As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 645C.020
to 645C.130 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1989, 822; A 1997, 300)
“Administrator” means the
Real Estate Administrator.
(Added to NRS by 1989, 822)
“Appraisal” means an analysis,
opinion or conclusion, whether written or oral, relating to the nature,
quality, value or use of a specified interest in, or aspect of,
identified real estate for or with the expectation of receiving
compensation.
(Added to NRS by 1989, 822)
“Appraiser” means a person who
prepares or communicates an appraisal, but does not include anyone who
merely relays an appraisal on behalf of the person who prepares it.
(Added to NRS by 1989, 822)
“Certificate” means a
certificate issued to an appraiser pursuant to this chapter.
(Added to NRS by 1991, 887)
“Certified appraiser”
means an appraiser to whom a certificate has been issued pursuant to this
chapter.
(Added to NRS by 1991, 887)
“Commission” means the
Commission of Appraisers of Real Estate.
(Added to NRS by 1989, 822)
“Complex property” means
residential property which:
1. Is atypical for the marketplace in which it is located based
on, without limitation, such factors as:
(a) The architectural style of the property;
(b) Special improvements made to the property;
(c) The size of the lot;
(d) The use of the property;
(e) Environmental factors related to the property;
(f) Ownership of a partial interest in the property; and
2. Requires techniques to be used other than a simple comparison
of sales or an analysis of cost or income in order to produce a reliable
appraisal of that property.
(Added to NRS by 1997, 299)
“Division” means the Real Estate
Division of the Department of Business and Industry.
(Added to NRS by 1989, 822; A 1993, 1893)
“Intern” means a person who
actively assists in the preparation or communication of an appraisal, but
does not include anyone who merely provides information concerning real
estate to an appraiser or records, transcribes or copies information
concerning real estate for an appraiser, or relays an appraisal on behalf
of an appraiser.
(Added to NRS by 1989, 822)
“License” means a license issued
to an appraiser pursuant to this chapter.
(Added to NRS by 1989, 823)
“Licensed appraiser”
means an appraiser to whom a license has been issued pursuant to this
chapter.
(Added to NRS by 1989, 823)
“Permit” means a permit to conduct
an appraisal issued to an appraiser by the Administrator pursuant to NRS
645C.363 .
(Added to NRS by 1989, 823; A 1991, 887; 1993, 812)
“Real estate” includes land,
any improvements and fixtures permanently affixed thereon, and every
right, interest or estate therein, whether legal or equitable, whether
corporeal or incorporeal, and whether the property is situated in this
state or elsewhere, including without limitation freeholds, leaseholds
and interests in condominiums, townhouses and planned unit developments.
(Added to NRS by 1989, 823)
“Registered intern”
means an intern to whom a registration card has been issued pursuant to
this chapter.
(Added to NRS by 1989, 823)
“Registration card”
means a card issued to an intern pursuant to this chapter signifying his
registration by the Division.
(Added to NRS by 1989, 823)
The purpose of this chapter is
to carry out the policy expressed in the portion of the Financial
Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. §§
3331-3351) which concerns appraisers, to establish a program in this
state to license and certify appraisers, and to protect the users of
appraisals in this state.
(Added to NRS by 1989, 823; A 1991, 887)
The provisions of this
chapter do not apply to:
1. A federal or state employee, or an employee of a local
government, who prepares or communicates an appraisal as part of his
official duties, unless a license or certificate is required as a
condition of his employment.
2. A person appointed to evaluate real estate pursuant to chapter
152 of NRS or NRS 269.125 , except as required by the appointing judge.
3. A board of appraisers acting pursuant to NRS 269.135 .
4. A person licensed pursuant to chapter 645 or 684A of NRS, or
certified pursuant to chapter 645D of NRS,
while he is performing an act within the scope of his license or
certificate.
5. A person who makes an evaluation of real estate as an
incidental part of his employment for which special compensation is not
provided, if that evaluation is only provided to his employer for
internal use within the place of his employment.
6. A person who makes an assessment of the value of property in
connection with a judicial proceeding for eminent domain brought pursuant
to chapter 37 of NRS.
(Added to NRS by 1989, 823; A 1991, 887; 1997, 1797; 2005, 522
)
ADMINISTRATION
1. The Division shall:
(a) Administer this chapter and may employ legal counsel,
investigators and other professional consultants necessary to the
discharge of its duties pursuant to this chapter; and
(b) Within the limits of available money, employ or contract for
the services of professional consultants to investigate complaints,
conduct audits and perform any other activities necessary to ensure
compliance with Title XI of the Financial Institutions Reform, Recovery
and Enforcement Act of 1989, as amended.
2. No employee of the Division may:
(a) Be employed by or have an interest in any business that
prepares appraisals; or
(b) Act as an appraiser, as an agent for an appraiser or as an
intern.
(Added to NRS by 1989, 825; A 2001, 3169 )
1. The Administrator may adopt regulations which establish
procedures for the Division to conduct business electronically pursuant
to title 59 of NRS with persons who are regulated pursuant to this
chapter and with any other persons with whom the Division conducts
business. The regulations may include, without limitation, the
establishment of fees to pay the costs of conducting business
electronically with the Division.
2. In addition to the process authorized by NRS 719.280 , if the Division is conducting business
electronically with a person and a law requires a signature or record to
be notarized, acknowledged, verified or made under oath, the Division may
allow the person to substitute a declaration that complies with the
provisions of NRS 53.045 to satisfy the
legal requirement.
3. The Division may refuse to conduct business electronically with
a person who has failed to pay money which the person owes to the
Division or the Commission.
(Added to NRS by 2003, 1296 )
1. The Commission of Appraisers of Real Estate is hereby created,
consisting of five members appointed by the Governor.
2. At least two members of the Commission must be residents of the
southern district of Nevada, which consists of the counties of Clark,
Esmeralda, Lincoln and Nye.
