[Rev. 2/10/2015 4:44:14
PM--2014R2]
CHAPTER 240A - DOCUMENT PREPARATION
SERVICES
GENERAL PROVISIONS
NRS 240A.010 Definitions.
NRS 240A.020 “Client”
defined.
NRS 240A.030 “Document
preparation service” defined.
NRS 240A.040 “Legal
matter” defined.
NRS 240A.050 “Registrant”
defined.
REGISTRATION AND PRACTICE
NRS 240A.100 Registration
by Secretary of State; qualifications of applicant; issuance of certificate of
registration.
NRS 240A.110 Duration
of registration; requirements for renewal; investigation of registrant.
NRS 240A.120 Cash
bond or surety bond required; conditions and requirements; release of surety;
return of bond; suspension and reinstatement of registration.
NRS 240A.130 Payment
of child support: Statement by applicant for registration; grounds for denial
of registration; duties of Secretary of State. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 240A.140 Suspension
of registration for failure to pay child support or comply with certain
subpoenas or warrants; reinstatement of registration. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 240A.150 Advertisement
for services of registrant: Inclusion of required statement; prohibition on
dissemination.
NRS 240A.160 Display
of copy of certificate of registration; display of notice relating to
registrant.
NRS 240A.170 Display
of business licenses.
NRS 240A.180 Written
disclosure of information to client; contents.
NRS 240A.190 Written
contract with client required; terms of contract; deficient contract voidable
by client.
NRS 240A.200 Information
required on all documents prepared for client.
NRS 240A.210 Duties
of registrant concerning documents of client.
NRS 240A.220 Duty
of registrant to provide copy of client’s file to governmental entities;
retention and destruction of copies of documents.
NRS 240A.230 Receipt
for client’s payment to registrant; required information on receipt.
NRS 240A.240 Prohibited
acts by registrant.
NRS 240A.250 Regulations
of Secretary of State; establishment of toll-free telephone number for
complaints.
NRS 240A.260 Investigation
by Secretary of State of alleged violation; permissible actions upon
determining that violation has occurred.
NRS 240A.270 Denial,
suspension, revocation or refusal to renew registration.
NRS 240A.280 Civil
actions brought by Attorney General or district attorney.
NRS 240A.290 Criminal
penalties; restitution.
NRS 240A.300 Private
actions; recovery of double damages.
NRS 240A.310 Effect
of provisions of chapter.
_________
GENERAL PROVISIONS
NRS 240A.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 240A.020 to 240A.050, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2013, 3465)
NRS 240A.020 “Client” defined. “Client”
means a person who:
1. Represents or otherwise acts for
himself or herself in a legal matter without the services of an attorney
authorized to practice law in this State; and
2. Receives the services of a document
preparation service in that legal matter or enters into a contract with a
document preparation service to receive such services.
(Added to NRS by 2013, 3465)
NRS 240A.030 “Document preparation service” defined.
1. “Document preparation service” means a
person who:
(a) For compensation and at the direction of a
client, provides assistance to the client in a legal matter, including, without
limitation:
(1) Preparing or completing any pleading,
application or other document for the client;
(2) Translating an answer to a question
posed in such a document;
(3) Securing any supporting document, such
as a birth certificate, required in connection with the legal matter; or
(4) Submitting a completed document on
behalf of the client to a court or administrative agency; or
(b) Holds himself or herself out as a person who
provides such services.
2. The term does not include:
(a) A person who provides only secretarial or
receptionist services.
(b) An attorney authorized to practice law in
this State, or an employee of such an attorney who is paid directly by the
attorney or law firm with whom the attorney is associated and who is acting in
the course and scope of that employment.
(c) A law student certified by the State Bar of
Nevada for training in the practice of law.
(d) A governmental entity or an employee of such
an entity who is acting in the course and scope of that employment.
(e) A nonprofit organization which qualifies as a
tax-exempt organization pursuant to 26 U.S.C. § 501(c) and which provides legal
services to persons free of charge, or an employee of such an organization who
is acting in the course and scope of that employment.
