains under the jurisdiction of the regulatory body which governs his business or profession and remains subject to the laws and regulations of this State applicable to his business or profession.

      3.  The operator of a cosmetological establishment may lease space at his cosmetological establishment to a provider of health care for the purpose of providing health care within the scope of his practice. The provider of health care shall not use the leased space to provide such health care at the same time a cosmetologist uses that space to engage in the practice of cosmetology. A provider of health care who leases space at a cosmetological establishment pursuant to this subsection remains under the jurisdiction of the regulatory body which governs his business or profession and remains subject to the laws and regulations of this State applicable to his business or profession.

      4.  As used in this section [, “provider] :

      (a) “Provider of health care” means a person who is licensed, certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business or practice of a profession.

      (b) “Space” includes, without limitation, a separate room in the cosmetological establishment.

      Sec. 22.  NRS 644.380 is hereby amended to read as follows:

      644.380  1.  Any person desiring to conduct a school of cosmetology in which any one or any combination of the occupations of cosmetology are taught must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker. The forms must be accompanied by:

      (a) A detailed floor plan of the proposed school;

      (b) The name, address and number of the license of the manager or person in charge and of each instructor;

      (c) Evidence of financial ability to provide the facilities and equipment required by regulations of the Board and to maintain the operation of the proposed school for 1 year;

      (d) Proof that the proposed school will commence operation with an enrollment of not less than 25 bona fide students;

      (e) The annual fee for a license; and

      (f) The name and address of the person designated to accept service of process.

      2.  Upon receipt by the Board of the application, the Board shall, before issuing a license, determine whether the proposed school:

      (a) Is suitably located.

      (b) Contains at least 5,000 square feet of floor space and adequate equipment.

      (c) Meets all requirements established by regulations of the Board.

      3.  The annual fee for a license for a school of cosmetology is not less than [$450] $500 and not more than [$500.] $800.

 


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      4.  If the ownership of the school changes or the school moves to a new location, the school may not be operated until a new license is issued by the Board.

      5.  After a license has been issued for the operation of a school of cosmetology, the licensee must obtain the approval of the Board before making any changes in the physical structure of the school.

      Sec. 23.  NRS 644.393 is hereby amended to read as follows:

      644.393  Every school of cosmetology shall pay to the Board a fee of [$5] $10 for each student within 30 days after the student is enrolled or reenrolled.

      Sec. 24.  NRS 644.408 is hereby amended to read as follows:

      644.408  A student must receive the following minimum amount of instruction in the classroom before commencing work on members of the public:

      1.  A student enrolled as a cosmetologist must receive [250] at least 300 hours.

      2.  A student enrolled as a hair designer must receive [250] at least 300 hours.

      3.  A student enrolled as a manicurist must receive [80] at least 100 hours.

      4.  A student enrolled as an electrologist’s apprentice must receive at least 150 hours.

      5.  A student enrolled as an aesthetician must receive [100] at least 120 hours.

      Sec. 25.  NRS 644.430 is hereby amended to read as follows:

      644.430  1.  The following are grounds for disciplinary action by the Board:

      (a) Failure of an owner of a cosmetological establishment, a licensed aesthetician, cosmetologist, hair designer, electrologist, instructor, manicurist, demonstrator of cosmetics or school of cosmetology, or a cosmetologist’s apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

      (b) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.

      (c) Gross malpractice.

      (d) Continued practice by a person knowingly having an infectious or contagious disease.

      (e) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.

      (f) Advertisement by means of knowingly false or deceptive statements.

      (g) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.

      (h) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.

      (i) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.

      (j) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.

      (k) Any other unfair or unjust practice, method or dealing which, in the judgment of the Board, may justify such action.

 


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      2.  If the Board determines that a violation of this section has occurred, it may:

      (a) Refuse to issue or renew a license;

      (b) Revoke or suspend a license;

      (c) Place the licensee on probation for a specified period; [or]

      (d) Impose a fine not to exceed [$1,000.] $2,000; or

      (e) Take any combination of the actions authorized by paragraphs (a) to (d), inclusive.

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

      Sec. 26.  NRS 644.473 is hereby amended to read as follows:

      644.473  It is unlawful for [any] :

      1.  Any licensed cosmetological establishment [:

      1.  To engage primarily in the business of cutting men’s hair; or

      2.  To] to represent itself to the public as primarily engaged in the business of cutting men’s hair [.] ; or

      2.  Any person licensed pursuant to this chapter to engage in any act or practice which constitutes a violation of subsection 6 or 7 of NRS 643.190.

      Sec. 27.  NRS 644.490 is hereby amended to read as follows:

      644.490  1.  In addition to any other penalty:

      (a) The Board may issue a citation to a person who violates the provisions of NRS 644.190. A citation issued pursuant to this paragraph must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 2. A separate citation must be issued for each violation. If appropriate, the citation may contain an order to cease and desist.

      (b) Upon finding that a person has violated the provisions of NRS 644.190, the Board shall assess an administrative fine of:

             (1) For the first violation, [$500.] $1,000.

             (2) For the second violation, [$1,000.] $1,500.

             (3) For the third or subsequent violation, [$1,500.] $2,000.

      2.  To appeal a finding of a violation of NRS 644.190, the person must request a hearing by written notice of appeal to the Board within 30 days after the date on which the citation is issued.

      Sec. 28.  NRS 644.425 and 644.477 are hereby repealed.

      Sec. 29.  Notwithstanding the amendatory provisions of section 8 of this act, a member of the State Board of Cosmetology who is serving a term on the effective date of this act is entitled to serve out the remainder of the term to which he was appointed.

      Sec. 30.  1.  This section and sections 5.3 and 5.5 of this act become effective upon passage and approval.

      2.  Sections 1 to 5, inclusive, 6 to 18, inclusive, and 20 to 29, inclusive, of this act become effective on July 1, 2005.

      3.  The provisions of sections 5.5 and 18 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or (b) Are in arrears in the payment for the support of one or more children,

 

 


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      (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.

      4.  Sections 5.7 and 19 of this act become 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 496, SB 394

Senate Bill No. 394–Committee on Taxation

 

CHAPTER 496

 

AN ACT relating to property; revising various provisions governing the assessment, valuation and exemption of property for purposes of levying property taxes; providing funding for the accounts for the acquisition and improvement of technology in the office of the county assessor; increasing the assessed value of the home of a senior citizen for determining eligibility for a refund of a certain amount of property taxes paid by that senior citizen; revising certain provisions relating to the sale, lease or other disposal of public property by a governmental entity; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.069 is hereby amended to read as follows:

      361.069  1.  Except as otherwise provided in this section, household goods and furniture are exempt from taxation.

      2.  Except as otherwise provided in subsection 3, appliances and furniture which are owned by a person who engages in the business of renting the appliances or furniture to other persons are not exempt from taxation.

      3.  Except as otherwise provided in this subsection, the assessment of rented or leased appliances or furniture, or both, of a time-share project governed by the provisions of chapter 119A of NRS, which contains five or more units, must be reduced by a percentage equal to the average percentage of time that all of the units are occupied by an owner of a time share in the project. If the units of the time-share project are occupied by owners of time shares in the project for an average of more than 90 percent of the fiscal year, the rented or leased appliances or furniture, or both, are exempt from taxation. As used in this subsection:

      (a) “Owner” has the meaning ascribed to it in NRS 119A.056.

      (b) “Unit” has the meaning ascribed to it in NRS 119A.160.

      4.  As used in this section:

 


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      (a) “Household goods and furniture” includes, without limitation, the following items if used in a residence:

             (1) Clothing;

             (2) Personal effects;

             (3) Gold and silver;

             (4) Jewelry;

             (5) Appliances that are not attached to real property or a mobile or manufactured home;

             (6) Furniture;

             (7) Recreational equipment not required by NRS to be registered; and

             (8) Portable goods and storage sheds and other household equipment.

      (b) “Engages in the business of renting appliances or furniture” means:

             (1) Renting or leasing appliances or furniture, or both, to other persons not in conjunction with the rental or lease of a dwelling unit; or

             (2) Renting or leasing appliances or furniture, or both, to other persons in conjunction with the rental or lease of a dwelling unit located in a complex containing five or more dwelling units which are rented or leased by the owner to other persons in conjunction with appliances or furniture, or both.

      [(c) “Owner” has the meaning ascribed to it in NRS 119A.056.

      (d) “Unit” has the meaning ascribed to it in NRS 119A.160.]

      Sec. 2.  NRS 361.080 is hereby amended to read as follows:

      361.080  1.  The property of surviving spouses, not to exceed the amount of $1,000 assessed valuation, is exempt from taxation, but no such exemption may be allowed to anyone but [actual] a bona fide [residents] resident of this State, and must be allowed in but one county in this State to the same family.

      2.  For the purpose of this section, property in which the surviving spouse has any interest shall be deemed the property of the surviving spouse.

      3.  The person claiming such an exemption [shall] must file with the county assessor an affidavit declaring [his residency] that he is a bona fide resident of this State and that the exemption has been claimed in no other county in this State . [for that year.] The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      4.  A surviving spouse is not entitled to the exemption provided by this section in any fiscal year beginning after any remarriage, even if the remarriage is later annulled.

      5.  If any person files a false affidavit or provides false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

      6.  Beginning with the [2005-2006] 2006-2007 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to [each] the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from [December 2003] July 2004 to the [December] July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

 


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each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      Sec. 3.  NRS 361.085 is hereby amended to read as follows:

      361.085  1.  The property of all blind persons, not to exceed the amount of $3,000 of assessed valuation, is exempt from taxation, including community property to the extent only of the blind person’s interest therein, but no such exemption may be allowed to anyone but a bona fide [residents] resident of this State, and must be allowed in but one county in this State on account of the same blind person.

      2.  The person claiming such an exemption must file with the county assessor an affidavit declaring that he is [an actual] a bona fide resident of the State of Nevada [, that he is a blind person] who meets all the other requirements for the exemption and that the exemption is not claimed in [no] any other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      3.  Upon first claiming the exemption in a county the claimant shall furnish to the assessor a certificate of a licensed physician setting forth that he has examined the claimant and has found him to be a blind person.

      4.  If any person files a false affidavit or provides false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

      5.  Beginning with the [2005-2006] 2006-2007 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to [each] the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from [December 2003] July 2004 to the [December] July preceding the fiscal year for which the adjustment is calculated.

      [5.] The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      6.  As used in this section, “blind person” includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

      Sec. 4.  NRS 361.090 is hereby amended to read as follows:

      361.090  1.  The property, to the extent of $2,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:

      (a) Has served a minimum of 90 continuous days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;

 


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      (b) [Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975;

      (c)] Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1; or

      [(d)] (c) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the government of the United States, regardless of the number of days served on active duty,

Ê and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

      2.  For the purpose of this section, the first $2,000 assessed valuation of property in which [such a person] an applicant has any interest shall be deemed the property of [that person.] the applicant.

      3.  The exemption may be allowed only to a claimant who files an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be filed at any time by a person claiming exemption from taxation on personal property.

      4.  The affidavit must be made before the county assessor or a notary public and filed with the county assessor. It must state that the affiant is [an actual] a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is not claimed in [no] any other county in this State. After the filing of the original affidavit, the county assessor shall mail a form for:

      (a) The renewal of the exemption; and

      (b) The designation of any amount to be credited to the Gift Account for Veterans’ Homes established pursuant to NRS 417.145,

Ê to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      5.  Persons in actual military service are exempt during the period of such service from filing the annual [affidavits] forms for renewal of the exemption, and the county assessors shall continue to grant the exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.

      6.  Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the county assessor [of each of the several counties of this State] shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

      7.  If any person files a false affidavit or produces false proof to the county assessor [,] or a notary public and , as a result of the false affidavit or false proof [a tax exemption is allowed to a person not entitled to the exemption,] , the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

 


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ê2005 Statutes of Nevada, Page 2652 (Chapter 496, SB 394)ê

 

      8.  Beginning with the [2005-2006] 2006-2007 Fiscal Year, the monetary amounts in subsections 1 and 2 must be adjusted for each fiscal year by adding to [each] the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from [December 2003] July 2004 to the [December] July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      Sec. 5.  NRS 361.091 is hereby amended to read as follows:

      361.091  1.  A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veteran’s exemption.

      2.  The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $20,000 assessed valuation. A person with a permanent service-connected disability of:

      (a) Eighty to 99 percent, inclusive, is entitled to an exemption of $15,000 assessed value.

      (b) Sixty to 79 percent, inclusive, is entitled to an exemption of $10,000 assessed value.

Ê For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.

      3.  The exemption may be allowed only to a claimant who has filed an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at any time by a person claiming an exemption from taxation on personal property.

      4.  The affidavit must be made before the county assessor or a notary public and be [submitted to] filed with the county assessor. It must [be to the effect] state that the affiant is a bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1 and that [he does not claim] the exemption is not claimed in any other county within this State. After the filing of the original affidavit, the county assessor shall mail a form for:

      (a) The renewal of the exemption; and

      (b) The designation of any amount to be credited to the Gift Account for Veterans’ Homes established pursuant to NRS 417.145,

Ê to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      5.  Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicant’s status, and for that purpose shall require him to produce an original or certified copy of:

      (a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;

      (b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or

      (c) A certificate from the Department of Veterans Affairs or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.

 


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ê2005 Statutes of Nevada, Page 2653 (Chapter 496, SB 394)ê

 

disability, together with a certificate of honorable discharge or satisfactory service.

      6.  A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:

      (a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;

      (b) The disabled veteran was eligible for the exemption at the time of his death or would have been eligible if he had been a resident of the State of Nevada;

      (c) The surviving spouse has not remarried; and

      (d) The surviving spouse is a bona fide resident of the State of Nevada.

Ê The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      7.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.

      8.  If any person [makes] files a false affidavit or produces false proof to the county assessor or a notary public [,] and , as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

      9.  Beginning with the [2005-2006] 2006-2007 Fiscal Year, the monetary amounts in subsection 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from [December 2003] July 2004 to the [December] July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      Sec. 6.  NRS 361.095 is hereby amended to read as follows:

      361.095  1.  The funds, furniture, paraphernalia and regalia owned and used exclusively by any post of any national organization of ex-servicemen or ex-servicewomen for the legitimate purposes and customary objects of such posts are exempt from taxation, but such an exemption must not exceed the sum of $10,000 assessed valuation to any one post or organization thereof.

      2.  The buildings, with their fixtures and the lots of ground on which they stand, used for its legitimate purposes and necessary thereto, of any such organization are exempt from taxation, but when any such property is used for purposes other than those of such an organization, and a rent or other valuable consideration is received for its use, the property so used must be taxed.

      3.  Where any structure or parcel of land is used partly for the purposes of such an organization and partly for rental purposes, the area used for rental purposes must be assessed separately and that portion only may be taxed.

      4.  Beginning with the [2005-2006] 2006-2007 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from [December 2003] July 2004 to the [December] July preceding the fiscal year for which the adjustment is calculated.

 


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July 2004 to the [December] July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      Sec. 7.  NRS 361.115 is hereby amended to read as follows:

      361.115  All real and personal property of the Nevada Children’s Foundation, Inc., the Nevada Heritage Association, Inc., and the Habitat for Humanity International, that is located in the State of Nevada [, shall be] is exempt from taxation, but when and if such property is used for any purpose other than carrying out the legitimate functions of [the Nevada Children’s Foundation, Inc., the same shall] those organizations, such property must be taxed.

      Sec. 8.  NRS 361.155 is hereby amended to read as follows:

      361.155  1.  All claims for personal tax exemptions on real property, the initial claim of an organization for a tax exemption on real property and the designation of any amount to be credited to the Gift Account for Veterans’ Homes pursuant to NRS 361.0905 must be filed on or before June 15. All exemptions provided for pursuant to this chapter apply on a fiscal year basis and any exemption granted pursuant to this chapter must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.

      2.  Each claim for an exemption provided for pursuant to this chapter must be filed with the county assessor of:

      (a) The county in which the claimant resides for personal tax exemptions; or

      (b) Each county in which property is located for the tax exemption of an organization.

      3.  After the initial claim for an exemption pursuant to NRS 361.088 or 361.098 to 361.150, inclusive, an organization is not required to file annual claims if the property remains exempt. If any portion of the property loses its exemption pursuant to NRS 361.157 or for any other reason becomes taxable, the organization must notify the county assessor.

      4.  If an exemption is granted or renewed in error because of an incorrect claim or failure of an organization to give the notice required by subsection 3, the assessor shall assess the taxable portion of the property retroactively pursuant to NRS 361.769 and a penalty of 10 percent of the tax due for the current year and any prior years [must] may be added.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  NRS 361.228 is hereby amended to read as follows:

      361.228  1.  All intangible personal property is exempt from taxation, including, without limitation:

      (a) Shares of stock, bonds, mortgages, notes, bank deposits, book accounts such as an acquisition adjustment and credits, and securities and choses in action of like character; and

      (b) Goodwill, customer lists, contracts and contract rights, patents, trademarks, trade names, custom computer programs, copyrights, trade secrets, franchises and licenses.

      2.  The value of intangible personal property must not enhance or be reflected in the value of real property or tangible personal property.

      3.  The attributes of real property, such as zoning, location, water rights, view and geographic features, are not intangible personal property and must be considered in valuing the real property, if appropriate.

 


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      Sec. 11.  NRS 361.260 is hereby amended to read as follows:

      361.260  1.  Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property that is in his county on July 1 which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property, and he shall then list and assess it to the person, firm, corporation, association or company owning it on July 1 of that fiscal year. He shall take the same action at any time between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.

      2.  At any time before the lien date for the following fiscal year, the county assessor may include additional personal property and mobile and manufactured homes on the secured tax roll if the owner of the personal property or mobile or manufactured home owns real property within the same taxing district which has an assessed value that is equal to or greater than the taxes for 3 years on both the real property and the personal property or mobile or manufactured home, plus penalties. Personal property and mobile and manufactured homes in the county on July 1, but not on the secured tax roll for the current year, must be placed on the unsecured tax roll for the current year.

      3.  An improvement on real property in existence on July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year and which is not governed by subsection 4 must be placed on the unsecured tax roll.

      4.  The value of any property apportioned among counties pursuant to NRS 361.320, 361.321 and 361.323 must be added to the central assessment roll at the assessed value established by the Nevada Tax Commission or as established pursuant to an appeal to the State Board of Equalization.

      5.  In addition to the inquiry and examination required in subsection 1, for any property not reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by:

      (a) Determining the replacement cost, subtracting all applicable depreciation and obsolescence, applying the assessment ratio for improvements, if any, and applying a factor for land to the assessed value for the preceding year; or

      (b) Applying [a factor for improvements, if any, and a factor for land] to the assessed value for the preceding year [. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada Tax Commission in the manner required in NRS 361.261.

Ê The factor for land must be] a factor for improvements, if any, as adopted by the Nevada Tax Commission in the manner required by NRS 361.261, and a factor for land developed by the county assessor and approved by the Commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.

      6.  The county assessor shall reappraise all real property at least once every 5 years.

 


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      7.  The county assessor shall establish standards for appraising and reappraising land pursuant to this section. In establishing the standards, the county assessor shall consider comparable sales of land before July 1 of the year before the lien date.

      8.  Each county assessor shall submit a written request to the board of county commissioners and the governing body of each of the local governments located in the county which maintain a unit of government that issues building permits for a copy of each building permit that is issued. Upon receipt of such a request, the governing body shall direct the unit which issues the permits to provide a copy of each permit to the county assessor within a reasonable time after issuance.

      Sec. 12.  NRS 361.265 is hereby amended to read as follows:

      361.265  1.  To enable the county assessor to make assessments, he shall demand from each natural person or firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a written statement, signed under penalty of perjury, on forms and in the format prescribed by the county assessor of all the personal property within the county, owned, claimed, possessed, controlled or managed by those persons, firms, corporations, associations or companies. The signature required by this subsection may include an electronic signature as defined in NRS 719.100.

      2.  The statement must include:

      (a) A description of the location of any taxable personal property that is owned, claimed, possessed, controlled or managed by the natural person, firm, corporation, association or company, but stored, maintained or otherwise placed at a location other than the principal residence of the natural person or principal place of business of the firm, corporation, association or company;

      (b) The cost of acquisition of each item of taxable personal property , including the cost of any improvements of the personal property, such as additions to or renovations of the property other than routine maintenance or repairs [;] , and the year in which each item of taxable personal property was acquired; and

      (c) If the natural person, firm, corporation, association or company owns at least 25 mobile or manufactured homes that are being leased within the county for commercial purposes, and those homes have not been converted to real property pursuant to NRS 361.244, the year, make or model, size, serial number and location of each such mobile or manufactured home.

      3.  The statement must be returned not later than July 31, except for a statement mailed to the taxpayer after July 15, in which case it must be returned within 15 days after demand for its return is made. Upon petition of the property owner showing good cause, the county assessor may grant one or more 30-day extensions.

      4.  If the owners of any taxable property not listed by another person are absent or unknown, or fail to provide the written statement as described in subsection 1, the county assessor shall make an estimate of the value of the property and assess it accordingly. If the name of the absent owner is known to the county assessor, the property must be assessed in his name. If the name of the owner is unknown to the county assessor, the property must be assessed to “unknown owner,” but no mistake made in the name of the owner or the supposed owner of personal property renders the assessment or any sale of the property for taxes invalid.

 


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owner or the supposed owner of personal property renders the assessment or any sale of the property for taxes invalid.

      5.  If any person, officer or agent neglects or refuses on demand of the county assessor or his deputy to give the statement required by this section, or gives a false name, or refuses to give his name or sign the statement, he is guilty of a misdemeanor.

      Sec. 13.  NRS 361.310 is hereby amended to read as follows:

      361.310  1.  On or before January 1 of each year, the county assessor of each of the several counties shall complete his assessment roll, and shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and required to be assessed by him, and that he has assessed the property on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at the rate provided by law. A copy of the affidavit must be filed immediately by the assessor with the Department. The failure to take or subscribe to the affidavit does not in any manner affect the validity of any assessment contained in the assessment roll.

      2.  The county assessor shall close his roll as to all changes on the day he delivers it for publication. The roll may be reopened beginning the next day [for] :

      (a) For changes that occur before July 1 in:

      [(a)] (1) Ownership;

      [(b)] (2) Improvements as a result of new construction, destruction or removal;

      [(c)] (3) Land parceling;

      [(d)] (4) Site improvements;

      [(e)] (5) Zoning or other legal or physical restrictions on use;

      [(f)] (6) Actual use, including changes in agricultural or open space use;

      [(g)] (7) Exemptions; or

      [(h)] (8) Items of personal property on the secured roll [, or to] ;

      (b) To correct assessments because of a clerical, typographical or mathematical error; or

      (c) To correct overassessments because of a factual error in existence, size, quantity [or age.] , age, use or zoning, or legal or physical restrictions on use.

      3.  Any changes made after the roll is reopened pursuant to subsection 2 may be appealed to the county board of equalization in the current year or the next succeeding year.

      4.  Each county assessor shall keep a log of all changes in value made to the secured roll after it has been reopened. On or before October 31 of each year, the county assessor shall transmit a copy of the log to the board of county commissioners and the Nevada Tax Commission.

      Sec. 14.  (Deleted by amendment.)

      Sec. 15.  NRS 361.345 is hereby amended to read as follows:

      361.345  1.  Except as otherwise provided in subsection 2, the county board of equalization may determine the valuation of any property assessed by the county assessor, and may change and correct any valuation found to be incorrect either by adding thereto or by deducting therefrom such sum as is necessary to make it conform to the taxable value of the property assessed, whether that valuation was fixed by the owner or the county assessor. The county board of equalization may not reduce the assessment of the county assessor unless it is established by a preponderance of the evidence that the valuation established by the county assessor exceeds the full cash value of the property or is inequitable.

 


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assessor unless it is established by a preponderance of the evidence that the valuation established by the county assessor exceeds the full cash value of the property or is inequitable. A change so made is effective only for the fiscal year for which the assessment was made. The county assessor shall each year review all such changes made for the previous fiscal year and maintain or remove each change as circumstances warrant.

      2.  If a person complaining of the assessment of his property:

      (a) Has refused or, without good cause, has neglected to give the county assessor his list under oath, as required by NRS 361.265; or

      (b) Has, without good cause, refused entry to the assessor for the purpose of conducting the physical examination required by NRS 361.260,

Ê the county assessor shall make a reasonable estimate of the property and assess it accordingly. No reduction may be made by the county board of equalization from the assessment of the county assessor made pursuant to this subsection.

      3.  If the county board of equalization finds it necessary to add to the assessed valuation of any property on the assessment roll, it shall direct the clerk to give notice to the person so interested by registered or certified letter, or by personal service, naming the day when it will act on the matter and allowing a reasonable time for the interested person to appear.

      Sec. 16.  NRS 361.357 is hereby amended to read as follows:

      361.357  1.  The owner of any property who believes that the full cash value of his property is less than the taxable value computed for the property in the current assessment year, may, not later than January 15 of the fiscal year in which the assessment was made, appeal to the county board of equalization. If January 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day.

      2.  Before a person may file an appeal pursuant to subsection 1, the person must complete a form provided by the county assessor to appeal the assessment to the county board of equalization. The county assessor may, before providing such a form, require the person requesting the form to provide the parcel number or other identification number of the property that is the subject of the planned appeal.

      3.  If the county board of equalization finds that the full cash value of the property on January 1 immediately preceding the fiscal year for which the taxes are levied is less than the taxable value computed for the property, the board shall correct the land value or fix a percentage of obsolescence to be deducted [each year] from the otherwise computed taxable value of the improvements, or both, to make the taxable value of the property correspond as closely as possible to its full cash value.

      4.  No appeal under this section may result in an increase in the taxable value of the property.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  NRS 361.362 is hereby amended to read as follows:

      361.362  [At] Except as otherwise provided in this section, at the time that a person files an appeal pursuant to NRS 361.356, 361.357 or 361.360 on behalf of the owner of a property, the person shall provide to the county board of equalization or the State Board of Equalization, as appropriate, written authorization from the owner of the property that authorizes the person to file the appeal concerning the assessment that was made. If the person files the appeal in a timely manner without the written authorization required by this section, he may provide that written authorization within 48 hours after the last day allowed for filing the appeal.

 


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authorization within 48 hours after the last day allowed for filing the appeal.

      Sec. 19.  NRS 361.420 is hereby amended to read as follows:

      361.420  1.  Any property owner whose taxes are in excess of the amount which the owner claims justly to be due may pay each installment of taxes as it becomes due under protest in writing. The protest must be in the form of a separate, signed statement from the property owner and filed with the tax receiver at the time of the payment of the installment of taxes. The tax receiver forthwith shall forward one copy of the protest to the Attorney General and one copy to the State Controller.

      2.  The property owner, having protested the payment of taxes as provided in subsection 1 and having been denied relief by the State Board of Equalization, may commence a suit in any court of competent jurisdiction in the State of Nevada against the State and county in which the taxes were paid, and, in a proper case, both the Nevada Tax Commission and the Department may be joined as a defendant for a recovery of the difference between the amount of taxes paid and the amount which the owner claims justly to be due, and the owner may complain upon any of the grounds contained in subsection 4.

      3.  Every action commenced under the provisions of this section must be commenced within 3 months after the date of the payment of the last installment of taxes, and if not so commenced is forever barred. If the tax complained of is paid in full and under the written protest provided for in this section, at the time of the payment of the first installment of taxes, suit for the recovery of the difference between the amount paid and the amount claimed to be justly due must be commenced within 3 months after the date of the full payment of the tax or the issuance of the decision of the State Board of Equalization denying relief, whichever occurs later, and if not so commenced is forever barred.

      4.  In any suit brought under the provisions of this section, the person assessed may complain or defend upon any of the following grounds:

      (a) That the taxes have been paid before the suit;

      (b) That the property is exempt from taxation under the provisions of the revenue or tax laws of the State, specifying in detail the claim of exemption;

      (c) That the person assessed was not the owner and had no right, title or interest in the property assessed at the time of assessment;

      (d) That the property is situate in and has been assessed in another county, and the taxes thereon paid;

      (e) That there was fraud in the assessment or that the assessment is out of proportion to and above the taxable cash value of the property assessed;

      (f) That the assessment is out of proportion to and above the valuation fixed by the Nevada Tax Commission for the year in which the taxes were levied and the property assessed; or

      (g) That the assessment complained of is discriminatory in that it is not in accordance with a uniform and equal rate of assessment and taxation, but is at a higher rate of the taxable value of the property so assessed than that at which the other property in the State is assessed.

      5.  In a suit based upon any one of the grounds mentioned in paragraphs (e), (f) and (g) of subsection 4, the court shall conduct the trial without a jury and confine its review to the record before the State Board of Equalization. Where procedural irregularities by the Board are alleged and are not shown in the record, the court may take evidence respecting the allegation and, upon the request of either party, shall hear oral argument and receive written briefs on the matter.

 


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ê2005 Statutes of Nevada, Page 2660 (Chapter 496, SB 394)ê

 

the request of either party, shall hear oral argument and receive written briefs on the matter.

      6.  In all cases mentioned in this section where the complaint is based upon any grounds mentioned in subsection 4, the entire assessment must not be declared void but is void only as to the excess in valuation.

      7.  In any judgment recovered by the taxpayer under this section, the court may provide for interest thereon not to exceed 6 percent per annum from and after the date of payment of the tax complained of.

      Sec. 20.  NRS 361.510 is hereby amended to read as follows:

      361.510  1.  Except as otherwise provided in subsection 2, before June 1 of each year, the [board of county commissioners] tax receiver of each county shall prepare suitable blank receipts that are sequentially numbered to be issued [by the respective county assessors on] upon the payment , [to them] in cash , of [the] taxes on movable personal property. [The blank tax receipts must be countersigned by the county auditor and delivered to the county assessor who shall give his receipt to the board for the quantity delivered.]

      2.  The provisions of this section do not apply in a county which provides receipts for such payments in cash which are produced by a computer.

      Sec. 21.  NRS 361.525 is hereby amended to read as follows:

      361.525  If [the county assessor] a tax receiver gives any receipt on the payment to him of any tax on movable personal property other than that provided for in NRS 361.510, he is guilty of a category D felony and shall be punished as provided in NRS 193.130, and shall be removed from office.

      Sec. 22.  NRS 361.530 is hereby amended to read as follows:

      361.530  [On all moneys]

      1.  Except as otherwise provided in this section, on all money collected from personal property tax by the several county assessors and county treasurers, there [shall] must be reserved and paid into the county treasury, for the benefit of the general fund of their respective counties, by the county assessor [,] or county treasurer, a percentage commission of [6] 8 percent on the gross amount of collections from personal property tax.

      2.  One-quarter of the commission reserved pursuant to subsection 1 must be accounted for separately in the account for the acquisition and improvement of technology in the office of the county assessor created pursuant to NRS 250.085.

      Sec. 23.  NRS 361.530 is hereby amended to read as follows:

      361.530  [1.  Except as otherwise provided in this section, on] On all money collected from personal property tax by the several county assessors and county treasurers, there must be reserved and paid into the county treasury, for the benefit of the general fund of their respective counties, by the county assessor or county treasurer, a percentage commission of [8] 6 percent on the gross amount of collections from personal property tax.

      [2.  One-quarter of the commission reserved pursuant to subsection 1 must be accounted for separately in the account for the acquisition and improvement of technology in the office of the county assessor created pursuant to NRS 250.085.]

      Sec. 24.  NRS 361.535 is hereby amended to read as follows:

      361.535  1.  If the person, company or corporation so assessed neglects or refuses to pay the taxes within 30 days after demand, the taxes become delinquent. If the person, company or corporation so assessed neglects or refuses to pay the taxes within 10 days after the taxes become delinquent, a penalty of 10 percent must be added.

 


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refuses to pay the taxes within 10 days after the taxes become delinquent, a penalty of 10 percent must be added. If the tax and penalty are not paid on demand, the county assessor or his deputy may seize, seal or lock enough of the personal property of the person, company or corporation so neglecting or refusing to pay to satisfy the taxes and costs. The county assessor may use alternative methods of collection, including, without limitation, the assistance of the district attorney.

      2.  The county assessor shall:

      (a) Post a notice of the seizure, with a description of the property, in a public area of the county courthouse or the county office building in which the assessor’s office is located, and within the immediate vicinity of the property being seized; and

      (b) At the expiration of 5 days, proceed to sell at public auction, at the time and place mentioned in the notice, to the highest bidder, for lawful money of the United States, a sufficient quantity of the property to pay the taxes and expenses incurred. For this service, the county assessor must be allowed from the delinquent person a fee of $3. The county assessor is not required to sell the property if the highest bid received is less than the lowest acceptable bid indicated in the notice.

