[Rev. 11/22/2013 9:18:09 AM--2013]

 

This chapter of NAC has changes which have been adopted but have not been codified; you can see those changes by viewing the following regulation(s) on the Nevada Register of Administrative Regulations: R065-12, R140-12

[NAC-481 Revised Date: 8-12]

CHAPTER 481 - ADMINISTRATION OF LAWS RELATING TO MOTOR VEHICLES

GENERAL PROVISIONS

481.005            “Seasonal resident” defined for purposes of chapters 482 and 483 of NRS.

481.035            Self-service terminals and kiosks: Nonrefundable processing fee.

PRACTICE BEFORE THE DEPARTMENT

Hearings

481.140            Definitions.

481.150            “Department” defined.

481.160            “Director” defined.

481.170            “Hearing officer” defined.

481.180            “Party” defined.

481.190            “Petitioner” defined.

481.200            Scope.

481.240            Appearances and representation of parties.

481.250            Formal pleadings not required.

481.260            Subpoenas.

481.270            Request for a hearing.

481.275            Correspondence; service of documents; fees; inspection of documents.

481.290            Postponement of hearings.

481.300            Failure to appear.

481.310            Prehearing conference.

481.315            Hearing officer; record.

481.325            Behavior at hearing.

481.330            Presentation of evidence.

481.335            Fees and expenses of witnesses.

481.340            Consolidation.

481.350            Briefs; oral argument.

481.355            Rehearing.

 

Other Administrative Remedies

481.400            Procedures for review of actions by the Department.

481.410            Procedures for declaratory orders and advisory opinions.

481.420            Procedures for adoption, amendment and repeal of regulations.

PRIVATE USE OF FILES AND RECORDS OF DEPARTMENT

481.500            Application; investigation.

481.510            Evaluation of application.

481.520            Fee.

481.530            Prohibited acts.

RELEASE OF PERSONAL INFORMATION FROM FILES AND RECORDS OF DEPARTMENT

481.550            Definitions; interpretation of certain statutory terms.

481.560            Procedure for requesting personal information by person who possesses notarized release.

481.570            Procedure for release of personal information relating to driver’s license, identification card, or title or registration of vehicle.

481.580            Procedure for opening account to facilitate requests for information; assignment of account number.

481.590            Release of personal information to representative of requester.

481.600            Procedure for request of personal information by governmental entity.

 

GENERAL PROVISIONS

      NAC 481.005  “Seasonal resident” defined for purposes of chapters 482 and 483 of NRS. (NRS 481.052)  As used in chapters 482 and 483 of NRS, “seasonal resident” means any person who is not a “resident” as defined in NRS 483.141 and who:

     1.  Temporarily resides in this State for a period of at least 31 consecutive days in each calendar year;

     2.  Maintains a temporary residence in this State;

     3.  Returns to the state or jurisdiction of his or her residence at least one time during each calendar year;

     4.  Is registered to vote or pays income tax in another state or jurisdiction; and

     5.  Does not engage in a trade, profession, occupation or gainful employment in this State.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R134-97, eff. 11-14-97; A by R061-00, 8-14-2000; A by Dep’t of Motor Veh. by R084-03, 10-30-2003)

      NAC 481.035  Self-service terminals and kiosks: Nonrefundable processing fee. (NRS 481.051)

     1.  In addition to any other applicable fee or tax, a customer who uses a self-service terminal or kiosk to complete a transaction with the Department must be charged a nonrefundable processing fee for the transaction.

     2.  The amount of the fee charged pursuant to subsection 1 must not exceed the amount authorized in the contract entered into by the Department with the supplier of the self-service terminal or kiosk pursuant to NRS 481.051.