3. At least two members of the Commission must be residents of the
northern district of Nevada, which consists of Carson City, and the
counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon,
Mineral, Pershing, Storey, Washoe and White Pine.
4. Not more than two members may be appointed from any one county.
5. After the terms of the initial members, the Commission must
contain at least two members who hold certificates as general appraisers
and at least two members who hold certificates or licenses as residential
appraisers.
6. A member of the Commission is eligible for reappointment, but
shall not serve for a period greater than 6 years consecutively, after
which he is not eligible for appointment or reappointment until 3 years
have elapsed from his previous period of service.
(Added to NRS by 1989, 823; A 1991, 888)
1. Each member of the Commission must:
(a) Be a citizen of the United States or be lawfully entitled to
remain and work in the United States;
(b) Have been a resident of the State of Nevada for not less than 5
years;
(c) Have been actively engaged in business as an appraiser within
the State for a period of not less than 3 years immediately preceding the
date of his appointment; and
(d) After the terms of the initial members, be a certified or
licensed appraiser.
2. Before entering upon the duties of his office, each member of
the Commission shall take:
(a) The constitutional oath of office; and
(b) An oath that he is legally qualified to serve as a member of
the Commission.
(Added to NRS by 1989, 824; A 1991, 888)
1. The Commission shall:
(a) Operate on the basis of a fiscal year beginning on July 1 and
ending on June 30.
(b) At the first meeting of each fiscal year, elect a President,
Vice President and Secretary to serve for the ensuing year.
(c) Hold at least two meetings each year, one in the southern part
of the State and one in the northern part of the State, at times and
places designated by the Commission. When there is sufficient business,
additional meetings of the Commission may be held at the call of the
President of the Commission. Written notice of the time, place and
purpose of each meeting must be given to each member at least 3 working
days before the meeting.
2. While engaged in the business of the Commission, each member of
the Commission is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the
Commission; and
(b) A per diem allowance and travel expenses at a rate fixed by the
Commission. The rate must not exceed the rate provided for state officers
and employees generally.
(Added to NRS by 1989, 824; A 1991, 495)
1. The Commission shall:
(a) Adopt a seal to authenticate its proceedings.
(b) Conduct hearings pursuant to this chapter.
(c) Establish programs for education and research in the
preparation and communication of appraisals.
(d) Adopt regulations:
(1) Governing the examinations, education and experience
required by this chapter;
(2) Establishing standards for the preparation and
communication of appraisals; and
(3) Establishing standards of professional conduct.
(e) Perform any other acts necessary to carry out the provisions of
this chapter.
2. The Commission may:
(a) Adopt such regulations as are reasonable and necessary for the
administration of this chapter; and
(b) By regulation delegate any authority conferred on it by this
chapter to the Administrator to be exercised pursuant to the regulations
of the Commission.
3. Service of process and other communications upon the Commission
may be made at the principal office of the Division.
(Added to NRS by 1989, 824)
1. The Division shall maintain a record of:
(a) Persons whose applications for a certificate, license or
registration card have been denied;
(b) Investigations conducted by it which result in the initiation
of formal disciplinary proceedings;
(c) Formal disciplinary proceedings; and
(d) Rulings or decisions upon complaints filed with it.
2. Except as otherwise provided in this section and NRS 645C.225
, records kept in the office of the
Division pursuant to this chapter are open to the public for inspection
pursuant to regulations adopted by the Commission. The Division may keep
confidential, unless otherwise ordered by a court:
(a) Examinations for a certificate or license; and
(b) The criminal and financial records of an appraiser or intern,
or an applicant for a certificate, license or registration card.
(Added to NRS by 1989, 825; A 1991, 888; 2003, 3470 )
1. Except as otherwise provided in this section, a complaint filed
with the Commission, all documents and other information filed with the
complaint and all documents and other information compiled as a result of
an investigation conducted to determine whether to initiate disciplinary
action are confidential.
2. The complaint or other document filed by the Commission to
initiate disciplinary action and all documents and information considered
by the Commission when determining whether to impose discipline are
public records.
(Added to NRS by 2003, 3470 )
Upon
approval of the Commission, the Division may publish or supply a manual
or guide concerning appraisals, and offer it for sale to the public for a
reasonable fee.
(Added to NRS by 1989, 826)
1. Except as otherwise provided in subsections 2 and 3, all fees,
penalties and other charges received by the Division pursuant to this
chapter must be deposited with the State Treasurer for credit to the
State General Fund.
2. Fees received by the Division:
(a) From the sale of publications, must be retained by the Division
to pay the costs of printing and distributing publications.
(b) For examinations, must be retained by the Division to pay the
costs of the administration of examinations.
Ê Any surplus of the fees retained by the Division must be deposited with
the State Treasurer for credit to the State General Fund.
3. The portion of the fees collected by the Division pursuant to
NRS 645C.450 for the issuance or
renewal of a certificate or license as a residential appraiser or the
issuance or renewal of a certificate as a general appraiser which is used
for payment of the registry fee to the Financial Institutions Examination
Council pursuant to 12 U.S.C. § 3338, must be retained by the Division
for payment to the Financial Institutions Examination Council.
4. Money for the support of the Division in carrying out the
provisions of this chapter must be provided by direct legislative
appropriation and be paid out on claims as other claims against the State
are paid.
(Added to NRS by 1989, 826; A 1993, 812; 1997, 847)
1. The Attorney General shall render to the Division opinions upon
questions of law relating to the construction or interpretation of this
chapter, or arising in the administration thereof, submitted to him by
the Division or the Commission.
2. The Attorney General shall act as the attorney for the Division
in all actions and proceedings brought against or by the Division
pursuant to any of the provisions of this chapter.
(Added to NRS by 1989, 825)
LICENSING AND PRACTICE
1. Any person who, in this State, engages in the business of, acts
in the capacity of, advertises or assumes to act as:
(a) An appraiser without first obtaining the appropriate
certificate, license or permit pursuant to this chapter; or
(b) An intern without first obtaining a registration card pursuant
to this chapter,
Ê is guilty of a misdemeanor.