      3.  If the personal property seized by the county assessor or his deputy consists of a mobile or manufactured home, an aircraft, or the personal property of a business, the county assessor shall publish a notice of the seizure once during each of 2 successive weeks in a newspaper of general circulation in the county. If the legal owner of the property is someone other than the registered owner and the name and address of the legal owner can be ascertained from public records, the county assessor shall, before publication, send a [copy of the] notice of the seizure by registered or certified mail to the legal owner. The cost of the publication and notice must be charged to the delinquent taxpayer. The notice must state:

      (a) The name of the owner, if known.

      (b) The description of the property seized, including the location, the make, model and dimensions and the serial number, body number or other identifying number.

      (c) The fact that the property has been seized and the reason for seizure.

      (d) The lowest acceptable bid for the sale of the property, which is the total amount of the taxes due on the property and the penalties and costs as provided by law.

      (e) The time and place at which the property is to be sold.

Ê After the expiration of 5 days from the date of the second publication of the notice, the property must be sold at public auction in the manner provided in subsection 2 for the sale of other personal property by the county assessor.

      4.  Upon payment of the purchase money, the county assessor shall deliver to the purchaser of the property sold, with a certificate of the sale, a statement of the amount of taxes or assessment and the expenses thereon for which the property was sold, whereupon the title of the property so sold vests absolutely in the purchaser.

      5.  After a mobile or manufactured home, an aircraft, or the personal property of a business is sold and the county assessor has paid all the taxes and costs on the property, the county assessor shall deposit into the general fund of the county the first $300 of the excess proceeds from the sale. The county assessor shall deposit any remaining amount of the excess proceeds from the sale into an interest-bearing account maintained for the purpose of holding excess proceeds separate from other money of the county.

 


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ê2005 Statutes of Nevada, Page 2662 (Chapter 496, SB 394)ê

 

from the sale into an interest-bearing account maintained for the purpose of holding excess proceeds separate from other money of the county. If no claim is made for the money within 6 months after the sale of the property for which the claim is made, the county assessor shall pay the money into the general fund of the county. All interest paid on money deposited in the account pursuant to this subsection is the property of the county.

      6.  If the former owner of a mobile or manufactured home, aircraft, or personal property of a business that was sold pursuant to this section makes a claim in writing for the balance of the proceeds of the sale within 6 months after the completion of the sale, the county assessor shall pay the balance of the proceeds of the sale or the proper portion of the balance over to the former owner if the county assessor is satisfied that the former owner is entitled to it.

      Sec. 25.  NRS 361.5607 is hereby amended to read as follows:

      361.5607  1.  The [county treasurer] tax receiver may petition the board of county commissioners to designate as uncollectible those taxes on personal property:

      (a) Which have been delinquent for [5] 3 years or more;

      (b) Whose amount, including penalties and costs, is $25 or less; and

      (c) For whose collection all appropriate procedures have been followed and have proved unsuccessful.

Ê The board may grant or deny the petition with respect to any or all of those taxes.

      2.  No future liability attaches to the county assessor or the county treasurer for any taxes designated as uncollectible by the board of county commissioners under this section.

      Secs. 26 and 27.  (Deleted by amendment.)

      Sec. 28.  NRS 361.790 is hereby amended to read as follows:

      361.790  1.  Whenever a person has acquired a legal, equitable, security or vendee’s interest in a parcel of real property, which is a part of a larger parcel upon which there are delinquent taxes, and the person offers to tender to the county treasurer, in the county where the real estate is assessed, his prorated share of the tax on the larger parcel, covering the parcel in which he has acquired an interest, then the county treasurer shall make a report of the offer to the board of county commissioners of the county.

      2.  The board of county commissioners shall then examine the report of the county treasurer, and request a report from the county assessor as to the relative values of each parcel together with such other evidence as may be presented in connection therewith. If, after reviewing the report and evidence, the board of county commissioners is satisfied that the person offering to tender payment of the taxes due has a legal or beneficial interest in the smaller parcel only, it shall:

      (a) Determine what proportion of the assessment and tax on the entire parcel affected are attributable to the smaller parcel.

      (b) Enter an order in the minutes of the board, directing:

             (1) Each officer who has custody of the tax or assessment roll for the year for which the offer to tender has been made and for each subsequent year to divide and prorate the assessment and tax accordingly.

             (2) The county treasurer to accept the prorated tax when tendered and apply it to the proper parcel. If the smaller parcel has, at any time prior thereto, been conveyed to the county treasurer pursuant to NRS 361.585, the board shall enter a further order directing the county treasurer to issue and deliver a deed conveying the property to the person who has tendered the tax upon payment to the county treasurer of the cost, penalties and interest chargeable against the prorated tax for each fiscal period for which the tax remains unpaid, until the time of conveyance.

 


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deliver a deed conveying the property to the person who has tendered the tax upon payment to the county treasurer of the cost, penalties and interest chargeable against the prorated tax for each fiscal period for which the tax remains unpaid, until the time of conveyance.

             (3) The county assessor to assess each parcel separately thereafter.

      (c) Direct the clerk of the board to mail a copy of the order to the person offering to tender payment.

      3.  If the board of county commissioners issues the orders pursuant to subsection 2, the county treasurer shall issue a receipt to the person when he tenders payment of taxes. The receipt is conclusive evidence for the payment of all taxes assessed against the particular parcel for which the payment of tax is tendered, and is a complete defense to any action for taxes due on the parcel which may be brought for the period covered by the receipt.

      4.  Each county assessor receiving a request for a report as provided for in subsection 2 shall submit the report to the board of county commissioners within 30 days after receipt of the request.

      [5.  The provisions of this section apply to delinquencies which occurred either before, on or after April 20, 1967.]

      Sec. 29.  The Legislature hereby finds and declares that because of the shortage of real property available to the urban and rural communities in Nevada, it is in the best interests of the people of the State of Nevada to encourage the development of property as golf courses so as to preserve open space in both residential and commercial areas of development.

Sec. 30.  Chapter 361A of NRS is hereby amended by adding thereto the provisions set forth as sections 31 and 32 of this act.

      Sec. 31.  1.  “Golf course” means:

      (a) Real property that may be used for golfing or golfing practice by the public or by the members and guests of a private club; and

      (b) Improvements to that real property, including, without limitation, turf, bunkers, trees, irrigation, lakes, lake liners, bridges, practice ranges, golf greens, golf tees, paths and trails.

      2.  The term does not include:

      (a) A commercial golf driving range that is not operated in conjunction with a golf course.

      (b) A clubhouse, pro shop, restaurant or other building that is associated with a golf course.

      Sec. 32.  1.  For the purposes of NRS 361A.220, the value for open-space use of real property used as a golf course in a fiscal year is equal to the sum of:

      (a) The value of the land; and

      (b) The value of the improvements made to the real property before that fiscal year as adjusted for obsolescence,

Ê determined in accordance with the manual established pursuant to subsection 2.

      2.  The Nevada Tax Commission shall establish a manual for determining the value for open-space use of real property used as a golf course. The manual must:

      (a) Require the use of such standards and modifiers, as published or furnished by the Marshall and Swift Publication Company, as the Nevada Tax Commission determines to be applicable.

      (b) For the purpose of determining the value of the land, define various classifications of golf courses and provide for the valuation of each such classification in a manner that is consistent with the provisions of NRS 361.227, except that the value of the land must not be determined to exceed the product of $2,860 per acre multiplied by 1 plus the percentage change in the Consumer Price Index (All Items) for July 1 of the current year as compared to July 1, 2004.

 


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such classification in a manner that is consistent with the provisions of NRS 361.227, except that the value of the land must not be determined to exceed the product of $2,860 per acre multiplied by 1 plus the percentage change in the Consumer Price Index (All Items) for July 1 of the current year as compared to July 1, 2004.

      (c) For the purpose of determining the value of the improvements made to the real property, require the use of such factors as the Nevada Tax Commission determines to be appropriate. Those factors must include, for the purpose of determining obsolescence, a factor for golf courses that are not used on a consistently frequent basis each month of the year, which is based upon the actual number of rounds of golf played on the golf course in relation to the number of rounds that could have been played under optimum conditions.

      Sec. 33.  NRS 361A.010 is hereby amended to read as follows:

      361A.010  As used in this chapter, the terms defined in NRS 361A.020 to 361A.065, inclusive, and section 31 of this act have the meanings ascribed to them in those sections except where the context otherwise requires.

      Sec. 34.  NRS 361A.040 is hereby amended to read as follows:

      361A.040  “Open-space real property” means:

      1.  Land:

      (a) Located within an area classified pursuant to NRS 278.250 and subject to regulations designed to promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment; and

      (b) Devoted exclusively to open-space use.

      2.  The improvements on the land described in subsection 1 that is used primarily to support the open-space use and not primarily to increase the value of surrounding developed property or secure an immediate monetary return.

      3.  Land that is used as a golf course.

      Sec. 35.  NRS 361A.050 is hereby amended to read as follows:

      361A.050  “Open-space use” means the current employment of land, the preservation of which use would conserve and enhance natural or scenic resources, protect streams and water supplies, maintain natural features which enhance control of floods or preserve sites designated as historic by the Office of Historic Preservation of the Department of Cultural Affairs. The use of real property and the improvements on that real property as a golf course shall be deemed to be an open-space use of the land.

      Sec. 36.  NRS 361A.090 is hereby amended to read as follows:

      361A.090  1.  It is the intent of the Legislature to:

      (a) Constitute agricultural and open-space real property as a separate class for taxation purposes; and

      (b) Provide a separate plan for:

             (1) Appraisal and valuation of such property for assessment purposes; and

             (2) Partial deferred taxation of such property with tax recapture as provided in NRS 361A.280 and 361A.283.

      2.  The Legislature hereby declares that it is in the best interest of the State to maintain, preserve, conserve and otherwise continue in existence adequate agricultural and open-space lands and the vegetation thereon to assure continued public health and the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the State and its citizens.

 


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resources and scenic beauty for the economic and social well-being of the State and its citizens.

3.  The Legislature hereby further finds and declares that the use of real property and improvements on that real property as a golf course achieves the purpose of conserving and enhancing the natural and scenic resources of this State and promotes the conservation of open space.

      Sec. 37.  NRS 361A.170 is hereby amended to read as follows:

      361A.170  1.  Property used as a golf course is hereby designated and classified as open-space real property and must be assessed as an open-space use.

      2.  [The] In addition to the designation and classification of a golf course as open-space real property pursuant to subsection 1, the governing body of each city or county shall, from time to time, specify by resolution [the] additional designations or classifications under its master plan that are designed to promote the conservation of open space, the maintenance of natural features for control of floods and the protection of other natural and scenic resources from unreasonable impairment.

      [2.] 3.  The board of county commissioners shall, from time to time, adopt by ordinance procedures and criteria which must be used in considering an application for open-space use assessment [.] based on a designation or classification adopted pursuant to subsection 2. The criteria may include requirements respecting public access to and the minimum size of the property.

      Sec. 38.  NRS 361A.180 is hereby amended to read as follows:

      361A.180  Any owner of real property may apply to the county assessor for open-space use assessment based on a designation or classification adopted pursuant to subsection 2 of NRS 361A.170 and the payment of taxes on such property as provided in this chapter.

      Sec. 39.  NRS 361A.220 is hereby amended to read as follows:

      361A.220  1.  If [the] property is [found by the board of county commissioners] to be assessed as open-space real property, the county assessor shall determine its value for open-space use and assess it for taxes to be collected in the ensuing fiscal year at 35 percent of that value.

      2.  The open-space use assessment must be maintained in the records of the assessor and must be made available to any person upon request. The property owner must be notified of the open-space use assessment in the manner provided for notification of taxable value assessments. The notice must contain the statement: Deferred taxes will become due on any portion of this parcel which is converted to a higher use.

      Sec. 40.  NRS 361A.230 is hereby amended to read as follows:

      361A.230  1.  The county assessor shall enter on the assessment roll the valuation based on open-space use until the property becomes disqualified for open-space use assessment by:

      (a) [Notification by the applicant to the assessor to remove the open-space use assessment;

      (b)] Sale or transfer to an owner making it exempt from ad valorem property taxation;

      [(c)] (b) Removal of the open-space use assessment by the assessor, with the concurrence of the board, upon discovery that the property is no longer in the [approved] open-space use; or

      [(d)] (c) If the open-space use assessment is based on a designation or classification adopted pursuant to subsection 2 of NRS 361A.170:

 


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             (1) Notification by the applicant to the assessor to remove the open-space use assessment; or

             (2) Failure to file a new application as provided in NRS 361A.190.

      2.  Except as otherwise provided in paragraph [(b)] (a) of subsection 1, the sale or transfer to a new owner or transfer by reason of death of a former owner does not operate to disqualify open-space real property from open-space use assessment so long as the property continues to be used exclusively for an [approved] open-space use . [, if] If the open-space use assessment is based on a designation or classification adopted pursuant to subsection 2 of NRS 361A.170, the new owner [applies] must apply for open-space use assessment in the manner provided in NRS 361A.190.

      3.  Whenever open-space real property becomes disqualified under subsection 1, the county assessor shall send a written notice of disqualification by certified mail with return receipt requested to each owner of record. The notice must contain the assessed value for the ensuing fiscal year.

      Sec. 41.  NRS 361A.240 is hereby amended to read as follows:

      361A.240  1.  The determination of use and the open-space use assessment in each year are final unless appealed.

      2.  [The] If the application for an open-space use assessment is based on a designation or classification adopted pursuant to subsection 2 of NRS 361A.170, the applicant for the open-space assessment is entitled to:

      (a) Appeal the determination made by the board of county commissioners to the district court in the county where the property is located, or if located in more than one county, in the county in which the major portion of the property is located, as provided in NRS 278.0235.

      (b) Equalization of the open-space use assessment in the manner provided in chapter 361 of NRS for complaints of overvaluation, excessive valuation or undervaluation.

      Sec. 42.  NRS 361A.286 is hereby amended to read as follows:

      361A.286  1.  The deferred tax and penalty assessed pursuant to NRS 361A.280 and 361A.283 are a perpetual lien until paid as provided in NRS 361.450. If the property continues to be used exclusively for agricultural use or approved open-space use for 7 fiscal years after the date of attachment, the lien for that earliest year expires. The lien is for an undetermined amount until the property is converted and the amount is determined pursuant to NRS 361A.280. Any liens calculated and recorded before July 1, 1989, for property that had not been converted shall be deemed to have expired on that date.

      2.  If agricultural or open-space real property receiving agricultural or open-space use assessment is sold or transferred to an ownership making it exempt from taxation ad valorem, any such liens for deferred taxes must , unless the property is sold or transferred to the Nevada System of Higher Education, a school district or another local governmental entity, be [cancelled, except for such liens on property acquired by the Nature Conservancy, American Land Conservancy or Nevada Land Conservancy.] paid in full before the transfer of ownership if the property is converted to another use.

      3.  The provisions of this section do not apply to any portion of agricultural or open-space real property if the deferred tax and any penalty have been paid pursuant to NRS 361A.265.

 


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      4.  Each year, the county assessor must record a list of parcel numbers and owner’s names for all parcels on which a lien exists pursuant to subsection 1.

      Sec. 43.  NRS 362.170 is hereby amended to read as follows:

      362.170  1.  There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, by the combined rate of tax ad valorem, excluding any rate levied by the State of Nevada, for property at that site, plus a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to the county. The Department shall report to the State Controller on or before May 25 of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year. The State Controller shall distribute all money due to a county on or before May 30 of each year.

      2.  The county treasurer shall apportion to each local government or other local entity an amount calculated by:

      (a) Determining the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation and any royalty payments paid by that operation, by the rate levied on behalf of that local government or other local entity;

      (b) Adding to the amount determined pursuant to paragraph (a) a pro rata share of any penalties and interest collected by the department for the late payment of taxes distributed to that local government or local entity; and

      (c) Subtracting from the amount determined pursuant to paragraph (b) a commission of [3] 5 percent of that amount , of which 3 percent must be deposited in the county general fund [.] and 2 percent must be accounted for separately in the account for the acquisition and improvement of technology in the office of the county assessor created pursuant to NRS 250.085.

      3.  The amounts apportioned pursuant to subsection 2, including, without limitation, the amount retained by the county and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.

      4.  The Department shall report to the State Controller on or before May 25 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.

      Secs. 44-46.  (Deleted by amendment.)

      Sec. 47.  NRS 250.085 is hereby amended to read as follows:

      250.085  1.  The board of county commissioners of each county shall by ordinance create in the county general fund an account to be designated as the Account for the Acquisition and Improvement of Technology in the Office of the County Assessor.

      2.  The money in the Account [must] :

      (a) Must be accounted for separately and not as a part of any other account [.] ; and

      (b) Must not be used to replace or supplant any money available from other sources to acquire technology for and improve technology used in the office of the county assessor.

 


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      3.  The money in the Account must be used to acquire technology for or improve the technology used in the office of the county assessor, including, without limitation, the payment of costs associated with acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology. At the discretion of the county assessor, the money may be used by other county offices that do business with the county assessor.

      4.  On or before July 1 of each year, the county assessor shall submit to the board of county commissioners a report of the projected expenditures of the money in the account for the following fiscal year. Any money remaining in the account at the end of a fiscal year that has not been committed for expenditure reverts to the county general fund.

      Sec. 48.  NRS 268.5975 is hereby amended to read as follows:

      268.5975  1.  A county assessor may request that the governing body of a city realign one or more of the boundary lines between the city and the unincorporated area of the county or between two cities to adjust a boundary that bisects a parcel of land causing the creation of more than one tax parcel from a single legal parcel. Notwithstanding any other provision of law, the governing body may, by ordinance or other appropriate legal action, with the consent of the board of county commissioners or the governing body of the other city, respectively, adjust the boundary to exclude the portion of the split parcel from the city.

      2.  Where any territory is detached from a city as provided in this section, provision must be made for such proportion of any outstanding general obligations of the city as the assessed valuation of property in the territory bears to the total assessed valuation of property in the city and for such proportion of any obligations secured by the pledge of revenues from a public improvement as the revenue arising within the territory bears to the total revenue from such improvement as follows:

      (a) If the territory is included in another city, the proportionate obligation must be assumed according to its terms by the annexing city;

      (b) If the territory is included in the unincorporated area of the county, taxes must be levied by the board of county commissioners upon all taxable property in the district, sufficient to discharge the proportionate share of the debt for the general obligation according to its terms; or

      (c) [Where] Except as otherwise provided in this paragraph, where substantially all of the physical improvements for which the obligation was incurred are within the territory remaining in the city, with the consent of the governing body of the city from which such territory is detached and of the holders of such obligations, the entire obligation may be assumed by the city from which such territory is detached and the detached territory released therefrom. The consent of the holders of such obligations is not required if the total assessed value of the territory that is detached from the city on or after July 1, 2003, is not in excess of 0.01 percent of the assessed value of the city at the time the territory is detached.

      Sec. 49.  NRS 278.325 is hereby amended to read as follows:

      278.325  1.  If a subdivision is proposed on land which is zoned for industrial or commercial development, neither the tentative nor the final map need show any division of the land into lots or parcels, but the streets and any other required improvements are subject to the requirements of NRS 278.010 to 278.630, inclusive.

 


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any other required improvements are subject to the requirements of NRS 278.010 to 278.630, inclusive.

      2.  No parcel of land may be sold for residential use from a subdivision whose final map does not show a division of the land into lots.

      3.  Except as otherwise provided in subsection 4, a boundary or line must not be created by a conveyance of a parcel from an industrial or commercial subdivision unless a professional land surveyor has surveyed the boundary or line and set the monuments. The surveyor shall file a record of the survey pursuant to the requirements set forth in NRS 625.340. Any conveyance of such a parcel must contain a legal description of the parcel that is independent of the record of survey.

      4.  The provisions of subsection 3 do not apply to a boundary or line that is created entirely within an existing industrial or commercial building. A certificate by a professional engineer or registered architect which certifies compliance with the applicable building code must be attached to any document which proposes to subdivide a building.

      Sec. 50.  NRS 278.372 is hereby amended to read as follows:

      278.372  1.  The final map must be clearly and legibly drawn in permanent black ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the final map with permanent black ink.

      2.  The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.

      3.  The scale of the final map must be large enough to show all details clearly. The final map must have a sufficient number of sheets to accomplish this end.

      4.  Each sheet of the final map must indicate its particular number, the total number of sheets in the final map and its relation to each adjoining sheet.

      5.  The final map must show all surveyed and mathematical information and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including the bearings and distances of straight lines, central angle, radii and arc length for all curves and such information as may be necessary to determine the location of the centers of curves.

      6.  Each lot must be numbered or lettered.

      7.  Each street must be named and each block may be numbered or lettered.

      8.  The exterior boundary of the land included within the subdivision must be indicated by graphic border.

      9.  The final map must show:

      (a) The definite location of the subdivision, particularly its relation to surrounding surveys.

      (b) The area of each lot and the total area of the land in the subdivision in the following manner:

             (1) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

             (2) In square feet if the area is less than 2 acres.

 


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      (c) Any roads or easements of access which the owner intends to offer for dedication.

      (d) Except as otherwise provided in NRS 278.329, an easement for public utilities that provide gas, electric and telecommunications services and for any community antenna television companies that have a franchise to operate a community antenna television system in that area.

      (e) Except as otherwise provided in NRS 278.329, an easement for public utilities that provide water and sewer services.

      10.  The final map for a condominium must also indicate, for the purpose of assessing taxes, whether any garage units, parking spaces or storage units may be conveyed separately from the units within the condominium or are parceled separately from those units. As used in this subsection, “condominium” has the meaning ascribed to it in NRS 116.027.

      11.  The final map must also satisfy any additional survey and map requirements, including the delineation of Nevada state plane coordinates established pursuant to chapter 327 of NRS, for any corner of the subdivision or any other point prescribed by the local ordinance.

      Sec. 51.  NRS 427A.540 is hereby amended to read as follows:

      427A.540  No claim may be accepted by the Division if the:

      1.  Claimant or spouse of the claimant owns real property, other than that claimed as a home, which has an assessed value of more than $30,000;

      2.  Home of the claimant has an assessed value of more than [$87,500;] $200,000; or

      3.  Liquid assets of the claimant are more than $150,000.

      Sec. 52.  NRS 502.075 is hereby amended to read as follows:

      502.075  The Department shall issue to a blind person, as defined in subsection [5] 6 of NRS 361.085, a hunting license which:

      1.  Authorizes a person selected by the blind person to hunt on his behalf if:

      (a) The person selected is a resident of the State of Nevada and possesses a valid Nevada hunting license; and

      (b) The blind person is in the company of or in the immediate area of the person selected.

      2.  Is issued pursuant and subject to regulations prescribed by the Commission.

      3.  Contains the word “Blind” printed on the face of the license.

      Sec. 52.1.  Section 1 of Assembly Bill No. 312 of this session is hereby amended to read as follows:

       Section 1.  Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  Except as otherwise provided in subsection 5, NRS 322.063, 322.065 or 322.075, except as otherwise required by federal law and except for land that is sold or leased pursuant to an agreement entered into pursuant to NRS 277.080 to 277.170, inclusive, when offering any land for sale or lease, the State Land Registrar shall:

       (a) Obtain two independent appraisals of the land before selling or leasing it. The appraisals must have been prepared not more than 6 months before the date on which the land is offered for sale or lease.

 


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       (b) Notwithstanding the provisions of chapter 333 of NRS, select the two independent appraisers from the list of appraisers established pursuant to subsection 2.

       (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the State Land Registrar as to the qualifications of an appraiser is conclusive.

       2.  The State Land Registrar shall adopt regulations for the procedures for creating or amending a list of appraisers qualified to conduct appraisals of land offered for sale or lease by the State Land Registrar. The list must:

       (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the land that may be appraised; and

       (b) Be organized at random and rotated from time to time.

       3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the owner of the land or the owner of an adjoining property.

       4.  An appraiser shall not perform an appraisal on any land offered for sale or lease by the State Land Registrar if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the land or an adjoining property.

       5.  If a lease of land is for residential property and the term of the lease is 1 year or less, the State Land Registrar shall obtain an analysis of the market value of similar rental properties prepared by a licensed real estate broker or salesman when offering such a property for lease.

      Sec. 52.2.  Section 5 of Assembly Bill No. 312 of this session is hereby amended to read as follows:

       Sec. 5.  1.  Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2825, 244.284, 244.287, 244.290 and 278.479 to 278.4965, inclusive, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election, the board of county commissioners shall, when offering any real property for sale or lease:

       (a) Obtain two independent appraisals of the real property before selling or leasing it. The appraisals must have been prepared not more than 6 months before the date on which the real property is offered for sale or lease.

       (b) Select the two independent appraisers from the list of appraisers established pursuant to subsection 2.

 


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       (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the board of county commissioners as to the qualifications of the appraiser is conclusive.

       2.  The board of county commissioners shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the board. The list must:

       (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

       (b) Be organized at random and rotated from time to time.

       3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.

       4.  An appraiser shall not perform an appraisal on any real property for sale or lease by the board of county commissioners if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property.

      Sec. 52.3.  Section 7 of Assembly Bill No. 312 of this session is hereby amended to read as follows:

       Sec. 7.  NRS 244.281 is hereby amended to read as follows:

      244.281  Except as otherwise provided in this section and section 5 of this act and NRS 244.189, 244.276, 244.279, 244.2825 [and 244.288:] , 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election:

      1.  When a board of county commissioners has determined by resolution that the sale or [exchange] lease of any real property owned by the county will be for purposes other than to establish, align, realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, or flood control facility within the county and will be in the best interest of the county, it may:

      (a) Sell the property [at public auction,] in the manner prescribed for the sale of real property in NRS 244.282.

      (b) [Sell the property through a licensed real estate broker, or if there is no real estate broker resident of the county, the board of county commissioners may negotiate the sale of the property. No exclusive listing may be given. In all listings, the board of county commissioners shall specify the minimum price, the terms of sale and the commission to be allowed, which must not exceed the normal commissions prevailing in the community at the time.

 


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the commission to be allowed, which must not exceed the normal commissions prevailing in the community at the time.

      (c) Exchange the property for other real property of substantially equal value, or for other real property plus an amount of money equal to the difference in value, if it has also determined by resolution that the acquisition of the other real property will be in the best interest of the county.] Lease the property in the manner prescribed for the lease of real property in NRS 244.283.

       2.  Before the board of county commissioners may sell [or exchange] or lease any real property as provided in [paragraphs (b) and (c) of] subsection 1, it shall:

       (a) Post copies of the resolution described in subsection 1 in three public places in the county; and

       (b) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

             (1) A description of the real property proposed to be sold or [exchanged] leased in such a manner as to identify it;

             (2) The minimum price, if applicable, of the real property proposed to be sold or [exchanged;] leased; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  [In addition to the requirements set forth in paragraph (b) of subsection 2, in case of:

      (a) A sale, the notice must state the name of the licensed real estate broker handling the sale and invite interested persons to negotiate with him.

      (b) An exchange, the notice must call for offers of cash or exchange. The commission shall accept the highest and best offer.

      4.]  If the board of county commissioners by its resolution further finds that the property to be sold or leased is worth more than $1,000, the board shall appoint [one] two or more disinterested, competent real estate appraisers pursuant to section 4 of this act to appraise the property [,] and, except for property acquired pursuant to NRS 371.047, shall not sell or [exchange] lease it for less than the highest appraised value.

      [5.] 4.  If the property is appraised at $1,000 or more, the board of county commissioners may [sell it] :

      (a) Lease the property; or

      (b) Sell the property either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.

 


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ê2005 Statutes of Nevada, Page 2674 (Chapter 496, SB 394)ê

 

       5.  A board of county commissioners may sell or lease any real property owned by the county without complying with the provisions of NRS 244.282 or 244.283 to:

       (a) A person who owns real property located adjacent to the real property to be sold or leased if the board has determined by resolution that:

             (1) The real property is a:

                   (I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;

                   (II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property for sale or lease; or

                   (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property for sale or lease; and

             (2) The sale will be in the best interest of the county.

       (b) Another governmental entity if:

             (1) The sale or lease restricts the use of the real property to a public use; and

             (2) The board adopts a resolution finding that the sale or lease will be in the best interest of the county.

       6.  A board of county commissioners that disposes of real property pursuant to subsection 4 is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.

      7.  If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the board of county commissioners may offer the real property for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the board of county commissioners must obtain a new appraisal of the real property pursuant to the provisions of section 4 of this act before offering the real property for sale or lease a second time. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the board of county commissioners may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.

       8.  As used in this section, “flood control facility” has the meaning ascribed to it in NRS 244.276.

 


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ê2005 Statutes of Nevada, Page 2675 (Chapter 496, SB 394)ê

 

      Sec. 52.4.  Assembly Bill No. 312 of this session is hereby amended by adding thereto a new section to be designated as sec. 7.5, immediately following sec. 7, to read as follows:

       Sec. 7.5.  NRS 244.283 is hereby amended to read as follows:

      244.283  1.  When the board of county commissioners determines that the lease of real property belonging to the county for industrial, commercial, residential or recreational purposes is necessary or desirable, the board may lease such real property, whether acquired by purchase, dedication or otherwise. Such a lease must not be in contravention of any condition in a gift or devise of real property to the county.

      2.  Except as otherwise provided in NRS 244.279, before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution must:

      (a) Describe the property proposed to be leased in such manner as to identify it.

      (b) Specify the minimum rental, and the terms upon which it will be leased.

      (c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed proposals to lease will be received and considered.

      3.  Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:

      (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

      (b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.

      4.  At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease and which are made by responsible bidders, the proposal which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.

      5.  Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution, for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person must be finally accepted.

      6.  A person may not make an oral bid unless, at least 5 days before the meeting held for receiving and considering bids, he submits to the board written notice of his intent to make an oral bid and a statement establishing his financial responsibility to the satisfaction of the board.

      7.  The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the [10] 21 days next following.

 


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ê2005 Statutes of Nevada, Page 2676 (Chapter 496, SB 394)ê

 

      8.  The board may, either at the same session or at any adjourned session of the same meeting held within the [10] 21 days next following, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from lease.

      9.  Any resolution of acceptance of any bid made by the board must authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith.

      10.  All money received from rentals of real property must be deposited forthwith with the county treasurer to be credited to the county general fund.

      11.  This section does not apply to leases of real property made pursuant to NRS 244.288, 334.070 or 338.177.

      Sec. 52.5.  Section 12 of Assembly Bill No. 312 of this session is hereby amended to read as follows:

       Sec. 12.  1.  Except as otherwise provided in NRS 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:

       (a) Obtain two independent appraisals of the real property before selling or leasing it. The appraisals must be based on the zoning of the real property as set forth in the master plan for the city and must have been prepared not more than 6 months before the date on which real property is offered for sale or lease.

       (b) Select the two independent appraisers from the list of appraisers established pursuant to subsection 2.

       (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the governing body as to the qualifications of the appraiser is conclusive.

       2.  The governing body shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the governing body. The list must:

       (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

       (b) Be organized at random and rotated from time to time.

       3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.

 


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ê2005 Statutes of Nevada, Page 2677 (Chapter 496, SB 394)ê

 

interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.

       4.  An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property.

      Sec. 52.6.  Section 13 of Assembly Bill No. 312 of this session is hereby amended to read as follows:

      Sec. 13.  Except as otherwise provided in this section and section 15 of this act, NRS 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwise provided by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election:

      1.  If a governing body has determined by resolution that the sale or lease of any real property owned by the city will be in the best interest of the city, it may sell or lease the real property in the manner prescribed for the sale or lease of real property in section 14 of this act.

       2.  Before the governing body may sell or lease any real property as provided in subsection 1, it shall:

       (a) Post copies of the resolution described in subsection 1 in three public places in the city; and

       (b) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

             (1) A description of the real property proposed to be sold or leased in such a manner as to identify it;

             (2) The minimum price, if applicable, of the real property proposed to be sold or leased; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  If the governing body by its resolution finds additionally that the real property to be sold is worth more than $1,000, the board shall conduct an appraisal pursuant to section 12 of this act to determine the value of the real property and, except for real property acquired pursuant to NRS 371.047, shall not sell or lease it for less than the highest appraised value.

 


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ê2005 Statutes of Nevada, Page 2678 (Chapter 496, SB 394)ê

 

      4.  If the real property is appraised at $1,000 or more, the governing body may:

      (a) Lease the real property; or

      (b) Sell the real property for:

             (1) Cash; or

             (2) Not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust bearing such interest and upon such further terms as the governing body may specify.

       5.  A governing body may sell or lease any real property owned by the city without complying with the provisions of sections 12, 13 and 14 of this act to:

       (a) A person who owns real property located adjacent to the real property to be sold or leased if the governing body has determined by resolution that:

             (1) The real property is a:

                   (I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;

                   (II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; or

                   (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; and

             (2) The sale or lease will be in the best interest of the city.

       (b) Another governmental entity if:

             (1) The sale or lease restricts the use of the real property to a public use; and

             (2) The governing body adopts a resolution finding that the sale or lease will be in the best interest of the city.

