As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 622.020
to 622.060 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2003, 1185 , 3416 )
“Immediate relative”
means:
1. A spouse.
2. A parent, by blood, marriage or adoption.
3. A child, by blood, marriage or adoption.
(Added to NRS by 2003, 1185 )
“License” means any license,
certificate, registration, permit or similar type of authorization issued
by a regulatory body.
(Added to NRS by 2003, 1185 , 3416 )
“Licensee” means a person who
holds any license, certificate, registration, permit or similar type of
authorization issued by a regulatory body.
(Added to NRS by 2003, 1185 , 3416 )
“Member of a
regulatory body” means a person who is serving as a member or officer of
a regulatory body.
(Added to NRS by 2003, 1185 )
“Regulatory body” means:
1. Any state agency, board or commission which has the authority
to regulate an occupation or profession pursuant to this title; and
2. Any officer of a state agency, board or commission which has
the authority to regulate an occupation or profession pursuant to this
title.
(Added to NRS by 2003, 1185 , 3416 ; A 2005, 752 )
REGULATORY DUTIES
In regulating an occupation or profession pursuant to
this title, each regulatory body shall carry out and enforce the
provisions of this title for the protection and benefit of the public.
(Added to NRS by 2003, 1185 , 3417 )
REPORTS
1. Each regulatory body shall, on or before the 20th day of
January, April, July and October, submit to the Director of the
Legislative Counsel Bureau a summary of each disciplinary action taken by
the regulatory body during the immediately preceding calendar quarter
against any licensee of the regulatory body.
2. The Director of the Legislative Counsel Bureau shall:
(a) Provide any information he receives pursuant to subsection 1 to
a member of the public upon request;
(b) Cause a notice of the availability of such information to be
posted on the public website of the Nevada Legislature on the Internet;
and
(c) Transmit a compilation of the information he receives pursuant
to subsection 1 to the Legislative Commission quarterly, unless otherwise
directed by the Commission.
(Added to NRS by 2001, 947 ; A 2003, 1186 , 3418 )
1. Each regulatory body shall, on or before November 1 of each
even-numbered year, submit a report of its activities to the Director of
the Legislative Counsel Bureau.
2. The report must include, without limitation:
(a) The number of licenses issued by the regulatory body during the
immediately preceding 2 fiscal years;
(b) A summary of the budget of the regulatory body during the
immediately preceding 2 fiscal years that is related to the duties of the
regulatory body pursuant to this title, including, without limitation, a
description of all income and expenditures related to such duties;
(c) A summary of each disciplinary action taken by the regulatory
body during the immediately preceding 2 fiscal years against any licensee
of the regulatory body; and
(d) Any other information that is requested by the Director of the
Legislative Counsel Bureau or which the regulatory body determines would
be helpful to the Legislature in evaluating whether the continued
existence of the regulatory body is necessary.
3. The Director of the Legislative Counsel Bureau shall compile
all the reports he receives and distribute copies of the compilation to
the Senate Standing Committee on Commerce and Labor and the Assembly
Standing Committee on Commerce and Labor, which each shall review the
compilation to determine whether the continued existence of each
regulatory body is necessary.
(Added to NRS by 2001, 947 ; A 2003, 1187 , 3418 )
ADMINISTRATION AND PERSONNEL
As soon as practicable after a
person is first appointed to serve as a member of a regulatory body, the
person must be provided with:
1. A written summary of the duties and responsibilities of a
member of the regulatory body; and
2. Training on those duties and responsibilities by the Attorney
General. The training must include, without limitation, instruction
related to the audit that is required by NRS 218.825 , except that a person who is a member of the
Nevada State Board of Accountancy is not required to be provided with
instruction related to that audit.
(Added to NRS by 2003, 1185 )
Except
as otherwise provided in NRS 622.220 , a
regulatory body may not employ a person whose immediate relative is a
licensee of the regulatory body, unless the regulatory body implements
policies and procedures to prevent the person who is employed by the
regulatory body from participating in any activities that are directly
related to the licensee.
(Added to NRS by 2003, 1186 )
If a regulatory body employs a person as an executive director
or executive secretary or in a position with powers and duties similar to
those of an executive director or executive secretary, the person:
1. Must possess a level of education or experience, or a
combination of both, to qualify the person to perform the administrative
and managerial tasks required of the position; and
2. Must not be the immediate relative of:
(a) A member or employee of the regulatory body; or
(b) A licensee of the regulatory body.
(Added to NRS by 2003, 1186 )
A regulatory body
may not contract with a person to provide services to the regulatory body
as an independent contractor if the person is the immediate relative of:
1. A member or employee of the regulatory body; or
2. A licensee of the regulatory body, unless the regulatory body
implements policies and procedures to prevent the person who is the
independent contractor from participating in any activities that are
directly related to the licensee.