2. The Division may file a complaint in any court of competent
jurisdiction for a violation of this section, and assist in presenting
the law or facts at any hearing upon the complaint.
3. At the request of the Administrator, the Attorney General shall
prosecute such a violation. Unless the violation is prosecuted by the
Attorney General, the district attorney shall prosecute a violation which
occurs in his county.
(Added to NRS by 1989, 826; A 1991, 889)
1. An intern must:
(a) Obtain a registration card from the Division; and
(b) Be associated with and supervised by the appraiser named in the
registration card.
2. An intern shall not assist in the preparation or communication
of an appraisal without the written authorization of the appraiser named
in his registration card.
3. The Division may deny an application for a registration card on
any ground sufficient to deny an application for a certificate or license.
(Added to NRS by 1989, 828; A 1991, 889)
1. An appraiser may obtain from the Division:
(a) A license as a residential appraiser, which authorizes him to
perform an appraisal of real estate suitable for or consisting of no more
than four residential units in any one transaction, if:
(1) The total value does not exceed $1,000,000 and the
complexity of the transaction does not, under the regulations of a
federal agency or the standards adopted by the Appraisal Subcommittee of
the Federal Financial Institutions Examination Council, require a
certified appraiser; or
(2) The property is not a complex property;
(b) A certificate as a residential appraiser, which authorizes him
to perform an appraisal of real estate suitable for or consisting of no
more than four residential units in any one transaction, without regard
to value or complexity; or
(c) A certificate as a general appraiser, which authorizes him to
perform any appraisal.
2. A person certified or licensed as a residential appraiser may,
under the direct supervision of a person certified as a general
appraiser, assist in the preparation and communication of an appraisal
that is outside the scope of his certificate or license.
3. The Commission may establish, by regulation, additional
classifications of licensure or certification, and the qualifications
therefor, if necessary to comply with classifications and qualifications
established by the Appraisal Subcommittee of the Federal Financial
Institutions Examination Council.
(Added to NRS by 1989, 826; A 1991, 889; 2005, 1292 )
An application for a certificate or license must be in writing
upon a form prepared and furnished by the Division. The application must
include the following information:
1. The name, age and address of the applicant.
2. The place or places, including the street number, city and
county, where the applicant intends to conduct business as an appraiser.
3. The business, occupation or other employment of the applicant
during the 5 years immediately preceding the date of the application, and
the location thereof.
4. The periods during which, and the locations where, he gained
his experience as an intern.
5. Whether the applicant has ever been convicted of, is under
indictment for, or has entered a plea of guilty or nolo contendere to:
(a) A felony and, if so, the nature of the felony.
(b) Forgery, embezzlement, obtaining money under false pretenses,
larceny, extortion, conspiracy to defraud or any crime involving moral
turpitude.
6. Whether the applicant has ever been refused a certificate,
license or permit to act as an appraiser, or has ever had such a
certificate, license or permit suspended or revoked, in any other
jurisdiction.
7. If the applicant is a member of a partnership or association or
is an officer of a corporation, the name and address of the principal
office of the partnership, association or corporation.
8. Any other information the Division requires.
(Added to NRS by 1989, 827; A 1991, 890; 1995, 2480; 2003, 1504
)
[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.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license, certificate or
registration card issued pursuant to this chapter shall include the
social security number of the applicant in the application submitted to
the Division.
(b) An applicant for the issuance or renewal of a license,
certificate or registration card issued pursuant to this chapter shall
submit to the Division the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human
Services pursuant to NRS 425.520 . The
statement must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license, certificate or registration card;
or
(b) A separate form prescribed by the Division.
3. A license, certificate or registration card may not be issued
or renewed by the Division pursuant to this chapter if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Division shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2174; A 2005, 2786 , 2807 )
[Effective on the date of the repeal
of the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings and expires by limitation 2 years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a license,
certificate or registration card issued pursuant to this chapter shall
submit to the Division the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human
Services pursuant to NRS 425.520 . The
statement must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license, certificate or registration card;
or
(b) A separate form prescribed by the Division.
3. A license, certificate or registration card may not be issued
or renewed by the Division pursuant to this chapter if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Division shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2174; A 2005, 2786 , 2787 , 2807 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
1. Each application for a certificate, license or registration
card must be accompanied by:
(a) The fee for the certificate, license or registration card;
(b) The fee to pay the costs of an investigation of the applicant’s
background; and
(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; and
(b) Submit to the Division:
(1) A completed fingerprint card and written permission
authorizing the Division to submit the applicant’s fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for a report on the applicant’s
background and to such other law enforcement agencies as the Division
deems necessary; or
(2) Written verification, on a form prescribed by the
Division, stating that the fingerprints of the applicant were taken and
directly forwarded electronically or by another means to the Central
Repository and that the applicant has given written permission to the law
enforcement agency or other authorized entity taking the fingerprints to
submit the fingerprints to the Central Repository for submission to the
Federal Bureau of Investigation for a report on the applicant’s
background and to such other law enforcement agencies as the Division
deems necessary.
3. The Division may:
(a) Unless the applicant’s fingerprints are directly forwarded
pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit
those fingerprints to the Central Repository for submission to the
Federal Bureau of Investigation and to such other law enforcement
agencies as the Division deems necessary; and
(b) Request from each such agency any information regarding the
applicant’s background as the Division deems necessary.
(Added to NRS by 1989, 828; A 1991, 891; 1997, 2175; 2003, 1297
, 2864 ; 2005, 1293 , 2788 , 2807 , 2814 )
Unless the
Division extends the time, it shall act upon an application for a
certificate or license within 60 days after receiving the completed
application. If in the opinion of the Administrator additional
investigation of the applicant appears necessary, the Division may extend
that period as long as necessary to complete the investigation before
acting on the application.