       6.  A governing body that disposes of real property pursuant to subsection 5 is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.

       7.  If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the governing body may offer the real property for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the governing body must obtain a new appraisal of the real property pursuant to the provisions of section 12 of this act before offering the real property for sale or lease a second time. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the governing body may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.

 


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ê2005 Statutes of Nevada, Page 2679 (Chapter 496, SB 394)ê

 

within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.

      Sec. 52.7.  Section 14 of Assembly Bill No. 312 of this session is hereby amended to read as follows:

      Sec. 14.  1.  Except as otherwise provided in this section and section 15 of this act and NRS 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, the governing body shall, in open meeting by a majority vote of the members and before ordering the sale or lease at auction of any real property, adopt a resolution declaring its intention to sell or lease the property at auction. The resolution must:

      (a) Describe the property proposed to be sold or leased in such a manner as to identify it;

      (b) Specify the minimum price and the terms upon which the property will be sold or leased; and

      (c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the governing body to be held at its regular place of meeting, at which sealed bids will be received and considered.

      2.  Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:

      (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

      (b) Causing to be published at least once a week for 3 successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

             (1) A description of the real property proposed to be sold or leased at auction in such a manner as to identify it;

             (2) The minimum price of the real property proposed to be sold or leased at auction; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received must, in public session, be opened, examined and declared by the governing body. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or lease and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the governing body rejects all bids.

 


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ê2005 Statutes of Nevada, Page 2680 (Chapter 496, SB 394)ê

 

must be finally accepted, unless a higher oral bid is accepted or the governing body rejects all bids.

      4.  Before accepting any written bid, the governing body shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy or lease the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.

      5.  The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 21 days next following.

      6.  The governing body may, either at the same session or at any adjourned session of the same meeting held within the 21 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale or lease.

       7.  Any resolution of acceptance of any bid made by the governing body must authorize and direct the chairman to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessor with all the terms or conditions of his contract which are to be performed concurrently therewith.

      Sec. 52.8.  Section 25 of Assembly Bill No. 312 of this session is hereby amended to read as follows:

       Sec. 25.  This act becomes effective on [July] October 1, 2005.

      Sec. 53.  NRS 361.123, 361.255, 361.520 and 361.775 are hereby repealed.

      Sec. 54.  The amendatory provisions of section 51 of this act apply to claims for assistance filed pursuant to NRS 427A.450 to 427A.600, inclusive, on or after January 1, 2006.

      Sec. 55.  The Nevada Tax Commission shall establish the manual required by section 32 of this act not later than July 1, 2006.

      Sec. 56.  On or before July 1, 2006, and July 1, 2007, the county assessor of each county shall submit to the board of county commissioners of the county and the Legislative Commission a report of:

      1.  Any technology acquired and any improvements in the technology used in the office of the county assessor as a result of the money accounted for separately in the account for the acquisition and improvement of technology in the office of the county assessor pursuant to NRS 361.530 and 362.170, as amended by this act; and

      2.  The means by and extent to which that money has assisted the county assessor in the collection of taxes.

      Sec. 57.  1.  This section and sections 52.1 to 52.8, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 to 22, inclusive, 24 to 28, inclusive, 42 to 52, inclusive, and 53 to 56, inclusive, of this act become effective on July 1, 2005.

      3.  Sections 29 to 41, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of those sections; and

      (b) On July 1, 2006, for all other purposes.

      4.  Section 23 of this act becomes effective on July 1, 2007.

 


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ê2005 Statutes of Nevada, Page 2681 (Chapter 496, SB 394)ê

 

      5.  Section 43 of this act expires by limitation on June 30, 2007.

________

 

CHAPTER 497, SB 457

Senate Bill No. 457–Committee on Judiciary

 

CHAPTER 497

 

AN ACT relating to intoxicating liquor; revising provisions governing the storage and transfer of liquor between certain retail liquor stores; authorizing a wholesale dealer, supplier, retailer or retail liquor dealer to bring a civil action for certain violations relating to intoxicating liquor; requiring certain persons employed at certain establishments where alcoholic beverages are sold to complete certain training; requiring the Department of Taxation to impose administrative fines upon the owners or operators of certain establishments for certain violations; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 369 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  1.  Except as otherwise provided in NRS 369.4865, a retail liquor store may receive and store liquor and transfer an original package of liquor to another retail liquor store, and that other retail liquor store may receive the original package of liquor pursuant to the transfer, if:

      (a) Each retail liquor store is in the marketing area of the wholesale dealer that holds the franchise for the brand of liquor purchased as indicated by the forms filed by the wholesale dealer with the Department;

      (b) The retail liquor store obtains a special permit for the transportation pursuant to subsection 4 of NRS 369.450; and

      (c) The initial retail liquor store:

             (1) Obtained the original package of liquor in compliance with the provisions of this chapter and chapter 597 of NRS; and

             (2) Is an affiliate of the retail liquor store that receives the transfer.

      2.  A transfer of an original package of liquor between retail liquor stores which are not located within the same marketing area may occur only if:

      (a) The wholesale dealers in the marketing areas where the retail liquor stores are located:

             (1) Are affiliates;

             (2) Consent, in writing, to the transfer; and

             (3) Hold the franchises for the brands of liquor purchased in each marketing area involved in the transfer;

      (b) The retail liquor store obtains a special permit for the transportation pursuant to subsection 4 of NRS 369.450; and

      (c) The initial retail liquor store:

             (1) Obtained the original package of liquor in compliance with the provisions of this chapter; and

             (2) Is an affiliate of the retail liquor store that receives the transfer.

 


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ê2005 Statutes of Nevada, Page 2682 (Chapter 497, SB 457)ê

 

      3.  A transfer authorized by this section shall not be deemed a sale.

      4.  A retail liquor store that transfers or receives an original package of liquor as authorized by this section:

      (a) Shall not be deemed to be engaged in business as a wholesale dealer based upon the transfer authorized by this section; and

      (b) Shall not sell any original package of liquor that has been transferred to any other wholesale dealer or retail liquor store.

      5.  A wholesale dealer shall notify the retail liquor stores located in the marketing area of the wholesaler dealer of the boundaries of that marketing area.

      6.  As used in this section:

      (a) “Affiliate” means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with, a specified person.

      (b) “Franchise” has the meaning ascribed to it in NRS 597.130.

      (c) “Liquor” does not include beer or malt-based beverages, but does include flavored malt beverages if the supplier and the wholesale dealer holding the franchise for such flavored malt beverages consent in writing. As used in this paragraph, “flavored malt beverages” means flavored malt beverages that are not marketed, merchandised or sold as beer.

      (d) “Marketing area” has the meaning ascribed to it in NRS 597.136.

      (e) “Retail liquor store” includes a facility that is owned or operated by a retailer and is used for the temporary storage and transfer of liquor pursuant to this section.

      Sec. 3.  1.  A wholesale dealer may bring an action in a court of competent jurisdiction against a retail liquor store and another wholesale dealer who knowingly transfer:

      (a) An original package of liquor between marketing areas without the consent of the wholesale dealer as required by subsection 2 of section 2 of this act; or

      (b) An original package of beer between retail liquor stores without complying with the provisions of chapter 369 of NRS,

Ê and is entitled to an award of $1,000 for each violation and may recover the damages sustained by him, together with such costs of the action and reasonable attorney’s fees as authorized by NRS 18.110.

      2.  If any person knowingly violates any provision of NRS 369.180, 369.386, 369.388, 369.486, 369.487 or 369.488, a wholesale dealer, supplier, retailer or retail liquor dealer who is injured by the violation may bring an action in a court of competent jurisdiction against the person to recover:

      (a) For the first violation, $100 plus treble the actual damages sustained by him, together with such costs of the action and reasonable attorney’s fees as authorized by NRS 18.110.

      (b) For the second violation, $250 plus treble the actual damages sustained by him, together with such costs of the action and reasonable attorney’s fees as authorized by NRS 18.110.

      (c) For the third and any subsequent violation, $500 plus treble the actual damages sustained by him and punitive damages as the facts may warrant, together with such costs of the action and reasonable attorney’s fees as authorized by NRS 18.110.

      3.  A director, officer, agent or employee or a person engaged in the sale or importation of liquor in this State who knowingly assists or aids in a violation of this chapter for which an action is authorized pursuant to this section is liable in such an action.

 


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ê2005 Statutes of Nevada, Page 2683 (Chapter 497, SB 457)ê

 

a violation of this chapter for which an action is authorized pursuant to this section is liable in such an action.

      4.  The remedies provided in this section are independent of and supplemental to any other remedy or remedies available to a person in law or equity.

      Sec. 4.  As used in sections 4 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5.  “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

      Sec. 6.  “Alcoholic beverage awareness program” means a program designed to educate persons who sell or serve alcoholic beverages or perform the duties of a security guard at an establishment.

      Sec. 7.  “Commission” means the Commission on Postsecondary Education created by NRS 394.383.

      Sec. 8.  1.  “Establishment” includes:

      (a) A business that sells alcoholic beverages by the drink for consumption on the premises; and

      (b) In a county whose population is 400,000 or more, a business that sells alcoholic beverages in corked or sealed containers or receptacles for consumption off the premises.

      2.  The term includes, without limitation, a retail liquor store.

      3.  The term does not include:

      (a) A wholesale dealer; or

      (b) A private club or other facility not in fact open to the public.

      Sec. 9.  1.  Except as otherwise provided in subsection 5, on and after July 1, 2007, a person who owns or operates an establishment shall not:

      (a) Hire a person to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment unless:

             (1) The person hired to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment has already successfully completed a certified program and already holds a valid alcohol education card; or

             (2) The person who owns or operates the establishment ensures that the person hired to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment, within 30 days after the date on which he is hired, successfully completes a certified program and obtains a valid alcohol education card; or

      (b) Continue to employ a person who was hired before that date to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment unless:

             (1) The person who continues to be employed to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment has already successfully completed a certified program and already holds a valid alcohol education card; or

             (2) The person who owns or operates the establishment ensures that the person who continues to be employed to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment, not later than July 31, 2007, successfully completes a certified program and obtains a valid alcohol education card.

 


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ê2005 Statutes of Nevada, Page 2684 (Chapter 497, SB 457)ê

 

      2.  The Department shall impose upon an owner or operator of an establishment who violates any of the provisions of this section an administrative fine of not more than:

      (a) For the first violation within a 24-month period, $500.

      (b) For the second violation within a 24-month period, $1,000.

      (c) For the third and any subsequent violation within a 24-month period, $5,000.

      3.  Of the money collected by the Department from fines pursuant to subsection 2:

      (a) Fifty percent must be deposited with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime created by NRS 217.260.

      (b) Fifty percent must be deposited in the Alcoholic Beverage Awareness Program Account, which is hereby created in the State General Fund. The Account must be administered by the Commission. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. The money in the Account must be used solely to reduce the costs for employees to complete programs certified by the Commission pursuant to subsection 3 of section 10 of this act.

      4.  Any law enforcement agency whose officer discovers a violation of this section shall report the violation to the Department.

      5.  The provisions of this section apply only in a jurisdiction that:

      (a) Is located in a county whose population is 100,000 or more; or

      (b) Is located in a county whose population is less than 100,000, if the governing body of the jurisdiction has, by the affirmative vote of a majority of its members, agreed to be bound by the provisions of this section.

      6.  As used in this section:

      (a) “Certified program” means an alcoholic beverage awareness program certified by the Commission pursuant to section 10 of this act.

      (b) “Valid alcohol education card” means a card issued by a certified program which has been obtained or renewed within the immediately preceding 4 years.

      Sec. 10.  1.  The Commission shall, in cooperation with state and local law enforcement agencies, develop a curriculum for an alcoholic beverage awareness program.

      2.  The curriculum described in subsection 1:

      (a) Must consist of not fewer than 2 hours of instruction; and

      (b) Must include, without limitation, instruction on the following topics:

             (1) The clinical effects of alcohol on the human body;

             (2) Methods of identifying intoxicated persons;

             (3) Relevant provisions of state and local laws concerning the selling and serving of alcoholic beverages;

             (4) Methods of preventing and halting fights, acts of affray and other disturbances of the peace; and

             (5) Methods of preventing:

                   (I) The entry of minors into establishments in which minors are prohibited from loitering pursuant to NRS 202.030;

                   (II) The purchase, consumption and possession of alcoholic beverages by minors as prohibited pursuant to NRS 202.020, including, without limitation, the recognition of altered or falsified forms of identification; and

 


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ê2005 Statutes of Nevada, Page 2685 (Chapter 497, SB 457)ê

 

without limitation, the recognition of altered or falsified forms of identification; and

                   (III) The selling and furnishing of alcoholic beverages to minors as prohibited pursuant to NRS 202.055.

      3.  The Administrator of the Commission may certify an alcoholic beverage awareness program if the Administrator determines that:

      (a) The program meets the curricular requirements set forth in subsection 2; and

      (b) The persons who will serve as instructors for the program are competent and qualified to provide instruction in the curriculum of the program.

      4.  An alcoholic beverage awareness program certified by the Commission:

      (a) Must not cost a person more than $40 to complete; and

      (b) May be presented through the use of audiovisual technology. As used in this paragraph, “audiovisual technology” includes, without limitation, the use of closed-circuit video, videoconferencing, videotapes, computers, television, the Internet or any other electronic means of communication, or any combination thereof.

      5.  The Commission shall adopt such regulations:

      (a) As the Commission determines to be necessary or advisable to carry out the provisions of this section; and

      (b) As are necessary to ensure that a person who successfully completes an alcoholic beverage awareness program certified pursuant to subsection 3 receives a card which verifies that the person has successfully completed that program. The regulations must provide additionally that a card described in this paragraph:

             (1) Is valid for a period of 4 years from the date of issuance and may be renewed for like consecutive periods upon successful completion by the holder of the card of an alcoholic beverage awareness program certified by the Commission; and

             (2) Must be honored, in any jurisdiction in which the provisions of section 9 of this act apply, as indicia of the successful completion of an alcoholic beverage awareness program certified by the Commission.

      6.  As used in this section, “minor” means a person who is under 21 years of age.

      Sec. 11.  1.  Except as otherwise provided in subsection 2 and sections 4 to 11, inclusive, of this act, no agency, board, commission, local government or other political subdivision of this State may adopt any requirements or standards for the education of persons employed to sell or serve alcoholic beverages at an establishment.

      2.  The prohibition set forth in subsection 1 does not apply with respect to a jurisdiction in which the provisions of section 9 of this act do not apply.

      Sec. 12.  NRS 369.550 is hereby amended to read as follows:

      369.550  1.  Except as otherwise expressly provided in this chapter, any person violating any of the provisions of this chapter , except section 2 of this act, or knowingly violating any regulation of the Department made for the enforcement of the provisions of this chapter shall be punished, upon conviction thereof, as for a misdemeanor.

      2.  Any person violating any provision of NRS 369.4865 is liable to the Department for a civil penalty of not more than $1,000 for each violation.


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ê2005 Statutes of Nevada, Page 2686 (Chapter 497, SB 457)ê

 

The civil penalty prescribed in this subsection is in addition to any criminal penalty or other remedy or penalty available for the same conduct.

      Sec. 13.  NRS 244.350 is hereby amended to read as follows:

      244.350  1.  The board of county commissioners, and in a county whose population is less than 400,000, the sheriff of that county constitute a liquor board. The liquor board may, without further compensation, grant or refuse liquor licenses, and revoke those licenses whenever there is, in the judgment of a majority of the board, sufficient reason for revocation. The board shall elect a chairman from among its members.

      2.  The liquor board in each of the several counties shall enact ordinances:

      (a) Regulating the sale of intoxicating liquors in their respective counties.

      (b) Fixing the hours of each day during which liquor may be sold or disposed of.

      (c) Prescribing the conditions under which liquor may be sold or disposed of.

      (d) Prohibiting the employment or service of minors in the sale or disposition of liquor.

      (e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, the sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained.

      3.  In a county whose population is 400,000 or more, the liquor board shall refer any petition for a liquor license to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the liquor board at the next regular meeting of the board.

      4.  All liquor dealers within any incorporated city are exempt from the effect of this section, and are to be regulated only by the government of that city.

      5.  The liquor board may deny or refuse to renew the license of a person who has willfully violated the provisions of section 9 of this act more than three times in any 24-month period.

      6.  The liquor board shall not deny a license to a person solely because he is not a citizen of the United States.

      Sec. 14.  NRS 268.090 is hereby amended to read as follows:

      268.090  1.  In addition to any authority or power now provided by the charter of any incorporated city in this State, whether incorporated by general or special act, or otherwise, there is hereby granted to each of the cities incorporated under any law of this State the power and authority to fix, impose and collect a license tax on, and regulate the sale of, beer, wines or other beverages now or hereafter authorized to be sold by act of Congress.

      2.  An incorporated city may deny or refuse to renew the license of a person who has willfully violated the provisions of section 9 of this act more than three times in any 24-month period.

      3.  An incorporated city shall not deny a license to a person solely because he is not a citizen of the United States.

      Sec. 15.  This act becomes effective upon passage and approval.

________

 

 


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ê2005 Statutes of Nevada, Page 2687ê

 

CHAPTER 498, SB 17

Senate Bill No. 17–Senator Wiener

 

CHAPTER 498

 

AN ACT relating to administrative regulations; removing the provision which allows the filing of permanent regulations without a review by the Legislative Commission; making the appointment of a subcommittee to review regulations mandatory; revising the procedure for objecting to an administrative regulation; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 233B.067 is hereby amended to read as follows:

      233B.067  1.  After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the Legislative Counsel for review by the Legislative Commission [, which may refer it to a joint interim committee,] to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the Legislature in granting that authority. The Legislative Counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The Legislative Counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.

      2.  If an agency submits an adopted regulation to the Legislative Counsel pursuant to subsection 1 that:

      (a) The agency is required to adopt pursuant to a federal statute or regulation; and

      (b) Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this State,

Ê it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

      3.  [The] Except as otherwise provided in subsection 4, the Legislative Commission [, or the joint interim committee if the Commission has referred it to such a committee, shall review] shall:

      (a) Review the regulation at its next regularly scheduled meeting if the regulation is received more than [10] 3 working days before the meeting [and a regular meeting is held within 35 days after receipt of the regulation. The Commission may appoint a Committee to Review Regulations composed of three or more members of the Commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.

      4.  The Legislative Commission shall notify the Legislative Counsel of the results of its review within 30 days after receipt of the regulation from the agency.] ; or

      (b) Refer the regulation for review to the subcommittee to review regulations appointed pursuant to subsection 6.

 


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ê2005 Statutes of Nevada, Page 2688 (Chapter 498, SB 17)ê

 

      4.  If an agency determines that an emergency exists which requires a regulation of the agency submitted pursuant to subsection 1 to become effective before the next meeting of the Legislative Commission is scheduled to be held, the agency may notify the Legislative Counsel in writing of the emergency. Upon receipt of such a notice, the Legislative Counsel shall refer the regulation for review by the subcommittee to review regulations. The subcommittee shall meet to review the regulation as soon as practicable.

      5.  If the Legislative Commission , or the subcommittee to review regulations if the regulation was referred, does not object to the regulation, the Legislative Counsel shall promptly file [it] the regulation with the Secretary of State [within 35 days after receipt from the agency] and notify the agency of the filing. If the Commission or subcommittee objects to the regulation after determining that:

      (a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;

      (b) The regulation does not conform to statutory authority; or

      (c) The regulation does not carry out legislative intent,

Ê the Legislative Counsel shall attach to the regulation a written notice of the objection , [of the Commission,] including a statement of the reasons for [its] the objection, and shall promptly return the regulation to the agency.

      6.  As soon as practicable after each regular legislative session, the Legislative Commission shall appoint a subcommittee to review regulations consisting of at least three members of the Legislative Commission.

      Sec. 2.  NRS 233B.0675 is hereby amended to read as follows:

      233B.0675  1.  If the Legislative Commission or the subcommittee to review regulations has objected to a regulation, the agency [may revise it] shall revise the regulation to conform to the statutory authority pursuant to which it was adopted and to carry out the intent of the Legislature in granting that authority and return it to the Legislative Counsel [.] within 60 days after the agency received the written notice of the objection to the regulation pursuant to NRS 233B.067. Upon receipt of the revised regulation, the Legislative Counsel shall resubmit the regulation to the Commission [at its next regularly scheduled meeting. If the Commission does not object] or subcommittee for review. If there is no objection to the revised regulation, the Legislative Counsel shall promptly file the revised regulation with the Secretary of State and notify the agency of the filing.

      2.  If the Legislative Commission or subcommittee objects to the revised regulation, the [agency may] Legislative Counsel shall attach to the revised regulation a written notice of the objection, including a statement of the reasons for the objection, and shall promptly return the revised regulation to the agency. The agency shall continue to revise it and resubmit it to the Commission [.

      3.  If the agency refuses to revise a regulation to which the Legislative Commission has objected, the Commission may suspend the filing of the regulation until the final day of the next regular session of the Legislature. Before the final day of the next regular session the Legislature may, by concurrent resolution or other appropriate legislative measure, declare that the regulation will not become effective. The Legislative Counsel shall thereupon notify the agency that the regulation will not be filed and must not be enforced. If the Legislature has not so declared by the final day of the session, the Legislative Counsel shall promptly file the regulation and notify the agency of the filing.]

 


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ê2005 Statutes of Nevada, Page 2689 (Chapter 498, SB 17)ê

 

the agency of the filing.] or subcommittee within 30 days after the agency received the written notice of the objection to the revised regulation.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 499, SB 20

Senate Bill No. 20–Senator Hardy

 

CHAPTER 499

 

AN ACT relating to local government; increasing the membership of certain county fair and recreation boards; requiring that, contingent on the approval of the registered voters of the City of North Las Vegas at the November 2006 general election, the City Councilmen of the City of North Las Vegas must be voted for and elected only by the registered voters of the ward that the Councilman will represent; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244A.603 is hereby amended to read as follows:

      244A.603  1.  In any county whose population is 400,000 or more, the county fair and recreation board consists of [13] 14 members selected as follows:

      (a) Two members by the board of county commissioners from their own number.

      (b) Two members by the governing body of the [largest] incorporated city with the largest population in the county from their own number.

      (c) One member by the governing body of the [second largest] incorporated city with the second largest population in the county from their own number.

      (d) One member by the governing body of the [third largest] incorporated city with the third largest population in the county from their own number.

      (e) One member by the governing body of the incorporated city with the smallest population in the county from their own number.

      (f) One member by the governing body of one of the other incorporated cities in the county from their own number.

      [(f)] (g) Six members to be appointed by the members selected pursuant to paragraphs (a) to [(e),] (f), inclusive, of which:

             (1) Three members must be selected from a list of nominees submitted by the chamber of commerce of the [largest] incorporated city with the largest population in the county. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members appointed pursuant to this subparagraph must be selected as follows:

                   (I) Two members who are representatives of tourism, at least one of whom must be a representative of the resort hotel business; and

                   (II) One member who is a representative of other commercial interests or interests related to tourism.

 


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ê2005 Statutes of Nevada, Page 2690 (Chapter 499, SB 20)ê

 

             (2) Three members must be selected from a list of nominees submitted by the association of gaming establishments whose membership in the county collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members selected pursuant to this subparagraph must be representatives of the resort hotel business, at least one of whom is engaged in that business in the central business district of the [largest] incorporated city with the largest population in the county.

      2.  [In order to determine which of the incorporated cities in the county is entitled to the representative] If there is more than one incorporated city in the county that is eligible to appoint the member provided in paragraph [(e)] (f) of subsection 1, the board of county commissioners shall [at its first meeting after May 1, 1967, draw lots to determine which city will be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing, until July 1, 1975. Commencing July 1, 1975, the city then entitled to representation on the board is entitled to representation for 2 years, and thereafter each city is entitled to representation for 2 years in its proper turn as determined by the original drawing.] facilitate a biennial rotation of the authority to appoint that member among those cities.

      3.  Any vacancy occurring on a county fair and recreation board must be filled by the authority entitled to appoint the member whose position is vacant.

      4.  After the initial appointments of members appointed pursuant to paragraph [(f)] (g) of subsection 1, all members must be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business must be appointed to fill the unexpired term. Any such member may succeed himself.

      5.  The term of the member appointed pursuant to paragraph (f) of subsection 1 is 2 years, commencing on July 1 of each odd-numbered year.

      6.  The terms of members appointed pursuant to paragraphs (a) to [(d),] (e), inclusive, of subsection 1 are coterminous with their terms of office. Any such member may succeed himself.

      Sec. 2.  Section 1.050 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 215, Statutes of Nevada 1997, at page 747, is hereby amended to read as follows:

      Sec. 1.050  Elective offices.

      1.  The elective officers of the City consist of:

      (a) A Mayor.

      (b) [Four Councilmen.] One Councilman from each ward.

      (c) One or more Municipal Judges, as determined pursuant to section 4.005 of this Charter.

      2.  Such officers must be elected as provided by this Charter.

 


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ê2005 Statutes of Nevada, Page 2691 (Chapter 499, SB 20)ê

 

      Sec. 3.  Section 2.010 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 344, Statutes of Nevada 1999, at page 1413, is hereby amended to read as follows:

      Sec. 2.010  City Council: Qualifications; election; term of office; salary.

      1.  The legislative power of the City is vested in a City Council consisting of four Councilmen and a Mayor.

      2.  The Mayor must be:

      (a) A bona fide resident of the City for at least 6 months immediately preceding his election.

      (b) A qualified elector within the City.

      3.  Each Councilman:

      (a) Must be a qualified elector who has resided in the ward which he represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for his office.

      (b) Must continue to live in the ward he represents, except that changes in ward boundaries made pursuant to section 1.045 of this Charter will not affect the right of any elected Councilman to continue in office for the term for which he was elected.

      4.  At the time of filing, if so required by an ordinance duly enacted, candidates for the office of Mayor and Councilman shall produce evidence in satisfaction of any or all of the qualifications provided in subsection 2 or 3, whichever is applicable.

      5.  [All Councilmen, including the Mayor,] Each Councilman must be voted upon only by the registered voters of the [City at large, and their terms] ward that he seeks to represent, and his term of office [are] is 4 years.

      6.  The Mayor must be voted upon by the registered voters of the City at large, and his term of office is 4 years.

       7.  The Mayor and Councilmen are entitled to receive a salary in an amount fixed by the City Council.

      Sec. 4.  Section 5.010 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 73, Statutes of Nevada 2003, at page 485, is hereby amended to read as follows:

      Sec. 5.010  General municipal elections.

      1.  On the Tuesday after the first Monday in June 1977, and at each successive interval of 4 years thereafter, there [shall] must be elected , [by the qualified voters of the City,] at a general election to be held for that purpose, a Mayor and two Councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.

      2.  On the Tuesday after the first Monday in June 1975, and at each successive interval of 4 years thereafter, there [shall] must be elected , [by the qualified voters of the City,] at a general election to be held for that purpose, two Councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.

      3.  In such a general election:

 


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ê2005 Statutes of Nevada, Page 2692 (Chapter 499, SB 20)ê

 

      (a) A candidate for the office of City Councilman must be elected only by the registered voters of the ward that he seeks to represent.

      (b) Candidates for all other elective offices must be elected by the registered voters of the City at large.

      Sec. 5.  Section 5.020 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 637, Statutes of Nevada 1999, at page 3566, is hereby amended to read as follows:

      Sec. 5.020  Primary municipal elections; declaration of candidacy.

      1.  The City Council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents. The seats for City Councilmen must be designated by the numbers one through four, which numbers must correspond with the wards the candidates for City Councilmen will seek to represent. A candidate for the office of City Councilman shall include in his declaration of candidacy the number of the ward which he seeks to represent. Each candidate for City Council must be designated as a candidate for the City Council seat that corresponds with the ward that he seeks to represent.

      2.  If for any general municipal election there are three or more candidates for the offices of Mayor or Municipal Judge, or for a particular City Council seat, a primary election for any such office must be held on the Tuesday following the first Monday in April preceding the general election. In the primary election:

      (a) A candidate for the office of City Councilman must be voted upon only by the registered voters of the ward that he seeks to represent.

      (b) Candidates for all other elective offices must be voted upon by the registered voters of the City at large.

      3.  Except as otherwise provided in subsection 4, after the primary election, the names of the two candidates for Mayor, Municipal Judge and each City Council seat who receive the highest number of votes must be placed on the ballot for the general election.

      4.  If one of the candidates for Mayor, Municipal Judge or a City Council seat receives a majority of the total votes cast for that office in the primary election, he shall be declared elected to office and his name must not appear on the ballot for the general election.

      Sec. 6.  The City Councilmen of the City of North Las Vegas who are in office on December 1, 2006, shall be deemed to represent only the wards in which they respectively reside for the remainder of their respective terms of office.

      Sec. 7.  The City Council of the City of North Las Vegas shall submit the question of whether the City Councilmen of the City of North Las Vegas must be voted for and elected only by the registered voters of the ward that the Councilman will represent to the registered voters of the City of North Las Vegas at the general election to be held on November 7, 2006.

      Sec. 8.  1.  This section and section 7 of this act become effective upon passage and approval.

      2.  Section 1 of this act becomes effective upon passage and approval for the purpose of appointing the member of the county fair and recreation board pursuant to paragraph (e) of subsection 1 of NRS 244A.603, as amended by this act, and on July 1, 2005, for all other purposes.

 


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ê2005 Statutes of Nevada, Page 2693 (Chapter 499, SB 20)ê

 

board pursuant to paragraph (e) of subsection 1 of NRS 244A.603, as amended by this act, and on July 1, 2005, for all other purposes.

      3.  Sections 2 to 6, inclusive, of this act become effective on December 1, 2006, if the registered voters of the City of North Las Vegas approve the question submitted pursuant to section 7 of this act at the general election held on November 7, 2006.

________

 

CHAPTER 500, SB 68

Senate Bill No. 68–Senator Titus

 

CHAPTER 500

 

AN ACT relating to medical facilities; changing the term “facility for refractive laser surgery” to “facility for refractive surgery” to require licensure of all facilities which provide surgical treatment for refractive errors of the eye; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 449.00387 is hereby amended to read as follows:

      449.00387  “Facility for refractive [laser] surgery” means a freestanding facility that provides limited medical services for the evaluation of patients with refractive errors of the eye and the surgical treatment of those patients . [by photorefractive keratectomy or laser in situ keratomeleusis.]

      Sec. 2.  NRS 449.0151 is hereby amended to read as follows:

      449.0151  “Medical facility” includes:

      1.  A surgical center for ambulatory patients;

      2.  An obstetric center;

      3.  An independent center for emergency medical care;

      4.  An agency to provide nursing in the home;

      5.  A facility for intermediate care;

      6.  A facility for skilled nursing;

      7.  A facility for hospice care;

      8.  A hospital;

      9.  A psychiatric hospital;

      10.  A facility for the treatment of irreversible renal disease;

      11.  A rural clinic;

      12.  A nursing pool;

      13.  A facility for modified medical detoxification;

      14.  A facility for refractive [laser] surgery; and

      15.  A mobile unit.

      Sec. 3.  NRS 449.037 is hereby amended to read as follows:

      449.037  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

 


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ê2005 Statutes of Nevada, Page 2694 (Chapter 500, SB 68)ê

 

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Regulations establishing a procedure for the indemnification by the Health Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive [laser] surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.

      2.  The Board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease.

      3.  The Board shall adopt separate regulations for:

      (a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      (b) The licensure of facilities for refractive [laser] surgery which take into consideration the unique factors of operating such a facility.

      (c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

      4.  The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  The Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

             (1) Addresses possession and assistance in the administration of the medication; and

             (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) The prescribed medication is not administered by injection or intravenously.

 


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ê2005 Statutes of Nevada, Page 2695 (Chapter 500, SB 68)ê

 

      (e) The employee has successfully completed training and examination approved by the Health Division regarding the authorized manner of assistance.

      7.  The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The regulations must prohibit a residential facility for groups from claiming that it provides “assisted living services” unless:

      (a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

      (b) The residents of the facility reside in their own living units which:

             (1) Contain toilet facilities and a sleeping area or bedroom; and

             (2) Are shared with another occupant only upon consent of both occupants.

      (c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

             (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

             (2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

             (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and his personal choice of lifestyle;

             (4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his own life;

             (5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

             (6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

             (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

      8.  The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

      (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

      (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

      (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

 


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      (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

      Sec. 4.  NRS 449.068 is hereby amended to read as follows:

      449.068  1.  Except as otherwise provided in NRS 449.069, each facility for refractive [laser] surgery shall, when applying for a license or renewing a license, file with the Administrator of the Health Division a surety bond:

      (a) If the facility employs less than 7 employees, in the amount of $10,000;

      (b) If the facility employs at least 7 but not more than 25 employees, in the amount of $50,000; or

      (c) If the facility employs more than 25 employees, in the amount of $100,000.