(f) A legal aid office or lawyer referral service
operated, sponsored or approved by a duly accredited law school, a governmental
entity, the State Bar of Nevada or any other bar association which is
representative of the general bar of the geographical area in which the bar
association exists, or an employee of such an office or service who is acting
in the course and scope of that employment.
(g) A military legal assistance office or a
person assigned to such an office who is acting in the course and scope of that
assignment.
(h) A person licensed by or registered with an
agency or entity of the United States Government acting within the scope of his
or her license or registration, including, without limitation, an accredited
immigration representative and an enrolled agent authorized to practice before
the Internal Revenue Service, but not including a bankruptcy petition preparer
as defined by section 110 of the United States Bankruptcy Code, 11 U.S.C. §
110.
(i) A corporation, limited-liability company or
other entity representing or acting for itself through an officer, manager,
member or employee of the entity, or any such officer, manager, member or
employee who is acting in the course and scope of that employment.
(j) A commercial wedding chapel.
(k) A person who provides legal forms or computer
programs that enable another person to create legal documents.
(l) A commercial registered agent.
(m) A person who holds a license, permit,
certificate, registration or any other type of authorization required by chapter 645 or 692A
of NRS, or any regulation adopted pursuant thereto, and is acting within the
scope of that authorization.
3. As used in this section:
(a) “Commercial registered agent” has the meaning
ascribed to it in NRS 77.040.
(b) “Commercial wedding chapel” means a
permanently affixed structure which operates a business principally for the
performance of weddings and which is licensed for that purpose.
(Added to NRS by 2013, 3465)
NRS 240A.040 “Legal matter” defined. “Legal
matter” means:
1. The preparation of any will or trust;
2. Any proceeding, filing or action
affecting the immigration or citizenship status of a person and arising under:
(a) Immigration and naturalization law;
(b) An executive order or presidential
proclamation; or
(c) An action of the United States Citizenship
and Immigration Services of the Department of Homeland Security, the United
States Department of State or the United States Department of Labor; or
3. Any proceeding, filing or action
otherwise affecting the legal rights, duties, obligations or liabilities of a
person.
(Added to NRS by 2013, 3466)
NRS 240A.050 “Registrant” defined. “Registrant”
means a document preparation service registered pursuant to this chapter.
(Added to NRS by 2013, 3466)
REGISTRATION AND PRACTICE
NRS 240A.100 Registration by Secretary of State; qualifications of applicant;
issuance of certificate of registration.
1. A person who wishes to engage in the
business of a document preparation service must be registered by the Secretary
of State pursuant to this chapter. An applicant for registration must be a
citizen or legal resident of the United States and at least 18 years of age.
2. The Secretary of State shall not
register as a document preparation service any person:
(a) Who is suspended or has previously been
disbarred from the practice of law in any jurisdiction;
(b) Whose registration as a document preparation
service has previously been revoked by the Secretary of State;
(c) Who has previously been convicted of a gross
misdemeanor pursuant to paragraph (b) of subsection 1 of NRS 240A.290; or
(d) Who has, within the 10 years immediately
preceding the date of the application for registration as a document
preparation service, been:
(1) Convicted of a crime involving theft,
fraud or dishonesty;
(2) Convicted of the unauthorized practice
of law pursuant to NRS 7.285 or the
corresponding statute of any other jurisdiction; or
(3) Adjudged by the final judgment of any
court to have committed an act involving theft, fraud or dishonesty.
3. An application for registration as a
document preparation service must be made under penalty of perjury on a form
prescribed by regulation of the Secretary of State and must be accompanied by a
cash bond or surety bond meeting the requirements of NRS
240A.120.
4. After the investigation of the history
of the applicant is completed, the Secretary of State shall issue a certificate
of registration if the applicant is qualified for registration and has complied
with the requirements of this section. Each certificate of registration must
bear the name of the registrant and a registration number unique to that
registrant. The Secretary of State shall maintain a record of the name and
registration number of each registrant.
(Added to NRS by 2013, 3466)
NRS 240A.110 Duration of registration; requirements for renewal;
investigation of registrant.
1. The registration of a document
preparation service is valid for 1 year after the date of issuance of the
certificate of registration, unless the registration is suspended or revoked.