(Added to NRS by 1989, 827; A 1991, 891)
1. The Administrator shall issue a certificate or license, as
appropriate, to any person:
(a) Of good moral character, honesty and integrity;
(b) Who meets the educational requirements and has the experience
prescribed in NRS 645C.330 or any
regulation adopted pursuant to that section;
(c) Who, except as otherwise provided in NRS 645C.360 , has satisfactorily passed a written
examination approved by the Commission; and
(d) Who submits all information required to complete an application
for a certificate or license.
2. The Administrator may deny an application for a certificate or
license to any person who:
(a) Has been convicted of, or entered a plea of guilty or nolo
contendere to, forgery, embezzlement, obtaining money under false
pretenses, larceny, extortion, conspiracy to defraud or any crime
involving moral turpitude;
(b) Makes a false statement of a material fact on his application;
or
(c) Has had a certificate, license or registration card suspended
or revoked pursuant to this chapter, or a certificate, license or permit
to act as an appraiser suspended or revoked in any other jurisdiction,
within the 10 years immediately preceding the date of his application.
(Added to NRS by 1989, 827; A 1991, 891; 1993, 812; 1995, 2481;
1997, 2175; 2003, 1504 ; 2005, 1294 , 2788 , 2807 , 2815 )
The Commission shall adopt regulations that prescribe the standards for
education and experience required for the issuance of a certificate or
license. Until the Commission adopts those regulations, the standards are
as follows:
1. An applicant for a license as a residential appraiser must
furnish proof satisfactory to the Commission that he has successfully
completed:
(a) Not less than 90 hours of academic instruction in subjects
related to appraisals taught in courses approved by the Commission; and
(b) At least 2 years of experience working full time as an
appraiser or intern.
2. An applicant for a certificate as a residential appraiser must
furnish proof satisfactory to the Commission that he has successfully
completed:
(a) Not less than 120 hours of academic instruction in subjects
related to appraisal taught in courses approved by the Commission; and
(b) At least 2 years of experience working full time as an
appraiser or intern, including not less than 500 hours of experience
relating to complex property.
3. An applicant for a certificate as a general appraiser must
furnish proof satisfactory to the Commission that he has successfully
completed:
(a) Not less than 180 hours of academic instruction in subjects
related to appraisals taught in courses approved by the Commission; and
(b) At least 3 years of experience working full time as an
appraiser or intern.
Ê As used in this section, an “hour of academic instruction” means at
least 50 minutes of actual time spent receiving instruction.
(Added to NRS by 1989, 826; A 1991, 891; 1993, 813; 1997, 300;
2005, 1295 )
1. Each application for an examination for a certificate or
license must be accompanied by the fees established by the Division
pursuant to subsection 2 of NRS 645C.450 .
2. The examination must test the applicant on his knowledge and
understanding of:
(a) Subjects applicable to the type of certificate or license for
which he is applying; and
(b) Laws regarding the practice of preparing and communicating
appraisals, including the provisions of this chapter and any regulations
adopted pursuant thereto.
3. The Division may hire a professional testing organization to
create, administer or score the examination.
(Added to NRS by 1989, 828; A 1991, 892; 1995, 994)
1. The Division shall cause examinations to be conducted not less
than once every 6 months.
2. An applicant may take the written examination before he
completes the requirements for experience, but a certificate or license
must not be issued until all the requirements are met.
3. The Division shall notify each applicant in writing whether he
passed or failed the examination, or has alternatively satisfied the
requirements for a certificate, license or permit pursuant to NRS
645C.360 , as determined by the
Commission.
(Added to NRS by 1989, 828; A 1991, 892; 1993, 2806)
1. An applicant for a certificate or license issued pursuant to
this chapter is not required to pass the examination otherwise required
by NRS 645C.320 if:
(a) He holds a certificate or license as an appraiser issued by
another state or territory of the United States or the District of
Columbia;
(b) The requirements for the examination for the certificate or
license issued in that state or territory of the United States or the
District of Columbia are substantially equivalent to the requirements for
the examination required by this State for a certificate or license; and
(c) The applicant has passed the examination in that state or
territory of the United States or the District of Columbia.
2. The Division shall issue a certificate or license to a person
who holds a certificate or license as an appraiser issued by a state or
territory of the United States or the District of Columbia if it has
entered into a reciprocal agreement with the Commission for the issuance
of certificates and licenses pursuant to this chapter and the person
submits proof to the Division that:
(a) He has been issued a certificate or license by the state or
territory of the United States or the District of Columbia; and
(b) At the time he files his application with the Division, the
certificate or license is in effect.
3. The Commission shall not enter into a reciprocal agreement
pursuant to subsection 2 unless the provisions relating to the appraisal
of real estate, including the requirements for the licensing of
appraisers of real estate, in the other state or territory of the United
States or District of Columbia are substantially similar to the
provisions relating to the appraisal of real estate in this State.
(Added to NRS by 1989, 827; A 1991, 892; 1993, 813)
1. The Division may issue a permit to conduct an appraisal in this
State to a person who holds a certificate or license issued by another
state or territory of the United States or the District of Columbia.
2. The Commission shall adopt regulations which prescribe the
requirements for the issuance of such a permit.
(Added to NRS by 1993, 811)
1. The Division shall not issue a certificate, license or permit
pursuant to this chapter to an applicant who is a resident of another
state unless he has executed a written statement that appoints the
Administrator as his agent for the service of process for any action or
proceeding filed against him in this State.
2. The statement of appointment must include a provision which
provides:
(a) That any process which is served on the Administrator shall be
deemed to have the same legal validity as if it had been served on the
applicant;
(b) That the appointment of the Administrator as his agent for the
service of process continues as long as any liability remains outstanding
against him in this State; and
(c) For venue in any judicial or administrative district in this
State without regard to the residence or principal place of business of
the holder of a certificate or license.
