USA Statutes : nevada
Title : Title 18 - STATE EXECUTIVE DEPARTMENT
Chapter : CHAPTER 228 - ATTORNEY GENERAL
No person shall
be eligible to the Office of Attorney General unless:
1. He shall have attained the age of 25 years at the time of such
election; and
2. He is a qualified elector and has been a citizen resident of
this State for 2 years next preceding the election.
[Part 2:108:1866; A 1953, 711; 1955, 459]
1. The Attorney General shall be elected by the qualified electors
of the State.
2. The Attorney General shall be chosen at the general election of
1866, and every 4th year thereafter, and shall hold his office for the
term of 4 years from the time of his installment and until his successor
shall be qualified.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL §
4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL §
4773] + [Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL
§ 4774]
The Attorney General shall be
commissioned by the Governor, and shall take the oath prescribed by the
Constitution.
[Part 1:67:1867; B § 2773; BH § 1778; C § 1999; RL § 4128; NCL §
7307]
The Attorney General shall keep his office at
the seat of government.
[Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL §
4774] + [Part 1:67:1867; B § 2773; BH § 1778; C § 1999; RL § 4128; NCL §
7307]—(NRS A 1977, 1369)
The Attorney General
shall not absent himself from the State exceeding 60 consecutive days
without leave of absence from the Legislature.
[Part 1:67:1867; B § 2773; BH § 1778; C § 1999; RL § 4128; NCL §
7307]
1. Until the first Monday in January 2007, the Attorney General is
entitled to receive an annual salary of $110,000. From the first Monday
in January 2007, until the first Monday in January 2011, the Attorney
General is entitled to receive an annual salary of $133,000.
2. On the first Monday in January 2011 and on the first Monday of
every fourth year thereafter, the salary of the Attorney General must be
increased by an amount equal to the cumulative percentage increase in the
salaries of the classified employees of this State during the immediately
preceding term of the Attorney General.
3. Except as otherwise provided in NRS 7.065 , the Attorney General shall not engage in the
private practice of law.
[6:295:1953; A 1955, 527] + [5:320:1955] + [11:320:1955] +
[13:320:1955]—(NRS A 1957, 541; 1961, 306; 1965, 971; 1969, 791; 1971,
2208; 1977, 1016; 1981, 1371; 1985, 1610; 1989, 202, 1898; 1997, 1227;
2005, 1184 )
1. The Attorney General may appoint as many deputies as he may
deem necessary to perform fully the duties of his office. All deputies so
appointed may perform all duties now required of the Attorney General.
2. Before entering upon the discharge of his duties, each deputy
so appointed shall take and subscribe to the constitutional oath of
office, which must be filed in the Office of the Secretary of State.
3. Except as otherwise provided in NRS 7.065 , deputy attorneys general shall not engage in
the private practice of law.
[1:15:1908; RL § 4135; NCL § 7314] + [2:15:1908; RL § 4136; NCL §
7315]—(NRS A 1967, 1488; 1971, 1424; 1973, 677; 1981, 1272; 1985, 255;
1989, 203; 1993, 2528)
1. In cases of emergency where the services of the Attorney
General’s Office are required in remote counties of the State, the
Attorney General may, when it appears for the best interests of the State
to do so, appoint a resident attorney at law of such county as special
deputy.
2. In any case where:
(a) The Attorney General represents the State of Nevada or any
officer, board, commission, appointee or department of the State;
(b) There are 100 or more litigants involved in the case or
litigation;
(c) The trial or hearings in such litigation have been completed
and the case or litigation has been decided by the court but the written
findings of fact, conclusions of law, and judgment and decree have not
been prepared or settled, determined, entered, signed and filed by the
court before the beginning of the term of Office of the Attorney General
who is in office at the time such written findings and conclusions and
the judgment and decree are to be prepared or settled, determined,
entered, signed and filed by the court; and
(d) The evidence in the case is voluminous,
Ê the incumbent Attorney General is authorized and directed, in the
interest of promptness and efficiency in the final determination of such
litigation, to appoint a special deputy attorney general.
3. The special deputy attorney general appointed in the manner
provided in subsection 2 shall:
(a) Prepare and supervise the preparation of such findings of fact,
conclusions of law and judgment and decree to be prepared for and on
behalf of the State of Nevada or such officer, board, commission,
appointee or department thereof;
(b) Present the same to the court or to the former district judge
thereof authorized and empowered to hear and determine the same, within
the time now or hereafter provided by law therefor; and
(c) Represent the state and such officer, board, commission,
appointee or department thereof in any and all hearings incident to any
and all such findings of fact, conclusions of law, and judgment and
decree, and in any and all objections and exceptions thereto presented to
the court or to the former district judge thereof authorized and
empowered to hear and determine the same in any such case for settlement,
determination, signing and filing in such case and in any and all motions
for new trials and also in any and all matters incident thereto, all
within the time now or hereafter provided by law therefor.
[Part 2:235:1931; 1931 NCL § 7313.02]
The Attorney General may appoint and employ an Administrative Assistant
in the unclassified service of this state.
(Added to NRS by 1997, 1741)
1. The Attorney General’s Special Fund is hereby created as a
special revenue fund.
2. All claims against the Fund must be paid as other claims
against the State are paid.
(Added to NRS by 1979, 99; A 1997, 1967)
The Attorney General shall deposit in the State
General Fund all money collected by him which is in excess of the amount
authorized for expenditure by the Legislature.
(Added to NRS by 1979, 351; A 1997, 1967)
Money for the support of the operations of the Office of Attorney
General from whatever source it is derived must be accounted for in the
Attorney General’s Administration Budget Account.
(Added to NRS by 1979, 273; A 1997, 1968)
1. There is hereby created a Revolving Account for the Office of
Attorney General in the sum of $5,000, which must be used for payment of
expenses related to litigation which are unexpected and require prompt
payment and for no other purposes.
2. The Attorney General shall deposit the money in the Revolving
Account in a bank or credit union qualified to receive deposits of public
money as provided by law and the deposit must be secured by a depository
bond satisfactory to the State Board of Examiners.
3. The Attorney General or his designee may sign all checks drawn
upon the Revolving Account.
4. Payments made for litigation expenses from the Revolving
Account must be promptly reimbursed from the legislative appropriation or
authorization, if any, to the account of the Attorney General relating to
the matter for which the litigation expenses were incurred. The claim for
reimbursement must be processed and paid as other claims against the
State are paid.
(Added to NRS by 1991, 2085; A 1999, 1463 ; 2005, 667 )
1. Before September 1 of each even-numbered year, for the biennium
ending June 30 of such year, the Attorney General shall report to the
Governor the condition of the affairs of his department, and in such
report he shall make such suggestions as shall appear to him calculated
to improve the laws of the State.
2. The Attorney General shall communicate to the Governor or
either branch of the Legislature, when requested, any information
concerning his office.
[5:67:1867; B § 2777; BH § 1782; C § 2003; RL § 4132; NCL §
7311]—(NRS A 1969, 1455)
1. The Attorney General and his duly appointed deputies shall be
the legal advisers on all state matters arising in the Executive
Department of the State Government.