      2.  A bond filed pursuant to this section must be executed by the facility as principal and by a surety company as surety. The bond must be payable to the Health Division and must be conditioned to provide indemnification to a patient of the facility who the Administrator of the Health Division or his designee determines has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

      3.  Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

      4.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the Health Division, but the release does not discharge or otherwise affect any claim filed by a patient for any damages sustained as a result of the bankruptcy of or any breach of contract by the facility while the bond was in effect.

      5.  The license of a facility for refractive [laser] surgery is suspended by operation of law when the facility is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449.069. The Administrator of the Health Division shall give the facility at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond is filed or substitute for the surety bond is deposited in the same manner and amount as the bond or substitute being terminated.

      Sec. 5.  NRS 449.069 is hereby amended to read as follows:

      449.069  1.  As a substitute for the surety bond required pursuant to NRS 449.068, a facility for refractive [laser] surgery may deposit with any bank or trust company authorized to do business in this State, upon approval of the Administrator of the Health Division:

      (a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this State;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

      (c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State, in an aggregate amount, based upon principal amount or market value, whichever is lower.

 


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      2.  The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond required by NRS 449.068. With the approval of the Administrator of the Health Division, the facility may substitute other suitable obligations for those deposited, which must be assigned to the Health Division and are negotiable only upon approval of the Administrator of the Health Division.

      3.  Any interest or dividends earned on the deposit accrue to the account of the facility.

      4.  The deposit must be an amount at least equal to the surety bond required by NRS 449.068 and must state that the amount may not be withdrawn except by the direct and sole order of the Administrator of the Health Division.

      Sec. 6.  This act becomes effective upon passage and approval for the purposes of adopting regulations and on October 1, 2005, for all other purposes.

________

 

CHAPTER 501, SB 163

Senate Bill No. 163–Senator Carlton

 

CHAPTER 501

 

AN ACT relating to occupations; prohibiting certain regulatory bodies which administer occupational licensing from holding a meeting outside this State under certain circumstances; requiring such regulatory bodies to indicate in their notices under the Open Meeting Law whether a meeting will be conducted by an audio or video teleconference at one or more locations; requiring a licensee who is involved in disciplinary proceedings to submit his fingerprints to the regulatory body to obtain a report of his criminal history; permitting a regulatory body to take disciplinary action against such a licensee under certain circumstances; extending the date on which certain provisions relating to occupational licensing expire by limitation; requiring a registered pharmacist, upon request by a patient, to transfer a prescription for the patient to another registered pharmacist; making technical revisions to certain provisions relating to occupational licensing; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 622 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  A regulatory body shall not hold a meeting at a location that is outside this State if:

      (a) The meeting is subject to the provisions of chapter 241 of NRS; and

      (b) During the meeting or any portion of the meeting, the regulatory body conducts any business relating to this title.

 


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      2.  The provisions of subsection 1 do not prohibit a member of a regulatory body from attending an educational seminar, retreat for professional development or similar activity that is conducted outside this State.

      Sec. 3.  1.  Except as otherwise provided in NRS 622.330, notice of a meeting of a regulatory body, as required pursuant to NRS 241.020, must indicate whether the meeting will be conducted by an audio or video teleconference at one or more locations.

      2.  If a regulatory body conducts a meeting by an audio or video teleconference at a location specified in the notice pursuant to subsection 1, the regulatory body shall allow any person present at that location to participate in the meeting.

      3.  The provisions of this section do not prohibit a regulatory body from holding a closed meeting or preventing a person from participating in a meeting in accordance with chapter 241 of NRS.

      Sec. 4.  1.  If a regulatory body initiates disciplinary proceedings against a licensee pursuant to this title, the licensee shall, within 30 days after the licensee receives notification of the initiation of the disciplinary proceedings, submit to the regulatory body a complete set of his fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      2.  The willful failure of the licensee to comply with the requirements of subsection 1 constitutes an additional ground for the regulatory body to take disciplinary action against the licensee, including, without limitation, suspending or revoking the license of the licensee.

      3.  A regulatory body has an additional ground for taking disciplinary action against the licensee if:

      (a) The report from the Federal Bureau of Investigation indicates that the licensee has been convicted of an unlawful act that is a ground for taking disciplinary action against the licensee pursuant to this title; and

      (b) The regulatory body has not taken any prior disciplinary action against the licensee based on that unlawful act.

      4.  To the extent possible, the provisions of this section are intended to supplement other statutory provisions governing disciplinary proceedings. If there is a conflict between such other provisions and the provisions of this section, the other provisions control to the extent that the other provisions provide more specific requirements regarding the discipline of a licensee.

      Sec. 5.  NRS 623.192 is hereby amended to read as follows:

      623.192  1.  An applicant for a certificate of registration to practice as a registered interior designer must be of good moral character and submit to the Board:

      (a) An application on a form provided by the Board;

      (b) The fees required pursuant to NRS 623.310;

      (c) [The statement required pursuant to NRS 623.225;

      (d)] Proof which is satisfactory to the Board that he has:

             (1) At least 2 years of experience in interior design; and

             (2) Successfully completed a program of interior design accredited by the Foundation for Interior Design Education Research or a substantially equivalent program approved by the Board; [and

 


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ê2005 Statutes of Nevada, Page 2699 (Chapter 501, SB 163)ê

 

      (e)] (d) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization [.] ; and

      (e) All information required to complete the application.

      2.  The Board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience required pursuant to the provisions of subsection 1 as those standards exist on the date of the adoption of the regulation.

      3.  Before being issued a certificate of registration to practice as a registered interior designer, each applicant must personally appear before the Board to take an oath prescribed by the Board.

      4.  Any application submitted to the Board may be denied for any violation of the provisions of this chapter.

      Sec. 6.  NRS 623.200 is hereby amended to read as follows:

      623.200  1.  Upon complying with the requirements set forth in NRS 623.190 , [and 623.225,] and before receiving a certificate or being registered as an architect, the applicant must pass an examination adopted or otherwise prescribed by the Board, unless the applicant has applied for the certificate and registration without examination as provided in this chapter.

      2.  Upon complying with the applicable requirements of this chapter and passing the examination, an applicant is entitled to be registered as a residential designer and receive a certificate of registration. A person may not be simultaneously registered as an architect and residential designer.

      3.  Upon complying with the requirements set forth in NRS 623.192 , [and 623.225,] and before receiving a certificate or being registered as a registered interior designer, the applicant must pass an examination in such technical and professional courses as may be established by the Board.

      4.  The Board shall give or provide for examinations at least once each year, unless no applications for examinations are pending with the Board.

      Sec. 7.  NRS 623.215 is hereby amended to read as follows:

      623.215  The Board may accept satisfactory evidence of registration as an interior designer in another jurisdiction where the qualifications required are equal to those required in paragraphs (c) and (d) [and (e)] of subsection 1 of NRS 623.192 at the date of application. Before the Board may accept that evidence, the applicant must pass the examination required pursuant to the provisions of subsection 3 of NRS 623.200.

      Sec. 8.  NRS 623.220 is hereby amended to read as follows:

      623.220  1.  The Board shall issue a certificate of registration as an architect or a residential designer, upon payment of a registration fee pursuant to the provisions of subsection 2 of NRS 623.180 or NRS 623.310, to any applicant who [complies] :

      (a) Complies with the provisions of NRS 623.190 [and 623.225] and passes the examinations, or in lieu thereof, brings himself within the provisions of NRS 623.210 [.] ; and

      (b) Submits all information required to complete an application for a certificate of registration.

      2.  The Board shall issue a certificate of registration to practice as a registered interior designer, upon payment of a registration fee pursuant to the provisions of NRS 623.180 or 623.310, to any applicant who [complies] :

      (a) Complies with the provisions of NRS 623.192 [, 623.200 and 623.225,] and 623.200, or in lieu thereof, brings himself within the provisions of NRS 623.215 [.] ; and

 


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ê2005 Statutes of Nevada, Page 2700 (Chapter 501, SB 163)ê

 

      (b) Submits all information required to complete an application for a certificate of registration.

      3.  Certificates of registration must include the full name of the registrant, have a serial number and be signed by the Chairman and the Secretary of the Board under seal of the Board. The issuance of a certificate of registration by the Board is evidence that the person named therein is entitled to all the rights and privileges of an architect, registered interior designer or residential designer while the certificate remains unsuspended, unrevoked and unexpired.

      Sec. 9.  NRS 623.225 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer shall submit to the Board 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.

      2.  The Board 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 certificate of registration; or

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration may not be issued or renewed by the Board 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 Board 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. 10.  NRS 623.225 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer shall submit to the Board the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520.

 


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ê2005 Statutes of Nevada, Page 2701 (Chapter 501, SB 163)ê

 

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.

      2.  The Board 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 certificate of registration; or

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration may not be issued or renewed by the Board 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 Board 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. 11.  NRS 623.250 is hereby amended to read as follows:

      623.250  1.  Each architect, registered interior designer or residential designer who wishes to renew a certificate of registration issued to him pursuant to the provisions of this chapter must submit to the Board:

      (a) The fees required for renewal pursuant to the provisions of this chapter;

      (b) Proof of compliance with all of the requirements established by the Board for continuing education for the renewal of the certificate of registration; and

      (c) [The statement required pursuant to the provisions of NRS 623.225.] All information required to complete the renewal.

      2.  Upon receipt of the fees required for renewal, proof satisfactory to the Board of compliance with all of the requirements established by the Board for continuing education and [the statement,] all information required to complete the renewal, the Secretary of the Board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration is renewed for 1 year after its date of expiration. The certificate renewal card must bear a serial number and the signature or a facsimile thereof of the Secretary of the Board or the Executive Director and must bear the seal of the Board.

      3.  The renewal must be recorded, together with its serial number, by the Secretary of the Board in the official register of the Board pursuant to the provisions of NRS 623.230.

      Sec. 12.  NRS 623A.170 is hereby amended to read as follows:

      623A.170  1.  Any person who:

      (a) Is at least 21 years of age;

      (b) Is of good moral character;

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

 


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ê2005 Statutes of Nevada, Page 2702 (Chapter 501, SB 163)ê

 

      (d) Has satisfied the requirements for education and experience in landscape architecture, in any combination deemed suitable by the Board,

Ê may submit an application for a certificate of registration to the Board upon a form and in a manner prescribed by the Board. The application must [include the social security number of the applicant and] be accompanied by the application fee prescribed by the Board pursuant to the provisions of NRS 623A.240 [.] and all information required to complete the application.

      2.  Each year of study, not exceeding 5 years of study, satisfactorily completed in a program of landscape architecture accredited by the Landscape Architectural Accrediting Board or a similar national board approved by the Board, or a program of landscape architecture in this State approved by the Board, is considered equivalent to 1 year of experience in landscape architectural work for the purpose of registration as a landscape architect.

      3.  The Board shall, by regulation, establish standards for examinations which may be consistent with standards employed by other states. The Board may adopt the standards of a national association of registered boards approved by the Board, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations may include tests in such technical, professional and ethical subjects as are prescribed by the Board.

      4.  If the Board administers or causes to be administered an examination during:

      (a) June of any year, an application to take that examination must be postmarked not later than March 1 of that year; or

      (b) December of any year, an application to take that examination must be postmarked not later than September 1 of that year.

      Sec. 13.  NRS 623A.180 is hereby amended to read as follows:

      623A.180  1.  The Board shall approve or disapprove each application. Except as otherwise provided in subsection 4, the Board shall approve the application if the Board is satisfied that [the] :

      (a) The information set forth in the application is true [, and that the] ;

      (b) The applicant is qualified to take the examination [, has submitted the statement required pursuant to the provisions of NRS 623A.185 and] ;

      (c) The applicant has paid the examination fee [, it shall approve] ; and

      (d) The applicant has submitted all information required to complete the application.

      2.  If the Board approves an application, the Executive Director shall promptly notify the applicant in writing of the approval and of the time and place of the examination, if required.

      3.  If the Board disapproves an application, the Executive Director shall promptly notify the applicant of the disapproval, stating the reasons therefor.

      4.  The Board may disapprove an application for any violation of the provisions of this chapter.

      Sec. 14.  NRS 623A.185 is hereby amended to read as follows:

      623A.185  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a certificate of registration or certificate to practice as a landscape architect intern shall include the social security number of the applicant in the application submitted to the Board.

 


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ê2005 Statutes of Nevada, Page 2703 (Chapter 501, SB 163)ê

 

      (b) An applicant for the issuance or renewal of a certificate of registration or certificate to practice as a landscape architect intern shall submit to the Board the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to the provisions of NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to the provisions of subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate of registration or certificate to practice as a landscape architect intern; or

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration or certificate to practice as a landscape architect intern may not be issued or renewed by the Board if the applicant:

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

      (b) Indicates on the statement submitted pursuant to the provisions of 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 Board 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. 15.  NRS 623A.185 is hereby amended to read as follows:

      623A.185  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a certificate of registration or certificate to practice as a landscape architect intern shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a certificate of registration or certificate to practice as a landscape architect intern shall submit to the Board the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to the provisions of NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to the provisions of subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate of registration or certificate to practice as a landscape architect intern; or

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration or certificate to practice as a landscape architect intern may not be issued or renewed by the Board if the applicant:

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

      (b) Indicates on the statement submitted pursuant to the provisions of 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.

 


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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 Board 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. 16.  NRS 623A.200 is hereby amended to read as follows:

      623A.200  1.  Each certificate of registration expires on June 30 next following the date of issuance.

      2.  A certificate of registration may be renewed for 1 year from each succeeding July 1, upon submission of:

      (a) [The statement required pursuant to the provisions of NRS 623A.185;

      (b)] The annual renewal fee prescribed by the Board pursuant to the provisions of NRS 623A.240; [and

      (c)] (b) Proof of compliance with the requirements established by the Board for continuing education for the renewal of the certificate of registration [.] ; and

      (c) All information required to complete the renewal.

      3.  A certificate of registration that has expired through failure to be renewed may be renewed at any time within 1 year after the date of its expiration upon application to and with the approval of the Board and upon payment of the annual renewal fee and the delinquency fee prescribed by the Board pursuant to the provisions of NRS 623A.240.

      4.  A certificate of registration that has expired for failure to be renewed within 1 year after the date of its expiration may be reinstated by the Board without examination within 3 years after the date the certificate of registration expires upon application to and with the approval of the Board and upon payment of:

      (a) The annual renewal fee for each year, or part thereof, the certificate of registration is not renewed;

      (b) The delinquency fee; and

      (c) The reinstatement fee.

      5.  If a holder of a certificate of registration submits to the Board [a statement,] the annual renewal fee , [and] proof and information required pursuant to the provisions of subsection 2, or if the Board approves the renewal or reinstatement of a certificate of registration pursuant to the provisions of subsection 3 or 4, the Executive Director of the Board shall, upon receipt of the [statement,] applicable fees , [and] proof and information or upon receipt of the approval of the Board, issue a renewal card to the applicant, indicating that his certificate of registration is renewed for 1 year. The renewal card must bear the seal of the Board and include:

      (a) The number of the certificate of registration; and

      (b) The signature of the President or Executive Director of the Board or a facsimile of that signature.

      6.  The renewal of a certificate of registration and the number of the certificate of registration must be recorded by the Executive Director of the Board in accordance with the provisions of NRS 623A.135.

 


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ê2005 Statutes of Nevada, Page 2705 (Chapter 501, SB 163)ê

 

      7.  The unauthorized use or display of a certificate of registration or renewal card for that certificate of registration, or the seal of a holder of a certificate of registration, is unlawful.

      Sec. 17.  NRS 623A.263 is hereby amended to read as follows:

      623A.263  1.  Any person who:

      (a) Is at least 21 years of age;

      (b) Is of good moral character;

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

      (d) Has graduated from a school approved by the Board or has completed at least 4 years of work experience in the practice of landscape architecture in accordance with regulations adopted by the Board,

Ê may submit an application to the Board for a certificate to practice as a landscape architect intern.

      2.  The application must be submitted on a form furnished by the Board and include:

      (a) [The statement required by NRS 623A.185;

      (b) The social security number of the applicant; and

      (c)] The applicable fees prescribed by the Board pursuant to the provisions of NRS 623A.240 [.] ; and

      (b) All information required to complete the application.

      Sec. 18.  NRS 624.250 is hereby amended to read as follows:

      624.250  1.  To obtain or renew a license, an applicant must submit to the Board an application in writing containing:

      (a) The statement that the applicant desires the issuance of a license under the terms of this chapter.

      (b) The street address or other physical location of the applicant’s place of business.

      (c) The name of a person physically located in this State for service of process on the applicant.

      (d) The street address or other physical location in this State and, if different, the mailing address, for service of process on the applicant.

      (e) The names and physical and mailing addresses of any owners, partners, officers, directors, members and managerial personnel of the applicant.

      (f) Any information requested by the Board to ascertain the background, financial responsibility, experience, knowledge and qualifications of the applicant.

      (g) All information required to complete the application.

      2.  The application must be:

      (a) Made on a form prescribed by the Board in accordance with the rules and regulations adopted by the Board.

      (b) Accompanied by the fee fixed by this chapter.

      3.  The Board shall include on an application form for the issuance or renewal of a license, a method for allowing an applicant to make a monetary contribution to the Construction Education Account created pursuant to NRS 624.580. The application form must state in a clear and conspicuous manner that a contribution to the Construction Education Account is voluntary and is in addition to any fees required for licensure. If the Board receives a contribution from an applicant, the Board shall deposit the contribution with the State Treasurer for credit to the Construction Education Account.

 


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      [4.  If the applicant is a natural person, the application must include the social security number of the applicant.]

      Sec. 19.  NRS 624.268 is hereby amended to read as follows:

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

      (a) A natural person who applies for the issuance of a contractor’s license shall include the social security number of the applicant in the application submitted to the Board.

      (b) A natural person who applies for the issuance or renewal of a contractor’s license shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A contractor’s license may not be issued or renewed by the Board 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 Board 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. 20.  NRS 624.268 is hereby amended to read as follows:

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

      (a) A natural person who applies for the issuance of a contractor’s license shall include the social security number of the applicant in the application submitted to the Board.

      (b) A] , a natural person who applies for the issuance or renewal of a contractor’s license shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A contractor’s license may not be issued or renewed by the Board 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.

 


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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 Board 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. 21.  NRS 624.283 is hereby amended to read as follows:

      624.283  1.  Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the Board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

      2.  A license may be renewed by submitting to the Board:

      (a) An application for renewal;

      (b) [The statement required pursuant to NRS 624.268 if the holder of the license is a natural person;

      (c)] The fee for renewal fixed by the Board; [and

      (d)] (c) Any assessment required pursuant to NRS 624.470 if the holder of the license is a residential contractor as defined in NRS 624.450 [.] ; and

      (d) All information required to complete the renewal.

      3.  The Board may require a licensee to demonstrate his financial responsibility at any time through the submission of:

      (a) A financial statement that is prepared by an independent certified public accountant; and

      (b) If the licensee performs residential construction, such additional documentation as the Board deems appropriate.

      4.  If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the Board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the Board shall require him to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. [If the licensee is a natural person, his] An application for renewal must be accompanied by [the statement required pursuant to NRS 624.268.] all information required to complete the renewal. A license which is not reinstated within 6 months after it is automatically suspended may be cancelled by the Board, and a new license may be issued only upon application for an original contractor’s license.

      Sec. 22.  NRS 625.387 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern shall include the social security number of the applicant in the application submitted to the Board.

 


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      (b) An applicant for the issuance or renewal of a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern shall submit to the Board 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.

      2.  The Board 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license as a professional engineer or a professional land surveyor or a certificate as an engineer intern or land surveyor intern may not be issued or renewed by the Board 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 Board 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. 23.  NRS 625.387 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern shall submit to the Board 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.

      2.  The Board 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license as a professional engineer or a professional land surveyor or a certificate as an engineer intern or land surveyor intern may not be issued or renewed by the Board 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.

 


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ê2005 Statutes of Nevada, Page 2709 (Chapter 501, SB 163)ê

 

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 Board 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. 24.  NRS 625.390 is hereby amended to read as follows:

      625.390  1.  An applicant for licensure as a professional engineer or professional land surveyor or for certification as an engineer intern or land surveyor intern must:

      (a) Complete a form furnished and prescribed by the Board;

      (b) Answer all questions on the form under oath;

      (c) Provide a detailed summary of his technical training and education;

      (d) Pay the fee established by the Board; and

      (e) Submit [the statement required pursuant to NRS 625.387.

      2.  The applicant must include his social security number on the form furnished and prescribed by the Board pursuant to subsection 1.

      3.] all information required to complete an application for licensure or certification.

      2.  Unless the requirement is waived by the Board, an applicant for licensure must provide the names of not less than four references who have knowledge of the background, character and technical competence of the applicant. None of the persons named as references may be members of the Board. If the applicant is:

      (a) Applying for licensure as a professional engineer, the persons named as references must be professional engineers licensed in this State or any other state, three of whom must be licensed in the same discipline of engineering for which the applicant is applying for licensure.

      (b) Applying for licensure as a professional land surveyor, the persons named as references must be professional land surveyors licensed in this State or any other state.

      [4.] 3.  The Board shall, by regulation, establish the fee for licensure as a professional engineer and professional land surveyor in an amount not to exceed $200. The fee is nonrefundable and must accompany the application.

      [5.] 4.  The Board shall charge and collect from each applicant for certification as an engineer intern or land surveyor intern a fee fixed by the Board of not more than $100, which includes the cost of examination and the issuance of a certificate.

      [6.] 5.  A nonresident applying for licensure as a professional engineer or professional land surveyor is subject to the same fees as a resident.

      [7.] 6.  An applicant must furnish proof that he is a citizen of the United States or that he is lawfully entitled to remain and work in the United States.

      [8.] 7.  The Board shall require the biennial renewal of each license of a professional engineer or professional land surveyor and collect a fee for renewal of not more than $100, prescribed by regulation of the Board, except that the Board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.

      [9.] 8.  An applicant for the renewal of his license must submit with his fee for renewal [the statement required pursuant to NRS 625.387.

 


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ê2005 Statutes of Nevada, Page 2710 (Chapter 501, SB 163)ê

 

      10.] all information required to complete the renewal.

      9.  In addition to the fee for renewal, the Board shall require a holder of an expired license to pay, as a condition of renewal, a penalty in an amount established by regulation of the Board.

      Sec. 25.  NRS 625.395 is hereby amended to read as follows:

      625.395  Each licensee must renew his license and pay the fee for renewal. Any licensee who fails to renew his license may do so within 6 months after the date of its expiration, upon application to and with the approval of the Board, [and upon submission of the statement required pursuant to NRS 625.387 and] payment of all required fees and penalties [.] , and submission of all information required to complete the renewal. The Board may extend the time for renewal of the expired license.

      Sec. 26.  NRS 625A.100 is hereby amended to read as follows:

      625A.100  1.  An applicant for registration as an environmental health specialist must submit to the Board, through its Secretary:

      (a) A completed application on a form prescribed and furnished by the Board;

      (b) The required fee; [and]

      (c) Proof of his educational qualifications, practical training and experience [.

      2.  The application must include the social security number of the applicant.

      3.] ; and

      (d) All information required to complete the application.

      2.  The fee is not refundable.

      Sec. 27.  NRS 625A.105 is hereby amended to read as follows:

      625A.105  1.  [An] In addition to any other requirements set forth in this chapter, an applicant for the issuance of a certificate of registration as an environmental health specialist shall [submit] :

      (a) Include the social security number of the applicant in the application submitted to the Board.

      (b) Submit to the Board annually, through its Secretary, 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.

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

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

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration as an environmental health specialist may not be issued by the Board 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 Board 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.

 


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ê2005 Statutes of Nevada, Page 2711 (Chapter 501, SB 163)ê

 

owed pursuant to the order, the Board 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. 28.  NRS 625A.105 is hereby amended to read as follows:

      625A.105  1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance of a certificate of registration as an environmental health specialist shall [:

      (a) Include the social security number of the applicant in the application submitted to the Board.

      (b) Submit] submit to the Board annually, through its Secretary, 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.

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

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

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration as an environmental health specialist may not be issued by the Board 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 Board 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. 29.  NRS 625A.130 is hereby amended to read as follows:

      625A.130  1.  Each applicant for registration as an environmental health specialist must pay a fee set by the Board not to exceed $250.

      2.  Each applicant who fails an examination and who desires to be reexamined must pay a fee set by the Board not to exceed $200 for each reexamination.

      3.  Each registered environmental health specialist must pay to the Secretary of the Board on or before the date fixed by the Board an annual fee for registration to be set by the Board not to exceed $100. The annual fee for registration must be collected for the year in which an environmental health specialist is initially registered.

      4.  The certificate of any environmental health specialist who fails to [submit the statement required pursuant to NRS 625A.105 or] pay the annual fee for registration within 60 days after it is due or submit all information required to complete the annual registration is automatically suspended. The Board must notify the environmental health specialist that his certificate has been suspended pursuant to this subsection. It may be reinstated pursuant to regulations adopted by the Board.

 


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ê2005 Statutes of Nevada, Page 2712 (Chapter 501, SB 163)ê

 

      Sec. 30.  NRS 628.0345 is hereby amended to read as follows:

      628.0345  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380 shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380 shall submit to the Board 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.

      2.  The Board 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 certificate, registration, license or permit; or

      (b) A separate form prescribed by the Board.

      3.  A certificate, registration, license or permit described in subsection 1 may not be issued or renewed by the Board 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 Board 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. 31.  NRS 628.0345 is hereby amended to read as follows:

      628.0345  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380 shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380 shall submit to the Board 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.

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

 


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ê2005 Statutes of Nevada, Page 2713 (Chapter 501, SB 163)ê

 

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

      (b) A separate form prescribed by the Board.

      3.  A certificate, registration, license or permit described in subsection 1 may not be issued or renewed by the Board 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 Board 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. 32.  NRS 630.165 is hereby amended to read as follows:

      630.165  1.  Except as otherwise provided in subsection 2, an applicant for a license to practice medicine must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

      (a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

      (b) The information contained in the application and any accompanying material is complete and correct.

      2.  An applicant for a license by endorsement to practice medicine pursuant to NRS 630.1605 must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

      (a) The applicant is the person named in the license to practice medicine issued by the District of Columbia or any state or territory of the United States and that the license was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

      (b) The information contained in the application and any accompanying material is complete and correct.

      3.  An application submitted pursuant to subsection 1 or 2 must include [the social security number of the applicant.] all information required to complete the application.

      4.  In addition to the other requirements for licensure, the Board may require such further evidence of the mental, physical, medical or other qualifications of the applicant as it considers necessary.

      5.  The applicant bears the burden of proving and documenting his qualifications for licensure.

      Sec. 33.  NRS 630.197 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice medicine, to practice as a physician assistant or to practice as a practitioner of respiratory care shall include the social security number of the applicant in the application submitted to the Board.

 


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ê2005 Statutes of Nevada, Page 2714 (Chapter 501, SB 163)ê

 

      (b) An applicant for the issuance or renewal of a license to practice medicine, to practice as a physician assistant or to practice as a practitioner of respiratory care shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice medicine, to practice as a physician assistant or to practice as a practitioner of respiratory care may not be issued or renewed by the Board 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 Board 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. 34.  NRS 630.197 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice medicine, to practice as a physician assistant or to practice as a practitioner of respiratory care shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license to practice medicine, to practice as a physician assistant or to practice as a practitioner of respiratory care shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice medicine, to practice as a physician assistant or to practice as a practitioner of respiratory care may not be issued or renewed by the Board 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.

 


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ê2005 Statutes of Nevada, Page 2715 (Chapter 501, SB 163)ê

 

      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 Board 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. 35.  NRS 630.267 is hereby amended to read as follows:

      630.267  1.  Each holder of a license to practice medicine must, on or before July 1 of each alternate year:

      (a) [Submit the statement required pursuant to NRS 630.197;

      (b)] Submit a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him during the previous 2 years . [; and

      (c)] (b) Pay to the Secretary-Treasurer of the Board the applicable fee for biennial registration. This fee must be collected for the period for which a physician is licensed.

      (c) Submit all information required to complete the biennial registration.

      2.  When a holder of a license fails to pay the fee for biennial registration and submit [the statement required pursuant to NRS 630.197] all information required to complete the biennial registration after they become due, his license to practice medicine in this State is automatically suspended. The holder may, within 2 years after the date his license is suspended, upon payment of twice the amount of the current fee for biennial registration to the Secretary-Treasurer and submission of [the statement required pursuant to NRS 630.197] all information required to complete the biennial registration and after he is found to be in good standing and qualified under the provisions of this chapter, be reinstated to practice.

      3.  The Board shall make such reasonable attempts as are practicable to notify a licensee:

      (a) At least once that his fee for biennial registration and [the statement required pursuant to NRS 630.197] all information required to complete the biennial registration are due; and

      (b) That his license is suspended.

Ê A copy of this notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

      Sec. 36.  NRS 630.273 is hereby amended to read as follows:

      630.273  The Board may issue a license to an applicant who is qualified under the regulations of the Board to perform medical services under the supervision of a supervising physician. The application for a license as a physician assistant must include [the social security number of the applicant.] all information required to complete the application.

      Sec. 37.  NRS 630A.246 is hereby amended to read as follows:

      630A.246  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant shall include the social security number of the applicant in the application submitted to the Board.

 


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ê2005 Statutes of Nevada, Page 2716 (Chapter 501, SB 163)ê

 

      (b) An applicant for the issuance or renewal of a license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant shall submit to the Board 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.

      2.  The Board 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant may not be issued or renewed by the Board 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 Board 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. 38.  NRS 630A.246 is hereby amended to read as follows:

      630A.246  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant shall submit to the Board 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.

      2.  The Board 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license to practice homeopathic medicine, a certificate as an advanced practitioner of homeopathy or a certificate as a homeopathic assistant may not be issued or renewed by the Board 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.

 


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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 Board 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. 39.  NRS 630A.325 is hereby amended to read as follows:

      630A.325  1.  To renew a license other than a temporary, special or limited license issued pursuant to this chapter, each person must, on or before January 1 of each year:

      (a) Apply to the Board for renewal;

      (b) [Submit the statement required pursuant to NRS 630A.246;

      (c)] Pay the annual fee for renewal set by the Board; [and

      (d)] (c) Submit evidence to the Board of his completion of the requirements for continuing education [.] ; and

      (d) Submit all information required to complete the renewal.

      2.  The Board shall, as a prerequisite for the renewal or restoration of a license other than a temporary, special or limited license, require each holder of a license to comply with the requirements for continuing education adopted by the Board.

      3.  Any holder who fails to pay the annual fee for renewal and submit [the statement required pursuant to NRS 630A.246] all information required to complete the renewal after they become due must be given a period of 60 days in which to pay the fee and submit [the statement,] all required information and, failing to do so, automatically forfeits his right to practice homeopathic medicine, and his license to practice homeopathic medicine in this State is automatically suspended. The holder may, within 2 years after the date his license is suspended, apply for the restoration of his license.

      4.  The Board shall notify any holder whose license is automatically suspended pursuant to subsection 3 and send a copy of the notice to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

      Sec. 40.  NRS 631.220 is hereby amended to read as follows:

      631.220  1.  Every applicant for a license to practice dental hygiene or dentistry, or any of its special branches, shall:

      (a) File an application with the Board 45 days before the date on which the examination is to be given.

      (b) Accompany the application with a recent photograph of himself together with the required examination fee and such other documentation as the Board may require by regulation.

      (c) Submit with the application a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      2.  An application must include [the social security number of the applicant.] all information required to complete the application.

      Sec. 41.  NRS 631.225 is hereby amended to read as follows:

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

 


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      (a) An applicant for the issuance of a license to practice dentistry or dental hygiene shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to practice dentistry or dental hygiene shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice dentistry or dental hygiene may not be issued or renewed by the Board 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 Board 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. 42.  NRS 631.225 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice dentistry or dental hygiene shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license to practice dentistry or dental hygiene shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice dentistry or dental hygiene may not be issued or renewed by the Board 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 Board 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.

 


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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 Board 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. 43.  NRS 631.255 is hereby amended to read as follows:

      631.255  1.  The Board may, without a clinical demonstration required by NRS 631.240, issue a specialist’s license to a person who:

      (a) Presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association;

      (b) Has an active license to practice dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (c) Is a specialist as identified by the Board;

      (d) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240; and

      (e) Submits [the statement required by NRS 631.225.] all information required to complete an application for a license.

      2.  The Board shall not issue a specialist’s license to a person:

      (a) Whose license to practice dentistry has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry; or

      (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  A person to whom a specialist’s license is issued pursuant to this section shall limit his practice to the specialty.

      5.  The Board shall revoke a specialist’s license at any time upon proof satisfactory to the Board that the holder of the license violated any provision of this section or the regulations of the Board.