Except as otherwise provided in this section, the registration may be renewed
subject to the same conditions as the initial registration. An application for
renewal must be made under penalty of perjury on a form prescribed by regulation
of the Secretary of State and must be accompanied by a cash bond or surety bond
meeting the requirements of NRS 240A.120, unless
the bond previously filed by the registrant remains on file and in effect.
2. The Secretary of State may:
(a) Conduct any investigation of a registrant
that the Secretary of State deems appropriate.
(b) Require a registrant to submit a complete set
of fingerprints and written permission authorizing the Secretary of State to
forward the fingerprints to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation for its
report.
3. After any investigation of the history
of a registrant is completed, unless the Secretary of State elects or is
required to deny renewal pursuant to this section or NRS
240A.270, the Secretary of State shall renew the registration if the
registrant is qualified for registration and has complied with the requirements
of this section.
(Added to NRS by 2013, 3467)
NRS 240A.120 Cash bond or surety bond required; conditions and requirements;
release of surety; return of bond; suspension and reinstatement of
registration.
1. A registrant shall file with the
Secretary of State a cash bond or surety bond in the penal sum of $50,000 which
is approved as to form by the Attorney General and conditioned to provide:
(a) Indemnification to a client or any other
person who is determined in an action or proceeding to have suffered damage as
a result of:
(1) An act or omission of the registrant,
or an agent or employee of the registrant, which violates a provision of this
chapter or a regulation or order adopted or issued pursuant thereto;
(2) A wrongful failure or refusal by the
registrant, or an agent or employee of the registrant, to provide services in
accordance with a contract entered into pursuant to NRS
240A.190;
(3) The fraud, dishonesty, negligence or
other wrongful conduct of the registrant or an agent or employee of the
registrant; or
(4) An act or omission of the registrant
in violation of any other federal or state law for which the return of fees, an
award of damages or the imposition of sanctions have been awarded by a court of
competent jurisdiction in this State; or
(b) Payment to the Secretary of State for any
civil penalty or award of attorney’s fees or costs of suit owing and unpaid by
the registrant to the Secretary of State pursuant to this chapter.
2. No part of the bond may be withdrawn
while the registration of the registrant remains in effect, or while a
proceeding to suspend or revoke the registration is pending.
3. If a surety bond is filed pursuant to
subsection 1:
(a) The bond must be executed by the registrant
as principal and by a surety company qualified and authorized to do business in
this State.
(b) The bond must cover the period of the
registration of the registrant, except when the surety is released in
accordance with this section.
(c) The surety shall pay any final, nonappealable
judgment of a court of this State that has jurisdiction, upon receipt of
written notice that the judgment is final.
(d) The bond may be continuous, but regardless of
the duration of the bond, the aggregate liability of the surety does not exceed
the penal sum of the bond.
(e) If the penal sum of the bond is exhausted,
the surety shall give written notice to the Secretary of State and the
registrant within 30 days after its exhaustion.
(f) The surety may be released after giving 30
days’ written notice to the Secretary of State and the registrant, but the
release does not discharge or otherwise affect any claim resulting from an act
or omission which is alleged to have occurred while the bond was in effect.
4. Except as otherwise provided in this
subsection, if a cash bond is filed pursuant to subsection 1, the Secretary of
State may retain the bond until the expiration of 3 years after the date the
registrant has ceased to do business, or 3 years after the date of the
expiration or revocation of the registration, to ensure that there are no
outstanding claims against the bond. A court of competent jurisdiction may
order the return of the bond, or any part of the bond, at an earlier date upon
evidence satisfactory to the court that there are no outstanding claims against
the bond or that the part of the bond retained by the Secretary of State is
sufficient to satisfy any outstanding claims. Interest on a cash bond filed
pursuant to subsection 1 must accrue to the account of the depositor.
5. The registration of a registrant is
suspended by operation of law when the registrant is no longer covered by a
bond or the penal sum of the bond is exhausted. If the Secretary of State
receives notice pursuant to subsection 3 that the penal sum of a surety bond is
exhausted or that the surety is being released, the Secretary of State shall
immediately notify the registrant in writing that his or her registration is
suspended by operation of law until another bond is filed in the same manner
and amount as the former bond.