2. No officer, commissioner or appointee of the Executive
Department of the Government of the State of Nevada shall employ any
attorney at law or counselor at law to represent the State of Nevada
within the State, or to be compensated by state funds, directly or
indirectly, as an attorney acting within the State for the State of
Nevada or any agency in the Executive Department thereof unless the
Attorney General and his deputies are disqualified to act in such matter
or unless an act of the Legislature specifically authorizes the
employment of other attorneys or counselors at law.
3. All claims for legal services rendered in violation of this
section shall be void.
[1:235:1931; 1931 NCL § 7313.01] + [Part 2:235:1931; 1931 NCL §
7313.02] + [3:235:1931; 1931 NCL § 7313.03]—(NRS A 1963, 1191)
1. The Attorney General may charge all state agencies which are
not supported entirely from the State General Fund for all services his
office provides to those agencies, to the extent that the cost of such
services is not included in the budget of the Office of the Attorney
General.
2. A state agency which is included in the cost allocation plan
prepared by the Director of the Department of Administration pursuant to
NRS 353.331 must be charged an amount determined in accordance with the
cost allocation plan.
3. A state agency which is not included in the cost allocation
plan must be charged for services on an hourly basis in an amount
sufficient to pay the salary and other expenses of the deputy attorney
general who provides the services.
(Added to NRS by 1979, 351; A 1995, 1536)
The Attorney
General may:
1. Appear before any grand jury, when in his opinion it is
necessary, and present evidence of the commission of a crime or violation
of any law of this State; examine witnesses before the grand jury, and
draw indictments or presentments for the grand jury, and thereafter
conduct the proceedings.
2. Exercise supervisory powers over all district attorneys of the
State in all matters pertaining to the duties of their offices, and from
time to time require of them reports as to the condition of public
business entrusted to their charge.
3. Appear in, take exclusive charge of and conduct any prosecution
in any court of this State for a violation of any law of this State, when
in his opinion it is necessary, or when requested to do so by the
Governor.
4. In any proceeding conducted by a grand jury or in any criminal
prosecution in any court, issue subpoenas for witnesses together with any
books, memoranda, papers and other documents.
5. When acting pursuant to any provision of law allowing or
requiring him to act in a criminal matter, institute criminal proceedings:
(a) By filing a complaint in a Justice or municipal Court, where a
misdemeanor is charged; or
(b) By filing a complaint and commencing a preliminary examination
where a gross misdemeanor or felony is charged and thereafter filing an
information in the district court,
Ê and may conduct those proceedings.
[1:5:1908; RL § 4137; NCL § 7316]—(NRS A 1979, 1093; 1981, 462,
546; 1989, 162)
When the Attorney General is
acting in a criminal matter and a statutory duty or right is provided for
the district attorney related to the prosecution of that offense, the
statutory provision applies to the Attorney General as it would apply to
the district attorney if he were conducting the prosecution.
(Added to NRS by 1985, 1424)
1. In all criminal cases where, in the judgment of the district
attorney, the personal presence of the Attorney General or the presence
of a deputy or special investigator is required in cases mentioned in
subsection 2, before making a request upon the Attorney General for such
assistance the district attorney must first present his reasons for
making the request to the board of county commissioners of his county and
have the board adopt a resolution joining in the request to the Attorney
General.
2. In all criminal cases where help is requested from the Attorney
General’s Office, as mentioned in subsection 1, in the presentation of
criminal cases before a committing magistrate, grand jury, or district
court, the board of county commissioners of the county making such
request shall, upon the presentation to the board of a duly verified
claim setting forth the expenses incurred, pay from the general funds of
the county the actual and necessary traveling expenses of the Attorney
General or his deputy or his special investigator from Carson City,
Nevada, to the place where such proceedings are held and return
therefrom, and also pay the amount of money actually expended by such
person for board and lodging from the date such person leaves until the
date he returns to Carson City.
3. This section shall not be construed as directing or requiring
the Attorney General to appear in any proceedings mentioned in subsection
2, but in acting upon any such request the Attorney General may exercise
his discretion, and his judgment in such matters shall be final.
[1:38:1923; NCL § 7323] + [2:38:1923; NCL § 7324] + [3:38:1923; NCL
§ 7325]—(NRS A 1969, 129)
1. The Attorney General shall attend each of the terms of the
Supreme Court, and there prosecute or defend, as the case may be, on the
part of the State:
(a) All causes to which the State may be a party;
(b) All causes to which any officer of the State, in his official
capacity, may be a party;
(c) All causes to which any county may be a party, other than those
in which the interest of the county may be adverse to the State, or any
officer of the State, acting in his official capacity, and
Ê after judgment obtained in any such cause, he shall direct such
proceedings, and sue out such process as may be required to carry the
same into execution.
2. The Attorney General shall:
(a) Account for and pay over to the proper officer, without delay,
all moneys which may come into his hands belonging to the State or any
county.
(b) Assist in all impeachments which may be tried before the Senate.
[2:67:1867; B § 2774; BH § 1779; C § 2000; RL § 4129; NCL § 7308]
1. When requested, the Attorney General shall give his opinion, in
writing, upon any question of law, to the Governor, the Secretary of
State, the State Controller, the State Treasurer, the Director of the
Department of Corrections, to the head of any state department, agency,
board or commission, to any district attorney and to any city attorney of
any incorporated city within the State of Nevada, upon any question of
law relating to their respective offices, departments, agencies, boards
or commissions.
2. Nothing contained in subsection 1 requires the Attorney General
to give his written opinion to any city attorney concerning questions
relating to the interpretation or construction of city ordinances.
3. The Attorney General is not entitled to receive any fee for the
performance of any duty required of him by law, but money may be paid to
his office or pursuant to law or an agreement with an agency of the State
for the performance of any duty or service by his office.
[3:67:1867; B § 2775; BH § 1780; C § 2001; RL § 4130; NCL §
7309]—(NRS A 1957, 655; 1959, 692; 1971, 1169; 1977, 870; 1979, 273; 2001
Special Session, 232 )
1. The Attorney General shall keep a record of each:
(a) Civil case to which the State or any officer of the State in
his official capacity is a party; and
(b) Criminal case for which he is the principal prosecuting
attorney.
2. The record must contain a copy of all pleadings and process,
interlocutory and final orders, judgments and decrees, process issued
thereon and satisfaction thereof, and memorandum of sentence.
3. Such records must be open to the public for inspection during
business hours.
[4:67:1867; B § 2776; BH § 1781; C § 2002; RL § 4131; NCL §
7310]—(NRS A 1971, 849; 1985, 56)
1. Whenever the Governor directs or when, in the opinion of the
Attorney General, to protect and secure the interest of the State it is
necessary that a suit be commenced or defended in any federal or state
court, the Attorney General shall commence the action or make the defense.
2. The Attorney General may investigate and prosecute any crime
committed by a person:
(a) Confined in or committed to an institution or facility of the
Department of Corrections.
(b) Acting in concert with, whether as a principal or accessory,
any person confined in or committed to an institution or facility of the
Department of Corrections.
