NRS: CHAPTER 645D - INSPECTORS OF STRUCTURES

[Rev. 1/18/2009 1:53:21 PM]

CHAPTER 645D - INSPECTORS OF STRUCTURES

GENERAL PROVISIONS

NRS 645D.010 Definitions.

NRS 645D.020 “Administrator” defined.

NRS 645D.030 “Certificate” defined.

NRS 645D.040 “Certified inspector” defined.

NRS 645D.050 “Division” defined.

NRS 645D.060 “Inspection” defined.

NRS 645D.070 “Inspection report” defined.

NRS 645D.080 “Inspector” defined.

NRS 645D.100 Applicability of chapter.

ADMINISTRATION

NRS 645D.110 Duty of Division; restrictions.

NRS 645D.120 Adoption of regulations.

NRS 645D.125 Authority for Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.

NRS 645D.130 Records: Maintenance by Division; general provisions governing public inspection and confidentiality.

NRS 645D.135 Records: Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records.

NRS 645D.140 Disposition of money received by Division; financial support of Division.

NRS 645D.150 Duties of Attorney General.

CERTIFICATES

NRS 645D.160 Certificate required; penalty; prosecution of violation.

NRS 645D.170 Application for certificate: Form and contents.

NRS 645D.180 Submission of fees and fingerprints with application; investigation of applicant’s background.

NRS 645D.190 Submission of proof of insurance with application; maintenance of policy of insurance.

NRS 645D.195 Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Administrator. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 645D.195 Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Administrator. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 645D.200 Qualifications for issuance and grounds for denial of certificate.

NRS 645D.210 Notification of denial of application; leave to file another application; procedure for appeal of denial.

NRS 645D.220 Invalidation and surrender of certificate issued in error; notice; request for hearing.

NRS 645D.230 Form, size and contents of certificate; expiration and renewal; additional fee for electronic renewal.

NRS 645D.235 Requirement to report conviction to Division.

NRS 645D.240 Fees.

ENFORCEMENT

NRS 645D.690 Disciplinary proceedings, fines and penalties not affected by expiration, revocation or voluntary surrender of certificate.

NRS 645D.700 Grounds for disciplinary action; authorized disciplinary action; limitations on reissuance of certificate after revocation; orders imposing discipline deemed public records.

NRS 645D.703 Disciplinary action for failure to pay money to Division.

NRS 645D.705 Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 645D.710 Unprofessional conduct of certified inspector.

NRS 645D.720 Injunctions.

NRS 645D.730 Administrative fine for engaging in certain conduct without certificate or authorization; procedure for imposition of fine; judicial review; exceptions.

UNLAWFUL ACTS

NRS 645D.900 Penalties.

_________

GENERAL PROVISIONS

NRS 645D.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645D.020 to 645D.080, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1997, 1792)

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

(Added to NRS by 1997, 1792)

NRS 645D.030 “Certificate” defined. “Certificate” means a certificate issued to an inspector pursuant to this chapter.

(Added to NRS by 1997, 1792)

NRS 645D.040 “Certified inspector” defined. “Certified inspector” means an inspector to whom a certificate has been issued pursuant to this chapter.

(Added to NRS by 1997, 1792)

NRS 645D.050 “Division” defined. “Division” means the Real Estate Division of the Department of Business and Industry.

(Added to NRS by 1997, 1792)

NRS 645D.060 “Inspection” defined. “Inspection” means a physical examination of the mechanical, electrical or plumbing systems of a structure or of the structural components of a structure. The term includes any consultation regarding a structure that is represented to be a certified inspection or any other title, word or other designation intended to imply or designate that the consultation is a certified inspection.

(Added to NRS by 1997, 1792)

NRS 645D.070 “Inspection report” defined. “Inspection report” means an analysis, opinion or conclusion, regarding the condition of a structure, that is:

1. Provided after an inspection, in a written report, for or with the expectation of receiving compensation for the report; and

2. Designed to describe and identify the inspected systems or structural components of the structure, their physical condition, any material defect and any recommendation for evaluation by another person.

(Added to NRS by 1997, 1792)

NRS 645D.080 “Inspector” defined. “Inspector” means a person who examines any component of a structure and prepares or communicates an inspection report. The term does not include any person who merely relays an inspection report on behalf of the person who prepares it.

(Added to NRS by 1997, 1792)

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

1. A federal or state employee, or an employee of a local government, who prepares or communicates an 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.

(Added to NRS by 1997, 1792; A 2001, 4, 1253; 2005, 2633)

ADMINISTRATION

NRS 645D.110 Duty of Division; restrictions.

1. The Division shall administer the provisions of this chapter and may employ legal counsel, investigators and other professional consultants necessary to discharge its duties pursuant to this chapter.