6. The Secretary of State may reinstate
the registration of a registrant whose registration has been suspended pursuant
to subsection 5 if, before the current term of the registration expires, the
registrant files with the Secretary of State a new bond meeting the
requirements of this section.
7. Except as specifically authorized or
required by this chapter, a registrant shall not make or cause to be made any
oral or written reference to the registrant’s compliance with the requirements
of this section.
(Added to NRS by 2013, 3467)
NRS 240A.130 Payment of child support: Statement by applicant for
registration; grounds for denial of registration; duties of Secretary of State.
[Effective until the date of the repeal of 42 U.S.C. § 666, 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 registration
or the renewal of registration as a document preparation service pursuant to NRS 240A.100 or 240A.110
must include the social security number of the applicant in the application
submitted to the Secretary of State.
(b) An applicant described in paragraph (a) shall
submit to the Secretary of State 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 Secretary of State shall include
the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for registration or the renewal of registration; or
(b) A separate form prescribed by the Secretary of
State.
3. Registration as a document preparation
service may not be issued or renewed by the Secretary of State if the
applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant 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 the applicant 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
Secretary of State 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 2013, 3469)
NRS 240A.140 Suspension of registration for failure to pay child support or
comply with certain subpoenas or warrants; reinstatement of registration.
[Effective until the date of the repeal of 42 U.S.C. § 666, 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 Secretary of State 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 natural person
who is registered as a document preparation service, the Secretary of State
shall deem the registration to be suspended at the end of the 30th day after
the date on which the court order was issued unless the Secretary of State
receives a letter issued to the registrant by the district attorney or other
public agency pursuant to NRS 425.550
stating that the registrant has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Secretary of State shall reinstate
a registration as a document preparation service that has been suspended by a
district court pursuant to NRS 425.540
if the Secretary of State receives a letter issued by the district attorney or
other public agency pursuant to NRS 425.550
to the natural person whose registration was suspended stating that the person
whose registration was suspended has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS
425.560.
(Added to NRS by 2013, 3469)
NRS 240A.150 Advertisement for services of registrant: Inclusion of required
statement; prohibition on dissemination.
1. Any advertisement for the services of a
registrant which the registrant disseminates or causes to be disseminated must
include a clear and conspicuous statement that the registrant is not an
attorney authorized to practice in this State and is prohibited from providing
legal advice or legal representation to any person.
2. The statement required by subsection 1
to be included in an advertisement must:
(a) Be in the same language as the rest of the
advertisement; and
(b) Be in the form prescribed by regulation of
the Secretary of State.
3. A person shall not disseminate or cause
to be disseminated any advertisement or other statement that he or she is
engaged in the business of a document preparation service in this State unless
he or she has complied with all the applicable requirements of this chapter.
(Added to NRS by 2013, 3470)
NRS 240A.160 Display of copy of certificate of registration; display of
notice relating to registrant.
1. Each registrant shall display
conspicuously in his or her place of business a copy of his or her certificate
of registration and a written notice meeting the requirements of this section.
2. The notice must:
(a) Be not less than 12 by 20 inches in size, and
each character of text in the notice must be not less than 1 inch in height and
1 inch in width.
(b) Be written in English and in each other
language in which the registrant transacts business with the registrant’s
clients.
(c) Contain a statement that the registrant is
not an attorney authorized to practice in this State and is prohibited from
providing legal advice or legal representation to any person.
(d) Contain the full name of the registrant or,
if more than one registrant is providing services at that place of business,
the full name of each such registrant.
(e) Contain a list of the services provided by
the registrant and the fee charged for each such service.
(f) Contain a statement that the registrant has
filed with the Secretary of State a cash bond or surety bond, stating the
amount and any identifying number of the bond.
(Added to NRS by 2013, 3470)
NRS 240A.170 Display of business licenses.
1. A registrant required to obtain a state
business license issued by the Secretary of State pursuant to chapter 76 of NRS shall:
(a) Obtain a state business license before
offering a document preparation service; and
(b) Maintain a state business license during the
period of the registrant’s registration as a document preparation service.
2. Each registrant shall display
conspicuously in the registrant’s place of business a copy of:
(a) The state business license issued to the
registrant or the registrant’s employer, as applicable, by the Secretary of
State pursuant to chapter 76 of NRS; and
(b) Any business license issued to the registrant
or the registrant’s employer, as applicable, by a local government in this
State.
