As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 648.006
to 648.016 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1967, 1363; A 1985, 1332; 1987, 2136; 1989, 1210)
“Board” means the Private
Investigator’s Licensing Board.
(Added to NRS by 1967, 1363)
“Dog handler” means any
person who, for compensation, handles, supplies or trains dogs for the
protection or safety of persons or property.
(Added to NRS by 1971, 1087; A 1983, 734; 1985, 1333)
“Intern” means a person who is
involved in the study of polygraphic examinations and their
administration.
(Added to NRS by 1985, 1328)
“License” means a license or
certificate issued pursuant to the provisions of this chapter.
(Added to NRS by 1985, 1328)
“Licensee” means any person who
holds a license or certificate issued pursuant to the provisions of this
chapter.
(Added to NRS by 1967, 1363; A 1985, 1333)
“Manager” means the individual
under whose direction, control, charge or management the business of a
licensee is operated.
(Added to NRS by 1967, 1363)
“Polygraph” means an instrument
or electronic or mechanical device which records or measures
physiological effects of psychological stimuli to permit the examiner or
intern to form an opinion concerning the veracity of statements made by
the person examined.
(Added to NRS by 1985, 1328)
“Polygraphic
examination” means the procedure by which an examiner or intern renders
his expert opinion as to the veracity of statements made by the person
examined.
(Added to NRS by 1985, 1328)
“Polygraphic examiner” or “examiner” means a person who by virtue of his
education, training and experience, is capable of conducting a valid and
reliable polygraphic examination.
(Added to NRS by 1985, 1328)
“Private
investigator” means any person who for any consideration engages in
business or accepts employment to furnish, or agrees to make or makes any
investigation for the purpose of obtaining, information with reference to:
1. The identity, habits, conduct, business, occupation, honesty,
integrity, credibility, knowledge, trustworthiness, efficiency, loyalty,
activity, movement, whereabouts, affiliations, associations,
transactions, acts, reputation or character of any person;
2. The location, disposition or recovery of lost or stolen
property;
3. The cause or responsibility for fires, libels, losses,
accidents or damage or injury to persons or to property;
4. Securing evidence to be used before any court, board, officer
or investigating committee; or
5. The prevention, detection and removal of surreptitiously
installed devices for eavesdropping or observation.
(Added to NRS by 1967, 1363; A 1985, 1333)
“Private patrolman”
means a person engaged in the business of employing and providing for
other persons watchmen, guards, patrolmen, uniformed officers to control
traffic, bodyguards or other persons for the purpose of protecting
persons or property, including armored transport, to prevent the theft,
loss or concealment of property of any kind or to investigate the theft,
loss or concealment of property he has been hired to protect.
(Added to NRS by 1967, 1363; A 1971, 869; 1973, 682; 1985, 1333;
1991, 182)
“Process server” means a
person, other than a peace officer of the State of Nevada, who engages in
the business of serving legal process within this State.
(Added to NRS by 1967, 1363; A 1985, 1333)
“Repossessor” means a person
who engages in business or accepts employment to locate or recover
personal property which has been sold under a conditional sales agreement
or which is subject to any other security interest.
(Added to NRS by 1967, 1364)
“Security consultant”
means a person licensed as a private patrolman or private investigator
who engages in the business of furnishing advice on the proper methods
and equipment for providing security and protection for persons and
property.
(Added to NRS by 1991, 182)
“Security guard” means a
person employed as a watchman, guard, security consultant, patrolman or
in any other similar position.
(Added to NRS by 1989, 1210)
The purpose of
licensing private investigators, private patrolmen, process servers,
repossessors, dog handlers, security consultants, and polygraphic
examiners and interns is to protect the public safety and general welfare
of the people of this State. Any license issued pursuant to this chapter
is a privilege that may be revoked in accordance with disciplinary
procedures set forth in this chapter and in regulations adopted by the
Board pursuant thereto, and no holder of such a license acquires thereby
any vested right.
(Added to NRS by 1997, 208)
Except as to polygraphic examiners and
interns, this chapter does not apply:
1. To any detective or officer belonging to the law enforcement
agencies of the State of Nevada or the United States, or of any county or
city of the State of Nevada, while the detective or officer is engaged in
the performance of his official duties.
2. To special police officers appointed by the police department
of any city, county, or city and county within the State of Nevada while
the officer is engaged in the performance of his official duties.
3. To insurance adjusters and their associate adjusters licensed
pursuant to the Nevada Insurance Adjusters Law who are not otherwise
engaged in the business of private investigators.
4. To any private investigator, private patrolman, process server,
dog handler or security consultant employed by an employer regularly in
connection with the affairs of that employer if a bona fide
employer-employee relationship exists, except as otherwise provided in
NRS 648.060 , 648.140 and 648.203 .
5. To a repossessor employed exclusively by one employer regularly
in connection with the affairs of that employer if a bona fide
employer-employee relationship exists, except as otherwise provided in
NRS 648.060 , 648.140 and 648.203 .
6. To a person engaged exclusively in the business of obtaining
and furnishing information as to the financial rating of persons.
7. To a charitable philanthropic society or association
incorporated under the laws of this State which is organized and
maintained for the public good and not for private profit.
8. To an attorney at law in performing his duties as such.
9. To a collection agency unless engaged in business as a
repossessor, licensed by the Commissioner of Financial Institutions, or
an employee thereof while acting within the scope of his employment while
making an investigation incidental to the business of the agency,
including an investigation of the location of a debtor or his assets and
of property which the client has an interest in or lien upon.
10. To admitted insurers and agents and insurance brokers licensed
by the State, performing duties in connection with insurance transacted
by them.
11. To any bank organized pursuant to the laws of this State or to
any national bank engaged in banking in this State.
12. To any person employed to administer a program of supervision
for persons who are serving terms of residential confinement.
[2:85:1947; 1943 NCL § 5175.02] + [3:85:1947; A 1949, 149; 1943 NCL
§ 5175.03] + [4:85:1947; 1943 NCL § 5175.04]—(NRS A 1967, 179, 1362;
1969, 852; 1971, 1089, 1926, 1960; 1973, 686; 1983, 1709; 1985, 1343;
1987, 1886; 1989, 655; 1991, 182; 1995, 97)
PRIVATE INVESTIGATOR’S LICENSING BOARD
1. The Private Investigator’s Licensing Board, consisting of the
Attorney General or his deputy and four members appointed by the
Governor, is hereby created.