     (Added to NAC by Dep’t of Motor Veh. by R050-11, 12-30-2011, eff. 2-27-2012)

PRACTICE BEFORE THE DEPARTMENT

Hearings

      NAC 481.140  Definitions. (NRS 233B.050, 481.051)  As used in NAC 481.140 to 481.355, inclusive, unless the context otherwise requires, the words and terms defined in NAC 481.150 to 481.190, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-11-86)

      NAC 481.150  “Department” defined. (NRS 233B.050, 481.051)  “Department” means the Department of Motor Vehicles.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-11-86)

      NAC 481.160  “Director” defined. (NRS 233B.050, 481.051)  “Director” means the Director of the Department.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-11-86)

      NAC 481.170  “Hearing officer” defined. (NRS 233B.050, 481.051)  “Hearing officer” means the Director or any person designated by the Director to conduct a hearing.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-11-86)

      NAC 481.180  “Party” defined. (NRS 233B.050, 481.051)  “Party” means the petitioner, a division of the Department, or the Department.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-11-86)

      NAC 481.190  “Petitioner” defined. (NRS 233B.050, 481.051)  “Petitioner” means a person who requests a hearing.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-11-86)

      NAC 481.200  Scope. (NRS 233B.050, 481.051)  NAC 481.140 to 481.355, inclusive, provide procedures for any hearing authorized by statute to be conducted by the Department.

     [Dep’t of Motor Veh., Practice Rule 1, eff. 12-22-69]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 3-11-86)

      NAC 481.240  Appearances and representation of parties. (NRS 233B.050, 481.051)

     1.  Appearances and representation of parties must be as follows:

     (a) A party is entitled to appear in person or be represented by his or her attorney.

     (b) One of the partners may appear for a partnership.

     (c) A corporate officer or an authorized regular employee of the corporation may appear for the corporation.

     (d) An authorized officer, agent, or employee of a municipal corporation may appear for it.

     (e) A bona fide officer or an authorized officer or employee of an association may appear for it.

     2.  An attorney appearing as counsel in any proceedings must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, he or she must be associated with an attorney licensed in Nevada in a manner consistent with the procedure established for such attorneys to appear as counsel in the courts of this State.

     [Dep’t of Motor Veh., Practice Rule 6 § 6.2, eff. 12-22-69]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 3-11-86; 7-18-88)

      NAC 481.250  Formal pleadings not required. (NRS 233B.050, 481.051)  Unless otherwise required by NAC 481.140 to 481.355, inclusive, formal written pleadings are not required, but a party may file with the hearing officer written points and authorities supporting his or her position.

     [Dep’t of Motor Veh., Practice Rule 2 § 2.4, eff. 12-22-69]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 3-11-86)

      NAC 481.260  Subpoenas. (NRS 233B.050, 481.051)

     1.  Upon application in writing of any party, a subpoena will be issued:

     (a) To require the attendance of a witness from any place in the State at any designated place to give oral testimony before the hearing officer; and

     (b) For the production of documents if the request clearly specifies and describes the documents desired.

Ê The application must specify the reason for requesting the subpoena.

     2.  If the request for a subpoena is granted, the subpoena will be issued within 5 business days after it was requested.

     3.  A subpoena will not be issued if the evidence to be offered is not material or relevant to the determination of the issues before the hearing officer. If a request for the issuance of a subpoena is denied, the hearing officer will notify the requesting party in writing, as soon as practicable, of the reasons for the denial.

     [Dep’t of Motor Veh., Practice Rule 8 § 8.6, eff. 12-22-69]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 3-11-86)

      NAC 481.270  Request for a hearing. (NRS 233B.050, 481.051)

     1.  Requests for a hearing pursuant to NRS 484C.230 may be made in writing or by telephone.

     2.  A request for a hearing will be denied if the issues raised by the request do not entitle the petitioner to relief by means of an administrative hearing.

     3.  If the request for a hearing is granted, the hearing will be set for the earliest date practicable. The Department will serve each party and his or her attorney, if applicable, with a notice of hearing.

     4.  If a request for a hearing is denied, the petitioner must be notified in writing, stating the reason for the denial.

     [Dep’t of Motor Veh., Practice Rule 3, eff. 12-22-69]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 3-11-86)

      NAC 481.275  Correspondence; service of documents; fees; inspection of documents. (NRS 233B.050, 481.051)

     1.  A request for a hearing and all correspondence regarding the hearing must be addressed to the appropriate division or hearings office of the Department at 555 Wright Way, Carson City, Nevada 89711-0900.

     2.  All documents shall be deemed served on:

     (a) The Department when received by the appropriate division or hearings office at the address in subsection 1;

     (b) A petitioner when they are mailed to the petitioner at the address specified in the request for a hearing or, if one is not specified, to his or her last known address as shown on the records of the Department; and

     (c) The Department when received by the legal office of the Department in the matter of an appeal of a decision by a hearing officer to a district court of this State.