3. The statement of appointment must be signed by the applicant
and notarized. The applicant shall file a copy of the statement of
appointment with the Administrator. A copy of the statement which is
certified by the Administrator shall be deemed sufficient evidence of the
appointment.
4. If any process is served upon the Administrator pursuant to
this section, the Administrator shall mail the process by certified mail
to the last known address of the person holding the certificate, license
or permit. Service of process shall be deemed complete upon mailing. The
manner of the service of process described in this subsection does not
affect the validity of any other service of process authorized by law.
(Added to NRS by 1993, 811)
1. If an application is denied, the Division shall notify the
applicant within 15 days after its decision. If the denial is on grounds
other than a failure to pass the examination, the applicant may not
reapply until he petitions the Division for leave to file another
application. The Division may grant or deny that leave in its sole
discretion.
2. If the applicant, within 30 days after receipt of the notice
denying his application, files a written request containing allegations
which, if true, qualify the applicant for a certificate, license or
registration card, the President of the Commission shall set the matter
for a hearing to be conducted within 90 days after receipt of the
applicant’s request.
3. The hearing must be held at a time and place prescribed by the
Commission. At least 15 days before the date set for the hearing, the
Division shall serve the applicant with written notice of the hearing and
include with the notice an exact copy of any protests filed, together
with copies of all communications, reports, affidavits or depositions in
possession of the Division relevant to the matter in question. The notice
may be served by personal delivery to the applicant, or by mailing it by
certified mail to the applicant’s last known business or residential
address.
4. The hearing may be held by the Commission or a majority
thereof, and a hearing must be held if the applicant so desires. A record
of the proceedings, or any part thereof, must be made available to each
party upon the payment to the Division of the reasonable cost of
transcription.
5. The Commission shall render a decision on the matter within 60
days after the final hearing and notify the parties to the proceedings,
in writing, of its ruling, order or decision within 15 days after it is
made.
(Added to NRS by 1989, 829; A 1991, 892)
The
Division, upon the discovery of any error in the issuance of a
certificate, license or registration card which is related to the
qualifications or fitness of the holder thereof, may invalidate the
certificate, license or registration card upon notice in writing to the
holder. The holder shall surrender the certificate, license or
registration card to the Division within 20 days after the notice is sent
by the Division. A person whose certificate, license or registration card
is invalidated pursuant to this section, and who has surrendered his
certificate, license or registration card, may request a hearing on the
matter as for the denial of an application pursuant to NRS 645C.370
.
(Added to NRS by 1989, 829; A 1991, 893)
1. The Division shall issue a certificate, license or registration
card to each eligible person in the form and size prescribed by the
Commission. A certificate, license or registration card must:
(a) Show the name and address of the appraiser or intern and the
location of each place where he transacts business as an appraiser or
intern;
(b) Have imprinted thereon the seal of the Commission; and
(c) Contain any additional matter prescribed by the Commission.
2. A certificate, license or registration card is valid for 2
years after the first day of the first calendar month immediately
following the date it is issued.
3. If an appraiser fails to apply for the renewal of his
certificate or license and pay the fee for renewal before the certificate
or license expires, and then applies for renewal:
(a) No later than 1 year after the date of expiration, he must pay
a fee equal to 150 percent of the amount otherwise required for renewal.
(b) Later than 1 year after the date of expiration, he must apply
in the same manner as for an original certificate or license.
(Added to NRS by 1989, 829; A 1991, 893)
1. An appraiser shall maintain a principal office for the
transaction of his business as an appraiser. If he maintains additional
offices in this state, he must obtain a duplicate certificate or license
from the Division for each additional office. The appraiser shall display
his certificate or license conspicuously in each of his offices.
2. An appraiser shall give written notice to the Division and
surrender his certificate or license within 10 days after any change in
the name of his business or the location of an office. Upon the surrender
of the certificate or license and the payment of the appropriate fee, the
Division shall issue a certificate or license valid for the remaining
period of the original certificate or license.
3. An appraiser shall maintain a record of each appraisal he
prepares for not less than 5 years after completion of the appraisal, and
notify the Division of the location where the record is stored and of any
change in that location.
4. Failure to give any notice pursuant to this section is cause
for the revocation or suspension of the certificate or license or
placement of the certificate or license on inactive status.
(Added to NRS by 1989, 830; A 1991, 894)
1. If an intern for any reason terminates his association with an
appraiser, the appraiser shall:
(a) Immediately deliver or mail by certified mail to the Division
the intern’s registration card, together with a written statement of the
circumstances surrounding the termination of the association and a copy
of the notice required by paragraph (b); and
(b) At the time of delivering or mailing the registration card to
the Division, advise the intern that his registration card has been
forwarded to the Division by mailing notice of that fact to the intern’s
last known residential address.
2. The registration card must be suspended if the intern does not
become associated with another certified or licensed appraiser within 30
days after the termination of his previous association.
3. The intern shall not assist in the preparation or
communication, whether directly or indirectly, of an appraisal under the
authority of his registration card from the date that the registration
card is delivered or mailed by the appraiser with whom his association
was terminated to the Division, until the date that a new registration
card is issued naming another appraiser with whom the intern has become
associated.
(Added to NRS by 1989, 830; A 1991, 894)
1. The Division may place a certificate or license on inactive
status:
(a) At the request of the appraiser;
(b) For failure of the appraiser to notify the Division pursuant to
NRS 645C.400 of any change in the
name or location of his business, or of the location or any change in the
location where his records are stored;
(c) For failure to apply and pay the fee for renewal before the
expiration of the certificate or license; or
(d) As a result of a disciplinary proceeding against the appraiser.
2. An appraiser whose certificate or license has been placed on
inactive status shall not prepare or communicate appraisals until he
meets all the requirements for the reinstatement of his certificate or
license.
3. A certificate or license may be reinstated upon submission of
the required fee and proof of completion of the required hours of
continuing education, and upon approval by the Division.