(c) In violation of chapter 212 of NRS,
if the crime involves:
(1) An institution or facility of the Department of
Corrections; or
(2) A person confined in or committed to such an institution
or facility.
[6:67:1867; B § 2778; BH § 1783; C § 2004; RL § 4133; NCL §
7312]—(NRS A 1975, 654; 1983, 728; 1985, 56; 1989, 162; 2001 Special
Session, 233 )
1. As used in this section “state officer or employee” means an
elected officer of the State or any state officer or employee who is
compensated from the State Treasury.
2. The Attorney General has primary jurisdiction to investigate
and prosecute criminal offenses committed by state officers or employees
in the course of their duties or arising out of circumstances related to
their positions.
3. A district attorney may investigate an offense specified in
subsection 2 if:
(a) The Attorney General has stated in writing to the district
attorney that the Attorney General does not intend to act in the matter;
or
(b) The district attorney has inquired in writing of the Attorney
General whether the Attorney General will act in the matter, and:
(1) The district attorney has not received an answer in
writing to his inquiry within 30 days after making it; or
(2) The Attorney General has stated in writing to the
district attorney that he will act in the matter and has not filed a
criminal action in the matter within 90 days after making the statement.
4. When he is acting pursuant to this section, the Attorney
General may commence his investigation and file a criminal action without
leave of court, and he has exclusive charge of the conduct of the
prosecution.
5. The fact that the Attorney General or a district attorney has
not complied with any provision of this section is not a defense in a
criminal action.
(Added to NRS by 1981, 1250)
1. As used in this section “county officer or employee” means an
elected officer of a county or any county officer or employee who is
compensated from a county treasury.
2. The Attorney General may investigate and prosecute any criminal
offense committed by a county officer or employee in the course of his
duties or arising out of circumstances related to his position, if:
(a) The district attorney of the county has stated in writing to
the Attorney General that he does not intend to act in the matter; or
(b) The Attorney General has inquired in writing of the district
attorney whether he intends to act in the matter and:
(1) The Attorney General has not received a written response
within 30 days after the district attorney received the inquiry; or
(2) The district attorney responds in writing that he
intends to act in the matter, but an information or indictment is not
filed within 90 days after the response.
3. When he is acting pursuant to this section, the Attorney
General may commence his investigation and file a criminal action with
leave of court, and he has exclusive charge of the conduct of the
prosecution.
4. An information or indictment may not be dismissed on the ground
that the district attorney or Attorney General has not complied with this
section.
(Added to NRS by 1985, 1564)
The
Attorney General, with the consent of the Governor, is authorized to
commence and maintain, or defend, in the Supreme Court of the United
States, or in any court having jurisdiction of the action, in the name of
the State of Nevada, or otherwise, such proceedings at law or in equity
as in his judgment may be necessary or expedient for the purpose of
establishing and determining the rights of the State of Nevada, or the
residents thereof, in and to:
1. The waters of all interstate streams located partly in the
State of Nevada, where such waters, or part thereof, are claimed by any
other state or the citizens thereof.
2. The public lands, and to the waters therein and thereunder,
located in the State of Nevada.
[1:138:1915; A 1955, 66]
1. The Attorney General, in the name of the State, is authorized
to intervene or to appear in:
(a) Any action or proceeding at law or in equity which may now or
hereafter be pending, when it is necessary for or incident to the purpose
of establishing and determining the rights of the State of Nevada, or the
residents thereof, in and to:
(1) The waters of all interstate streams located partly in
Nevada, where such waters or a part thereof are claimed by any other
state or the citizens thereof.
(2) The public lands, and to the waters therein and
thereunder, located in the State of Nevada.
(b) Any action or proceeding, judicial or administrative, relative
to the construction of any dam, power plant or other structure on any
stream located either wholly or partly in Nevada or wholly or partly in
any other state, for the purpose of flood control, irrigation, power, or
for any other purpose, when it is necessary for or incident to
establishing and determining the rights of the State of Nevada or the
residents thereof. Any intervention or appearance of the Attorney General
of the kind authorized by this paragraph which occurred prior to March 8,
1960, is hereby authorized, ratified, confirmed and approved.
2. The Attorney General shall not obligate the State in any
intervention or appearance for any costs or expenses.
[2:138:1915; A 1955, 66]—(NRS A 1960, 125)
1. The Attorney General is directed and empowered to cause the
printing of proposed findings of fact and conclusions of law and
judgments and decrees from any district court of the State of Nevada
where there are more than 100 parties litigant in the action so decided,
and the State Engineer of the State of Nevada is one of the parties
litigant.
2. The Attorney General shall cause the proposed findings of fact
and conclusions of law and findings of fact, conclusions of law and
judgment and decree to be printed, and shall certify the expense thereof
to the State Board of Examiners, who shall check the same, and if the
Board finds that the printing has been done, it shall approve the same
and cause the claims for the printing to be paid as other claims are paid
from the Treasury of the State of Nevada.
[1:233:1931; 1931 NCL § 7334.01] + [3:233:1931; 1931 NCL § 7334.03]
If the Attorney General
neglects or refuses to perform any of the duties required of him by law,
he is guilty of a misdemeanor or is subject to removal from office.
[7:67:1867; B § 2779; BH § 1784; C § 2005; RL § 4134; NCL §
7313]—(NRS A 1977, 150)
BUREAU OF CONSUMER PROTECTION
As used in NRS 228.300 to 228.390 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 228.302 to 228.308
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1981, 1674; A 1995, 1083; 1997, 1968)
“Bureau of
Consumer Protection” means the Bureau of Consumer Protection in the
Office of the Attorney General.
(Added to NRS by 1997, 1966)
“Consumer’s Advocate”
means the Consumer’s Advocate of the Bureau of Consumer Protection.
(Added to NRS by 1997, 1967)
“Cooperative utility”
means a cooperative association or nonprofit corporation or association
which supplies utility services for the use of its own members only.
(Added to NRS by 1997, 1967)
“Public interest” means
the interests or rights of the State of Nevada and of the residents of
this state, or a broad class of those residents, which arise from the
constitutions, court decisions and statutes of this state and of the
United States and from the common law.
(Added to NRS by 1997, 1967)
1. The Bureau of Consumer Protection is hereby created within the
Office of the Attorney General.
2. The executive head of the Bureau of Consumer Protection is the
Consumer’s Advocate.
(Added to NRS by 1981, 1674; A 1997, 1968)
1. The Attorney General shall appoint the Consumer’s Advocate for
a term of 4 years. The Consumer’s Advocate is in the unclassified service
of the State. The person appointed:
(a) Must be knowledgeable in the various areas of the regulation of
public utilities;
(b) Must be independent of and have no pecuniary interest in any
utility or industry regulated by the Public Utilities Commission of
Nevada;
(c) Except as otherwise provided in NRS 284.143 , shall devote all of his time to the business
of his office and shall not pursue any other business or vocation or hold
any other office of profit; and
(d) Must not be a member of any political convention or a member of
any committee of any political party.
2. The Attorney General may remove the Consumer’s Advocate from
office for inefficiency, neglect of duty or malfeasance in office.