     3.  Fees and remittances to the Department must be by money order, bank draft, or check payable to the Department.

     4.  A petitioner may inspect, before the hearing, all documents which may be considered by the hearing officer as part of the case presented by the Department. The petitioner may have a copy made of a document originating from the Department upon payment of a fee to reimburse the Department for the cost of providing the copy.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-11-86)

      NAC 481.290  Postponement of hearings. (NRS 233B.050, 481.051)

     1.  A party may request a change of the date for the hearing. If the hearing officer grants a postponement of the hearing, a new date will be set which is not more than 30 days after the date scheduled for the first hearing except for good cause.

     2.  Except for good cause, the request for a postponement of the hearing must:

     (a) Be in writing;

     (b) State the reason for the postponement; and

     (c) Be received by the hearing officer no later than 5 days before the scheduled hearing.

     [Dep’t of Motor Veh., Practice Rule 5 §§ 5.2 & 5.3 + Rule 8 § 8.7, eff. 12-22-69]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 3-11-86)

      NAC 481.300  Failure to appear. (NRS 233B.050, 481.051)

     1.  Where the Department has served the petitioner with a notice of the time and place of the hearing and neither the petitioner nor the petitioner’s attorney appears and that failure to attend is without good cause, the failure to attend constitutes a default.

     2.  If the failure to appear was for good cause, the party may make a new request for a hearing. The hearing officer will determine whether the failure to appear was for good cause and if so, grant a new hearing.

     [Dep’t of Motor Veh., Practice Rule 5 §§ 5.4 & 5.5, eff. 12-22-69]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 3-11-86)

      NAC 481.310  Prehearing conference. (NRS 233B.050, 481.051)

     1.  A prehearing conference may be held, upon the motion of the hearing officer or upon the motion of any party, to formulate or simplify the issues, obtain admissions of fact and of documents which will avoid unnecessary proof, arrange for the exchange of proposed exhibits or prepared expert testimony, limit the number of witnesses, and consider any other matters which may expedite orderly conduct and disposition of the proceedings or a settlement of the matter.

     2.  Notice of the prehearing conference will be served on each party at least 7 days before the date set for the conference.

     3.  The action taken at the conference and the agreements made there by the parties will be made a part of the record and must be approved by the parties. When approved, the action controls the course of subsequent proceedings, unless otherwise stipulated by each party with the consent of the hearing officer.

     [Dep’t of Motor Veh., Practice Rule 7, eff. 12-22-69]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 3-11-86)

      NAC 481.315  Hearing officer; record. (NRS 233B.050, 481.051)  Every hearing will be conducted before a hearing officer and the oral proceedings recorded by equipment for recording sound. The record will be retained for a period of 90 days after the date of the decision. A certified copy of the taped record will be made available to a party upon written request to the Director. The requesting party shall pay the cost of producing the copy.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-11-86)

      NAC 481.325  Behavior at hearing. (NRS 233B.050, 481.051)  If any person behaves in such a manner as to interfere with the orderly conduct of the hearing, the hearing officer will warn the person to cease the improper behavior. The warning will be part of the record. If the improper behavior continues or resumes, the hearing officer will exclude that person from the hearing.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-11-86)

      NAC 481.330  Presentation of evidence. (NRS 233B.050, 481.051)

     1.  In all hearings, unless otherwise ordered by the hearing officer, the Department will present its evidence first and has the right of rebuttal.

     2.  When objection is made to the admissibility of evidence, the evidence will be received subject to a ruling by the hearing officer.

     3.  The affidavit of any person may be admitted into evidence. All parties have the right to present evidence to rebut the contents of any affidavit.

     4.  Witnesses may be questioned by the hearing officer. The hearing may be recessed by the hearing officer when necessary.

     5.  The hearing officer will adjourn the hearing for the submittal of further evidence or to hear further testimony when justice would not be served otherwise, and will adjourn the hearing at the request of any party for good cause shown, but for not more than 30 days after the date scheduled for the first hearing, except for cause.