(Added to NRS by 2013, 3470)
NRS 240A.180 Written disclosure of information to client; contents.
1. Before providing any services to a
client or presenting a client with the contract required by NRS 240A.190, a registrant must:
(a) Furnish the client with a written form of
disclosure meeting the requirements of this section, with a copy for the client
to retain; and
(b) Require the client to read and sign the
disclosure, acknowledging that the client has read and understands it.
2. The disclosure must be written in
English and, if different, the language in which the registrant transacts
business with the client and must include:
(a) The full name, business address and telephone
number and registration number of the registrant.
(b) The name and business address of the
registrant’s agent for service of process, if any, in this State.
(c) A statement that the registrant is not an
attorney authorized to practice in this State and is prohibited from providing
legal advice or legal representation to any person.
(d) Unless the registrant is an attorney licensed
to practice in another state or other jurisdiction, a statement that any
communication between the client and the registrant is not protected from
disclosure by any privilege.
(e) A statement that the registrant has posted or
filed with the Secretary of State a cash bond or surety bond, stating the
amount of the bond and any identifying number of the bond.
(f) The expiration date of:
(1) The state business license issued to
the registrant or the registrant’s employer, as applicable, by the Secretary of
State pursuant to chapter 76 of NRS; and
(2) Any business license issued to the
registrant or the registrant’s employer, as applicable, by a local government
in this State.
(Added to NRS by 2013, 3470)
NRS 240A.190 Written contract with client required; terms of contract;
deficient contract voidable by client.
1. Before a registrant provides any
services to a client, the registrant and the client must enter into a written
contract meeting the requirements of this section. The registrant shall provide
the client with a copy of the contract.
2. The contract must:
(a) Be written in English and, if different, in
the language in which the registrant transacts business with the client, and be
printed or typewritten in not less than 12-point type.
(b) Explain the services to be performed by the
registrant and state the total price to be paid by the client for all such
services.
(c) With respect to any document to be prepared
by the registrant:
(1) State the estimated date by which the
document is to be completed;
(2) Identify the court or agency with
which the document is to be filed or submitted; and
(3) If applicable, identify any associated
deadlines or hearing dates of the court or agency with which the document is to
be filed or submitted.
(d) Include on the first page of the contract a
statement in boldface type that the registrant is not an attorney authorized to
practice in this State and is prohibited from providing legal advice or legal
representation to any person.
(e) Include a statement that any complaint
concerning the registrant may be directed to:
(1) If the complaint involves an alleged
violation of this chapter, the Secretary of State; or
(2) If the complaint involves an
allegation that the registrant is engaged in the unauthorized practice of law,
the office of Bar Counsel of the State Bar of Nevada,
Ê with the
toll-free telephone number and Internet address for making the complaint.
(f) State the date of the client’s signature on
the contract, if the client agrees to the terms of the contract.
3. A contract between a registrant and a
client that does not comply with any requirement of this section is voidable by
the client.
(Added to NRS by 2013, 3471)
NRS 240A.200 Information required on all documents prepared for client. Any document prepared for a client by a
registrant must include, below any required signature of the client, the name,
business address and telephone number and registration number of the
registrant.
(Added to NRS by 2013, 3472)
NRS 240A.210 Duties of registrant concerning documents of client.
1. A registrant shall take reasonable
measures to safeguard from loss or damage any document provided to the
registrant by a client in connection with services rendered by the registrant.
2. Except as otherwise provided in
subsection 3, a registrant shall immediately return to a client any original
document provided by the client:
(a) Upon the request of the client;
(b) If the contract required by NRS 240A.190 is not signed or is cancelled for any
reason; or
(c) If the document is no longer needed for the
services rendered by the registrant.
3. If a copy of any original document
provided by a client is sufficient for the purposes of a legal matter, the
registrant shall make or cause to be made a copy of the original document and
immediately return the original to the client.
4. The duties of a registrant pursuant to
this section are not affected by a dispute existing between the registrant and
the client over the registrant’s fees or costs.