(Added to NRS by 1981, 1674; A 1987, 704; 1997, 616)
The Consumer’s Advocate may:
1. Employ such staff as is necessary to carry out his duties and
the functions of his office, in accordance with the personnel practices
and procedures established within the Attorney General’s Office. The
Consumer’s Advocate has sole discretion to employ and remove any member
of his staff.
2. Purchase necessary equipment.
3. Lease or make other suitable arrangements for office space, but
any lease which extends beyond the term of 1 year must be reviewed and
approved by a majority of the members of the State Board of Examiners.
4. Apply for an order or subpoena for the appearance of witnesses
or the production of books, papers and documents in any proceeding in
which he is a party or intervener, in the same manner as any other party
or intervener, and make arrangements for and pay the fees or costs of any
witnesses and consultants necessary to the proceeding. If any person
ordered by the Public Utilities Commission of Nevada to appear before it
as a witness pursuant to this subsection fails to obey the order, the
Commission shall apply for a subpoena commanding the attendance of the
witness.
5. Perform such other functions and make such other arrangements
as may be necessary to carry out his duties and the functions of his
office.
(Added to NRS by 1981, 1674; A 1987, 704; 1997, 1968)
1. Except as otherwise provided by NRS 598A.260 , all money collected by the Bureau of Consumer Protection
pursuant to NRS 704.033 and to those provisions relating to private investigators and
unfair trade practices must be deposited with the State Treasurer for
credit to the Account for the Bureau of Consumer Protection.
2. Money in the Account may be used only to defray the costs of
maintaining the Office of the Consumer’s Advocate and for carrying out
the provisions of NRS 228.300 to
228.390 , inclusive.
3. All claims against the Account must be paid as other claims
against the State are paid.
(Added to NRS by 1981, 1675; A 1989, 1470; 1997, 1969)
All gifts and grants of money which the Consumer’s Advocate is
authorized to accept must be deposited with the State Treasurer for
credit to the Account for the Consumer’s Advocate.
(Added to NRS by 1981, 1675; A 1989, 1470)
The
Consumer’s Advocate:
1. Shall intervene in and represent the public interest in:
(a) All proceedings conducted pursuant to NRS 704.7561 to 704.7595 , inclusive; and
(b) All proceedings conducted pursuant to NRS 704.061 to 704.110 , inclusive, in which an electric utility has filed a general
rate application or an application to clear its deferred accounts.
2. May, with respect to all public utilities except railroads and
cooperative utilities, and except as otherwise provided in NRS 228.380
:
(a) Conduct or contract for studies, surveys, research or expert
testimony relating to matters affecting the public interest or the
interests of utility customers.
(b) Examine any books, accounts, minutes, records or other papers
or property of any public utility subject to the regulatory authority of
the Public Utilities Commission of Nevada in the same manner and to the
same extent as authorized by law for members of the Public Utilities
Commission of Nevada and its staff.
(c) Except as otherwise provided in subsection 1, petition for,
request, initiate, appear or intervene in any proceeding concerning
rates, charges, tariffs, modifications of service or any related matter
before the Public Utilities Commission of Nevada or any court, regulatory
body, board, commission or agency having jurisdiction over any matter
which the Consumer’s Advocate may bring before or has brought before the
Public Utilities Commission of Nevada or in which the public interest or
the interests of any particular class of utility customers are involved.
The Consumer’s Advocate may represent the public interest or the
interests of any particular class of utility customers in any such
proceeding, and he is a real party in interest in the proceeding.
3. As used in this section, “electric utility” has the meaning
ascribed to it in NRS 704.187 .
(Added to NRS by 1981, 1675; A 1987, 705; 1997, 1969; 2001, 353
, 3254 )
All public utilities, except railroads and cooperative utilities, and
except as provided in NRS 228.380 ,
shall provide the Consumer’s Advocate with copies of any proposed changes
in rates or service, correspondence, legal papers and other documents
which are served on or delivered or mailed to the Public Utilities
Commission of Nevada.
(Added to NRS by 1981, 1676; A 1987, 705; 1997, 1969)
1. Except as otherwise provided in this section, the Consumer’s
Advocate may exercise the power of the Attorney General in areas of
consumer protection, including, but not limited to, enforcement of
chapters 90 , 597 , 598 , 598A , 598B , 598C and 599B of NRS. The Consumer’s Advocate may not exercise any powers to
enforce any criminal statute set forth in chapters 90 , 597 , 598 , 598A , 598B , 598C or 599B of NRS for any transaction or activity that involves a proceeding
before the Public Utilities Commission of Nevada if the Consumer’s
Advocate is participating in that proceeding as a real party in interest
on behalf of the customers or a class of customers of utilities.
2. The Consumer’s Advocate may expend revenues derived from NRS
704.033 only for activities directly related to the protection of
customers of public utilities.
3. The powers of the Consumer’s Advocate do not extend to
proceedings before the Public Utilities Commission of Nevada directly
relating to discretionary or competitive telecommunication services.
(Added to NRS by 1981, 1676; A 1991, 66; 1997, 1970)
Except as
otherwise provided in NRS 704.110 and 704.7561 to 704.7595 , inclusive:
1. The Consumer’s Advocate has sole discretion to represent or
refrain from representing the public interest and any class of customers
in any proceeding.
2. In exercising his discretion, the Consumer’s Advocate shall
consider the importance and extent of the public interest or the
customers’ interests involved and whether those interests would be
adequately represented without his participation.
3. If the Consumer’s Advocate determines that there would be a
conflict between the public interest and any particular class of
customers or any inconsistent interests among the classes of customers
involved in a particular matter, he may choose to represent one of the
interests, to represent no interest, or to represent one interest through
his office and another or others through outside counsel engaged on a
case basis.
(Added to NRS by 1981, 1676; A 1997, 1970; 2001, 354 , 3255 )
MEDICAID FRAUD
1. The Attorney General has primary jurisdiction to investigate
and prosecute violations of NRS 422.540 to 422.570 , inclusive, and any fraud in the administration of the Plan or
in the provision of medical assistance pursuant to the Plan. The
provisions of this section notwithstanding, the Department of Health and
Human Services and the Division of Health Care Financing and Policy of
the Department of Health and Human Services shall enforce the Plan and
any regulations adopted pursuant thereto.
2. For this purpose, the Attorney General shall establish within
his office the Medicaid Fraud Control Unit. The Unit must consist of a
group of qualified persons, including, without limitation, an attorney,
an auditor and an investigator who, to the extent practicable, have
expertise in nursing, medicine and the administration of medical
facilities.
3. The Attorney General, acting through the Medicaid Fraud Control
Unit:
(a) Is the single state agency responsible for the investigation
and prosecution of violations of NRS 422.540 to 422.570 , inclusive;
(b) Shall review reports of abuse or criminal neglect of patients
in medical facilities which receive payments under the Plan and, when
appropriate, investigate and prosecute the persons responsible;
(c) May review and investigate reports of misappropriation of money
from the personal resources of patients in medical facilities that
receive payments under the Plan and, when appropriate, shall prosecute
the persons responsible;
(d) Shall cooperate with federal investigators and prosecutors in
coordinating state and federal investigations and prosecutions involving
fraud in the provision or administration of medical assistance pursuant
to the Plan, and provide those federal officers with any information in
his possession regarding such an investigation or prosecution; and
(e) Shall protect the privacy of patients and establish procedures
to prevent the misuse of information obtained in carrying out the
provisions of this section.