(Added to NRS by 2003, 1186 )
REGULATORY PROCEEDINGS; RECORDS
If a licensee of a regulatory body
appears before the regulatory body concerning any matter that is within
the jurisdiction of the regulatory body, the licensee must disclose, to
the best of his knowledge, whether an immediate relative of the licensee:
1. Is employed by the regulatory body; or
2. Has any financial, business, professional or personal
relationship with a member or employee of the regulatory body.
(Added to NRS by 2003, 1186 )
If any provision of this title requires a regulatory body to
disclose information to the public in any proceeding or as part of any
record, such a provision does not apply to any personal medical
information or records of a patient that are confidential or otherwise
protected from disclosure by any other provision of federal or state law.
(Added to NRS by 2003, 3417 )
1. The provisions of NRS 241.020
do not apply to proceedings relating to an investigation conducted to
determine whether to proceed with disciplinary action against a licensee,
unless the licensee requests that the proceedings be conducted pursuant
to those provisions.
2. If the regulatory body decides to proceed with disciplinary
action against the licensee, all proceedings that are conducted after
that decision and are related to that disciplinary action are subject to
the provisions of NRS 241.020 .
(Added to NRS by 2003, 3417 )
1. Except as otherwise provided in this section, a regulatory body
may not enter into a consent or settlement agreement with a person who
has allegedly committed a violation of any provision of this title which
the regulatory body has the authority to enforce, any regulation adopted
pursuant thereto or any order of the regulatory body, unless the
regulatory body discusses and approves the terms of the agreement in a
public meeting.
2. A regulatory body that consists of one natural person may enter
into a consent or settlement agreement without complying with the
provisions of subsection 1 if:
(a) The regulatory body posts notice in accordance with the
requirements for notice for a meeting held pursuant to chapter 241 of NRS and the notice states that:
(1) The regulatory body intends to resolve the alleged
violation by entering into a consent or settlement agreement with the
person who allegedly committed the violation; and
(2) For the limited time set forth in the notice, any person
may request that the regulatory body conduct a public meeting to discuss
the terms of the consent or settlement agreement by submitting a written
request for such a meeting to the regulatory body within the time
prescribed in the notice; and
(b) At the expiration of the time prescribed in the notice, the
regulatory body has not received any requests for a public meeting
regarding the consent or settlement agreement.
3. If a regulatory body enters into a consent or settlement
agreement that is subject to the provisions of this section, the
agreement is a public record.
4. The provisions of this section do not apply to a consent or
settlement agreement between a regulatory body and a licensee that
provides for the licensee to enter a diversionary program for the
treatment of alcohol, chemical or substance abuse or dependency.
(Added to NRS by 2003, 3417 )
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.
(Added to NRS by 2005, 2698 )
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.
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.
(Added to NRS by 2005, 2697 )
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.
(Added to NRS by 2005, 2698 )
ATTORNEY’S FEES AND COSTS
1. A regulatory body may recover from a person reasonable
attorney’s fees and costs that are incurred by the regulatory body as
part of its investigative, administrative and disciplinary proceedings
against the person if the regulatory body:
(a) Enters a final order in which it finds that the person has
violated any provision of this title which the regulatory body has the
authority to enforce, any regulation adopted pursuant thereto or any
order of the regulatory body; or
(b) Enters into a consent or settlement agreement in which the
regulatory body finds or the person admits or does not contest that the
person has violated any provision of this title which the regulatory body
has the authority to enforce, any regulation adopted pursuant thereto or
any order of the regulatory body.
2. As used in this section, “costs” means:
(a) Costs of an investigation.
(b) Costs for photocopies, facsimiles, long distance telephone
calls and postage and delivery.
(c) Fees for court reporters at any depositions or hearings.
(d) Fees for expert witnesses and other witnesses at any
depositions or hearings.
(e) Fees for necessary interpreters at any depositions or hearings.
(f) Fees for service and delivery of process and subpoenas.
(g) Expenses for research, including, without limitation,
reasonable and necessary expenses for computerized services for legal
research.
(Added to NRS by 2003, 3417 )
A court shall award to a
regulatory body reasonable attorney’s fees and reasonable costs specified
in NRS 18.005 that are incurred by the
regulatory body to bring or defend in any action if:
1. The action relates to the imposition or recovery of an
administrative or civil remedy or penalty, the enforcement of any
subpoena issued by the regulatory body or the enforcement of any
provision of this title which the regulatory body has the authority to
enforce, any regulation adopted pursuant thereto or any order of the
regulatory body; and
2. The court determines that the regulatory body is the prevailing
party in the action.
(Added to NRS by 2003, 3418 )
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