     [Dep’t of Motor Veh., Practice Rule 8 § 8.1, eff. 12-22-69]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 3-11-86)

      NAC 481.335  Fees and expenses of witnesses. (NRS 233B.050, 481.051)

     1.  Any witness appearing on behalf of the Department or testifying on behalf of the Department without service of a subpoena or pursuant to a subpoena, except a party or an officer or employee of the State testifying during his or her regular hours for work, is entitled to receive the same fees and expenses as are provided for witnesses in NRS 50.225.

     2.  A party requesting the issuance of a subpoena shall pay for the service of the subpoena and the fees and expenses of the witness.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-11-86)

      NAC 481.340  Consolidation. (NRS 233B.050, 481.051)  The Director may consolidate two or more proceedings in one hearing when it appears that the issues are substantially the same and the rights of the parties will not be prejudiced by the consolidation.

     [Dep’t of Motor Veh., Practice Rule 8 § 8.3, eff. 12-22-69]

      NAC 481.350  Briefs; oral argument. (NRS 233B.050, 481.051)

     1.  Briefs which have been ordered by the hearing officer must be filed within the time allowed by the hearing officer and must be accompanied by an acknowledgment or affidavit showing service of the brief on the other parties.

     2.  Oral argument may be allowed in support of written briefs or presentation of the case.

     [Dep’t of Motor Veh., Practice Rule 8 §§ 8.8 & 8.9, eff. 12-22-69]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 3-11-86)

      NAC 481.355  Rehearing. (NRS 233B.050, 481.051)

     1.  If a petition for judicial review of the decision has not been filed, upon written application by a party within 20 days after service of a copy of the decision, a rehearing may be ordered upon such terms and conditions as the hearing officer considers just and proper. The application will not be granted except upon a showing that:

     (a) A party was not properly served with a notice to appear; or

     (b) There is additional evidence which is material and good cause existed for the failure to present that evidence at the hearing.

     2.  The application must be supported by an affidavit of the party or his or her counsel showing cause for failing to appear or failing to present the evidence at the hearing.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 3-11-86)

Other Administrative Remedies

      NAC 481.400  Procedures for review of actions by the Department. (NRS 233B.050, 481.051)  Any person who has reason to believe that an action by any division of the Department of Motor Vehicles or one or more staff members has been incorrect, or based on inadequate knowledge, may seek relief by the following procedures:

     1.  First, reliance must be placed on informal discussion with the staff member and the chief of the section which is concerned with the program in question.

     2.  If this discussion does not resolve the problem, an informal conference may be requested by letter to the Director of the Department of Motor Vehicles. The conference must be held at a place and time mutually agreed upon. The Chief of the Division of the Department of Motor Vehicles affected and an associate division chief, to be designated by the Director or Deputy Director, will be present. A written summary of the conference will be prepared. This summary will include a brief resume of the matters discussed, and the conclusions and recommendations of the division chiefs.

     3.  If the informal conference does not result in a resolution of the problem, formal consideration by the Director or the Deputy Director may be requested by letter to the Director. Four copies must be submitted. A time and place will be designated for the formal hearing and the party requesting the hearing will be notified. The decision of the Director or the Deputy Director will be submitted in writing to the party requesting formal consideration within 30 days after the formal hearing has been held.

     4.  This section does not apply if there are statutes or regulations of the Department of Motor Vehicles providing appellate procedures for a particular program.

     [Dep’t of Motor Veh., Formal and Informal Procedures §§ 1-4, eff. 1-10-66]

      NAC 481.410  Procedures for declaratory orders and advisory opinions. (NRS 233B.050, 481.051)

     1.  Any person with a direct and tangible interest who desires a declaratory order or advisory opinion regarding the applicability of any statutory provision, or a regulation or decision of the Department may petition by letter to the Director. Four copies of the petition must be submitted.

     2.  The Director will issue a declaratory order or an advisory opinion and mail it to the petitioner within 30 days.

     [Dep’t of Motor Veh., Declaratory Orders and Advisory Opinions §§ 1 & 2, eff. 1-10-66]

      NAC 481.420  Procedures for adoption, amendment and repeal of regulations. (NRS 233B.050, 481.051)

     1.  Any interested person who desires the adoption, amendment, or repeal of any regulation of the Department may petition by a signed letter to the Director, accompanied by relevant data, views, and arguments. Four copies of the petition must be submitted.