(Added to NRS by 1989, 831; A 1991, 894)
1. An appraiser must complete the requirements for continuing
education prescribed by regulations adopted by the Commission as a
condition to the renewal of an active certificate or license or the
reinstatement of an inactive certificate or license. Until the Commission
adopts those regulations, the standards for continuing education are as
follows:
(a) For the renewal of an active certificate or license, not less
than 30 hours of instruction within the 2 years immediately preceding the
application for renewal.
(b) For the reinstatement of a certificate or license which has
been on inactive status:
(1) For not more than 2 years, or for more than 2 years
including the initial period of certification or licensure, not less than
30 hours of instruction.
(2) For more than 2 years, no part of which includes the
initial period of certification or licensure, not less than 15 hours of
instruction per year for each year that the certificate or license was on
inactive status, not to exceed 60 hours of instruction.
2. As used in this section, an “hour of instruction” means at
least 50 minutes of actual time spent receiving instruction.
(Added to NRS by 1989, 830; A 1991, 895; 1997, 300; 2005, 1295
)
1. The Commission shall adopt regulations governing the continuing
education of certified or licensed appraisers. The regulations must
include the criteria for approving each course and the requirements for
submission of proof of attendance at a course.
2. In approving courses for continuing education the Commission
shall authorize a variety of subjects and give consideration to
specialized areas of practice and the availability of programs. An
appropriate educational course given by an accredited university or
community college must be approved by the Commission.
(Added to NRS by 1989, 831; A 1991, 895)
1. The following fees may be charged and collected by the Division:
Application for a certificate, license or registration
card................................. $100
Issuance or renewal of a certificate or license as a residential
appraiser........ 290
Issuance or renewal of a certificate as a general
appraiser................................ 390
Issuance of a
permit.....................................................................
............................ 115
Issuance or renewal of a registration
card........................................................... 190
Issuance of a duplicate certificate or license for an additional
office................ 50
Change in the name or location of a
business....................................................... 20
Reinstatement of an inactive certificate or
license................................................ 30
Annual approval of a course of instruction offered in preparation for an
initial certificate or license 100
Original approval of a course of instruction offered for continuing
education 100
Renewal of approval of a course of instruction offered for continuing
education 50
2. The Division shall adopt regulations which establish the fees
to be charged and collected by the Division to pay the costs of:
(a) Any examination for a certificate or license, including any
costs which are necessary for the administration of such an examination.
(b) Any investigation of a person’s background.
(Added to NRS by 1989, 831; A 1991, 895; 1995, 995; 2001, 3169
; 2003, 1298 )
ENFORCEMENT
1. Grounds for disciplinary action against a certified or licensed
appraiser or registered intern include:
(a) Unprofessional conduct;
(b) Professional incompetence;
(c) A criminal conviction for a felony relating to the practice of
appraisers or any offense involving moral turpitude; and
(d) The suspension or revocation of a registration card,
certificate, license or permit to act as an appraiser in any other
jurisdiction.
2. If grounds for disciplinary action against an appraiser or
intern exist, the Commission may do one or more of the following:
(a) Revoke or suspend his certificate, license or registration card.
(b) Place conditions upon his certificate, license or registration
card, or upon the reissuance of a certificate, license or registration
card revoked pursuant to this section.
(c) Deny the renewal of his certificate, license or registration
card.
(d) Impose a fine of not more than $1,000 for each violation.
3. If a certificate, license or registration card is revoked by
the Commission, another certificate, license or registration card must
not be issued to the same appraiser or intern for at least 1 year after
the date of the revocation, or at any time thereafter except in the sole
discretion of the Administrator, and then only if the appraiser or intern
satisfies all the requirements for an original certificate, license or
registration card.
4. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1989, 831; A 1991, 896; 1993, 892; 2001, 525
; 2003, 2726 , 3471 )
In addition to any other remedy or penalty, the
Commission or the Division, as appropriate, may:
1. Refuse to issue a certificate, license or registration card to
a person who has failed to pay money which the person owes to the
Commission or the Division.
2. Refuse to renew, or suspend or revoke, the certificate, license
or registration card of a person who has failed to pay money which the
person owes to the Commission or the Division.
(Added to NRS by 2003, 1297 )
[Expires by limitation 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.]
1. If the Division receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder
of a license, certificate or registration card issued pursuant to this
chapter, the Division shall deem the license, certificate or registration
card issued to that person to be suspended at the end of the 30th day
after the date on which the court order was issued unless the Division
receives a letter issued to the holder of the license, certificate or
registration card by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the holder of the license, certificate or registration card has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to
NRS 425.560 .
2. The Division shall reinstate a license, certificate or
registration card issued pursuant to this chapter that has been suspended
by a district court pursuant to NRS 425.540 if the Division receives a letter issued by
the district attorney or other public agency pursuant to NRS 425.550
to the person whose license,
certificate or registration card was suspended stating that the person
whose license, certificate or registration card was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2174; A 2005, 2807 )
A certified or licensed appraiser or
registered intern is guilty of unprofessional conduct if he:
1. Willfully uses a trade name, service mark or insigne indicating
membership in an organization for appraisers of which he is not a member;
2. Violates any order of the Commission, agreement with the
Division, provision of this chapter or provision of any regulation
adopted pursuant to this chapter;
3. Fails to disclose to any person with whom he is dealing any
material fact or other information he knows, or in the exercise of
reasonable care and diligence should know, concerning or relating to any
real estate he appraises, including any interest he has in the real
estate;
4. Knowingly communicates a false or fraudulent appraisal to any
interested person or otherwise engages in any deceitful, fraudulent or
dishonest conduct;
5. Enters into a contract to prepare an appraisal by which his
compensation is based partially or entirely on the amount of the
appraised value of the real estate;
6. Before obtaining his license or registration card, engaged in
any conduct of which the Division is not aware that would be a ground for
the denial of a certificate, license or registration card; or
7. Makes a false statement of material fact on his application.
(Added to NRS by 1989, 832; A 1991, 896)
1. A certified or licensed appraiser is guilty of unprofessional
conduct if he:
(a) Fails to produce any document, book or record in his possession
or under his control after being requested to do so by the Division as
part of its investigation of a complaint;
(b) Refuses to prepare or communicate an appraisal because of age,
race, color, national origin, disability, familial status, sex or ethnic
group; or
(c) Fails to supervise adequately an intern associated with him.