4. When acting pursuant to NRS 228.175 or this section, the Attorney General may
commence his investigation and file a criminal action without leave of
court, and he has exclusive charge of the conduct of the prosecution.
5. As used in this section:
(a) “Medical facility” has the meaning ascribed to it in NRS
449.0151 .
(b) “Plan” means the State Plan for Medicaid established pursuant
to NRS 422.271 .
(Added to NRS by 1991, 1053; A 1993, 2067, 2498; 1995, 702; 1997,
1253, 2604; 1999, 2235 , 2242 ; 2003, 665 )
INSURANCE FRAUD
1. The Attorney General has primary jurisdiction to conduct
criminal investigations into and may bring a criminal prosecution for any
act alleged to be insurance fraud.
2. The Attorney General shall establish within his office a Fraud
Control Unit for Insurance. The Fraud Control Unit must consist of such
persons as are necessary to carry out the duties set forth in this
section, NRS 679B.600 to 679B.700 , inclusive, and NRS 686A.281 to 686A.292 , inclusive, including, without limitation, attorneys and
investigators.
3. The Attorney General, acting through the Fraud Control Unit:
(a) Is the single state agency responsible for the criminal
prosecution of insurance fraud;
(b) Shall cooperate with the Commissioner of Insurance, insurers,
and investigators and prosecutors of other states and the Federal
Government in coordinating state and federal criminal investigations and
criminal prosecutions involving insurance fraud;
(c) Shall protect the privacy of insurers and insured persons who
are eligible to receive benefits pursuant to the provisions of title 57
of NRS and shall establish procedures to prevent the misuse of
information obtained in carrying out this section; and
(d) May, upon written request, inspect the records of any insurer,
the Commissioner of Insurance and the Division of Insurance of the
Department of Business and Industry to conduct a criminal investigation
into any act alleged to be insurance fraud.
4. To investigate any act alleged to be insurance fraud, the
Attorney General and members of the Fraud Control Unit may conduct
investigations into any activity related thereto occurring outside of
this state, if necessary. To conduct these investigations, the Attorney
General and members of the Fraud Control Unit may:
(a) Travel outside of this state;
(b) Cooperate with appropriate agencies or persons outside of this
state; and
(c) Designate those agencies or persons to conduct investigations
for the Attorney General.
5. When acting pursuant to this section, the Attorney General may
commence his investigation and file a criminal action without leave of
court, and he has exclusive charge of the conduct of the prosecution. The
Attorney General may conduct preliminary hearings or grand juries for the
purposes of filing an information or indictment.
6. The Attorney General shall report the name of each person who
has been convicted of insurance fraud to the Commissioner of Insurance.
7. The provisions of this section must not be construed to limit
or diminish the jurisdiction of the Commissioner of Insurance to regulate
persons transacting insurance in this state.
8. As used in this section, “insurance fraud” has the meaning
ascribed to it in NRS 686A.2815 .
(Added to NRS by 2001, 1100 )
INDUSTRIAL INSURANCE FRAUD
1. The Attorney General has primary jurisdiction to investigate
and prosecute any alleged criminal violations of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, and any fraud in the administration of chapter
616A , 616B , 616C , 616D or 617 of NRS or in the provision of compensation required by chapters 616A
to 617 , inclusive, of NRS.
2. For this purpose, the Attorney General shall establish within
his office a Fraud Control Unit for Industrial Insurance. The Unit must
consist of such persons as are necessary to carry out the duties set
forth in this section, including, without limitation, an attorney, an
auditor and an investigator.
3. The Attorney General, acting through the Unit established
pursuant to subsection 2:
(a) Is the single state agency responsible for the investigation
and prosecution of any alleged criminal violations of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, and any fraud in the administration of chapter
616A , 616B , 616C , 616D or 617 of NRS or in the provision of compensation required by chapters 616A
to 617 , inclusive, of NRS;
(b) Shall cooperate with the Division of Industrial Relations of
the Department of Business and Industry, self-insured employers,
associations of self-insured public or private employers, private
carriers and other state and federal investigators and prosecutors in
coordinating state and federal investigations and prosecutions involving
violations of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, and any fraud in the administration of chapter
616A , 616B , 616C , 616D or 617 of NRS or in the provision of compensation required by chapters 616A
to 617 , inclusive, of NRS;
(c) Shall protect the privacy of persons who are eligible to
receive compensation pursuant to the provisions of chapter 616A , 616B , 616C , 616D or 617 of NRS and establish procedures to prevent the misuse of information
obtained in carrying out this section; and
(d) May, upon request, inspect the records of any self-insured
employer, association of self-insured public or private employers, or
private carrier, the Division of Industrial Relations of the Department
of Business and Industry and the State Contractors’ Board to investigate
any alleged violation of any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, or any fraud in the administration of chapter
616A , 616B , 616C , 616D or 617 of NRS or in the provision of compensation required by chapters 616A
to 617 , inclusive, of NRS.
4. When acting pursuant to this section or NRS 228.175 or 228.410 ,
the Attorney General may commence his investigation and file a criminal
action without leave of court, and he has exclusive charge of the conduct
of the prosecution.
5. The Attorney General shall report the name of any person who
has been convicted of violating any of the provisions of NRS 616D.200
, 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, to the occupational board that issued the
person’s license or certificate to provide medical care, remedial care or
other services in this state.
6. The Attorney General shall establish a toll-free telephone
number for persons to report information regarding alleged violations of
any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 , 616D.350 to 616D.440 , inclusive, and any fraud in the administration of chapter
616A , 616B , 616C , 616D or 617 of NRS or in the provision of compensation required by chapters 616A
to 617 , inclusive, of NRS.
7. As used in this section:
(a) “Association of self-insured private employers” has the meaning
ascribed to it in NRS 616A.050 .
(b) “Association of self-insured public employers” has the meaning
ascribed to it in NRS 616A.055 .
(c) “Private carrier” has the meaning ascribed to it in NRS
616A.290 .
(d) “Self-insured employer” has the meaning ascribed to it in NRS
616A.305 .
(Added to NRS by 1993, 773; A 1993, 799; 1995, 649, 1878, 2038;
1997, 579; 1999, 1808 )
DOMESTIC VIOLENCE
General Provisions
As used in NRS 228.423 to 228.490 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 228.427 and 228.430
have the meanings ascribed to them in
those sections.
(Added to NRS by 2005, 940 )
“Council” means the Nevada Council
for the Prevention of Domestic Violence created pursuant to NRS 228.480
.
(Added to NRS by 2005, 940 )
“Domestic violence” has
the meaning ascribed to it in NRS 33.018 .
(Added to NRS by 1997, 1818; A 2005, 941 )
Ombudsman for Victims of Domestic Violence
1. The Office of Ombudsman for Victims of Domestic Violence is
hereby created within the Office of the Attorney General.