      Sec. 44.  NRS 631.272 is hereby amended to read as follows:

      631.272  1.  The Board shall, without a clinical demonstration required by NRS 631.240, issue a temporary license to practice dentistry to a person who:

      (a) Has a license to practice dentistry issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Has practiced dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia, for a minimum of 5 years;

      (c) Has not had his license to practice dentistry revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (d) Has not been refused a license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

      (e) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

      (f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240; and

 


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      (g) Submits [the statement required by NRS 631.225.] all information required to complete an application for a license.

      2.  A person to whom a temporary license is issued pursuant to subsection 1 may:

      (a) Practice dentistry for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dentistry without a clinical demonstration required by NRS 631.240 if:

             (1) The person has held a temporary license to practice dentistry pursuant to subsection 1 for a minimum of 2 years; and

            (2) The person has not been involved in any disciplinary action during the time he has held a temporary license pursuant to subsection 1.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      Sec. 45.  NRS 631.273 is hereby amended to read as follows:

      631.273  1.  The Board shall, without a practical examination required by NRS 631.300, issue a temporary license to practice dental hygiene to a person who:

      (a) Has a license to practice dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Satisfies the requirements of NRS 631.290;

      (c) Has practiced dental hygiene pursuant to the laws of another state or territory of the United States, or the District of Columbia, for at least 5 years immediately preceding the date that he applies for a temporary license;

      (d) Has not had his license to practice dental hygiene revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (e) Has not been denied a license to practice dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (f) Is not involved in or does not have pending a disciplinary action concerning his license to practice dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (g) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.300; and

      (h) Submits [the statement required by NRS 631.225.] all information required to complete an application for a license.

      2.  A person to whom a temporary license is issued pursuant to this section may:

      (a) Practice dental hygiene for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dental hygiene without a practical examination required by NRS 631.300 if:

             (1) The person has held a temporary license to practice dental hygiene issued pursuant to this section for at least 2 years; and

             (2) The person has not been involved in any disciplinary action during the time he has held a temporary license issued pursuant to this section.

      3.  The Board shall examine each applicant in writing concerning the contents and interpretation of this chapter and the regulations of the Board.

      Sec. 46.  NRS 631.274 is hereby amended to read as follows:

      631.274  1.  The Board shall, without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300, issue a restricted geographical license to practice dentistry or dental hygiene to a person if he meets the requirements of subsection 2 and:

 


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ê2005 Statutes of Nevada, Page 2721 (Chapter 501, SB 163)ê

 

      (a) A board of county commissioners submits a request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in a rural area of a county in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or

      (b) The director of a federally qualified health center or a nonprofit clinic submits a request that the Board waive the requirements of NRS 631.240 or 631.300 for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.

      2.  A person may apply for a restricted geographical license if he:

      (a) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Is otherwise qualified for a license to practice dentistry or dental hygiene in this State;

      (c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300; and

      (d) Submits [the statement required by NRS 631.225.] all information required to complete an application for a license.

      3.  The Board shall not issue a restricted geographical license to a person:

      (a) Whose license to practice dentistry or dental hygiene has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry or dental hygiene; or

      (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry or dental hygiene,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      4.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      5.  A person to whom a restricted geographical license is issued pursuant to this section:

      (a) May practice dentistry or dental hygiene only in the county which has requested the restricted geographical licensure pursuant to paragraph (a) of subsection 1.

      (b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by a federally qualified health center or nonprofit clinic pursuant to paragraph (b) of subsection 1.

      6.  Within 7 days after the termination of his contract pursuant to paragraph (b) of subsection 1, the holder of a restricted geographical license shall notify the Board of the termination, in writing, and surrender the restricted geographical license.

      7.  A person to whom a restricted geographical license was issued pursuant to this section may petition the Board for an unrestricted license without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300 if the person:

 


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ê2005 Statutes of Nevada, Page 2722 (Chapter 501, SB 163)ê

 

      (a) Has not had his license to practice dentistry or dental hygiene revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (b) Has not been refused a license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (c) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia; and

      (d) Has:

             (1) Actively practiced dentistry or dental hygiene for 3 years at a minimum of 30 hours per week in the restricted geographical area; or

             (2) Been under contract with a federally qualified health center or nonprofit clinic for a minimum of 3 years.

      8.  The Board shall revoke a restricted geographical license at any time upon proof satisfactory to the Board that the holder of the license violated any provision of this section or the regulations of the Board.

      Sec. 47.  NRS 631.330 is hereby amended to read as follows:

      631.330  1.  Licenses must be renewed annually.

      2.  Except as otherwise provided in NRS 631.271:

      (a) Each holder of a license to practice dentistry or dental hygiene must, upon:

             (1) [Submission of the statement required pursuant to NRS 631.225;

             (2)] Payment of the required fee; [and

             (3)] (2) Submission of proof of completion of the required continuing education [,] ; and

             (3) Submission of all information required to complete the renewal,

Ê be granted a renewal certificate which will authorize continuation of the practice for 1 year.

      (b) A licensee must comply with the provisions of this subsection and subsection 1 on or before June 30. Failure to comply with those provisions by June 30 of each year automatically suspends the license, and it may be reinstated only upon payment of the fee for reinstatement and compliance with the requirements of this subsection.

      3.  If a license suspended pursuant to this section is not reinstated within 12 months after suspension, it is automatically revoked.

      Sec. 48.  NRS 632.341 is hereby amended to read as follows:

      632.341  1.  Every nurse licensed under the provisions of this chapter must renew his license biennially on a date or according to a schedule of dates prescribed by regulation of the Board. If the date or schedule is changed, the Board may prorate the required fee.

      2.  A licensee who fails to renew his license may have his license reinstated by completing an application for renewal, submitting [the statement required pursuant to NRS 632.3446 and] payment of the reinstatement fee in addition to the renewal fee [.] and submitting all information required to complete the reinstatement.

      3.  Upon written request to the Board, a licensee in good standing may cause his name and license to be transferred to an inactive list, and the licensee may not practice nursing during the time the license is inactive and no renewal fee accrues. If an inactive licensee desires to resume the practice of nursing, the Board, except as otherwise provided in subsection 4, shall renew the license upon demonstration, if deemed necessary by the Board, that the licensee is then qualified and competent to practice, and upon completion of an application and payment of the current fee for biennial renewal of the license.

 


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ê2005 Statutes of Nevada, Page 2723 (Chapter 501, SB 163)ê

 

renew the license upon demonstration, if deemed necessary by the Board, that the licensee is then qualified and competent to practice, and upon completion of an application and payment of the current fee for biennial renewal of the license.

      4.  The Board may:

      (a) Issue a temporary license to an applicant for the renewal or reinstatement of his license pending final action by the Board upon the application.

      (b) After a hearing, refuse to renew or reinstate the license of any person who, at any time since the most recent renewal of his license or the issuance of his original license if it has not been renewed, has been out of compliance with the requirements of this chapter.

      Sec. 49.  NRS 632.342 is hereby amended to read as follows:

      632.342  1.  The certificate of a nursing assistant must be renewed biennially on the date of the certificate holder’s birthday.

      2.  The Board shall renew a certificate if the applicant:

      (a) Submits a completed written application and the fee required by this chapter;

      (b) Submits documentation of completion of continuing training, as required by the Board, in the previous 24 months;

      (c) [Submits the statement required pursuant to NRS 632.3446;

      (d)] Has not committed any acts which are grounds for disciplinary action, unless the Board determines that sufficient restitution has been made or the act was not substantially related to nursing; [and

      (e)] (d) Submits documentation of employment as a nursing assistant during the 2 years immediately preceding the date of the renewal [.] ; and

      (e) Submits all information required to complete the renewal.

Ê The training program completed pursuant to paragraph (b) must be approved by the Board.

      3.  Failure to renew the certificate results in forfeiture of the right to practice unless the nursing assistant qualifies for the issuance of a new certificate.

      4.  Renewal of a certificate becomes effective on the date on which:

      (a) The application is filed;

      (b) [The statement required pursuant to NRS 632.3446 is submitted; or

      (c) The date on which the] The renewal fee is paid [,] ; or

      (c) All information required to complete the renewal is submitted,

Ê whichever occurs latest.

      Sec. 50.  NRS 632.3446 is hereby amended to read as follows:

      632.3446  1.  In addition to any other requirements set forth in this chapter:

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

      (b) An applicant for the issuance or renewal of a license or certificate pursuant to this chapter shall submit to the Board 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.

      2.  The Board 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 certificate; or

 


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ê2005 Statutes of Nevada, Page 2724 (Chapter 501, SB 163)ê

 

      (b) A separate form prescribed by the Board.

      3.  A license or certificate may not be issued or renewed by the Board 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 Board 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. 51.  NRS 632.3446 is hereby amended to read as follows:

      632.3446  1.  In addition to any other requirements set forth in this chapter [:

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

      (b) An] , an applicant for the issuance or renewal of a license or certificate pursuant to this chapter shall submit to the Board 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.

      2.  The Board 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license or certificate may not be issued or renewed by the Board 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 Board 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. 52.  NRS 633.311 is hereby amended to read as follows:

      633.311  Except as otherwise provided in NRS 633.315, an applicant for a license to practice osteopathic medicine may be issued a license by the Board if:

      1.  He is 21 years of age or older;

 


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ê2005 Statutes of Nevada, Page 2725 (Chapter 501, SB 163)ê

 

      2.  He is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      3.  He is a graduate of a school of osteopathic medicine;

      4.  He:

      (a) Has graduated from a school of osteopathic medicine before 1995 and has completed:

             (1) A hospital internship; or

             (2) One year of postgraduate training that complies with the standards of intern training established by the American Osteopathic Association;

      (b) Has completed 3 years of postgraduate medical education as a resident in the United States or Canada in a program approved by the Board, the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or

      (c) Is a resident who is enrolled in a postgraduate training program in this State, has completed 24 months of the program and has committed, in writing, that he will complete the program;

      5.  He applies for the license as provided by law;

      6.  He passes:

      (a) All parts of the licensing examination of the National Board of Osteopathic Medical Examiners;

      (b) All parts of the licensing examination of the Federation of State Medical Boards of the United States, Inc.;

      (c) All parts of the licensing examination of the Board, a state, territory or possession of the United States, or the District of Columbia, and he is certified by a specialty board of the American Osteopathic Association or by the American Board of Medical Specialties; or

      (d) A combination of the parts of the licensing examinations specified in paragraphs (a), (b) and (c) of this subsection that is approved by the Board;

      7.  [He submits the statement required pursuant to the provisions of NRS 633.326; and

      8.]  He pays the fees provided for in this chapter [.] ; and

      8.  He submits all information required to complete an application for a license.

      Sec. 53.  NRS 633.321 is hereby amended to read as follows:

      633.321  1.  Every applicant for a license shall:

      (a) File an application with the Board in the manner prescribed by regulations of the Board;

      (b) Submit verified proof satisfactory to the Board that he meets the age, citizenship and educational requirements prescribed by this chapter; and

      (c) Pay in advance to the Board the application and initial license fee specified in this chapter.

      2.  An application filed with the Board pursuant to subsection 1 must include [the social security number of the applicant.] all information required to complete the application.

      3.  The Board may hold hearings and conduct investigations into any matter related to the application and, in addition to the proofs required by subsection 1, may take such further evidence and require such other documents or proof of qualifications as it deems proper.

      4.  The Board may reject an application if it appears that any credential submitted is false.

 


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ê2005 Statutes of Nevada, Page 2726 (Chapter 501, SB 163)ê

 

      Sec. 54.  NRS 633.326 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice osteopathic medicine shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to practice osteopathic medicine shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice osteopathic medicine may not be issued or renewed by the Board 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 Board 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. 55.  NRS 633.326 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice osteopathic medicine shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license to practice osteopathic medicine shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice osteopathic medicine may not be issued or renewed by the Board 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.

 


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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 Board 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. 56.  NRS 633.471 is hereby amended to read as follows:

      633.471  1.  Except as otherwise provided in subsection 3 and in NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew his license on or before January 1 of each calendar year after its issuance by:

      (a) Applying for renewal on forms provided by the Board;

      (b) [Submitting the statement required pursuant to NRS 633.326;

      (c)] Paying the annual license renewal fee specified in this chapter;

      [(d)] (c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him during the previous year; [and

      (e)] (d) Submitting verified evidence satisfactory to the Board that in the year preceding the application for renewal he has attended courses or programs of continuing education approved by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association [.] ; and

      (e) Submitting all information required to complete the renewal.

      2.  The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

      3.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

      Sec. 57.  NRS 633.481 is hereby amended to read as follows:

      633.481  1.  Except as otherwise provided in subsection 2, if a licensee fails to comply with the requirements of NRS 633.471 within 30 days after the renewal date, the Board shall give 30 days’ notice of failure to renew and of revocation of license by certified mail to the licensee at his last address registered with the Board. If the license is not renewed before the expiration of the 30 days’ notice, the license is automatically revoked without any further notice or a hearing and the Board shall file a copy of the notice with the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

      2.  A licensee who fails to meet the continuing education requirements for license renewal may apply to the Board for a waiver of the requirements. The Board may grant a waiver for that year only if it finds that the failure is due to the licensee’s disability, military service or absence from the United States, or to circumstances beyond the control of the licensee which are deemed by the Board to excuse the failure.

      3.  A person whose license is revoked under this section may apply to the Board for restoration of his license upon:

      (a) Payment of all past due renewal fees and the late payment fee specified in this chapter;

 


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      (b) [Submission of the statement required pursuant to NRS 633.326;

      (c)] Producing verified evidence satisfactory to the Board of completion of the total number of hours of continuing education required for the year preceding the renewal date and for each year succeeding the date of revocation; [and

      (d)] (c) Stating under oath in writing that he has not withheld information from the Board which if disclosed would furnish grounds for disciplinary action under this chapter [.] ; and

      (d) Submitting all information required to complete the restoration of his license.

      Sec. 58.  NRS 634.080 is hereby amended to read as follows:

      634.080  1.  An applicant for examination must file an application not less than 60 days before the date of the examination.

      2.  An application must be filed with the Secretary of the Board on a form to be furnished by the Secretary.

      3.  An application must be verified and must state:

      (a) When and where the applicant was born, the various places of his residence during the 5 years immediately preceding the making of the application and the address to which he wishes the [department] Board to mail his license.

      (b) The name, age [, social security number] and sex of the applicant.

      (c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 5 years immediately preceding the making of the application.

      (d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state and, if so, when and where and the results of the application.

      (e) Whether the applicant is a citizen of the United States or lawfully entitled to remain and work in the United States.

      (f) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state and, if so, whether any discharge, dismissal, disciplinary or other similar proceedings have ever been instituted against him. Such an applicant must also attach a certificate of the Secretary of the chiropractic board of the state in which the applicant was last licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting his standing as a chiropractor are undisposed of and pending.

      (g) The applicant’s general and chiropractic education, including the schools attended and the time of attendance at each school, and whether he is a graduate of any school or schools.

      (h) The names of:

             (1) Two persons who have known the applicant for at least 3 years; and

             (2) A person who is a chiropractor licensed pursuant to the provisions of this chapter or a professor at a school of chiropractic.

      (i) All other information required to complete the application.

      Sec. 59.  NRS 634.095 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant shall include the social security number of the applicant in the application submitted to the Board.

 


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ê2005 Statutes of Nevada, Page 2729 (Chapter 501, SB 163)ê

 

social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant shall submit to the Board 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.

      2.  The Board 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license to practice chiropractic or a certificate to practice as a chiropractor’s assistant may not be issued or renewed by the Board 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 Board 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. 60.  NRS 634.095 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license to practice chiropractic or a certificate to practice as a chiropractor’s assistant shall submit to the Board 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.

      2.  The Board 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license to practice chiropractic or a certificate to practice as a chiropractor’s assistant may not be issued or renewed by the Board 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.

 


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ê2005 Statutes of Nevada, Page 2730 (Chapter 501, SB 163)ê

 

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 Board 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. 61.  NRS 634.123 is hereby amended to read as follows:

      634.123  1.  The Board may issue a certificate to a properly qualified applicant to perform ancillary services relating to chiropractic, other than chiropractic adjustment, under the supervision of a chiropractor. The Board shall specify the formal training, including at least 12 months of study or the equivalent, which such an applicant must have completed before the Board awards him a certificate as a chiropractor’s assistant.

      2.  An application for the issuance of a certificate as a chiropractor’s assistant must include [the social security number of the applicant.] all information required to complete the application.

      Sec. 62.  NRS 634.130 is hereby amended to read as follows:

      634.130  1.  Licenses and certificates must be renewed annually. Each person who is licensed pursuant to the provisions of this chapter must, upon the payment of the required renewal fee and the submission of [the statement required pursuant to NRS 634.095,] all information required to complete the renewal, be granted a renewal certificate which authorizes him to continue to practice for 1 year.

      2.  The renewal fee must be paid and [the statement] all information required to complete the renewal must be submitted to the Board on or before January 1 of the year to which it applies.

      3.  Except as otherwise provided in subsection 4, a licensee in active practice within this State must submit satisfactory proof to the Board that he has attended at least 12 hours of continuing education which is approved or endorsed by the Board. The educational requirement of this section may be waived by the Board if the licensee files with the Board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from a serious or disabling illness or physical disability which prevented him from completing the requirements for continuing education during the 12 months immediately preceding the renewal date of his license.

      4.  A licensee is not required to comply with the requirements of subsection 3 until the calendar year after the year the Board issues to him an initial license to practice as a chiropractor in this State.

      5.  If a licensee fails to:

      (a) Pay his renewal fee by January 1;

      (b) [Submit the statement required pursuant to NRS 634.095 by January 1;

      (c)] Submit proof of continuing education pursuant to subsection 3; [or

      (d)] (c) Notify the Board of a change in the location of his office pursuant to NRS 634.129 [,] ; or

      (d) Submit all information required to complete the renewal,

 


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ê2005 Statutes of Nevada, Page 2731 (Chapter 501, SB 163)ê

 

Ê his license is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

      6.  If a holder of a certificate as a chiropractor’s assistant fails to:

      (a) Pay his renewal fee by January 1;

      (b) [Submit the statement required pursuant to NRS 634.095 by January 1; or

      (c)] Notify the Board of a change in the location of his office pursuant to NRS 634.129 [,] ; or

      (c) Submit all information required to complete the renewal,

Ê his certificate is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

      Sec. 63.  NRS 634A.110 is hereby amended to read as follows:

      634A.110  1.  An applicant for examination for a license to practice Oriental medicine, or any branch thereof, shall:

      (a) Submit an application to the Board on forms provided by the Board;

      (b) Submit satisfactory evidence that he is 21 years or older and meets the appropriate educational requirements;

      (c) Submit with the application a complete set of his fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (d) Pay a fee established by the Board of not more than $1,000; and

      (e) Pay any fees required by the Board for an investigation of the applicant or for the services of a translator, if the translator is required to enable the applicant to take the examination.

      2.  An application submitted to the Board pursuant to subsection 1 must include [the social security number of the applicant.] all information required to complete the application.

      Sec. 64.  NRS 634A.115 is hereby amended to read as follows:

      634A.115  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license issued pursuant to this chapter shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license issued pursuant to this chapter shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license may not be issued or renewed by the Board 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.

 


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ê2005 Statutes of Nevada, Page 2732 (Chapter 501, SB 163)ê

 

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 Board 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. 65.  NRS 634A.115 is hereby amended to read as follows:

      634A.115  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a license issued pursuant to this chapter shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license issued pursuant to this chapter shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license may not be issued or renewed by the Board 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 Board 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. 66.  NRS 634A.160 is hereby amended to read as follows:

      634A.160  1.  Every license must be displayed in the office, place of business or place of employment of the holder thereof.

      2.  Every person holding a license shall pay to the Board on or before February 1 of each year, the annual fee for a license required pursuant to subsection 4. The holder of a license shall submit with the fee [the statement required pursuant to NRS 634A.115.] all information required to complete the renewal of the license. If the holder of a license fails to pay the fee or submit [the statement,] all required information, his license must be suspended. The license may be reinstated by payment of the required fee and submission of [the statement] all required information within 90 days after February 1.

 


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ê2005 Statutes of Nevada, Page 2733 (Chapter 501, SB 163)ê

 

      3.  A license which is suspended for more than 3 months under the provisions of subsection 2 may be cancelled by the Board after 30 days’ notice to the holder of the license.

      4.  The annual fee for a license must be prescribed annually by the Board and must not exceed $1,000.

      Sec. 67.  NRS 634A.167 is hereby amended to read as follows:

      634A.167  1.  To renew a license issued pursuant to this chapter, each person must, on or before February 1 of each year:

      (a) Apply to the Board for renewal;

      (b) [Submit the statement required pursuant to NRS 634A.115;

      (c)] Pay the annual fee for a license prescribed by the Board; [and

      (d)] (c) Submit evidence to the Board of his completion of the requirements for continuing education [.] ; and

      (d) Submit all information required to complete the renewal.

      2.  The Board shall, as a prerequisite for the renewal or reinstatement of a license, require each holder of a license to comply with the requirements for continuing education adopted by the Board.

      Sec. 68.  NRS 635.050 is hereby amended to read as follows:

      635.050  1.  Any person desiring to practice podiatry in this State must furnish the Board with satisfactory proof that he:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Has received the degree of D.P.M., Doctor of Podiatric Medicine, from an accredited school of podiatry.

      (d) Has completed a residency approved by the Board.

      (e) Has passed the examination given by the National Board of Podiatric Medical Examiners.

      (f) Has not committed any act described in subsection 2 of NRS 635.130. For the purposes of this paragraph, an affidavit signed by the applicant stating that he has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.

      2.  An applicant is entitled to be examined by the Board or a committee thereof pursuant to such regulations as the Board may adopt if he:

      (a) Pays the fee for an application for a license of not more than $600;

      (b) Pays the fee for the examination for a license of not more than $200;

      (c) [Submits the statement required pursuant to NRS 635.056; and

      (d)] Submits proof satisfactory to the Board as required by subsection 1 [.] ; and

      (d) Submits all information required to complete an application for a license.

Ê The Board shall, by regulation, establish the fees required to be paid pursuant to this subsection.

      3.  The Board may reject an application if it appears that the applicant’s credentials are fraudulent or the applicant has practiced podiatry without a license or committed any act described in subsection 2 of NRS 635.130.

      4.  The Board may require such further documentation or proof of qualification as it may deem proper.

      5.  The provisions of this section do not apply to a person who applies for a limited license to practice podiatry pursuant to NRS 635.075.

 


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ê2005 Statutes of Nevada, Page 2734 (Chapter 501, SB 163)ê

 

      Sec. 69.  NRS 635.056 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice podiatry or to practice as a podiatry hygienist shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to practice podiatry or to practice as a podiatry hygienist shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice podiatry or to practice as a podiatry hygienist may not be issued or renewed by the Board 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 Board 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. 70.  NRS 635.056 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice podiatry or to practice as a podiatry hygienist shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license to practice podiatry or to practice as a podiatry hygienist shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice podiatry or to practice as a podiatry hygienist may not be issued or renewed by the Board 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.

 


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ê2005 Statutes of Nevada, Page 2735 (Chapter 501, SB 163)ê

 

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 Board 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. 71.  NRS 635.093 is hereby amended to read as follows:

      635.093  1.  Any person desiring to be licensed as a podiatry hygienist in this State must furnish the Board with satisfactory proof that he:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Has satisfactorily completed a course for podiatry hygienists approved by the Board or has had 6 months or more of training in a podiatric physician’s office as approved by the Board.

      2.  Upon payment of a fee, not exceeding $100, which must be established by regulation of the Board, [submitting the statement required pursuant to NRS 635.056 and] presenting satisfactory proof as required by subsection 1 [,] and submitting all information required to complete an application for a license, an applicant, not exempted under subsection 3, must be examined by the Board or a committee thereof under such regulations as the Board may adopt.

      3.  The Board may, without examination, admit to practice as a podiatry hygienist a person who is employed by a podiatric physician and is:

      (a) A registered nurse; or

      (b) A licensed practical nurse whom the Board or any of its members have interviewed and observed in the use of practical skills.

      Sec. 72.  NRS 635.110 is hereby amended to read as follows:

      635.110  1.  A license issued under the provisions of this chapter expires on October 31 of each year. A license may be renewed before its expiration upon presentation of proof of:

      (a) Completion of the hours of continuing education required pursuant to NRS 635.115;

      (b) Current certification in the techniques of administering cardiopulmonary resuscitation;

      (c) Submission of [the statement required pursuant to NRS 635.056;] all information required to complete the renewal; and

      (d) Payment of a renewal fee in an amount not to exceed $600 for a podiatric physician and not to exceed $100 for a podiatry hygienist. The Board shall, by regulation, establish the amount of each fee.

      2.  A license which is not renewed by October 31 of each year is delinquent. A delinquent license may be reinstated, at the discretion of the Board, upon payment of the appropriate annual renewal fee and an additional annual fee for delinquency in an amount established by the Board.

      Sec. 73.  NRS 636.159 is hereby amended to read as follows:

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

 


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ê2005 Statutes of Nevada, Page 2736 (Chapter 501, SB 163)ê

 

      (a) An applicant for the issuance of a license to practice optometry shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to practice optometry shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice optometry may not be issued or renewed by the Board 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 Board 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. 74.  NRS 636.159 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice optometry shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license to practice optometry shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice optometry may not be issued or renewed by the Board 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 Board 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.

 


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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 Board 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. 75.  NRS 636.215 is hereby amended to read as follows:

      636.215  The Board shall execute a license for each person who has satisfied the requirements of NRS 636.150 and [636.159.] submitted all information required to complete an application for a license. A license must:

      1.  Certify that the licensee has been examined and found qualified to practice optometry in this State; and

      2.  Be signed by each member of the Board.

      Sec. 76.  NRS 636.265 is hereby amended to read as follows:

      636.265  Upon [submission of the statement required pursuant to NRS 636.159,] payment of the renewal fee , [and] submission of evidence of completion of the required number of hours of continuing education [,] and submission of all information required to complete the renewal, the Executive Director shall execute and issue a renewal card for the license to the licensee, certifying that his license has been renewed for a 12-month period beginning March 1 of each year. The renewal card must indicate the address of the place of the licensee’s practice for which the card is issued and be displayed prominently at that location. The renewal card must be signed by the Executive Director and sealed with the seal of the Board.

      Sec. 77.  NRS 636.275 is hereby amended to read as follows:

      636.275  1.  A license which has been suspended for failure of the licensee to pay the annual renewal fee or to submit [the statement required pursuant to NRS 636.159] all information required to complete the renewal may be restored at any time during the calendar year upon the licensee:

      (a) [Submitting the statement required pursuant to NRS 636.159;

      (b)] Paying the annual fee; [and

      (c)] (b) Paying the Executive Director a nonrenewal penalty in the amount prescribed by NRS 636.285 [.] ; and

      (c) Submitting all required information.

      2.  A license which has been suspended for failure of the licensee to submit evidence of completion of the required number of hours of continuing education may be restored upon the licensee completing the continuing education, if such completion occurs during the calendar year in which the suspension has occurred.

      3.  Any license suspended pursuant to the provisions of NRS 636.270 must be revoked at the end of the calendar year during which it was suspended unless the license is restored pursuant to subsection 1 or 2.

      Sec. 78.  NRS 637.113 is hereby amended to read as follows:

      637.113  1.  In addition to any other requirements set forth in this chapter [, an] :

      (a) An applicant for the issuance of a license as a dispensing optician or apprentice dispensing optician shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a dispensing optician or apprentice dispensing optician shall submit to the Board [:

      (a) In any application for issuance of a license, the social security number of the applicant and] the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520.

 


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Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      [(b) In any application for renewal of a license, 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.]

      2.  The Board 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 Board.

      3.  A license as a dispensing optician or apprentice dispensing optician may not be issued or renewed by the Board 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 Board 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. 79.  NRS 637.113 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license as a dispensing optician or apprentice dispensing optician shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license as a dispensing optician or apprentice dispensing optician shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license as a dispensing optician or apprentice dispensing optician may not be issued or renewed by the Board 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 Board 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.

 


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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 Board 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. 80.  NRS 637A.130 is hereby amended to read as follows:

      637A.130  1.  An application for an examination must be filed in writing with the Board at least 60 days before the meeting of the Board immediately preceding the examination, and be accompanied by the application fee prescribed in NRS 637A.210.

      2.  The application must include [the social security number of the applicant.] all information required to complete the application.

      Sec. 81.  NRS 637A.160 is hereby amended to read as follows:

      637A.160  1.  Subject to the provisions of NRS 637A.170, any person who intends to commence business as a hearing aid specialist must comply with the following requirements:

      (a) Make application for examination.

      (b) Take and pass the examination.

      (c) [Submit the statement required pursuant to NRS 637A.163.

      (d)] Pay the prescribed fees, including the annual license fee and the initial license fee prescribed in NRS 637A.210.

      (d) Submit all information required to complete the application.

      2.  The license must be issued and delivered by the Secretary to the licensee therein named upon compliance by the licensee with the requirements prescribed in subsection 1.

      Sec. 82.  NRS 637A.163 is hereby amended to read as follows:

      637A.163  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for an examination as a hearing aid specialist or an applicant for the issuance of a license as an apprentice to a hearing aid specialist shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for an examination as a hearing aid specialist, the renewal of a license as a hearing aid specialist or the issuance or renewal of a license as an apprentice to a hearing aid specialist shall submit to the Board 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.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license as a hearing aid specialist or an apprentice to a hearing aid specialist may not be issued or renewed by the Board 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.

 


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      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 Board 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. 83.  NRS 637A.163 is hereby amended to read as follows:

      637A.163  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for an examination as a hearing aid specialist or an applicant for the issuance of a license as an apprentice to a hearing aid specialist shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for an examination as a hearing aid specialist, the renewal of a license as a hearing aid specialist or the issuance or renewal of a license as an apprentice to a hearing aid specialist shall submit to the Board 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.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license as a hearing aid specialist or an apprentice to a hearing aid specialist may not be issued or renewed by the Board 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 Board 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. 84.  NRS 637A.200 is hereby amended to read as follows:

      637A.200  1.  Licenses expire on June 30 next following the date of issuance.

      2.  A licensee may have his license renewed for 1 year beginning on July 1, by:

      (a) [Submitting the statement required pursuant to NRS 637A.163;

      (b)] Showing that he has fulfilled any requirements established by the Board for continuing education; [and

      (c)] (b) Paying the annual license fee [.] ; and

      (c) Submitting all information required to complete the renewal.

      3.  A licensee who fails to pay the annual license fee or submit [the statement required pursuant to NRS 637A.163] all information required to complete the renewal may have his license renewed without examination within 5 years after the date of expiration by:

 


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ê2005 Statutes of Nevada, Page 2741 (Chapter 501, SB 163)ê

 

complete the renewal may have his license renewed without examination within 5 years after the date of expiration by:

      (a) Complying with the requirements of subsection 2; and

      (b) Paying the lapsed renewal fee in addition to the annual license fee.

      Sec. 85.  NRS 637A.220 is hereby amended to read as follows:

      637A.220  1.  A licensed hearing aid specialist who:

      (a) Has engaged in the practice of fitting and dispensing hearing aids for at least 3 years; and

      (b) Has obtained the approval of the Board,

Ê may employ any person 21 years of age or over to assist him in the business of a hearing aid specialist if the person is licensed by the Board as an apprentice to a hearing aid specialist.

      2.  An applicant for licensure as an apprentice must submit to the Board [an] :

      (a) An application in the form adopted by the Board [and the] ;

      (b) The applicable fees [. The application must include the social security number of the applicant.] ; and

      (c) All information required to complete the application.

      Sec. 86.  NRS 637B.160 is hereby amended to read as follows:

      637B.160  1.  An applicant for a license to engage in the practice of audiology or speech pathology must be issued a license by the Board if he:

      (a) Is over the age of 21 years;

      (b) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

      (c) Is of good moral character;

      (d) Meets the requirements for education or training and experience provided by subsection 2;

      (e) Has completed at least 300 clock hours of supervised clinical experience in audiology or speech pathology, or both;

      (f) Applies for the license in the manner provided by the Board;

      (g) [Submits the statement required pursuant to NRS 637B.166;

      (h)] Passes any examination required by this chapter; [and

      (i)] (h) Pays the fees provided for in this chapter [.] ; and

      (i) Submits all information required to complete an application for a license.             

      2.  An applicant must possess a master’s degree in audiology or in speech pathology from an accredited educational institution or possess equivalent training and experience. If he seeks to qualify on the basis of equivalent training and experience, the applicant must submit to the Board satisfactory evidence that he has obtained at least 60 semester credits, or equivalent quarter credits, in courses related to the normal development, function and use of speech and language or hearing, including, but not limited to, the management of disorders of speech or hearing and the legal, professional and ethical practices of audiology or speech pathology. At least 24 of the 60 credits, excluding any credits obtained for a thesis or dissertation, must have been obtained for courses directly relating to audiology or speech pathology.