2. As used in this section:
(a) “Disability” means, with respect to a person:
(1) A physical or mental impairment that substantially
limits one or more of the major life activities of the person;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
(b) “Familial status” means the fact that a person:
(1) Lives with a child under the age of 18 and has:
(I) Lawful custody of the child; or
(II) Written permission to live with the child from
the person who has lawful custody of the child;
(2) Is pregnant; or
(3) Has begun a proceeding to adopt or otherwise obtain
lawful custody of a child.
(Added to NRS by 1989, 832; A 1991, 897, 1983; 1995, 1995)
Unprofessional conduct by an appraiser is not a ground for the
revocation or suspension of the registration card of an intern, or the
certificate or license of another appraiser, who is associated with that
appraiser unless it appears to the satisfaction of the Commission that
the associate knew or should have known of that conduct. A course of
conduct which is shown to have been persistently and consistently
followed by the appraiser guilty of unprofessional conduct is prima facie
evidence of that knowledge on the part of the associate.
(Added to NRS by 1989, 832; A 1991, 897)
[Effective until the date 2 years after the date of the repeal
of the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.]
1. Except as otherwise provided in NRS 425.540 , the procedure set forth in this section and
NRS 645C.510 and 645C.520 must be followed before the Commission
revokes, suspends or denies the renewal of a certificate, license or
registration card.
2. Upon the initiation of a complaint by the Administrator, he
shall set the matter for a hearing and schedule a date for the hearing
before the Commission. The appraiser or intern is entitled to appear at
the hearing in person and to be represented by counsel.
3. The Commission shall hold the hearing within 90 days after the
filing of a complaint by the Administrator. The hearing may be continued
by the Commission upon its own motion, or at the discretion of the
Commission upon the written request of the Division, appraiser or intern,
for good cause shown.
4. The Division shall give written notice of the date, time and
place of the hearing, together with a copy of the complaint and copies of
all communications, reports, affidavits or depositions in the possession
of the Division relevant to the complaint, to the appraiser or intern not
less than 30 days before the hearing. The Division may present evidence
it obtains after the notice was given only if it shows that the evidence
was not available upon diligent investigation before the notice was given
and that the evidence was given or communicated to the appraiser or
intern immediately after it was obtained.
5. Notice pursuant to this section is deemed to be given upon
personal delivery to the appraiser or intern, or upon mailing by
certified mail to his last known address. If the complaint is against an
intern, the Division shall also notify the appraiser with whom he is
associated by mailing an exact statement of the charges, and the date,
time and place of the hearing, by certified mail to the last known
address of the appraiser.
(Added to NRS by 1989, 833; A 1991, 897; 1997, 2175; 2001, 526
; 2005, 2807 )
[Effective on the date 2 years after the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.]
1. The procedure set forth in this section and NRS 645C.510 and 645C.520 must be followed before the Commission
revokes, suspends or denies the renewal of a certificate, license or
registration card.
2. Upon the initiation of a complaint by the Administrator, he
shall set the matter for a hearing and schedule a date for the hearing
before the Commission. The appraiser or intern is entitled to appear at
the hearing in person and to be represented by counsel.
3. The Commission shall hold the hearing within 90 days after the
filing of a complaint by the Administrator. The hearing may be continued
by the Commission upon its own motion, or at the discretion of the
Commission upon the written request of the Division, appraiser or intern,
for good cause shown.
4. The Division shall give written notice of the date, time and
place of the hearing, together with a copy of the complaint and copies of
all communications, reports, affidavits or depositions in the possession
of the Division relevant to the complaint, to the appraiser or intern not
less than 30 days before the hearing. The Division may present evidence
it obtains after the notice was given only if it shows that the evidence
was not available upon diligent investigation before the notice was given
and that the evidence was given or communicated to the appraiser or
intern immediately after it was obtained.
5. Notice pursuant to this section is deemed to be given upon
personal delivery to the appraiser or intern, or upon mailing by
certified mail to his last known address. If the complaint is against an
intern, the Division shall also notify the appraiser with whom he is
associated by mailing an exact statement of the charges, and the date,
time and place of the hearing, by certified mail to the last known
address of the appraiser.
(Added to NRS by 1989, 833; A 1991, 897; 1997, 2175; 2001, 526
; 2005, 2807 , effective on the date 2 years after the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings)
1. The appraiser or intern must file an answer to the charges with
the Commission not later than 30 days after service of the notice and
other documents described in NRS 645C.500 . The answer must contain an admission or
denial of the allegations contained in the complaint and any defenses
upon which the appraiser or intern will rely. If no answer is filed
within the period described in this subsection, the Division may, after
notice to the appraiser or intern given in the manner provided in
subsection 5 of NRS 645C.500 , move
the Commission for the entry of a default against the appraiser or intern.
2. The answer may be served by delivery to the Commission, or by
mailing the answer by certified mail to the principal office of the
Division.
3. No proceeding to suspend, revoke or deny the renewal of a
certificate, license or registration card may be maintained unless it is
commenced by giving notice to the appraiser or intern within 5 years
after the commission or omission of the alleged grounds to suspend,
revoke or deny the renewal of the certificate, license or registration,
except that:
(a) If the charges are based upon a misrepresentation or failure to
disclose, the period does not commence until the discovery of facts which
do or should lead to the discovery of the misrepresentation or failure to
disclose; and
(b) The period is suspended during the pendency of any action or
proceeding, to which the Division, appraiser or intern is a party, which
involves the conduct of the appraiser or intern in a transaction to which
the alleged grounds to suspend, revoke or deny the renewal of the
certificate, license or registration are related.