2. The Governor shall appoint:
(a) One member who is a private investigator.
(b) One member who is a private patrolman.
(c) One member who is a polygraphic examiner.
(d) One member who is a representative of the general public. This
member must not be:
(1) A licensee; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a licensee.
3. The Chairman of the Board is the Attorney General or a deputy
attorney general designated by the Attorney General to act in that
capacity.
4. Each member of the Board, except the Chairman, is entitled to
receive:
(a) A salary of not more than $80, as fixed by the Board, for each
day or portion of a day during which he attends a meeting of the Board;
and
(b) A per diem allowance and travel expenses at a rate fixed by the
Board, while engaged in the business of the Board. The rate must not
exceed the rate provided for state officers and employees generally.
5. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
6. The member who is a representative of the general public shall
not participate in preparing, conducting or grading any examination
required by the Board.
[17:85:1947; A 1953, 323]—(NRS A 1967, 179, 1358; 1969, 851; 1977,
1260; 1981, 1637; 1985, 1333; 1987, 2136; 1989, 1705; 2003, 1199 )
The Board may:
1. Appoint an Executive Director who:
(a) Is in the unclassified service of the State; and
(b) Shall perform such duties as the Board may prescribe; and
2. Employ investigators and clerical personnel necessary to carry
out the provisions of this chapter.
(Added to NRS by 1995, 303)
1. The Board shall from time to time adopt regulations to enable
it to carry out the provisions of this chapter.
2. The Board shall classify licensees according to the type of
business in which they are engaged and may limit the field and scope of
the operations of a licensee to those in which he is classified.
3. The Board shall establish the criteria for:
(a) Authorizing self-insurance maintained by licensees pursuant to
NRS 648.135 .
(b) Levying fines contained in notices of violation based upon the
following factors:
(1) The seriousness of the violation.
(2) The good faith of the person being charged.
(3) A person’s history of previous violations.
4. The Board may by regulation fix qualifications of licensees and
of the directors and officers of corporate licensees necessary to promote
the public welfare.
5. The Board may by regulation require licensees and their
employees to attend courses in firearm safety conducted by instructors
approved by the Board. The Board may require a licensee or his employee
to complete a certain amount of training in firearm safety before he may
be permitted to carry a firearm in the course of his duties.
[19:85:1947; A 1953, 323]—(NRS A 1967, 1358; 1973, 682; 1979, 930;
1981, 102; 1985, 1334; 1987, 2136; 1989, 1753)
1. The Board shall maintain a public record of:
(a) The business it transacts at its regular and special meetings;
and
(b) The applications received by it together with the record of the
disposition of each application.
2. Information obtained by the Board from other than public
sources concerning the:
(a) Financial condition; or
(b) Criminal record,
Ę of an applicant or a licensee is confidential and may be revealed only
to the extent necessary for the proper administration of the provisions
of this chapter.
3. The Board may release information described in subsection 2 to
an agency of the Federal Government, of a state or of a political
subdivision of this State.
4. The Board shall adopt by regulation a procedure for notifying
the applicant or licensee of the release of confidential information
pursuant to subsections 2 and 3. The Board shall release information
described in subsection 2 concerning an applicant or licensee to the
applicant or licensee upon request.
5. Except as otherwise provided in this section, a complaint filed
with the Board, 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 against a person are confidential, unless the person submits a
written statement to the Board requesting that such documents and
information be made public records.
6. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all other documents and information
considered by the Board when determining whether to impose discipline are
public records.
7. The provisions of this section do not prohibit the Board from
communicating or cooperating with or providing any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 1985, 1330; A 2005, 802 )
Repealed. (See chapter 225, Statutes of Nevada 2005, at page 807 .)
Except as otherwise
provided in NRS 648.033 , a person who
wishes to obtain information possessed by the Board that is declared by
law to be confidential must apply to the district court for an order
directing the release of the information. The person shall give the
Board, the Attorney General, and each person who may be affected by the
order 10 days’ written notice of his intention to make the application.
The notice must include a copy of the motion and all papers that will be
offered in support of the application. The notice to persons other than
the Board and the Attorney General may be made by personal delivery or by
certified mail to the person’s last known address.
(Added to NRS by 1985, 1329; A 1993, 2806)
Except in a proceeding brought
by the State, the Board may refuse to reveal the identity of an informant
or the information obtained from the informant.
(Added to NRS by 1985, 1330)
1. Except as otherwise provided in subsection 6, all money
received pursuant to the provisions of this chapter must be deposited in
the State Treasury for credit to the Attorney General’s Special Fund and
must be used by the Board for the administration of this chapter and to
pay the expenses and salary of members, agents and employees of the Board.
2. Any amount remaining in the Fund at the end of a fiscal year
must be carried forward into the next fiscal year.
3. The Board through majority vote controls exclusively the
expenditures from the Fund. The Board may not make expenditures or incur
liabilities in a total amount greater than the amount of money actually
available in the Fund.
4. Except as otherwise provided in subsection 6, the money in this
Fund may be used to:
(a) Pay the expenses of the Board in connection with the
investigation of the background of an applicant;
(b) Finance a substantive investigation of a licensee or of
unlicensed activity; and
(c) Pay the operational and administrative expenses of the Board
and its Secretary,
Ę and for such other expenses as the Board deems appropriate to regulate
the persons subject to its supervision.
5. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant
to this chapter, impose and collect fines therefor and deposit the money
therefrom in the State Treasury for credit to the Attorney General’s
Special Fund.
6. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 5, the Board shall deposit the
money collected from the imposition of fines with the State Treasurer for
credit to the State General Fund. In such a case, the Board may present a
claim to the State Board of Examiners for recommendation to the Interim
Finance Committee if money is needed to pay attorney’s fees or the costs
of an investigation, or both.