(Added to NRS by 2013, 3472)
NRS 240A.220 Duty of registrant to provide copy of client’s file to governmental
entities; retention and destruction of copies of documents.
1. Upon the presentation to a registrant
of a written form of authorization signed by a client, the registrant shall
provide a complete copy of the client’s file to an agent or employee of the
Secretary of State or the Attorney General, or to an agent or employee of a law
enforcement agency, without the necessity of a warrant or subpoena.
2. A registrant shall retain a copy of any
document prepared for a client for not less than 3 years after the date of the
last service performed for the client. At the end of that period, unless the
client requests that the document be given to the client, the document may be
destroyed by the registrant. Any method of destruction used by a registrant must
ensure the complete and confidential destruction of the document.
(Added to NRS by 2013, 3472)
NRS 240A.230 Receipt for client’s payment to registrant; required information
on receipt. A registrant shall
provide a signed receipt to a client for each payment made to the registrant by
the client. The receipt must be printed or typewritten on the letterhead of the
registrant and must include the name, business address and telephone number,
registration number and taxpayer identification number of the registrant.
(Added to NRS by 2013, 3472)
NRS 240A.240 Prohibited acts by registrant. A
registrant shall not:
1. After the date of the last service
performed for a client, retain any fees or costs for services not performed or
costs not incurred.
2. Make, orally or in writing:
(a) A promise of the result to be obtained by the
filing or submission of any document, unless the registrant has some basis in
fact for making the promise;
(b) A statement that the registrant has some
special influence with or is able to obtain special treatment from the court or
agency with which a document is to be filed or submitted; or
(c) A false or misleading statement to a client
if the registrant knows that the statement is false or misleading or knows that
the registrant lacks a sufficient basis for making the statement.
3. In any advertisement or written
description of the registrant or the services provided by the registrant, or on
any letterhead or business card of the registrant, use the term “legal aid,”
“legal services,” “law office,” “notary public,” “notary,” “licensed,”
“attorney,” “lawyer” or any similar term, in English or in any other language,
which implies that the registrant:
(a) Offers services without charge if the
registrant does not do so; or
(b) Is an attorney authorized to practice law in
this State.
4. Negotiate with another person
concerning the rights or responsibilities of a client, communicate the position
of a client to another person or convey the position of another person to a
client.
5. Appear on behalf of a client in a court
proceeding or other formal adjudicative proceeding, unless the registrant is
ordered to appear by the court or presiding officer.
6. Provide any advice, explanation,
opinion or recommendation to a client about possible legal rights, remedies,
defenses, options or the selection of documents or strategies, except that a
registrant may provide to a client published factual information, written or
approved by an attorney, relating to legal procedures, rights or obligations.
7. Seek or obtain from a client a waiver
of any provision of this chapter. Any such waiver is contrary to public policy
and void.
(Added to NRS by 2013, 3472)
NRS 240A.250 Regulations of Secretary of State; establishment of toll-free
telephone number for complaints.
1. In addition to the regulations which
the Secretary of State is required to adopt pursuant to this chapter, the
Secretary of State may adopt any other regulations necessary to carry out the
provisions of this chapter.
2. The Secretary of State shall:
(a) Establish a toll-free telephone number which
may be used by any person to make a complaint about a registrant or an alleged
violation of this chapter.
(b) Post on the Internet website of the Secretary
of State information concerning making such a complaint, which must include the
telephone number established pursuant to paragraph (a).
(Added to NRS by 2013, 3473)
NRS 240A.260 Investigation by Secretary of State of alleged violation; permissible
actions upon determining that violation has occurred.
1. If the Secretary of State obtains
information that a provision of this chapter or a regulation or order adopted
or issued pursuant thereto has been violated by a registrant or another person,
the Secretary of State may conduct or cause to be conducted an investigation of
the alleged violation.
2. If, after investigation, the Secretary
of State determines that a violation has occurred, the Secretary of State may:
(a) Serve, by certified mail addressed to the
person who has committed the violation, a written order directing the person to
cease and desist from the conduct constituting the violation. The order must
notify the person that any willful violation of the order may subject the person
to prosecution and criminal penalties pursuant to NRS
240A.290.