      Sec. 87.  NRS 637B.166 is hereby amended to read as follows:

      637B.166  1.  In addition to any other requirements set forth in this chapter:

 


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      (a) An applicant for the issuance of a license to engage in the practice of audiology or speech pathology shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to engage in the practice of audiology or speech pathology shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to engage in the practice of audiology or speech pathology may not be issued or renewed by the Board 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 Board 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. 88.  NRS 637B.166 is hereby amended to read as follows:

      637B.166  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a license to engage in the practice of audiology or speech pathology shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license to engage in the practice of audiology or speech pathology shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to engage in the practice of audiology or speech pathology may not be issued or renewed by the Board 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.

 


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      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 Board 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. 89.  NRS 637B.210 is hereby amended to read as follows:

      637B.210  1.  All licenses issued pursuant to this chapter, except a temporary license, expire on December 31 of each year.

      2.  Each holder of a license to practice audiology or speech pathology, except a temporary license, who meets the requirements for continuing education prescribed by the Board may renew his license before its expiration upon [submission of the statement required pursuant to NRS 637B.166 and] payment of the fee for annual renewal of a license [.] and submission of all information required to complete the annual renewal of a license.

      3.  If a licensee fails to [submit the statement required pursuant to NRS 637B.166 or] pay the fee or submit all required information for annual renewal of his license before its expiration, his license may be renewed only upon the payment of the reinstatement fee in addition to the renewal fee. A license may be renewed pursuant to this subsection only if all fees are paid and [the statement required pursuant to NRS 637B.166] all required information is submitted within 3 years after the license has expired.

      4.  A licensee who wishes to have his license reinstated must prove to the satisfaction of the Board that he has met the requirements for continuing education prescribed by the Board for the period during which his license was expired.

      Sec. 90.  NRS 638.100 is hereby amended to read as follows:

      638.100  1.  Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada must make written application to the Executive Director of the Board.

      2.  The application must include [the social security number of the applicant] all information required to complete the application and any other information required by the Board and must be accompanied by satisfactory proof that the applicant:

      (a) Is of good moral character;

      (b) Except as otherwise provided in subsection 3, has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a school of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association or, if the applicant is a graduate of a school of veterinary medicine that is not accredited by the Council on Education of the American Veterinary Medical Association, that he has received an educational certificate issued by the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association or, if the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association ceases to exist, by an organization approved by the Board that certifies that the holder of the certificate has demonstrated knowledge and skill of veterinary medicine that is equivalent to the knowledge and skill of veterinary medicine of a graduate of a college of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association;

 


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accredited by the Council on Education of the American Veterinary Medical Association;

      (c) Has passed each examination required by the Board pursuant to NRS 638.110; and

      (d) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      3.  A veterinary student in his final year at a school accredited by the American Veterinary Medical Association may submit an application to the Board and take the state examination administered by the Board, but the Board may not issue him a license until he has complied with the requirements of subsection 2.

      4.  The application must be signed by the applicant, notarized and accompanied by a fee set by the Board, not to exceed $500.

      5.  The Board may refuse to issue a license if the Board determines that an applicant has committed an act which would be a ground for disciplinary action if the applicant were a licensee.

      Sec. 91.  NRS 638.103 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice as a veterinarian, euthanasia technician or veterinary technician shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to practice as a veterinarian, euthanasia technician or veterinary technician shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice as a veterinarian, euthanasia technician or veterinary technician may not be issued or renewed by the Board 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 Board 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. 92.  NRS 638.103 is hereby amended to read as follows:

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

 


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      (a) An applicant for the issuance of a license to practice as a veterinarian, euthanasia technician or veterinary technician shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license to practice as a veterinarian, euthanasia technician or veterinary technician shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to practice as a veterinarian, euthanasia technician or veterinary technician may not be issued or renewed by the Board 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 Board 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. 93.  NRS 638.116 is hereby amended to read as follows:

      638.116  1.  Any person who desires to secure a license as a euthanasia technician must make written application to the Executive Director of the Board.

      2.  The application must be accompanied by satisfactory proof that the applicant:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Is employed by a law enforcement agency, an animal control agency, or by a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.

      (d) Has not been convicted of a felony.

      (e) Has furnished any other information required by the Board.

      3.  The application must [include the social security number of the applicant and] be accompanied by [a] :

      (a) A fee to be set by the Board in an amount not to exceed $500 [.] ; and

      (b) All information required to complete the application.

      Sec. 94.  NRS 638.122 is hereby amended to read as follows:

      638.122  1.  Any person who desires to secure a license as a veterinary technician must make written application to the Executive Director of the Board.

 


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ê2005 Statutes of Nevada, Page 2746 (Chapter 501, SB 163)ê

 

      2.  The application must be accompanied by satisfactory proof that the applicant:

      (a) Is of good moral character.

      (b) Has received a diploma conferring the degree of veterinary technician or its equivalent after having completed a college level course at a school approved by the Board.

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (d) Has furnished any other information required by the Board.

      3.  The application must [include the social security number of the applicant and] be accompanied by [a] :

      (a) A fee to be set by the Board in an amount not to exceed $500 [.] ; and

      (b) All information required to complete the application.

      Sec. 95.  NRS 638.127 is hereby amended to read as follows:

      638.127  1.  On or before November 15 of each year, the Executive Director shall mail to each person licensed under the provisions of this chapter an application form for the renewal of his license.

      2.  Each applicant for renewal must complete the form and return it to the Executive Director, accompanied by [the statement required pursuant to NRS 638.103,] all information required to complete the renewal, the renewal fee and full payment of all fines which he owes to the Board, on or before January 1 of each year. Each application for renewal must be signed by the applicant. The renewal fee for licensees and persons on inactive status must be in an amount determined by the Board.

      3.  Upon receipt of the application and [statement] all required information and payment of the renewal fee and all fines owed, the Board shall issue to that person a certificate of renewal.

      4.  Any person who fails to renew his license on or before March 1 of each year forfeits his license.

      5.  When a person has forfeited his license in the manner provided in subsection 4, the Board may reinstate the license and issue a certificate of renewal upon receipt of [the statement required pursuant to NRS 638.103] all information required to complete the renewal and payment of:

      (a) The renewal fee;

      (b) All fines owed; and

      (c) A delinquency penalty of $50 for each month or fraction thereof the license was not renewed after January 1.

      6.  If a licensee does not practice for more than 12 consecutive months, the Board may require him to take an examination to determine his competency before renewing his license.

      7.  If a licensee does not renew his license and he is licensed to practice in another state or territory of the United States, the Board may not issue him a license to practice in the State by reciprocity. Such a licensee must reinstate his license in the manner prescribed by the Board.

      Sec. 95.5.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Upon the request of a patient, a registered pharmacist shall transfer a prescription for the patient to another registered pharmacist.

      2.  A registered pharmacist who transfers a prescription pursuant to subsection 1 shall comply with any applicable regulations adopted by the Board relating to the transfer.

 


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      3.  The provisions of this section do not authorize or require a pharmacist to transfer a prescription in violation of:

      (a) Any law or regulation of this State;

      (b) Federal law or regulation; or

      (c) A contract for payment by a third party if the patient is a party to that contract.

      Sec. 96.  NRS 639.129 is hereby amended to read as follows:

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

      (a) A natural person who applies for the issuance of a certificate of registration as a pharmacist, intern pharmacist, pharmaceutical technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.233 shall include the social security number of the applicant in the application submitted to the Board.

      (b) A natural person who applies for the issuance or renewal of a certificate of registration as a pharmacist, intern pharmacist, pharmaceutical technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.233 shall submit to the Board 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.

      2.  The Board 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 certificate or license; or

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration as a pharmacist, intern pharmacist, pharmaceutical technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.233 may not be issued or renewed by the Board 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 Board 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. 97.  NRS 639.129 is hereby amended to read as follows:

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

      (a) A natural person who applies for the issuance of a certificate of registration as a pharmacist, intern pharmacist, pharmaceutical technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.233 shall include the social security number of the applicant in the application submitted to the Board.

      (b) A] , a natural person who applies for the issuance or renewal of a certificate of registration as a pharmacist, intern pharmacist, pharmaceutical technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.233 shall submit to the Board the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520.

 


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technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.233 shall submit to the Board 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.

      2.  The Board 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 certificate or license; or

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration as a pharmacist, intern pharmacist, pharmaceutical technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.233 may not be issued or renewed by the Board 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 Board 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. 98.  NRS 639.180 is hereby amended to read as follows:

      639.180  1.  Except as otherwise provided in this subsection, a certificate, license or permit issued by the Board pursuant to this chapter expires on October 31 of each even-numbered year. A certificate of registration as a pharmacist expires on October 31 of each odd-numbered year.

      2.  Except as otherwise provided by NRS 639.137, 639.230 and 639.2328, each person to whom a certificate, license or permit has been issued may, if the certificate, license or permit has not been revoked, renew the certificate, license or permit biennially by:

      (a) Filing an application for renewal;

      (b) Paying the fee for renewal;

      (c) Complying with the requirement of continuing professional education, if applicable; and

      (d) [If the applicant is a natural person who is applying for the renewal of a certificate of registration as a pharmacist, intern pharmacist, pharmaceutical technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.233, submitting the statement required pursuant to NRS 639.129.] Submitting all information required to complete the renewal.

      3.  The application for renewal, together with the fee for renewal and [, if applicable, the statement,] all required information, must be delivered to the Executive Secretary of the Board on or before the expiration date of the certificate, license or permit, or the current renewal receipt thereof.

 


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      4.  If a certificate, license or permit is renewed, it must be delivered to the applicant within a reasonable time after receipt of the application for renewal and the fee for renewal.

      5.  The Board may refuse to renew a certificate, license or permit if the applicant has committed any act proscribed by NRS 639.210.

      6.  If the application for renewal , [and] the fee for renewal and [, if applicable, the statement] all required information are not postmarked on or before the expiration date of the certificate, license or permit, or the current renewal receipt thereof, the registration is automatically forfeited.

      Sec. 98.3.  NRS 639.2353 is hereby amended to read as follows:

      639.2353  Except as otherwise provided in a regulation adopted pursuant to NRS 453.385 [:] or section 95.5 of this act:

      1.  A prescription must be given:

      (a) Directly from the practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the practitioner;

      (c) By an oral order transmitted by an agent of the practitioner; or

      (d) Except as otherwise provided in subsection 5, by electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the Board.

      2.  A written prescription must contain:

      (a) Except as otherwise provided in this section, the name and signature of the practitioner, and his address if not immediately available to the pharmacist;

      (b) The classification of his license;

      (c) The name of the patient, and his address if not immediately available to the pharmacist;

      (d) The name, strength and quantity of the drug [or drugs] prescribed;

      (e) Directions for use; and

      (f) The date of issue.

      3.  The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      4.  Each written prescription must be written in such a manner that any registered pharmacist would be able to dispense it. A prescription must be written in Latin or English and may include any character, figure, cipher or abbreviation which is generally used by pharmacists and practitioners in the writing of prescriptions.

      5.  A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law.

      6.  A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:

      (a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner; or

      (b) A voice recognition system, biometric identification technique or other security system approved by the Board is used to identify the practitioner.

 


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ê2005 Statutes of Nevada, Page 2750 (Chapter 501, SB 163)ê

 

      Sec. 98.7.  NRS 639.238 is hereby amended to read as follows:

      639.238  1.  Prescriptions filled and on file in a pharmacy are not a public record. [A] Except as otherwise provided in section 95.5 of this act, a pharmacist shall not divulge the contents of any prescription or provide a copy of any prescription, except to:

      (a) The patient for whom the original prescription was issued;

      (b) The practitioner who originally issued the prescription;

      (c) A practitioner who is then treating the patient;

      (d) A member, inspector or investigator of the Board or an inspector of the Food and Drug Administration or an agent of the Investigation Division of the Department of Public Safety;

      (e) An agency of state government charged with the responsibility of providing medical care for the patient;

      (f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information;

      (g) Any person authorized by an order of a district court;

      (h) Any member, inspector or investigator of a professional licensing board which licenses a practitioner who orders prescriptions filled at the pharmacy;

      (i) Other registered pharmacists for the limited purpose of and to the extent necessary for the exchange of information relating to persons who are suspected of:

             (1) Misusing prescriptions to obtain excessive amounts of drugs; or

             (2) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person; or

      (j) A peace officer employed by a local government for the limited purpose of and to the extent necessary:

             (1) For the investigation of an alleged crime reported by an employee of the pharmacy where the crime was committed; or

             (2) To carry out a search warrant or subpoena issued pursuant to a court order.

      2.  [Any] Except as otherwise provided in section 95.5 of this act, any copy of a prescription for a controlled substance or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such a copy, must contain all of the information appearing on the original prescription and be clearly marked on its face “Copy, Not Refillable—For Reference Purposes Only.” The copy must bear the name or initials of the registered pharmacist who prepared the copy.

      3.  If a copy of a prescription for any controlled substance or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.

      4.  [If, at the express request of a customer, a copy of a prescription for any controlled substance or dangerous drug is furnished to another pharmacist, the original prescription must be voided and notations made thereon showing the date and the name of the pharmacist to whom the copy was furnished. The pharmacist receiving the copy shall call the prescribing practitioner for a new prescription.

      5.]  As used in this section, “peace officer” does not include:

 


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      (a) A member of the Police Department of the University and Community College System of Nevada.

      (b) A school police officer who is appointed or employed pursuant to NRS 391.100.

      Sec. 99.  NRS 640.090 is hereby amended to read as follows:

      640.090  Unless he is entitled to licensure under NRS 640.120 or 640.140, a person who desires to be licensed as a physical therapist must:

      1.  Apply to the Board, in writing, on a form furnished by the Board;

      2.  Include in the application [his social security number and] evidence, under oath, satisfactory to the Board, that he possesses the qualifications required by NRS 640.080 other than having passed the examination;

      3.  Pay to the Board at the time of filing his application a fee set by a regulation of the Board in an amount not to exceed $300;

      4.  Submit to the Board with his application a complete set of his fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; [and]

      5.  Submit other documentation and proof the Board may require [.] ; and

      6.  Submit all other information required to complete the application.

      Sec. 100.  NRS 640.095 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license as a physical therapist or physical therapist’s assistant shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a physical therapist or physical therapist’s assistant shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license as a physical therapist or physical therapist’s assistant may not be issued or renewed by the Board 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 Board 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.

 


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ê2005 Statutes of Nevada, Page 2752 (Chapter 501, SB 163)ê

 

      Sec. 101.  NRS 640.095 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license as a physical therapist or physical therapist’s assistant shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license as a physical therapist or physical therapist’s assistant shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license as a physical therapist or physical therapist’s assistant may not be issued or renewed by the Board 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 Board 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. 102.  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 [.] ; and

      (c) Submission of all information required to complete the renewal.

      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] :

      (a) Payment of the annual renewal fee and the annual expiration fee established by the Board for each year the license is expired [.] ; and

      (b) Submission of all information required to complete the renewal.

      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

 


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      (c) Establish the fees,

Ê for the program.

      Sec. 103.  NRS 640.250 is hereby amended to read as follows:

      640.250  Unless he is entitled to a license under NRS 640.270, a person who desires to be licensed as a physical therapist’s assistant must:

      1.  Apply to the Board, in writing, on a form furnished by the Board. The application for licensure as a physical therapist’s assistant must also be signed by the supervising physical therapist of the applicant.

      2.  Include in the application [his social security number and] evidence, under oath, satisfactory to the Board, that he possesses the qualifications required by NRS 640.230 other than having passed the examination.

      3.  Pay to the Board at the time of filing his application a fee set by a regulation of the Board in an amount not to exceed $200.

      4.  Submit to the Board with his application a complete set of his fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      5.  Submit such documentation and proof as the Board may require.

      6.  Pay the fee for examination of the applicant as the Board may establish.

      7.  Submit all other information required to complete the application.

      Sec. 104.  NRS 640.280 is hereby amended to read as follows:

      640.280  1.  The license of a physical therapist’s assistant expires on July 31 of each year. A physical therapist’s assistant 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 the renewal fee established by the Board [.] ; and

      (c) Submission of all information required to complete the renewal.

      2.  A license that is not renewed before July 31 of each year expires. The Board may reinstate an expired license 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 each physical therapist’s assistant to complete a program of continuing education as a prerequisite for the renewal of his license. The Board shall prescribe the curriculum and approve the courses of study or training for that program.

      Sec. 105.  NRS 640A.140 is hereby amended to read as follows:

      640A.140  1.  A person who desires to be licensed by the Board as an occupational therapist or occupational therapy assistant must:

      (a) Submit an application to the Board on a form furnished by the Board; and

      (b) Provide evidence satisfactory to the Board that he possesses the qualifications required pursuant to subsections 1, 2 and 3 of NRS 640A.120.

      2.  The application must include [the social security number of the applicant.] all information required to complete the application.

      Sec. 106.  NRS 640A.145 is hereby amended to read as follows:

      640A.145  1.  In addition to any other requirements set forth in this chapter:

 


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      (a) An applicant for the issuance of a license as an occupational therapist or occupational therapy assistant shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as an occupational therapist or occupational therapy assistant shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license as an occupational therapist or occupational therapy assistant may not be issued or renewed by the Board 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 Board 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. 107.  NRS 640A.145 is hereby amended to read as follows:

      640A.145  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a license as an occupational therapist or occupational therapy assistant shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license as an occupational therapist or occupational therapy assistant shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license as an occupational therapist or occupational therapy assistant may not be issued or renewed by the Board 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.

 


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      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 Board 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. 108.  NRS 640B.340 is hereby amended to read as follows:

      640B.340  1.  In addition to any other requirements [for the issuance or renewal of a license] set forth in this chapter [, an] :

      (a) An applicant for the issuance of a license to engage in the practice of athletic training shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to engage in the practice of athletic training [must] shall submit to the Board [:

      (a) The social security number of the applicant; and

      (b) The] 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.

      2.  The Board shall include the [person’s social security number and 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 Board.

      3.  A license to engage in the practice of athletic training may not be issued or renewed by the Board if the applicant:

      (a) [Fails to submit his social security number required pursuant to subsection 1;

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

      [(c)] (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 Board 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. 109.  NRS 640B.340 is hereby amended to read as follows:

      640B.340  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a license to engage in the practice of athletic training shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license to engage in the practice of athletic training shall submit to the Board 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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      2.  The Board 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 Board.

      3.  A license to engage in the practice of athletic training may not be issued or renewed by the Board 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 Board 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. 110.  NRS 641.160 is hereby amended to read as follows:

      641.160  Each person desiring a license must make application to the Board upon a form, and in a manner, prescribed by the Board. The application must [include the social security number of the applicant and] be accompanied by the application fee prescribed by the Board [.] and include all information required to complete the application.

      Sec. 111.  NRS 641.175 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license may not be issued or renewed by the Board 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 Board 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.

 


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owed pursuant to the order, the Board 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. 112.  NRS 641.175 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license may not be issued or renewed by the Board 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 Board 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. 113.  NRS 641.220 is hereby amended to read as follows:

      641.220  1.  To renew a license issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Board for renewal;

      (b) [Submit the statement required pursuant to NRS 641.175;

      (c)] Pay the biennial fee for the renewal of a license; [and

      (d)] (c) Submit evidence to the Board of his completion of the requirements for continuing education [.] ; and

      (d) Submit all information required to complete the renewal.

      2.  Upon renewing his license, the holder of the license shall declare his areas of competence, as determined in accordance with NRS 641.112.

      3.  The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board.

      Sec. 114.  NRS 641A.210 is hereby amended to read as follows:

      641A.210  Each person desiring a license must apply to the Board upon a form, and in a manner, prescribed by the Board. The application must [include the social security number of the applicant and] be accompanied by the application fee prescribed by the Board [.]

 


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the application fee prescribed by the Board [.] and all information required to complete the application.

      Sec. 115.  NRS 641A.215 is hereby amended to read as follows:

      641A.215  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license as a marriage and family therapist shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a marriage and family therapist shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license as a marriage and family therapist may not be issued or renewed by the Board 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 Board 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. 116.  NRS 641A.215 is hereby amended to read as follows:

      641A.215  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a license as a marriage and family therapist shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license as a marriage and family therapist shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license as a marriage and family therapist may not be issued or renewed by the Board if the applicant:

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

 


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      (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 Board 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. 117.  NRS 641A.260 is hereby amended to read as follows:

      641A.260  1.  To renew a license issued pursuant to this chapter, each person must, on or before the date of expiration of the current license:

      (a) Apply to the Board for renewal;

      (b) [Submit the statement required pursuant to NRS 641A.215;

      (c)] Pay the fee for renewal set by the Board; [and

      (d)] (c) Submit evidence to the Board of his completion of the requirements for continuing education [.] ; and

      (d) Submit all information required to complete the renewal.

      2.  The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board.

      Sec. 118.  NRS 641B.206 is hereby amended to read as follows:

      641B.206  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license to engage in social work as an associate in social work, a social worker, an independent social worker or a clinical social worker shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the renewal of a license to engage in social work as an associate in social work or the issuance or renewal of a license to engage in social work as a social worker, an independent social worker or a clinical social worker shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to engage in social work as an associate in social work, a social worker, an independent social worker or a clinical social worker may not be issued or renewed by the Board 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.

 


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      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 Board 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. 119.  NRS 641B.206 is hereby amended to read as follows:

      641B.206  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a license to engage in social work as an associate in social work, a social worker, an independent social worker or a clinical social worker shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the renewal of a license to engage in social work as an associate in social work or the issuance or renewal of a license to engage in social work as a social worker, an independent social worker or a clinical social worker shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license to engage in social work as an associate in social work, a social worker, an independent social worker or a clinical social worker may not be issued or renewed by the Board 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 Board 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. 120.  NRS 641B.280 is hereby amended to read as follows:

      641B.280  1.  Every holder of a license issued pursuant to this chapter may renew his license annually by:

      (a) Applying to the Board for renewal;

      (b) [Submitting the statement required pursuant to NRS 641B.206;

      (c)] Paying the annual renewal fee set by the Board; [and

      (d)] (c) Submitting evidence to the Board of his completion of the required continuing education [.] ; and

      (d) Submitting all information required to complete the renewal.

 


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      2.  The Board shall, as a prerequisite for the renewal of a license, require the holder to comply with the requirements for continuing education adopted by the Board.

      Sec. 121.  NRS 641B.290 is hereby amended to read as follows:

      641B.290  1.  If a licensee fails to comply with the requirements of NRS 641B.280, the license becomes delinquent and the Board shall, within 30 days after the license becomes delinquent, send a notice to that effect by certified mail, return receipt requested, to his last known address according to the records of the Board.

      2.  A licensee may renew his license within 60 days after the license becomes delinquent if he complies with the requirements of NRS 641B.280 and pays, in addition to the fee for the annual renewal of a license, the fee for the renewal of a delinquent license.

      3.  If the license is not renewed within 60 days after the license becomes delinquent, the license expires without any further notice or a hearing.

      4.  A person whose license expires pursuant to subsection 3 may apply to the Board for restoration of his license by:

      (a) Submitting a written application for restoration;

      (b) Submitting [the statement required pursuant to NRS 641B.206;] all information required to complete the restoration;

      (c) Paying all past due renewal fees and the fee for restoration prescribed by the Board; and

      (d) Passing the examination deemed necessary by the Board.

      Sec. 122.  NRS 641C.280 is hereby amended to read as follows:

      641C.280  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license or certificate shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance, renewal, reinstatement or restoration of a license or certificate shall submit to the Board 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.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license or certificate may not be issued, renewed, reinstated or restored by the Board 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 Board shall advise the applicant to notify the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

 


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district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 123.  NRS 641C.280 is hereby amended to read as follows:

      641C.280  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a license or certificate shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance, renewal, reinstatement or restoration of a license or certificate shall submit to the Board 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.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license or certificate may not be issued, renewed, reinstated or restored by the Board 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 Board shall advise the applicant to notify the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 124.  NRS 641C.350 is hereby amended to read as follows:

      641C.350  The Board shall issue a license as an alcohol and drug abuse counselor to:

      1.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Has received a master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;

      (d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;

      (e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits [the statement required pursuant to NRS 641C.280.] all information required to complete an application for a license.

      2.  A person who:

      (a) Is not less than 21 years of age;

 


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      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Is:

             (1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;

             (2) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or

             (3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;

      (d) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the Board;

      (e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits [the statement required pursuant to NRS 641C.280.] all information required to complete an application for a license.

      Sec. 125.  NRS 641C.390 is hereby amended to read as follows:

      641C.390  1.  The Board shall issue a certificate as an alcohol and drug abuse counselor to a person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Except as otherwise provided in subsection 2, has received a bachelor’s degree from an accredited college or university in a field of social science approved by the Board;

      (d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;

      (e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits [the statement required pursuant to NRS 641C.280.] all information required to complete an application for a certificate.

      2.  The Board may waive the educational requirement set forth in paragraph (c) of subsection 1 if an applicant for a certificate has contracted with or receives a grant from the Federal Government to provide services as an alcohol and drug abuse counselor to persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq. An alcohol and drug abuse counselor certified pursuant to this section for whom the educational requirement set forth in paragraph (c) of subsection 1 is waived may provide services as an alcohol and drug abuse counselor only to those persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq.

      3.  A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.

      4.  A certified alcohol and drug abuse counselor may:

      (a) Engage in the practice of counseling alcohol and drug abusers; and

      (b) Diagnose or classify a person as an alcoholic or abuser of drugs.

      Sec. 126.  NRS 641C.420 is hereby amended to read as follows:

      641C.420  1.  The Board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:

      (a) Is not less than 21 years of age;

 


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      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Has a high school diploma or a general equivalency diploma;

      (d) Pays the fees required pursuant to NRS 641C.470;

      (e) Submits proof to the Board that he:

             (1) Is enrolled in a program from which he will receive an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; or

             (2) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; and

      (f) Submits [the statement required pursuant to NRS 641C.280.] all information required to complete an application for a certificate.

      2.  A certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.

      3.  A certified intern may, under the supervision of a licensed counselor:

      (a) Engage in the practice of counseling alcohol and drug abusers; and

      (b) Diagnose or classify a person as an alcoholic or drug abuser.

      Sec. 127.  NRS 641C.430 is hereby amended to read as follows:

      641C.430  The Board may issue a certificate as a problem gambling counselor to:

      1.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;

      (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

      (e) Has completed at least 2,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

      (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290;

      (g) Presents himself when scheduled for an interview at a meeting of the Board;

      (h) Pays the fees required pursuant to NRS 641C.470; and

      (i) Submits [the statement required pursuant to NRS 641C.280.] all information required to complete an application for a certificate.

      2.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Is licensed as:

             (1) A clinical social worker pursuant to chapter 641B of NRS;

             (2) A marriage and family therapist pursuant to chapter 641A of NRS;

             (3) A physician pursuant to chapter 630 of NRS;

             (4) A nurse pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;

 


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             (5) A psychologist pursuant to chapter 641 of NRS; or

             (6) An alcohol and drug abuse counselor pursuant to this chapter;

      (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

      (e) Has completed at least 1,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

      (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290;

      (g) Pays the fees required pursuant to NRS 641C.470; and

      (h) Submits [the statement required pursuant to NRS 641C.280.] all information required to complete an application for a certificate.

      Sec. 128.  NRS 641C.440 is hereby amended to read as follows:

      641C.440  1.  The Board may issue a certificate as a problem gambling counselor intern to a person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Submits proof to the Board that he:

             (1) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board; or

             (2) Is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board;

      (d) Has completed not less than 30 hours of training specific to problem gambling approved by the Board;

      (e) Demonstrates that a certified problem gambling counselor approved by the Board has agreed to supervise him in a setting approved by the Board;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits [the statement required pursuant to NRS 641C.280.] all information required to complete an application for a certificate.

      2.  A certificate as a problem gambling counselor intern is valid for 1 year and, except as otherwise provided in subsection 3, may be renewed.

      3.  A certificate as a problem gambling counselor intern issued to a person on the basis that he is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board may be renewed not more than nine times.

      4.  A certified problem gambling counselor intern may, under the supervision of a certified problem gambling counselor:

      (a) Engage in the practice of counseling problem gamblers; and

      (b) Assess and evaluate a person as a problem gambler.

      Sec. 129.  NRS 641C.450 is hereby amended to read as follows:

      641C.450  Except as otherwise provided in NRS 641C.320, 641C.440 and 641C.530, a person may renew his license or certificate by submitting to the Board:

      1.  An application for the renewal of his license or certificate;

      2.  The fee for the renewal of a license or certificate prescribed in NRS 641C.470;

      3.  Evidence of his completion of the continuing education required by the Board;

 


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      4.  If the applicant is a certified intern, the name of the licensed or certified counselor who supervises him; and

      5.  [The statement required pursuant to NRS 641C.280.] All information required to complete the renewal.

      Sec. 130.  NRS 641C.460 is hereby amended to read as follows:

      641C.460  1.  A license or certificate that is not renewed on or before the date on which it expires is delinquent. The Board shall, within 30 days after the license or certificate becomes delinquent, send a notice to the licensed or certified counselor or certified intern by certified mail, return receipt requested, to the address of the counselor or intern as indicated in the records of the Board.

      2.  A licensed or certified counselor or certified intern may renew a delinquent license or certificate within 60 days after the license or certificate becomes delinquent by complying with the requirements of NRS 641C.450 and paying, in addition to the fee for the renewal of the license or certificate, the fee for the renewal of a delinquent license or certificate prescribed in NRS 641C.470.

      3.  A license or certificate expires 60 days after it becomes delinquent if it is not renewed within that period.

      4.  Except as otherwise provided in NRS 641C.530, a license or certificate that has expired may be restored if the applicant:

      (a) Submits to the Board an application to restore the license or certificate;

      (b) [Submits to the Board the statement required pursuant to NRS 641C.280;

      (c)] Pays the renewal fees for the period during which the license or certificate was expired and the fee for the restoration of a license or certificate prescribed in NRS 641C.470;

      [(d)] (c) Passes the oral and written examinations prescribed by the Board; [and

      (e)] (d) Submits to the Board evidence of his completion of the continuing education required by the Board [.] ; and

      (e) Submits all information required to complete the application.

      Sec. 131.  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 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;

 


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      (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.

      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. 132.  NRS 642.0195 is hereby amended to read as follows:

      642.0195  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a certificate of registration as an apprentice embalmer shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a certificate of registration as an apprentice embalmer shall submit to the Board 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.

      2.  The Board 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 certificate of registration; or

      (b) A separate form prescribed by the Board.

      3.  A license or certificate of registration described in subsection 1 may not be issued or renewed by the Board if the applicant:

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

 


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      (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 Board 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. 133.  NRS 642.0195 is hereby amended to read as follows:

      642.0195  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a license to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a certificate of registration as an apprentice embalmer shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license to practice the profession of embalming, a funeral director’s license, a license to conduct direct cremations or immediate burials or a certificate of registration as an apprentice embalmer shall submit to the Board 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.

      2.  The Board 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 certificate of registration; or

      (b) A separate form prescribed by the Board.

      3.  A license or certificate of registration described in subsection 1 may not be issued or renewed by the Board 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 Board 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. 134.  NRS 642.120 is hereby amended to read as follows:

      642.120  1.  If a licensee wishes to renew his license, the Board shall renew his license, except for cause, if the licensee complies with the provisions of this section.

      2.  The renewal fee prescribed in NRS 642.0696 and [the statement required pursuant to NRS 642.0195] all information required to complete the renewal are due on January 1 of each year.

 


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the renewal are due on January 1 of each year. If [the statement is not submitted or] the renewal fee is not paid or all required information is not submitted by February 1, a fee for the late renewal of the license will be added to the renewal fee, and in no case will the fee for late renewal be waived.

      3.  Upon receipt of [the statement,] the renewal fee , all required information and any fee for late renewal imposed pursuant to subsection 2, the Board shall issue a renewal certificate to the licensee.

      Sec. 135.  NRS 642.430 is hereby amended to read as follows:

      642.430  1.  The Board shall mail, on or before January 1 of each year, to each licensed funeral director and each person licensed to conduct direct cremations or immediate burials, addressed to him at his last known address, a notice that his renewal fee is due and that if the renewal fee is not paid by February 1, a fee for the late renewal of the license will be added to the renewal fee, and in no case will the fee for late renewal be waived.

      2.  Upon receipt of the renewal fee, [the statement required pursuant to NRS 642.0195] all information required to complete the renewal and any fee for late renewal imposed pursuant to subsection 1, the Board shall issue a renewal certificate to the licensee.