[22:85:1947; 1943 NCL § 5175.22]—(NRS A 1967, 179, 1359; 1969, 852;
1971, 869; 1977, 384; 1979, 120; 1983, 1544; 1985, 1334; 1993, 892; 2005,
802 )
A member of the Board or an employee
or agent of the Board is not liable in a civil action for any act
performed in good faith and within the scope of the duties of the Board
pursuant to the provisions of this chapter.
(Added to NRS by 1997, 209)
LICENSES
1. No person may:
(a) Engage in the business of private investigator, private
patrolman, process server, repossessor, dog handler, security consultant,
or polygraphic examiner or intern; or
(b) Advertise his business as such, irrespective of the name or
title actually used,
Ę unless he is licensed pursuant to this chapter.
2. No person may be employed by a licensee unless the person holds
a work card issued by the sheriff of the county in which the work is to
be performed. The provisions of this subsection do not apply to a person
licensed pursuant to this chapter.
3. A person licensed pursuant to this chapter may employ only
another licensee, or a nonlicensed person who:
(a) Is at least 18 years of age.
(b) Is a citizen of the United States or lawfully entitled to
remain and work in the United States.
(c) Is of good moral character and temperate habits.
(d) Has not been convicted of a felony or a crime involving moral
turpitude or the illegal use or possession of a dangerous weapon.
[Part 5:85:1947; 1943 NCL § 5175.05]—(NRS A 1967, 1359; 1971, 1087;
1981, 1637; 1983, 734; 1985, 1335; 1987, 2137; 1989, 1210; 1991, 183;
1997, 87)
1. A license as a polygraphic examiner or intern is not required
under this chapter of a person who conducts polygraphic examinations
solely in the performance of official duties for a federal, state, county
or municipal law enforcement or investigative agency.
2. Persons who are exempt pursuant to subsection 1 shall comply
with all other provisions of this chapter.
3. Persons who are exempt and who meet the requirements of this
chapter for a license as a polygraphic examiner or intern may apply to
the Board for certification of their qualifications for a license in the
same manner as prescribed for licensing.
(Added to NRS by 1985, 1329)
An unlicensed person who performs a single act for which a license is
required has engaged in the business for which the license is required
and, unless exempt from licensing, has violated NRS 648.060 .
(Added to NRS by 1985, 1329)
1. Any person who, on July 1, 1967, is duly and regularly licensed
to conduct the business of private detective or act in the capacity of
private detective under the laws of this State shall not be required to
secure an additional license under this chapter. Any person so licensed
shall for all purposes be considered licensed under this chapter for the
license period and shall be subject to all provisions thereof.
2. This chapter shall not be construed to interfere with the right
of any person to continue to use the business name under which such
person was validly licensed on July 1, 1967.
3. Any person who on July 1, 1967, is lawfully engaged in this
State in any of the occupations required to be licensed under this
chapter may be so licensed or may renew such license without regard to
any qualification of education or experience prescribed by this chapter,
but must possess all other qualifications required.
(Added to NRS by 1967, 1365)
Every
applicant for a license pursuant to the provisions of this chapter must
file with the Board a written application accompanied by a nonrefundable
fee of $100 for each examination that the applicant wishes to take. The
written application must be in accordance with the following provisions:
1. If the applicant is a natural person the application must be
signed and verified by him.
2. If the applicant is a firm or partnership the application must
be signed and verified by each natural person composing or intending to
compose the firm or partnership.
3. If the applicant is a corporation:
(a) The application must be signed and verified by the president,
the secretary and the treasurer thereof, and must specify:
(1) The name of the corporation.
(2) The date and place of its incorporation.
(3) The amount of the corporation’s outstanding paid-up
capital stock.
(4) Whether this stock was paid for in cash or property, and
if in property, the nature and description of the property.
(5) The name of the person or persons affiliated with the
corporation who possess the qualifications required for a license under
this chapter.
(b) The application must be accompanied by a certified copy of the
corporation’s certificate of incorporation together with a certification
from the Secretary of State that the corporation is in good standing and,
if the corporation is a foreign corporation, a certification from the
Secretary of State that the corporation is qualified to do business in
this State.
(c) The successor to every such officer or a director shall, before
entering upon the discharge of his duties, sign and verify a like
statement, approved in like manner as this chapter prescribes for an
individual signatory to an application and shall transmit the statement
to the Board.
(d) In the event of the death, resignation or removal of such an
officer or a director, notice of that fact must be given in writing to
the Board within 10 days after the death, resignation or removal. The
Board shall conduct such an investigation of the successor pursuant to
NRS 648.100 as it deems necessary to
verify the successor’s qualifications.
4. If the applicant fails to pass the examination required by NRS
648.100 he must not be reexamined until
he has paid another fee of $100 to cover the cost of reexamination.
5. If the applicant is applying for a license as a dog handler,
the application must be accompanied by an additional fee of $100 to cover
the costs of an examination in the field. If the applicant fails to pass
the examination or cancels the examination within 48 hours before the
time scheduled for it, he may not be reexamined in the field until he has
paid an additional fee of $100.
Ę The forms for applications, including the instructions, may be obtained
from the office of the Board. The Board shall, by regulation, charge a
fee to cover the cost of the preparation of the forms and instructions.
[Part 6:85:1947; A 1949, 149; 1953, 323]—(NRS A 1967, 1359; 1971,
870; 1973, 682; 1983, 734, 1601; 1985, 1335)
1. An applicant must answer all the questions and provide all the
information required by the application. The applicant may include
additional information on plain paper. If the Secretary determines that
the application is incomplete, improperly completed or illegible, the
application, together with all associated documents and any fees paid,
must be returned to the applicant without further action.
2. An application is valid for 6 months after the date of filing
with the Board. It is the responsibility of the applicant to comply with
all procedures and necessary appearances in connection with an
application before the expiration of the 6 months. The Board may, for
good cause shown, extend the period.
3. The Board may summarily deny any application for a license
which is still pending before the Board 6 months after the date of filing.
4. The applicant has the burden of proving his qualifications and
suitability for the license.
5. By filing an application with the Board, an applicant accepts
the risk of adverse public notice, embarrassment, criticism or other
action with respect to his application, and expressly waives any claim
for damages as a result thereof.