2. The Attorney General shall appoint a person to serve in the
position of Ombudsman for a term of 4 years. The person so appointed:
(a) Must be knowledgeable about the legal and societal aspects of
domestic violence;
(b) Is in the unclassified service of the State; and
(c) Is not required to be an attorney.
3. The Attorney General may remove the Ombudsman from office for
inefficiency, neglect of duty or malfeasance in office.
(Added to NRS by 1997, 1819)
1. The Ombudsman for Victims of Domestic Violence shall:
(a) Prepare quarterly reports relating to victims of domestic
violence from information collected from the Central Repository for
Nevada Records of Criminal History, if any such information is available.
(b) Provide necessary assistance to victims of domestic violence.
(c) Provide education to the public concerning domestic violence,
including, without limitation, the prevention of domestic violence,
available assistance to victims of domestic violence and available
treatment for persons who commit domestic violence.
(d) Perform such other tasks as are necessary to carry out his
duties and the functions of his office.
2. Except as otherwise provided in this subsection, information
collected pursuant to paragraph (a) of subsection 1 is confidential and
must not be disclosed to any person under any circumstances, including,
without limitation, pursuant to a subpoena, search warrant or discovery
proceeding. Such information may be used for statistical purposes if the
identity of the person is not discernible from the information disclosed.
3. Any grant received by the Office of the Attorney General for
assistance to victims of domestic violence may be used to compensate the
Ombudsman for Victims of Domestic Violence.
(Added to NRS by 1997, 1819)
Account for Programs Related to Domestic Violence
1. The Account for Programs Related to Domestic Violence is hereby
created in the State General Fund. Any administrative assessment imposed
and collected pursuant to NRS 200.485
must be deposited with the State Controller for credit to the Account.
2. The Ombudsman for Victims of Domestic Violence:
(a) Shall administer the Account for Programs Related to Domestic
Violence; and
(b) May expend money in the Account only to pay for expenses
related to:
(1) The Committee on Domestic Violence created pursuant to
NRS 228.470 ;
(2) The Council;
(3) Training law enforcement officers, attorneys and members
of the judicial system about domestic violence;
(4) Assisting victims of domestic violence and educating the
public concerning domestic violence; and
(5) Carrying out his duties and the functions of his office.
3. All claims against the Account for Programs Related to Domestic
Violence must be paid as other claims against the State are paid.
(Added to NRS by 1997, 1819; A 2001, 2903 ; 2005, 941 )
Committee on Domestic Violence
1. The Attorney General shall appoint a Committee on Domestic
Violence comprised of:
(a) One staff member of a program for victims of domestic violence;
(b) One staff member of a program for the treatment of persons who
commit domestic violence;
(c) One representative from an office of the district attorney with
experience in prosecuting criminal offenses;
(d) One representative from an office of the city attorney with
experience in prosecuting criminal offenses;
(e) One law enforcement officer;
(f) One provider of mental health care;
(g) Two victims of domestic violence; and
(h) One person who:
(1) Has successfully completed a program for the treatment
of persons who commit domestic violence;
(2) Has not committed a violent act following such
treatment; and
(3) Has demonstrated leadership by assisting persons who
commit domestic violence or victims of domestic violence.
Ê At least two members of the Committee must be residents of a county
whose population is less than 100,000.
2. The Committee shall:
(a) Adopt regulations for the evaluation, certification and
monitoring of programs for the treatment of persons who commit domestic
violence;
(b) Review, monitor and certify programs for the treatment of
persons who commit domestic violence;
(c) Review and evaluate existing programs provided to peace
officers for training related to domestic violence and make
recommendations to the Peace Officers’ Standards and Training Commission
regarding such training;
(d) To the extent that money is available, arrange for the
provision of legal services, including, without limitation, assisting a
person in an action for divorce; and
(e) Submit on or before March 1 of each odd-numbered year a report
to the Director of the Legislative Counsel Bureau for distribution to the
regular session of the Legislature. The report must include, without
limitation, a summary of the work of the Committee and recommendations
for any necessary legislation concerning domestic violence.
3. The regulations governing certification of programs for the
treatment of persons who commit domestic violence adopted pursuant to
paragraph (a) of subsection 2 must include, without limitation,
provisions allowing a program that is located in another state to become
certified in this State to provide treatment to persons who:
(a) Reside in this State; and
(b) Are ordered by a court in this State to participate in a
program for the treatment of persons who commit domestic violence.
4. The Committee shall, at its first meeting and annually
thereafter, elect a Chairman from among its members.
5. The Committee shall meet regularly at least semiannually and
may meet at other times upon the call of the Chairman. Any five members
of the Committee constitute a quorum for the purpose of voting. A
majority vote of the quorum is required to take action with respect to
any matter.
6. The Attorney General shall provide the Committee with such
staff as is necessary to carry out the duties of the Committee.
7. While engaged in the business of the Committee, each member and
employee of the Committee is entitled to receive the per diem allowance
and travel expenses provided for state officers and employees generally.
(Added to NRS by 1997, 1819; A 1999, 2428 ; 2005, 32 )
Nevada Council for the Prevention of Domestic Violence
1. The Nevada Council for the Prevention of Domestic Violence is
hereby created within the Office of the Attorney General.
2. The Council must consist of not more than 30 members appointed
by the Attorney General from the various geographical regions of the
State.
3. The term of office of a member of the Council is 3 years.
4. A vacancy on the Council must be filled in the same manner as
the original appointment for the remainder of the unexpired term.
5. Each member of the Council:
(a) Serves without compensation; and
(b) While engaged in the business of the Council, is entitled to
receive the per diem allowance and travel expenses provided for state
officers and employees generally.
(Added to NRS by 2005, 940 )
1. The Attorney General or his designee is the Chairman of the
Council.
2. The Council shall annually elect a Vice Chairman, Secretary and
Treasurer from among its members.
3. The Council shall meet at least three times in each calendar
year and may meet at other times upon the call of the Chairman. At least
one meeting in each calendar year must be held at a location within the
Fourth Judicial District, Fifth Judicial District, Sixth Judicial
District or Seventh Judicial District.
4. The Council shall adopt rules for its own management and
government.
(Added to NRS by 2005, 940 )
1. For the purpose of preventing and eliminating domestic violence
in this State, the Council shall:
(a) Increase awareness of the existence and unacceptability of
domestic violence in this State;
(b) Make recommendations for any necessary legislation relating to
domestic violence to the Office of the Attorney General; and
(c) Provide financial support to programs for the prevention of
domestic violence in this State.
2. The Council shall:
(a) Study and review all appropriate issues related to the
administration of the criminal justice system in rural Nevada with
respect to offenses involving domestic violence, including, without
limitation, the availability of counseling services; and
(b) With the assistance of the Court Administrator, based upon the
study and review conducted pursuant to paragraph (a), prepare and submit
a report of its findings and recommendations to the Director of the
Legislative Counsel Bureau, on or before February 1 of each odd-numbered
year, for transmittal to the next regular session of the Legislature. In
preparing the report, the Council shall solicit comments and
recommendations from district judges, municipal judges and justices of
the peace in rural Nevada and include in its report, as a separate
section, all comments and recommendations that are received by the
Council.