      Sec. 136.  NRS 642.440 is hereby amended to read as follows:

      642.440  When a licensed funeral director has for any reason allowed his license to lapse, the Board may reinstate such license if application therefor is made within a period of 3 years from the time of the lapse and is accompanied by [the statement required pursuant to NRS 642.0195 and all] :

      1.  All fees, including penalties, from the time of the lapse to date of reinstatement [.] ; and

      2.  All information required to complete the reinstatement.

      Sec. 137.  NRS 643.090 is hereby amended to read as follows:

      643.090  1.  Each applicant for a license as a barber or an apprentice must file an application verified by him for an examination before the Board.

      2.  The application must be in a form prescribed by the Board . [and include the social security number of the applicant.]

      3.  Each application must be accompanied by the fees prescribed by subsection 4.

      4.  The Board shall annually fix the examination fees, which must not be more than $100.

      5.  Each applicant must, at the time of filing the application, file a certificate signed by a licensed physician certifying that the applicant is free from tuberculosis and other communicable diseases.

      6.  Each applicant must submit all information required to complete the application.

      Sec. 138.  NRS 643.095 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license as a barber, an apprentice or an instructor shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a barber, an apprentice or an instructor must submit to the Board 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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      2.  The Board 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 Board.

      3.  A license as a barber, an apprentice or an instructor may not be issued or renewed by the Board 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 Board 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. 139.  NRS 643.095 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license as a barber, an apprentice or an instructor shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license as a barber, an apprentice or an instructor must submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license as a barber, an apprentice or an instructor may not be issued or renewed by the Board 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 Board 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.

 


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      Sec. 140.  NRS 643.130 is hereby amended to read as follows:

      643.130  A license as a barber or an apprentice must be issued by the Board to any applicant who:

      1.  Passes an examination as provided for in NRS 643.070 and 643.080;

      2.  Possesses the other qualifications required by the provisions of this chapter;

      3.  [Submits the statement required pursuant to NRS 643.095; and

      4.]  Complies with the requirements set forth in the regulations of the Board [.] ; and

      4.  Submits all information required to complete an application for a license.

      Sec. 141.  NRS 643.140 is hereby amended to read as follows:

      643.140  1.  Each licensed barber and each licensed apprentice who continues in active practice or service shall biennially, on or before April 1 of each even-numbered year, renew his license and pay the required fee. The Board shall fix the fee for renewal of a license, which must not be more than $60. [The statement required pursuant to NRS 643.095] All information required to complete the renewal must be submitted with the fee. Every license which has not been renewed before May 1 of an even-numbered year expires on that date.

      2.  A licensed barber or a licensed apprentice whose license has expired may have his license restored immediately upon [submission of the statement required pursuant to NRS 643.095 and] payment of the required restoration fee and submission of all required information at any time within 2 years after the expiration of his license. The Board shall fix the restoration fee, which must not be more than $120.

      Sec. 142.  NRS 643.1775 is hereby amended to read as follows:

      643.1775  The Board shall license any person as an instructor who:

      1.  Has applied to the Board in writing on the form prescribed by the Board;

      2.  Holds a high school diploma or its equivalent;

      3.  Has paid the applicable fees;

      4.  Holds a license as a barber issued by the Board;

      5.  Submits [the statement required pursuant to NRS 643.095;] all information required to complete the application;

      6.  Has practiced not less than 5 years as a full-time licensed barber in this State, the District of Columbia or in any other state or country whose requirements for licensing barbers are substantially equivalent to those in this State;

      7.  Has successfully completed a training program for instructors conducted by a licensed barber school which consists of not less than 600 hours of instruction within a 6-month period; and

      8.  Has passed an examination for instructors administered by the Board.

      Sec. 143.  NRS 644.214 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, shall submit to the Board the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520.

 


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submit to the Board 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.

      2.  The Board 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 evidence of registration; or

      (b) A separate form prescribed by the Board.

      3.  A license or evidence of registration may not be issued or renewed by the Board pursuant to NRS 644.190 to 644.330, inclusive, 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 Board 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. 144.  NRS 644.214 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, shall submit to the Board 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.

      2.  The Board 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 evidence of registration; or

      (b) A separate form prescribed by the Board.

      3.  A license or evidence of registration may not be issued or renewed by the Board pursuant to NRS 644.190 to 644.330, inclusive, 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 Board 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.

 


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owed pursuant to the order, the Board 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. 145.  NRS 644.325 is hereby amended to read as follows:

      644.325  1.  An application for renewal of any license issued pursuant to this chapter must be:

      (a) Made on a form prescribed and furnished by the Board at any time during the month of June of the year in which the license expires;

      (b) [Accompanied by the statement required pursuant to NRS 644.214; and

      (c)] Accompanied by the fee for renewal [.] ; and

      (c) Accompanied by all information required to complete the renewal.

      2.  The fees for renewal are:

      (a) For manicurists, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists, not less than $30 and not more than $50.

      (b) For instructors, not less than $40 and not more than $60.

      (c) For cosmetological establishments, not less than $60 and not more than $100.

      (d) For schools of cosmetology, not less than $450 and not more than $500.

      3.  For each month or fraction thereof after July 1 in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $25 for a school of cosmetology and $10 for a cosmetological establishment and all persons licensed pursuant to this chapter.

      4.  An application for the renewal of a license as a cosmetologist, hair designer, aesthetician, electrologist, manicurist, demonstrator of cosmetics or instructor must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.

      Sec. 146.  NRS 644.330 is hereby amended to read as follows:

      644.330  1.  A manicurist, electrologist, aesthetician, hair designer, cosmetologist, demonstrator of cosmetics or instructor whose license has expired may have his license renewed only upon [submission of the statement required pursuant to NRS 644.214 and] payment of all required fees [.] and submission of all information required to complete the renewal.

      2.  Any manicurist, electrologist, aesthetician, hair designer, cosmetologist, demonstrator of cosmetics or instructor who retires from practice for more than 1 year may have his license restored only upon [submission of the statement required pursuant to NRS 644.214 and] payment of all required fees [.] and submission of all information required to complete the restoration.

      3.  No manicurist, electrologist, aesthetician, hair designer, cosmetologist, demonstrator of cosmetics or instructor who has retired from practice for more than 4 years may have his license restored without examination and must comply with any additional requirements established in regulations adopted by the Board.

      Sec. 147.  NRS 645.330 is hereby amended to read as follows:

      645.330  1.  Except as otherwise provided by specific statute, the Division may approve an application for a license for a person who meets all the following requirements:

 


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      (a) Has a good reputation for honesty, trustworthiness and integrity and who offers proof of those qualifications satisfactory to the Division.

      (b) Has not made a false statement of material fact on his application.

      (c) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.

      (d) [Has submitted the statement required pursuant to NRS 645.358 if the person is a natural person.

      (e)] Has passed the examination.

      (e) Has submitted all information required to complete the application.

      2.  The Division:

      (a) May deny a license to any person who has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in a real estate business without a license, possessing for the purpose of sale any controlled substance or any crime involving moral turpitude, in any court of competent jurisdiction in the United States or elsewhere; and

      (b) Shall not issue a license to such a person until at least 3 years after:

             (1) The person pays any fine or restitution ordered by the court; or

             (2) The expiration of the period of the person’s parole, probation or sentence,

Ê whichever is later.

      3.  Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country within 10 years before the date of the application is grounds for refusal to grant a license.

      4.  A person may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this State, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding the issuance of a broker’s license.

      Sec. 148.  NRS 645.350 is hereby amended to read as follows:

      645.350  1.  An application for a license as a real estate broker, broker-salesman or salesman must be submitted in writing to the Division upon blanks prepared or furnished by the Division.

      2.  Every application for a real estate broker’s, broker-salesman’s or salesman’s license must set forth the following information:

      (a) The name, age and address of the applicant. If the applicant is a partnership or an association which is applying to do business as a real estate broker, the application must contain the name and address of each member thereof. If the application is for a corporation which is applying to do business as a real estate salesman, real estate broker-salesman or real estate broker, the application must contain the name and address of each officer and director thereof. If the applicant is a limited-liability company which is applying to do business as a real estate broker, the company’s articles of organization must designate a manager, and the name and address of the manager and each member must be listed in the application.

      (b) In the case of a broker, the name under which the business is to be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicant’s company, firm, partnership or association.

 


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partnership or association. Except as otherwise provided in NRS 645.387, a license must not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license must not be issued under the same fictitious name to more than one licensee within the State. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.

      (c) In the case of a broker, the place or places, including the street number, city and county, where the business is to be conducted.

      (d) [If the applicant is a natural person, the social security number of the applicant.

      (e)] The business or occupation engaged in by the applicant for at least 2 years immediately preceding the date of the application, and the location thereof.

      [(f)] (e) The time and place of the applicant’s previous experience in the real estate business as a broker or salesman.

      [(g)] (f) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty or nolo contendere to a charge of felony and, if so, the nature of the felony.

      [(h)] (g) Whether the applicant has been convicted of or entered a plea of nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in the business of selling real estate without a license or any crime involving moral turpitude.

      [(i)] (h) Whether the applicant has been refused a real estate broker’s, broker-salesman’s or salesman’s license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state, district or territory of the United States or any other country.

      [(j)] (i) If the applicant is a member of a limited-liability company, partnership or association, or an officer of a corporation, the name and address of the office of the limited-liability company, partnership, association or corporation of which the applicant is a member or officer.

      (j) All information required to complete the application.

      3.  An applicant for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated, expressing the intent of that broker to associate the applicant with him and to be responsible for the applicant’s activities as a licensee.

      4.  If a limited-liability company, partnership or association is to do business as a real estate broker, the application for a broker’s license must be verified by at least two members thereof. If a corporation is to do business as a real estate broker, the application must be verified by the president and the secretary thereof.

      Sec. 149.  NRS 645.358 is hereby amended to read as follows:

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

      (a) A natural person who applies for the issuance of a license as a real estate broker, broker-salesman or salesman shall include the social security number of the applicant in the application submitted to the Board.

      (b) A natural person who applies for the issuance or renewal of a license as a real estate broker, broker-salesman or salesman shall submit to the Division 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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      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; or

      (b) A separate form prescribed by the Division.

      3.  A license as a real estate broker, broker-salesman or salesman may not be issued or renewed by the Division 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 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.

      Sec. 150.  NRS 645.358 is hereby amended to read as follows:

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

      (a) A natural person who applies for the issuance of a license as a real estate broker, broker-salesman or salesman shall include the social security number of the applicant in the application submitted to the Board.

      (b) A] , a natural person who applies for the issuance or renewal of a license as a real estate broker, broker-salesman or salesman shall submit to the Division 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.

      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; or

      (b) A separate form prescribed by the Division.

      3.  A license as a real estate broker, broker-salesman or salesman may not be issued or renewed by the Division 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 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.

 


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the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 151.  NRS 645.6065 is hereby amended to read as follows:

      645.6065  1.  Except as otherwise provided in NRS 645.607, a person shall not act as a qualified intermediary unless he is registered as such with the Division. The Division may adopt such regulations as it deems necessary to carry out the provisions of NRS 645.606 to 645.609, inclusive.

      2.  To apply for registration, a person must pay the Division a fee of $100 and a fee to pay the costs of an investigation of the person’s background.

      3.  In addition to the requirements set forth in subsection 2, the person must submit to the Division:

      (a) The following information on a form provided by the Division:

             (1) The applicant’s name, address and telephone number;

             (2) The name under which the applicant will hold the money or other property of a client;

             (3) The names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each; and

             (4) [If the applicant is a natural person, the social security number of the applicant; and

             (5)] The length of time the applicant has been engaged in the business of acting as such an intermediary; and

      (b) [If the person is a natural person, the statement required pursuant to NRS 645.6068.] All information required to complete the application.

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

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose; and

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

      5.  The Division may:

      (a) Submit the applicant’s fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

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

      6.  Registration pursuant to this section must be renewed each year on or before the date of the original registration by providing the information required by the Division for that purpose and paying a renewal fee of $75.

      Sec. 152.  NRS 645.6068 is hereby amended to read as follows:

      645.6068  1.  In addition to any other requirements set forth in this chapter:

      (a) A natural person who applies for the issuance of his registration as a qualified intermediary shall include the social security number of the applicant in the application submitted to the Board.

 


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      (b) A natural person who applies for the issuance or renewal of his registration as a qualified intermediary shall submit to the Division 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.

      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 registration; or

      (b) A separate form prescribed by the Division.

      3.  An applicant may not be registered as a qualified intermediary by the Division 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 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.

      Sec. 153.  NRS 645.6068 is hereby amended to read as follows:

      645.6068  1.  In addition to any other requirements set forth in this chapter [:

      (a) A natural person who applies for the issuance of his registration as a qualified intermediary shall include the social security number of the applicant in the application submitted to the Board.

      (b) A] , a natural person who applies for the issuance or renewal of his registration as a qualified intermediary shall submit to the Division 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.

      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 registration; or

      (b) A separate form prescribed by the Division.

      3.  An applicant may not be registered as a qualified intermediary by the Division 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 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.

 


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ê2005 Statutes of Nevada, Page 2779 (Chapter 501, SB 163)ê

 

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.

      Sec. 154.  NRS 645A.020 is hereby amended to read as follows:

      645A.020  1.  A person who wishes to be licensed as an escrow agent or agency must file a written application in the Office of the Commissioner.

      2.  The application must:

      (a) Be verified.

      (b) Be accompanied by the appropriate fee prescribed in NRS 645A.040.

      (c) State the location of the applicant’s principal office and branch offices in the State and residence address.

      (d) State the name under which the applicant will conduct business.

      (e) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each.

      (f) [If the applicant is a natural person, include the social security number of the applicant.

      (g)] Indicate the general plan and character of the business.

      [(h)] (g) State the length of time the applicant has been engaged in the escrow business.

      [(i)] (h) Require a financial statement of the applicant.

      [(j)] (i) Require such other information as the Commissioner determines necessary.

      [(k)] (j) If for an escrow agency, designate a natural person to receive service of process in this State for the agency.

      (k) Include all information required to complete the application.

      3.  If the Commissioner determines, after investigation, that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the business conducted will protect and safeguard the public, he shall issue a license to the applicant as an escrow agent or agency.

      4.  The Commissioner may waive the investigation required by subsection 3 if the applicant submits with his application satisfactory proof that he, in good standing, currently holds a license, or held a license, within 1 year before the date he submits his application, which was issued pursuant to the provisions of NRS 692A.103.

      5.  An escrow agent or agency shall immediately notify the Division of any material change in the information contained in the application.

      6.  A person may not be licensed as an escrow agent or agency or be a principal officer, director or trustee of an escrow agency if he is the holder of an active license issued pursuant to chapter 645 of NRS.

      Sec. 155.  NRS 645A.025 is hereby amended to read as follows:

      645A.025  1.  In addition to any other requirements set forth in this chapter:

      (a) A natural person who applies for the issuance of a license as an escrow agent or escrow agency shall include the social security number of the applicant in the application submitted to the Board.

      (b) A natural person who applies for the issuance or renewal of a license as an escrow agent or escrow agency shall submit to the Commissioner the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520.

 


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Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Commissioner.

      3.  A license as an escrow agent or escrow agency may not be issued or renewed by the Commissioner 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 Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 156.  NRS 645A.025 is hereby amended to read as follows:

      645A.025  1.  In addition to any other requirements set forth in this chapter [:

      (a) A natural person who applies for the issuance of a license as an escrow agent or escrow agency shall include the social security number of the applicant in the application submitted to the Board.

      (b) A] , a natural person who applies for the issuance or renewal of a license as an escrow agent or escrow agency shall submit to the Commissioner 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.

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

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

      (b) A separate form prescribed by the Commissioner.

      3.  A license as an escrow agent or escrow agency may not be issued or renewed by the Commissioner 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 Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

 


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ê2005 Statutes of Nevada, Page 2781 (Chapter 501, SB 163)ê

 

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. 157.  NRS 645A.040 is hereby amended to read as follows:

      645A.040  1.  Every license issued pursuant to the provisions of this chapter expires on July 1 of each year if it is not renewed. A license may be renewed by filing an application for renewal, paying the annual fee for the succeeding year and [, if the licensee is a natural person, submitting the statement required pursuant to NRS 645A.025.] submitting all information required to complete the renewal.

      2.  The fees for the issuance or renewal of a license for an escrow agency are:

      (a) For filing an application for an initial license, $500 for the principal office and $100 for each branch office.

      (b) If the license is approved for issuance, $200 for the principal office and $100 for each branch office. The fee must be paid before issuance of the license.

      (c) For filing an application for renewal, $200 for the principal office and $100 for each branch office.

      3.  The fees for the issuance or renewal of a license for an escrow agent are:

      (a) For filing an application for an initial license or for the renewal of a license, $100.

      (b) If a license is approved for issuance or renewal, $25. The fee must be paid before the issuance or renewal of the license.

      4.  If a licensee fails to [submit the statement required pursuant to NRS 645A.025 or] pay the fee or submit all required information for the annual renewal of his license before its expiration, his license may be renewed only upon the payment of a fee one and one-half times the amount otherwise required for renewal. A license may be renewed pursuant to this subsection only if [the required statement is submitted and] all the fees are paid and all required information is submitted within 1 year after the date on which the license expired.

      5.  In addition to the other fees set forth in this section, each applicant or licensee shall pay:

      (a) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.

      (b) For filing any change of information contained in the application, $10.

      (c) For each change of association with an escrow agency, $25.

      6.  Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.

      Sec. 158.  NRS 645B.020 is hereby amended to read as follows:

      645B.020  1.  A person who wishes to be licensed as a mortgage broker must file a written application for a license with the Office of the Commissioner and pay the fee required pursuant to NRS 645B.050. An application for a license as a mortgage broker must:

      (a) Be verified.

      (b) State the name, residence address and business address of the applicant and the location of each principal office and branch office at which the mortgage broker will conduct business within this State.

 


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ê2005 Statutes of Nevada, Page 2782 (Chapter 501, SB 163)ê

 

      (c) State the name under which the applicant will conduct business as a mortgage broker.

      (d) List the name, residence address and business address of each person who will:

             (1) If the applicant is not a natural person, have an interest in the mortgage broker as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.

             (2) Be associated with or employed by the mortgage broker as a mortgage agent.

      (e) [If the applicant is a natural person, include the social security number of the applicant.

      (f)] Include a general business plan and a description of the policies and procedures that the mortgage broker and his mortgage agents will follow to arrange and service loans and to conduct business pursuant to this chapter.

      [(g)] (f) State the length of time the applicant has been engaged in the business of a broker.

      [(h)] (g) Include a financial statement of the applicant and, if applicable, satisfactory proof that the applicant will be able to maintain continuously the net worth required pursuant to NRS 645B.115.

      (h) Include all information required to complete the application.

      (i) Include any other information required pursuant to the regulations adopted by the Commissioner or an order of the Commissioner.

      2.  If a mortgage broker will conduct business at one or more branch offices within this State, the mortgage broker must apply for a license for each such branch office.

      3.  Except as otherwise provided in this chapter, the Commissioner shall issue a license to an applicant as a mortgage broker if:

      (a) The application complies with the requirements of this chapter;

      [(b) The applicant submits the statement required pursuant to NRS 645B.023, if the applicant is required to do so; and

      (c)] and

      (b) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:

             (1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of a mortgage broker in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the Commissioner.

             (2) Has not been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage brokers or any crime involving fraud, misrepresentation or moral turpitude.

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

             (4) Has not had a license that was issued pursuant to the provisions of this chapter or chapter 645E of NRS suspended or revoked within the 10 years immediately preceding the date of his application.

             (5) Has not had a license that was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of his application.

             (6) Has not violated any provision of this chapter or chapter 645E of NRS, a regulation adopted pursuant thereto or an order of the Commissioner.

 


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      Sec. 159.  NRS 645B.023 is hereby amended to read as follows:

      645B.023  1.  In addition to any other requirements set forth in this chapter:

      (a) A natural person who applies for the issuance of a license as a mortgage broker shall include the social security number of the applicant in the application submitted to the Board.

      (b) A natural person who applies for the issuance or renewal of a license as a mortgage broker shall submit to the Commissioner 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.

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

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

      (b) A separate form prescribed by the Commissioner.

      3.  A license as a mortgage broker may not be issued or renewed by the Commissioner 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 Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 160.  NRS 645B.023 is hereby amended to read as follows:

      645B.023  1.  In addition to any other requirements set forth in this chapter [:

      (a) A natural person who applies for the issuance of a license as a mortgage broker shall include the social security number of the applicant in the application submitted to the Board.

      (b) A] , a natural person who applies for the issuance or renewal of a license as a mortgage broker shall submit to the Commissioner 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.

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

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

      (b) A separate form prescribed by the Commissioner.

      3.  A license as a mortgage broker may not be issued or renewed by the Commissioner 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.

 


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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 Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 161.  NRS 645B.050 is hereby amended to read as follows:

      645B.050  1.  A license as a mortgage broker issued pursuant to this chapter expires each year on June 30, unless it is renewed. To renew such a license, the licensee must submit to the Commissioner on or before May 31 of each year:

      (a) An application for renewal;

      (b) The fee required to renew the license pursuant to this section;

      (c) [If the licensee is a natural person, the statement required pursuant to NRS 645B.023; and

      (d)] The information required pursuant to NRS 645B.051 [.] ; and

      (d) All information required to complete the renewal.

      2.  If the licensee fails to submit any item required pursuant to subsection 1 to the Commissioner on or before May 31 of any year, the license is cancelled as of June 30 of that year. The Commissioner may reinstate a cancelled license if the licensee submits to the Commissioner:

      (a) An application for renewal;

      (b) The fee required to renew the license pursuant to this section;

      (c) [If the licensee is a natural person, the statement required pursuant to NRS 645B.023;

      (d)] The information required pursuant to NRS 645B.051; [and

      (e)] (d) Except as otherwise provided in this section, a reinstatement fee of $200 [.] ; and

      (e) All information required to complete the reinstatement.

      3.  Except as otherwise provided in NRS 645B.016, a certificate of exemption issued pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a certificate of exemption, a person must submit to the Commissioner on or before November 30 of each year:

      (a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter; and

      (b) The fee required to renew the certificate of exemption.

      4.  If the person fails to submit any item required pursuant to subsection 3 to the Commissioner on or before November 30 of any year, the certificate of exemption is cancelled as of December 31 of that year. Except as otherwise provided in NRS 645B.016, the Commissioner may reinstate a cancelled certificate of exemption if the person submits to the Commissioner:

      (a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter;

      (b) The fee required to renew the certificate of exemption; and

 


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      (c) Except as otherwise provided in this section, a reinstatement fee of $100.

      5.  Except as otherwise provided in this section, a person must pay the following fees to apply for, to be issued or to renew a license as a mortgage broker pursuant to this chapter:

      (a) To file an original application or a license, $1,500 for the principal office and $40 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary.

      (b) To be issued a license, $1,000 for the principal office and $60 for each branch office.

      (c) To renew a license, $500 for the principal office and $100 for each branch office.

      6.  Except as otherwise provided in this section, a person must pay the following fees to apply for or to renew a certificate of exemption pursuant to this chapter:

      (a) To file an application for a certificate of exemption, $200.

      (b) To renew a certificate of exemption, $100.

      7.  To be issued a duplicate copy of any license or certificate of exemption, a person must make a satisfactory showing of its loss and pay a fee of $10.

      8.  Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.

      9.  The Commissioner may, by regulation, increase any fee set forth in this section if the Commissioner determines that such an increase is necessary for the Commissioner to carry out his duties pursuant to this chapter. The amount of any increase in a fee pursuant to this subsection must not exceed the amount determined to be necessary for the Commissioner to carry out his duties pursuant to this chapter.

      Sec. 162.  NRS 645B.420 is hereby amended to read as follows:

      645B.420  1.  In addition to any other [requirement for the issuance of a license as a mortgage agent pursuant to NRS 645B.410, an] requirements set forth in this chapter:

      (a) An applicant for the issuance of [the license must include his] a license as a mortgage agent pursuant to this chapter shall include the social security number of the applicant in [his application.

      2.  In addition to any other requirement] the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a mortgage agent pursuant to [NRS 645B.410 or 645B.430, an applicant for the issuance or renewal of the license] this chapter shall submit to the Commissioner 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.

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

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

      (b) A separate form prescribed by the Commissioner.

      [4.] 3.  The license as a mortgage agent may not be issued or renewed by the Commissioner if the applicant:

 


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ê2005 Statutes of Nevada, Page 2786 (Chapter 501, SB 163)ê

 

      (a) Fails to submit the statement required pursuant to subsection [2;] 1; or

      (b) Indicates on the statement submitted pursuant to subsection [2] 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.

      [5.] 4.  If an applicant indicates on the statement submitted pursuant to subsection [2] 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 Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 163.  NRS 645B.420 is hereby amended to read as follows:

      645B.420  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a license as a mortgage agent pursuant to this chapter shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license as a mortgage agent pursuant to this chapter shall submit to the Commissioner 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.

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

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

      (b) A separate form prescribed by the Commissioner.

      3.  The license as a mortgage agent may not be issued or renewed by the Commissioner if the applicant:

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

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

      Sec. 164.  NRS 645C.295 is hereby amended to read as follows:

      645C.295  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 Board.

 


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      (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 Welfare Division of the Department of Human Resources 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.

      Sec. 165.  NRS 645C.295 is hereby amended to read as follows:

      645C.295  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 Board.

      (b) An] , 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 Welfare Division of the Department of Human Resources 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.

 


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ê2005 Statutes of Nevada, Page 2788 (Chapter 501, SB 163)ê

 

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.

      Sec. 166.  NRS 645C.300 is hereby amended to read as follows:

      645C.300  1.  Each application for a certificate, license or registration card must [include the social security number of the applicant and] be accompanied by [the] :

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

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

      (c) All information required to complete the application.

      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 on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose; and

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

      3.  The Division may:

      (a) Submit the applicant’s fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

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

      Sec. 167.  NRS 645C.320 is hereby amended to read as follows:

      645C.320  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;

      (c) [Who submits the statement required pursuant to NRS 645C.295; and

      (d)] 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 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.

 


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ê2005 Statutes of Nevada, Page 2789 (Chapter 501, SB 163)ê

 

      Sec. 168.  NRS 645D.170 is hereby amended to read as follows:

      645D.170  An application for a certificate must be in writing upon a form prepared and furnished by the Division. The application must include the following information:

      1.  The name, age [, address and social security number] and address of the applicant.

      2.  The place or places, including the street number, city and county, at which the applicant intends to maintain an office to conduct business as an inspector.

      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 applicant’s education and experience to qualify for a certificate.

      5.  Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty 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.  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.

      7.  Any other information relating to the qualifications or background of the applicant that the Division requires.

      8.  All other information required to complete the application.

      Sec. 169.  NRS 645D.195 is hereby amended to read as follows:

      645D.195  1.  In addition to any other requirements set forth in this chapter:

      (a) A person who applies for the issuance of a certificate shall include the social security number of the applicant in the application submitted to the Board.

      (b) A person who applies for the issuance or renewal of a certificate shall submit to the Administrator 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.

      2.  The Administrator 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 certificate; or

      (b) A separate form prescribed by the Administrator.

      3.  A certificate may not be issued or renewed by the Administrator 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 Administrator 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.

 


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ê2005 Statutes of Nevada, Page 2790 (Chapter 501, SB 163)ê

 

owed pursuant to the order, the Administrator 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. 170.  NRS 645D.195 is hereby amended to read as follows:

      645D.195  1.  In addition to any other requirements set forth in this chapter [:

      (a) A person who applies for the issuance of a certificate shall include the social security number of the applicant in the application submitted to the Board.

      (b) A] , a person who applies for the issuance or renewal of a certificate shall submit to the Administrator 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.

      2.  The Administrator 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 certificate; or

      (b) A separate form prescribed by the Administrator.

      3.  A certificate may not be issued or renewed by the Administrator 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 Administrator 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. 171.  NRS 645D.200 is hereby amended to read as follows:

      645D.200  1.  The Administrator shall issue a certificate to any person who:

      (a) Is of good moral character, honesty and integrity;

      (b) Has the education and experience prescribed in the regulations adopted pursuant to NRS 645D.120;

      (c) Has submitted proof that he or his employer holds a policy of insurance that complies with the requirements of subsection 1 of NRS 645D.190; and

      (d) Has submitted [the statement required pursuant to NRS 645D.195.] all information required to complete an application for a certificate.

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

      (a) Has been convicted of, or entered a plea of guilty 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;

      (c) Has had a certificate suspended or revoked pursuant to this chapter within the 10 years immediately preceding the date of his application; or

 


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ê2005 Statutes of Nevada, Page 2791 (Chapter 501, SB 163)ê

 

      (d) Has not submitted proof that he or his employer holds a policy of insurance that complies with the requirements of subsection 1 of NRS 645D.190.

      Sec. 172.  NRS 645E.210 is hereby amended to read as follows:

      645E.210  1.  In addition to [the] any other requirements set forth in [NRS 645E.200 and 645E.280, a] this chapter:

      (a) A natural person who applies for the issuance [or renewal] of a license as a mortgage banker shall [submit ] include the social security number of the applicant in the application submitted to the Commissioner . [:

      (a) In any application for issuance of a license, the social security number of the applicant and 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.

      (b) In any application]

      (b) A natural person who applies for the issuance or renewal of a license [,] as a mortgage banker shall submit to the Commissioner 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.

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

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

      (b) A separate form prescribed by the Commissioner.

      3.  The Commissioner shall not issue or renew a license as a mortgage banker 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 Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 173.  NRS 645E.210 is hereby amended to read as follows:

      645E.210  1.  In addition to any other requirements set forth in this chapter [:

      (a) A natural person who applies for the issuance of a license as a mortgage banker shall include the social security number of the applicant in the application submitted to the Commissioner.

      (b) A] , a natural person who applies for the issuance or renewal of a license as a mortgage banker shall submit to the Commissioner 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 2792 (Chapter 501, SB 163)ê

 

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

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

      (b) A separate form prescribed by the Commissioner.

      3.  The Commissioner shall not issue or renew a license as a mortgage banker 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 Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 174.  NRS 648.085 is hereby amended to read as follows:

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

      (a) A natural person who applies for the issuance of a license or work card issued pursuant to this chapter shall include the social security number of the applicant in the application submitted to the Board.

      (b) A natural person who applies for the issuance or renewal of a license or work card issued pursuant to this chapter shall submit to the Board 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.

      2.  The Board 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 work card; or

      (b) A separate form prescribed by the Board.

      3.  A license or work card may not be issued or renewed by the Board pursuant to this chapter 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 Board 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.

 


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ê2005 Statutes of Nevada, Page 2793 (Chapter 501, SB 163)ê

 

      Sec. 175.  NRS 648.085 is hereby amended to read as follows:

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

      (a) A natural person who applies for the issuance of a license or work card issued pursuant to this chapter shall include the social security number of the applicant in the application submitted to the Board.

      (b) A] , a natural person who applies for the issuance or renewal of a license or work card issued pursuant to this chapter shall submit to the Board 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.

      2.  The Board 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 work card; or

      (b) A separate form prescribed by the Board.

      3.  A license or work card may not be issued or renewed by the Board pursuant to this chapter 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 Board 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. 176.  NRS 648.144 is hereby amended to read as follows:

      648.144  A license issued under the provisions of this chapter and the cards issued pursuant to NRS 648.142 expire on June 30 of each year. A licensee desiring a renewal of his license must file an application for renewal on or before June 30 on a form prescribed by the Board which is accompanied by the fee prescribed pursuant to NRS 648.120 and [, if the licensee is a natural person, the statement required pursuant to NRS 648.085.] all information required to complete the application for renewal. A renewal license for the next ensuing year must then be issued together with renewal cards for the persons described in subsection 3 of NRS 648.142.

      Sec. 177.  NRS 648.146 is hereby amended to read as follows:

      648.146  If a licensee fails to renew his license within the time fixed by NRS 648.144, his license is automatically forfeited, but may be reinstated within 30 days after the date of the forfeiture upon his compliance with the regulations of the Board, his submission of an application and all information required to complete the application and payment of a reinstatement fee of $100 . [and, if the licensee is a natural person, his submission of the statement required pursuant to NRS 648.085.] Reinstatement of a forfeited license does not prohibit the bringing of disciplinary proceedings for any act committed during the period of forfeiture.

 


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ê2005 Statutes of Nevada, Page 2794 (Chapter 501, SB 163)ê

 

      Sec. 178.  NRS 649.095 is hereby amended to read as follows:

      649.095  1.  An application for a license must be in writing and filed with the Commissioner on a form provided for that purpose.

      2.  The application must state:

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

      (b) The address of the applicant’s business and residence, including street and number.

      (c) The character of the business sought to be carried on.

      (d) The locations by street and number where the business will be transacted.

      (e) [If the applicant is a natural person, the social security number of the applicant.