(Added to NRS by 1985, 1329)
Every application for a
license must contain:
1. A detailed statement of the applicant’s personal history on the
form specified by the Board. If the applicant is a corporation, the
application must include such a statement concerning each officer and
director.
2. A statement of the applicant’s financial condition on the form
specified by the Board. If the applicant is a corporation, the
application must include such a statement concerning each officer and
director.
3. A specific description of the location of the principal place
of business of the applicant, the business in which he intends to engage
and the category of license he desires.
4. A complete set of fingerprints which the Board may forward to
the Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report.
5. A recent photograph of the applicant or, if the applicant is a
corporation, of each officer and director.
6. Evidence supporting the qualifications of the applicant in
meeting the requirements for the license for which he is applying.
7. If the applicant is not a natural person, the full name and
residence address of each of its partners, officers, directors and
manager, and a certificate of filing of a fictitious name.
8. Such other facts as may be required by the Board to show the
good character, competency and integrity of each signatory.
[Part 6:85:1947; A 1949, 149; 1953, 323]—(NRS A 1967, 1359; 1971,
1088; 1985, 1336; 2003, 2865 )
Repealed. (See chapter 501, Statutes of Nevada 2005, at page
2818 .)
[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) A natural person who applies for the issuance of a license or
work card issued pursuant to this chapter shall include the social
security number of the applicant in the application submitted to the
Board.
(b) A natural person who applies for the issuance or renewal of a
license or work card issued pursuant to this chapter shall submit to the
Board the statement prescribed by the 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 Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license or work card; or
(b) A separate form prescribed by the Board.
3. A license or work card may not be issued or renewed by the
Board pursuant to this chapter if the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2176; A 2005, 2792 , 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, a natural person who applies for the issuance or renewal of a
license or work card issued pursuant to this chapter shall submit to the
Board the statement prescribed by the 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 Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license or work card; or
(b) A separate form prescribed by the Board.
3. A license or work card may not be issued or renewed by the
Board pursuant to this chapter if the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2176; A 2005, 2792 , 2793 , 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. The Board shall require an applicant to pass a written
examination for an initial license and may require an applicant to pass
an oral examination. Examinations must be given at least four times a
year.
2. The Board shall conduct such investigation of an applicant,
including the directors and officers of a corporate applicant, as it
considers necessary. An applicant shall deposit with the Board at the
time of making an initial application for any license a fee of $750 for
the first category of license and $250 for each additional category of
license for which application is made, which must be applied to the cost
of conducting the investigation. An individual applicant who is a
resident of Nevada is liable for the entire cost of the investigation up
to a maximum cost of $1,500 for the first category of license and $500
for each additional category of license for which application is made. A
corporate applicant or an individual applicant who is not a resident of
Nevada is liable for the entire cost of the investigation. Each applicant
must pay the entire fee for which he is liable before taking an
examination.
3. The Board may refuse to grant a license if it determines that
the applicant has:
(a) Committed any act which if committed by a licensee would be a
ground for the suspension or revocation of a license under this chapter.
(b) Committed any act constituting dishonesty or fraud.
(c) Demonstrated untruthfulness or a lack of integrity.
(d) Been refused a license under this chapter or had a license
revoked.
(e) Been an officer, director, partner or manager of any firm,
partnership, association or corporation which has been refused a license
under this chapter or whose license has been revoked.
(f) While unlicensed, performed any act for which a license is
required by this chapter.
(g) Knowingly made any false statement in his application.
(h) Refused to provide any information required by the Board.
4. The Board shall provide the applicant with a copy of the report
of the investigation within a reasonable time after it receives the
completed report.
[8:85:1947; A 1953, 323]—(NRS A 1967, 1360; 1973, 683; 1983, 1602;
1985, 24, 1337; 1987, 2137)
1. Before the Board grants any license, the applicant, including
each director and officer of a corporate applicant, must:
(a) Be at least 21 years of age.
(b) Be a citizen of the United States or lawfully entitled to
remain and work in the United States.
(c) Be of good moral character and temperate habits.
(d) Have no conviction of:
(1) A felony relating to the practice for which the
applicant wishes to be licensed; or
(2) Any crime involving moral turpitude or the illegal use
or possession of a dangerous weapon.
2. Each applicant, or the qualifying agent of a corporate
applicant, must:
(a) If an applicant for a private investigator’s license, have at
least 5 years’ experience as an investigator, or the equivalent thereof,
as determined by the Board.
(b) If an applicant for a repossessor’s license, have at least 5
years’ experience as a repossessor, or the equivalent thereof, as
determined by the Board.
(c) If an applicant for a private patrolman’s license, have at
least 5 years’ experience as a private patrolman, or the equivalent
thereof, as determined by the Board.
(d) If an applicant for a process server’s license, have at least 2
years’ experience as a process server, or the equivalent thereof, as
determined by the Board.
(e) If an applicant for a dog handler’s license, demonstrate to the
satisfaction of the Board his ability to handle, supply and train
watchdogs.
(f) If an applicant for a license as an intern, have:
(1) Received:
(I) A baccalaureate degree from an accredited college
or university and have at least 1 year’s experience in investigation or
polygraphic examination satisfactory to the Board;
(II) An associate degree from an accredited college or
university and have at least 3 years’ experience; or
(III) A high school diploma or its equivalent and have
at least 5 years’ experience; and
(2) Satisfactorily completed a basic course of instruction
in polygraphic techniques satisfactory to the Board.
(g) If an applicant for a license as a polygraphic examiner:
(1) Meet the requirements contained in paragraph (f);
(2) Have actively conducted polygraphic examinations for at
least 2 years;
(3) Have completed successfully at least 250 polygraphic
examinations, including at least 100 examinations concerning specific
inquiries as distinguished from general examinations for the purpose of
screening;
(4) Have completed successfully at least 50 polygraphic
examinations, including 10 examinations concerning specific inquiries,
during the 12 months immediately before the date of his application; and
(5) Have completed successfully at least 24 hours of
advanced polygraphic training acceptable to the Board during the 2 years
immediately before the date of his application.
(h) Meet other requirements as determined by the Board.