3. The Council may apply for and accept gifts, grants, donations
and contributions from any source for the purpose of carrying out its
duties pursuant to this section. Any money that the Council receives
pursuant to this subsection must be deposited in and accounted for
separately in the Account for Programs Related to Domestic Violence
created pursuant to NRS 228.460 for use
by the Council in carrying out its duties.
(Added to NRS by 2005, 940 )
TELECOMMUNICATION SOLICITATION
As used in NRS 228.500 to 228.640 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 228.510 , 228.520 and 228.530
have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 2877 )
“Registry” means the registry
established pursuant to NRS 228.550
unless, pursuant to NRS 228.540 , the
part of the single national database that relates to this State is deemed
to be the registry.
(Added to NRS by 2003, 2877 )
1. “Telephone solicitor” means a person who makes or causes
another person or a machine to make an unsolicited telephone call for the
sale of goods or services.
2. As used in this section:
(a) “Device for automatic dialing and announcing” has the meaning
ascribed to it in NRS 597.812 .
(b) “Machine” includes, without limitation, a device for automatic
dialing and announcing.
(Added to NRS by 2003, 2877 )
1. “Unsolicited telephone call for the sale of goods or services”
means an unsolicited telephone call, other than a telephone call on
behalf of a charitable organization, religious organization or political
organization, to:
(a) Rent, lease, sell, exchange, promote or gift any good or
service;
(b) Solicit any act described in paragraph (a);
(c) Seek or obtain a donation or contribution of money or anything
else of value; or
(d) Seek or obtain information, including, without limitation, any
document, intended to be used to facilitate any act described in
paragraph (a), (b) or (c).
2. As used in this section:
(a) “Charitable organization” means a person that the Secretary of
the Treasury has determined to be tax exempt pursuant to the provisions
of section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. §
501(c)(3).
(b) “Committee for political action” means a committee for
political action, as defined in NRS 294A.0055 , which has registered pursuant to NRS
294A.230 .
(c) “Good or service” means:
(1) Any property or product, whether tangible or intangible;
(2) Any service, including, without limitation, financial
service;
(3) A loan or any other extension of credit;
(4) Insurance;
(5) Any investment or opportunity for investment;
(6) A gift, prize, bonus or any other inducement to act; or
(7) Anything of value.
(d) “Political organization” means a committee for political
action, political party or candidate for public office.
(e) “Religious organization” means an organization for which the
primary purpose is the operation of a church, synagogue or other place of
religious worship at which nonprofit religious services and activities
are regularly conducted.
(f) “Telephone call on behalf of a charitable organization,
religious organization or political organization” means a telephone call
on behalf of the organization if the call is made by:
(1) An employee of the organization who is paid directly by
the organization; or
(2) A volunteer.
3. For the purposes of this section, a telephone call is deemed to
have been solicited if it is made to a person who:
(a) Expressly requested or expressly gave permission for the
telephone call to be made;
(b) Had an established business relationship with the caller, if
the telephone call is made solely to verify the termination of the
business relationship; or
(c) Has a delinquent obligation for which payment or performance is
due but has not been made, if the telephone call is made to:
(1) Collect the payment or obtain the performance; or
(2) Extend credit to allow the person to make the payment.
(Added to NRS by 2003, 2877 )
1. If a federal agency establishes a single national database of
telephone numbers of persons who request not to receive unsolicited
telephone calls for the sale of goods or services, the Attorney General
shall, to the extent consistent with federal law, examine that database
and the federal law relating to that database for the purposes of NRS
228.500 to 228.640 , inclusive. Based upon this examination and
his analysis of the applicable needs of this State, the Attorney General
may issue a finding that:
(a) The part of the single national database that relates to this
State is adequate to serve as the registry for the purposes of NRS
228.500 to 228.640 , inclusive; and
(b) It is in the best interests of this State for the Attorney
General to use the part of the single national database that relates to
this State as the registry for the purposes of NRS 228.500 to NRS 228.640 , inclusive.
2. Except as otherwise provided in subsection 3, if the Attorney
General issues the finding described in subsection 1:
(a) The part of the single national database that relates to this
State shall be deemed to be the registry for the purposes of NRS 228.500
to 228.640 , inclusive;
(b) The Attorney General shall forward the applicable information
in the registry established pursuant to NRS 228.550 , if any, to the federal agency or other
appropriate person who maintains the single national database;
(c) The provisions of NRS 228.550
and 228.580 do not apply;
(d) The provisions of paragraphs (b), (c) and (d) of subsection 1
of NRS 228.560 do not apply; and
(e) The provisions of subsection 3 of NRS 228.590 do not apply.
3. Not less than biennially, the Attorney General shall reexamine
the single national database and the federal law relating to that
database for the purposes of NRS 228.500 to 228.640 ,
inclusive. Based upon this reexamination and his analysis of the
applicable needs of this State, the Attorney General may rescind his
finding issued pursuant to subsection 1. If the Attorney General rescinds
his finding:
(a) Except as otherwise provided in paragraph (d), 1 month after
the Attorney General rescinds his finding, the provisions of NRS 228.550
apply;
(b) Five months after the Attorney General rescinds his finding,
the provisions of NRS 228.580 apply;
(c) Six months after the Attorney General rescinds his finding:
(1) The provisions of paragraphs (b), (c) and (d) of
subsection 1 of NRS 228.560 apply;
(2) The provisions of subsection 3 of NRS 228.590 apply; and
(3) The part of the single national database that relates to
this State shall cease to be deemed to be the registry for the purposes
of NRS 228.500 to 228.640 , inclusive; and
(d) Three years after the Attorney General rescinds his finding,
the provisions of paragraph (d) of subsection 1 of NRS 228.550 apply.
4. At any time after rescinding a finding pursuant to subsection
3, the Attorney General may again issue a finding described in subsection
1, and may rescind that finding pursuant to subsection 3.
(Added to NRS by 2003, 2878 )
1. The Attorney General shall:
(a) Establish and maintain, or cause to be established and
maintained, a registry that includes the name and telephone number of
each person in this State who has requested that his telephone number be
included in the list published pursuant to this section;
(b) Provide for a toll-free telephone number that may be used to
request inclusion or maintenance of a telephone number in the registry;
(c) Publish a list of the telephone numbers in the registry at
least once every 6 months and ensure that no other personally identifying
information contained in the registry is included in the published lists;
(d) On January 1, 2007, and every 3 years thereafter, delete from
the registry every telephone number and related information, except for
each telephone number and related information for which the Attorney
General has received a request within the preceding 6 months to include
or maintain the telephone number in the registry;
(e) During the 6-month period identified in paragraph (d), use
reasonable means, including, without limitation, public service
announcements, to inform the public that telephone numbers and related
information in the registry will be deleted or otherwise purged unless
new or renewed requests for inclusion in the registry are received by the
Attorney General; and
(f) If a federal agency establishes a single national database of
telephone numbers of persons who request not to receive unsolicited
telephone calls for the sale of goods or services:
(1) Include the part of the single national database that
relates to this State in the registry;
(2) At least once every 6 months, add to the registry any
new and applicable information that has been added to the part of the
single national database that relates to this State; and
(3) At least once every 6 months, remove from the registry
any applicable information that has been removed from the part of the
single national database that relates to this State.