(b) If a registrant has committed the violation,
begin proceedings pursuant to NRS 240A.270 to
revoke or suspend the registration of the registrant.
(c) Refer the alleged violation to the Attorney
General or a district attorney for commencement of a civil action against the
person pursuant to NRS 240A.280.
(d) Refer the alleged violation to the Attorney
General or a district attorney for prosecution of the person pursuant to NRS 240A.290.
(e) Take any combination of the actions described
in this subsection.
(Added to NRS by 2013, 3473)
NRS 240A.270 Denial, suspension, revocation or refusal to renew registration.
1. The Secretary of State may deny,
suspend, revoke or refuse to renew the registration of any person who violates
a provision of this chapter or a regulation or order adopted or issued pursuant
thereto. Except as otherwise provided in subsection 2, a suspension or
revocation may be imposed only after a hearing.
2. The Secretary of State shall
immediately revoke the registration of a registrant upon the receipt of an
official document or record showing:
(a) The entry of a judgment or conviction; or
(b) The occurrence of any other event,
Ê that would
disqualify the registrant from registration pursuant to subsection 2 of NRS 240A.100.
(Added to NRS by 2013, 3474)
NRS 240A.280 Civil actions brought by Attorney General or district attorney.
1. Upon referral by the Secretary of
State, the Attorney General or the district attorney of the county in which the
defendant resides or maintains a place of business may bring an action in the
name of the State of Nevada in a court of competent jurisdiction:
(a) For injunctive relief against any person who
violates or threatens to violate a provision of this chapter or a regulation or
order adopted or issued pursuant thereto;
(b) For the recovery of a civil penalty against
the defendant of not less than $100 or more than $5,000 for each such
violation;
(c) For an order directing restitution to be made
by the defendant to any person who suffers pecuniary loss as a result of such a
violation; or
(d) For any combination of the remedies described
in this subsection.
2. Any civil penalty recovered pursuant to
this section must be paid to the Secretary of State and deposited in the State
General Fund.
3. If the court determines that the State
of Nevada is the prevailing party in an action brought pursuant to this
section, the court shall award the State the costs of suit and reasonable
attorney’s fees incurred in the action.
(Added to NRS by 2013, 3474)
NRS 240A.290 Criminal penalties; restitution.
1. A person who willfully violates a
provision of this chapter or a regulation or order adopted or issued pursuant
thereto:
(a) For the first offense within the immediately
preceding 5 years, is guilty of a misdemeanor.
(b) For a second or subsequent offense within the
immediately preceding 5 years, is guilty of a gross misdemeanor and shall be
punished by imprisonment in the county jail for not more than 1 year, or by a
fine of not more than $10,000, or by both fine and imprisonment.
2. In addition to the penalties prescribed
by subsection 1, the court may order a person described in that subsection to
pay restitution to any person who has suffered a pecuniary loss as a result of
the violation.
3. For the purposes of subsections 1 and
2, evidence that a person has been served with an order by the Secretary of
State pursuant to NRS 240A.260 before the date of
the alleged violation is evidence that the alleged violation is intentional if
it involves a repetition or a continuation of conduct of the kind described in
the order.
(Added to NRS by 2013, 3474)
NRS 240A.300 Private actions; recovery of double damages. Notwithstanding the provisions of NRS 240A.260 to 240A.290,
inclusive, any person who suffers a pecuniary loss as a result of a violation
of this chapter or a regulation or order adopted or issued pursuant thereto by
a registrant or other person may bring an action against that person in any
court of competent jurisdiction and may recover the sum of $500 or twice the
amount of the pecuniary loss sustained, whichever is greater. If the court
determines that the plaintiff is the prevailing party in an action brought
pursuant to this section, the court shall award the plaintiff the costs of suit
and reasonable attorney’s fees incurred in the action.
(Added to NRS by 2013, 3475)
NRS 240A.310 Effect of provisions of chapter. The
provisions of this chapter do not:
1. Authorize the practice of law by any
person who is not an active member of the State Bar of Nevada or otherwise
authorized to practice law in this State; or
2. Prohibit a person from representing or
otherwise acting for himself or herself in a legal matter without the services
of an attorney.
(Added to NRS by 2013, 3475)