2. An employee of the Division shall not:

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

(b) Act as an inspector or as an agent for an inspector.

(Added to NRS by 1997, 1793)

NRS 645D.120 Adoption of regulations. The Division shall adopt:

1. Regulations prescribing the education and experience required to obtain a certificate.

2. Regulations prescribing a standard of practice and code of ethics for certified inspectors. Such regulations must establish a degree of care that must be exercised by a reasonably prudent certified inspector.

3. Such other regulations as are necessary for the administration of this chapter.

(Added to NRS by 1997, 1793)

NRS 645D.125 Authority for Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.

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

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

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

(Added to NRS by 2003, 1299)

NRS 645D.130 Records: Maintenance by Division; general provisions governing public inspection and confidentiality.

1. The Division shall maintain a record of:

(a) Persons from whom it receives applications for a certificate;

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

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

2. Except as otherwise provided in this section and NRS 645D.135, records kept in the office of the Division pursuant to this chapter are open to the public for inspection pursuant to regulations adopted by the Division. The Division shall keep confidential, except as otherwise provided in NRS 239.0115 or unless otherwise ordered by a court, the criminal and financial records of an inspector or of an applicant for a certificate.

(Added to NRS by 1997, 1793; A 2003, 3472; 2007, 2148)

NRS 645D.135 Records: Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records.

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

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

(Added to NRS by 2003, 3471; A 2007, 1546, 2148)

NRS 645D.140 Disposition of money received by Division; financial support of Division.

1. All fees, penalties and other charges received by the Division pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

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

(Added to NRS by 1997, 1793)

NRS 645D.150 Duties of Attorney General.

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

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

(Added to NRS by 1997, 1794)

CERTIFICATES

NRS 645D.160 Certificate required; penalty; prosecution of violation.

1. Any person who, in this state, engages in the business of, acts in the capacity of, or advertises or assumes to act as an inspector without first obtaining a certificate pursuant to this chapter is guilty of a misdemeanor.

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

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

(Added to NRS by 1997, 1794)

NRS 645D.170 Application for certificate: Form and contents. 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 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, guilty but mentally ill or nolo contendere to:

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

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

6. 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.

(Added to NRS by 1997, 1794; A 1999, 1220; 2005, 2789, 2808; 2007, 1478)

NRS 645D.180 Submission of fees and fingerprints with application; investigation of applicant’s background.

1. Each application for a certificate must be accompanied by the fee for the certificate and the fee to pay the costs of an investigation of the applicant’s background.

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

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

(b) Submit to the Division:

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

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

3. The Division may:

(a) Require more than one complete set of fingerprints;

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

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

(Added to NRS by 1997, 1794; A 2003, 1300, 2864; 2005, 1296)

NRS 645D.190 Submission of proof of insurance with application; maintenance of policy of insurance.

1. The Administrator shall require each applicant for an original certificate and each applicant for renewal of a certificate to submit proof that he or his employer holds a policy of insurance covering:

(a) Liability for errors or omissions in an amount of not less than $100,000; and

(b) General liability in an amount of not less than $100,000.

2. Each certified inspector or his employer shall maintain a policy of insurance that complies with the requirements of subsection 1.

(Added to NRS by 1997, 1795)

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 Administrator.

(b) A person who applies for the issuance or renewal of a certificate shall submit to the Administrator the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The 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.

(Added to NRS by 1999, 1219; A 2005, 2789, 2808)

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

2. The 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

(Added to NRS by 1999, 1219; A 2005, 2789, 2790, 2808, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 645D.200 Qualifications for issuance and grounds for denial of certificate.

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 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, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

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

(c) Has had a certificate suspended or revoked pursuant to this chapter within the 10 years immediately preceding the date of his application; or

(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.

(Added to NRS by 1997, 1795; A 1999, 1220; 2005, 2790, 2808; 2007, 1478)

NRS 645D.210 Notification of denial of application; leave to file another application; procedure for appeal of denial.

1. If an application for a certificate is denied:

(a) The Division shall notify the applicant within 15 days after its decision; and

(b) The applicant may not reapply until he petitions the Division for leave to file another application. The Division may grant or deny that leave in its sole discretion.

2. If the applicant, within 30 days after receipt of the notice denying his application, files a written request containing allegations that, if true, qualify the applicant for a certificate, the Administrator shall set the matter for a hearing before a hearing officer of the Division to be conducted within 60 days after receipt of the applicant’s request. The decision of the hearing officer is a final decision for the purposes of judicial review.