     2.  Within 30 days, the Director will either deny the petition in writing, stating the reasons for the denial, or initiate regulation-making proceedings.

     3.  If regulation-making proceedings are initiated, the Director will schedule a hearing on a regulation embodying the proposal. Notice will be given and a hearing held in accordance with chapter 233B of NRS.

     4.  Following the hearing, the Department may adopt or not adopt the regulation.

     [Dep’t of Motor Veh., Adoption, Amendment, or Repeal of Regulations §§ 1-4, eff. 1-10-66]

PRIVATE USE OF FILES AND RECORDS OF DEPARTMENT

      NAC 481.500  Application; investigation. (NRS 481.063)

     1.  A person desiring information from a file or record of the Department of Motor Vehicles for a private purpose must:

     (a) Submit an application to the Director of the Department on a form furnished by the Department;

     (b) Pay the required fees; and

     (c) Furnish such information as the Director of the Department deems necessary to determine whether the applicant qualifies to receive information from the files and records.

     2.  An investigation of each applicant may be conducted to determine whether the applicant qualifies to receive information from the files and records.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 5-2-86)

      NAC 481.510  Evaluation of application. (NRS 481.063)  The Director of the Department of Motor Vehicles will consider the following factors in evaluating an application:

     1.  The applicant’s need for the information.

     2.  The extent to which a person’s privacy may be invaded.

     3.  The proposed use of the information.

     4.  Any other information which is pertinent to evaluate the application.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 5-2-86)

      NAC 481.520  Fee. (NRS 481.063)  The fee charged for requested information will be based upon the cost of preparing the information.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 5-2-86)

      NAC 481.530  Prohibited acts. (NRS 481.063)  Any person who receives information for a private purpose from the files and records of the Department of Motor Vehicles shall not:

     1.  Release or sell any of the information obtained from the Department to any other person except as shown on the application or approved by the Director; or

     2.  Knowingly or willfully make a false statement on the application.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 5-2-86)

RELEASE OF PERSONAL INFORMATION FROM FILES AND RECORDS OF DEPARTMENT

      NAC 481.550  Definitions; interpretation of certain statutory terms. (NRS 481.063)  

     1.  As used in NAC 481.550 to 481.600, inclusive, unless the context otherwise requires:

     (a) “Personal information” has the meaning ascribed to it in subsection 12 of NRS 481.063.

     (b) “Requester” means a person who wants to obtain personal information relating to the driver’s license, the identification card, or the title or registration of a vehicle from:

          (1) The Department; or

          (2) The files and records of the Department.

     2.  As used in NRS 481.063, unless the context otherwise requires, the Department interprets:

     (a) “Law enforcement agency” to mean a governmental agency or division thereof which:

          (1) Is responsible for enforcing laws and ordinances; and

          (2) Has obtained an originating agency identifier number from:

               (I) The National Law Enforcement Telecommunications System; or

               (II) The National Crime Information Center.

     (b) “List which includes license plate numbers” to mean a list of information which includes one or more numbers of license plates issued by the Department.

     (c) “Request information electronically” to mean to request information by electronic means, including, but not limited to, by facsimile, tape-to-tape transmission or telephone.

     (d) “Requester” to have the meaning ascribed to it in subsection 1.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 5-10-96; A by Dep’t of Motor Veh. by R161-01, 2-12-2002; R084-03, 10-30-2003)

      NAC 481.560  Procedure for requesting personal information by person who possesses notarized release. (NRS 481.063)  A requester possessing a notarized release from a person who holds a lien on a vehicle or from the person about whom the information is requested pursuant to subsection 2 of NRS 481.063 shall, in person or by mail, submit to the Department the notarized release and:

     1.  An affidavit, on a form provided by the Department, which acknowledges that the request for and the proposed use of the personal information is in compliance with NRS 481.063 and NAC 481.550 to 481.600, inclusive; or

     2.  The account number of the requester in which the Department has such an affidavit on file.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 5-10-96)

      NAC 481.570  Procedure for release of personal information relating to driver’s license, identification card, or title or registration of vehicle. (NRS 481.063)

     1.  To obtain personal information relating to the driver’s license, identification card, or title or registration of a vehicle of a person, a requester must, unless the requester has opened an account with the Department pursuant to NRS 481.063 and NAC 481.580, submit to the Department:

     (a) A completed application, on a form provided by the Department, which sets forth the type and proposed use of the requested information;

     (b) An affidavit, on a form provided by the Department, which acknowledges that the request for and the proposed use of the personal information is in compliance with NRS 481.063 and NAC 481.550 to 481.600, inclusive;

     (c) Proof of employment or licensure, as applicable; and

     (d) Such other information as the Department may reasonably require to evaluate the request for personal information.