(Added to NRS by 1989, 833; A 1991, 898; 2001, 526 ; 2005, 1296 )
The Commission shall render a decision within
15 days after a hearing and serve the appraiser or intern with written
notice of the decision within 60 days after the hearing. If the decision
is adverse to the appraiser or intern, the notice must include the date
upon which the decision becomes effective, which must be not less than 30
days after the date of the notice.
(Added to NRS by 1989, 834)
The expiration or revocation of a
certificate, license or registration card by operation of law or by order
or decision of the Commission or a court of competent jurisdiction, or
the voluntary surrender of a certificate, license or registration card by
a certified or licensed appraiser or registered intern does not:
1. Prohibit the Commission or Division from initiating or
continuing an investigation of, or action or disciplinary proceeding
against, the certified or licensed appraiser or registered intern as
authorized pursuant to the provisions of this chapter or the regulations
adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine or penalty
authorized pursuant to the provisions of this chapter or the regulations
adopted pursuant thereto against the certified or licensed appraiser or
registered intern.
(Added to NRS by 2001, 525 )
1. Any member of the Commission may administer oaths and issue
subpoenas to compel the attendance of witnesses and the production of
books and papers.
2. If any witness refuses to attend, testify or produce any books
and papers as required by the subpoena, the Administrator or the
President of the Commission may report to the district court by petition,
setting forth that:
(a) Due notice has been given of the time and place of attendance
of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the Commission pursuant to
this section; and
(c) The witness has failed or refused to attend or produce the
books and papers required by the subpoena before the Commission, or has
refused to answer questions propounded to him,
Ê and asking for an order of the court compelling the witness to attend
and testify or produce the books and papers before the Commission.
3. Upon such a petition, the court shall enter an order directing
the witness to appear before the court at a time and place to be fixed by
the court in its order, the time to be not more than 10 days after the
date of the order, and then and there show cause why he has not attended,
testified or produced the books or papers before the Commission. A
certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly
issued by the Commission, the court shall enter an order that the witness
appear before the commission, at the time and place fixed in the order,
and testify or produce the required books and papers. Upon failure to
obey the order the witness must be dealt with as for contempt of court.
(Added to NRS by 1989, 834)
1. Each witness who appears by order of the Commission is entitled
to receive for his attendance the same fees and mileage allowed by law to
a witness in a civil case, which must be paid by the party at whose
request the witness is subpoenaed.
2. When a witness not otherwise required to attend is subpoenaed
by the Commission, his fees and mileage must be paid by the Division.
(Added to NRS by 1989, 834)
1. Whenever the Division believes from evidence satisfactory to it
that any person has violated or is about to violate a provision of this
chapter, or a provision of any regulation, order, decision, demand or
requirement of the Division or the Commission, it may bring an action, in
the name of the Division, in the district court of the State of Nevada in
and for the county where the person resides, or, if the person resides
outside the State of Nevada, in any court of competent jurisdiction
within or outside the State of Nevada, against the person to enjoin him
from engaging in or continuing the violation, or from doing any act or
acts in furtherance of the violation.
2. If the action is brought in a district court of the State of
Nevada, an order or judgment may be entered, when proper, awarding a
temporary restraining order, preliminary injunction or final injunction.
A preliminary injunction or temporary restraining order must not be
granted without at least 5 days’ notice to the opposite party.
(Added to NRS by 1989, 825)
1. In addition to any other remedy or penalty, the Commission may
impose an administrative fine against any person who knowingly:
(a) Engages or offers to engage in any activity for which a
certificate, license or registration card or any type of authorization is
required pursuant to this chapter, or any regulation adopted pursuant
thereto, if the person does not hold the required certificate, license or
registration card or has not been given the required authorization; or
(b) Assists or offers to assist another person to commit a
violation described in paragraph (a).
2. If the Commission imposes an administrative fine against a
person pursuant to this section, the amount of the administrative fine
may not exceed the amount of any gain or economic benefit that the person
derived from the violation or $5,000, whichever amount is greater.
3. In determining the appropriate amount of the administrative
fine, the Commission shall consider:
(a) The severity of the violation and the degree of any harm that
the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit that the
person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Commission deems to
be relevant.
4. Before the Commission may impose the administrative fine, the
Commission must provide the person with notice and an opportunity to be
heard.
5. The person is entitled to judicial review of the decision of
the Commission in the manner provided by chapter 233B of NRS.
6. The provisions of this section do not apply to a person who
engages or offers to engage in activities within the purview of this
chapter if:
(a) A specific statute exempts the person from complying with the
provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption while
engaging or offering to engage in those activities.
(Added to NRS by 2003, 1297 )
1. Any person who obtains or attempts to obtain a certificate,
license or registration card by means of intentional misrepresentation,
deceit or fraud shall be punished by imprisonment in the state prison for
not less than 1 year nor more than 6 years, or by a fine of not more than
$10,000, or by both a fine and imprisonment.
2. Any certified or licensed appraiser or registered intern who is
guilty of unprofessional conduct shall be punished, in addition to any
administrative fine imposed by the Commission, by a criminal fine of not
more than $500 for each offense.
3. Any person who:
(a) Holds himself out as a certified or licensed appraiser or
registered intern;
(b) Uses in connection with his name the words “licensed,”
“registered,” “certified” or any other title, word, letter or other
designation intended to imply or designate that he is a certified or
licensed appraiser or registered intern; or
(c) Describes or refers to any appraisal or other valuation of real
estate prepared by him as “certified” or “licensed” in this state,
Ê without first obtaining a certificate, license or permit as provided in
this chapter is guilty of a gross misdemeanor.
(Added to NRS by 1989, 834; A 1991, 898)
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