(Added to NRS by 1997, 1795)

NRS 645D.220 Invalidation and surrender of certificate issued in error; notice; request for hearing. The Division, upon the discovery of an error in the issuance of a certificate that is related to the qualifications or fitness of the holder thereof, may invalidate the certificate upon written notice to the holder. The holder shall surrender the certificate to the Division within 20 days after the notice is sent by the Division. A person whose certificate is invalidated pursuant to this section, and who has surrendered his certificate, may request a hearing on the matter in the same manner as for the denial of an application pursuant to NRS 645D.210.

(Added to NRS by 1997, 1795)

NRS 645D.230 Form, size and contents of certificate; expiration and renewal; additional fee for electronic renewal.

1. The Division shall issue a certificate to each eligible person in the form and size prescribed by the Division. A certificate must:

(a) Indicate the name and address of the inspector and the location of each place where he transacts business as an inspector; and

(b) Contain any additional matter prescribed by the Division.

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

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

(a) Not later than 1 year after the date of expiration, he must pay a fee equal to 150 percent of the amount otherwise required for renewal.

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

4. The Division may:

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

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

(Added to NRS by 1997, 1796; A 2007, 585)

NRS 645D.235 Requirement to report conviction to Division.

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

2. A certified inspector shall submit the notification required by subsection 1:

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

(b) When submitting an application to renew a certificate issued pursuant to this chapter.

(Added to NRS by 2007, 1546)

NRS 645D.240 Fees.

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

For each application for a certificate............................................................... $100

For the issuance or renewal of a certificate....................................................... 250

For each penalty for a late renewal of a certificate......................................... 125

For each change of name, address or association.............................................. 20

For each duplicate certificate where the original is lost or destroyed and an affidavit is made thereof 20

For each reinstatement to active status of an inactive certificate................... 20

For each annual approval of a course of instruction offered in preparation for an original certificate 100

For each original accreditation of a course of continuing education............ 100

For each renewal of accreditation of a course of continuing education........ 50

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

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

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

(Added to NRS by 1997, 1796; A 2003, 1300)

ENFORCEMENT

NRS 645D.690 Disciplinary proceedings, fines and penalties not affected by expiration, revocation or voluntary surrender of certificate. The expiration or revocation of a certificate by operation of law or by order or decision of a hearing officer or court of competent jurisdiction, or the voluntary surrender of a certificate by a certified inspector does not:

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

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

(Added to NRS by 2001, 527)

NRS 645D.700 Grounds for disciplinary action; authorized disciplinary action; limitations on reissuance of certificate after revocation; orders imposing discipline deemed public records.

1. Grounds for disciplinary action against a certified inspector are:

(a) Unprofessional conduct;

(b) Professional incompetence; and

2. If grounds for disciplinary action against a certified inspector exist, the Division may, after providing the inspector with notice and an opportunity for a hearing, do one or more of the following:

(a) Revoke or suspend his certificate.

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

(d) Impose a fine of not more than $1,000 for each violation.

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

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

(Added to NRS by 1997, 1796; A 2001, 527; 2003, 3472)

NRS 645D.703 Disciplinary action for failure to pay money to Division. In addition to any other remedy or penalty, the Administrator may:

1. Refuse to issue a certificate to a person who has failed to pay money which the person owes to the Division.

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

(Added to NRS by 2003, 1299)

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

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

(Added to NRS by 1999, 1219; A 2005, 2808)

NRS 645D.710 Unprofessional conduct of certified inspector. A certified inspector is guilty of unprofessional conduct if he:

1. Fails to disclose to any person with whom he is dealing any material fact or other information he knows, or in the exercise of reasonable care and diligence should know, concerning any improvement he inspects, including any interest he has in the improvement or the real estate to which it is affixed;

2. Knowingly communicates a false or fraudulent inspection report to any interested person or otherwise engages in any deceitful, fraudulent or dishonest conduct;

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

4. Makes a false statement of material fact on his application for a certificate; or

5. Performs any repairs for compensation upon any improvement for which he has prepared an inspection report.

(Added to NRS by 1997, 1796)

NRS 645D.720 Injunctions.

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

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

(Added to NRS by 1997, 1797)

NRS 645D.730 Administrative fine for engaging in certain conduct without certificate or authorization; procedure for imposition of fine; judicial review; exceptions.

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

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

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

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

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

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

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

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

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

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

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

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

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

(Added to NRS by 2003, 1299)

UNLAWFUL ACTS

NRS 645D.900 Penalties.

1. A person who obtains or attempts to obtain a certificate by means of intentional misrepresentation, deceit or fraud is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may impose a fine of not more than $10,000.

2. A person who:

(a) Holds himself out as a certified inspector;

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

(c) Describes or refers to any inspection report prepared by him as “certified” or “licensed” in this state, without first obtaining a certificate as provided in this chapter,

Ê is guilty of a gross misdemeanor.

(Added to NRS by 1997, 1797)