2. The Attorney General may:
(a) Contract for the establishment and maintenance of the registry;
(b) Provide for additional procedures for requesting inclusion or
maintenance of a telephone number in the registry; and
(c) Require by regulation that information in addition to names and
telephone numbers be included in the registry, including, without
limitation, the mailing address of each person who has requested
inclusion in the registry.
3. A person may request that his telephone number be included or
maintained in the registry using:
(a) A toll-free telephone number provided by the Attorney General
for that purpose; or
(b) Any other method provided by the Attorney General.
4. A person may request to have his telephone number removed from
the registry. Such a request must be submitted to the Attorney General in
writing.
(Added to NRS by 2003, 2879 )
1. The Attorney General shall make information available to the
public concerning the establishment and maintenance of the registry,
including, without limitation:
(a) The procedures for requesting the inclusion or maintenance of a
telephone number in the registry;
(b) A statement indicating that a revised version of the list of
telephone numbers in the registry will be published at least once every 6
months;
(c) A statement indicating that no information contained in the
registry, other than the telephone numbers, will be included on the list
published pursuant to this section or otherwise disclosed to the public;
and
(d) A statement indicating that all telephone numbers and related
information in the registry will be deleted or otherwise purged from the
registry every 3 years, except for any telephone number and related
information for which the Attorney General has received a new or renewed
request for inclusion in the registry within the 6 months before the
potential deletion.
2. A person who publishes telephone directories for distribution
to the public in this State shall ensure that each such telephone
directory includes the information made available to the public by the
Attorney General pursuant to subsection 1.
(Added to NRS by 2003, 2880 )
To the extent
consistent with federal law:
1. The registry is not a public record. Any list published of the
telephone numbers contained within the registry is not a public record.
2. The telephone numbers in the registry must not be published or
released except pursuant to the provisions of NRS 228.500 to 228.640 ,
inclusive.
3. The information in the registry other than the telephone
numbers:
(a) Must not be published or released; and
(b) May only be used by the Attorney General to administer the
provisions of NRS 228.500 to 228.640
, inclusive.
(Added to NRS by 2003, 2881 )
Each list of telephone numbers published pursuant
to NRS 228.550 must be made available
to a telephone solicitor upon the payment of the fee established by
regulation for this purpose by the Attorney General. The fee must not
exceed $1,000 annually for each telephone solicitor, regardless of the
number of revised editions of the list that are published during the
calendar year.
(Added to NRS by 2003, 2881 )
1. Except as otherwise provided in NRS 228.600 , a telephone solicitor shall not intentionally
make an unsolicited telephone call for the sale of goods or services to a
telephone number in the currently effective version of the list of
telephone numbers in the registry.
2. A person who obtains a copy of or access to the registry or to
any version of the list of telephone numbers in the registry shall not
use that information for any purpose other than determining whether a
particular telephone number is available for an unsolicited telephone
call for the sale of goods or services.
3. For the purposes of this section, a version of the list of
telephone numbers in the registry is deemed to be the currently effective
version of the list for the period beginning on the 31st day after it is
published and ending on the 30th day after the next version is published.
(Added to NRS by 2003, 2881 )
1. The provisions of NRS 228.590
do not prohibit a telephone solicitor from making or causing another
person to make an unsolicited telephone call for the sale of goods or
services to a telephone number in the currently effective version of the
list of telephone numbers in the registry if:
(a) There is a preexisting business relationship between the
telephone solicitor and the person who is called; and
(b) The telephone solicitor complies with the provisions of this
section.
2. Before a telephone solicitor may make or cause another person
to make an unsolicited telephone call for the sale of goods or services
based on a preexisting business relationship, the telephone solicitor
must establish and maintain an internal do-not-call registry that
complies with federal and state laws and regulations. The internal
do-not-call registry must:
(a) Include, without limitation, a list of the telephone numbers of
any person who has requested that the telephone solicitor not make or
cause another person to make an unsolicited telephone call for the sale
of goods or services to a telephone number of the person making the
request; and
(b) Upon request, be provided by the telephone solicitor to the
Attorney General.
3. In addition to the requirements set forth in subsection 2, at
least once each year, the telephone solicitor shall provide written
notice to each person with whom the telephone solicitor has a preexisting
business relationship. The written notice must:
(a) Inform the person that the telephone solicitor is providing the
notice pursuant to state law;
(b) Explain to the person that the telephone solicitor may elect to
be placed on the internal do-not-call list of the telephone solicitor and
specify the procedures for making such an election; and
(c) Explain to the person that the person may contact the customer
service department of the telephone solicitor or the Attorney General to
obtain further information concerning the provisions of this section and
must provide the current address, telephone number and electronic mail
address of the customer service department of the telephone solicitor and
the Attorney General.
4. As used in this section, “preexisting business relationship”
means a relationship between a telephone solicitor and a person that is
based on:
(a) The person’s purchase, rental or lease of goods or services
directly from the telephone solicitor, but not from any affiliate or
associate of the telephone solicitor; or
(b) Any other financial transaction directly between the person and
the telephone solicitor, but not between the person and any affiliate or
associate of the telephone solicitor,
Ê that occurs within the 18 months immediately preceding the date of the
unsolicited telephone call for the sale of goods or services.
(Added to NRS by 2003, 2881 )
If the Attorney General has reason to believe that a
person has violated any of the provisions of NRS 228.500 to 228.640 ,
inclusive, or any regulation adopted pursuant thereto, he may institute
an appropriate legal proceeding against the person in a court of
competent jurisdiction.
(Added to NRS by 2003, 2882 )
A
violation of a provision of NRS 228.500
to 228.640 , inclusive, constitutes a
deceptive trade practice for the purposes of NRS 598.0903 to 598.0999 , inclusive.
(Added to NRS by 2003, 2882 )
1. The Registry Fund is hereby created as a special revenue fund
in the State Treasury for the use of the Attorney General.
2. All money collected by the Attorney General pursuant to NRS
228.580 must be deposited in the State
Treasury for credit to the Registry Fund. The interest and income earned
on the money in the Registry Fund, after deducting any applicable
charges, must be credited to the Registry Fund.
3. Expenditures from the Registry Fund must be made only to
administer and enforce the provisions of NRS 228.500 to 228.640 ,
inclusive.
4. The Attorney General shall administer the Registry Fund. All
claims against the Registry Fund must be paid as other claims against the
State are paid.
5. Any money remaining in the Registry Fund at the end of a fiscal
year does not revert to the State General Fund, and the balance in the
Registry Fund must be carried forward to the next fiscal year.
6. Each year, the Attorney General shall submit an itemized
statement of the income and expenditures for the Registry Fund:
(a) To the Legislature, if the Legislature is in session; or
(b) To the Interim Finance Committee, if the Legislature is not in
session.
(Added to NRS by 2003, 2882 )
The Attorney General shall adopt
regulations to carry out the provisions of NRS 228.500 to 228.640 ,
inclusive.
(Added to NRS 2003, 2883 )