3. The Board, when satisfied from recommendations and
investigation that the applicant is of good character, competency and
integrity, may issue and deliver a license to the applicant entitling him
to conduct the business for which he is licensed, for the period which
ends on July 1 next following the date of issuance.
4. For the purposes of this section, 1 year of experience consists
of 2,000 hours of experience.
[9:85:1947; A 1953, 323]—(NRS A 1967, 1360; 1971, 1088; 1973, 684;
1977, 1567; 1981, 1637; 1983, 735; 1985, 1337; 1997, 209; 2003, 2729
)
The
Board may issue a license to any person who is licensed as a polygraphic
examiner in another state if:
1. The requirements for the license in that jurisdiction at the
time the license was issued are deemed by the Board to be equivalent to
the requirements for a license in this State;
2. The jurisdiction extends the same privileges to a person
licensed in this State; and
3. The person submits the application and undergoes the
investigation required for licensing.
(Added to NRS by 1985, 1329)
1. A license issued pursuant to this chapter may not be issued or
renewed until the applicant or licensee pays to the Board a license fee
prescribed by the Board in an amount not exceeding $500 for each category
of license being issued or renewed.
2. A license held in abeyance may not be renewed until the
licensee pays to the Board a license fee prescribed by the Board in an
amount not exceeding $100 for each category of license being renewed.
3. The license fee must be paid annually and is due on July 1. The
Board may provide that the fee be reduced ratably for portions of the
license period.
4. A license held in abeyance may be reinstated upon payment to
the Board of $100 for each category of license and the annual license fee
prescribed pursuant to subsection 1 for each category of license.
5. The Board shall prescribe by regulation the circumstances under
which the Board will hold a license in abeyance.
[21:85:1947; 1943 NCL § 5175.21]—(NRS A 1967, 1361; 1977, 384;
1979, 930; 1981, 1043; 1983, 1603; 1985, 1339; 1989, 1753)
1. Before issuing any license or annual renewal thereof, the Board
shall require satisfactory proof that the applicant or licensee:
(a) Is covered by a policy of insurance for protection against
liability to third persons, with limits of liability in amounts not less
than $200,000, written by an insurance company authorized to do business
in this State; or
(b) Possesses and will continue to possess sufficient means to act
as a self-insurer against that liability.
2. Every licensee shall maintain the policy of insurance or
self-insurance required by this section. The license of every such
licensee is automatically suspended 10 days after receipt by the licensee
of notice from the Board that the required insurance is not in effect,
unless satisfactory proof of insurance is provided to the Board within
that period.
3. Proof of insurance or self-insurance must be in such a form as
the Board may require.
(Added to NRS by 1973, 681; A 1985, 1339; 1987, 2137)
1. Any license obtained pursuant to the provisions of this chapter
gives the licensee or any bona fide employee of the licensee authority to
engage in the type of business for which he is licensed in any county or
city in the State of Nevada. A county or city shall not enact ordinances
regulating persons licensed pursuant to this chapter, except:
(a) Ordinances regulating the employer-employee relationship of
licensees and their unlicensed employees; and
(b) General business regulations designed to raise revenue or
assure compliance with building codes and ordinances or regulations
concerning zoning and safety from fire.
2. Except for polygraphic examiners and interns, a licensee may
employ, in connection with his business, as many unlicensed persons as
may be necessary, but at all times every licensee is accountable for the
good conduct of every person employed by him in connection with his
business. Each licensee shall furnish the Board with the information
requested by it concerning all unlicensed employees, except clerical
personnel, and shall notify the Board within 10 days after such employees
begin or terminate their employment.
3. The Board may by regulation require that a licensee pay
registration fees for each of his unlicensed employees, except clerical
employees, and impose such terms and conditions in connection with those
fees as it deems appropriate. The registration fee must not exceed $10
for each unlicensed employee.
4. Each licensee shall report quarterly on forms provided by the
Board the name of each unlicensed employee employed by him at the time of
the report and the name of each unlicensed employee who has left his
employ since the date of the last quarterly report. The report required
by this subsection is in addition to the reports required by subsection 2.
[10:85:1947; A 1953, 323] + [14:85:1947; 1943 NCL § 5175.14]—(NRS A
1967, 1361; 1979, 930; 1985, 1340; 1987, 2138; 1991, 183)
1. The license, when issued, shall be in such form as may be
determined by the Board and shall include:
(a) The name of the licensee.
(b) The name under which the licensee is to operate.
(c) The number and date of the license.
(d) The expiration date of the license.
(e) If the licensee is a corporation, the name of the person or
persons affiliated with the corporation on the basis of whose
qualifications such license is issued.
(f) The classification or classifications of work which the license
authorizes.
2. The license shall at all times be posted in a conspicuous place
in the principal place of business of the licensee.
3. Upon the issuance of a license, a pocket card of such size,
design and content as may be determined by the Board shall be issued
without charge to each licensee, if an individual, or if the licensee is
a person other than an individual, to its manager and to each of its
officers, directors and partners, which card shall be evidence that the
licensee is duly licensed pursuant to this chapter. When any person to
whom a card is issued terminates his position, office or association with
the licensee, the card shall be surrendered to the licensee and within 5
days thereafter shall be mailed or delivered by the licensee to the Board
for cancellation.
4. A licensee shall, within 30 days after such change, notify the
board of any and all changes of his address, of the name under which he
does business, and of any change in its officers, directors or partners.
5. A license issued under this chapter is not assignable.
(Added to NRS by 1967, 1364; A 1973, 684)
A
license issued under the provisions of this chapter and the cards issued
pursuant to NRS 648.142 expire on June
30 of each year. A licensee desiring a renewal of his license must file
an application for renewal on or before June 30 on a form prescribed by
the Board which is accompanied by the fee prescribed pursuant to NRS
648.120 and all information required to
complete the application for renewal. A renewal license for the next
ensuing year must then be issued together with renewal cards for the
persons described in subsection 3 of NRS 648.142 .