      (f)] In the case of a firm or partnership, the full names and residential addresses of all members or partners and the name and residential address of the manager.

      [(g)] (f) In the case of a corporation or voluntary association, the name and residential address of each of the directors and officers and the name and residential address of the manager.

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

      (h) All information required to complete the application.

      3.  The application must be subscribed by the applicant and acknowledged.

      4.  Every applicant may be examined concerning his competency, experience, character and qualifications by the Commissioner or his authorized agent, and if the examination reveals that the applicant lacks any of the required qualifications, issuance of the license must be denied. Every application must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant.

      Sec. 179.  NRS 649.145 is hereby amended to read as follows:

      649.145  1.  If the Commissioner enters an order approving the application in accordance with NRS 649.135 and the applicant passes the required examination, pays the required license fee and [, if the applicant is a natural person, submits the statement required pursuant to NRS 649.233,] submits all information required to complete the application, the Commissioner shall grant and issue a license to the applicant.

      2.  The license, when issued, must state:

      (a) The name of the licensee.

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

      (c) The number and the date of the license.

      (d) That it is issued pursuant to this chapter, and that the licensee is authorized under this chapter.

      Sec. 180.  NRS 649.185 is hereby amended to read as follows:

      649.185  Each person who is, or desires to become, the manager of a collection agency shall submit an application for a manager’s certificate to the Commissioner in accordance with the provisions of this chapter. The application must include [the social security number of the applicant.] all information required to complete the application.

 


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ê2005 Statutes of Nevada, Page 2795 (Chapter 501, SB 163)ê

 

      Sec. 181.  NRS 649.233 is hereby amended to read as follows:

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

      (a) A natural person who applies for the issuance of a license as a collection agent or agency or a manager’s certificate shall include the social security number of the applicant in the application submitted to the Board.

      (b) A natural person who applies for the issuance or renewal of a license as a collection agent or agency or a manager’s certificate shall submit to the Commissioner 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.

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

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

      (b) A separate form prescribed by the Commissioner.

      3.  A license as a collection agent or agency or a manager’s certificate may not be issued or renewed by the Commissioner 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 Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 182.  NRS 649.233 is hereby amended to read as follows:

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

      (a) A natural person who applies for the issuance of a license as a collection agent or agency or a manager’s certificate shall include the social security number of the applicant in the application submitted to the Board.

      (b) A] , a natural person who applies for the issuance or renewal of a license as a collection agent or agency or a manager’s certificate shall submit to the Commissioner 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.

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

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

      (b) A separate form prescribed by the Commissioner.

      3.  A license as a collection agent or agency or a manager’s certificate may not be issued or renewed by the Commissioner if the applicant is a natural person who:

 


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ê2005 Statutes of Nevada, Page 2796 (Chapter 501, SB 163)ê

 

      (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 Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 183.  NRS 649.245 is hereby amended to read as follows:

      649.245  1.  A collection agency or manager desiring a renewal of a license or certificate which will expire shall file in the Office of the Commissioner, on or before June 1 in each year following the year of original issuance, a renewal application, stating in addition to the matters required in the original application the date and number of the license or certificate which will expire. The renewal application must be accompanied by the renewal fee and [, if the licensee is a natural person, the statement required pursuant to NRS 649.233.] all information required to complete the renewal application.

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

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

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

      Sec. 184.  NRS 652.095 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license or certificate issued pursuant to NRS 652.125 shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license or certificate issued pursuant to NRS 652.125 shall submit to the Board 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.

      2.  The Board 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license or certificate may not be issued or renewed by the Board pursuant to NRS 652.125 if the applicant:

 


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ê2005 Statutes of Nevada, Page 2797 (Chapter 501, SB 163)ê

 

      (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 Board 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. 185.  NRS 652.095 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license or certificate issued pursuant to NRS 652.125 shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license or certificate issued pursuant to NRS 652.125 shall submit to the Board 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.

      2.  The Board 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license or certificate may not be issued or renewed by the Board pursuant to NRS 652.125 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 Board 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. 186.  NRS 654.140 is hereby amended to read as follows:

      654.140  1.  The Board shall prescribe and furnish an application form for the use of all persons who desire to be licensed pursuant to this chapter.

      2.  All applications filed with the Board must [include the social security number of the applicant and] be accompanied by all information required to complete the application and the required fee fixed by the Board in an amount not to exceed:

      (a) For an administrator of a residential facility for groups, $150.

 


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      (b) For a nursing facility administrator, $250.

      3.  The Board may fix and charge an additional fee to cover the cost of administering the examinations if the Board determines that there is not sufficient money from other sources to cover such costs.

      Sec. 187.  NRS 654.145 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license as a nursing facility administrator or an administrator of a residential facility for groups shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a nursing facility administrator or an administrator of a residential facility for groups shall submit to the Board 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.

      2.  The Board 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 Board.

      3.  A license as a nursing facility administrator or an administrator of a residential facility for groups may not be issued or renewed by the Board 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 Board 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. 188.  NRS 654.145 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license as a nursing facility administrator or an administrator of a residential facility for groups shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license as a nursing facility administrator or an administrator of a residential facility for groups shall submit to the Board 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.

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

 


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ê2005 Statutes of Nevada, Page 2799 (Chapter 501, SB 163)ê

 

      (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 Board.

      3.  A license as a nursing facility administrator or an administrator of a residential facility for groups may not be issued or renewed by the Board 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 Board 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. 189.  NRS 654.150 is hereby amended to read as follows:

      654.150  Each applicant for licensure as a nursing facility administrator pursuant to this chapter must:

      1.  Be of good moral character and physically and emotionally capable of administering a facility for skilled nursing or facility for intermediate care.

      2.  Have satisfactorily completed a course of instruction and training prescribed or approved by the Board, including the study of:

      (a) The needs which are to be properly served by a facility for skilled nursing or facility for intermediate care;

      (b) The laws governing the operation of a facility and the protection of the patients’ interests; and

      (c) The elements of good administration of a facility.

Ê In lieu of the specific requirements of this subsection, the applicant may present other evidence satisfactory to the Board of sufficient education, training or experience by which he would be qualified to administer, supervise and manage a facility.

      3.  Pass an examination conducted and prescribed by the Board pursuant to the provisions of this chapter.

      4.  Submit with his application:

      (a) A complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) A fee to cover the actual cost of obtaining the report from the Federal Bureau of Investigation.

      5.  [Submit the statement required pursuant to NRS 654.145.

      6.]  Meet such other standards and qualifications as the Board may from time to time establish.

      6.  Submit all information required to complete the application.

      Sec. 190.  NRS 654.155 is hereby amended to read as follows:

      654.155  Each applicant for licensure as an administrator of a residential facility for groups pursuant to this chapter must:

      1.  Be at least 21 years of age;

 


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ê2005 Statutes of Nevada, Page 2800 (Chapter 501, SB 163)ê

 

      2.  Be a citizen of the United States or lawfully entitled to remain and work in the United States;

      3.  Be of good moral character and physically and emotionally capable of administering a residential facility for groups;

      4.  Have satisfactorily completed a course of instruction and training prescribed or approved by the Board or be qualified by reason of his education, training or experience to administer, supervise and manage a residential facility for groups;

      5.  Pass an examination conducted and prescribed by the Board;

      6.  Submit with his application:

      (a) A complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) A fee to cover the actual cost of obtaining the report from the Federal Bureau of Investigation; [and

      (c) The statement required pursuant to NRS 654.145; and]

      7.  Comply with such other standards and qualifications as the Board prescribes [.] ; and

      8.  Submit all information required to complete the application.

      Sec. 191.  NRS 654.170 is hereby amended to read as follows:

      654.170  1.  The Board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 or 654.155 and shall affix its official seal to the license.

      2.  Each license issued by the Board pursuant to this chapter expires 2 years after the last day of the calendar month in which it was issued and may be renewed on or before that date biennially.

      3.  Any licensed nursing facility administrator or administrator of a residential facility for groups may renew his license by applying for renewal in the manner prescribed by the Board, [submitting the statement required pursuant to NRS 654.145 and] paying the renewal fee fixed by the Board [.] and submitting all information required to complete the renewal.

      4.  The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with:

      (a) The requirements for continuing education adopted by the Board; and

      (b) The duties of the administrator set forth in NRS 449.0357.

      Sec. 192.  NRS 655.075 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a permit shall include the social security number of the applicant in the application submitted to the sheriff of the county in which the principal place of business of the applicant is located.

      (b) An applicant for the issuance or renewal of a permit shall submit to the sheriff of the county in which the principal place of business of the applicant is located 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.

      2.  The sheriff of a county 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 permit; or

 


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ê2005 Statutes of Nevada, Page 2801 (Chapter 501, SB 163)ê

 

      (b) A separate form prescribed by the sheriff.

      3.  A permit may not be issued or renewed by the sheriff of a county 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 sheriff 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. 193.  NRS 655.075 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a permit shall include the social security number of the applicant in the application submitted to the sheriff of the county in which the principal place of business of the applicant is located.

      (b) An] , an applicant for the issuance or renewal of a permit shall submit to the sheriff of the county in which the principal place of business of the applicant is located 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.

      2.  The sheriff of a county 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 permit; or

      (b) A separate form prescribed by the sheriff.

      3.  A permit may not be issued or renewed by the sheriff of a county 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 sheriff 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. 194.  NRS 656.150 is hereby amended to read as follows:

      656.150  1.  Each applicant for a certificate must file an application with the Executive Secretary of the Board at least 30 days before the date fixed for examination. The application must [include the social security number of the applicant and] be accompanied by the required fee [.]

 


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ê2005 Statutes of Nevada, Page 2802 (Chapter 501, SB 163)ê

 

number of the applicant and] be accompanied by the required fee [.] and all information required to complete the application.

      2.  No certificate may be issued until the applicant has passed the examination prescribed by the Board and paid the fee as provided in NRS 656.220.

      Sec. 195.  NRS 656.155 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license or certificate shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license or certificate shall submit to the Board 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.

      2.  The Board 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 certificate; or

      (b) A separate form prescribed by the Board.

      3.  A license or certificate may not be issued or renewed by the Board 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 Board 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. 196.  NRS 656.155 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license or certificate shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license or certificate shall submit to the Board 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.

      2.  The Board 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 certificate; or

      (b) A separate form prescribed by the Board.

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

 


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ê2005 Statutes of Nevada, Page 2803 (Chapter 501, SB 163)ê

 

      (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 Board 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. 197.  NRS 656.180 is hereby amended to read as follows:

      656.180  An applicant for a certificate of registration as a certified court reporter is entitled to a certificate if he:

      1.  Is a citizen of the United States or lawfully entitled to remain and work in the United States;

      2.  Is at least 18 years of age;

      3.  Is of good moral character;

      4.  Has a high school education or its equivalent;

      5.  [Submits the statement required pursuant to NRS 656.155;

      6.]  Satisfactorily passes an examination administered by the Board; [and

      7.] 6.  Pays the requisite fees [.] ; and

      7.  Submits all information required to complete an application for a certificate of registration.

      Sec. 198.  NRS 656.185 is hereby amended to read as follows:

      656.185  1.  It is unlawful for any person to conduct business as a court reporting firm or to advertise or put out any sign or card or other device which may indicate to members of the public that he is entitled to conduct such a business without first obtaining a license from the Board.

      2.  Each applicant for a license as a court reporting firm must file an application with the Executive Secretary of the Board on a form prescribed by the Board.

      3.  The application must:

      (a) Include the [social security number and] federal identification number of the applicant;

      (b) [Be accompanied by the statement required pursuant to NRS 656.155; and

      (c)] Be accompanied by the required fee [.] ; and

      (c) Include all information required to complete the application.

      4.  To obtain a license pursuant to this section, an applicant need not hold a certificate of registration as a certified court reporter.

      Sec. 199.  NRS 656.187 is hereby amended to read as follows:

      656.187  1.  A license as a court reporting firm expires on June 30 of each year and may be renewed if, before that date, the licensee submits to the Board:

      (a) An application for renewal on a form prescribed by the Board;

      (b) [The statement required pursuant to NRS 656.155; and

      (c)] The required fee for renewal [.] ; and

      (c) All information required to complete the renewal.

 


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ê2005 Statutes of Nevada, Page 2804 (Chapter 501, SB 163)ê

 

      2.  A license that expires pursuant to the provisions of this section may be reinstated if the applicant:

      (a) Complies with the provisions of subsection 1; and

      (b) Submits to the Board the required fee for reinstatement.

      Sec. 200.  NRS 656.200 is hereby amended to read as follows:

      656.200  1.  To renew a certificate of registration a court reporter must:

      (a) Apply to the Board for renewal;

      (b) [Submit the statement required pursuant to NRS 656.155;

      (c)] Pay the annual renewal fee prescribed by the Board; [and

      (d)] (c) Submit evidence to the Board of his completion of the requirements for continuing education established by the Board [.] ; and

      (d) Submit all information required to complete the renewal.

      2.  The Board shall adopt regulations requiring court reporters to participate in continuing education or training as a prerequisite to the renewal or restoration of a certificate. If a court reporter fails to comply with the requirements, the Board may suspend or revoke his certificate.

      3.  The failure of any court reporter to submit [the statement required pursuant to NRS 656.155] all information required to complete the renewal or pay in advance the annual renewal fee which may be fixed by the Board as necessary to defray the expense of administering the provisions of this chapter results in the suspension of the reporter’s right to engage in the practice of court reporting. The suspension must not be terminated until [the statement] all required information has been submitted and all delinquent fees have been paid.

      4.  A court reporter whose certificate of registration has been suspended because of his failure to submit [the statement] all required information or pay the renewal fee:

      (a) May within 2 years thereafter have his certificate reinstated without examination upon submission of [the statement] all required information and payment of the fees set forth in paragraph (e) of subsection 1 of NRS 656.220.

      (b) While he was on active military duty or in training before induction, may have his certificate renewed without payment of any fee if he files an application for renewal, [the statement required pursuant to NRS 656.155 and] an affidavit of such service with the Board within 2 years after the termination of the service [.] and all information required to complete the renewal.

      Sec. 201.  NRS 425.500 is hereby amended to read as follows:

      425.500  As used in NRS 425.500 to 425.560, inclusive, unless the context otherwise requires, “agency that issues a professional [, occupational or recreational] or occupational license, certificate or permit [” means the Department of Wildlife and] pursuant to title 54 of NRS” means any officer, agency, board or commission of this State which has the authority to regulate a profession or occupation pursuant to title 54 of NRS and which is prohibited by specific statute from issuing or renewing a license, certificate or permit unless the applicant for the issuance or renewal of that license, certificate or permit submits to the officer, agency, board or commission the statement prescribed by the Division pursuant to NRS 425.520.

      Sec. 202.  NRS 425.520 is hereby amended to read as follows:

      425.520  1.  The Division shall prescribe, by regulation, a statement which must be submitted to an agency that issues a professional [, occupational or recreational] or occupational license, certificate or permit [, other than the Department of Wildlife,] pursuant to title 54 of NRS by an applicant for the issuance or renewal of such a license, certificate or permit.

 


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ê2005 Statutes of Nevada, Page 2805 (Chapter 501, SB 163)ê

 

occupational or recreational] or occupational license, certificate or permit [, other than the Department of Wildlife,] pursuant to title 54 of NRS by an applicant for the issuance or renewal of such a license, certificate or permit.

      2.  The statement prescribed pursuant to subsection 1 must:

      (a) Provide the applicant with an opportunity to indicate that:

             (1) He is not subject to a court order for the support of a child;

             (2) He is subject to a court order for the support of one or more children and is in compliance with the order or is in compliance with 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; or

             (3) He is subject to a court order for the support of one or more children 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;

      (b) Include a statement that the application for the issuance or renewal of the license, certificate or permit will be denied if the applicant does not indicate on the statement which of the provisions of paragraph (a) applies to the applicant; and

      (c) Include a space for the signature of the applicant.

      Sec. 203.  NRS 425.530 is hereby amended to read as follows:

      425.530  1.  Each district attorney or other public agency collecting support for children shall send a notice by certified mail, restricted delivery, with return receipt requested to each person who [:] is issued a professional or occupational license, certificate or permit pursuant to title 54 of NRS and:

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

      (b) Is in arrears in the payment for the support of one or more children.

Ê The notice must include the information set forth in subsections 2 and 3 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

      2.  If the person does not, within 30 days after he receives the notice required by subsection 1:

      (a) Comply with the subpoena or warrant;

      (b) Satisfy the arrearage pursuant to NRS 425.560; or

      (c) Submit to the district attorney or other public agency a written request for a hearing,

Ê the district attorney or other public agency shall request in writing that the master suspend [all professional, occupational and recreational licenses, certificates and permits] any professional or occupational license, certificate or permit issued pursuant to title 54 of NRS to that person.

      3.  If the master receives from a district attorney or other public agency a request to suspend [the professional, occupational and recreational licenses, certificates and permits] any professional or occupational license, certificate or permit issued pursuant to title 54 of NRS to a person, the master shall enter a recommendation determining whether the person:

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

      (b) Is in arrears in the payment for the support of one or more children.

 


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ê2005 Statutes of Nevada, Page 2806 (Chapter 501, SB 163)ê

 

Ê As soon as practicable after the master enters his recommendation, the district attorney or other public agency shall notify the person by first-class mail of the recommendation of the master.

      4.  If a person requests a hearing within the period prescribed in subsection 2, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of his recommendation at the conclusion of the hearing or as soon thereafter as is practicable.

      Sec. 204.  NRS 425.540 is hereby amended to read as follows:

      425.540  1.  If a master enters a recommendation determining that a person [:] who is issued a professional or occupational license, certificate or permit pursuant to title 54 of NRS:

      (a) Has 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) Is in arrears in the payment for the support of one or more children,

Ê and the district court issues an order approving the recommendation of the master, the court shall provide a copy of the order to all agencies that issue professional [, occupational or recreational] or occupational licenses, certificates or permits [.] pursuant to title 54 of NRS.

      2.  A court order issued pursuant to subsection 1 must provide that if the person named in the order does not, within 30 days after the date on which the order is issued, submit to any agency that has issued a professional [, occupational or recreational] or occupational license, certificate or permit pursuant to title 54 of NRS to that person a letter from the district attorney or other public agency stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560, [the professional, occupational or recreational licenses] any professional or occupational license, certificate or permit issued pursuant to title 54 of NRS to the person by that agency will be automatically suspended. [Such an order must not apply to a license, certificate or permit issued by the Department of Wildlife or the State Land Registrar if that license, certificate or permit expires less than 6 months after it is issued.]

      3.  If a court issues an order pursuant to subsection 1, the district attorney or other public agency shall send a notice by first-class mail to the person who is subject to the order. The notice must include:

      (a) If the person has failed to comply with a subpoena or warrant, a copy of the court order and a copy of the subpoena or warrant; or

      (b) If the person is in arrears in the payment for the support of one or more children:

             (1) A copy of the court order;

             (2) A statement of the amount of the arrearage; and

             (3) A statement of the action that the person may take to satisfy the arrearage pursuant to NRS 425.560.

      Sec. 205.  NRS 425.550 is hereby amended to read as follows:

      425.550  The district attorney or other public agency shall, within 5 days after a person who is issued a professional or occupational license, certificate or permit pursuant to title 54 of NRS and is subject to a court order issued pursuant to NRS 425.540 complies with the subpoena or warrant or satisfies the arrearage pursuant to NRS 425.560, provide to the person who is subject to the order a letter stating that the person has complied with the subpoena or warrant or has satisfied the arrearage. The district attorney or other public agency shall also mail a copy of that letter to all of the agencies to which a copy of the order was provided pursuant to NRS 425.540.

 


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ê2005 Statutes of Nevada, Page 2807 (Chapter 501, SB 163)ê

 

all of the agencies to which a copy of the order was provided pursuant to NRS 425.540.

      Sec. 206.  NRS 425.560 is hereby amended to read as follows:

      425.560  For the purposes of NRS [425.500] 425.520 to 425.560, inclusive:

      1.  A person who is issued a professional or occupational license, certificate or permit pursuant to title 54 of NRS is in arrears in the payment for the support of one or more children if:

      (a) He:

             (1) Owes a total of more than $1,000 for the support of one or more children for which payment is past due; and

             (2) Is delinquent for not less than 2 months in payments for the support of one or more children or any payments ordered by a court for arrearages in such payments; or

      (b) He has failed to provide medical insurance for a child as required by a court order.

      2.  A person who is in arrears in the payment for the support of one or more children pursuant to subsection 1 may satisfy the arrearage by:

      (a) Paying all of the past due payments;

      (b) If he is unable to pay all past due payments:

             (1) Paying the amounts of the overdue payments for the preceding 12 months which a court has determined are in arrears; or

             (2) Entering into and complying with a plan for the repayment of the arrearages which is approved by the district attorney or other public agency enforcing the order; or

      (c) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.

      Sec. 207.  Section 518 of chapter 483, Statutes of Nevada 1997, as amended by section 57 of chapter 105, Statutes of Nevada 1999, at page 520, is hereby amended to read as follows:

       Sec. 518.  [The amendatory provisions of sections 1 to 4.5, inclusive,]

       1.  Sections 4, 4.5, 6 to 16, inclusive, 17 to 21, inclusive, 22 to 167, inclusive, 168 to 172, inclusive, 173 to 193, inclusive, 194 to 212, inclusive, 462 to 507, inclusive, 508, 509 to 509.3, inclusive, [and] 509.4 to 514, inclusive, 516 and 516.1 [, inclusive,] 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:

       [1.] (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

       [2.] (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.

       2.  Sections 1 to 3.8, inclusive, 214, 215, 222, 223, 228, 229, 234, 235, 239, 240, 244, 245, 247, 249, 250, 258, 259, 266, 267, 272, 273, 279, 280, 287, 288, 294, 295, 300, 301, 308, 309, 314, 316, 317, 322, 323, 329, 330, 335, 336, 344, 345, 349, 350, 356, 357, 360, 361, 366, 367, 371, 372, 376, 378, 379, 386, 387, 393, 394, 401 to 404, inclusive, 407, 410, 411, 416, 417, 422, 423, 426, 428, 429, 434, 435, 441, 442, 445, 446, 451, 453, 454, 457 and 458 of this act expire by limitation on the date 2 years after 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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inclusive, 407, 410, 411, 416, 417, 422, 423, 426, 428, 429, 434, 435, 441, 442, 445, 446, 451, 453, 454, 457 and 458 of this act expire by limitation on the date 2 years after 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.

      Sec. 208.  Section 5 of chapter 74, Statutes of Nevada 1999, at page 170, is hereby amended to read as follows:

       Sec. 5.  1.  This act becomes effective on July 1, 1999.

       2.  Section 3 of this act expires by limitation on the date 2 years after 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.

      Sec. 209.  Section 18 of chapter 272, Statutes of Nevada 1999, at page 1157, is hereby amended to read as follows:

       Sec. 18.  [The amendatory provisions of sections 10,] Sections 11 and 16 of this act expire by limitation on the date 2 years after 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 or recreational licenses of persons who:

       1.  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

       2.  Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      Sec. 210.  Section 19 of chapter 291, Statutes of Nevada 1999, at page 1221, is hereby amended to read as follows:

       Sec. 19.  [The amendatory provisions of sections 15 to 18, inclusive,] Sections 15 and 16 of this act expire by limitation on the date 2 years after 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:

       1.  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

 


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       2.  Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      Sec. 211.  Section 38 of chapter 502, Statutes of Nevada 1999, at page 2587, is hereby amended to read as follows:

       Sec. 38.  1.  This section and sections 1 to 29, inclusive, and sections 31 to 37, inclusive, of this act become effective on October 1, 1999.

       2.  [Section 30] Sections 12 and 33 of this act [becomes effective] expire by limitation on the date 2 years after 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.

      Sec. 212.  Section 84 of chapter 574, Statutes of Nevada 1999, as amended by section 111 of chapter 10, Statutes of Nevada 2001, at page 210, is hereby amended to read as follows:

       Sec. 84.  1.  This section and sections 1 to 55, inclusive, 57, 59 to 72, inclusive, and 78 to 83, inclusive, of this act become effective on October 1, 1999.

       2.  Section 77.5 of this act becomes effective on January 1, 2000.

       3.  Sections 57.5 to 58.6, inclusive, of this act become effective on July 1, 2001.

       4.  Sections [73 to 77, inclusive, of this act become 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.

       5.  Sections 21,] 22 and 43 of this act expire by limitation on the date 2 years after 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.

 


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      Sec. 213.  Section 139 of chapter 646, Statutes of Nevada 1999, as last amended by section 18 of chapter 511, Statutes of Nevada 2001, at page 2476, is hereby amended to read as follows:

       Sec. 139.  1.  This section and section 130.5 of this act become effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act, and on September 30, 1999, for all other purposes.

       2.  Sections 1 to 101, inclusive, 103, 105 to 117, inclusive, 119 to 130, inclusive, and 131 to 138, inclusive, of this act become effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act, and on October 1, 1999, for all other purposes.

       3.  Sections 102, 104 and 118 of this act become effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act, and at 12:01 a.m. on October 1, 1999, for all other purposes.

       4.  Sections 15 , [and] 33 , 87 and 96 of this act expire by limitation on the date 2 years after 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.

      Sec. 214.  Section 56 of chapter 69, Statutes of Nevada 2001, at page 515, is hereby amended to read as follows:

       Sec. 56.  1.  This section and sections 1 to 53, inclusive, 55 and 57 of this act become effective on July 1, 2001.

       2.  [Section 54] Sections 34 and 45 of this act [becomes effective] expire by limitation on the date 2 years after 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.

      Sec. 215.  Section 94 of chapter 152, Statutes of Nevada 2001, as amended by section 14 of chapter 2, Statutes of Nevada 2003, at page 16, is hereby amended to read as follows:

       Sec. 94.  1.  This section becomes effective upon passage and approval.

       2.  Sections 1 to 90, inclusive, subsection 1 of section 91 and sections 92, 93 and 95 of this act become effective upon passage and approval for the purpose of adopting regulations and taking such other actions as necessary to regulate practitioners of respiratory care, and on July 1, 2001, for all other purposes.

 


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other actions as necessary to regulate practitioners of respiratory care, and on July 1, 2001, for all other purposes.

       3.  Subsection 2 of section 91 of this act becomes effective at 12:01 a.m. on July 1, 2001.

       4.  [The amendatory provisions of sections 8,] Sections 19 and 41 of this act expire by limitation on the date 2 years after 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.

      Sec. 216.  Section 23 of chapter 227, Statutes of Nevada 2001, at page 1013, is hereby amended to read as follows:

       Sec. 23.  1.  This section and sections 1 to 18, inclusive, 21 and 22 of this act become effective on July 1, 2001.

       2.  Sections [19 and 20] 10 and 13 of this act [become effective] expire by limitation on the date 2 years after 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.

      Sec. 217.  Chapter 265, Statutes of Nevada 2001, at page 1196, is hereby amended by adding thereto a new section to be designated as section 25, immediately following section 24, to read as follows:

       Sec. 25.  Sections 12 and 23 of this act expire by limitation on the date 2 years after 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)] 1.  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)] 2.  Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      Sec. 218.  Section 3 of chapter 327, Statutes of Nevada 2001, at page 1521, is hereby amended to read as follows:

       Sec. 3.  1.  This section becomes effective upon passage and approval.

       2.  Sections 1 and 2 of this act become effective upon passage and approval for the purposes of adopting regulations and taking such other actions as are necessary to carry out the provisions of this act, and on January 1, 2002, for all other purposes.

 


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other actions as are necessary to carry out the provisions of this act, and on January 1, 2002, for all other purposes.

       3.  Section 2 of this act expires by limitation on the date 2 years after 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.

      Sec. 219.  Section 12 of chapter 340, Statutes of Nevada 2001, as amended by section 43 of chapter 2, Statutes of Nevada 2003, at page 66, is hereby amended to read as follows:

       Sec. 12.  1.  This section and sections 1 to 5, inclusive, 7, 7.5 and 8 of this act become effective on October 1, 2001.

       2.  Section 6 of this act becomes effective on October 1, 2005.

       3.  [Sections 10 and 11 of this act become 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.

       4.]  Section 2 of this act expires by limitation on September 30, 2005.

       [5.  Section 9 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 only if that date occurs before September 30, 2005. If section 9 of this act becomes effective, that section expires by limitation on September 30, 2005.]

      Sec. 220.  Section 34 of chapter 89, Statutes of Nevada 2003, at page 522, is hereby amended to read as follows:

       Sec. 34.  1.  This section and sections 1 to 30, inclusive, and 33 of this act become effective on October 1, 2003.

       2.  Section 2 of this act expires by limitation on September 30, 2005 . [, or 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 2813 (Chapter 501, SB 163)ê

 

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, whichever occurs first.

       3.  Section 31 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 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, and expires by limitation on September 30, 2005.

       4.] 3.  Section 32 of this act becomes effective on October 1, 2005.

      Sec. 221.  Section 3 of chapter 130, Statutes of Nevada 2003, at page 673, is hereby amended to read as follows:

       Sec. 3.  [1.]  This act becomes effective upon passage and approval.

       [2.  Section 2 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 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.]

      Sec. 222.  Section 9 of chapter 162, Statutes of Nevada 2003, at page 860, is hereby amended to read as follows:

       Sec. 9.  [1.]  This act becomes effective on July 1, 2003.

       [2.  Section 5 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.

 


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       3.  Section 6 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 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.]

      Sec. 223.  Section 56 of chapter 173, Statutes of Nevada 2003, at page 913, is hereby amended to read as follows:

       Sec. 56.  Sections 28 and 29 of this act expire by limitation on the date 2 years after 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:

       1.  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

       2.  Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      Sec. 224.  Section 65 of chapter 243, Statutes of Nevada 2003, at page 1313, is hereby amended to read as follows:

       Sec. 65.  1.  This act becomes effective on July 1, 2003.

       2.  Sections 11, [17, 25,] 53, 54 and 56 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

      Sec. 225.  Section 28 of chapter 277, Statutes of Nevada 2003, at page 1424, is hereby amended to read as follows:

       Sec. 28.  1.  This section becomes effective upon passage and approval.

       2.  Sections 18 and 19 of this act become effective upon passage and approval for the purpose of adopting regulations and on January 1, 2004, for all other purposes.

       3.  Sections 1 to 17, inclusive, 20 to 23, inclusive, 26 and 27 of this act become effective on January 1, 2004.

       [4.  Sections 24 and 25 of this act become 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:

 


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ê2005 Statutes of Nevada, Page 2815 (Chapter 501, SB 163)ê

 

       (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.

       5.  Sections 7, 9 and 20 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

       (a) Have failed to comply with a subpoena or warrant relating to a 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.]

      Sec. 226.  Section 72 of chapter 284, Statutes of Nevada 2003, at page 1506, is hereby amended to read as follows:

       Sec. 72.  1.  This section and sections 1 to 23, inclusive, 24, 26 to [61,] 62, inclusive, 64, 65 , 66 and 68 to 71, inclusive, of this act become effective on July 1, 2003.

       2.  Section 23.5 of this act becomes effective on July 1, 2003, for the purpose of adopting regulations and on July 1, 2004, for all other purposes.

       3.  [Sections 62 and 66 of this act become effective on July 1, 2003, and expire by limitation 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.

       4.]  Sections 24.5 and 25.5 of this act become effective on July 1, 2004.

       [5.  Sections 63 and 67 of this act become 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.]

      Sec. 227.  Section 174 of chapter 292, Statutes of Nevada 2003, at page 1584, is hereby amended to read as follows:

       Sec. 174.  1.  This act becomes effective on July 1, 2003.

       2.  Sections 124, 125 and 126 of this act expire by limitation on the date 2 years after 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

 


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       (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.

      Sec. 228.  Section 20 of chapter 359, Statutes of Nevada 2003, at page 2108, is hereby amended to read as follows:

       Sec. 20.  1.  This section and sections 1, 3, 4, 5, 5.5, 7, 9, 11, 12, 14, 16, 17 and 19 and subsection 1 of section 18 of this act become effective upon passage and approval.

       2.  Sections 2, 6, 8, 10, 13 and 15 and subsection 2 of section 18 of this act become effective on February 1, 2004.

       3.  Section 9 of this act expires by limitation on the date 2 years after 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.

      Sec. 229.  Chapter 392, Statutes of Nevada 2003, at page 2302, is hereby amended by adding thereto a new section to be designated as section 51, immediately following section 50, to read as follows:

       Sec. 51.  Section 14 of this act expires by limitation on the date 2 years after 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:

       1.  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

       2.  Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      Sec. 230.  Section 73 of chapter 447, Statutes of Nevada 2003, at page 2735, is hereby amended to read as follows:

       Sec. 73.  [1.] This section and sections 1 to 53, inclusive, and 55 to 72, inclusive, of this act become effective on July 1, 2003.

       [2.  Section 53 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 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.

 

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