     2.  If the request for personal information is made in a place other than the main office of the Department in Carson City, the Department will forward the request to its Central Services Records Section in Carson City.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 5-10-96; A by Dep’t of Motor Veh. by R084-03, 10-30-2003)

      NAC 481.580  Procedure for opening account to facilitate requests for information; assignment of account number. (NRS 481.063)

     1.  To open an account with the Department pursuant to NRS 481.063, the requester must submit to the Department:

     (a) A completed application, on a form provided by the Department, which sets forth the proposed type and use of the information requested;

     (b) A notarized affidavit in compliance with subsection 10 of NRS 481.063, on a form provided by the Department;

     (c) Proof of the employment or licensure, as applicable, which is satisfactory to the Department that the person requesting to open the account is authorized to have access to that information; and

     (d) Such other information as the Department may reasonably require to evaluate the request to open an account.

     2.  If the request to open an account is made in a place other than the main office of the Department in Carson City, the Department will forward the request to its Central Services Records Section in Carson City.

     3.  If the Department approves an application to open an account, the Department will assign an account number to the requester. A requester to whom an account number has been assigned shall use that account number when requesting personal information from the Department pursuant to NRS 481.063 and NAC 481.550 to 481.600, inclusive.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 5-10-96; A by Dep’t of Motor Veh. by R084-03, 10-30-2003)

      NAC 481.590  Release of personal information to representative of requester. (NRS 481.063)

     1.  Except as otherwise provided in subsection 2, the Department will release personal information, excluding a photograph, to a representative of a requester if the representative personally submits to the Department:

     (a) The written statement of the requester which authorizes the designated person to act as the representative of the requester; and

     (b) The requester’s application for personal information, affidavit, and proof of employment or licensure, as applicable, to comply with NRS 481.063 and NAC 481.550 to 481.600, inclusive.

     2.  The Department may release a photograph pursuant to subsection 1 if the request for personal information is made pursuant to paragraph (a) of subsection 6 of NRS 481.063 and the requester is authorized to have access to a photograph pursuant to that paragraph.

     3.  A requester may not designate an employee of the Department as his or her representative to receive personal information pursuant to NRS 481.063 and NAC 481.550 to 481.600, inclusive.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 5-10-96; A by Dep’t of Motor Veh. by R161-01, 2-12-2002)

      NAC 481.600  Procedure for request of personal information by governmental entity. (NRS 481.063)

     1.  Except as otherwise provided in this section, to request personal information from the Department, a governmental entity shall submit to the Department:

     (a) A completed application, on a form provided by the Department, which includes a statement that sets forth the proposed use of the requested information;

     (b) A completed affidavit, on a form provided by the Department, which acknowledges that the request for and the proposed use of the information is in compliance with NRS 481.063 and NAC 481.550 to 481.600, inclusive;

     (c) If the governmental entity has not previously opened an account, a statement as to whether the governmental entity wishes to open an account; and

     (d) A statement, on the official letterhead of the governmental entity, that the governmental entity is authorized to receive the information and that the information will be used solely for the purpose of carrying out the official functions of the governmental entity.

     2.  A governmental entity is not required to:

     (a) Make its request for information personally before the Department; or

     (b) Notarize the affidavit submitted with its request for information.

     3.  A governmental entity which has valid authorization to have access to the information systems of the National Law Enforcement Telecommunications System or the American Association of Motor Vehicle Administrators Network does not need to submit an application pursuant to subsection 1 to request information. The Department may require a governmental entity which has such authorization to verify that authorization in lieu of submitting a request for personal information pursuant to subsection 1 and NRS 481.063.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 5-10-96)