(Added to NRS by 1967, 1364; A 1989, 1754; 1997, 2177; 2005, 2793
, 2807 )
If a licensee
fails to renew his license within the time fixed by NRS 648.144 , his license is automatically forfeited, but
may be reinstated within 30 days after the date of the forfeiture upon
his compliance with the regulations of the Board, his submission of an
application and all information required to complete the application and
payment of a reinstatement fee of $100. Reinstatement of a forfeited
license does not prohibit the bringing of disciplinary proceedings for
any act committed during the period of forfeiture.
(Added to NRS by 1967, 1364; A 1971, 870; 1985, 1340; 1997, 2177;
2005, 2793 , 2807 )
1. Each licensee shall file with the Board the complete address of
his principal place of business including the name and number of the
street, or, if the street where the business is located is not numbered,
the number of the post office box. The Board may require the filing of
other information for the purpose of identifying such principal place of
business.
2. Every advertisement by a licensee soliciting or advertising
business shall contain his name and address as they appear in the records
of the Board.
(Added to NRS by 1967, 1364)
1. Each licensee shall file in writing with the Board the address
of each branch office and pay to the Board an annual fee of $50 for each
branch office registered. Within 10 days after the establishment, closing
or changing of location of a branch office, a licensee shall notify the
Board in writing of that fact.
2. Upon the application of a licensee and the prepayment of the
fee, the Board may issue a certificate for a branch office.
(Added to NRS by 1967, 1365; A 1985, 1340)
DISCIPLINARY PROCEEDINGS
The Board may
discipline any licensee for any of the following causes:
1. Conviction of a felony relating to the practice of the licensee
or of any offense involving moral turpitude.
2. Violation of any of the provisions of this chapter or of a
regulation adopted pursuant thereto.
3. A false statement by the licensee that any person is or has
been in his employ.
4. Any unprofessional conduct or unfitness of the licensee or any
person in his employ.
5. Any false statement or the giving of any false information in
connection with an application for a license or a renewal or
reinstatement of a license.
6. Any act in the course of the licensee’s business constituting
dishonesty or fraud.
7. Impersonation or aiding and abetting an employee in the
impersonation of a law enforcement officer or employee of the United
States of America, or of any state or political subdivision thereof.
8. During the period between the expiration of a license for the
failure to renew within the time fixed by this chapter and the
reinstatement of the license, the commission of any act which would be a
cause for the suspension or revocation of a license, or grounds for the
denial of an application for a license.
9. Willful failure or refusal to render to a client services or a
report as agreed between the parties and for which compensation has been
paid or tendered in accordance with the agreement of the parties.
10. Commission of assault, battery or kidnapping.
11. Knowing violation of any court order or injunction in the
course of business as a licensee.
12. Any act which is a ground for denial of an application for a
license under this chapter.
13. Willfully aiding or abetting a person in a violation of a
provision of this chapter or a regulation adopted pursuant thereto.
[20:85:1947; 1943 NCL § 5175.20]—(NRS A 1967, 1362; 1973, 685;
1985, 1340; 2003, 2730 )
In addition to the causes specified
in NRS 648.150 , the Board may
discipline an intern or polygraphic examiner if he has:
1. Demonstrated incompetence or a physical or emotional disability
which prevents him from properly functioning as an intern or polygraphic
examiner;
2. Willfully made a false report of the results of a polygraphic
examination; or
3. Accepted a fee contingent upon the outcome of a polygraphic
examination.
(Added to NRS by 1985, 1332)
1. A private investigator licensed pursuant to this chapter shall
not obtain or seek access to information from the Department of Motor
Vehicles pursuant to subsection 3 of NRS 481.063 for any purpose other than a purpose that is
directly related to his investigation of an insurance claim.
2. If the Board finds that a violation of this section has
occurred, the Board shall, in addition to any other disciplinary action
it deems appropriate, suspend the license of the private investigator.
(Added to NRS by 1999, 1935 ; A 2001, 2634 )
[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 Board 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 or work card issued pursuant to this chapter, the Board shall
deem the license or work 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 Board receives a letter issued to the holder of the
license or work card by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the holder of the license or work card has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Board shall reinstate a license or work card issued
pursuant to this chapter that has been suspended by a district court
pursuant to NRS 425.540 if the Board
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person
whose license or work card was suspended stating that the person whose
license or work 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, 2176; A 2005, 2807 )
1. The Board may, upon its own motion:
(a) Investigate the actions of any person holding or claiming to
hold a license.
(b) Authorize a representative of the Board to issue a notice of
violation to any licensee or applicant for a license who, based upon
probable cause, has violated a requirement of this chapter, or any
standard, rule or order adopted or issued pursuant to this chapter.
2. The Board shall, upon the filing with it of a verified written
complaint by any person setting forth facts which, if proven, would
constitute grounds for refusal, suspension or revocation of a license,
investigate the actions of any person holding or claiming to hold a
license.
3. The Board has the power of subpoena in any proceeding before
the Board pursuant to this chapter concerning the activity of an
unlicensed person or discipline of a licensee. If any person refuses to
respond to a subpoena, the Board shall certify the facts to the district
court of the county where the hearing is being conducted. The court shall
thereupon issue an order directing the person to appear before the court
and show cause why he should not be punished as for contempt. The order
and a copy of the certified statement must be served on the person.
Thereafter the court has jurisdiction of the matter. The same proceedings
must be had, the same penalties may be imposed and the person charged may
purge himself of the contempt in the same way, as in the case of a person
who has committed a contempt in the trial of a civil action.
[Part 18:85:1947; A 1953, 323]—(NRS A 1971, 870; 1987, 2139; 1989,
1754)
1. Each notice of violation must:
(a) Be in writing and describe with particularity the nature of the
violation, including a reference to the section of this chapter or the
provision of the standard, rule, regulation or order alleged to have been
violated; and
(b) Inform the violator of his right to appeal the notice of
violation.
2. The notice of violation may:
(a) Impose a fine not to exceed $1,000;
(b) Allow a reasonable period for the abatement of the violation; or
(c) Contain an order for the payment of a reasonable sum to any
injured party.
3. A notice of violation may, by a notice of appeal given in
writing to the Board within 30 days after the date of the notice, be
appealed as to the:
(a) Alleged violation;
(b) Amount of the fine;
(c) Reasonableness of any period for correction required by the
notice of violation; or
(d) Procedural violations of the Board.
(Added to NRS by 1989, 1752)
1. The failure of a licensee to comply with a notice of violation
after it is final is a ground for suspension or revocation of his license.
2. The failure of an applicant for licensure to comply with a
notice of violation after it is final is a ground for denial of the
license.
(Added to NRS by 1989, 1752)
1. The Board may issue to a person who has violated NRS 648.060
a citation.
2. Such a citation must be in writing and describe with
particularity the nature of the violation. The citation must also inform
the person of the provisions of subsection 5. A separate citation must be
issued for each such violation.
3. If appropriate, the citation must contain an order of abatement
fixing a reasonable time for abatement of the violation.
4. The Board shall assess an administrative fine of:
(a) For the first such violation, $2,500.
(b) For the second such violation, $5,000.
(c) For the third or subsequent such violation, $10,000.
5. To appeal the finding of such a violation, the person must
request a hearing by written notice of appeal to the Board within 30 days
after the date of issuance of the citation.
(Added to NRS by 1993, 289)
1. The Board shall conduct a hearing within 90 days after
receiving a notice of appeal from a person who has received a notice of
violation or a citation except that:
(a) If the Board receives the notice of appeal less than 30 days
before a regularly scheduled meeting, it may conduct the hearing within
120 days after receiving the notice of appeal; and
(b) The Board may continue the date of the hearing for good cause
shown.
2. The Board shall deliver or send by registered or certified mail
a notice of hearing to all parties at least 10 days before the date of
the hearing.
(Added to NRS by 1989, 1753; A 1993, 289)
1. The complaint referred to in NRS 648.160 must be a written statement of charges which
must set forth in ordinary and concise language the acts or omissions
with which the respondent is charged. It must specify the statute or
regulation which the respondent is alleged to have violated, but must not
consist merely of charges raised in the language of the statute or
regulation.
2. Upon the filing of the complaint, the Board shall serve a copy
of the complaint upon the respondent either personally, or by registered
or certified mail at his address on file with the Board.
3. Except as provided in subsection 4, the respondent must answer
within 20 days after the service of the complaint. In his answer the
respondent:
(a) Must state in short and plain terms his defenses to each claim
asserted.
(b) Must admit or deny the facts alleged in the complaint.
(c) Must state which allegations he is without knowledge or
information to form a belief as to their truth. Such allegations shall be
deemed denied.
(d) Must affirmatively set forth any matter which constitutes an
avoidance or affirmative defense.
(e) May demand a hearing. Failure to demand a hearing constitutes a
waiver of the right to a hearing and to judicial review of any decision
or order of the Board, but the Board may order a hearing even if the
respondent waives his right to a hearing.
4. Failure to answer or to appear at the hearing constitutes an
admission by the respondent of all facts alleged in the complaint. The
Board may take action based on such an admission and on other evidence
without further notice to the respondent. If the Board takes action based
on such an admission, it shall include in the record which evidence was
the basis for the action.
5. The Board shall determine the time and place of the hearing as
soon as reasonably practical after receiving the respondent’s answer. The
Board shall deliver or send by registered or certified mail a notice of
hearing to all parties at least 10 days before the hearing.
6. The Board may delegate the authority to conduct one or more
disciplinary hearings to a hearing officer. If it does so, the hearing
officer shall within 30 days after the date of a hearing submit findings
of fact and proposed conclusions of law and recommendations to the Board
for its determination.
7. At the time and place fixed in the notice, the Board or the
hearing officer shall proceed to hear the charges.
8. The Board or hearing officer may grant a continuance of a
hearing upon a showing of good cause.
[Part 18:85:1947; A 1953, 323]—(NRS A 1969, 95; 1973, 686; 1977,
94, 384; 1981, 103; 1985, 1341)
If a licensee or applicant for
a license has engaged in repeated acts which would be grounds for
disciplinary action, but has corrected the conditions resulting from
those acts, the correction of those conditions does not preclude the
Board or its authorized representative from taking action against the
person pursuant to NRS 648.160 .
(Added to NRS by 1989, 1752)
1. If, after notice and a hearing as required by law, the Board
finds that cause exists, the Board may:
(a) Revoke the license of the licensee.
(b) Suspend the license of the licensee for not more than 1 year
for each violation.
(c) Fine the licensee not more than $5,000 for each violation.
(d) Suspend an order authorized by this section upon such terms and
conditions as the Board considers appropriate.
(e) Place the licensee on probation for not more than 2 years upon
such terms and conditions as the Board considers appropriate.
(f) Publicly reprimand the licensee.
(g) Affirm, modify or vacate the penalty imposed by a notice of
violation.
2. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1973, 682; A 1985, 1342; 1989, 1754; 1993, 893;
2003, 3474 ; 2005, 803 )
Upon receiving written notification of a
suspension, revocation or refusal to renew a license, the holder of the
license shall immediately surrender his license to the Board.
(Added to NRS by 1985, 1329)
Repealed. (See chapter 225, Statutes of Nevada 2005, at page 807 .)
1. The Board may apply to any court of competent jurisdiction to
enjoin any person who has engaged or is about to engage in any act which
violates any provision of this chapter or any regulation adopted by the
Board.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any
person.
(b) Does not preclude criminal prosecution and punishment of a
violator.
3. In addition to issuing the injunction, the court may impose a
civil penalty not to exceed $10,000 if the person has violated a
provision of NRS 648.060 .
(Added to NRS by 1977, 383; A 1987, 2139)
POLYGRAPHIC EXAMINATIONS
In any matter involving the well-being, employment or
liability of a person, another person shall not consider or accept into
evidence an opinion resulting from a polygraphic examination unless the
examination:
1. Meets the minimum standards established by this chapter; and
2. Was administered by a person who holds a valid license as a
polygraphic examiner or intern or is qualified as a polygraphic examiner
or intern and exempt from the requirement of licensing.
(Added to NRS by 1985, 1330)
1. Each instrument used to conduct a polygraphic examination must
be of a type approved by the Board. The Board shall approve instruments
which:
(a) Are of commercial manufacture;
(b) Visually, permanently and simultaneously record on a moving
graph, physiological effects, including cardiovascular activity,
respiratory activity and changes in skin resistance, as well as any other
activity which the Board deems relevant to the purposes of a polygraphic
examination; and
(c) Meet the minimum standards of accuracy and reliability adopted
by the Board.
2. Nothing in this chapter restricts the development of
instruments or electronic or mechanical devices to record physiological
events for the purpose of forming an opinion concerning the veracity of a
statement made by the person examined.
3. The Board may grant conditional approval to instruments for use
in research.
(Added to NRS by 1985, 1330)
Except in the case of an
investigation of its own affairs conducted by a law enforcement agency,
an examiner or intern shall, before beginning a polygraphic examination,
inform the person examined that he has the right to refuse to answer any
questions if his answer would tend to incriminate or degrade him.
(Added to NRS by 1985, 1331)
A polygraphic examination must not be conducted:
1. Unless the person examined is advised of the purpose of the
examination.
2. Unless the person examined consents to it in writing.
3. For the purpose of interfering with or preventing lawful
activities of organized labor.
4. If the person examined is less than 18 years of age, unless the
written consent of a parent or legal guardian has been obtained after the
parent or guardian has been informed of the nature of the examination and
the matters to be covered.
5. To circumvent or in defiance of the law.
(Added to NRS by 1985, 1331)
In conducting a
polygraphic examination, an examiner or intern shall use only standard
and widely accepted techniques based on comparison of the reaction to
relevant questions and to questions asked as a control or techniques
based on comparison of peaks of tension. All questions used during the
examination must be reviewed with the person examined before being used.
Minor modification of technique, not affecting its integrity, may be used
when necessary or appropriate for the issue under investigation.
(Added to NRS by 1985, 1331)
During a polygraphic examination, the examiner or
intern shall not make inquiries into the religion, political
affiliations, affiliations with labor organizations or sexual activities
of the person examined unless his religion or those affiliations or
activities are germane to the issue under investigation and the inquiries
are made at the request of the person examined.
(Added to NRS by 1985, 1331)
1. An examiner or intern shall not render a written or oral
opinion based upon his analysis of polygraphic charts without
administering two or more charts with the same questions on at least two
of the charts.
2. An examiner or intern shall not render an opinion based upon
analysis of polygraphic charts without affording the person examined an
opportunity to explain any physiological effects recorded on those charts
which indicate deception on the part of the person examined.
3. The opinion of an examiner or intern with regard to a
polygraphic examination may refer only to truth or deception on the part
of the person examined. An examiner or intern may not give an opinion as
to the guilt or innocence of the person examined. An examiner or intern
may indicate the person’s knowledge of elements of an act as shown by
analysis of polygraphic charts obtained during the conduct of
examinations which measure peaks of tension.
4. An examiner or intern shall advise the person examined of his
opinion concerning the person’s veracity within a reasonable time after
the examination.
(Added to NRS by 1985, 1331)
1. Each examiner or intern shall maintain a chronological log of
all polygraphic examinations which he administers. The log must include
the date of each examination, the name of the person examined, and an
identifying case or file number.
2. All polygraphic charts must be identified with the name of the
person examined, the date of the examination, an identifying case or file
number and the signature or initials of the examiner or intern.
3. The records of a polygraphic examination, including the written
consent of the person examined, the questions asked, notes and charts
obtained during the examination, must be maintained in a manner which
protects their confidentiality by the examiner or intern or his employer,
for a period of not less than 3 years.
4. Except when ordered to do so by a court of competent
jurisdiction, or as otherwise provided by law, a person who possesses the
results of a polygraphic examination or information obtained during a
polygraphic examination shall not release the results or the information
obtained without the written consent of the person examined.
(Added to NRS by 1985, 1332)
An examiner or intern may make charts and
other records of an examination available to another polygraphic examiner
or intern or group of polygraphic examiners or interns, including the
Board and its representatives, for the purpose of consultation or review
under conditions which ensure the confidentiality of the examination and
its results.
(Added to NRS by 1985, 1332)
UNLAWFUL ACTS; PENALTIES
It is
unlawful for any licensee or any employee, security guard, officer or
member of any licensee:
1. To divulge to anyone, except as he may be so required by law to
do, any information acquired by him except at the direction of the
employer or client for whom the information was obtained.
2. To make a false report to his employer or client.
[Part 15:85:1947; 1943 NCL § 5175.15]—(NRS A 1989, 1210)
1. Except as otherwise provided in subsection 2, it is unlawful
for a person to:
(a) Allow an employee, including an independent contractor, to
perform any work regulated pursuant to the provisions of this chapter
unless the employee holds a work card authorizing his work which is
issued by the sheriff of the county in which the work is performed. The
provisions of this paragraph do not apply to a person licensed pursuant
to this chapter.
(b) Work as a security guard unless he holds a work card
authorizing his work as a security guard issued in accordance with
applicable ordinances by the sheriff of the county in which the work is
performed.
2. The provisions of subsection 1 do not apply in any county whose
population is less than 100,000, but this subsection does not prohibit a
board of county commissioners from adopting similar restrictions by
ordinance.
3. The sheriff of any county in which such restrictions apply
shall require any person applying for such a work card to submit a
complete set of his fingerprints to the sheriff who may forward the
fingerprints to the Central Repository for Nevada Records of Criminal
History for submission to the Federal Bureau of Investigation to
determine the applicant’s criminal history.
(Added to NRS by 1989, 1210; A 1991, 184; 1997, 210; 2003, 2865
)
A person shall not
request any person examined to sign a waiver limiting the liability of
the examiner or intern. Any such waiver is void.
(Added to NRS by 1989, 15)
A person who violates any of the
provisions of NRS 648.060 to 648.205
, inclusive:
1. For the first violation is guilty of a misdemeanor.
2. For the second and subsequent violations, is guilty of a gross
misdemeanor.
[Part 5:85:1947; 1943 NCL § 5175.05] + [15:85:1947; 1943 NCL §
5175.15]—(NRS A 1967, 645; 1971, 1090; 1985, 1343; 1989, 1211)
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